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A34852 Hibernia anglicana, or, The history of Ireland, from the conquest thereof by the English, to this present time with an introductory discourse touching the ancient state of that kingdom and a new and exact map of the same / by Richard Cox ... Cox, Richard, Sir, 1650-1733. 1689 (1689) Wing C6722; ESTC R5067 1,013,759 1,088

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annexed to the Crown But two of the Burks seized upon most part of the Estate and divided it between them and knowing they could not hold it by the Law of England they confederated with the Irish and changed their Language Apparel Customs and Manners Nay their very Names were altered into those of Mac William Eighter and Mac William Oughter and by these means they have made a shift to keep some part of that mighty Estate for many score years The Lord Justice to revenge the Murder of the Earl of Vlster which made a great noise in Ireland call'd a Parliament by whose advice he went by Sea to Carigfergus on the first of July and by help of the Country People he destroyed the Murderers and their Abettors and thence with his Army he sailed into Scotland where he did very good Service But the Parliament sitting in England Cottons Rec. the 15th of March it was there resolved That because the Kings Affairs required him in France his Irish Voyage should be postpon'd for a year so as Aid might be sent in the mean time but it seems that the Scots so allarm'd him in the North that he performed neither the one nor the other Voyage And though both Houses apart advised the King to send Supplies of Men and Money to Ireland and gave him one Disme and one Fifteenth to that purpose yet I do not find that any considerable Recruits were sent thither but instead of that a Commission was sent to treat with the Rebels Prin 270. Whilst the Lord Justice was beyond Seas the Government was managed by Thomas de Burgh Lord Treasurer but it was not long before Darcy return'd with honour and releas'd Walter de Birmingham out of Prison in February following and soon after Sir Simon Archdeacon and others were slain by the Irish in Leinster Ibid. And the young Lord Roch prevail'd with the King to reduce to ten pounds a Fine of two hundred Marks impos'd on his Father for absenting himself from the Parliaments of 20 Edw. 2. and 2 Edw. 3. to both which he was summoned Maurice Fitz-Girald broke his Leg by a Fall from his Horse and was thereby hindred from repairing to England as he had promised and designed 1335. but now being recovered he went thither and was well received by the King and created Earl of Desmond 1336. 9 Ed. 3. On the 9th of August the English gave the Irishmen a great Defeat in Connaught Campion 88. and with the loss of one man slew ten thousand of their enemies and not long after the Lord Justice was removed and Sir John Charleton came over Lord Justice 1337. and brought with him his Brother Thomas Bishop of Hereford Lord Chancellor John Rice or ap Rees Lord Treasurer and two hundred Welsh Soldiers he called a Parliament at Dublin to which the Archbishop of Armagh designed to come Pryn. 409. and in order to it made great Preparations at S. Mary Abby but the Archbishop of Dublin would not permit him to advance his Cross in that Diocess till the King sent his Writs as well to the Archbishop as to the Corporation of Dublin not to molest the Primate Thomas Charleton 1338. Bishop of Hereford Governour of Ireland he caused Sir Eustace Poer and Sir John Poer to be imprisoned in the Castle of Dublin on the third Day of February And this Winter there was so great Frost and Snow from the second Day of December to the tenth Day of February that they Plaid Danced and roasted Fish on the Ice upon the River of Liffy And now again 1339. were all the Irish in Arms especially in Munster but the Earl of Desmond so well managed Matters there that he slew one thousand two hundred Men in Kerry and took Nicholas Fitz-Maurice Lord of Kerry Prisoner and kept him in Durance till he died Cambden 187. because he had joyned with the Irish against the King and the Earl Nor had the Earl of Kildare worse Success in Leinster for he pursued the O Dempsies so close that many of them were drowned in the River Barrow and the greatest Booty that ever was taken in that Country was brought by the Lord Justice and the English from Idrone in the County of Caterlogh about the latter end of February and in April following the Lord Justice being sent for to England resigned to Roger Outlaw 1340. Prior of Kilmainham Lord Justice he died the February following and by the Kings Patent constituted John Lord Darcy L. Justice during Life but he came not afterwards into Ireland but in May following sent over Sir John Morris 1341. Lord Deputy to whom the Inhabitants of Ireland did not pay that respect which was due to his Character for the English Irish were how grown so proud that they disdain'd to be under the authority of a Knight And therefore to mortifie them it was resolved to make a general Resumption of all Lands Liberties Signiories and Jurisdictions which this King or his Father had granted in Ireland QVia plures excessivae Donationes Terrarum Tenement 15 E. 3. m. 14 Libertatum in Terra Hibern ad minus veracem subdolem suggestionem potentium quam per Ed. 2. quam per Regem nun● facta sunt c. Rex delusorias hujusmodi Machinationes volens elidere de concilio peritorum sibi assistent omnes donationes Terrarum Tenement Libertat praedict duxit 〈◊〉 c. quousque de meritis personarum ac de causis conditionibus donationum praedict fuerit informat ideo Mand●● est Justi● regni Hibern quod omnia Terras Ienementa c. praedict perdict Reges Justic aut locum tenentes suos quibuscunque personis fact seisire facias c. It cannot be expressed what Fewds Davis 138. that it was by good advice Heart-burnings and Dissatisfactions this one unadvised Act did create it was the rise and occasion of a distinction between the English of Blood and the English of Birth which had like to be fatal to the whole Kingdom Pryn. 272. all the old English were disobliged by this procedure and without their assistance the King could not keep much less enlarge his Interest in Ireland To qualifie this Matter and to allay these Heats 1342. a Parliament was summoned to meet at Dublin in October but the Earl of Desmond and other Great Men of that Faction openly refused to come and on the contrary they confederated with the Corporations and some Cities and the rest of the Male-contents and without consulting the Government they appointed a General Assembly at Kilkenny in November following and there they did accordingly meet and the Lord Justice had not Power to hinder them nor did he dare to come to them This Assembly sent Messengers to the King with their Complaints couched in these three Queries I. How a Realm of War could be governed by a Man unskilful in all war-like Service II. How an
And so having wasted that Country he marched into Tyrone where he took and burnt the Castle of Dungannon and preyed and burnt all the Country thereabouts But the Citizens of Dublin had not so good luck for a Company of them thinking that the very Name of the King's Forces could obtain Victories over the Irish made an Incursion into Imaly but being as we say Fresh-Water Soldiers upon the Slaughter of a few of them the rest were frightned back to their Shops The Winter this Year was exceeding Cold and the Ice strong enough to bear all manner of Carriages which is very unusual in Ireland And this Winter Queen Mary was born whose Superstitious Zeal proved as extream Hot as the Weather was Cold. The Fortune and Victories of the Lord Deputy influenced the Irish to be quiet this Year and the Reputation of the Government was somewhat augmented by the Honourable Peace which the King made with the French 1518. in September which was afterwards proclaimed in Dublin In the mean time Ware 54. places this Anno 1597. but is mistaken great were the Dissentions in Ireland between Sir James Ormond a Man of great Courage and Reputation and Sir Pierce Butler a valiant Gentleman about the Earldom of Ormond the former was a Natural Son of John by some called Earl of Ormond elder Brother of Thomas the last Earl and the other was Son of Sir James Butler Son of Sir Edmund Son of Sir Richard Butler who was Brother to James the Fifth Earl of Ormond so that Pierce his Grandfather Sir Edmond was Cozen German to the Deceased Earl Thomas Hereby it appears that the Right to that Earldom was in Sir Pierce who had married the Lady Margaret Fitz-Girald the Lord Deputies Sister nevertheless Sir James having formerly been Lord Treasurer and a very popular Man and probably the Manager of this Estate for his Unkle Thomas who always resided in England by the help of the Tenants got into possession and by the same assistance and his own vigor he kept what he had got without allowing any thing to the right Heir towards his maintenance whereby that Noble Pair Sir Pierce and his Wife were reduced to great extremity It is scarce credible that Persons of that Quality and so well allied should be forced to lurk in Woods and want a Bottle of Wine for their Refreshment Holingsh 84. and yet Stanyhurst reports a formal Story That the Lady Margaret Fitz-Girald Wife of Sir Pierce Butler being great with Child complained to her Husband and their Servant James White that she could no longer live on Milk and therefore earnestly desired them to get her some Wine whereto Sir Pierce replied That she should have Wine enough within twenty four hours or feed alone on Milk for him and immediately he went away with his Page to lie in wait for his Competitor whom he met the next day riding with six Horsemen Attendants between Drumore and Kilkenny March 17. and upon a sudden Sir Pierce rushed in upon him and kill'd him with his Spear and thenceforward enjoyed the Estate in quiet This Year Rokeby Archbishop of Dublin who was likewise Lord Chancellor held a Provincial Synod at Dublin the Canons whereof are to be found in the Registry of the Bishop of Clogker And this Year or the next Art O Neal invaded and wasted O Dogherty's Island of Inisowen in the County of Donegal The Enemies of the Earl of Kildare had the last year done what they could underhand to disgrace him in England but he had so well defended himself by his Friends there 1519. that their Design was ineffectual wherefore they address'd themselves to Cardinal Wolsey and by his means procur'd Kildare to be recalled to answer Articles exhibited against him for Male-administration First Ware 98. That he had enriched himself and Followers by the King's Revenue and Land Secondly That he had Alliance and Correspondence with several Irish he had the King's Leave to substitute a Deputy so he appointed Sir Thomas Fitz-Girald of Lackagh a Knight of his own Family Lord Justice in the mean time Kildare marries in England with Elizabeth Grey Daughter of the Marquess of Dorset by whose means he got favour in England and was dismiss'd but Cardinal Wolsey suggesting the King had neglected Ireland too long and that some worthy man ought to be sent over that was impartial to any Faction or Party and was able to keep them not only more peaceable amongst themselves but also more serviceable to the King to the end that the Blood and Vigor which else would be spent in their Civil Dissentions might be opposed to the common Enemy he procured to be sent into Ireland Thomas Howard Earl of Surrey Lord Admiral of England Wales and Ireland Knight of the Garter Lord Lieutenant 1520. he came over the Wednesday before Whitsontide with an hundred of the Guards and a thousand others Horse and Foot by this the Cardinal obtained a double Advantage first In disappointing his Enemy the Earl of Kildare of the Government of Ireland and secondly In removing the Earl of Surry from the Court of England where he was a great Favourite On Whitsunday the Lord Lieutenant was alarum'd with a Report That Con Buckah O Neal who by Popular Election succeeded his Brother Art had invaded Meath with four thousand Horse and twelve thousand Foot says Paulus Jovius but falsly Surry was in haste to encounter the Rebel not doubting but that the Victory would be an honourable and happy Omen of his future Government and therefore adding to his small Army such of the Militia called The Risings out of City and Country as he could get on so short warning he marched to Slane but O Neal was frightned with the Name of this General and retir'd so fast that the Lord Lieutenant could neither find him nor his Army but not long after O Neal sent Letters to implore Pardon which was granted him on promise of future Obedience On the sixth of September the Lord Lieutenant wrote to the Cardinal That some Soldiers had seized on a Boat with design to be Pyrates but being prevented and apprehended they continued in Gaol because they could not be capitally punished by the Common Law and he had no Clause of Martial Law in his Commission as indeed he had not nor of conferring Knighthood which is strange and the better to ingratiate with the Cardinal he added That the Earl of Kildare will be found guilty of sending Letters to O Carol to raise a Rebellion and that if Kildare should be suffered to come to Ireland the whole Kingdom will be undone and he concludes That there is so great a Scarcity and Dearth in Ireland that the Soldier cannot live on four pence a day and therefore desires that a penny a day may be added to their Pay In October Lib. CCC the King wrote to the Lord Lieutenant That there will never be a thorough Reformation in Ireland until all
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
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
Gates and accordingly they did so and refused Entrance to this Regiment on the 7 th of December On the 9 th Collonel Philips put himself into Derry and on the 10 th was by the People chosen Governour thereof and on the 11 th the City sent away Councellor Cairns as their Agent into England But Alarms every day encreasing of the Irish designs to Massacre them the Country stocked into Derry and on the 15 th of December the Governor drew up a Declaration to which they all consented In the mean time Tyrconnel knowing the Lord Mountjoy's Interest in that Country sent him down to try if he could be admitted to Garison the Town and upon Capitulations and Articles concluded the 21 st of December he was permitted to put in five Companies of Protestants into the City under Collonel ●undy I should have mention'd that there was a currant Report spread abroad and generally believed That the Irish designed a Massacre on the 9 th of December this was the true reason of shutting Derry-gates and of making an Association in the Counties of Down and Antrim There were but two Regiments viz. the Lord of Antrim's and Sir Thomas Newcomen's in those two Counties so that it had been easy to have Surprized them and the design was laid to that purpose but some of the Conspirators were too Cautious and so it miscarried In the mean time the Lord Tyrconnel was openly raising some Men and secretly Listing more and having notice of his Master's Disaster in England resolved to do his Endeavour to preserve Ireland for him but he so cunningly dissembled his design that he perswaded the Lord Mountjoy to be Colleague to the Lord Chief Baron Rice in a pretended Embassy to King James to beg his leave to surrender the Kingdom since it was impossible to keep it And it is said he promis'd solemnly to the Lord Mountjoy that he would raise no more Forces nor innovate any thing in his Absence But Rice had other Instructions so that the Lord Mountjoy was not only treacherously secured in France and thrown into the Bastile but also his Friends were basely used in Ireland and the Lord Deputy as soon as the Lord Mountjoy was gone gave out Commissions to every Body that would undertake to Subsist their Men for three Months In the mean time the Irish in the Countries least inhabited by English and particularly in the West part of the County of Cork began immediately after Christmas to Rob and Plunder openly whereupon many then alive who remembred that the Irish began the Rellellion of 1641. in that manner were frightned themselves and alarm'd others so that they flock'd into the Walled Towns in Crowds nor did those that had the Courage to keep their Houses fare any better for the Irish being now grown Lawless set no Bounds to their Insolence but in great Numbers with a Piper before them Robbed the English of all their Stock at Noon-day and before their Faces it was to no purpose to complain for tho the Injur'd Party might get good Words 't is certain none of them got any Remedy and this was the Case and the English were generally plundered before they made the least Resistance in the Province of Munster But on the 25 th day of February The People of Bandon had notice that the Earl of Clancarty was marching with six Companies to reinforce the Troop of Horse and two Companies of Foot that were then in Garison there whereupon they took an immediate Resolution to Disarm the Garison which they bravely perform'd with the Slaughter of eight Irish-men and took all their Horses and Arms and would certainly have done great things suitable to their Ancient Reputation if they could have got Ammunition and other Necessaries and any reasonable Assistance but that very Night the Citizens of Cork were disarmed and the next day Castlemartyr was taken and so having no hopes of Succour they nevertheless generously refused to deliver up any of their Leaders and at last purchased their Pardon for 1000 l. And thus Matters stood when King James Landed at Kingsale on the 12 th of March from whence he marched to Dublin and immediately sent down his Army into the North where he met with little Obstruction until it came before Londonderry the Siege of which Place will in after Ages be more renowned than those of Ostend or Candy because all the necessaries for Defence were infinitely less and yet the Success was very much greater but it is altogether unnecessary to trouble you with the Relation of that Siege or the famous Actions of the brave Inniskilling Men because they are already Printed at large in the respective Narratives of those Matters to which I refer you and remain SIR Your Humble Servant H. R. Appendix I. AN EXTRACT OF A LETTER FROM THE City of Cork TO THE Lord-Deputy of Ireland ANNO 1603. THAT the Commissioners had by Directions charged them to suffer His Majesties Ministers to pass through their Ports with Eight and Forty Barrels of Powder and Lead and Match proportionable to be brought from His Majesties Store in that City to the Fort of Halebolyn and that in regard they wondered so great a Proportion should be carried to the Fort where no Artillery was yet planted especially the Quantities formerly issued being not yet spent nor any Service being in hand they fearing the Commssioners purposed to assault the Town or at least to starve them were enforced thereby to make stay of the said Munition till his Lordships Pleasure were further known renewing their Suit to have the Custody of the Fort committed to the Corporation That they did all they could to cause the mixed Mony of the new Standard to pass currant but it was with such Grief and Loss to the poor Town as they hoped his Lordship would be a means to his Majesty for altering the same That they had received Rebuke from his Lordship concerning certain Insolencies but could not call to mind any particular wherein they had offended the State except that be an Offence after many Abuses and Wrongs done them to keep Watch and Ward to preserve themselves and keep the City for the Kings Majesty in those doubtful times as they term'd them That touching the point of Religion they only exercised now publickly that which ever before they had ●●en suffered to exercise privately And as their Publick Prayers gave Publick Testimony of their Faithful Hearts to the King 's Royal Majesty so they were tyed to be no less careful to manifest their duties to Almighty God in which they would never be Dissembling Temporisers Appendix II. The Examination of Owen O Conally the Descoverer of the Irish Rebellion WHo being duly Sworn and Examined saith That he being at Monimore in the County of Londonderry on Tuesday last he received a Letter from Colonel Hugh Oge Mac Mahon desiring him to come to Connaught in the County of Monaghan and to be with him on Wednesday or Thursday last
them to secure the Peace of the Nation And sent them farther private Instructions by Robert Waspail who carried those Letters to whom he commanded them to give Credit And not long after the Lord Justice was removed and David Barry the worthy Ancestor of the Noble Family of Barrymore was made Lord Justice 1267. he so managed the Giraldines that he took from them the Castle of Sligo and all their Lands in Connaught and thereby put an End to those Wars and Differences that were between them and the Burks And in his Time the Friers Preachers were setled at Ross Kilkenny and Clonmel Sir Robert de Vfford was made Lord Justice of Ireland 1268. and began to build the Castle of Roscomon In his Time Cnoghor O Brian of Thomond was slain i.e. murdered by Dermònd mac Monard and Maurice Fitz-Girald not of Desmond as the Annals say but Son of Maurice Lord Justice anno 1272 was drowned between Ireland and Wales And about this Time came over a Writ from the King to levy Aurum Reginae for Elianor the Prince's Wife as was used in England which you may read at large 4 Inst 357. On which I will make but this one Remark That if the Sovereignty of Ireland were in the Prince how comes the King to send the Writ But it will evidently appear by the following Writ That the Prince had not the Sovereignty of that Kingdom CVm Rex per Cartam suam concessit Edvardo 52 Hen. 3. primogenito suo Terram suam Hiberniae cum pertinentiis Lib. GGG c. habendum sibi haeredibus suis Lambeth ita quod non separetur a Corona Angliae idem Edvardus sine Licentia Regis alienationes quorundam terrarum tenementorum spectantium ad Terram praedictam fecerit contra tenorem feofamenti Regis quod idem rex sustinere voluit ideo nunc dedit potestatem mandatum nepoti suo filio Regis Alemani the Son of Richard Earl of Cornwal King of the Romans revocandi omnia maneria terras tenementa quae dictus Edvardus filius Regis sic alienavit post feofamentum praedict c. Richard de Excester 1269. Lord Justice In whose time Othobon the Pope's Legate made excellent Constitutions at London He made a more firm Peace and Reconciliation between the Burks and Giraldines And not long after died and Sir James Audly 1270. or de Aldethel was made Lord Justice and had a very unfortunate Government of it for the Irish were every where troublesome Fragm M. S. Quasi omnes Hiberni guerraverunt omnes munitiones Fortifications in Ophaly praeter Castrum de Lega Ley destructi sunt Anglici inde expulsi magna strages utriusque nationis facta est in Connacia The Irish burn'd spoil'd destroyed and slew as well Magistrates as others and the King of Connaught in plain Field defeated Walter Burk Hanmer 202. Earl of Vlster and killed a great number of Nobles and Knights and particularly the Lords Richard and John Verdon and a great Famine and Pestilence the natural Consequences of War spread over all Ireland and sorely afflicted the whole Kingdom The Castles of Aldleck Roscomon and Scheligah perhaps Sligo were destroyed Nevertheless the Pope without Regard to these Universal Calamities required the Tiths of all Spiritual Promotions for three Years to maintain his Wars against a Christian King viz. of Arragon and tho' the People murmured and their Poverty and Misery pleaded loudly for them yet the rapacious Nuntio would not go empty away On the 23 of June 1272. the Lord Justice was killed by a fall from his Horse in Thomond and Maurice Fitz-Maurice Fitz-Girald was made Lord Justice 1272. and so continued till the sixteenth Day of November at which time the King died in Peace and full of Days in his Palace at London having reigned longer than any King since the Conquest viz. six and fifty Years c. THE REIGN OF EDWARD I. King of England c. And LORD of IRELAND EDWARD the First from the Talness of his Person Nicknamed Long-shanks succeeded his Deceased Father in all his Dominions on the 16th Day of November 1272 but he being at that time absent in the Holy Land the Nobility took care to keep all quiet until his Return and then on the 15th Day of August 1274. he was Crowned by Robert Archbishop of Canterbury Maurice Fitz-Maurice Fitz-Girald continued Lord Justice and to him Ware de pres 34. and to Hugh Bishop of Meath Lord Treasurer and to John de Sandford Escheator was a Writ sent December 7. 1272 Commissioning them to receive the Oaths of Fealty and Allegiance to the new King of all the Nobility Gentry and Commons of Ireland And the Lord Justice had another Writ of the same Date to proclaim the Kings Peace and to preserve it wherein 't is said That the King is willing and able by Gods Help to defend and do Justice to his People great and small And the Government of England being informed Prin. 256. That Avelina Countess of Vlster and Widow of Walter de Burgo had been endowed illegally both as to Quantity and Quality a Writ issued in the Kings Name to the Seneschal of Vlster to rectifie that Matter according to the Law and Usage of England In the mean time the Irish took advantage of the Kings absence from England and thought it an opportune Season to rebel 1273. they destroyed the Castle of Roscomon Aldleek Scheligath and Randon and found means to corrupt some of the Lord Justice Followers whereby he was betrayed into their hands in Ophaly and there taken and imprisoned whereupon Walter Genevil newly returned from the Holy Land was sent over Lord Justice Octob. 1273. to him a Writ was sent not to molest the Archbishop of Cashel for any Debts due from him to the King till his Majesties Return to England The Islanders and Red-shank Scots made a sudden incursion into Ireland and burnt several Towns and Villages killing Man 1274. Woman and Child most inhumanely and got away with vast Booty before the Country could get together or put themselves in a posture to prevent or resist this unexpected Torrent but not long after Richard de Burgo and Sir Eustace le Poer served them in their kind and entred the Islands and burnt their Cabbins and Cottages slew all they met with and smoakt out those that had hid themselves in Caves after the same manner that is used in smoaking a Fox out of his Earth Ros●omon-Castle was once again repaired 1275. or rather reedified and Mortagh a strong Tory being taken Prisoner by Sir Walter le Faunt was executed but the Lord Justice being recalled Sir Robert de Vfford was made Lord Justice 1276. in whose time Thomas de Clare Son of the Earl of Glocester came into Ireland and married Juliana Daughter of Maurice Fitz-Maurice Fitz-Girald though some say it was anno 1274. There is little
recorded of the Battel of Glandelory or Glinbury as to the Captains Numbers or other Circumstances save that the English suffered a great Defeat there and that William Fitz Roger Prior of the Kings Hospitallers and many others were taken Prisoners Hanmer 203. and a great number slain which ill Success was somewhat ballanced by a sore Battel which Ralph Peppard and O Hanlon gave to the great O Neal. Thomas de Clare and O Bryan Roe King of Thomond were likewise at odds 1277. and the Briton had tho' the better of it at first so that he took O Bryan and beheaded him yet afterward the Irish drove Thomas and his Father-in-Law into the Mountains of Slevebloom M. S. Fragment 2. and kept them there till for want of better Victuals they fed upon Horse-flesh and thereupon they yielded themselves Prisoners and to obtain their Liberty were forced to give Hostages that they would make satisfaction for O Bryan's Death and surrender the Castle of Roscomon And as if some malignant Star had influenced all the Inhabitants of Ireland to contention the Irish also quarrelled with one another and Mac Diarmund of Mylurg encounter'd the King of Connaught and slew him and two thousand of his Men. Wherefore the Lord Justice was sent for over to give account of this Bustle and why he permitted it as also to answer why he did not in person assist Thomas de Clare against the O Bryans To the first he answered that it was no damage to the King that one Rebel destroy'd another and to the second he gave such an Answer as was satisfactory Stephen de Fulborne 1279. Bishop of Waterford was left Lord Justice till his Return In his time were coyned in England several round Pieces of Money viz. the Penny the Half-penny and the Farthing which by Proclamation were made current in England and Ireland and yet the old Money was not cried down About this time the Irish Petitioned the King that they might have the Benefit of the Laws of England extended to them which produced the following Writ REX Archiepisc Prin 257. Abbatib Comitib Baronib Militib omnibus Anglicis de terra Hiberniae Salutem Ex parte Hibernicorum de terra praedicta nobis extitit humiliter supplicatum quod sibi de gratia nostra concedere dignaremur ut eisdem Legibus Consuetudinibus communibus uti gaudere possint in terra quibus Anglici ibidem utuntur gaudent secundum easdem Leges Consuetudines deduci valeant in futurum Nos autem quia hujusmodi concessionem absque Conscientia vestra eis ad praesens non duximus faciendam Vobis mandamus quod ad certos dies quos ad hoc provideritis viz. citra Festum Nativitatis Beatae Mariae Virginis in aliquibus locis oportunis conveniatis inde diligentem tractatum inter vos habeatis Vtrum sine prejudicio vestri Libertatum Consuetudinum vestrarum etiam sine damno vestro dictam concessionem facere possumus eisdem necne de omnibus aliis circumstantiis hujusmodi concessionem contingentibus de hoc quod inde feceritis nobis citra proximum Parliamentum nostrum quod erit apud Westminster à die Sancti Michaelis in unum Mensem sub Sigillo Justic nostri Hiberniae vel ejus locum tenentis Sigillo dilecti fidelis nostri Roberti Baggot distincte aperte una cum concilio vestro constare faciatis hoc propter absentiam quorundam de paribus vestris quos ibidem interesse non contigerit vel illorum qui sunt infra atatem in custodia nullatenus omittatis ut nos ex tunc habita super hoc deliberatione pleniori inde provideri faciamus quod nobis concilio nostro magis videbitur expedire c. It is certain the Answer to this Writ was in the Negative and I suppose the Reason was That since the Irish generally were not amensnable to the Law but still used and would use their own Brehon-Law and Tanistry it was not fit they should have a general Benefit of the Laws of England but rather that every Person Family or Sept who would give some Assurance or at least Promise of Allegiance and Submission to the English Laws should by Special Writ be admitted to the Benefit of them and therefore we find a Multitude of such Writs and Licences from this time forward and many of them are in this Form viz. Quod ipse liberi sui de corpore suo legitime procreati hanc habeant libertatem And sometimes it is to Them and Their Heirs and sometimes to Them and Their Heirs of such a Sirname But the most memorable Writ of this Sort is that which follows REx omnibus ad quos Prin 258. 6. Rich. 2. c. Salutem sciatis quod de assensu concilii nostri concessimus pro nobis haeredibus nostr ad supplicationem Cornelii de Clone de Hibernia dicto of Fynatha militis Hibernici pro suo bono gestu erga nos pro bono servitio quod nobis impendit tempore praeterito tam praedicto Cornelio qui est de Natione Hibernica quam omnibus aliis de praedicta Natione qui sunt erunt ad obedientiam nostram de sanguine ipsius Cornelii existunt gerunt illud cognomen de Fynatha quod ipsi tempore quo ipsi sic obedientes nobis vel haeredibus nostris existunt uti gaudere possint omnimodis haereditatibus beneficiis libertatibus in Terra nostra Hiberniae predicta prout ligei nostri Anglicani obedientes nostri ibidem gaudent utuntur aliquo statuto vel ordinatione in contrarium edito non obstante c. Robert de Vfsord 1280. Lord Justice returned from England and kept all things in such good Order that nothing is recorded of the two following Years but the unfortunate burning the City of Waterford But he being removed Stephen Fulborn 1282. Bishop of Waterford afterwards Archbishop of Tuam was Lord Justice it seems he had been also Lord Treasurer And then the Irish made great Stirs in Connaught Arlow and Vpper Ossory which cost many Lives but the Loss fell heaviest upon the principal Rebels Mortagh and Art mac Morough were slain by Penquir● at Arclow and Mac Gilpatrick also met with an untimely Death in Connaught And these Publick Contests were accompanied with Private Quarrels so that Adam Cusack slew William Barret and his Brethren about some Lands they contended for in Connaught It is to be remembred That the Oastmen or Easterlings had generally the benefit of the English Laws by Charters from King Henry to each City That of Waterford is to be seen in Sir John Davis his excellent Discourse pag. 94. And it was this Year confirmed by King Edward Great part of the City of Dublin was this Year burnt 1283. and the Steeple and Chapter-House of Christ Church did not escape the
the King appointed no small Provision was made for so eager a Combat as that was presupposed to have been But when the prefixed Day approached near Vescie turning his great Boast to small Roast began to cry Creak and secretly sailed into France King Edward thereof advertised bestowed Vescies Lordships of Kildare and Rathingan on the Baron of Ophaly saying That albeit Vescie conveyed his Person into France yet he left his Lands behind him in Ireland Mr. Pryn makes an Observation on this Case Pryn 259. as if an Appeal between Vescie and Fitz-Girald in Ireland had been adjourned to England But to make the Remark useful it is necessary not only to consider what he says but also to consult the Records which he cites William Hay 1294. Lord Deputy to whom a Writ was sent to admit Thomas Saintleger Bishop of Meath to be of the Privy Council And not long after John Fitz-Thomas return'd to Ireland big with Glory and Success which transported him to a Contempt of all his Opposers he began with Richard Burk Cambdens Ann. Earl of Vlster whom together with William Burk he took Prisoners in Meath by the assistance of John Delamere and confined them to the Castle of Ley. But he had not so good luck in Kildare which was made the Seat of the War so that between the English and Irish it was entirely wasted the Castle of Kildare was also taken and the Records of that County burnt by Calwagh Brother to the King of Ophaly And these Misfortunes were accompanied with great Dearth and Pestilence William Dodingzel Lord Justice found Work enough to struggle with these Difficulties and the rather because John fitz-Fitz-Thomas appeared again with a great Army in Meath But the Parliament soon after met at Kilkenny 1294. and obliged him to release the Earl of Vlster taking his two Sons Hostages for him And it seems that this did not satisfie the Complainants but that they impeached him at the Parliament in England Lib. GGG 23 E. 1. for divers Offences and Felonies done in Ireland Lambeth He protested he could clear himself by Law but because he would not Prin 259. cum ipso Domino Rege placitare he submits himself wholly to the King's Favour 1295. into which he was received upon Pledges for his future demeanour and 't is probable he was also obliged to release his Claim to the Castle of Sligo and other his Lands in Connaught which was the Occasion of all this Stir About Easter the King built the Castle of Beaumorris in Wales 1295. for the better security of a Passage to and from Ireland And about the same time Bishop Vsher's life 34. the King required Aid to marry his Sister to the Emperour and such as did contribute thereunto are mentioned in the Pipe-Rolls of the Exchequer In the mean time on the third Day of April the Lord Justice died and during the Interval of Government the Irish made use of the Opportunity and wasted great part of Leinster burnt Newcastle and many other Towns But at length the Council chose Thomas Fitz-Maurice Fitz-Girald Lord Justice he was nicknamed Nappagh Simiacus or the Ape because when his Father and Grand-Father were murdered Frier Russel M. S. at Calan the Servants on the news of it run out of the House as if distracted and left this Thomas in the Cradle whereupon an Ape which was kept in the House took up the Child and carried him to the top of the Castle of Traly and brought him down Safe and laid him in the Cradle to the admiration of all the Beholders This Lord Justice was Father of the first Earl of Desmond and was so great a Man that he is often styled Prince and Ruler of Munster But it seems he supplyed the Place of Lord Justice but a very short time for John Wogan 1295. Lord Justice arrived from England on the eighteenth of October He made a Truce for two Years between the Burks and the Giraldines and received a Writ to take the Fealty of the Abbot of Owny in the County of Limerick and having called a Parliament which it seems setled Matters to his Mind he went with a smart Party to aid the King in Scotland His Majesty nobly feasted them at Roxborough Castle and they in requital did the King very good Service But that you may see what sort of Parliaments were in Ireland in those Days I will present the Reader with a List of this Parliament Richard de Burgo Earl ofVlster Geofry de Genevil John Fitz-Thomas afterwards Earl of Kildare Thomas Fitz-Maurice Nappagh Theobald le Butler Theobald de Verdun Peter de Brimingham of Athenry Peter de Brimingham of Thetmoy Eustace de Poer John de Poer Hugh de Purcel John de Cogan John de Barry William de Barry Walter de Lacy. Richard de Excester John Pipard Water L'enfant Jordan de Exon. Adam de Stanton Symon de Phipo William Cadel John en Val. Morris de Carew George de la Roch. Maurice de Rochfort Maurice Fitz-Thomas of Kerry William de Ross 1296. Prior of Kilmainham was left Lord Deputy to Wogan but either the Irish did not fear him being a Clergyman or they thought this a time of Advantage whilst the Lord Justice and many of the Nobility and best Soldiers were in Scotland and therefore to improve it as they were used to do they rose in Rebellion in several Places Those of Slewmargy burnt Leighlin and other Towns 1297. But O Hanlon and Mac Mahon met with more Opposition in Vrgile for they were both slain John Wogan 1298. Lord Justice returned again from Scotland in October and throughly reconciled the Burks and the Giraldines and kept every thing so quiet that we hear of no Trouble in a great while except some Disturbance the Irish gave to the Lord Theobald de Verdun in attacking his Castle of Roch. Pollard Mony was now decryed both in England and Ireland 1300. and the King did again enter Scotland and sent to Ireland for Aid and wrote not only to the Lord Justice but also sent particular Letters to every one of the Nobility to attend him Whereupon the Lord Justice accompanied by John fitz-Fitz-Thomas Peirce Brimingham and many others made a second Expedition into Scotland with good Success In the mean time part of the City of Dublin and particularly S. Warberg's Church was burnt on S. Colme's Eve and the Irish were again at their usual Pranks taking Advantage of the Lord Justices absence who I suppose did again depute William de Ross and in Winter assaulted and burnt Wicklow and Rathdan 1301. but they were well paid for their pains and in Lent had been ruin'd but for the Dissention and Discord of the English and in the Harvest before some of the Irish also had their share of Civil Discord for they fell out amongst themselves so that the O Phelims and O Tools slew three hundred of the Birns
under the Notion of Thieves or Tories Neither was Munster free from the like Calamity for it felt the heavy hand of Walter le Poer who burnt and wasted great part of it Davis 93. Nevertheless the Justices in Eyre sate this Year at Tredagh And it seems that in those days as well Common Pleas as those of the Crown were tried before the chief Governor for I find this Entry 32 Ed. 1. A die S. Martini in quindecim dies de Commun Placit apud Dublin coram Johanne Wogan Justiciar Lib. G. Lambeth Hiberniae and sometimes they did it by Commissioners as 6 Ed. 2. Coram Waltero de Thornbury Cancellario Willielmo Alexander assignatis loco Edmondi le Butler Custode Terrae Hiberniae alibi in remotis agendis John Wogan Lord Justice 1302. being return'd call'd a Parliament the Effects whereof I find not but on the 17th of January issued a Commission to Richard Earl of Vlster the Lord Justice and Tho. Cantock Lord Chancellor to ask a Subsidy from the Clergy pro salvatione Coronae suae c. And the King wrote particular Letters to them but all to no purpose Nevertheless Pope Boniface would not be so served for he obtain'd or exacted from them a three years Disme to aid the Church against the King of Aragon The Lord Edmond Butler recovered the Mannor of Holywood in Fingal from the Archbishop of Dublin by Fine or Concord between them in the Kings Bench says Cambden and the same Archbishop took great pains to reconcile the two Churches of St. Patrick's and Christ-Church in Dublin Ware de Presul 110. and made Articles between them which were not observed in the mean time Says an 1300. Hugh de Lacy preyed the Estate of Hugh Verneil I suppose for some private Injuries Richard Burk 1303. Earl of Vlster accompanied with Eustace le Poer and a good Army went to aid the King in Scotland and the Earl made thirty three Knights in the Castle of Dublin before he set out and it is observable that in all Commissions and even in the Parliament-Rolls this Earl is always named before the Lord Justice This Year died Gerald 1304. eldest Son of the Lord John fitz-Fitz-Thomas as also the Countess of Vlster and William de Wellesby and Sir Robert Percival were slain in October also an Order issued to pardon Maurice de Carew Four hundred pound Arrearages he owed the King for his Lands in Desmond Lib. F. Lambeth because he was serving the King in Scotland and now again was a great part of Dublin accidentally burnt The next Year produced abundance of Villany 1305. for Jordan Comin with his Complices murdered Mortagh O Connor King of Ophaly and Calwagh his Brother and some others at Pirece Brimingham's House in Carbry in the County of Kildare and some Irish-men did the like by Sir Gilber Sutton Seneschal of Wexford at the House of Heymond le Grace and Heymond himself had much ado to escape and this year there was an Inquest of Trailbaston It seems the Mayor of Dublin had made some Complaints to the Irish Parliament against the Treasurer and Barons of the Exchequer 4 Inst 350. which was adjourned or transmitted to England and the Mayor was committed to the Tower and fined because he could not make out his Acusation The Year 1306. 1306. was not less bloody than the former for on the 13th of April the O Dempsyes made great Slaughter of the O Connors near Geashil in Ophaly and O Dempsy Captain of the Regans was there slain Soon after which O Bryan King of Thomond was murdered and Daniel Oge Mac Carthy did as much for his Father Donald Roe King of Desmond to which we may add that Pierce Brimingham was defeated in Meath May 12 and Ballymore was burnt by the Irish and Henry Celse was there kill'd Hereupon great Wars ensued and the English were summoned out of other Provinces to the Relief of Leinster they had a notable Battel at Clenfel where Sir Thomas Mandeville fought valiantly till his Horse was kill'd under him but what the Event of the Battel was is not recorded About this time Thomas Cantock Chancellor being consecrated Bishop of Emly made the greatest Feast for poor and rich that ever was seen in Ireland to that day This Year Murchod Ballagh was beheaded near to Merton 1307. by Sir David Canton or Condon who was afterwards hang'd for it in Dublin anno 1309. And on the first of May the Oscheles perhaps O Kellyes in Connaught routed and slew many Englishmen and the Tories of Ophaly razed the Castle of Geashil and on the 6th of July burnt the Town of Ley and besieged the Castle but at length they were dispersed by John Fitz-Thomas and his Son-in-Law Edmond le Butler In the mean time on the 7th of July this Noble and Victorious King died of a Dysentery at Barough upon the Sand in the five and thirthieth year of his Reign and of his Age the sixty eighth THE REIGN OF EDWARD II. King of England c. And LORD of IRELAND EDWARD the Second stiled of Carnarvan 1307. the Place of his Birth began his Reign on the seventh Day of July 1307. with great Applause both of Nobility and People but he soon disappointed their good Expectations and not only recalled Gaveston contrary to his Fathers Express and Last Commands but also gave him the thirty two thousand Pound which his Father had specially appointed for the Holy War Baker 109. moreover he went to Bulloign and married Isabel Daughter of Philip the Fair King of France on the twenty second Day of January 1307 without any Portion in Mony And on the twenty fourth Day of February both he and she were crowned at Westminster by Henry Bishop of Winchester with exceeding Pomp. As to the Affairs of Ireland they were little regarded at this time so that there were small or no Alterations in that Government and Sir John Wogan still continued Lord Justice and in Decem. received an Order to suppress the Knights Templars which was effectually executed here on the third Day of February as it had been in England the seventeenth Day of January before Cambden 165. so that the King got four hundred Pounds Worth of their Goods which it seems was a great Sum in those Days This Year proved very unfortunate as well by the Death of the famous Peter de Breminghan on the twelfth of April as by the Rebellious Disturbances of the Irish amongst whom William mac Balthar was most active for he and his Complices burnt the Castle of Kenun on the eleventh of May and slew most of the Ward they also burnt the Town of Courcowly and on the sixth of June discomfited the Lord Justice near Glandelory where John de S. Hogeline John Norton and John Breton were slain and being elevated with this Success on the sixteenth of June they burnt Tobir Danlavan and many other Villages But the Lord
to defend the Realm against the Scots was sent for to England and Sir Theobald de Verdon was made Lord Constable or Justice of Ireland Prin 259. 31 Dec. 1314. In whose time the King sent John de Hothum Clerk into Ireland to treat with the great Men there about the Kings Affairs and by him sent Writs in the Nature of Letters of Credence to Richard Earl of Vlster and all the rest of the Nobility by Name and a general Writ or Letter to the Lord Justice and the great Officers of State to the same effect Ibid. 260. and another Writ to assist him and to summon the Nobility to a general Meeting that Hothum might communicate the Kings Pleasure unto them He also sent Writs to the Lord Justice the Earl of Vlster and several other great Men to attend his Parliament in England and to appoint a sufficient Deputy or Keeper of Ireland till their Return Prin 261. And because the Words Vestrumque Concilium impensuri are omitted Mr. Prin observes rightly that these Irish Lords went as Commissioners or Agents from Ireland to inform the King and Parliament of the state of Affairs there and did not go to serve in Parliament as my Lord Cooke would have it 4 Inst 350. I do not find whether the Lord Justice went or not nor if he did what Deputy or Keeper of Ireland was appointed in his room but whoever had it did not keep the Office long for on the 27th of Febr. Sir Edmond Butler Frag. 5. 1315. Lord Justice returned and soon after viz. on the 25th of May 1315 Edward Bruce and six thousand Scots Landed near Carigfergus in Vlster with them joyned several of the Irish and together they marcht to Dundalk which they took and burnt on the 29th of June they also spoil'd Vrgile and drove most of the English out of Vlster To oppose them an Army was rais'd which rendezvouz'd at Dundalk July 22. But whether it were that the Scots were retired or that the English Commanders could not agree the Lord Justice return'd to Dublin and left the Earl of Vlster to pursue the Scots with whom that Earl had a Battel near Colrain Camb. 169. on the 10th of September and was defeated and many of the English slain and William Burk John Stanton and others were taken Prisoners This great Loss could not be recompensed with the slaughter of forty Scots which was performed by some English Mariners and therefore Bruce to follow his Blow caused his Army to besiege Carigfergus Septem 15. and sends his Brother William Bruce into Scotland for a Supply 1315. In the mean time the Irish every where insult over the unfortunate English and generally rebel throughout Vlster and Connaught they burnt Athloan October and Randan and Cathol Roe O Connor razed three Castles of the Earl of Vlster's in Connaught In November following the English under Roger Mortimer 1315. had another Battel with the Scots at Kenlis in Meath and were routed with great Slaughter by the Treachery of the Lacies Hereupon Bruce burnt Kenlis Granard Finagh and Newcastle and came to Loghsendy where he kept his Christmas and afterwards also burnt it thence he marched through the County of Kildare unto Rathingan Kildare Castle-Dermond Athy Raban and Sketheris where the Lord Justice accompanied by the Lord John fitz-Fitz-Thomas and many others encountred him on the 26th of January and was defeated by reason of some unhappy Fewds and Misunderstandings in the English Army Hereupon the Irish of Munster and Leinster rose in Rebellion and the Birns Tools and Moors burnt the Countrey from Arclow to Leix but the Lord Justice gave them a Rebuke and brought fourscore of their Heads to the Castle of Dublin Ireland being in so tottering a condition the King sent Sir John Hotham over again to take the Oaths and Hostages of the Nobility and Gentry that still remained loyal which was accordingly performed by the Lord John fitz-Fitz-Thomas afterwards Earl of Kildare Cambd. 171. Richard de Clare Maurice afterwards Earl of Desmond Thomas Fitz-John Poer Arnold le Poer Febr. 4. Maurice Rochford David and Miles de la Roch and many others 1315. And now both Armies were early abroad The Scots having burnt the Castle and Church of Ley did on the 14th of February rendezvouz at Geashil as the English did the same day at Kildare But the Scots for want of Provision were forced to return to Vlster nevertheless in their way they took Northburgh Castle and then sate down in their Quarters to that degree of quietness that Bruce kept Court and held Pleas there as if it were in times of the most profound Peace For the English Army had work enough nearer home and therefore the Lord Justice on the Scots retreat did likewise return to Dublin and there summoned a Parliament or general Assembly which reconciled some great Men then at odds cleared Walter Lacy of the Treachery imputed to him and established the Measures of carrying on the War And it was wisely done to begin with the Moroughs Tools and other Mountaineers of the County of Wicklow because they daily infested the City of Dublin and had destroyed both the Town and Country of Wicklow and because the Army was not strong enough to secure the City and at the same time to pursue the Scots 1316. the Success justified their Conduct for in April the Tories were defeated However the Scots were not so much neglected but that the Lord Thomas Mandevil was appointed to have an eye to them but he could but skirmish with them which he did valiantly Camb. 172. and kill'd Thirty Scots in one Encounter and was himself slain in another But Bruce came over with fresh Supplies from Scotland and so despised the small force of the English that in May he caused himself to be Crowned King at Dundalk 1316. and thereupon grew so insolent that he spared neither Churches nor Abbeys Women or Children found no Mercy at his hands but on the contrary he destroyed all that opposed him or that belonged to the English and he burnt great part of the Countrey as the Irish did the Church of Athird It was high time to encourage the English to their defence and the defence of the Kingdom and therefore as well to reward for Services past 1316. as to engage them for the time to come Selden 838. says Kildare's Patent is the ancientest Form of Creation he had seen the Lord Justice was made Earl of Carrick and John fitz-Fitz-Thomas was made Earl of Kildare May 14. 9 Ed. 2. and others received other Favours from the King The Burks and Geraldines were reconciled and every one in his station set himself manfully to the preservation of the Kingdom Richard de Clare and Bremingham had the better of the Irish in Connaught and slew many of them and about Whitsontide made a Sally into Munster and kill'd three hundred Irish there and the
Whitsontide Prin 263. that Earl first taking an Oath on the Sacrament neither by himself his Friends or Followers to grieve those of Dublin for his Apprehension To all these Misfortunes was added that of a prodigious Dearth Wheat was sold for three and twenty Shillings the Cronoge Lib. P. Lambeth Oats six Shillings and Wine eighteen pence a Quart and other things proportionably so that many died for want The Lord Justice 1317. about Whitsontide marched to Tredagh and thence to Trim and sent for the Lacies who not only refused to come but murdered the worthy Messenger Sir Hugh Crofts but the Lord Justice soon revenged that Affront for he wasted the Lands and seized on the Goods of the Lacies slew many of their Men and drove themselves into Connaught and proclaim'd them Traytors and so return'd to Dublin by the way of Tredagh The Lord Justice had now leisure to assail O Fervil Cambd. whom he soon forced to submit as did also soon after O Birne tho' not till there was ●irst a Battle between the Lord Justice and the Irish of Omayle wherein the Irish were worsted In October the Archbales or Aspoles submitted to the Earl of Kildare and gave Hostages of their good Behaviour and in February Sir Hugh Canon Chief Justice of the Court of Common Pleas was murdered by Andrew Brimingham between the Naas and Castlemartin The Pope by his Bulls commanded a two years Truce betwixt the English and Scots but Bruce whose Quarters probably were so destroyed that they could not afford him subsistance refused to consent thereunto For about this time the Irish of Vlster were reduced to so great want that they took dead Folk out of their Graves Cambden and boyl'd their Flesh in their Skulls so that by reason of Famine and Sickness there escaped but three hundred of ten thousand men which were in Arms which my Author says was a Judgment on them for eating Flesh in Lent and other Wickednesses Not were the Men of Connaught in a mnch better condition for there happened a Feud between two of the Irish Princes there which occasioned the Slaughter of four thousand of their Followers On Shrove-Sunday the Lord Justice kept a great Feast in the Castle of Dublin and dubbed John Mortimer and four others Knights After Easter the Lord Justice received Command to repair to the King but before he went he had the bad News that the Lord Richard de Clare Sir Henry Capel Sir Thomas de Naas 1318. and two of the Cantons and fourscore others were slain by O Bryan and Macarthy on the 5th of May. This Lord Justice caused John de Lacy to be press'd to Death at Trim because he would not plead to the Indictment against him and then a Month after Easter he went for England being a thousand pound in debt to the Citizens of Dublin and he left in his room William Fitz-John 1318. Archbishop of Cashel Governor of Ireland in whose time great Plenty was again in that Kingdom and which was very strange new Bread was to be had on St. James's Day which was made of New Wheat of the same years growth Alexander Bicknor who was confirm'd Archbishop of Dublin was also sent over Lord Justice He landed at Youghal the 7th of October and soon after Bruce with about three thousand Men came to the Fagher within two Miles of Dundalk The Lord John Brimingham whom the Justice made General with many brave Captains and one thousand three hundred and twenty four good Souldiers marcht from Dublin to encounter him Cambd. 178. and they managed the Conflict so valiantly that they slew Bruce and two thousand of his Men On Calix●us Day and the General carried his Head to the King and was therefore made Earl of Louth and had twenty pound per annum Selden Titles of Honour Creation-Money and the Mannor of Athird granted to him Et sic per dextram Dei manus communis Populi liberatur populus Dei à servitute machinata praecogitata Lib. rub Scac. Dub. and so ended the Scotch Government in Ireland It is observable that the Primate of Armagb was at this Battel and came purposely to absolve bless and encourage the Royalists and it ought not to be forgot that a valiant Captain John Maupas was so resolute to destroy the usurping Prince that he rushed into the Battel with that Design and was after the Fight found dead stretcht on the dead Body of Bruce Roger Mortimer 1319. Lord Justice return'd from England and about Allhallontide the Pope sent over Bulls to excommunicate Bruce at every Mass The Towns of Atheisel and Plebs were burnt by John Fitz-Thomas Nappagh and the Bridges of Leighlin and Kilcullen were in this or the following year built by Maurice Jake Cannon of Kildare but it was not long before the Lord Justice made another Voyage to England and left in his room Thomas Fitz-John Fitz-Girald 1320. Earl of Kildare in whose time Bicknor Archbishop of Dublin obtained Bulls from Pope John 22th to erect an University at Dublin and St. Patrick's Church was appointed to be the publick place of their Exercise and it is observable that the King granted to this Earl of Kildare Lib. GGG Quod possit recipere ad Legem Angliae omnes homines Hibernos Tenentes suos qui ad eandem venire voluerunt Nor must it be forgotten 1319. That Pope John the 22th did by his Bull 12 Ed. 2. acquit and discharge the Crown of England from the Tribute or Peter● pence Lib. ZZ Lameth claim'd by the Holy See out of the Kingdoms of England and Ireland On the Ninth Day of May 1321. the People of Leinster and Meath gave a great Overthrow to the O Connors at Balibogan Frag. 7. and the Earl of Carrick died about the same time at London and was buried at Gauran not far from Kilkenny and not long after John Bermingham 1321. Earl of Louth was made Lord Justice Rex concessit Johanni Comiti Louth Officium Justiciarii Regis Hibern cum Castris aliis Pertinentiis 14 Ed. 2 par 2. Pat. in Tur. Lond. durante beneplacito Percipiendum per annum ad Scaccarium Regis Dublin 500 Marcas pro quibus Officium illud Terram custodiet erit ipse unus de viginti hominibus ad Arma cum tot equis coopertis continue durante custodio supradict The King on the Third of April 1322. in the 15th Year of his Reign wrote to the Lord Justice to meet him at Carlisle in Octab. Trin. following with three hundred Men at Arms a thousand Hoblers and six thousand Footmen armed with a Keton Lib. Lambeth a Sallet and Gloves of Mayl to serve against the Scots besides three hundred Men at Arms which Richard de Burgo Earl of Vlster had for his own share undertaken to conduct and though the English suffered a Defeat by O Nolan so that
Elizabeth the Seventh Daughter of K. Edw. the First and was at the Parliament at Northampton Created Earl of Ormond And yet I have seen a Patent Dated 6 Edw. 3. Lib. G. Lambeth and exemplified 38 Edw. 3. Whereby James Butler is Created Earl of Ormond and Ten Pound per annum out of the Fee-Farm of Waterford granted to him for Creation-Money And now the Lord William Burk and Arnold Poer returned into Ireland and a Parliament was call'd at Dublin to compleat the Reconciliation between them on the one side and the Butlers Geraldines and Birminghams on the other which it seems was begun at the aforesaid Parliament at Northampton and now effected at this Parliament in Ireland Whereupon the Earl of Vlster made a great Feast in the Castle of Dublin and the next day after the Lord Maurice fitz-Fitz-Thomas did the like at St. Patricks-Church although it was in the time of Lent But a strange Accident fell out at this Parliament for the Lord Justice was forc'd to purge himself of Heresie Camb. 182. which the Bishop of Ossory laid to his Charge because he had abetted one Sir Arnold Poer whom the Bishop had condemned of certain Heretical Opinions But the Lord Justice made appear that the Bishops Proceedings were partial and unjust in favour of a Kinsman of the Bishops who began the Quarrel with Poer and that therefore he the Justice supported the Cause of the Oppressed and so after a very solemn Purgation the Lord Justice was acquitted and declared a true Son of the Church whereupon he made a great Feast for all Comers Nevertheless the unfortunate Poer who had been taken by the Kings Writ De Excommunicato capiendo grounded on the Bishops Certificate died in Prison before this Matter was fully adjusted and his Carcass was a long time kept above ground and unburied because he died unassoiled Sir John Darcy 1329. Lord Justice in whose time Macoghegan of Meath and other Irishmen of Leinster O Bryan of Thomond and his Confederates in Munster broke out into Rebellion and yet this common Calamity could not unite the English although their own Experience had taught them and frequent Instances have convinced the succeeding Ages since that the English never suffered any great Loss or Calamity in Ireland but by Civil Dissentions and Disagreement amongst themselves June 10. 1329. when the Earl of Louth and many other of the Birminghams Talbot of Malahide and an hundred and sixty Englishmen were murdered by the Treachery of their own Countreymen the Savages Davis 135. Gernons c. at Balibragan in Vrgile and when the Barryes and Roches in Munster did as much for James Fitz-Robert Keating the Lord Philip Hodnet Fragm 10. and Hugh Condon with an hundred and forty of their Followers what wonder is it if Macoghegan defeated the Lord Thomas Butler and others August 8. near Molingar to their loss of an hundred and forty of their Men Or if Sir Simon Genevil lost seventy six of his Soldiers in Carbry in the County of Kildare or if Brian O Bryan ravaged over all the Country and burnt the Towns of Athessel and Typerary However Holingsh 70. the Irish grew so Insolent and Outragious upon these small Victories that they shewed but little regard to God or Man In the Church of Freinston they found about fourscore People at their Devotions Cambden ad annum it seems the miserable Wretches well acquainted with the cruelty of these ungovernable Soldiers did not expect to escape their Fury 1331. and therefore made it their only Petition to save the Life of the Priest Lib. P. Lamb. but these Ruffians were deaf to all Supplications for Mercy the Priest was the first Man they wounded and after they had spurned the Host with their Feet they compleated their Sacrilege by burning the Church Priest People and all Nor did they regard the Ecclesiastical Censures nor the Pope's Interdict which afterwards issued against them on the contrary in all their Actions they manifested an entire contempt both of Ethicks and Christianity so that one would think the Poet prophesied of these Men when he said Nulla fides pietasve viris qui castra sequuntur But Pride will have a fall and Providence will certainly triumph over the Wickedness of Men in a proper Season and commonly Methods unexpected whereof this unruly Multitude is one Instance For the Men of Wexford by their imminent Ruine rendred desperat entertain'd a Skirmish with this formidable Rabble Cambd. 185. and had the good Luck to kill four hundred of them and the rest surprized with a pannick Fear on this unexpected Defeat ran away in such a confused and hudling manner that most of them were drowned in the River Slane and have left a just Occasion for this true Remark That huffing and insolent Men are always Cowards and if this be true any where in the World it is true in Ireland Camb. 183. Sir Philip Stanton had the ill Luck to be slain by the Irish and Sir Henry Traherne by the Means of Onolan was surprized in his own House at Kilbeg But in Revenge of it the Earl of Ormond burnt Foghird in Onolan's Country and the Lord Justice prosecuted the O Birnes so effectually that after the Slaughter of some of the best of them they were forced to submit But the Lord Justice finding himself too weak to deal with such a vast number of Rebels as were now in Arms in all parts of the Kingdom he invited Maurice afterwards Earl of Desmond to take the Field and promised him the King's Pay January 1329 Maurice came accordingly with a very considerable Army Fragment 9. and advanced against the Onolans he routed them and burnt their Country so that they were forced to submit and give Hostages He did the like to the O Morroughs and took the Castle of Ley from the O Demps●es But the Lord Justice was not abl● to pay so great an Army being near ten thousand Men 〈◊〉 therefore he was fain to connive at their extorting Coyn an● Livery which now was first practised by the English But the Irish had used that barbarous Oppression long before and perhaps from the beginning as appears by the fourth Constitution of the Synod of Cashel Ante pag. 23. I have seen the Copy of a Patent Lib. CCC dated March 1. 3. Edw. 3. Lambeth constituting the Earl of Ormond Lord Lieutenant of Ireland but I find nothing more of it any where else But the same Year Typerary was made a Palatinate The Irish had again petitioned the King for a general Liberty to use the English Laws Davis 103. whereupon the King sent a Writ to the Lord Justice 22 Aug. to consult the Parliament in Ireland 2 Edw. 3. and to advise him of their Opinions in that Matter And by another Writ of the same Date the King orders the Justice and the Chancellor to supervise the Exchequer twice every
three Estates were assembled and this sort of Parliament is intended in the Submission of Mac. Mahon 25. Hen. 6. whereby he promiseth that in time of Arch-Parliaments he will carry nothing away out of the English Pale contrary to the Statutes Thus the Annals of Ross mention Quod Magnum Parliamentum tenetur apud Dublin 1333. And Mr. Cambden ad annum 1341 calls it Commune Parliamentum But after all there were but very few Cities or Corporations that were concerned in or summoned to an Irish Parliament until of later Days The Earl of Desmond did indeed associate with the Deputies of many Towns in his Assembly at Kilkenny but that was to strengthen his Party and to enlarge his Confederacy so that whoever will look for an Irish Parliament consisting of Lords Spiritual and Temporal Knights Citizens and Burgesses summoned by the King 's Writ on forty Days Notice and sitting in several Houses as the Custom is now must search the Parliament Rolls to satisfie himself which was the first Parliament of that sort in Ireland for he will not in any History find a sufficient Information in that Particular as I suppose But let us return to the Lord Justice 1345. who summoned a Parliament to meet at Dublin the seventh of June but the Earl of Desmond still refused to come thither and had appointed another Assembly at Calan at which Place several great Men had promised to come Fryar Clun ad annum 1344. but they were prohibited by the King 's Writ and therefore excused themselves to the Earl But the Lord Justice to abate the Insolence of the Earl of Desmond advanced the King's Standard into M●nster he seized on the Earls Lands and gave them in custodiam to those that would take them He also by Stratagem took the Castles of Iniskilly and Island in October following and he hanged three Knights that commanded them viz. Poer Grant and Cotterel Ware antiq 69. Quia multas graves extraneas intolerabiles leges exercuissent tenuissent invenissent viz. Coyn and Livery c. It is probable that Desmond was so mortified with this Usage that he surrendred himself to the Lord Justice and was let to bail on the Recognizance of the Earls of Vlster and Ormond Lib. P. and twenty four Knights but finding the Severity of this Governor he thought it dangerous to appear according to the Condition of the Recognisance and therefore it was estreated into the Exchequer and though the Noblemen and some of the Knights made a shift to get rid of this matter yet eighteen of the Knights lost their Estates and were utterly ruined thereby This Lord Justice did also use means to apprehend the Earl of Kildare which at last he effected and kept him in Prison where he continued till the twenty sixth of May 1346. and then he was discharged by the new Justice on the Recognisance of twenty four Lords and Gentlemen About this time viz. 18 Edw. 3. Seals were made for the Courts of King's Bench and Common Pleas in Ireland And the King pardoned the Archbishop of Dublin late Treasurer of Ireland for sundry false Writs and Acquittances which he had put into his Treasurers Account in deceipt of the King But on Palm-Sunday being the ninth Day of April this severe Governor submitted to his Destiny 1346. to the great Joy of the generality of the People And it is observeable That his Lady who was received like an Empress and lived like a Queen was fain to steal away through a Postern-Gate of the Castle to shun the Curses of her Enemies and the Clamour of her Creditors Sir Roger Darcy was immediately appointed Lord Justice ex assensu ordinatione Regalium aliorum in Hibernia and sworn the 10th of April but he continued only till the 25●h of May and then surrendred to Sir John Morris Lord Justice who met the bad News that in April before the O Mores had burnt the Castles of Ley and Kilmehide He released the Earl of Kildare out of Prison as aforesaid but continued not long in his Government so that there is little mention of what was done in his time saving that in June the Irish of Vlster slew three hundred of the English of Vrgile and immediately thereupon Sir Walter Birmingham 1346. Lord Justice landed in Ireland and was sworn the 19th of June he procured leave for the Earl of Desmond to manage his Cause in England where that Earl was kindly received and allowed by the King twenty Shillings per diem from the day he landed for his Expences his Estate being I suppose in Custodiam he was diligent in his business and followed the Law hard says my Author for satisfaction for the wrongs done him by Vfford The Lord Justice and the Earl of Kildare in November pursued the O Mores so effectually that they forced them to submit and give Hostages and thereupon the Earl of Kildare obliged by the kindness shewed to his Cozen Desmond in England went in May to serve the King at Calice 1347. where he was Knighted by the King for his good Service and the Lord Justice return'd to England leaving John Archer Prior of Kilmainham Lord Deputy in whose time Donald Oge mac Morrough call'd Prince of Leinster was murdered by his own Followers on the 5th of June and the Town of Nenagh was burnt by the Irish on St. Stephens Day Sir Walter Birmingham 1348. Lord Justice came again from England having first obtain'd for himself the Barony of Kenlis in Ossory which formerly belonged to Sir Eustace Poer one of the Knights taken by Vfford in the Earl of Desmonds Castle of Island and there executed It was about this time Cottons Rec. 66. viz. 21 Edw. 3. that the Commons in the English Parliament did petition the King that Enquiry might be made by good men why he taketh no Profit of what he hath in Ireland seeing he hath more there than any of his Ancestors had And if default be found in the Officers that then such others be put into their places as will answer the King of the reasonable Profit thereof and the King was pleased it should be so They also desire that the Estate of the Earl of Vlster which if the Kings Daughter-in-Law the Duchess of Clarence should die without issue might descend to Co-parceners some of which are the Kings Enemies might be setled otherwise And it seems that by the good usage Desmond and Kildare found in England and France and the daily expectation to have the resumed Lands and Jurisdictions restored which was done anno 1352. the Kingdom was so quiet that we find little or nothing recorded of these times except the alteration of the Governors viz. that The Lord Carew 1349. Lord Justice succeeded Birmingham and that Sir Thomas Rokeby 1349. Lord Justice came over the 20th of December and afterward he returned to England and left Maurice de Rochford 1351. Bishop of Limerick Lord
Deputy who held that Place and discharg'd it worthily until Sir Thomas Rokeby 1353. Lord Justice returned he brought with him ten men at Arms and twenty Archers which were allowed him by the King over and above the ordinary Retinue of twenty Men. About this time lived Sir Robert Savage a very considerable Gentleman in Vlster who began to fortifie his dwelling House with strong Walls and Bulwarks but his Son derided the Fathers Providence and Caution affirming that a Castle of Bones was better than a Castle of Stones and thereupon the old Gentleman put a stop to his Building It hapned that this brave Man with his Neighbors and Followers were to set out against a numerous Rabble of Irish that had made Incursions into their Territories And he gave Orders to provide plenty of good Cheer against his return but one of the Company reprov'd him for doing so alledging that he could not tell but the Enemy might eat what he should provide to whom the valiant old Gentleman replied That he hoped better from their Courage Camb. 193. but that if it should happen that his very Enemies should come to his House he should be asham'd if they should find it void of good Cheer The Event was suitable to the Bravery of the Undertaking Old Savage had the killing of three thousand of the Irish near Antrim and return'd joyfully home to Supper But let us return to the Lord Justice of whom it is recorded that he us'd to say That he would rather eat his Meat in wooden Dishes and pay Gold and Silver for it than to eat in Golden Dishes and make wooden Payment However on the 20th day of July 1355. he did resign to Maurice Fitz-Girald 1355. Earl of Desmond Lord Justice he obtained so much favour in England Lib. M. that he had this Office granted to him for Life which expired the 25th day of January he was so just a man that he spared not his very Relations when they were criminal And about this time the Barons of the Exchequer were reduced to Three Lib. CCC 10. 29 Ed. 3. and John de Pembrook Chancellor of the Exchequer was made the third Baron Sir Thomas Rokeby 1356. Lord Justice returned again to Ireland and held a Parliament at Kilkenny at which many good Laws were enacted In his time a Memorable Writ was sent to the Lord Justice and Chancellor reciting That whereas the Subject found great difficulty to get Restitution according to Law of such Lands as were at any time seized into the Kings Hands Prin. 286. 29 Ed. 3. And whereas they refused in Parliaments here to take cognizance of erronious Proceedings in the Kings Courts but put the Subject to the trouble and charge of prosecuting a Writ of Error in England the King orders amendment and Reformation in both those Cases And not long after this worthy Lord Justice died at the Castle of Kilkea and was succeeded by Almaricus de Sancto Amando 1337. Lord Justice in whose time a great Controversie happened between the Archbishop of Armagh and the Regulars but at length by the favour of the Pope the Friers got the better of the Bishop To this Lord Justice the King sent a Writ or Commission Prin 294. authorizing him with the Advice of the Chancellor and Treasurer to give a special Pardon to as many English or Irish as he shall think fit for all Crimes except Treason Moreover for the better instruction of the People and because of the Non-residence of their Pastors Ibid. the King by his Sovereign Ecclesiastical Jurisdiction Authoriz'd and Licenc'd the Archbishop of Dublin to constitute perpetual Vicars in all Benefices and Prebendaries belonging to his Archbishoprick and of the Kings Patronage with certain proportions of greater and lesser Tithes and other Profits to those who should reside upon them But which was more than all this the King by advice of his Council made most excellent Ordinances in England for the better Government of the Church and State of Ireland and the maintenance of the good Laws and Statutes of England there established they are to be found at large in Prins Animadversions on the 4th Instit pag. 287. and therefore are omitted here being very long though also very good only this must be observed that the Clause formerly quoted ad annum 1344 out of the 4th Instit is by my Lord Cooke mistaken both as to Time and Form as to the Time it was not 17 Edw. 3. as he says but it was 31 Edw. 3. And as to the Form it is thus VOlumus praecipimus quod Nostra ipsius terrae Negoti●a praesertim majora ardua in Conciliis per peritos Conciliarios nostros ac Praelatos Magnates quosdam de discretioribus probioribus hominibus de partibus vicinis ubi ipsa Concilia teneri contigerit propter hoc evocandos In Parliamentis vero per ipsos Conciliarios nostros ac Praelatos Proceres aliosque de Terra praedict prout Mos exigit secundum Justitiam Legem Consuetudinem Rationem tractentur c. But to return James 1359. Earl of Ormond Lord Justice was commonly stiled The Noble Earl because he was of the Royal Blood being great Grand-son to King Edward the first In his time 34 Edw. 3. the King ordered Proclamation to be made in Ireland That no Meer Irishman should be Mayor Bayliff or Officer of any Town within the English Dominion i.e. the Pale nor be advanced to any Ecclesias●●cal Benefice or Promotion 35 Edw. 3. but the next Year the King by his Writ explains the former Proclamation Pryn 296. and orders that it shall not extend to any Irish Clerks who have done him Service or are Loyal to him But it seems that the Lord Justice was sent for into England and until his Return Maurice Fitz-Girald March 30. Earl of Kildare was constituted Lord Justice 1360. by Patent under the Great Seal of Ireland he was to have the usual Sallary of five hundred pound per annum maintaining thereout Ninteen Horsemen besides himself but he did not continue long in this Station before James Earl of Ormond March 15. Lord Justice return'd and the King intending to send his Son to Ireland 1357. with a good Force summoned the Duchess of Norfolk and all other Noble and Gentle Men and Women that held Lands in Ireland to appear in Person or by Proxy 4 Instit. Pryn 296. before him and his Council to advise concerning the Defence of Ireland and to repair to that Kingdom in Person with all the Forces they could raise by a certain Day or to send their sufficient Deputies to assist the Kings Son in Defence of the Country And the same Day issued a Writ or Proclamation prohibiting the transporting of any Corn or Victuals out of Ireland on pain of Forfeiture and another Proclamation or Writ to seize all the Lands or Tenements purchased
England and Gerard Fitz Maurice Earl of Desmond was made Lord Justice 1367. he procured a Parly between the Birminghams and some Commissioners he sent but they treacherously seized on Thomas Burly Prior of Kilmaynam and Chancellor the Sheriff of Meath 1368. and Sir Robert Tyrrel c. whereupon James Birmingham who was a Prisoner in Irons at Trim was exchanged for the Chancellor and the others were fain to pay their Ransoms 1369. But on the twelfth of July came over Sir William de Winsor Lord Lieuten who called a Parliament at Kilkenny which gave three thousand Pound Subsidy And soon after another at Ballydoil which gave two thousand Pound Subsidy Pryn 304. towards the Maintenance of the King's Wars Both which Sums were for some time forborn by the King's Order Prin 300 301 but were afterwards levied and paid to the Lord Lieutenant And the King would also have had a Law made against Absentees and sent Orders to that Purpose but it seems that he did not prevail in that Matter This Lord Lieutenant vigorously prosecuted the War against the O Tools and the Rebels of Leinster but was interrupted by a fatal Accident for on the sixth of July near the Monastery of Mayo in the Country of Limerick O Connor and O Bryan got the better of the English and slew the Earl of Desmond and took John Fitz Nicholas Lord of Kerry and the Lord Thomas Fitz-John and many others Prisoners Whereupon the Lord Lieutenant was obliged to march to the Defence of Munster where he behaved himself so well that John Macnamarra a great Man in Thomond was forced to submit Lib. D. and give Hostages for Performance of Covenants one of which was To keep the Peace especially towards the Bishops of Limerick and Killalow Another was Not to annoy the City or Castle of Limerick nor hinder that City in their Fishing or in cutting down Woods in Thomond to build or repair their Houses And a third was That he should restore the Books Ornaments and Chalices he had taken from the Church of Limerick From whence may be observed That Sacriledge was well known and practised in Ireland before the Reformation But to proceed The Lord Lieutenant was sent for to England and therefore on the twenty first of March he deputed Maurice 1371. Earl of Kildare Custos of Ireland and he was sworn the next Day and continued in that Office until Sir Robert de Ashton 1372. Lord Justice arrived In his time there were great Fewds between O Farrel and the English of Meath so that many were killed on each Side and particularly Hussy 1373. Baron of Galtrim the Sheriff of Meath and William Dalton were in May slain by the Irish in Kinaleagh And whereas the Court of Exchequer had issued Process to levy Escuage as well for the Lands seised by the Rebels as for those which the English kept in Possession the King on the twenty second of May sent a Writ to the Exchequer to order that Matter according to Reason and Equity And whereas he was informed That Customs and Impositions were laid upon them which the major Part of the Parliament had not consented to he sent the Lord Justice a strange sort of Writ Pryn 303. which shall therefore be recited REX dilecto s●ideli suo Roberto de Ashton Justic suo Hibern Salutem Ex gravi conquestione ligeorum nostrorum Terrae nostrae Hibern accepimus quod cum Willielmus de Winsore nuper locum nostrum tenens in Terra praedicta ad primum Parliamentum post adventum suum in Hibern tent apud Dublin diversa Custumas onera quae antea aliquo tempore concessa non fuerunt ab ipsis Ligeis nostris peti●isse viz. de quolibet lasto halecis tres solidos de qualibet centena grossi piscis duodecem denarios de qualibet Centena minoris piscis sex denarios de quolibet dolio Salmonis quatuor solidos de qualibet pipa Salmonis duos solidos de quolibet dolio Vini sex solidos octo denar de qualibet pipa vini tres solidos quatuor denar de qualibet libra ●arnium boum porcorum ovium sex denarios de qualibet weia frumenti sex solidos octo denarios de qualibet weia Brasei fabarum pisar hordei siliginis hastinel quinque solidos de qualibet weia salis sex solidos octo denaer de qualibet libra pellium equorum cervorum Aphrorum pillfell pannor laniar lineorum fuldingoram aliarum merchandizarum sex denarios licet Praelati Magnates alii ligei nostri pro majori parte in dicto Parliamento nostro existentes concessioni levationi solutioni custum onerum praedictorum expresse contradixerunt quidam Praelati de concilio assensu praefat Willielmi existentes aliae singulares personae pro minori parte ejus●em Parliamenti in quadam camera congregati custumam onera superdicta absque assensu majoris partis dicti Paliamenti per tres annos tantum non ultra concesserunt praefatus tamen Willielmus alii de concilio suo in rotulis Canc. nos●ri ejusdem irrotulari registrari fecerunt quod dicta custumae onera per omnes in dicto Parliamento presentes perpetuis temporibus percipienda concessa fuerunt in ipsorum ligeorum nostrorum Terrae nostrae praedictae destructionem depa●perationem manifestam unde nobis supplicarunt sibi per nos de remedio provideri nos nolentes ipsos ligeos nostros injuste onerari vobis mandamus quod premissa omnia eorum singula eisdem modo forma quibus gesta acta fuerunt in proximo Parliamento nostro in Terra praedicta tenendo coram Praelatis Magnatibus Communitate dicti Parliamenti recitari declarari si per expositionnem examinationem eorundem vobis constare poterit premissa veritatem continere tunc irrotulamentum ac record concessionis custumae onerum praedict de assenfu dicti Parliamenti sine dilatione cancellari damnari levationi exactioni custumae onerum praedict ratione concessionis antedict post dictum trientum faciend supersederi faciatis omnino Teste Rege apud Westm 28. die Maii. And now happened the famous Case of Sir Richard Pembridge who was the King's Servant and Warden of the Cinque Ports 2. Inst 47. and being ordered to go over Lord Deputy to Ireland he refused and it was adjudged he might because it was but an honourable Exile and no man can by Law be compelled Perdere Patriam except in the case of Abjuration for Felony or by Act of Parliament And therefore another was sent viz. Sir William Windsor 1374. Lord Lieutenant who arived at Waterford on the eighteenth Day of April 1374. and was sworn at Kilkenny the fourth of May He undertook the Custody or Government of Ireland for eleven thousand two hundred and thirteen
Pretence was Ridiculous because there were others of the same Lineage before him in the Pedigree and it was notorious That the Right of Succession was in Ann Daughter of Roger Mortimer Earl of March Son of Philippa Daughter of Lionel Duke of Clarence third Son of King Edward III. and accordingly her Grand-son afterwards possest the Kingdoms by the Name of Edward IV. And also finding that it was more vain to claim by Conquest when there was no fighting he was at last forced to rely on the Consent and Election of the People which was the Title his Embassadors insisted upon in the Courts of Foreign Princes Thus was the Foundation laid of those tedious and bloody Wars that afterwards ensued between the Houses of York and Lancaster commonly distinguished by the Appellations of the Red-Rose and the White that being the cognizance of the House of Lancaster and this the Badge of the Family of York This King was crowned on the thirteenth Day of October anno Dom. 1399. 1399. and Ireland was committed to the Care of Sir John Stanly 1399. Lord Lieutenant who came over thither Cotton's Records 390. on the tenth Day of December In his time the King obtained a Subsidy in England for three Years to provide for the Affairs of Ireland c. And about Whitsontide the Constable of Dublin-Castle and others near Strangford in Vlster encountred the Scots at Sea 1400. but with very ill Success for many Englishmen were there slain and drowned About this time the Town of Kilkenny was walled by Robert Talbot 1401. And about May the Lord Lieutenant repaired to England leaving his Brother Sir William Stanly Lord Deputy who on the twenty third Day of August surrendred unto Stephen Scroop Lord Deputy to the King's Son Thomas Duke of Lancaster who it seems came over only to provide and prepare for the Reception of Thomas Duke of Lancaster Seneschal of England and Lord Lieutenant of Ireland who landed on S. Bines-Day And on the fifth of July John Drake Mayor of Dublin with a Band of Citizens encountred and defeated four thousand Irish Outlaws near Bray in the Borders of Wicklow and slew four hundred ninety three of their best Men. This Lord Lieutenant held a Parliament in Dublin 1402. in September during which Sir Bartholomew Verdon James White Christopher White and Stephen Gernon slew John Dowdal Sheriff of Louth in Vrgile and committed sundry other Felonies and Robberies for which they were Outlawed and their Estates disposed of by Custodiam Cotton's Records 431. but afterwards the King pardoned them their Lives and restored them their Estates during their respective Lives only In October Daniel O Birne Lib. D. for him and his Sept or Nation submitted to the Lord Lieutenant and promised Allegiance and good Behaviour and to manifest his Sincerity he granted to the King the Castle of Mackenigan with the Apurtenances And on the thirteenth of December the Lord Lieutenant by Indenture set the Ferny in the County of Louth except the King's Castle to Aghy mac Mahon for Life Davis 48 at the Rent of ten Pound per Annum and Mac Mahon covenanted to be a good Subject And in February following O Reyly covenanted with the Lord Lieutenant and also swore to perform to the King during the minority of Mortimer all the Covenants he was obliged to perform to Roger Mortimer Earl of March and Vlster In May Sir Walter Betterly Steward of Vlster 1403. and thirty English were all slain And on the eleventh of November following the Duke returned to England and left Sir Stephen Scroop Lord Deputy 1404. who on the twenty sixth Day of October resigned to James Earl of Ormond 1405. Lord Justice who in April 1405 held a Parliament at Dublin and there the Statutes of Dublin and Kilkenny were confirmed as also the Charter of Ireland And this good Act was followed by good Success for in May two Scotch Barks were taken near Greencastle and another near Dalkye with their Captain Macgolagh Moreover the Merchants of Droghedae made Incursion into Scotland and brought thence both Pledges and Preys And the Dublinians also entred Scotland at S. Ninian and behaved themselves valiantly They also did the Welsh much harm and brought from thence the Shrine of S. Cubins which they placed in Christ-Church Dublin However the Irish burnt Oghgard and on the sixth of September the Lord Justice died at Gauran and was succeeded by Girald Earl of Kildare 1406. who probably was chosen Lord Justice by the Council In his time the Dublinians and their Neighbours on Corpus Christi-Day vanquished the Irish Enemies and took three Ensigns and brought to Dublin the Heads of those they had slain And the Prior of Conal had as good Success in the Plains of Kildare for with twenty Englishmen he defeated two hundred Irish and killed many of them But after Michaelmas came over Sir Stephen Scroop Lord Deputy He held a Parliament at Dublin in January which in the Lent after ended at Trim And about the latter end of February Meyler Birmingham slew Cathol O Connor About May the Lord Deputy 1407. accompanied with the Earls of Ormond and Desmond the Prior of Kilmainham and other Captains and Gentlemen of Meath set out from Dublin and invaded the Territory of Mac Morough at first the Irish had the better but at length the Constancy and Resolution of the English prevailed and O Nolan and his Son and others were taken Prisoners and after this was done they marched speedily to Calan in the County of Kikenny upon some Intelligence they had of the Rebels being thereabout and they so surprized them that the whole Party was routed and O Carol and eight hundred Men slain upon the Place But in June the Lord Deputy went to England and the Nobility and Council elected James Earl of Ormond Lord Justice In whose time a barbarous Tory called Mac Gilmore who is reported to have destroyed forty Churches and was never Christened had taken Prisoner Patrick Savage a Gentleman of great Esteem in Vlster they agreed upon his Ransome to be two thousand Marks and his Brother Richard was to become Hostage for it But this Subtle Barbarian managed the matter so that he received the Ransome according to Agreement and afterwards he murdered both the Brethren This Lord Justice held a Parliament at Dublin 1408. which confirmed the Statutes of Dublin and Kilkenny and also the Statute against Purveyors And on the second of August Thomas Duke of Lancaster came over Lord Lieutenant It seems that the Terms on which he undertook the Government were these First Lib. G. He was to hold the Place for seven Years Secondly He was to have five hundred Men at Arms and one thousand Archers for three Years Thirdly To have a Years Pay in Hand and afterwards to be paid every half Year Fourthly One thousand Marks per annum for himself and to be paid the Charge of Transportation
to the Lord Justice 1422. whose Servants were on the Seventh of May attacked and defeated by the Irish Purcel Grant and five and twenty English more were slain and ten taken Prisoners and two hundred escaped to the Abby of Leix and to revenge this the Lord Justice invaded O Mores Country and defeated his terrible Army in the red Bog of Asby he relieved his own Men and burnt and preyed the Rebels Lands for four days until themselves came and sued for Peace And it seems O Dempsy notwithstanding his Oath of Obedience invaded the Pale and took the Castle of Ley from the Earl of Kildare which the Lord Justice had justly restored to the Earl whereupon Campion makes a severe Remark on the Irish That notwithstanding their Oaths and their Pledges they are no longer true than they feel themselves the weaker In the mean time Mac Mahon play'd the Devil in Vrgile and burnt and spoil'd all before him Camp 97. but the Lord Justice also revenged that Prank and forced Mac Mahon to submit and many other Noble Exploits did this good Governor for whose Success the Clergy of Dublin went twice every week in solemn Procession praying for his Victory over those disordered Persons which now in every Quarter of Ireland had apostatiz'd to their old Trade of Life and repined at the English And when I have mentioned a Deed made 9 Hen. 5. which is to be found Lib. GGG 24. at Lambeth whereby this Earl of Ormond constituted James Fitz-Girald Earl of Desmond his Seneschal of the Baronies or Signiories of Imokilly Inchicoin and the Town of Youghal during his Life I have no more to add but that this Victorious King after he had conquered France submitted to the common Fate on the last Day of August 1422 in the Flower of his Age and the Tenth Year of his Reign THE REIGN OF HENRY VI. King of England c. And LORD of IRELAND HENRY the Sixth was but nine Months old at the Death of his Illustrious Father 1422. and therefore the deceased King had by his last Will appointed John Duke of Bedford to be Regent of France Humphry Duke of Glocester to be Governour of England and Thomas Duke of Excester and Henry Bishop of Winchester to be Guardians of the Young King's Person All which was duly observed and the Infant King was proclaimed in Paris and the Nobility that were there swore Allegiance to him James Earl of Ormond continued Lord Lieutenant of Ireland and upon a Petition preferred by the House of Commons to the King about the manifold Murders Robberies Rapes Riots and other Misdemeanours committed by the Irish in England Lib. M. it was enacted there That all Persons born in Ireland should quit England within a time limited except Graduates in either University Clergymen beneficed those that have Land in England or are married there or those whose Parents are English and even such are to give Security of their good Behaviour And not long after came over Edmond Mortimer 1422. Earl of March and Vlster Lord Lieutenant He died afterwards of the Plague at the Castle of Trym which was his own Inheritance And in his stead came John Lord Talbot 1425. Lord Justice In whose time the Barretts a Family of good account near Cork did by Indenture covenant to be obedient to the Earl of Desmond who was exceeding Powerful and lorded it over great part of Munster with a high Hand This Governour resigned to James Earl of Ormond 1426. Lord Justice In whose time John Duke of Bedford 4 Instit 360. Regent of France obtained a Patent for all the Mines of Gold and Silver within England Ireland c. rendring to the Church the tenth Part to the King the fifteenth Part and to the Owner of the Soil the twentieth part And then Sir John de Gray 1427. Lord Lieutenant landed at Ho●th the thirty first of July and was sworn the next Day but no mention is made of any thing he did but that he went for England and left Edward Dantzy Bishop of Meath 1428. his Deputy He was for a time Treasurer of Ireland and dyed the fourth of January 1428. Upon Notice whereof Sir John Sutton Lord Dudly was sent over Lord Lieutenant He held a Parliament in Dublin Friday next after the Feast of All Saints 1429. at which it was enacted That the Sheriff upon Pain of Amercement should add to the Panel of Jurors the Place Estate and Mistery of every Juror And in the Preamble to this Act the Lord Lieutenant is Styled The Right Noble and Right Gracious Lord. And on the sixth of the same November the King was crowned at Westminster And soon after the Lord Lieutenant returned and left Sir Thomas Strange 1429. Lord Deputy in whose time the King was crowned at Paris 1431. and took the Oaths and Homage of the Nobility and People there And now happened the famous Case of the Prior of Lanthony which was That a Judgment in the Common Pleas being removed to the Irish Parliament was affirmed there Whereupon a Writ of Error was sent from England but the King's Bench in England would not take cognizance of a Judgment in the Parliament of Ireland to reverse it And therefore the Prior petitions the King That the Record may be transmitted to the House of Lords in England to be examined there Sir Thomas Stanly was made Lord Lieutenant of Ireland 1432. and it seems that he called a Parliament which enacted two Statutes that were afterwards repealed by 11 Jac. 1 cap. 5. And then he went to England leaving Sir Christopher Plunket Lord Deputy 1432. he was afterwards Baron of Killine in Right of his Wife Heir of the Cusacks and his second Son became Baron of Dunsany But Sir Thomas Stanly 1435. Lord Lieutenant returned and gave a Check to the Irish who were insolent beyond Measure and incroaching everywhere on the Pale making the best Advantage of the King's Minority and the Absence of the Military Men in France but the Lord Lieutenant with the Power of Meath and Vriel took Moyle O Donel Prisoner and slew a great many of the Irish And afterwards about Michaelmas he went again to England and left Richard Talbot Archbishop of Dublin 1436. Brother to the Earl of Shrewsbury Lord Deputy he was sometime Lord Chancellor of Ireland and was elected Primate of Armagh but he refused to change his Bishoprick Lion Lord Wells 1438. Lord Lieutenant in whose time a second Law was made in England Lib. M. obliging the Irishmen to return into their Native Country And another Statute was made in Ireland to stop the Passage of any more into England And on the twelfth of June 17 Hen. 6. Robert Fitz-Geofry Cogan granted all his Lands in Ireland being half the Kingdom of Cork to James Earl of Desmond and gave a Letter of Attorney to put him in Possession of Kyrrygrohanmore Lib. G. Downdrinane
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 ●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
the Irish are amesnable to Law and have the Benefit of it and not long after a Commission of Martial Law and of conferring Knighthood was sent to the Lord Lieutenant and he was ordered to Knight O Neal and other Irish Potentates and the King sent a Collar of Gold to O Neal and ordered the Lord Lieutenant to prevail with them if possible to visit the King and Court of England in hopes to inure him to Civility and a regular way of Living and the same Letter orders Surry to propose a Match between the Earl of Ormond's Son and Sir Thomas Bullen's Daughter In the mean time the Earl of Kildare was set at liberty on Bail his Adversaries not being able to prove any thing to the purpose against him and soon after he was received into Favour and attended the King into France and was present at the Interview of both Kings near Calice Maurice Fitz-Thomas of Lackagh was basely murdered by the O Moors in Leix and Maurice Earl of Desmond being dead his Son and Successor James soon after met the Lieutenant at Waterford where the Earls of Ormond and Desmond by his means were reconciled and mutually perfected Indentures of Agreement and gave Hostages for the performance of them The Earl of Surry was brisk upon the Birns 1521. and in October drove them from place to place into their Fastnesses and lurking holes which gave Quiet to the rest of the Pale and it had need of it for by the wetness of the Harvest Corn became very scarce This Lieutenant was resolved to make the Army serviceable and as an instance of his Discipline he disbanded Sir John Bulmer's Troop for their Inexperience or Cowardize Surry calls a Parliament which met at Dublin the fourth of June and Enacted many good Laws viz. 1. That wilful Burning of Houses or Reeks of Corn be Treason 2. That the Transporter of Wool or Flocks shall forfeit double Value 3. Because there are but few Free-holders in the four Shires where the King's Law is used therefore he that has ten Marks per annum may be Juror in Attaint This Parliament ended after several Prorogations the twenty first of May 1522 and not in March as it is in Sir James Ware 's Annals 102. Whilst Surry was at Dinner in the Castle of Dublin News was brought him that the O Mores who had confederated with the O Conners O Carol and other Irish against the English which they counted the common Enemy were on the Borders of the Pale wherefore as well to repel them as to revenge the aforesaid Murder of Maurice Fitz-Thomas the Lord Lieutenant accompanied with the Mayor of Dublin and a choice Band of Citizens and several of the Nobility and their Attendants invaded Leix which is a Country full of Woods and Bogs The Irish divided their Forces into several Parties and having Intelligence that the Carriages and Baggage of the Army was slenderly guarded they took their opportunity to attack that part and did it so briskly that several of the Lord Lieutenant's Soldiers fled but the Valour of Patrick Fitz-Simons is recorded by the Historian to have preserved that necessary Concern of the Army and to have cut off and brought to the Mayor's Tent two of the Rebels Heads Nor perhaps had so small a thing been known to the Lord Lieutenant or recorded in History but by the means of Fitz-Simons's his Enemies for the cowardly Soldiers that fled laid the blame on Fitz-Simons who to justifie himself produced the two Heads and retorted the Crime of Cowardise upon his Accusers and so obtained both Reward and Honour by a great but frequent Providence of Divine Justice that turns even the Malice of our Enemies to our Advantage It must be observed That in these Irish Wars it was harder to find the Enemy than conquer them O More 's Army that was just now in a Body formidable to the Pale is now divided into small Parties and those sculking in thick Woods and deep Bogs Whilst the Lord Lieutenant marched through these Wildernesses a Rebel that lay in Ambush on the side of a Wood shot at him and struck the Vizor off his Helmet but did not hurt him Much ado they had to find the stubborn Tory but at last they got him and Fitz-Williams and Bedlow were forced to hew him to piecs for he would not yield This Accident manifested the Danger of the March and turned their Arms into Offaly where they besieged Monaster-pheoris but after a Day or two the Garrison frightned with the great Guns ran a way by Night So Surry left a Garrison there and burnt the Country till the twenty third of July But O Conner had not only removed the Corn and Cattle beforehand to deprive the English of Sustenance and Prey but very wisely invaded Meath hoping by that Diversion to preserve his Country But whether Surry's Expedition and Intelligence occasioned it or that the Rebels designed to fight him it matters not since it is certain that they met Ware 's Annals 104. and that whatever they resolved or bragged of beforehand when it came to the Tryal their Hearts failed them and Surry got a Victory almost without Blow and made great Slaughter in the Pursuit his only Loss being the valiant Lord of Dunsany who probably was too eager in the the Chase of the Rebels O Carol pretended that the Earl of Kildare had instigated him to this Rebellion However as Surry phrases it in his Letter to the King he made Peace with the King and his Lieutenant and gave his Son and Brother Hostages for the performance of it In the mean time Cardinal Wolsy who was Legate de latere in England sent over Bulls and Dispensations into Ireland by his Factor and Register John Allen Lib. CCC but it seems they did not turn to account for Allen in his Letter to the Cardinal complains they went off but slowly because the Irish had so little sense of Religion that they married within the Levitical Degrees without Dispensations and also because they questioned his Grace's Authority in Ireland especially out of the Pale O Donel was lately returned from Rome and by Letters and Messages promised great Matters as well from his own People as the Scottish Islanders if he might be received into Favour Ibid. wherewith the Lord Lieutenant was so wheedled that he not only granted his Pardon but highly commended his Loyalty in a Letter to the King And in confidence of O Donel's Integrity the Lord Lieutenant accompanied by O Neal and four hundred Horse four hundred Gallowglasses and eight hundred Kerne undertook an Expedition into Ma● Mlaghlins Country but O Donel most perfidiously took the Opportunity of O Neal's Absence to invade him and Mac Genis and burnt seventeen Villages in their Countries and took considerable Preys whereupon O Neal was forced to return and Surry's Expedition was Fruitless This Lord Lieutenant wrote a notable Letter to the King on the thirtieth of June Lib.
those in Authority there was so great scarcity of Victuals that a halfpeny Loaf was worth a Shilling And within four or five days the strong Castle of Carrigonel was lost by treachery but it was presently retaken with the Slaughter of sixty Rebels however the Wants of the Army occasioned a Mutiny so that the Soldiers refused to march for want of Pay and the Garrison of Loghguir deserted and a thousand other Inconveniences hapned On the twenty third of April 1537. the Lord Deputy began his Expedition into Offaly against O Connor to revenge the Insolencies of the last year but he was hindred by the abundance of Rain that fell at that time from doing the Execution he design'd Ware 147. so that he was fain to end this Quarrel by a dishonourable sort of Arbitration for although the Damages which O Connor had done were estimated at five thousand Marks yet the Lord Deputy compounded for eight hundred Beeves or six shillings and eight pence apiece in lieu of them but not long after he attack'd the Cavenaghs and O Carol with better Success and forced them to submit and give Hostages It seems that the Lord Deputy had new Instructions to oblige all the Irish by Indenture to own the King's Supremacy and to renounce the Popes Usurpations and to contribute something towards the support of the Government and to send a Quota of Men to every Hosting and to effect this the Lord Deputy marched to Offaly the seventeenth of June and on the eighteenth encamped in O Mulmoyes Country and took the Castle of Eglis on the nineteenth he took Bi r and Modrimye in O Carols Country on the twenty fourth O Kenedy submitted to him in Ormond and the twenty fifth Mac Brian Arra likewise submitted On the twenty sixth the Lord Deputy came to Abby Owny where O Mulrian Vlick Burk of Clanrickard and Tybot Burk Mac William made their Submissions and so on the twenty eighth he came to Limerick where the Mayor and Aldermen took the Oath of Supremacy and swore to renounce the Bishop of Rome's usurped Authority and the Bishop of Limerick did the like without scruple or hesitation and Order was left for the Clergy and Commonalty of that City to follow that Example and that Certificates of their performance be returned into Chancery And it is observable that here one of the O Bryans made Peace for a year and promised to do Service against his Brother Mortagh On the fourth of July the Army came to Bryans-Bridge and had a Skirmish with the Rebels without any Loss and on the sixth demolished the Castles and Bridge and on the eighth the Lord Deputy marched into Thomond and took the Castles of Clare and Ballycolome and on the ninth he came into Clanrickard and took the Castle of Ballyclare and delivered it to Vlick Burk and on the eleventh he came to Galway where the Corporation treated the Lord Deputy and all the English Soldiers gratis for seven days and Vlick Burk did the like to the Irish and the Mayor and Aldermen followed the example of Limerick and took the Oath of the King's Supremacy and renounced the Pope's usurped Authority And here O Flaherty O Maddin and Mac Yoris made their Submissions On the twenty first the Lord Deputy removed to O Kelly's Country where O Connor Mac Henry submitted and thence he went to Mac Coughlan's Country where he took a Castle because Mac Coughlan had not kept his Word with him and so on the twenty fifth he returned to Minooth And it is to be noted That all those that submitted were bound by Indenture as well as Oath to own the King's Supremacy and to renounce the Popes Usurpations but when the King had an Account of what was done be answered by his Letter to the Lord Deputy That their Oaths Submissions and Indentures were not worth a Farthing since they did not give Hostages and so it afterward proved The Earl of Desmond mollified by the Misfortunes of the last Year Ware 147. and fearing the Power of the Lord Deputy who was in the Field with his Army as I have already related sent Letters to the Deputy with Offers of Submission upon Terms but the Expostulations about it were so tedious that the Army for want of Provisions was forced to return however Commissioners were employed to continue the Treaty and conclude an Agreement if they could and in order to it they went to Clonmel but the Earl of Desmond refused to come into a walled Town insisting upon a Fantastical Priviledge which he claimed and thereupon the Commissioners forgetting the Dignity of their Character and the Royal Person they represented dishonourably condescended to go to Desmond's Camp and there they took his Oath of Fidelity and received his Bastard Son Thomas Roe as a Hostage for his performanoe But now the Jealousies between the Lord Deputy and the Earl of Ossory broke out into open Hostility and the Deputy was so extravagantly transported that he sent part of the Army to spoil the Territories of the Butlers he also quarrelled with Archbishop Brown and Allen Master of the Rolls and although Lib. D. by the King's Order their Complaints were heard before the Council of Ireland and the new Commissioners hereafter named and a Reconciliation made between them at least in appearance yet some of them stuck so close to him that at length they procured his Ruine But it should have been remembred that on the first of May Fylemy Roe submitted and on the twelfth of May Cavenagh alias Mac Murrough did the like but O Neal was so far from it that despising the Agreement he had not long before made with the Lord Deputy he undertook to reduce Arglass and in order to it sent an Army under his Son to attack that Town and Castle but assoon as he understood the Lord Deputy was ready to take the Field he immediately proposed a Treaty and on the fifteenth of June he made an Agreement with the Lord Chancellor the Bishop of Meath and Chief Justice Ailmer Commissioners appointed for that purpose and he swore to fight for the King contra omnes homines Mundi Ibid. and not long after died Sir Hugh O Donel Lord of Tyrconnel and was succeeded by his Son Manus who was according to Custom inaugurated on the Rock near Kilmacronan Church But in September there came over four Commissioners viz. Sir Anthony Saintleger Sir George Pawlet Sir Thomas Moyle and Sir William Barnes their business was to enquire into the Abettors of the late Rebellion and afterwards to give a General Pardon And though they were very moderate yet it fell heavy on many of the Pale who were compelled to joyn with the Rebels they had also Authority to assist the Lord Deputy and Council in setling the Revenue and to set the Crown Lands for one and twenty Years for a yearly Rent It was to these Commissioners that Bernard Fitz Patrick made his Submission October 8. and they
they procur'd as good a Bed-fellow for the Ambassador though she was of meaner Quality this Liquorish Harlot unfortunately met with a small Bottle of choice Balm valued at two thousand Crowns which was given to the Bishop by Solyman the Magnificent when he was Ambassador in Turky she was invited by its Odour to try its Relish and it seems liked it so well that she licked it all out whereat the Bishop grew so outragious and loud that he discovered his Debauchery frightned the Woman away and made sport for the Irishmen and his own Servants After this the Bishop met with O Neal and the Titular Primate Robert Wachop in a secret place and heard the Over●ures of them and their Confederates and it is not to be doubted but they came to an Agreement because the Bishop soon after went to Rome but being unable to separate the Pope from the Interests of the Emperor this Negotiation had no effect In the mean time two of the Cavenaghs viz. Cahir Mac Art of Polmonty and Girald Mac Cahir of Garochil had fierce Contests about their Territory at length it came to a Battel as it were by consent and about an hundred on each side were slain but Cahir Mac Art had the better of it and finally obtain'd that Signiory But the Exchequer being empty the Lord Deputy designed to levy a Tax upon the People but the Earl of Ormond would by no means suffer that 〈…〉 whereupon the difference grew so high between him and the Lord Deputy that at last it came to mutual Impeachments whereupon both of them were sent for to England and by the King's Mediation were reconciled whilst the ambodexter Allen was imprison'd in the Fleet and deprived of the Great Seal and Sir Thomas Cusack was made Lord Keeper and not long after viz. about the twenty eighth day of October the Earl of Ormond and thirty five of his Servants were poyson'd at a Feast at Ely-House in Holborn so that he and sixteen of them died but whether this hapned by Accident or Mistake or were done designedly could not be discovered Sir William Brabazon was sworn Lord Justice on the first of April 1546. although his Patent bore Date the sixteenth of February Ware 174. In his time hapned a strange and unnatural Action for Bryan Lord of Upper Ossory sent his own Son Teige Prisoner to Dublin where he was executed and in July Patrick O More and Bryan O Connor with joint Forces invaded the County of Kildare and burnt Athy but the Lord Justice immediately pursued them and leaving a Garrison at Athy he marched into Offaly and made a Fort at Dingen now Philipstown and forced O Connor to fly into Connaught But the Necessities of the State obliged the King to Coyn Brass or mixt Moneys and to make it currant in Ireland by Proclamation to the great dissatisfaction of all the People especially the Soldiers and about the same time Edward Basnet Dean of St. Patrick's in Dublin and the Chapter after some Reluctancy surrendred their Possessions to the King Three Things are observable in the Letters during this King's Reign 1. None of them do mention either the Year of our Lord or the Year of the King's Reign though all of them do take notice of the Day of the Month whereby this Part of the History was so perplex'd and confus'd that I will not promise that I have always guess'd the time aright though I have used my utmost diligence and endeavours to do so 2. All the Letters of this Reign conclude thus So knoweth God to whom we pray for your Graccs Prosperity or to that effect but these Words So knoweth God are always in although in the subsequent Words there is some Variation according to the Fancy of the Writer 3. Most of the Letters from the great Irish Lords even some of English Extraction are subscribed with a Mark very few of thembeing able to write their Names Sir Anthony Saintleger Lord Deputy returned on the sixteenth day of December with Sir Richard Read who was made Lord Chancellor in the room of Cusack and Cusack was made Master of the Rolls And thus stood the Government of Ireland during the Reign of King Henry the Eighth who Died on the twenty eighth day of January in the thirty eighth Year of his Reign and of his Age the fifty sixth THE REIGN OF EDWARD VI. KING OF England France AND IRELAND EDWARD 1546. the Sixth of that Name since the Norman Conquest was born at Hampton Court on the twelfth Day of October 1537. and succeeded his Father in the tenth Year of his Age on the twenty eighth Day of January 1546. and on the first of February Edward Seymour who was the King's Unkle by the Mother was made Protector of the King and Kingdoms and was afterwards created Duke of Somerset and on the twentieth Day of February the King was crowned at Westminster with great Solemnity Sir Anthony Saintleger continued in the Government of Ireland Ware 177. at first by the name of Lord Justice and afterwards by the Title of Lord Deputy and he proclaimed the new King on the twenty sixth Day of February 1547. and not long after Sir Richard Read was made first Lord Keeper and afterwards Lord Chancellor and the Earl of Desmond was constituted Lord Treasurer of Ireland on the twenty ninth Day of March and on the seventh Day of April the Privy Council was sworn viz. Sir Richard Read Chancellor George Archbishop of Dublin Edward Bishop of Meath Sir William Brabazon Vice-Treasurer Sir Girald Ailmer Lord Chief Justice of the King's Bench Sir Thomas Luttrel Lord Chief Justice of the Common Pleas James Bath Esq Lord chief Baron of the Exchequer Sir Thomas Cusack Master of the Rolls and Thomas Houth Esq one of the Judges of the King's Bench to whom afterwards others were added But the O Birnes took advantage of the Change of the Government and hoping that the Infancy of the King would occasion Disturbances in the State they began to be very unruly and troublesome insomuch that the Lord Deputy was necessitated to invade their Country he pursued them so close that he slew their Captain and drove themselves into the Woods and Fastnesses He also took two of the Fitz-Giralds who had formerly been Proscribed and now joyned with O Toole and he brought them and other Prisoners to Dublin where they were executed Nor were Patrick O More and Brian O Connor less forward than the rest but briskly invaded the County of Kildare and loaded themselves with Prey and Plunder but the Lord Deputy came seasonably to intercept them and having killed two hundred of the Rebels upon the Place the rest of them with their light-footed Captains fairly ran away But the Government of England wisely considering the fickle Inclinations of the Irish and the danger of a general Defection of that Nation from a Protestant King seasonably provided for that Kingdom so that Edward Bellingham with the
Title of Captain General brought over six hundred Horse and four hundred Foot whose Pay came to twelve hundred and twenty six Pound per Month viz seven hundred and seventy Pound for the Horse and four hundred fifty six Pound for the Foot and about Midsummer they landed at Waterford and being joyned by the Lord Deputy they invaded the Countries of Leix and Offaly and proclaimed O More and O Connor Traytors and having dispersed the Forces of the Rebels the Lord Deputy repaired the Fort of Dingen and built the Fort of Campaum alias Prolector now called Maryburgh whereupon O More and O connor were forced to submit and Bellingham was knighted and made Marshal of Ireland The Castle of Athloan was likewise repaired and garrisoned by Special Orders from England and the Vice-Treasurer Brabazon had the Care and management thereof and performed it effectually in spight of the great Opposition he met with from Dominick O Kelly and other Great Men of Connaught And this auspicious Year did also produce the mighty Victory which the English obtained over the Scots at Mussleburgh But as the Reformation proceeded in England 1538. so the Popish Zeal and Superstition increased in Ireland Ware 180. and the Pale it self began to be disturbed with it for Richard Fitz-Eustace and Alexander his Brother Sons of the Viscount Baltinglass were busie forming a Rebellion in the County of Kildare but the Presence of the Lord Deputy without Blows brought them to a Submissiom and stifled this Infant Conspiracy in the Cradle and it was well it did for this rebellious Distemper was very infectious and in a little time would have spread over the whole Kingdom the Lord of Baltinglass himself was a little tainted with it but by the means of Sir Edward Bellingham when Lord Deputy the Viscount was pardoned In the mean time the Lord Deputy Saintleger was sent for to England and carried with him O More and O Connor as Prisoners but upon their Submission they were received into Favour and honoured with a Pension of one hundred Pound per annum out of the Exchequer during their Lives which O More enjoyed not very long for he died within the Year suddainly at London Sir Edward Bellingham who had been sent into England with an Account of the Submission of the County of Kildare was now sent back Lord Deputy he landed at Dalkye on Whitson-Eve and two Days after he received the Sword at Christ-Church according to Custom He was a Zealous Protestant and a brave Soldier and by his means Sir John Allen was again made Lord Chancellor As soon as he was setled Davis 62. he marched into Leix and Offaly against Cahir O Connor and others that were brewing new Treasons there and forced them to submit and brought the Country to that degree of Subjection that he is said to be the first Man since Edward the third's time that enlarged the English Borders beyond the Pale and from Offaly the Lord Deputy marched to Delvin against Mac Coughlan whose Country he totally destroyed The Lord Deputy had express Orders to set up a Mint at Dublin which he did but it continued but a very little time for want of Bullion And this Year on the twenty second Day of April the City of Dublin which at first was governed by a Provost and by King Henry the Third subjected to a Mayor and Bayliffs and by Henry the Fourth was honoured with a Sword obtained their Bayliffs to be changed into Sheriffs and John Rians and Robert Eyons were the first two Sheriffs that were chosen or appointed for that City In the mean time Sir Francis Bryan who had married the Countess Dowager of Ormond and was made Marshal of Ireland and Governour of the Counties of Typerary and Kilkenny could by no means agree with the Lord Deputy their Differences grew at length to that height that Sir Francis impeached the Lord Deputy in England and prevailed to have him sent for to answer the Accusation But whilst that affair was transacting Ware 182. Teige O Carol plyed his own Business diligently and after a stout Defence he took and demolished the strong Castle of Nenagh and drove the English out of that Country In Vlster Manus O Donel quarrelled with his Son Calvagh and at length it came to Blows so that on the seventh Day of February Calvagh was routed and Manus Mac Donough O Cahan and many of his Followers were slain In the Lower Delvin Teige Mac Mlaghlin and Edmond Fahy with their united Forces did all the Mischief they could and almost totally destroyed that part of Mac Coughlans Country Nevertheless the Lord Deputy sent an Irish Brigade under the command of Donough O Conner accompanied with the Sons of Cahir O Connor to aid the King in his War against Scotland On the eighteenth of November Cormock Roe O Connor who was proclaimed Traytor came to Dublin and with Tears in his Eyes begged Pardon of the Lord Deputy and Council in Christ-Church and had it But being of a turbulent Spirit he soon after relapsed into Rebellion and being taken by the Earl of Clanrickard he was sent to Dublin and hanged so true is that Observation of Caesar Williamsons Nec gentem ullam reperies Cui peccare slere magis naturale est It is worthy Observation Holingsh 109. That though the Earl of Desmond for his Quality and vast Estate was made Lord High Treasurer yet he was not of the Privy Council nor indeed qualified to be so for he was Rude and Savage both in Apparel and Behaviour he had neither Learning nor Manners but lived after a barbarous fashion in the Country among the Wild-Irish and perhaps had not so much as a Glass-Window to his Houses and yet he was the best landed Subject in the King's Dominions About Christmas the Deputy sent for him to Dublin but he refusing the Lord Deputy himself with about twenty Horse made that haste to Munster that he took the Earl sitting by the Fire in his own House not at all suspecting that Expedition And it was well for him that he was so surprized for he was not only brought to Dublin and instructed in his Duty to his Prince and in good Manners and Civility towards his Fellow-Subjects but was also by the Lord Deputy's means pardoned and restored to the King's Favour so that he continued a good Subject ever afterwards during his Life and was so grateful to his Benefactor the Lord Deputy that he would pray for him constantly after every Meal And now it happened that the Earl of Tyrone Macguire Fylemy Roe O Neal 1549. and others referr'd all their Differences to the Lord Deputy and Council who on the twentieth day of June made their Decree wisely ordering Independency on O Neal. Therere are Copies of all these Decrees at Lambeth Lib. D. And they are to the same effect as that of Macguire's viz. Quod erit liber Ware 184. exemptus ab omni subjectione
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
this Journey the Deputy received the Submissions of some of the Irish and drove others of them into Fastnesses About this time the Name of the King at Arms who was formerly called Ireland was changed to that of Vlster and Nicholas Narbon Richmond Herald in England was the first King at Arms by the Name of Vlster Ware 192. and upon his Death Bartholomew Butler succeeded him June 21. anno 1552. But upon the Lord Deputy's Return to Dublin Matthew Baron of Dungannon complained to him against his Father the Earl of Tyrone whereupon that Earl was imprisoned which enraged his other Sons to that degree that they burnt and destroyed that part of the Country which belonged to Matthew On the other side the Baron being assisted by the English resolved to revenge that Injury and at length it came to a Battel which was doubtful for some time but ended in the Defeat of Matthew and the Slaughter of two hundred of his Soldiers English and Irish Nevertheless the Earl of Tyrone remain'd confin'd to stay within the Pale until at the end of three Months he gave Hostages in February and returned to Vlster And about the same time O Connor made his escape out of the Tower of London but was retaken and again imprisoned but Mac Coghlan being weary of wandring in the Woods made his Submission and was restored to his Territory of Delvin And the Publick Records were removed from Birmingham's Tower to S. Patrick's Library in Dublin The Year 1552 1552. was propitious to the Noble Family of the Giraldines for Girald Son of the last Earl of Kildare whose miraculous Preservation hath been already mention'd was now received into Favour and on the twenty fifth of April was restored to Minooth and good part of his Estate and about two years after in the Reign of Queen Mary viz. on the thirteenth of May 1554. he was Created Earl of Kildare Lib. G. and Baron of Ophaly at Westminster But Donough Earl of Thomond who had that Title confirmed to him and his Heirs Males in January last had great Contests with his Unkle Daniel who claimed the Estate by Tanistry but at length by the Mediation of the Lord Deputy they came to an Agreement which is mentioned in an Indenture Tripartite between the Deputy the Earl and Daniel O Bryan Dated May 9 1552. In the mean time Sir Nicholas Bagnal was sent against Hugh Mac Morough and they came to a Battel which was so well fought on both sides that the Loss as well as the Victory is uncertain But the Garrison of Athloan had better Success at Cluan macnoise where they robbed or destroyed all they met with not sparing even the Church-Books The Lord Depury marched to Vlster and repaired and garrison'd the Castle of Belfast but it seems he brought but a small Army in expectation that the Baron of Dungannon would joyn him with his Forces and indeed the Baron designed it and endeavoured it but his Brother Shane O Neal surprized his Camp by night and routed his Army with a great Slaughter Whereupon the Lord Deputy returned to Dublin and intended for England but he was stopped for a while by Sir Henry Knolls whom the King sent over with Intelligence that the Queen of Scots had sent O Connor's son to Ireland to raise new Commotions but as soon as it was understood that his Negotiation was ineffectal the Lord Deputy prosecuted his former Resolution and embarked at Houth on the fourth of December and pursuant to the King's Letter of the seventh of November Sir Thomas Cusack Lord Chancellor and Sir Girald Ailmer Lord Chief Justice were chosen Lords Justices on the sixth of December and soon after one of the O Neals was imprisoned in Dublin for spreading false News about the late Lord Deputy but he was on the thirtieth of December enlarged on Bail In the mean time on the twenty eighth of December Lib. D. Hugh Mac Neal Oge of Clandeboy made his Submission to the Lords Justices or rather to the King and swore Allegiance and Agreed and Covenanted by Indenture to forfeit all if he ever relapsed or apostatized again Whereupon the King granted to him the Abby of Carrigfergus and Liberty to keep three Secular Priests as also the Castle of Belfast But Ireland was unhappy not only by the Civil Dissentions in Vlster between the Earl of Tyrone and his Son Shane O Neal and by the Scarcity of Provisions insomuch that a Kilderkin of Wheat was sold for four and twenty shillings which in the following year was sold for five shillings but also by the Death of Sir William Brabazon who died in July and was one of the most faithful men to the English Interest that had appeared in Ireland from the Conquest to that day The King was advised to lower the Value of Brass Money and to make the Bell-Groat currant at two pence and no more and also to build a Castle at Baltimore to oblige the Fishermen to pay Tribute the former he performed but the later as unpracticable was neglected or postponed The Earl of Thomond and his Unkles Donald and Trelagh were again at open Wars notwithstanding the aforesaid Agreement made between them by the Government February They took the Town of Cluanroad but the Earl defended the Castle for a time but not long after he was murdered by his Unkle Donald and was succeeded by his Son Cnogher whose Mother was Helen April Daughter of Pierce Earl of Ormond 1553. About the same time Teig Roe O Mlaghlin murdered Neal Mac Fylemy of the same Family coming from Molingar but the Murtherer was not long after slain in Battel by the Baron of Delvin and the Garrison of Athloan and in Connaught Richard Burk was at variance with the Sons of Thomas Burk Buckagh the issue whereof was that Richard was taken Prisoner and an hundred and an fifty of his Men slain Nor were the Contests less between Richard Earl of Clanrickard and John Burk the Earl besieged John's Castle but Daniel O Bryan came to John's Relief and forced the Earl to raise the Siege But whilst these things were doing the King died at Greenwich on the sixth Day of July in the seventh Year of his Reign aud the sixteenth Year of his Age. THE REIGN OF MARY QUEEN OF England France AND IRELAND MARY 1553. eldest Sister of the deceased King notwithstanding King Edward's Will and all the Endeavours that were used against her did succeed her Brother in the Throne and although she was Kept out of Possession by the Lady Jane about twelve Days so that she was not proclaimed at London until the nineteenth Day of July Yet there being no Interregnum in England her Reign must be computed from the sixth of July being the Day of her Brother's Death It may seem strange That the Protestants did so easily submit to her or that the Kingdom of Ireland should at all own her for their Queen Because I. She was the Issue
is made in England and so the English Statute of 35 Hen. 8. was in effect a Repeal of the Irish Statute of 28 Hen. 8. cap. 2. as it was actually a Repeal of the English Statute of the same tenor and effect But to proceed Sir Thomas Cusak Lord Chancellor and Girald Aylmer Lord Chief Justice continued Lords Justices and to them the Council of England on the twentieth Day of July sent an account of the Succession of Queen Mary together with a Proclamation wherein she was stiled Supreme Head of the Church 1553. which was read in Dublin and other Cities and Towns of Ireland as is usual and Orders were soon after sent to continue all Officers in their Places and another Proclamation To give Liberty of the Mass to all that would was likewise sent over and afterwards the Queen was crowned by Gardiner Bishop of Winchester Ware 204. on the first day of October and she gave a General Pardon to both her Kingdoms of England and Ireland In the mean time O Connor and his Complices were busie about the Invasion of Offaly but by the Prudence of the Lords Justices they were easily suppressed September Nor had O Neal better Success in the County of Lowth for though he did abundance of Mischief there yet the Lords Justices with the Militia of Dublin and such others as they could on a suddain scrape together gave him a great Defeat near Dundalk where he lost many of his Men. And on the eleventh of November Sir Anthony Saintleger Lord Deputy arrived at Dalkye and on the nineteenth he took the usual Oath and received the Sword in Christ Church Dublin and the Lord Chancellor Cusack's Patent was also renewed Cormack Mac Coghlan with the Aid of the Baron of Delvin made War against Mac Coghlan and invaded his Territory and though little more was done at first than the burning of some few Villages yet this was the beginning of a Contest so fierce and so tedious that at length the Territory of Delvin was entirely ruined Owen Macgenis was by the Lord Deputy admitted to be Chief of his Sept and Captain of his Country on the sixth of December upon his Oath of Fidelity to the Queen and her Successors and upon these Conditions following viz. 1. That he should not admit any Provisions from Rome Lib. D. but oppose them all he could 2. To serve the Queen with all his Power when Occasion required 3. To maintain twenty four Horse and sixty Foot and a Company integr prelium of Gallowglasses at every Northern Expedition of the Deputy for three Days going and three Days returning at his own Charge 4. To have no Correspondence with the Scots 5. To give the Wife and Daughter of Donel Macgenis their due 6. That he should not oppress the Queen's Subjects but assist them and the Queen would assist him against any of his Followers that should rebel 7. That he should pay one hundred Cows but this last was remitted him by the Deputy George Dowdal Archbishop of Armagh who fled beyond Seas in the Reign of King Edward was now recalled and restored to the Title of Primate of all Ireland and had the Priory of Athird given him for Life He held a Provincial Synod at Tredagh where they made some Progress towards restoring Popery 1554. and depriving the married Clergy but in April it went farther and the Primate and Dr. Walsh elect Bishop of Meath received a Commission to deprive them and accordingly Staples Bishop of Meath was for that reason deprived on the twenty ninth Day of June and in the latter end of the same Year the like was done to Brown Archbishop of Dublin Lancaster Bishop of Kildare and Traverse Bishop of Leighlin and the two other Protestant Bishops viz. Bale Bishop of Ossory and Casy Bishop of Limerick fled beyond the Seas In the room of these Protestant Bishops Popish Prelates were substituted Doctor Walsh was made Bishop of Meath and afterwards died in Exile in Queen Elizabeth's Reign Hugh Curvin succeeded in the See of Dublin as Thomas Levereuse did in that of Kildare Thomas O Fihely was by the Pope made Bishop of Leighlin Hugh Lacy was constituted Bishop of Limerick and John Thonory got the Bishoprick of Ossory but his Leases were afterwards avoided because Bale was never deprived and therefore he being alive at the time the Lease was made 2 Cro. 553. continued Bishop in Law and so Thonory had no power to dispose of any thing belonging to that See and in that case it was likewise adjudged that the King of England may nominate and appoint Bishops in Ireland without the Formality of a Conge de Esl●●● and that the Statute of 2 Elizabethae is for so much in Affirmance of the Common Law The Popish Bishops did take an Oath to the Queen in these Words Ware de Praesulibus 188. Ego A. B. Episcopus D. electus Consecratus profiteor me habere tenere ownes temporales Possessiones dicti Episcopatus de manibus vestris Successoribus vestris Angliae Regibus ut in jure Coronae Regni vestri Hiberniae vobisque Successoribus vestris Angliae Regibus fidelis ero ita me Deus adjuvet sancta Dei Evangelia But how well they kept that Oath I need not relate because it is notorious In November came over Girald Earl of Kildare who was restored the thirteenth of May before and Thomas Duff Earl of Ormond and Brian Fitz-Patrick Lord of Upper Ossory all which had behaved themselves exceeding well against Sir Thomas Wiat This Fitz-Patrick is famous for extraordinarily loving and being beloved of King Edward the Sixth and on the ninth of February Charles Mac Art Cavenagh was created Baron of Balian for Life and after his Death his Brother Dermond had the same Title The Queen ordered that the Army should be reduced to five hundred but that was not thought reasonable in Ireland However to comply as far as they could with her Majesties Orders they did reduce the Army to six hundred Foot and four hundred and sixty Horse and a few Kerns but were forced in a short time afterward to raise more and to send for fresh Supplies out of England In the mean time Lib. D. Daniel O Bryan claiming by Tanistry had great Contests with the Earl of Thomond about that Estate he had before this murdered the Earl's Father and though for the present they were reconciled by the Mediation of the Lord Deputy and Council about Michaelmas yet it was not long before their Dissentions broke out again But the Irish Historian Mr. Sullevan gives a very different Account of this Matter and tells us That the Lord President Fitton got Daniel O Bryan into Limerick upon his Oath that he would give him free and safe egress out of the Gates but the Sophistical Englishman turn'd him out of the wrong Gate so that there was the River of Shenin between him and his Army which was
3. To reduce Shane O Neal by force or otherwise 4. To invest the Baron of Dungannon in the Earldom of Tyrone if the Lord Lieutenant think fit 5. To apprehend the O Brians that oppose the Earl of Thomond 6. To make the Clerk of the Council Secretary of State 7. To make a Statute of Uses next Parliament 8. To grant Estates Tayl by Patent to all the Irish that will surrender 9. To reserve the best Rent that was at any time heretofore reserved on the Crown Leases and the Tenant to find a Horseman for every forty Pound Rent and a Footman for every six Pound thirteen Shillings and four Pence and if any Lease be voidable to let the Tenant renew increasing his Rent according to the best Survey 10. To augment the Revenue in granting of Wards and making them sue Livery and to collect and print the necessary Statutes It seems this Lord Lieutenant managed his Affairs well in Vlster 1561. although the Particulars are not recorded any where that I could find Lib. ● for on the sixth day of January Shane O Neal made his Submission to him and thereupon on the twenty second of the same Month he went to England leaving Sir William Fitz Williams Lord Justice 1562. who was sworn on the second Day of February and continued until the twenty fourth day of July and then Thomas Earl of Sussex Lord Lieutenant returned again and finding that the inconstant Shane O Neal had apostatized into Rebellion he prepared as fast as he could to reduce him to Obedience but the Winter approaching so near he was forced to adjourn his Design till the Spring and then on the first day of April he set forward 1563. and on the ninth there hapned a Fray between some Kirne in his Camp to the Slaughter of two or three of them but the Lord Lieutenant by his Authority composed that Matter On the thirteenth of April the English discovered an Ambush laid by Shane O Neal and fell upon them so that one and twenty of the Rebels were killed On the sixteenth the Lord Lieutenant passed over the Blackwater and took a Prey of two hundred Kine And on the twenty sixth he came back to Dundalk On the first of June he advanced again to Dungannon and quartered there and the next day came to Tulloghoge and undestanding that O Neale and his Party were in a Fastness not far off the English attacked them and drove them farther into the Woods And on the third of June the English took eighty Cattle and killed four or five Rebels And on the fourth the Army returned to Armagh And on the sixth day of June they took a Prey of three thousand Kine and one thousand five hundred Garons and Mares which were divided among the Soldiers and so the Army returned to Drogheda Hereupon O Neal being shrewdly terrified Cambden 121 and being also advised by the Earl of Kildare made his Submission to the Lord Lieutenant and promised to do the like in England which he performed in the presence of the Embassadors of Sweden and Savoy and upon his Promise of amendment he was taken into Favour and the Queen gave him some Presents and lent him two thousand five hundred Pound and ordered Sir Thomas Worth and Sir Nicholas Arnold whom she sent Commissioners into Ireland to establish a College at St. Patrick's Church c. to make an Enquiry about a Complaint that O Neal had made That one John Smith had design'd or attempted to poyson him After his Return home he behaved himself civilly and loyally for some time he assail'd the Scots and slew their Captain James Mac Conal and drove them out of Vlster he protected the poor from Injury and was orderly in every thing except his Tyranny over the Lords and Gentlemen of Vlster whom he challenged to be his Vassals Whereupon Macguire and others complained to the Government but O Neal disdaining to have his Princely Claim tried in a Court grows enraged at Macguire for putting the Dilemma upon him either of running into Rebellion again or submitting his Title to the Lord Lieutenant's determination 1564. and in this Fury O Neal invades Fermanagh expels Macguire burns the Cathedral Church of Armagh and besieges Dundalk but the Valour of the Garrison preserved the place till William Sarsfield Mayor of Dublin and a choice Band of Citizens raised the Siege nevertheless O Neal spoil'd and wasted the adjacent Country The Lord Lieut to revenge this proceeded briskly against O Neal Burlace 126. but before he could bring his Designs to perfection he was recalled in his time the Country of Annaly was made Shire-Ground and is called the County of Longford and Connaught was divided into six Counties Clare Galwey Sligo Mayo Letrim and Roscomon he also erected a kind of a Post-Office for the better Correspondence between England and Ireland Holingsh 114. And yet there are some who not without probability attribute these good Works to Sir Henry Sydny On the first of February there hapned a bloody Conflict between the Earls of Ormond and Desmond Lib. P. at Athmean or Affane in the County of Waterford where the latter lost two hundred and eighty of his Men but not long after the Lord Lieutenant was recalled and Sir Nicholas Arnold 1565. Lord Justice was sworn the twenty fifth of May and had an Army or rather a Garrison of fifteen hundred and ninety six Soldiers with which he made a shift to keep what he had but he did not enjoy that Honour long before Sir Henry Sydny Knight of the Garter Lord President of Wales came over Lord Deputy he Landed on the thirteenth of January and was sworn the next Sunday after being the twentieth he was received with great joy being a Person of whose excellent Government that Kingdom had long Experience and when he received the Sword he made an eloquent and pithy Speech to this effect setting forth what a precious thing good Government is and how all Realms Commonwealths Cities and Countries do flourish and prosper Hooker 111. where the same is orderly in quiet Justice and Wisdom directed and governed Secondly What a continual Care the Queens Highness hath had and yet hath not only for the good guiding and ruling of the Realm of England but also of Ireland which she so earnestly desireth and wisheth to be preserved as well in Peace as in War That she hath made great Choice from time to time of the most Grave Wise and Expert Counsellors for the one and the most Valiant Skilful and expert Men of Arms for the other That both in Peace and Wars the publick State of the Commonwealth and every Member therein might be conserved defended and kept in Safety under her Government And for the performance thereof her Majesty over and besides the Revenues of the Crown of Ireland did yearly far above any of her Progenitors expend of her own Coffers out of England great Masses of Money
and a few Volunteers and some Sea-men came to the Deputy and were very kindly received and the Disloyalty of the City was remembred at another time In Clonmel the Lord Deputy was nobly Treated in the Town-House which he requited by a most excellent Speech in commendation of Loyalty and thence marched to Cashil and in his March took a Castle held by Sir Edmond Butler and restored it to one Cantrel who was the right Owner 1569. and so he came to Cork where he found four hundred Soldiers newly arrived out of England under the Command of the Captains Shute and Ward as by his Letters to England he had desired From Cork the Lord Deputy made a step into Kirricurry and took the Castle of Carigoline and afterwards he marched into Orrery and took But●ivant and so designed for Kilmallock but James Fitz-Morrice got there before him and took the Town by the help of scaling Ladders and finding that he could not keep it he burnt and destroyed as much of it as he could However the Lord Deputy marched thither and having given all the Encouragement that he could to repair and reedifie Kilmallock he setled a Garrison there of an hundred Horse four hundred Foot and some Kern under Colonel Gilbert who was made Governor or Colonel of Munster and so having taken the Oaths and Hostages of the Lords Roch Courcy Decyes Power and of Sir Cormock Mac Teige and many other Gentlemen and Freeholders of the Counties of Cork and Limerick he marched directly to the City of Limerick The Earl of Ormond came to the Lord Deputy at or near Limerick and brought with him his Brother Sir Edmond Butler who in the open Camp submitted to Mercy acknowledging his Follies and craving Pardon and thereupon he was set at Liberty upon the Earl's Recognisance for his appearance at Dublin and accordingly he did appear there on the sixteenth day of October together with Pierce Butler another Brother of the Earl's and both of them were indicted of High Treason However it seems that Pierce was afterwards bailed but Sir Edmond being a Cholerick Man did reflect upon the Lord Deputy and attributed all to his Partiality and alledged that the Lord Deputy did threaten him and would do him no Justice and vented many more such passionate expressions and therefore had not the favour of being bailed but was committed close Prisoner to the Castle of Dublin from whence in a very short time after he made a strange and hazardous escape by the help of a small Rope which broke within three yards of the ground and so bruised him that he could not go far so that he was forced to stay all that cold Winter-Night up to the Chin in the Water to prevent his Discovery However about three Months after viz. on the last of February the Earl of Ormond did again bring Sir Edmond and the rest of his Brothers before the Lord Deputy and Council at Dublin and there after a short Commitment and humble Submissions they were all pardoned for the sake of the Earl and perhaps by special Orders from the Queen who by the Mother was related to this Noble Family Cambd. Eliz. 138. and used to boast of the untainted Loyalty of the House of Ormond In the mean time Colonel Gilbert behaved himself so well in Munster that the Earl of Glencar and his Follower Mac Donogh were forced to come to him and to submit on their Knees craving Pardon for what was past and offering Hostages for their future Behaviour and afterwards that Earl came to Dublin to a subsequent Session of the Parliament and in the Presence-Chamber and in Christ-Church made most Pathetical Submissions on their 〈◊〉 and were Pardoned but the Collonel Gilbert being 〈◊〉 his good Service Knighted at Drogheda the first of January 1569 got leave to go to England and there he 〈…〉 a rich Widow and was not long afterwards drowned and thereupon Sir John Penott was Lord President of Munster In Leinster Sir Peter Carew had reduced the Cavenaghs to that low Condition that they were forced to submit to Mercy simply and without Stipulation and in Connaught Sir Edward Fitton by valour in the Field and severe Justice in the Courts did so quail the stubborn Hearts of the Rebels that his Province had but very little disturbance except what was given by the Earl of Thomond who could not brook the Severity of the President it seems he complained to the Lord Deputy before he entred into Rebellion for on the twenty third of April 1570. Lib. H. the Earl of Ormond was sent to treat with him but that Treaty proving ineffectual there ensued a smart Battle or rather Skirmish wherein the Earl of Thomond was worsted Contra Barkers Chron. 343. and Cambd. and thereupon he fled into France where he met with the English Ambassador Norris by whose means the Earl was pardoned Eliz. 153. and afterwards proved a very good Subject and did considerable Services to his Queen and Country Turlogh Lynogh whom I have already mentioned to have assumed the Name of O Neal was about this time shot in the Belly with two Bullets out of a Caliver by one of the Doniloghs who was a kind of a Jester he was at Supper with his Wife Aunt to the Earl of Argile when he received this Misfortune and though the Wound proved not to be Mortal yet it was so near it that the Auxiliary Scots began to think of deserting him 1570. and his own Country were in Factions about the choice of a new O Neal Lib. H. however he at length recovered and made an attempt to invade the Pale but the Scots dispersed for want of Pay so that O Neal was glad to treat with Justice Dowdall and the Dean of Armagh the Queens Commissioners and they came to an Agreement in O Neal's Camp at Dungannon on the twentieth day of January Lib. H. which was afterwards ratified by the Lord Deputy on the thirteenth day of March. On the eleventh of February the O Feralls or Ferells surrendred their Interest in the Annaly or County of Longford and took part of it back again at the Yearly Rent of an Hundred Marks c. The publick Expence for three Years viz. From Michaelmass 1565 to Michaelmass 1568 paid out of the Exchequer amounted unto Eighty eight Thousand nine Hundred thirty eight Pounds nine Shillings and eleven Pence whereof I suppose at least one half was remitted from England and yet the Lord Deputy was so Industrious in the Collection of the Revenue that he got twelve Hundred Pound of Hugh O Donell for the Arrears of Rent due for many Years past and the Queen was so intent on the Reformation and settlement of Ireland that she sent over Robert Leeth a Surveyor about the Year 1568 to make a true Survey and an exact Map of that Kingdom But Pope Pius the Fifth having by his Bull of the fifth of March 1569. Cambd. Eliz. 146. ●ulminated
Portcorn that matter be likewise amended next Parliament VI. To Report to the Queen the Quality and Merit of those that have acted or suffered for her and the Quantity of the Reward fit to be given them out of the forfeited Lands and under what Covenants and Reservations and She thinks it better to give it to their younger Sons than themsevles to increase the number of Freeholders VII To the same Effect VIII To lessen or dissolve the Pensions and gratify the Parties with Portions of forfeited Lands certifying the Value and Condition of the same IX To grant no more Land to any Man than he shall be able to People X. To renew and observe the Directions to former Deputies in all things that are not contradicted hereby XI Because the Tenants of the Crown are disabled by the Rebellions of James Fitz-Morris and Desmond to pay their Arrears to let them have new Leases for the Remainder of the Terms at the old Rent the fourth Part of which shall be paid in Beeves at 9 s. a piece or Corn at the rate of Port-Corn and for the Arrearages to give Instalments or to remit part or all as you shall find requisite XII To resume by Act of Parliament or on Composition with the Parties the Demeasnes and Conveniences of Her Houses and Castles of Dublin Killmamham Athloan Caterlagh Leighlin Monasterevan c. and to annex them inseperably to the respective Castles or Houses by Act of Parliament reserving the Ancient Rent XIII To do the like by any of the forfeited Lands that lie convenient for those Castles c. XIV To preserve the Woods on any forfeited Lands near any Navigable River for her use XV. That no Man Ecclesiastical or Civil that has any Function or Office be suffer'd to be absent from his Charge above two Months without special License on pain of Forfeiture XVI To enquire with the Council what Outrages have been done since March the 25th 1583. and how redressed who of Quality are Loyal Disloyal or Suspected and to send Her an Account of the true Estate of every Province in that Realm XVII To inquire into all the Jurisdictions and Irish-Chieferies Exactions Cuttings and Spendings which the Attainted Rebels enjoyed that She may retain them or by relinquishing them manifest to Her Subjects the easiness of Her Government and their Happiness under it XVIII That Commissions do not issue for every trivial Concern and that the Allowance to Commissioners be not as great and burdensome as formerly XIX That the Establishment for Conaugh be lessened and that Richard Bingham be Chief Commissioner of Conaugh XX. To place John Norris Esquire President of Munster with the same Allowance your self had when President there XXI To make Thomas Jones Bishop of Meath Norris Bingham and Thomas L'Estrange Esquire of the Privy Council XXII To place such an Arch-Bishop at Armagh now void as you and the Council think fit XXIII To certify Quarterly the whole Expence in Ireland and what is sent hence and what is received there to defray it And afterwards additional Instructions were sent to him as followeth I. To endeavour to ease Her Majesties Charge in Victualling the Army Lib. C. by getting Victuals in Ireland and to save the charge and hazard of Transportation II. To consider how a College may be Erected and St. Patrick's Church and the Revenue thereof may be appropriated thereunto and every Diocess by Act of Parliament be made Contributary out of the Leases of Impropriations III. To Name some that may be made Lord Barons IV. In the next Parliament to revive the Impost which has been expir'd these two years V. To endeavour the getting in of the Debts due to Her Majesty VI. To Discharge such of the Pensioners or to Reward them in forfeited Lands as you shall think fit VII To Prefer the Ancient Officers and Soldiers before new Comers VIII To take off the Wards and Garison from Fernes and Iniscorthy and other unnecessary places IX To repair the Forts of Leix and Offaly at as small Charge as may be and to prevail with the Inhabitants of the Country for whose Defence they are made to provide Carriage and Labourers and to render an Account of the Condition of those Countries and the Causes of it X. To recompence Edward Waterhouse for the voluntary Surrender of his Patent for maintenance of Boats over the Sheuin such Entertainment as you and the Council shall think fit XI To suffer no Man that was in the late Rebellions of what Quality soever to keep any other Arms than Sword and Dagger XII To encourage the Loyal and protect the pardon'd People of Munster and send your best Advice how Munster may be Repeopled The Lord Deputy spent 18 days in close Consultation with the Privy Council who were the Arch-Bishop of Dublin Chancellor Earl of Ormond Treasurer the Bishops of Armagh Meath and Killmore Sir John Norris Lord President of Munster Sir Henry Wallop Treasurer of Wars Sir Nicholas Bagnall Knight Marshal Robert Gardener Chief Justice Sir Robert Dillon Chief Justice of Common Banc Sir Lucas Dillon Chief Baron Sir Nicholas White Master of the Rolls Sir Richard Bingham Chief Commissioner of Connaugh Sir Henry Cowley Sir Edward Waterhouse Sir Thomas L'Estrange Sir Edward Brabazon Jeffery Fenton Secretary of State Warham Saint Leger and Sir Valentine Brown And as soon as he understood the true State of the Kingdom and had laid down the Measures of his Government he issued a Proclamation of Oblivion and Indemnity and then he sent the Earl of Desmond's Son James into England On the 15th of July The Lord Deputy began his Progress and came to Molingar the 16th and thence sent a Cypher to the Lord Chancellor and Sir Henry Wallop to Dublin whereby they might easily Decipher and understand his Letters which would be unintelligible to the Rebels if they should happen to intercept them thence he proceeded to Connaugh where he endeavoured to reconcile all the great Men of that Country and put to Death Donogh beg O Bryan a bloody Murtherer in this Journey he converted Fryer Malachias a Malone Brother to Mac William Eughter and from Gallway he came to Limerick where he received the News that the Scots to the number of 1000. in favour of Surleboy had invaded Vlster and he also intercepted O Neals Fosterer returning out of Munster from exciting the Irish Lords and Gentlemen there to a new Rebellion but tho this Messenger upon Examination confessed his Errand yet he assured the Deputy that all those he had gone to refused to Rise as long as Sir John Perrot and the Earl of Ormond whom they deemed just Men continued in the Kingdom Hereupon the Deputy took Pledges from those he most suspected and leaving the County of Cork to the Justices Walsh and Miagh the Sheriff Sir William Stanley and the Lords Barry and Roch Limerick to the Provost Marshal Desmond to the Earl of Clancar 1584. Sir Owen O Sullevan and O Sullevan more
Month. But the Lord Deputy was again allarm'd with a new Invasion of the Scotish Islanders and therefore Turlogh Lynogh being old the Baron of Dungannon was encouraged to oppose them but lest he should grow too popular by that Authority the Deputy thought it necessary to march into the North with such Forces as he had ready he left Dublin the 26th of June and passed speedily to Dungannon where most of the Irish Gentlemen of Vlster except James Carow came to him and submitted to his Lordship's command Hence the Deputy sent Captain Dawtry to the King of Scotland to pray restitution of the Irish Ships and Goods taken by his Subjects and that he would stop the Islanders from destroying Ireland to which he received a kind and favourable Answer dated at Saint Andrews the fourth of August 1585. but it came too late Four hundred Islanders arrived in Vlster and were joined by as many more under the Conduct of Con Mac Neal Oge's Son Hugh Mac Felim's Son O Kelly Mac Cartane c. and on the 28th of July were encountred by Captain Strafford and 170 Soldiers and a few Kernes who continued the Fight from Morning to four in the Afternoon still gaining Ground of the Enemy of whom 24 were slain and 40 wounded and of the English but 8 killed and 12 wounded and here my Authour truly observes that the Irish never gave the English a defeat but upon shrinking from them The Enemy passed the River Ban and went into Tyrone but were so pursued by the Baron of Dungannon and Captain Strafford that they were forced to repass the Ban and to retire toward Dunluce and finding no quiet there they went to Inisowen and designed to surprise Strabane but Hugh Duffe O Donell gave notice hereof to Captain Merriman and offered his assistance and so Merriman with 160 Soldiers and O Donell with a few of his f●llowers marcht all night to surprise the Scots But 〈◊〉 their great amazement they found the Scots in a readines●●nd above 600 strong so that they were able to divide 〈◊〉 Army into three divisions so to assail the Royalists thre● several ways whilst the English being so few were forced to keep in one entire Body Alexander Mac Surly who commanded the Scots challeng'd Merriman to a Combate and a lusty Gallowglasse being by said he was the Captain and so to the Duel they go the Gallowglasse stund the Scot at the first blow but he recovering himself kill'd the Gallowglasse and thereupon Merriman stept out and fought Alexander a good while with Sword and Target and so wounded him in the Leg that he was forced to retreat and thereupon his Army being discouraged were totally routed and Alexander being hid under a Turf in Cabbin was discovered and his Head cut off and set on a Pole in Dublin But how fortunate soever the Summer Progress was yet the Deputy's Enemies complain'd against it as chargeable and unnecessary so that he was forced to return to Dublin the 16th of August where old Surlyboy came and submitted unto him The chief Articles against the Deputy were That he was severe and forc'd the People to the Oath of Allegiance and pryed into men's Patents and endeavour'd to promote Laws against Recusants and to repeal Poyning's Act and this Impeachment was abetted by the Chancellour whom being also Archbishop of Dublin the Deputy had disoblig'd by endeavouring to appropriate the Revenues of St. Patrick's Church to the new design'd University and by carrying himself too Magisterially in the Government with the Chancellour Sir Henry Bagnal Secretary Fenton and others of the Council sided so that it grew into a powerfull Faction by which the Deputy was often thwarted at Council Board and else where The Lord Treasurer of England was a fast Friend to the Arch-bishop so that by his means the appropriating of the Livings of St. Patrick's Church was stopt and other Affronts were put upon the Deputy which so enraged him that he spoke some passionate words of the Queen which were the cause of his Ruine afterwards and particularly having received some kind Letters from the Queen after some ill usage that he resented Look ye says he to the standers by now the Queen is ready to bepiss her self for fear of the Spaniard I am become her white Boy again This Deputy was supposed to be the Son of Henry the Eighth and had much of his towring Spirit in him When he was Condemn'd he ask'd the Lieutenant of the Tower whether the Queen would sacrifice her Brother to his frisking Adversaries meaning the Lord Chancellour Hatton who he said came into Court by the Galliard He was condemn'd on the Preists forged Letter and dyed suddenly in the Tower and his Son Sir Thomas Perot was restor'd to his Estate Nor did these his open Enemies only impeach him themselves but they also instigated the Lords and Gentlemen of the Pale as was believed to complain by their Letter of the 15th of July 1585. that besides the 2100 l. which they had consented should be levyed in lieu of the Cess the Lord Deputy design'd to impose a second Charge of 1500 l. per annum upon them thereby to make Her Majesty's Government intolerable to them but some of these Lords and Gentlemen being afterwards undeceiv'd generously wrote their Retractation of their former mistake to the Lords of the Council of England Nevertheless the Deputy proceeded in his duty and issued a Commission to two and twenty Gentlemen whereof Sir Richard Bingham Lib. L. 15th July 1585. White and Waterhouse were of the Quorum Authorizing them to compound between the Queen and the Subject and between the Lord and the Tenant for Cess Cuttings and other incertain Exactions and to bring the Inhabitants of Connaugh and Twomond to a composition of paying ten Shillings per annum for every quarter of Land containing 120 Acres besides a certain number of Soldiers amongst them on every rising out they proceeded by Inquisition by a Jury to find out the number of Plow-lands and the County of Mayo was found to contain 1448 quarters of Land whereof 248 might be exempted and paid 600 l. per annum and contributed 200 Foot and 40 Horse at their own charge when required and 50 Foot and 15 Horse in such manner as the Peers and English Bishops ought to do Sept. 1585. and this was done by Indenture whereby they voluntarily renounced the Irish Captainships Styles and Titles and abolish'd the Irish Gavelkind and Tanistry and agreed to hold their Lands by Patent according to Law and the like was done in the rest of Connaugh and the whole Province was found to contain 8169 quarters of Land whereof 2339 being exempted there remain'd 6836 liable to an annual Rent of 3418. 5. 8. and to contribute 1054 Foot and 224 Horse to the General Hostings in Connaugh and 332 Foot and 88 Horse at any time for Forty days any where in Ireland And Twomond for 1259 Plow'd Land agreed to pay 543 10 0
levying Forces two year before to distrain for Rent he pretended due to him in the Ferny Camd. Eliz. 447. The Irish say he had hard measure and instance much foul practice in the Prosecution and Tryall but however that be the poor Gentleman was hang'd and his Countrey divided between Sir Henry Bagnall Cap. Henslow and four of the Mac Mahouns under a yearly Rent each of them giving considerable Bribes to the Deputy as they said in their Complaint to the Council of England but the Lord Deputy in his Answer did vindicate himself from these unjust Aspersitions or at least endeavour to doe so however it must be observed that from henceforward the Irish loathed Sheriffs and the English Neighbourhood as fearing in time they might all follow the Fate of Mac Mahoun and therefore in the great Treaty near Dundalk in Jan. 1595. they all desired to be exempted from Garisons Sheriffs and other Officers In May 1590. the Earl of ●●●one went for England where he was in an easie manner r●●trained of his Liberty because he came over without the Deputy's Licence but upon his submission he was discharged of his Confinement and came to a new Agreement with the Queen which is to be found at large Morison 9. and offered Hostages thereof provided they might be kept in some Merchant's House in Dublin or some Gentleman's House in the Pale and be exchanged every three Months The reason why he was so much favour'd and trusted was because he advised the suppression of the Name of O Neal which was really of great importance and he was believ'd to be sincere because being the Son of a Bastard he could have no pretence to it and it stood not with his interest that any body else should have it and so his Power and Authority was in England thought to to be a Bridle upon Turlogh Lynogh and the Sons of Shane O Neal. On the 28th of May 1590. seaventy one Soldiers of Sir Thomas Norris's Company mutinied for want of Pay they came arm'd to the Castle Gate The Deputy offered them two month's Pay but they insisted upon all whereupon he courageously caused the Gate to be opened and sent them a Message that whoever entered the Castle should be hanged as a Traitour they answered that they did not intend to enter upon that the Deputy rode out to Church Sir Geo-Carew Master of the Ordnance bearing the Sword before him the Mutiniers made a Guard for him and begg'd his Lordship would consider them but he briskly rode up to one of them and finding many Gentlemen behind him he ordered them to disarm the Mutiniers but they prevented it by laying down their Arms and placing themselves on their Knees supplicated his Lordship's favour and though they were tied two and two together and sent to Newgate to vindicate the Authority which they had affronted yet because their Indigencies were great I suppose they came off without much severity About December four considerable Prisoners escaped out of the Castle of Dublin December 1590. not without the privity of a great Man well bribed as was supposed viz. the two Sons of Shane O Neal O Donell's Son and Philip O Reily but the Weather being very bad and the Journey tedious Art O Neal one of the Prisoners dyed by the way but the rest escaped to Vlster where the two other Sons of Shane O Neal fell into the power and possession of the Earl of Tyrone anno 1594. who kept them Prisoners and would by no means enlarge them or deliver them to the Deputy Tyrone on the 9th of August appeared at Dublin and confirmed the Agreement he had made in England but when he was urged to the performance of it the used many shifts and delays and desired the like security might be requir'd of his Nighbours This Winter Turlogh Lynogh's Men were wounded by Tyrone's and the next Summer the Marshal Bagnall's Sister was taken away and married to the Earl of Tyrone so that he became again obnoxious to the State and odious to the Marshal because he had another Wife then living Wherefore on the 16th of July he wrote to the Lords of the Council in England that Turlogh's Men were preying his Country and were killed by their own fault and in October following he wrote to the Deputy that the Marshal's Sister married him voluntarily and that he was lawfully divorced from his former Wife In the mean time viz. July 1591. Tyrone was made a County and divided into eight Baronies Dungannon being appointed for the Shire-town which amongst other things and particularly the Authority of Marshal Bagnall so fretted Tyrone that 't is believed it was this Summer confederated between him and the rest of the Irish to defend their pretended Rights and Religion against all Heretical Opposers and not to admit Sheriffs into their Countries This Winter Commissioners sate at Monaghan in order to settle the Country on the Queen's Patentees and had 100 Soldiers for their Guard they were allarmed and disturbed at the rumour that Con Tyrone's Son was appoaching for which Tyrone was blam'd but he answered That they were frighted at the sight of two Horsemen there being no more near them at the time of the Allarm However the State grew every day more and more jealous of him and the ●ather because he entertained a Friendship with Hughroe who escaped out of Dublin Castle as aforesaid and was now the O Donell his Father being dead and had surprized the Castle of Montross nor did Tyrone's pretence that he did this in order to make O Donell a good Subject give any satisfaction to the State although at the same time he craftily desired the Lords of the Council to interpose so that he might have the Marshal's Love and that they might live friendly together On the 12th of July a Commission issued to Sir Thomas Norris Sir Robert Gardiner Sir Nicholas Walsh 1592. Roger Wilbraham and James Gold to compound with the Inhabitants of Munster for Cess and Purveyance c. and thereupon in September following the Commissioners did make a Composition for three years which amounted yearly to the following Summs viz. The Barony of Orrery 20 00 00 Condons 06 00 00 Kinalea 15 00 00 Ibawne 25 00 00 Fermoy 25 00 00 Ivelegham and Gormlehan alias Barrymore 42 00 00 Clanmorris 50 00 00 Desmond 30 00 00 County of Waterford Poers Country 45 00 00 Decyes 35 00 00   Coshmore Coshbride 12 00 00   Ifeagh 18 00 00   Imokilly 60 00 00   Barretts 23 00 00   Conr●yes 05 00 00   Duhallow 30 00 00   Muskry 35 00 00   Bear and Bantry 13 06 08   Carbry 80 00 00 The Barony of Connilo was to pay 25 s. for every quarter of Land and small County but five Shillings per annum and the rest of the County of Limerick 10 s. per annum for every Plow-land The Barony of Kyrricurry was to pay 1 6 8 in lieu of all charges
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 ● 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
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 ●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 Attaind●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 Thom●●● and Clanrick●●d● and Viscounts of Buttevant Form●● Gormansto●●●● Mountgarrets and Tullagh and the Barons of Athenry Kingsale Kerry Slane Killeen Delvin Dunboyn Houth Tri●●etsowne Poer Cahir Dunsany Louth Upp●r Ossery Castle Connel and 〈◊〉 Besides Twenty five of Protestant● Archbishops and Bishops that were present and the
House of Commons consisted of Two hundred thirty two Members whereof about Six were absent so that of sitting Members One hundred twenty five were Protestants and 〈◊〉 were P●pists But the List of the Commons being called over by the Clerk of the Crown No others but such as were return'd as aforesaid were suffered to enter the House of Lords to hear the Lord Chancellors Speech but that being ended the Commons were ordered to their own House to chuse a Speaker whom they were to Present to the Lord Deputy the Friday following and the Lord Deputy told them that the King had recommended a Speaker to them one his Lordship thought beyond exception and should be named to them by some of the Privy Council when they should come to their House And accordingly the House being sate Sir Thomas Ridgway Vice-Treasurer and Treasurer at Wars made a storid Speech and in the end proposed Sir John Davis for their Speaker and that he was the Man the King and Deputy thought fittest for that Office which was answered with a great Acclamation of Consent Hereupon Sir James Gough stept out disorderly into the midst of the House and offered to make a Speech there but being ordered by the House to go back to his place and speak there he did so and then stragling from the Matter in question which was the Choice of a Speaker he alledged that the new Corporations had no Right to chuse nor could any Body not resident or inhabiting in any Corporation be chosen Citizen or Burgess of it and therefore desir'd that Matter might be examined but concluded nothing as to the Speaker till being demanded for whom he gave his Voice He answered for Sir John Everard late one of the Judges of the Kings-Bench but being an obstinate Recusant was by his Majesties special Orders removed Gough was seconded by Sir Christopher Nugent and William Talbot late Recorder of Dublin who moved to the same Effect that the House should he first purged of illegal Members before they proceeded to the Choice of a Speaker Sir Oliver Saint John Master of the Ordnance reply'd That he knew by experience in sundry Parliaments in England that the Course and Usage was first to chuse a Speaker and then to settle Committees and examine Elections and that in their proper Season all Disputes about Elections or returns should be decided according to 〈◊〉 and to the Satisfaction of all good Men and concluded in 〈◊〉 of Davis and gave his Vote for him Hereupon the House was in a confusion Some crying Davis others 〈◊〉 but this noise being over Sir Oliver Saint John said It was the Usage of Parliament to decide Controversies by Questions and Questions by Votes that the Affirmative party usually 〈◊〉 out of the House and the Negative staid behind and so he 〈…〉 were for Sir John Davis to follow him out 〈…〉 to the number of One hundred twenty five The Treasurer and Marshal 〈…〉 Sir Christopher 〈◊〉 and Sir Christopher Nugent to joyn with them in numbering each Party on the contrary those in the House gathered themselves into a 〈◊〉 that so they could 〈…〉 however the whole number of the House 〈…〉 Two hundred thirty two where of Six were absent it was manifest that Sir John Davis had the Major Vote the Papists knowing this thourght to gain their point by a Trick and therefore whilst the Protestants were numbering without the Papists within that the Door and pretending themselves because Actually fitting in the House to be the House of 〈◊〉 they unanimously chose 〈◊〉 and 〈…〉 The Protestants being return'd 〈…〉 contemptuous Proceeding and declar'd the Election of Davis and desir'd 〈◊〉 to leave the Chair but 〈…〉 still and thereupon Sir Oliver Saint John told him that if he would not come out they should be oblig'd to pull him out and accordingly the Treasurer and Marshal did take Davis and fet him in the Chair on Everand's Lap but Everard continued obstinate and therefore the Treasurer Master of Ordnance and others did gently remove him and did place Davis in the Chair altho Sir Daniel O Brian and Sir William Bank endeavored to keep him in Hereupon all the Papists departed the House into an outward Room for the outer Door was shut by Orders of the House on their first sitting and Sir John Bleverhasset and Sergeant Beer being sent to them to desire their return to the House were answered that they would not return but would appeal to the Lord Deputy then Mr. Treasurer and Sir Henry Power went to them again and Mr. Talbot in the Name of the rest told them That those within the House were No House nor their Speaker No Speaker but that They were the House and Sir John Everard their Speaker and they would complain to the Lord Deputy and the King After this Sir John Davis began his Speech to excuse himself c. but Sir William 〈◊〉 and Sir Christopher Nugent interrupted him and rudely rushed in to call for the Keys of the outer Door and being ordered to take their Places they refused and contempruously went out again and the outer Door being opened all the Papists went out and protested they would return to the House no more On Friday after the House sat to the number of 130 whereof 14 Privy Counsellors and the Lord-Deputy sent for Mr. Marshal and the Master of the Ordnance and told them That William Talbot had been with his Lordship and receiv'd Commands that the Papists should return to the House and that Talbot had desir'd an hours time to return an Answer and that his Lordship had given time till Three in the Afternoon and therefore desir'd that the Commons would send their Sergeant at Arms to summon the Recusants to be at the House at that time but the House refused to send their Sergeant at Arms because the Recusants had appeal'd to the Deputy so they rose and met again at Three a Clock but no Papists came near them and therefore they went by themselves to the Deputy and presented their Speaker and being ask'd whether they were the greater number of the House and unanimous in the Election They answered in the Affirmative so their Speaker having made the usual Speech was approved of and then he made an excellent Discourse about Parliaments in general and This in particular and then the Commons went to their own House and adjourned to the next day In the mean time on the 19th of May the Popish Lords wrote a Letter to the King full of Complaints of the strange and preposterous Proceedings as they term'd it about the Speaker they express'd their Passions with moving Epithits stiling their Sedition Pins dolor and Justa-Iracundia they did not vouchsafe to give the Parliament that Name but called that Assembly An intended Action they also called the New Burroughs Titul● sine re and sigmenta sine rebus nor did they spare to reffect on the Persons of some of the new Burgesses of the new Corporations and
not to be named did very much scandalize the Patrons of his Preferment Nevertheless his unparallel'd Repentance and the most Pious manner of his Death hath obtain'd for himself the Pity of all good Men and undoubtedly the Mercy of God And it is observable 1637. that the Earl of Cork and this Bishop Atherton did on the 27th of June 1637. joyn in a Petit on to the Lord Deputy and Council to appoint Arbitrators to decide their Controversies and accordingly the Bishop of Derry and the Master of the Court of Wards were Assigned to that purpose and in their Adward which I have seen they recite that the Bishopricks of Waterford and Lismore by the Alienations of former Bishops were left worth but Fifty pound per Annum Revenue in Land and that the Earl had not purchased any thing immediately from the Church but from other Persons for valuable Considerations near Forty years before yet out of Love to Religion and the Professors thereof he was contented to part with some of his Right and so they Adwarded Lismore c. to the Earl and Ardmore c. to the Bishop and this Adward was afterwards confirm'd by the Lord Lieutenant and Council and after that by the King Anno 1638. 1638. Doctor Bedell Bishop of Killmore held a Synod in his Diocess which was a thing very strange and unusual in Ireland Nevertheless it made excellent Cannons or Constitutions which are to be sound in Bishop Bedell's Life pag. 237. But Matters growing high in Scotland and England the Lord Deputy went over to the King and left ROBERT Lord DILLON of KILLKENNY WEST Sir CHRISTOPHER WANDESFORD Mr. of the Rolls Lords Justices who were Sworn on the 12th of September 1639. and soon after call'd a Parliament which met on the 16th day of March but did little or nothing until THOMAS Earl of STRAFFORD returned Lord Lieutenant on the 18th of March 1639. and on the 20th the Irish Parliament met again and Granted four entire Subsidies to the King and were on the 17th day of June prorogued to the First day of October following having first made the Twelve Acts to be found at large in the Printed Statutes 15 Car. 1. The first of these four Subsidies was Assessed at 46170 l. but the Second and Third of these Subsidies being in the absence of some Protestant Members with the Army at Caricfergus upon the Motion of Nicholas Plunket Assess'd in another manner did not together amount unto more then 23768 l. 15 s. 0 d. and the Fourth Subsidy was never Taxed at all by reason of the Rebellion that ensued And it is to be Noted that the Protestants paid more than one Third of the Commons part of the Subsidies besides 26480 l. 6 s. 0 d. Granted in Fourteen Subsidies by the Protestant Clergy only and above Three fourths of the Nobilities part of these Subsidies or more for the Nine Subsidies on the Nobility came too 52850 l. 18 s. 4 d. whereof the Confederate Lords paid but 10620 l. 18 s. 4 d. and it is very remarkable that foreknowing the Rebellion as undoubtedly they did they paid not one Penny of the Second or Third Subsidies and the Commons paid so little that of the Three Subsidies on them there was in Arrear when the Rebellion broke out 23855 l. 9 s. 7 d. And yet these Gentlemen or their Advocates have bragged in some of their Libels That they gave the King near a Million of Money But to proceed The Lord Lieutenant upon the Credit of these Subsidies and the annual Revenue which now was improv'd to above 80000 l. per Annum was enabled to raise Eight thousand Foot and One thousand Horse additional to the Veteran● 〈◊〉 they cost the Kingdom in raising clothing and paying them 204057 l. and were design'd to sudue the Rebells in Scotland and awe the Mutineers in England but being mostly Papists who were thereby Train'd to the use of Arms this Army was so offensive to all moderate and thinking Protestants that it brought great dis-repute and prejudice on the Kings Affairs and in the end cost the Lord his lieutenant his Head The Lord Lieutenant was exposed to the Hatred of the Presbyterians Husbands Collections 2 part 245. for imposing a new Oath on the People hereafter mentioned which was so much abhorr'd by many that they quitted the Kingdom rather then take it and he was open also to the Jealousies of the Protestants by bringing over with him Sir Toby Mathews a Jesuited Priest and by the Correspondence that was known to be between Paul Harris another plotting Priest and Sir George Ratcliff the Lord Lieutenant's intimate Friend and by suffering Publick Mass-houses at the Naas so near his own House and by permitting Fryars to dwell in a House of his own which he had built to other Uses But notwithstanding all this it is certain he was no Friend to Popery but only temporiz'd until he should meet with a more proper Season to go through with that Work as himself expresses it About this time Archibald Adair who had been Bishop of Killalla since the Year 1630 was deprived of his Bishoprick upon this Occasion One Corbet a Clergy-man that fled from Scotland for writing a Satyrical Book against the Covenanters called Lysimachus Nicanor was sent to this Bishop for Preferment but he being a moderate Man and perhaps too indulgent to his own Nation did not approve of Corbet that had handled the Scots so severely and therefore he gave no countenance to him but on the contrary told him That it was a bad Bird that foul'd his own Nest which was the sharper because Corby in Scotch signifies a Raven And when Corbet told him That he had hardly escaped with Life but had left his Wife to try the Humanity of the Scots the Bishop replied That he had left her to a very base Office And other things he said which the Government thought too favourable to the Govenanters and tho' they would not be much considered at another time yet now was thought a sufficient Cause of Deprivation and Doctor John Maxwell was made Bishop in his room but the next Year after the Execution of Atherton Bishop of Waterford Adair was made Bishop of that See Nor should it be omitted That this Bishop Maxwell a most excellent Preacher and a hearty Royalist was nevertheless wounded stript naked and left amongst the Dead by the Irish Rebels whose Skeins never distinguished between a Prelate and a Fanatick But the Bishop was accidentally preserved by the Earl of Twomond who travelled that way towards Dublin and afterwards went to the King to Oxford and was the first Man that convinced the King of the innate Hatred the Irish Rebels bore to all those of the Protestant Religion But let us return to the Lord Lieutenant who went again to England to give the King an Account of the good Posture of Affairs in Ireland leaving in his stead Sir CHRISTOPHER WANDESFORD Master of the Rolls
Lord Deputy He was sworn on the Third of April and was an intimate Friend of the Lord Lieutenants and was suspected to have imployed Agents to raze out of the Journal-Book of the House of Commons some Instructions that were agreed upon by that House for a Committee to Impeach the Earl of Strafford but it is certain he did what he could to hinder that Committee from going to England And besides Persuasions Rushw 469. he proceeded to forbid them that voyage upon their Allegiance Nevertheless they all got away privately some from one Port and some from another and came safely to England This Committe were the Lords Gormanstowne Killmallock Costilo and Baltinglass for the Upper House Nicholas Plunket Sir Robert Digby Richard Fitz-Gerrald and Nicholas Barnwall for Leinster Sir Hardress Waller John Welsh Sir Donough mac Cartby for Munster Robert Linch Geoffry Browne and Thomas Burk for Connught and Sir William Cole and Sir James Mountgomery for Ulster and they carried with them a Remonstrance from the Irish Parliament against the Earl of Strafford whom they prosecuted effectually and were under-hand so to do by the Discontented part of the Parliament of England And because this Remonstrance contains a great part of the History of those Times I have thought necessary to add it in haec verba To the Right Honourable the Lord Deputy The Humble and Just Remonstrance of the Knights Citizens and Burgesses of the Parliament Assembled SHEWING THat in all Ages since the happy Subjection of this Kingdom to the Imperial Crown of England Rushw 11. it was and is a Principal Study and Princely Care of His Majesty and His Noble Progenitors Kings and Queens of England and Ireland to the vast Expence of Treasure and Blood that their Loyal and Dutiful People of this Land of Ireland being now for the most part derived from British Ancestors should be Governed according to the Municipal and Fundamental Laws of England that the Statute of Magna Charta or the Great Charter of the Liberties of England and other Laudable Laws and Statutes were in several Parliaments here Enacted and Declared that by the means thereof and of the most prudent and benign Government of His Majesty and His Royal Progenitors this Kingdom was until of late in its growth a flourishing Estate whereby the said People were heretofore enabled to answer their humble and natural Desires 〈◊〉 comply with His Majesty's Princely and Royal Occasions by their Free Gift of One hundred and fifty thousand pounds Sterling and likewise by another Free Gift of One hundred and twenty thousand pounds more during the Government of the Lord Viscount Faulkland and after by the Gift of Forty thousand pounds and their free and chearful Gift of Six intire Subsidies in the Tenth Year of His Majesty's Reign which to comply with His Majesty 's then Occasions signified to the them House of Commons they did allow should amount in the Collections unto Two hundred and Fifty thousand pounds although as they confidently believe if the Subsidies had been Levied in a moderate Parliamentary way they would not have amounted to much more than half the Sum aforesaid besides the Four intire Subsides granted in this present Parliament So it is may it please Your Lordship by the occasion of the ensuing and other Grievances and Innovations though to His Majesty no considerable Profit this Kingdom is reduced to that extream and universal Poverty that the same is les● 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 Revers●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
Confederates and that Goods recovered he restored to the right Owners and that all who assist or favour the Enemies or stand Neuter be Excommunicated and that all Invaders of any Irishman's Property be Excommunicated and that those Excommunicated shall be excluded from Confession and Sacrament and that Importers or Makers of Arms Powder c. shall pay no Taxes and that in the next Congregation Embassadors be appointed to be sent to the Pope the Emperor and the Kings of France and Spain and that a Clergyman or a Lawyer be of the Quorum in every Embassie and that part of the Church-Livings be given to the Clergy and the rest to support the War and that Two Confessors and One Preacher be appointed for every Regiment c. And afterwards viz. on the Twenty fourth of October there was a General Assembly of the Lords Spiritual and Temporal and others the Representatives of the Confederates at Kilkenny and they likewise made many Ordinances mention'd at large Burlace Appendix 8. which are to this effect That the Popish Church in Ireland shall enjoy all Privileges according to Magna Charta and that the Common Law of England and all Statutes not inconsistent with the Freedom of Religion and the Liberty of the Subject be of force That Allegiance shall be continued to the King and His Prerogatives supported That the Law shall be executed as well as the Circumstance of War and the Absence from Dublin will permit That a Supreme Council of Twenty four be establish'd whereof Twelve constantly to reside and One of them to be President and Nine to be a Quorum of which Seven must concur to make any Vote obligatory and if a greater Number be present Two thirds must agree This Council shall have Authority over all Officers Civil and Military shall name Sheriffs Supreme Provost-Marshals c. and may do any thing for the Advantage of the Cause and determine Causes Capital and all other Matters except Title of Land and shall have a Guard of Five hundred Foot and Two hundred Horse That there be also Provincial and County Councils the former may receive an Appeal from the latter and may try Causes as Judges of Assize and Gaol-delivery use to do but must not meddle with Title of Land except Dowers and Jointures And the County Council shall have the Power of Sessions of Peace and an additional Authority to determine Personal Actions That the Sheriff in every County be Provost-Marshal and may execute any Man not worth Five pounds for any Capital Offence giving the Offender Twenty four Hours time to prepare his Soul And that no Temporal Government or Jurisdiction shall be assumed kept ☞ or exercised in this Kingdom or within any County or Province thereof during these Troubles other than is before expressed except such Jurisdiction or Government as is or shall be approved by the General Assembly or the Supreme Council And that every body quit the Possessions he hath wrongfully gotten and to avoid Debate that all Estates continue as they were possess'd for Three years last past unless the Title be determin'd or redeem'd and that to avoid all Distinction of Nation any British Papist that was so before this War and will come and reside in Ireland shall be privileg'd in a Third part of the Publick Taxes And that no Distinction or Comparison be made between Nations Provinces or Towns and that all New Converts be esteemed as Catholick Natives and that an Inn of Court be erected here and that Cess and Coyn and Livery be punish'd And no Soldiers shall be paid or relieved by the Country but such as are in the Marshal's List and none to be Billetted but by the Constable And that Free-Schools be erected in every Province And that the King's Revenue and the Enemies Rents be collected and dispos'd of by the Provincial or Supreme Council for His Majesty's Use and Service And that Popish Impropriators may retain their Tythes till that Matter be setled in Parliament And that there be Collectors of Publick Money in every County And that the Popish Wife of an Enemy shall have her Jointure and sue and be sued as if her Husband were naturally dead ☞ And that the Possessions of the Protestant Clergy in Right of the Church shall be deemed the Possessions of the Catholick Clergy And that no Man imprison'd by one Council shall be inlarg'd by another And that no Protection be given to the Enemy or their Servants with-without special Order That Merchants and their Ships be protected in their Importations and that Commissioners be appointed in every Port to view the Arms and Ammunition that shall be imported and to certifie the same to the Supreme Council That Fugitive Soldiers be sent to their respective Commanders That the Estates of Neuters and Enemies do first pay their Debts to any of the Confederates before any of it be put into the Publick Stock and that no Soldier meddle with an Enemies Lands or Goods without Order And lastly That the * * Append. 14. Oath of Association be taken solemnly after Confession and the Sacrament in the Parish-Church and the Names of all Persons of Rank and Quality that take the same to be enroll'd The Assembly did also 25 October order Proclamation to be made to invite all the Adherents of the English of what Nation soever to come from them over to the Confederates by the Last of November and 27 October they ordered a Seal to be made and 28 October they appointed a Committee to inquire how Money and Ammunition come from Foreign Parts hath been disposed of and that Mr. Baron bring in Writing the Propositions and Messages from Foreign Parts to him committed by the Pope's Nuncio and others and 29 October they appoint Auditors of the Account of Moneys received and what hath been made of Protestants Rents Goods or Chattels and that the Enemy be not called Protestants or English but the Puritanical or Malignant Party and 30 October they order That no Man be privileg'd from Contributing to the Maintenance of the Catholick Army On the First of November they appointed the Lords of Castlehaven and Gormanstown Doctor Fennell Colonel Dermond O Bryan Sir Lucas Dillon Sir Phelim O Neal Thomas Burk Richard Martin Feigh O Flin Richard Beling Adam Cusack James mac Donell Patrick Crelly Rory Macguire Patrick Darcy and all the Lawyers to prescribe a Form of Government And 2 November they order Philip Hore to Account for 120 l. received of the Gentry of the County of Dublin to buy Arms And 4 November That the Prelates enjoyn the Priests to administer the * * Append. 14. Oath of Association to every Parishioner and to take his Subscription thereunto And 11 November That the Supreme Council shall manage the Admiralty And 13 November That the next Assembly shall be on the Twentieth of May next unless the Supreme Council find cause to convoke it sooner and that Thirty thousand Pounds be levied on Leinster by
it was before The Protestants considered the necessity of this Tax and patiently submitted to it but the Papists made all the opposition they could but in vain for there was no other way left and this it self was not sufficient to prevent the mutiny and the ruin of the Army All these things tended to draw on the Cessation which the Marquess of Ormond by His Majesties Letter of the Twenty third of April was ordered to make with the Irish and was by a Second Letter from His Majesty of the Third of May brought to him by Mr. Brent pressed to hasten and by a Third Letter of the Second of July and a Fourth of the Seventh of September he was farther importuned in that Matter nevertheless there was a Party in the Council upon whom the Villanies of the Rebels had made so deep an Impression that they could not endure to hear of any Treaty with the Confederates and therefore the Marquess of Ormond on the Twenty second of June made a Motion in Council which is Entered in the Council-Book as followeth viz. By the Lords Justices and Council Jo. Borlace Hen. Tichburne THE Lord Marquess of Ormond this day moving at this Board that if Ten thousand Pounds may be raised whereof the one half to be in Money and the other in Victuals and to be brought in within a Fortnight that his Lordship would in such Case proceed in the War and immediately endeavour to take in Wexford and forbear to prooceed in the intended Treaty of Cessation of Arms with the Rebels It was thought fit to call before Us the Mayor of this City of Dublin and others who appearing We had Conference with them at this Board concerning the same and find that such is the Poverty of this Place and People as that Sum of Money or Proportion of Victual cannot be raised Given at His Majesties Castle of Dublin 22d June 1643. La. Dublin Roscommon Edw. Brabazon Char. Lambert Adam Loftus William Parsons Thomas Lucas Francis Willoughby G. Wentworth But whether they thought that Supplies would be sent from England or that they were willing to struggle with any Extremities rather than to have Correspondence with the Murderers of their Friends and Relations and the Plunderers of themselves it is certain that Part of the Council still continued averse to the Cessation Hereupon Sir Robert Meredith Sir William Parsons Sir John Temple and Sir Adam Loftus were Committed to Prison by His Majesties Order on the Second of July and on their Petition they were refus'd to be Bayl'd but they had the Liberty of the Castle with a Keeper But on the 4th of July the Lords Justices and Council received a smart Letter from the two Houses of Parliament in England taxing them with Publishing That their present Difficulties were occasioned by the Failures of the English Parliament To which they returned as Tart an Answer on the Twenty eighth of October importing That they gave full frequent and seasonable Notice of all their Wants from time to time to the English Parliament and therefore did not know where else to lay the blame In the mean time there hapned a pleasant Passage on the Eighth of July at which time the Lords Justices and Council sent a Message in writing to the Confederates Purporting that if the Rebels would release Captain Farrer they would exchange Captain Synot for him but the Confederates were so distasted at the word Rebels that they sent back this Answer We do not know to whom this Certificate is directed and we will avow Our selves in all Our Actions Bur. 128. to be His Majesties Loyal Subjects neither shall it be safe henceforth for any Messenger to bring any Paper to Us containing other Language than such as Suits with Our Duty and the Affections We bear to His Majesties Service wherein some may pretend but none shall have more real Desires to farther His Majesties interest than His Majesties Loyal and Obedient Subjects Mountgarret Muskery Fr. Thom. Dublin Malachias Tuamen Castlehaven Audley R. Bealing Torlo O Neile Patr. Darcy And it is observable Lords Justices Letter of 29. July 4● that Sir John Netervill being indicted of Treason Petitioned the King setting forth that his Witnesses were forced by the Rack to swear more than was true and instances Cornelius Moran and that his own Examination was mutilated of all Matters that might excuse or lessen his Crime but upon Search it appeared that Cornelius Moran was not made use of as an Evidence against him at all and that the Clauses he mentioned to be expung'd were found uncancell'd in his Examination It seems that the Treaty about the Cessation so influenced the Army that it did little this Summer only Colonel Monk on the 27th of June issued out with a Party of Thirteen hundred Foot and 140 Horse and he had the good Fortune at a Pass on the Boyne near Castlejordan to encounter Four thousand Irish Foot and Six hundred Horse under General Preston and to get the better of them however for want of Provisions he was fain to march to Wickloe and was afterwards Commanded thence into Meath to attend Owen Roe O Neal whose Army was near Portlester and there he joyned the Lord Moor who was Commander in chief of this Party and tho' it did not come to a Battel yet the valiant Lord Moor was unfortunately Slain by a Shot from a great Gun not many days before the Cessation was concluded Neither was there much done in the rest of the Provinces for the same Reason but the little that was done ought to be mentioned before we touch the Cessation that so we may take that Treaty entire And first in Munster the Lord of Insiquin divided his Army in the beginning of May and himself marched westward Battel of Killworth whilst Sir CHARLES VAVASOR went Eastward and took Mac Thomas's Castle and other Castles in the County of Waterford But on the Twenty seventh of May the Army to the number of Four hundred Horse and Four thousand Foot rendevouzed at Bottivant from whence Lieutenant Colonel Story with Two hundred Horse and Twelve hundred Foot was detached into Kerry where they got a Considerable Prey and also rescued some English and on the Twenty eighth the Lord Insiquin with the rest of the Army marched to Killmallock and ranged to and fro thereabouts whilst on the Thirty first of May Sir Charles Vavasor with another Detachment attacked the strong Castle of Cloghleagh which he took on the Third of June but on the Fourth of June by great negligence and want of Conduct he was well beaten by the Earl of Castlehaven on the Plain between Formoy and Killworth and Six hundred English were there slain and Sir Charles and others were taken Prisoners which was a just Judgment upon them for suffering some inferiour Officers to violate the Quarter they had given to the Garrison of Cloghleagh and by this Considerable Victory the Rebels were so elevated that they made a brisk
Parliament take Advantage to incense the English against the King Queen and Prince if we should shut all our Doors against them That the Pope has sent the Irish Forty Thousand Pistols and Mazarine will send Six Thousand more c. These Letters being read Mr. Baron said his Embassy was on two Points First To excuse the not sending Three Thousand Men to the King of France according to Promise which he had done to Content and the second was to sollicit Aids from the Queen which at first she promised sufficient to bring the War to the wished Period but at the second Audience she was quite off from it being so persuaded by her Protestant Councillors And that Cardinal Mazarine sent them Twelve Thousand Livres which is all he could procure The year 1647. 1647. began with the * * March 30. Arrival of Colonel Castle 's Regiment which was sent by the Parliament to the Marquis of Ormond's Assistance and was followed by Colonel Hungerford's * * April 30. Regiment and Colonel Long 's and by the Commissioners themselves who landed the 7th of June and brought with them 1400 Foot and 600 Horse and immediately they proceeded to the Treaty which was on the 18th of June concluded on the Articles mentioned Appendix 39. And the same day the Marquis of Ormond Extrema necessitate compulsus says Mr. Beling page 47 surrendered Dublin Tredagh and his other Garisons unto them but kept the Regalia until the 25th of July and then delivered up them also and went to England This Action of the Marquis of Ormond's hath some Resemblance to that of King Henry the 7th in marrying his eldest Daughter to the King of Scotland they were both Actions of great Foresight and Prudence and as the later hath united Scotland to the rest of Great Britain so the former hath preserved Ireland in obedience to the Crown of England and therefore the Confederates especially the Nuncio Party whose Designs were diametrically opposite to that which happened do hate the Name of Ormond above all others and have written * * Deserter of Loyal Friends by Bishop of Fernes and Vindiciae eversae by John Ponse and the bleeding Iphigenia c. Volumes of Scandals and unjust Reproaches against him for preferring the English before the Irish whom they call his own Country-men But we must look back and see what the Confederates did to prevent this Agreement with the Parliament and in truth they did but little of themselves for their Talent was greater in breaking Articles of their own making then those that were made by others I cannot find they did any thing more than send a Letter of the 28th of March to Invite the Lord of Dunsany and Sir Nicholas White to a Conjunction with them and with part of their Army besiege the Castle of Carlow on the 18th of April of which last Ormond immediately sent notice both to the Lord Lisle in Manster and to Monroe in Ulster in hopes that they would make some Excursions to save the place by Diversion which they could not and so it was surrendered upon Articles But there happened a lucky opportunity if they would have embraced it of making a Peace with the King notwithstanding that some of the Parliament Succors were arrived for the Parliament Commissioners when they came over brought Bills of Exchange that were not authentick and in the mean time Winter Grant a Papist and a subtile Man was sent over to Ireland by the Queen to hasten a Peace if possible and his Instructions in order to it were to be varied used or rejected as the Lord Lieutenant upon the place should think fit and to deliver or suppress the Letters he had to the Nuncio and to the Confederates as Ormond should advise by whom he was to be governed in all things and he brought with him 14 Blanks to be filled up as the Lord Lieutenant should please and he was to know Ormond's Opinion whether the Prince should come to Ireland or not Hereupon Winter Grant on the 15th of April went to the Supreme Council with Directions to promise the Confederates That if they agree to a Cessation the Lord Lieutenant will not receive any more of the Parliament Forces in three weeks from the 18th Instant but they would not consent to so short a Truce but on the 10th of May they did write That they must insist on the Propositions of the Congregation at Waterford but are willing to make good the Propositions made by Dr. Fennel and will readily assist to preserve Dublin for the King against the Parliament And it seems they had wrought upon Winter Grant for he by his Letter of the 13th of May presses the Conclusion of the Peace and offers that the Irish Armies shall drive back the Parliamentarians But to these Instances Ormond returned this Answer to Mr. Grant on the 15th of May That the two first of Dr. Fennell's * * See them ante Page 185. Propositions are fit between Neighbouring Princes in a League Offensive and Defensive but not between Subjects and their King and that there is no possibility of a Peace whilst they insist on the Propositions of the Congregation at Waterford and that these feigned Offers are for vile Ends either to Calumniate if we dont or Deceive us if we do Accept them However he wrote more moderately to the Confederates but they never vouchasafed to send him a Reply And it ought to be noted That the Lord Lieutenant carried himself so well in this matter that even the Queen and Prince did approve of what he had done and in evidence thereof afterwards sent him over to the Government of Ireland anno 1648. and Sir Robert Talbot Mr. Oliver Darcy Mr. Beling and Mr. Thomas Dungan did confess to the Lord Digby That Ormond could not avoid doing as he did which I should not have mentioned Vindiciae eversae 48. but that some of the Confederates in word and in writing with the greatest Malice and Bitterness imaginable without considering the King's Directions in the Case or the insuperable Necessity of that Action have accused the Marquis of Disloyalty in delivering up the King's City and Sword to His Majesty's Enemies and for saying Si alterutris ex perduclibus necessario tradenda essent se Anglis potius quam hibernis consignaturum Vindiciae eversae 63. That if he must surrender it to any of the Rebels he would rather do it to the English than the Irish But perhaps a curious Reader may be inquisitive to know the Mystery of Ormond's keeping the Regalia almost five weeks longer than he did the City and it was this There were many Anti-Nunciotists amongst the Confederates who were willing to leave the Kingdom and be transported into France under the Command of the Marquis of Ormond and Monsieur Talon was every day expected with French Ships to that purpose but he did not come within the time and after it was expired Ormond could
not obtain license for their Transportation from the Parment tho it seemed to be their Interest to get so easily rid of so many Enemies But it is time to attend the new Governors and see how they handle the Irish and manage their Affairs One of the first things they did was to reduce the eleven old broken Regiments to seven under the Earl of Kildare the Lord Moor and the Colonels Titchburn Borlace Willoughby Bayly and Flower and then they made Colonel Michael Jones Governor of Dublin and Commander in chief of the Province of Leinster and on the 20th of June they did by their Proclamation strictly prohibit the Exactions and Free Quarter of the Army whereupon the Soldiers grew so mutinous that Mr. Annesley and Sir Robert King were obliged to quit the Kingdom for a time for fear of Violence and by another Proclamation of the same date they prohibited the use of the Common Prayer which occasioned an excellent Petition or Declarat on from the Episcopal Clergy to be found at large Burlace Appendix 94. And it is fit we should also enquire how the valiant Confederates who did insult so sawcily on the Necessities of an Imprisoned King did behave themselves against the more powerful Parliament and indeed they began pretty well at first though they paid dear for it afterwards for General Jones having marched some Men out of Dublin was met by General Preston within 12 miles of the City and beaten back again whereupon Preston whose Army was 10000 strong possessed himself of most of the Out-Garisons even to within 8 miles of Dublin and then went to besiege Trim wherein lay a Regiment of Foot and some Horse under Colonel Fenwick To relieve this place by diversion Jones on the 17th of July marched out of Dublin with 1000 Foot and 400 Horse and burned Castlemartin and took good Prey from Castlebawne but the Irish fell upon his Rear near Johnstown and killed Captain Meredith a Gentleman of clear Valour and great Hopes and several others and had destroyed them all if this Retreat had not been managed with excellent Conduct and extraordinary Courage And though some Men's Courage like a Fever proceeds rather from Distemper than Constitution and acts distractedly whilst it is in ferment but is soon allayed and suppressed yet true Valour is like Fire the more Oyl is cast upon it the more it flames and true Fortitude is so far from being daunted by Adversity that it is rather thereby stimulated to new Encounters And thus it was with Jones who disdained these Baffles he had received from the Irish and was resolved to regain his Reputation and retrieve the Glory of his Nation or dye and accordingly on the first day of August he drew out two Regiments of Horse and 3800 Foot half starved Soldiers that were ready to mutiny for want he had also some Artillery and what else he thought requisite to relieve Trim. But Preston having notice of this March raised the Siege and designed to get between the English and Dublin and so to have surprized that City whilst the other relieved Trim but Jones being reinforced by Sir Henry Tichbourn from Tredagh and Colonel Moor from Dundalk Colonel Conway and some Scots and others from Newry Carling ford c. amounting in all to 700 Horse and 1200 Foot followed Preston who besides what the Lord Dillon of Costilogh and the two Nugents brought him had effectually 7300 Foot and 1047 Horse and overtook him at Dungan Hill Battel of Dungan Hill where it came to a fair Battel on the 8th of August and Jones by plain Valour and downright Blows obtained the greatest and most entire Victory that had been gained during the War for there were slain on the place 5470 Men besides many that were gleaned up afterwards amounting in all to 6000 and there were 5 Colonels and 4 Lieutenant Colonels 6 Majors 32 Captains 23 Lieutenants 27 Ensigns 2 Cornets 22 Sergeants 2 Quartermasters 2 Gunners the Clerk of the Store 13 Troopers and 228 Common Soldiers taken Prisoners the Cannon and Carriages and 64 fair Oxen for the Train were also taken and which is most strange there were not above 20 English men slain in this fierce Encounter which happened that very day Twelve-month the Nuncio and Clergy at Waterford had broken the Peace of 1646 and therefore Mr. Beling reckons this Defeat as a Judgment on the Irish for their perfidious breach of that Peace The reason of so great a Slaughter was because the Irish Foot fled to a Bog and the English surrounded it and so had the killing of them all and indeed the extraordinary Valour of Major James Clotworthy ought not to be forgotten for he not only killed the Cannonier just as he was ready to fire but also tought so desperately that his Horse received 17 wounds and was killed and himself had two Shot in his Armour Upon this Defeat the Irish quitted and burnt Naas Sigginstown Collanstown Castlewarding and Moyglare and had been forced to quit more but that Pay and Provision grew so scant that the Army was fain to return to Dublin where 1500 l. was newly arrived and not long after greater Supplies were sent over together with 1000 l. for a Present to General Jones for his extraordinary good Service But that which is prodigiously Strange and almost Incredible is That the Nuncio the Clergy and the old Irish did rather rejoyce than grieve at this Misfortune of Preston's for his Army were old English of the Pale and but half-pac'd Nuncio●ists so that they could hardly be trusted And now the Clergy were rid of them by this Defeat and Owen Roe who was their Darling became General of the three Provinces and under him Sir Thomas Esmond commanded the Foot and Colonel Peirce Butler the Horse in Leinster Lieutenant General Farrel and Henry O Neal in Conaught and Major General O Neal and Sir Philem O Neal in Ulster And though Preston did pretend to recruit his Forces yet it was so faintly and slowly that small regard was had of him Owen Roe being thus qualified marched to visit his Province of Leinster and Jones being recruited at Dublin and afterwards joyned with Monk at Trim In October marched forward to face him but the Irish General was more cunning than to fight and lose all his Army at once as Preston had done and for which Owen Roe often laughed at him and therefore suffered the English to take Ashboy and Portlester and some other small places even whilst he looked on and so being loaden with Prey and Pillage Jones and Monk returned the one to Dublin any the other to Ulster And not long after Jones marched with Borlace's and Willoughby's Regiments into the County of Wicklow November 24. to settle them in Wicklow and Newcastle but in his absence Owen Roe burnt the Country from Castleknock to Drogheda and so near to Dublin that 200 Fires were discerned from St. Ann's Steeple in that City But it is time
him And having setled the Civil and Military Affairs at Dublin and mustered and rested his Army he committed that City to the Government of Sir Theophilus Jones and on Friday the 30th of August marched out with 10000 Men and on Munday the 2d of September he came before Tredagh This Town being very considerable and esteemed pretty strong was the chief care of the Lord-Lieutenant who omitted nothing that was possible to fit it for a Siege the Garrison he put in it was part of his own Regiment under Sir Edm. Venry 400 Coll. Birn's Regiment 400 Coll. Warren 900 Coll. Wall 800 Lord of Westmeath 200 Sir James Dillon 200 and Horse 200 amounting in all to 2900 Foot and 200 Horse besides 500 Foot that he sent in under Lieutenant-Collonel Griffin Cavenagh together with 500 l. in Money whilst Cromwell lay before the Town And over these he placed a Governour beyond exception Sir Arthur Aston formerly Governour of Reading and afterwards of Oxford a Souldier of great Reputation and Experience It is needless to make a long story of a short Siege and therefore it will be enough to say That altho' the Governor had assured the Lord-Lieutenant That he would find the Enemy play and that the Garrison being select Men was so strong that the Town could not be taken by Assault and therefore advis'd Ormond then at Trim to hazard nothing by precipitating to his Relief Yet Cromwell who besieged the Town but on one side and without the formality of regular Approaches began his Battery on the 9th of September and the very next day at five in the evening stormed it and altho' his Men were twice beaten off and Collonel Cassels slain yet he led them on himself the third time and carried the Town and put most of the Garrison to the Sword and the rest being not above thirty he sent to Barbadoe's This terrible Execution so frightned the rest of the Garrisons that Dundalk immediately submitted and so did some other Castles near Trim and then Cromwell returned to Dublin But one thing is very remarkable and ought not to be omitted and that is That tho' there were several Protestants in the Town yet were the Popish Souldiers so insolent and so unjust to their Protestant Companions even in the midst of their Adversity that on Sunday the 8th of September they thrust the Protestants out of St. Peter's Church in Drogheda and publiquely celebrated Mass there tho' they had Monasteries and other convenient places besides for that purpose And suitable to this is that which the Bishop of Derry in his Letter of the 9th of October affirmed to the Lord-Lieutenant viz. That the Earl of Roscomon being then dead at Limerick they were fain to be very private in their Devotions and doubted whether they should be permitted to use Funeral-Rites even privately in the Chamber But why do I instance such Trifles after the Earl of Orrery has assured us that an Irish General told the Lord-Lieutenant at Kilkenny That if the King came there in person he should not be allowed a Church to celebrate his Devotion in To which his Excellency replied That he hoped to see all of that mind without a Church to say Mass in Ireland In the mean time the King who from the Hague had written the 2d April 1649 that he designed speedily for Ireland and had accordingly been preparing for that Voyage did now by his Letters of the 29th of August assure the Lord-Lieutenant That he is not discouraged by the Defeat at Rathmines but still designs for that Kingdom if his Lordship thinks fit And his Majesty did also by his Letters of the 17th of July from St. Germans order 800 l. per an out of the forfeited Estates to be setled on General Preston and to create him Viscount Taragh and accordingly that General did pass Patent for the Estate of Francis Viscount Mountnorris Father of the late Earl of Anglesey and on the 2d day of July 1650 he pass'd Patent for his Honour But Cromwell having Cashiered the seven old Regiments form'd by the Parliament Commissioners Anno 1647 and setled Affairs in Dublin to his mind left Collonel Hewson Governor of that City and marched South-ward through the County of Wicklow and having taken Arklow Fernes Insscorfy and some other lesser places and a good quantity of Provisions in a Monastery deserted by the Fryers he came before Wexford on the first day of October and immediately Summon'd the Town The Governour Collonel David Synot did thereupon send out a Messenger with Proposals of Surrender but indeed so high and extravagant as manifested his design was but to gain time by the Parly as he did until the Earl of Castlehaven found means to put a Regiment of Foot into the place and within three days after the Marquess of Ormond sent in Sir Edmund Butler and 1000 Men more all Papists for the Town 's Men would admit no other Nevertheless it so happened that within two hours after these last Recruts were come in and whilst more were wafting over the Ferry Captain James Stafford a Papist surrendered the Castle of Wexford to Cromwell upon Articles whereupon the Guns thereof were immediately turn'd upon the Town at which both Souldiers and Inhabitants were so frightned that they quitted the Walls and endeavoured to escape over the River But the Cromvelests perceiving their Cowardize presently clapt Scaling-ladders to the Walls and took the Town by Storm and put all they found in Arms to the Sword to the number of 2000 Men and Sir Edmond Butler himself was shot in the head as he was swiming over the River But we must attend the Lord-Lieutenant and enquire what he did towards the Defence of the Kingdom and we shall find that he did all that was possible for one in his circumstances his main dependance was upon the Conjunction of Owen Roe's Forces and the bravery of the Lord of Insiquin's Horse and in expectation of some good effects from these he staid at Trim during the Siege of Tredagh designing as soon as Owen Roe should come up to endeavour to raise that Siege but that General did not come in time the Agreement with him not being finished until the 12th day of October upon the Tearms mentioned by P. W.'s Remonstrance 597 and Insiquin's Cavalry being most of them English-men did not care to fight against their Friends and Country-men and therefore daily revolted to Cromwell even by Scores and Squadrons which drew that Lord back again to secure his Garrisons in Munster which about this time began to Mutiny However after Tredagh was taken Ormond put a good Garrison into Trim and endeavoured to Rendezvouz his Forces at Kilkenny he press'd Wexford to accept of a Garrison but they would have none except a few Companies of their own chusing under Lieutenant-Collonel Synot who was a Creture of their Bishop of Fernes Nevertheless the Lord-Lieutenant omitted nothing within his power for their Defence but as he heard of Cromwell's
compared with the Certificates here Also prevent the abuse in Coyning Vending annd Vttering small Moneys 14thly Endeavour to bring all to a Conformity in the Religion by Law Established and acquaint us with what difficulties you meet with therein 15thly Inspect our Forts Castles Magazines and Stores and endeavour to make Salt-Petre 16thly We are informed That small Profit hath heretofore come to our Exchequer by Castle-Chamber Fines tho Misdemeanors proper for punishment in that Court were many we would therefore have you look into the reasons thereof and to resettle and uphold the Honour and Jurisdiction of that Court for the repressing exorbitant Offences wherein our Learned Council are to do their Duty faithfully 17thly The Vice-Treasurer or his Deputy to receive all Money 18thly Reduce the Moneys there to the condition of Sterling and establish a Mint there 19thly Finding some Propositions of the Duke of Ormond recorded in the Register of Council-Causes 1662. fit to be observed we have renewed them with reference to your Government therefore observe them Lastly Several Popish Clergy since the return of the Duke of Ormond hither have exer●●ed their Jurisdictions to the great grief of the Remonstrants If so execute the Laws against the Titular Archbishops Bishops and Vicar-Generals that have threatned or excommunicated the Remonstrants and that you protect such Remonstrants as have not withdrawn their Subscriptions These were the publick Instructions but the Administration of the Government seem'd to have another Foundation for now the Mystery of Iniquity began to appear and the Papists were publickly countenanc'd and indulg'd in Ireland many of them got into the Commission of the Peace and it was attempted also to bring them into the Army but Matters not running so smoothly as the Lord Lieutenant expected he returned to England for new Instructions and left the Government in the Hands of the Lord Chancellor and Sir Arthur Forbus Lords Justices who were Sworn on the 12 th of June and continued in that Office until his Excellency's return which was on the 23 d day of September 1671. In the mean time on the 21 st of February 1670. Collonel Richard Talbot Petitioned His Majesty in the behalf of His most distressed Subjects of Ireland who were outed of their Estates by the late Vsurped Powers which Petition was referr'd to a Committe of the Council to Examine and Report and a State of their Case was given to the Committee in Writing Whereupon on the 28 th of January the Kings Solicitor attended the Committe at the Council-Chamber His Majesty being present and there the Petition and Talbot's Commission from the Irish the State of their Case and the Paper of Instances were read On the 1 st of February the King being present Sir George Lane was call'd in and the first Instance being the Case of Mr. Hore was objected against him but Sir George baffled the Petitioners in that Matter and having prov'd an Agreement with Mr. Hore which His Majesty was pleased to say He remembred That Affair was clear'd to the satisfaction of the King and the Committee much contrary to the Expectation of the Petitioners who perhaps had prevail'd with the King to be there that he might be an Ear-witness of the Wrong that was done them But the King being weary of such Debates did on the 4 th of February in Council appoint the Lords Buckingham Anglesy Hollis and Ashley and Secretary Trevor or any three of them to be a Committee to Peruse and Revise all the Papers and Writings concerning the Settlement of Ireland from the first to the last and to take an Abstract of the State thereof in Writing And accordingly on the 12 th of June 1671. they made their Report at large which was the Foundation of a Commission dated the 1 st of August 1671. under the great Seal to Prince Rupert the Dukes of Buckingham and Lauderdale Earl of Anglesy Lords Ashley and Hollis Sir John Trevor and Sir Thomas Chichly to Inspect the Settlement of Ireland and all Proceedings from first to last in Order thereunto And this was followed by another Commission of the 17 th of January 1672. to Prince Rupert Earl of Shaftsbury the Lord Treasurer Clifford and others amongst whom the Dukes of Ormond was one to inspect the Affairs of Ireland viz. the Acts of Settlement and Explanation and the Execution of them and the disposing of Forfeited Lands and the State of His Majesties Revenue c. But how specious soever the Pretences were for these Commissions the secret Design was to unravel the Settlement and to humble the Duke of Ormond upon whom they always fell when the Popish Interest prevailed for otherwise the pretended Grievances if they had been really true were few and small and it were much better for the publick That even greater Irregularities than were complain'd of should remain unremedied than that the great and common Security of the Nation should be shaken And of this Opinion was the Parliament of England who always concern'd themselves effectually for the English Interest and the Protestant Religion in Ireland and accordingly on the 9th day of March 1673 they Address'd to His Majesty as followeth And this Address occasion'd that the aforesaid Commission of Inspection was Superseded on the 2d of July 1673. WE Your Majesties most Loyal Subjects the Commons in this Present Parliament Assembled taking into Consideration the great Calamities which have formerly befallen Your Majesties Subjects of the Kingdom of Ireland from the Popish Recausants there who for the most part are profest Enemies to the Protestant Religion and the English Interest and how they make use of Your Majesties Gracious Disposition and Clemency are at this time grown more Insolent and Presumptuous than formerly to the apparent Danger of that Kingdom and Your Majesties Protestant Subjects there the consequence whereof may likewise prove very fatal to this Your Majesties Kingdom of England if not timely prevented And having seriously weighed what Remedies may be most properly applied to those growing Distempers do in all Humility present Your Majesty with these our Petitions 1. That for the Establishment and Quieting the possessions of Your Majesties Subjects in that Kingdom Your Majesty would be pleased to maintain the Act of Settlement and Explanatory Act thereupon and to recall the Commission of Enquiry into Irish Affairs bearing date the 17 th of January last as containing many new and extraordinary Powers not only to the Prejudice of particular Persons whose Estates and Titles are thereby made liable to be questioned but in a manner to the overthrow of the Acts of Settlement and if pursued may be the occasion of great Charge and Attendance to many of Your Subjects in Ireland and shake the Peace and Security of the whole 2. That Your Majesty would give order that no Papist be either continued or hereafter admitted to be Judges Justices of the Peace Sheriffs Coroners or Mayors Sovereigns or Portreeves in that Kingdom 3. That the Titular Popish Archbishops
the Archbishop of Firmano Apostolick Nuncio in Ireland UPON the Question moved among us and Debated for many Days Whether they are to be declared as Perjur'd who do receive the Peace contained in the Thirty Articles transmitted to us by the Supream Council and if they be to be Excommunicated as Perjur'd Persons The Reasons and Opinions of every one being first heard and the Writings of some Doctors of Sacred Theology read It is Decreed Nemine Contradicente That all and every one of the Confederate Catholicks who shall adhere to the like Peace or shall consent to the Maintainers thereof or otherwise embrace the same be held Absolutely Perjur'd especially for this Cause That in those Articles there is no mention made of the Catholick Religion and the security thereof nor any care had for the Conservation of the Priviledges of the Country as is found promis'd in the Oath but rather all things are refer'd to the pleasure of the most Renowned King from whom in his present State nothing of certainy can be had and the Armies and Arms and Forts and even the Supream Council of the Confederate Catholicks are Subjected to the Authority and Rule of State and Protestant Ossicers of His Majesty ☞ from whom that we might be secure we took that Oath For which and many other causes we being moved only in our Consciences and having God only before our Eyes that it may be known to all and singular as well Irish as Foreigners that we have neither given nor shall give consent to such a Peace unless secure Conditions may be added for Religion and for the King and for the Country according to our Oath and that our Flocks and all Confederate Catholicks who in General Assemblies sometimes desired our sentence in this Spiritual Affair as only belonging to the Ecclesiastical Judge may assuredly know what hath been by us determined that in that Sense they as Pious and Faithful Catholicks may concur We have commanded this Decree to be Written and in all Places published in the English and Irish Tongues and have firmed it with our Hands and Seals but the other Question of Excommunication we have reserv'd to the next Session Dated at Waterford the 12 th of August 1646. Jo. Baptista Firmanus Nuncius Apostolicus Fr. Tho. Dublin Tho. Cassiliensis Fr. Boetius Elphin Fr. Patricius Waterford c. Lismore Jo. Laonensis Jo. Clonfertensis Fr. Edm. Laghlensis Rich. Ardfertensis Accadens Franciscus Aladensis Edm. Limiricensis Emerus Cloghorensis Nicholaus Fernensis Fr. Jacob Conaldus Abbas Benchonan Fr. Patr. Plunket Abbas B. M. Dublin Fr. Lan. Fitzharris Abbas de Sur. Fr. Jo. Cantwell Abbas de S. Cruce Fr. Jacobus Tobin Abbas de Kilcool Rob. Barry Vic. Apost Rossen Donaldus O Gripha Funiburiensis Fr. Geo. Farrell Prior Provinc Ordin Predicator Fr. Dionisius O Driscol Prior Provincial Eren●it S. Aug. Edm. O Teig Procurator Illustrissimi Armachani Gualter Linch Vicar Apost Tuam Gulielmus Burgat Vic. Apost Ima●ciensis Jacob Dempsy Vic. General Kildariensis Cornelius Gafneus Ardensis Vic. General Ol. Dese Vic. General Midensis Dominicus Roch Vic. General Corcag Simon O Connory Vic. General Cluanensis Edm. Giraldinus Vic. General Cluanmacnoise Carolus Coghlan Vic. General L Robertus Nugent Superior Societatis Jesu Fr. Anthonius Macgohigan Procurator Provincialis Fratrum Minorum Fr. Barnabas Barnwell Commissarius General Capucinorum Append. XXXI By John Baptist Rinuccini Archbishop and Prince of Firmo and by the Ecclesiastical Congregation of both Clergies of the Kingdom of Ireland A Decree of Excommunication against such as adhere to the late Peace and do bear Arms for the Hereticks of Ireland and do Aid or Assist them NOT without cause saith the Oracle of Truth doth the Minister of God carry the Sword for he is to punish him that doth Evil and remunerate him that doth Good Hence it is that we have by our former Decrees declared to the World our Sense and just Indignation against the late Peace concluded and published at Dublin not only i● its nature bringing prejudice and destruction of Religion and Kingdom but also contrary to the Oath of Association and withal against the Contrivers and Adherers to the said Peace in pursuance of which Decrees being forced to unsheath the Spiritual Sword We to whom God hath given power to bind and loose on Earth Assembled together in the Holy Ghost Matt. 16. 18 19. tracing herein and imitating the Examples of many Venerable and holy Prelates who have gone before us and taking for our Authority the Sacred Canons of holy Church John 20. 23. grounded on holy Writ Vt tollantur e medio nostrum qui hoc opus faciunt Domini nostri Jesu deliver over such Persons to Satan that is to say We Excommunicate Execrate Anathematize all such as after the Publication of this our Decree and notice either privately or publickly given to them hereof shall Defend Adhere to or Approve the Justice of the said Peace and chiefly those who bear Arms or make or joyn in War with for or in behalf of the Puritans or other Hereticks of Dublin Cork Youghall or other Places within this Kingdom or shall either by themselves or by their appointment bring send or give any Aid Succour or Relief Victuals Ammunition or other Provision to them or by Advice or otherwise Advance the said Peace or the War made against us Those and every of them by this present Decree We do declare and pronounce Excommunicated Ipso facto ut non Circumveniamini a Satana non enim ignoramus Cogitationes ejus Dated at Kilkenny in our Palace of Residence the 5th day of October 1646. Signed Johannes Baptista Archiepiscopus Firmanus Nuncius Apostolicus de Mandato illustrissimi Domini Nuncii Congregationis Ecclesiasticae utriusque Cleri Regni Hiberniae Nicholas Fernensis Congregationis Cancellarius Append. XXXII General Preston's Engagement the 21st of October 1646. I Thomas Preston General of the Forces of the Confederate Catholicks of Ireland raised in the Province of Leinster do Swear and Protest that I really intend and will to the uttermost of my power sincerely and effectually prosecute the Service wherewith I am intrusted by the Council and Congregation of the said Confederate Catholicks in the imployment of General of Leinster and particularly in the present Expedition and Design upon the Enemy in the City of Dublin and to that end will to the best of my skill and knowledge Direct Guide Order and Advance with the Army under my Command and will to the uttermost of my Power Use and Exercise all Acts of Hostility against the Lord Marquess of Ormond and his Party when where and as often as I may and them Annoy and Indammage as much as in me shall lie and that I will with all Reality Diligence and Sincerity Help Advise with Counsel and Assist in that Service the Lord General of Vlcter now also with his Army imployed in that expedition So help me God and his holy Gospel Thomas Preston General
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 Tho●●●● 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
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 ther●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
the Rebels was far more numerous than the Rebels is not true for the Rebels were effectually 4000 Foot and 1200 Horse and the Army encamped at Rathmines was not stronger in Horse or Foot We deny not but that the Defeat may reasonably be ascribed to the Faithlessness Negligence Ignorance or Cowardize of some of the Officers and Souldiers Nor have we ever read or heard of any Defeat given where the encountering Numbers were near upon equal but the Defeat was ascribed to one or more of these Failings And yet it is for the most part found difficult and many times unfit to fix the Blame where it may most justly be placed But that the Peoples Belief of this is fortified for that no Search or Inquiry hath since been made by a Court or Council of War of the Deportment of the Officers is an Argument suitable to the Malice and Misconstruction all Our Actions have met with If the Officers were not fit for the Employments given them they were yet of those instanced to Us by the general Assembly And if new raised Men under expertless Officers accompanied with a general want of all things necessary for Support Offence and Defence have been beaten by a like or less Number of old well-armed experienced and continually garisoned Souldiers the wonder is not great nor the Accident rare even in this Kingdom and where We have commanded the prevailing Party If we could have had the Freedom in Election of Officers and Power to have garison'd them and their Souldiers where We might have overlooked them and caused them to have been exercised as We have always in vain desired it might yet have pleased God to have disposed of the Victory as he did but then We might more justly than now have been charged with a Failure on Our Part. But to return to what follows and clear the next Objection it will be necessary that We set down what We did presently after that Defeat When We found it impossible after twelves Miles riding to head any considerable Number of the scattered Horse and that as fast as We could rally them they broke from Us We immediately directed Our Letters to those We had left on Finglass side of Dublin and that had not that Day seen the Enemy being the Lord Dillon's Sir Thomas Armstrong's the Lord Moor's and Lieutenant Colonel Purdon's Regiments of Horse Colonel Warren's Colonel Wall 's and Col. Mich. Byrne's Regiments of Foot to march immediately the one half to Drogheda and the other half to Trym for the Security of those Places and went Our self to Kilkenny to rally what We could of the Army and to raise what new Forces We should be able This was accordingly done and that Day seven-night after the Defeat We marched out of Kilkenny with what Strength of Horse We could make to relieve Drogheda before which Jones was sat down Upon Our Approach to Trim with about 300 Horse which was all that We could in that time rally he raised his Siege and We went unto Drogheda During our being there Cromwel landed with his Army on or about the 15th of August not a full Fortnight after the Defeat at Rathmines It was then plain we were to be on the defensive part of the War and that he would draw forth suddenly to recover those Places we had gained And first we were assured he proposed to attempt Drogheda We therefore applied our uttermost Industry to supply that Place with what it wanted placed in it Sir Arthur Aston as expert and gallant a Governour as we could wish for gave him the same Men and the same number of Men Horse and Foot that he desired and furnished him with the full proportion of Ammunition and other Provisions he demanded judging that if Cromwell could be there foiled of kept before it but for a time it would much advantage us that had so lately received so great a Blow as required time to recover and the Rebels in the Neck of it having received so great a Coountenance and Strength as Cromwell brought with him being the best of the Rebels old Army in England But it pleased God in a few days to give that Town into their Hands and all the Officers and Souldiers that were within it to the Cruelty of their Swords where there were lost 2000 of our best Souldiers with all their Officers who were chosen as the likeliest Men by giving a Check to Cromwell in his first attempt to recover the Kingdom Now that after the Defeat at Rathmines and that great Loss at Drogheda for so it was so powerful and so prevailing an Army as Cromwell's marched without interruption from us that had not above 700 Horse and 1500 Foot and of those some not to be trusted others newly raised and all discouraged from Dublin to Rosse is not much to be wondered at for all the Men we could make were not sufficient to man Wexford which being taken as we have before said there were lost in it others of our best Men to a considerable number That the Rebels might have been prevented in building over their Bridg at Rosse considering the Situation of the Place and the Power their Ordnance had from the Key to and upon the other side of the River we believe they are very ignorant or malicious that will affirm But if it had been a thing as easy as they would have it believed we were so far from being able to attempt any thing that we never all that time had either 24 hours Pay or Provision before hand to keep the Men we had together where they were upon no Duty much less to bring them near an Ene●●●● where they must be held to hard Duty close together It should 〈◊〉 also be considered that during Cromwell's March from Dublin to Wexford and those Parts began the Revolt of the Towns and Army in Munster which occasioned very much of Jealousy Distraction and other Interruptions and gave the Rebels leisure to prosecute their Victories When they marched over their Bridg at Rosse towards Carrick it was believed they meant to march to Kilkenny and if we had not been diverted by a false Alarum which coming as it did we had cause to credit of their being gone as far as Bennet's Bridg towards Kilkenny whilst we lay at Thomas-Town and thereby drawn thither for the Defence of that City we had as our purpose was engaged them to fight before their getting to Carrick In what miserable Condition our Army was when we came to Carrick which we were forced to leave meerly for want of Provision to keep it and so much Money as to make necessary Materials to gain that Place is so generally known that it must argue the Contrivers of this Article guilty of a strange degree of Malice to object to us as an Omission that the Rebels Army whilst it lay before Waterford was not attempted or once faced by us And sure we are it is as openly known that in Person we twice
Antrim himself confesses to be a Trustee and therefore we may be sure the King wrote sincerely to him ORMOND THough I am sorry for this Occasion I have to send unto you which is the sudden and unexpected Rebellion of a great and considerable Part of Ireland yet I am glad to have so faithful and able a Servant as you are to whom I may freely and confidently write in so Important a Business This is therefore to desire you to accept that Charge over this which you lately had over the former Army the which though ye may have some Reason to excuse as not being so well acquainted with this Lord-Lieutenant as ye was with the last yet I am confident that my Desire and the Importance of the Business will easily overcome that Difficulty which laid aside for my sake I shall accept as a great renewed Testimony of that Affection which I know ye have to my Service So referring what I have else to say to Captain Weemes Relation I rest Edinb 31 Octob. 1641. Your most assured Friend CHARLES R. Lastly The Credential which Burk had was not until the 8th day of February 1641. And that the Reader may see the bottom of this Intrigue I have added it verbatim copied from the Original ORMOND BEing well satisfied of the Fidelity of this Bearer Mr. Burk I have thought fit not only to recommend him to you but also to tell you that I have commanded him to impart to you what I have not time to write which I think will much conduce to the reducing of the Rebels which I know none desires more than your self and so I rest Windsor Feb. 8 1641-42 Your most assured Friend CHARLES R. FINIS ERRATA In the Apparatus Page 2. in margine for tanquam read tantam p. 3. l 28. f. 1643. r. 1642. In the History PAge 12. line 50. for dead read ready p. 21. l. 51. dele of p. 28. l. 23. dele besides p. 29. l. 40. r. returned to p. 44. l. 32. r. May 1628. p. 60. l. 23. f. was r. were p. 66. l. 9. f. his r. this p. 72. l. 42. f. 64. r. 65. p. 73. l. 49. f. trot r. go p. 75. l. 51. f. December r. November p. 77. l. 45. f. their Religion likewise persecuted by the Parliament r. of the same Extraction with themselves p. 86. l. 30. f. October r. December p. 95. l. 46. f. he r. the. p. 98. l. 42. f. alias r. Mac. ibid. l. 39. dele also p. 115. l. 6. f. hundred r. thousand p. 130. l. 6. f. A r. the. ibid. l. 44. r. they will p. 139. l. 37. r. and relieve p. 148. l. 49. f. Jany r. Inny p. 156. f. on r. in p. 175. l. 52. dele the. p. 177. l. 16. f. fifteen r. five p. 192. l. 39. r. for p. 193. l. 20. r. 38. p. 196. l. 30. l. 〈…〉 dele part of the 15th and all the 16th 17th and 18th Lines The Reign of King Charles the Second PAge 3. in margine r. Temerarie p. 6. l. 49. f. Batalia r. Readiness p. 136. l. 51. for all r. good part of the. In the Appendix Page 165. l. 40. f. 1641. r. 1648. p. 209. l. 29. f. was r. were Books printed for and sold by Joseph Watts at the Angel in St. Paul's Church-Yard THE History of Ireland from the Conquest to the End of the Reign of Queen Elizabeth By Richard Cox Esquire the first Part. Folio Chardyn's Travels into Persia and the East-Indies Folio The Trial of the Lord Russel c. Folio Diary of the late Expedition of his Majesty into England Quarto Representation of the threatning Dangers Impending over Great Britain before the coming of their Majesties King William and Queen Mary Quarto Treatise of Monarchy in two Parts By Hunton Quarto Discourse of the Opposition of the Doctrine Worship and Practice of the Roman Church to the Nature Designs and Characters of the Christian Faith By Gilbert Lord Bishop of Salisbury Quarto The True Test of the Jesuits or the Spirit of that Society disloyal to God their King and Neighbour 4 o. Sure and Honest means for the Conversion of Hereticks Published by a Protestant 4 o. The present Settlement vindicated and the late Misgovernment proved In Answer to a seditious Letter from a pretended Loyal Member of the Church to a Relenting Abdicator with the said Letter Quarto Journals of the House of Commons in 1680 and 1681. Octavo Treatise of the Corruption of Scriptures Councils and Fathers By the Prelates and Pastors of the Church of Rome for the maintenance of Popery By Thomas James 8 o. The True Nature of the Divine Law Octavo A Discourse of the Nature Use and right managing the Baroscope or Quick-silver Weather-Glass With the true Equation of Natural Days for the better ordering Pendulum Clocks and Watches By John Smith Octavo Reform'd Devotions in Meditations Hymns and Petitions for every Day in the Week By Theophilus Dorrington Twelves An Earnest Invitation to the Sacrament of the Lord's Supper By Jos Glanvill The 7th Edition 12 o. The Mystery of Iniquity By Dr. Burnet Octavo Serious Reflections on Time and Eternity By John Shower 12 o. Expostulation with the Whigs in Scotland 4 o. The Earl of Rochester's Funeral Sermon 〈◊〉 Likewise Acts of Parliament Proclamations Declarations Orders of King and Council Speeches of the Kings c. in Parliament Pamphlets of all sorts Sermons on all Occasions Trials Narratives and Gazettes c. are sold by the said Joseph Watts A Table of the most Material Passages of this Book Note C 2. signifies that part of this History which contains the Reign of King Charles the Second A. Pag. ANalecta Hiberniae when published 33 Army encreased to 5000 Foot 500 Horse 41 and quartred upon the Country 42 and encreased to 8000 Foot and 1000 Horse more 51 but this Addition disbanded 71 Atherton Bp of Waterford executed 58 Adair Bishop of Killalla deprived and why 60 Athlone surpriz'd by Friar Dillon 170 Assembly General of the Irish sit 123 and make Orders 163 and declare against the Peace of 1646. 185 their Declaration previous to the Peace of 1648. 205 B. Baronets instituted 17 Bishops their Protestation against Toleration of Popery 43 Battel at Gelingston Bridg 82 in County of Wicklow 83 at Swords 87 of Kilrush 106 of Tymachoo 109 of Raconell ibid. of Ross 111 of Ballintober 114 of Rapho 115 of Killworth 129 of Castlelyons 158 of Bemburb 165 of Dunganhill 195 of Knocknanoss 197 of Rathmines C. 2. 7 on Wexford-strand 11 at Macr●ome 16 at Skirfolas 24 Knocknaclashy C. 2. 68 C. Cities of Munster rebel 4 5 and submit 7 8 have their Charters renewed 15 Cary Sir George Lord Deputy 9 Chichester Sir Arthur Lord Deputy 9 goes to England 25 and returns successfully 29 and is made Lord of Bellfast 33 Commissioners sent to inspect the Affairs of Ireland 36 their Computation mistaken 37 City of Cork made a distinct County 10 destroyed by Fire 39 Customs
at any Alarm Maurice Fitz Girald as soon as he discover'd O Mlaghlin's Design gave the Signal to Griffith but before he could come up the Irish had kill'd Lacy's Interpreter who interposed to save his Master and had his Arm cut off for his Pains Lacy himself was twice knockt down but Griffith being come he soon ended this Skirmish by the Death of O Mlaghlin whose Head he cut off and sent it into England But Lacy being unable to manage the Kingdom and the King being so perplexed with the Rebellion of his Sons that he could not personally attend the Irish Affairs it was necessary to send for Strongbow into Normandy where the King was and to give him the Government of Ireland Strongbow being sent for did readily wait on the King and being made acquainted with his Majesties Intentions he made it his Request That to avoid Envy and Jealousie Reymond le Gross might be his Colleague in the Government The King replyed That Reymond should be joyned with him as an Assistant but not in Commission And so having express'd much Confidence in the Earl he gave him the City of Wexford and the Castle of Wicklow and sent him to his Government Richard Earl of Chepstow commonly call'd Strongbow Chief Governour or Lord Justice of Ireland at his arrival there found all things in Disorder many of the Irish actually revolted and all of them confederated to shake off the English Yoke the Army also was Mutinous for want of Pay and the Generals Hervy and Reymond were at odds Immediately he put the Army under the Conduct of Reymond 1174. who led them into Ophaly where they met with good Prey Thence he advanced to Lismore and spoiled both the Town and the Country and so by the Sea-side he marched towards Waterford At Dungarvan he found thirteen Boats which he seized and loaded with Prey and Plunder But being detained there a long time by contrary Winds the People of Cork found means to fit out thirty two Barques and manfully assaulted the English in their Boats nevertheless the English Bows and Arrows prevailed and the Corcagians were defeated and their Admiral Gilbert mac Turger slain Whereupon the English under their Admiral Adam de Hereford sailed triumphantly into Waterford Dermond mac Carthy King of Cork came with his Forces by Land to countenance the aforesaid Attempt of the Corcagians by Sea and to seize on the English Boats if perhaps they should be forced ashore as he expected but Reymond met him and gave him such a Brush that he got a Prey of four thousand Cows by the Bargain and brought them safe to Waterford But whilst Reymond was thus busied in Munster he received Advice of the Death of his Father William Fitz-Girald which obliged him to take a Voyage into Wales to get Possession of the Inheritance descended to him By this Accident the Command of the Army fell to Hervy and abundance of Trouble and Misfortune hapned to the Earl For it was not long before Hervy perswaded the Earl to an Exploit 1175. somewhere about Cashel and in order to it to send for more Forces from Dublin but Donald Prince of Ossory having Notice of it surpriz'd them in their March and fell upon them in Ossory where he slew four Gentlemen and four hundred Soldiers being of that sort of the Citizens of Dublin which were called Easterlings With this great Victory the Irish were elevated beyond measure and fansied They had now got a favourable Opportunity to extipate the English And to that End they armed every where and even those Irish whom he had most obliged and those also from whom he had Oaths and Pledges did nevertheless joyn with the rest in this General Conspiracy Rotherick with a mighty Army passed the River Shenin and Burnt and Prey'd the Country even to the Walls of Dublin And Strongbow was coopt up in Waterford in continual Fear of a Massacre there● In this miserable Condition he sent to Reymond into Wales desiring him to hasten over and promised him the Fair Basilia Strongbow's Sister as the Reward of his Expedition Reymond made all possible Hast and with thirty Gentlemen an hundred Horsemen three hundred Archers and Footmen and in twenty Barques arrived at Waterford very seasonably for the Citizens were then conspiring the Murder of the English which by this Accident was postponed for a Time Immediately the Earl Reymond and the Army march'd to Wexford and soon after the Citizens of Waterford murdered the Governour Pursel and butcher'd all the English Men Women and Children except such as saved themselves in Reginalds Tower But they manfully kept that Tower and afterwards regained the City and forced the Citizens to submit to hard Conditions Strongbow and the Army being at Wexford Reymond was married to the Fair Basilia and had with her Idrone Glascarig Fothard and the Constableship of Leinster But in the midst of their Jollity they received Information That Rotherick had invaded Leinster wherefore the next Day they marched towards Dublin But Rotherick at the News of their Approach retreated and Reymond caused the ruined Castles to be repaired particularly the Castle of Trim and so hoped that he might now enjoy his Beautiful Spouse in quiet But the Prince of Limerick was resolved to follow his Blow and continued in open Defiance so that Reymond was forced to march to him September 1176. with twenty six Gentlemen three hundred Archers and three hundred Horsemen David Walsh forded or rather swam the River of Shenin into the Island of Limerick whom by Reymond's Persuasion and Example the rest followed October 1. and took that City and after plundering it they left a Garrison in it under Meyler of S. Davids consisting of fifty Gentlemen two hundred Horse and two hundred Archers and returned Hervey of Mount-Morris by his Letters to the King had suggested That Reymond intended to keep Limerick for himself and that he and Strongbow would monopolize Ireland and several other Falsities which so moved the King's Jealousie that he sent over Robert Power Osbert of Hereford William Bending and Adam of Germeny whereof two were to bring over Reymond and the other two to stay and watch the Earl In the mean Time Letters came from Limerick importing That the Garrison was in Distress besieged by Daniel O Bryan Whereupon it was resolved as well by Strongbow as by the new Messengers That Reymond must undertake to relieve it Wherefore taking with him eighty Gentlemen two hundred Horse and three hundred Archers with some Irish under Morough of Kensile and Donold of Ossory he marches towards Limerick but O Bryan not willing to fight with the Army and Garrison at once raises his Siege and marches towards Cashel 1177. and by plashing the Trees and trenching his Camp he made it as strong as he could It was pleasant to behold the Prince of Ossory who was O Bryans Mortal Foe to tell the English That they must fight valiantly and be Victors or He
Earl of Cornwal and Odo Bishop of Bayeux half Brothers to the Conquerour Robert had Issue William Earl of Cornwall who had Issue Adelm and John Adelm had Issue this William Fitz-Adelm and John had Issue Hubert de Burgo that was Chief Justice of England and Earl of Kent and one of the greatest Men of his Time And this William Fitz-Adelm though he be represented as an ill Man by the Historians of that Age yet he founded one of the Best and Noblest Families in Ireland viz. that of the Burks which has yielded many Brave and Worthy Men that have proved eminently serviceable to their King and Country whereby their Name Estate and Family are preserved in great Honour and Reputation to this Day John de Courcy who marryed the Daughter of Gothred King of the Isle of Man had contracted an intimate and entire Friendship with Sir Armoricus Tristerum alias de Sancto Laurentio who afterwards married his Sister My Author says they were sworn Brothers in the Church of Roan but certainly there was such Kindness between them that Courcy was resolved to share his Conquests in Vlster with him And being troubled at the sordid Humour of Fzadelme and simpathizing with the Wants and Grievances of the Souldiery in February 1177 1177. he led forth twenty Knights and three hundred Foot-Soldiers besides Servants and marching through Vriel in four Days or rather early the fifth he came to the City of Down which without Resistance he took and rifled for the Citizens were not in any Posture of Defence because they had not the least Fear or so much as a Thought of an Enemy The Lord or Governour Dunlenns or O Donel perceiving the Amazement and Irresolution of his People was necessitated to withdraw leaving the Legate Vivianus to negotiate in his behalf with Courcy and to offer him a Tribute if he would peaceably retire but Courcy was transported with some blind Phrophecies of Merlin and Columbus which he interpreted of himself and fancied nothing less than the entire Conquest of Vlster and therefore rejected all Overtures of Accomodation Whereupon O Donel This Battle at large Hanmer 150. with the Assistance of Rotherick and the rest of his Neighbours who made it a common Cause soon raised an Army of ten thousand Men and with them designed to besiege the City of Down But Courcy chose rather to fight a Battle in the Field than stand a Siege in the Town and the Success justified his Choice for he routed the Enemy with great Slaughter and took the Bishop of Down Prisoner but at the Intercession of the Legate he was released About Midsummer following the Ulster Men to the number of fifteen thousand fought another Battle with Courcy near Down and though it was very Bloody on both sides yet the Honour of the Day is by my Author given to Courcy His third Battle was in the Ferny against eleven thousand Irish the English not being above the tenth part of their number The Occasion of it was thus Sir John de Courcy had built many Castles in Vlster especially in that part of it called Ferny where Mac Mahon dwelt he was very observant of Courcy and made him his Gossip and had sworn Fidelity to him and had so far insinuated himself into Courcy's Favour that the Britain gave him two Castles with the Lands belonging to them but within a Month Mac Mahon demolished both the Castles And being asked the Reason why he did so he answered That he did not promise to hold Stones but Land and that it was contrary to his Nature to live within cold Walls whilst the Woods were so nigh Courcy was netled with this slight Answer and to revenge the Affront entred the Ferny and took so large a Prey of Cows that he was obliged to divide them into three Droves for convenience of Driving the Ways were boggy and also so narrow that the Prey filled the Road for three miles together The Irish observing these Circumstances set upon the English with such Briskness Noise and Clamour that forced the Cows back and made them run like Devils upon their Drivers so that they overthrew both Horse and Man and trod more underfoot than were slain by the Sword In a Word the English were routed and although they had slain nineteen score of the Irish and their General Mac Mahon himself yet they were forced to run for their Lives and much ado they had to recover an old Fort of Courcy's where they made a shift to secure themselves although the Irish were encamped vey near them About Midnight Sir Amorick went to view the Posture of the Irish who not in the least mistrusting that a baffled handful of Men would dare to attempt them were in a loose and negligent Condition most of them asleep even their very Guards and Centinels This being reported to Courcy they easily agreed to make use of this Advantage and immediately with all their Force fell upon the Irish and surprized them to that degree that they could make no Resistance so that they were all slain except two hundred who made their escape and of the English there were but two killed in this Encounter and four hundred the Day before About this Time the Legate Vivianus held a Synod at Dublin in which he published the King's Title to Ireland and denounced Excommunication against all that should oppose it He also gave Leave to the English to take out of the Churches and Monasteries such Corn and other Provision as they should at any time need paying the true Value thereof for the same He gave the People Indulgences and they gave him Money and so they parted very well pleased on both Sides Miles Cogan and young Fitz-Stephens invaded Connaugh as far as Tuam but could not make any Stay there for want of Victuals for the Inhabitants had removed or destroyed all their Provision and fled away upon the News of the Approach of the English And here let me observe once for all That want of Provision hath frustrated more great Designs and well-contrived Expeditions in Ireland than any other Defect or Accident whatsoever But Rotherick King of Connaugh having Notice of this March and knowing the English would be forced to return in a little Time for want of Victuals he placed an Ambush in a covenient Station which according to their Orders fell upon the English in their Retreat but did no greater Mischief than the killing of three English Men and that with the Loss of many of themselves This Governour Fitz-Adelm was very unkind to Reymond and all the Geraldines and indeed to most of the first Adventurers He forced the Sons of Maurice Fitz-Gerald to exchange their Castle of Wicklow for the decayed Castle of Fernes and when they had repaired that Castle of Fernes he found some Pretence or other to have it demolished He took from Reymond all his Land near Dublin and Wexford He delayed the Restitution of Fitz-Stephens to his Lands in
to raise a Monarchy for himself Whereupon he was recalled and the Government committed unto John Constable of Cheshire May 1181. Baron of Halton-Castle and Richard de Peach Lord Bishop of Coventry Lords Justices of Ireland But they continued in that Dignity but three Months for Lacy behaved himself with that Discretion and Modesty and gave the King such Satisfaction in all Matters objected against him That Hugh de Lacy August 1181. Lord Justice was again sent over with Robert of Shrewsbury a Clergy-man his Assistant and about the same time the famous Courcy also returned being Dignified with the Titles of Lord of Connaught and Earl of Vlster and accompanied with his Brother S. Laurence There were some who reported That these two fought a successful Battle with the Irish Brady 367. at the Bridge of Ivora near the Hill of Hoath where the Valour of S. Laurence was so conspicuous that it got him both the Land and Title of Hoath which last continues to this Day in his Name and Family We left Cogan and Fitz-Stephens in the peaceable Enjoyment of their Kingdom of Cork but we shall not find them so for Cogan and young Fitz-Stephens at the Persuasion and Invitation of one Mac Tirid made a Journey to Lismore to treat with the Men of Waterford about some Controversies that were between them they were to lodge at Mac Tirid's House but he perfidiously took his Opportunity and unexpectedly fell upon them and murdered them and five of their Company Immediately the whole Country was up in Arms and conspired a general Rebellion Donald More in Curraugh Mac Carthy whom the Irish still called King of Cork got his Forces together and laid Siege to the City not doubting but that he had now a favourable Opportunity to expel the English thence The Poor Old Fitz-Stephens was in a sad Condition distressed by Enemies without and Suspicions of Traytors within he had no Hopes of Relief or Assistance saving only from Reymond le Gross who lay at Wexford to him a Messenger was sent and without Delay put to Sea with twenty Gentlemen and one hundred Archers and entred the River of Cork whereupon the Enemy dispersed and all was set at Rights again Nevertheless as soon as the King heard of the aforesaid Treachery he sent Richard Cogan Philip Barry Giraldus Cambrensis and a Good Party of Horse and Foot to help Fitz-Stephens by their Assistance the City and Kingdom of Cork were kept in Quiet for some Time but the Old Fitz-Stephens had but little Benefit of it for being much broken with Age and Misfortunes he first lost his Senses and not long afterwards his Life But Lacy the Lord Justice was again become suspected for as he grew Great his Enemies grew Envious and the King Jealous so that he was once more sent for and Philip of Worcester September 1184. Lord Justice or Governour of Ireland came over with a smart Party of Horse and Foot he also brought with him Hugh Tirrel a Man of ill Report He was not long in the Government before he seized on the Lands of O Cathesie to the King's Use though Lacy had formerly sold them He also went a Circuit to visit the Garisons and in March came to Armagh where he exacted from the Clergy a great Sum of Mony thence he went to Down and so to Dublin loaden both with Curses and Extortions Tirrel took a Brewing-Pan from the poor Priests at Armagh and carried it to Down but the House where he lay was burnt and so were also the Horses in the Stable so that he was fain to leave the Pan for want of Carriage and Philip had a severe fit of the Gripes like to cost him his Life both which Punishments they say were miraculously inflicted upon them for their Sacrilege In July came over John Comin Archbishop of Dublin to prepare for the King 's youngest Son John Earl of Moreton to whom the Kingdom of Ireland was assigned towards his Portion Brady 369. Some say that he was made King of Ireland at the Parliament held at Oxford 4 Inst 360. anno 1177. his Father having obtained Licence from the Pope to make which of his Sons he pleased King thereof saving to the See of Rome the Peter-pence and the rest of its Rights And it seems Pope Vrban the Third sent Cardinal Octavianus and Hugo de Nunant his Legates to crown John King of Ireland and by them sent him a Crown of Peacocks Feathers But King Henry better considered of that matter and either because he would not seem to derive his Son's Title from the Pope or because he was loath to trust his Son with that Royal Stile having already suffered by the like Indulgence to his eldest Son or because he saw it Inconvenient and Illegal to separate Ireland from the Crown of England It is certain he found means to carry the Legates with him into Normandy and thereby prevented that once designed Coronation So that the Impression of the Great Seal of Ireland was no more than this Johannes Filius Regis Angliae Speed 478. Domini Hiberniae Earl John was then about twelve Years old when on Wednesday in Easter-week 1185. anno 1185 with about four hundred Gentlemen most Normans some Clerks and particularly Giraldus Cambrensis and a great Company of others he took Shipping at Milford-Haven being accompanied to the very Ship by Randulph Glanvile principal Counseller of the King and Kingdom and Justiciary of England The Irish Potentates flock'd to their new Prince but their Trouses and Mantles their Glibbs and Behaviour were derided by the Normans who used them scurrilously one pats the Irish Prince on the Pate another pulls him by the Mantle a third pricks him in the Breech with a Pin a fourth shuts the Door upon his Heels every Body abuses them Wherefore away they get as fast as they can and every-where publish'd the Ill Usage they received at Court Rotherick O Conner Mac Carthy and O Bryan were then preparing for their Journey but upon this News they better considered it and confederated to raise a general Rebellion There were many Reasons why Earl John's Voyage to Ireland was not successful The Superstitious People observ'd That he had not pay'd his Devotions at S. Davids before he imbarqued and attributed it to that Others blamed him and his Followers more for their Rude and Ungenteel Abuse of the Irish Lords and Gentlemen Others imputed all to the Debauchery of the Soldiers who by the example of their Captains were grown Idle and Insolent Wherein they were the more indulged because they were ill paid To these may be added the Litigiousness of the Natives in Towns and Cities who were perpetually wrangling with and suing such new Inhabitants as came to settle among them But there was a greater Cause than all these which arose from the different Interests then in Ireland which in●luenced the Normans English Welch and the Natives The Normans were most in
take any notice of Ireland and therefore we take no further notice of him than to give this brief Account of the Reason of our Silence in that Particular Hugh de Lacy was made Lord Justice of Ireland as aforesaid And as soon as he arrived he sent Imperious Letters to Courcy to discharge him of his Command and behaved himself so insolently that all was in Disorder Which the Irish perceiving and also that the King of England was preparing for a Voyage to the Holy Land they thought this an happy Opportunity to extirpate the English to which End they had a General Meeting and resolved unanimously to fall upon them Hanmer 169. and in order to it they entred into a League or Association and solemnly swore First To be true to one another and to the common Cause Secondly Never to yield any Obedience to the English again Ibid 162. And to begin the Business they fell upon Roger Poer Governour of Leighlin and barbarously murdered him and most of the Garrison Cormock O Connor Son of Rotherick King of Connaught commonly called Crove Darig because his Hand was red was the chief of the Conspirators he was an Active Valiant Gentleman and of so great Reputation that he was able to assemble twenty thousand Men of his own and the Confederates with which Army he designed first to clear Connaught then Vlster and afterwards the whole Kingdom In the mean Time Courcy Lord of Connaught and Earl of Vlster considering that he should have no Aid nor Help from the Lord Justice endeavoured to strengthen himself the best he could and to that End sent for his Brother S. Lawrence who made more Haste than good Speed for he came away with thirty Horse and two hundred Foot and at Knockmoy in the County of Galway fell into an Ambush the King of Connaught had laid for him and tho' they fought so valiantly that they killed one thousand Irish Men yet the Issue was That this small Army was totally destroyed not one escaping And tho' O Connor in Remembrance and Ostentation of this Victory did there build the Abbey de Colle Victoriae yet when he had well considered the prodigious Valour of that Handful of Men and his own Loss he thought himself necessitated to sue to Lacy for Peace which he soon obtained upon reasonable Conditions About this Time Robin Hood and Litle John were Famous Robbers in England but their Company being dispersed and Robin Hood taken Litle John fled to Dublin and shot an Arrow from Dublin-Bridge to the litle Hill in Oxman-Town thence called Litle John's Shot He was called Litle John Ironically for he was not less than fourteen Foot long believe it who will Hector Boetius affirms The Hole of his Huckle Bone was so big that he could thrust his Hand through it He fled from Dublin to Scotland where he dyed This Year Isabel 1189. only Daughter of Strongbow by Eva Prencess of Leinster was married to William Lord Maxfield Earl Marshal of England He was a great Favourite to King Richard and at his Coronation carried the Regal Scepter whereon was a Cross of Gold He was afterward by King John Hanmer 177. created Earl of Pembrook and had five Sons who were successively Earls and all died without Issue and he had five Daughters among whom his Estate was divided viz. to Joan the County of Waxford to Matilda the County of Caterlough to Isabel the County of Kilkenny to Sybilla the County of Kildare and to Eva the Mannor of Downmass in Leix now the Queen's County in all which they exercised Palatine Jurisdiction Of this Family Thomas Mills in his Catalogue of Honour gives this Account That Richard Earl of Chepstow was nick-named Strongbow because of his exceeding Strength so that he drew an traordinary Srong Bow his Arms were so long that he could stand upright and with the Palms of his Hands touch his Knees That his Daughter Isabel was fourteen Years a Ward to Henry II That her Husband William Earl Marshal was created Earl of Pembrook 27 May 1199 and that she dyed anno 1221 and was buried at Tintern Abbey and that he dyed 16 March 1219. They had five Sons and five Daughters William married Elianor Sister of Henry III and died the sixth of April 1231. Richard died the sixteenth of April 1234. Gilbert married Margaret Daughter of William King of Scotland 1235 and died by a fall from his Horse the twenty eighth of May 1242. Walter died 1245 in Wales and Anselm died the same Month viz the twenty first of December Maud successively married Hugh Earl of Norfolk William Earl of Warren and Walier Lord Dunstanvil Joan married Warren Lord Montchensy the richest Baron in England Isabel married Gilbert Earl of Glocester and afterwards Richard Earl of Cornwal King of the Romans Sybil married William Earl of Ferrers and Darby and Eve married William de Brees Lord of Brecknock and Partition was made between these Noble Coparceners at Woodstock Lib. G. May 3. 31 Hen. 3. About this Time 1190. viz. Anno 1190 the City of Dublin was burnt by Accident 1191. so that it was almost totally destroyed and the Kingdom was governed by William Petit Burlace 11. who held it a very short Time before William Earl of Pembrook and Earl Marshal of England came over Lord Justice or Governour of Ireland he was the third of the Temporal Assistants King Richard had left to the Bishop of Ely for the Government of England he was a Valiant Man and had a great Estate in Ireland 1191. and therefore was thought the fittest Governour for that Country in this Critical Time whilst King Richard was Prisoner in Austria and Earl John was engaged in Troublesome and Ambitious Designs in England In the Year 1194. the Reliques of S. Malachy Bishop of Clareval Cambden 151. were brought into Ireland and with great Reverence and Devotion deposited in the Abby of Mellifont and other the Monasteries of the Cistersian Order It seems the Reputation or Power of this Noble Governour was sufficient to keep Ireland quiet 1197. for we read of little or no Disturbance there during his Time which was about six Years And then he resign'd to Hanno de valois a Gentleman of Suffolk Lord Justice of Ireland who continued in that Government until the Death of King Richard which happened at Chalons in France on the sixth Day of April anno 1199. John Earl of Moreton and Lord of Ireland did on the Death of King Richard without Title ascend the Throne of England Hubert Archbishop of Canterbury was a great assistant to this Usurpation he told the People That John had the Crown by Election which the King did not then gain-say it being no fit Time to dispute the MANNER so he had the THING he aimed at but the Right was in his Nephew Arthur whom he afterwards got into his Hands and caused him him to be murdered as was at that Time generally reported
and believed Camden's Annals he was crowned on Ascension-Day by the said Archbishop 1199. at Westminster with great Solemnity and not long after he was girt with the Ducal Sword of Normandy by William Archbishop of Roan Hanno de Valois Lord Justice continued so the first Year of King John but then he fell into such Disgrace that he was not only remov'd from his Government Libb GGG but also was obliged to give the King a thousand Marks Lamberh for his Favour and for a Discharge of his Accounts about Ireland And Meyler Fitz-Henry 1200. Natural Son of King Henry I by Nesta Mother of Maurice Fitz-Gerald 1202. was made Lord Justice in whose Time May 4. 1202. King John granted that is confirmed the Archbishoprick of Armagh to Humphry de Tickhul but Ralph le Petit Archdeacon of Meath pretended that the Election fell on him and resolved to contest it with Tickhul 1203. In the mean Time the Pope appointed one Owen mac Gillevider but the King was so angry with him that he prohibited all the Clergy from owning him as Archbishop And to prevent him the King on the Death of Tickhul Ware de Presul 17. anno 1203. confirmed Ralph le Petit in the Archbishoprick Nevertheless Owen so managed the Matter that he enjoyed the Archbishoprick and was restored to the King's Favour He had the Character of an Honest and Worthy Prelate and was present at the Lateran Council in Quality of Primate of all Ireland The King had given to William de Braos and his Heirs the Honour of Limerick with the Appurtenances as Henry II gave it to Philip Unkle of William except the City of Limerick and the Donation of Abbies and Bishopricks the Cantred of the Oastmens and the Holy Island and the Services of William de Burgo which the King retained to be held by sixty Knights Fees But I do not find that William de Braosa had any great Benefit of this Grant for being a bold and a generous Man and abhorring the Murder of Duke Arthur the King's Nephew which he verily believed was done by the King's Command as did likewise John de Courcy they both spoke more than came to their Share And thereupon Braosa fled into Ireland with his Wife and Children from whence he afterwards removed to the Isle of Man and thence to France where he dyed but she and her Son were taken in a Castle in Meath Speed 508. and tho' she sent the Queen a strange Present of four hundred Cows and a Bull all White but their Ears which were Red yet that could not make her Peace but that she and her Son were sent Prisoners to Windsor where they were starv'd to Death as was said And as for Courcy the King to mortifie him appointed his Inveterate Enemy and Competitor Hugh de Lacy 1203. Lord Justice of Ireland and gave him Order to arrest Courcy and send him Prisoner to England But Courcy had some Intelligence or at least Jealousie of the Design and therefore kept upon his Guard so cautiously that Lacy could not surprize him Wherefore he levied an Army and invaded Vlster at Down both Parties met and the Valiant Courcy sent Lacy back with Blows and Shame enough After this Bloody Victory Courcy offered the Combat which the Lord Justice in his Politick Capacity refused to undergo against a Subject and a Traytor wherefore he took a wiser Course and by his Proclamation offered a large Reward to him that should bring in Courcy alive or dead But this not taking effect he dealt with some of Courcy's Servants to seize their Master on Good-Friday whilst unarmed he should be doing Penance and walking Bare-foot about the Church-Yard of Down as he was wont to do every Year They undertook the Matter and effected it with the Slaughter of two of the S. Lawrences who attended their Unkle Courcy that Day But the Traytors paid dear for their Perfidiousness for Courcy with a Wooden Cross which he got in the Church-Yard killed thirteen of them and the rest were sent by the Lord Justice into England with this Pasport which they were obliged not to open till they were in Necessity of it I Hugh de Lacy Lord Justice of Ireland Servant to my dread Sovereign Lord King John To all them that shall read these few Lines greet Know ye That these Men whose Names are underwritten sometimes served Sir John de Courcy late Earl of Ulster but now in Durance in the Tower of London and for a Sum of Mony betraied their own Master into my Hands I deem them no better than Judas the Traytor How hardly soever I have conceived of Courcy I hold them to be a thousand times more damnable Traytors Wherefore let no Subject in the King's Dominions give them any Entertainment but spit in their Faces and suffer them to rogue and wander about as Jews The Lord Justice provided a Barque and Victuals for them but denyed them Pilots or Seamen so that being sufficiently tossed at Sea they were driven into Cork and were there taken and afterward hanged by Order of Lacy who shewed himself Generous in this one thing That though he loved the Treason he hated the Traytor And thus was the Valiant Courcy condemned to perpetual Imprisonment in the Tower of London and that Lacy might personally solicit a Reward for this great Service he had leave to come to Court And Myler Fitz-Henry was again made Lord Justice April 3. 1205. The Historians of that Age make honourable Mention of him He died Anno 1220. and was buried in the Abby of Conal which himself had founded and on his Tomb was this bald Epitaph Conduntur Tumulo Meyleri Nobilis ossa Indomitus Domitor totius Gentis Hibernae But Hugh de Lacy's Services were so well accepted in England May 2. 1205. that the King gave him the Earldom of Vlster as fully as Courcy held it the day he was taken except the Donation of Bishopricks and Abbies and because the King had occasion of Lacy's personal Attendance in England therefore he gave Charge to the Lord Justice to defend and preserve Lacy's Lands as he would the Demesnes of the Crown On the 30th of August Lib. GGG 6. A Writ was sent to the Lord Justice commanding him to build a strong Castle at Dublin to defend that City and to preserve the King's Treasure and the Second of November following the King by Writ commanded Walter de Lacy to put Limerick into the Lord Justice's hands because without it he could neither keep the Peace in Cork nor Connaught The same Year the King of Connaught releas'd two Parts of that Country 1206. retaining the Third at the yearly Rent of an hundred Marks and the next Year offered to continue Tenant to the same Third part at the aforesaid Rent of one hundred Marks per Annum to be held per Baroniam and to pay a yearly Tribute of three hundred Marks per
undertaken the Crusado I cannot determine which but for the one reason or the other he was removed and Henry de Londres Archbishop of Dublin April 23. 1219. was made Lord Justice and continued so for five years he was nick-named Scorchvillein Holingsh 32. by the Irish because they said he burnt his Tenants Leases and other Writings which they brought to shew him but this silly Story is not to be believ'd of so Learned a Man and so good a Governour as every body allows this Archbishop to have been especially since it is not denied but that he suffered all his Tenants to enjoy their Farms even according to their Claims It was this Lord Justice that built the Castle of Dublin anno 1220. 1220. And about the same time died at London William Earl Marshal Protector of the King and his Kingdoms Some Irish Antiquary was so silly to think he was call'd Marshal quas● Mars his Seneschal for he was indeed a very warlike Man He was succeeded by his Son William against whom the Bishop of Fernes complained to the King That his Father had disseis'd the Church of two Mannors for which reason he was excommunicated and so died The King commanded the Bishop to go to the Earls Tomb and to absolve him and promis'd that he would endeavour his Satisfaction Hanmer 176. Whereupon the Bishop accompanied with the King went to the Grave and said O William that here liest wrapped in the Bonds of Excommunication if what thou hast injuriously taken be restored by the King or thy Heir or thy Friends with competent satisfaction I absolve thee otherwise I ratifie the Sentence that being wrapped in thy Sins thou maist remain damned in Hell for ever The King was dissatisfied with the rigour of the Bishop but could not prevail with the young Earl to part with any thing of his Estate wherefore the Bishop confirm'd his Curse and it brought no small Veneration to the Clergy that this Earl and his four Brethren died without Issue which the Superstitious People thought to be the Effect of that Execration The young Earl Marshal had great Contests with Hugh de Lacy Earl of Vlster 1221. so that Meath was wonderfully harass'd between them Trim was also besieged and reduced to an ill condition but it had the good Fortune to escape this Brush Hanmer 189. and to have a strong Castle built soon after to prevent the like Calamities for the future 6 Hen. 3. About this time Davis 15. 123. the King granted to O Brian King of Thomond the Country of Thomond habendum during the Kings Minority rendring an hundred and thirty Marks per annum which is the only Grant made by the Crown of England to any meer Irishman to that time except that to the King of Connaught And before this Davis 124. viz. 3 H. 3. Richard de Burgo for one thousand pound obtained a Grant of all Connaught to him and his Heirs after the Death of the then King of that Country The Lord Justice who was also Archbishop and Legate did in his Spiritual Capacity too much encroach on the Temporal Jurisdiction and therefore upon the Complaint of the Citizens of Dublin Aug. 9. 7 H. 3. he had a notable increpatory Writ sent to him 1222. which is to be found in Prin's Animadversions on the fourth Instit 251. And at the same time the King sent another Writ to the Justice to redress a Nusance to the Harbour and Citizens of Dublin Prin 251. according to the Law of England I find some Reasons to believe that the Lord Justice Londres was sent for to England anno 1220 and his Room supplied by Geofry de Marisco till his Return Octob. 28. the same Year but however that be it is certain that after this Justice had govern'd Ireland five Years he was removed And most probably was succeeded by 〈…〉 William Earl Marshal 1224. Lord Justice In whose Time in May 8 Hen. 3. Lacy was so effectually pursued that he was forced to submit and the same Year was pardoned About the same Time the King prohibited Appeals to be made to the Pope Lib. Z. Z. and by his Letter to the Archbishop of Armagh Lamb. 19. severely reprimanded him for sending to the Pope about Causes Ecclesiastick The King in the fifth Year of his Reign had granted to the Citizens of Dublin towards walling their City three Pence out of every Sack of Wool six Pence for every Last of Hides and two Pence out of every Barrel of Wine sold in their City 1225. and now 9 Hen. 3. he gave them fifty Marks in Mony to the same purpose On the tenth Day of June 10 Hen. 3. A Writ was sent to the Lord Justice to seize on the Country of Connaught forfeited by O Connor 1226. and to deliver it to Richard de Burgh at the Rent of three hundred Marks for the first five Years and afterwards of five hundred Pound per annum except five choice Cantreds near Athlone which I suppose were designed for the Conveniency and Support of that Garrison But on the first Day of August 10 Hen. 3. Geofry de Marisco was made Lord Justice and had a Sallary of five hundred Marks payable out of the Exchequer granted unto him It is probable That soon after his Arrival his Predecessor William Earl Marshal repaired to Court to give the King an Account of his Administration And the Irish were forward to take Advantage of his Absence and the ill Posture of the King's Affairs in Ireland and therefore to make the best Use they could of this Opportunity they made so general a Confederacy that their Army amounted to twenty thousand Men Sperantes says my Author se posse omne genus Anglorum ab Hiberniae finibus exterminare But all this Ostentation came to nothing and this numerous Rabble were without much Difficulty defeated by Hugh de Lacy and Richard de Burgh and their Followers And the Irish General O Connor King of Connaught was taken Prisoner The King Lib. GGG in the fifth Year of his Reign wrote to all the Ports of Ireland Lambeth To make some Gallies in their respective Havens for the Defence and Security of him and his Kingdom of Ireland And in the tenth Year of his Reign he prevailed with the Pope to write to the Irish Bishops to give him a Subsidy 1227. And now the eleventh Year of his Reign the Pope did write to the Clergy To give Subsidiary Aid to the King Which it seems was effectual for I find this Entry on the Roll. 11 Henric. 3. Rex habuit auxilium de Hibernia And the same Year the Lord Justice received a Writ To aid the Episcopal Excommunication with the Secular Arm as was usual in England which is to be found at large Prin's Animadversions Prin 252. 252 and bears Date the eighteenth of January And there was also a Writ or Charter enjoyning
the Observation of the English Laws in Ireland which I have already recited in the Reign of King John Hubert de Burgo or Burgh Chief Justice of England and Earl of Kent Splem Gloss 340. was made Earl of Connaught and Lord Justice of Ireland during Life and because he could not personally attend he deputed Richard de Burgo Lord Justice or Deputy to whom the King sent the following Writ March 10. 1227. for establishing the English Laws in Ireland REX dilecto sideli suo Ricardo de Burgo Justiciario suo Hiberniae Prin. 252. salutem Mandamus vobis firmiter praecipientes quatenus certo die loco faciatis venire coram vobis Archiepiscopos Episcopos Abbates Priores Comites Barones Milites libere tenentes Balivos singulorum Comitatuum coram eis publice legi faciatis Cartam Domini J. Regis Patris nostri cui Sigillum suum appensum est quam fieri fecit jurari à Magnatibus Hiberniae de Legibus Consuetudinibus Anglorum observandis in Hibernia praecipiatis eis ex parte nostra quod Leges illas ad Consuetudines in Carta praedict ' contentas de cetero firmiter teneant observent Et hoc idem per singulos Comitatus Hiberniae clamari faciatis teneri prohibentes firmiter ex parte nostra Forisfacturam nostram ne quis contra hoc Mandatum nostrum venire praesumat ' Eo excepto quod nec de Morte nec de Catallis Hibernensium occisorum nihil statuatur ex parte nostra citra quindecem dies à die Sancti Michaelis anno regni nostri duodecimo super quo respectum dedimus Magnatibus nostris Hibern ' usque ad terminum praedict Teste meipso apud Westmonast oct die Maii anno regni nostri duodecimo And at the same Time he received two Writs about the Debts due from the King to the late Lord Justice Archbishop Londres Burlace 20 21. and a third Writ to pay him an hundred Pound per annum out of the Rent of the City of Limerick and fifty Pound per ann out of the Rent of Dublin But this Justice did not continue long in the Government for his Patron Hubert de Burgh falling into the King's Displeasure both the one and the other were remov'd And Maurice Fitz-Gerald was made Lord Justice 1229. In whose Time viz. 14 Hen. 3. happened the great Case of Coparceners to decide which the King sent over by way of Writ what in the printed Statues is called Statutum Hiberniae And tho' the Lord Justice is there named Girald yet it is by Mistake for Girald Fitz-Maurice who was the Lord Justice's Father died anno 1205. And there is another Mistake in that Statute for it is said to be made 24 Regis whereas the Year 1229. could be but the fourteenth Year of his Reign Now came over Stephen the Pope's Chaplain to demand the Tenths of all Moveables to support the Holy See against the Efforts of Frederick the Emperour Hanmer 191. It was so hard a Tax in Ireland that they were fain to part with not only their Cadows and Aquavitae but also with their Chalices and Altar-Cloaths Not long after died William Earl Marshal Prince or Lord of Leinster 1231. who anno 1223 gave a new Charter to his Town of Kilkenny he was buried in the Choire of the Friers Preachers at Kilkenny and was succeeded in his Estates and Titles by his Brother Richard On the second Day of September 1232. the Lord Justice returned out of England but when he went thither or who was Deputy in his Absence non constat On the seventh of April 1233 Holingshead 27. say some but I think 1234 the English and the O Connors c. had a Battle on the Curragh of Kildare 1234. wherein Richard Earl Marshal Prince of Leinster had very foul Play from those of his own Side so that he was there mortally wounded and died in five Days after To atone for this the Lord Justice who went into England to satisfie the King in that Matter offered to build a Monastery and endow it liberally to pray for the Soul of Earl Richard Hanmer 195. And so at length by the intercession of the King and the importunate Entreaties of the Nobility Gilbert Earl Marshal and the Lord Justice were reconciled 1235. It seems the Alarm was very great on Earl Richard's Death for the King to Comfort and Quiet the Citizens of Dublin assured them by his Writ That he summon'd the Great Men of England Pryn 253. to consult about the Safety of England and Ireland and that their Determinations should be speedily communicated to them at Dublin From whence Mr. Pryn observes That the Laws and Ordinances of the King and Parliament of England did bind Ireland in those Days But it seems that about this Time the Spiritual Courts did encroach too much on the Temporal Jurisdiction 1233. and therefore the King sent over the following Writ REX Co. Lit. 141. Comitibus Baronibus Militibus liberis Hominibus omnibus aliis de Terra Hibern ' salutem Quia manifeste esse dignoscitur contra Coronam Dignitatem nostram Consuetudines Leges Regni nostri Angl ' quas bonae memoriae Dominis Johannes Rex Pater noster de communi omnium de Hibern ' consensu teneri statuit in Terra illa quod placita teneantur in curia Christianitatis de advocationibus Ecclesiarum Capellarum vel de laico feodo vel de catallis quae non sunt de Testamento vel Matrimonio vobis mandamus prohibentes quatenus hujusmodi placita in curia Christianitatis nullatenus sequi presumatis in manifestum Dignitatis Coronae nostrae prejudicium scituri pro certo quod si feceritis dedimus in Mandatis Justiciario nostro Hiberniae statutae curiae nostra in Anglia contra transgressiones hujus Mandati nostri cum justicia procedat quod nostrum est exsequatur Teste Rege 28 Octobr. Decimo oct Regni nostri c. mandatum est Justiciario Hibern per literas clausas quod predictas Literas Patentes publice legi teneri faciat In the Year 1234 died Walter Lacy Lord of Meath without Issue Male so that his great Estate was divided between his two Daughters viz. Margaret married to the Lord Theobald Verdon and Matilda married to Geofry Geneville Whilst the Lord Justice was in England the King of Connaught exhibited a grievous Complaint against John de Burgo That he had entred his Country with Forces Hanmer 195. and wasted the same with Fire and Sword humbly beseeching his Majesty to do him Justice and to bridle such rash Attempts Alledging That he was a loyal Subject and payed for his Kingdom an annual Pension Davis 123. amounting in all from his first Subjection to five thousand Marks and desired the King That he would rid him of that base
Popes Familiar and Kinsman and both Bastards saith Bale fill'd in like sort his Fardles in Scotland These Nuncio's were so crafty that they needed no Brokers they secretly understood by Posts and Cursitors the State of the Court of Rome which quailed them full sore that the Pope was either gone or panted for Life secretly by the conduct of the Monks of Canterbury they were conveyed to Dover where they took Shipping and crost the Seas The Emperor Frederick against whom this Provision was made having intelligence thereof and secretly acquainted with the Popes state wrote to the King of England to apprehend such Prollers wherein he also reprov'd his Cowardize The Emperor when he understood that the Birds were flown away made search for the Nest yet overtook them in Italy where to be short he imprison'd them their Kindred and Favourites rifled them of their Money and sent them to Rome to sing for more He that will read the Story more at large let him repair to Matthew Paris In the Year 1242 1242. the Lord Justice built the Castle of Sligo in Connaught and plac'd in it able Warders and the next Year died Richard de Burgo and the famous Hugh de Lacy Earl of Vlster 1243. whose Daughter and Heir was married to Walter de Burgo in her Right Earl of Vlster The King sent to the Lord Justice for Aid against the Welsh 1244. which it seems was long a coming but at length it did come under the Conduct of the Lord Justice and Phelim O Connor they Landed in the Isle of Anglesey and pillaged the Island and were hastning to the Ships with their Prey but it seems the Welshmen overtook them and forced them to leave their Burdens behind However they afterwards joyn'd the Kings Army and did the Work they came for for the King discomfited the Welsh victualled his Castles and victoriously returned into England The Lord Justice being come back to Ireland 1245. found Vlster over-run by O Donel who took advantage of the Death of Lacy and the absence of the Lord Justice but by the assistance of Cormock mac Dermond ma● Rory the Lord Justice invaded Tirconnel routed the Irish and slew many of the chief of them on the English side was lost William But by Cambden and others call'd Sheriff of Connaught and his Brother Cambden does also mention several Expeditions but the Issue of them all was this That the Lord Justice Manned his Castle of Sligo forced O Neal to give Hostages and then gave half Tyrconnel to the said Cormock ma● Dermond and return'd with great Booty But the King was displeased with the Lord Justice for his slowness and delay in bringing Aid to him in Wales and therefore remov'd him from the Government Novemb. 4. 1245. and appointed Sir John Fitz Geofry de Marisco I suppose Lord Justice who receiv'd a Writ that the Executors of the Bishop of Ossory should be suffered to administer and dispose of the Testators Goods and Chattels the Debts due to the King being first Levied thereout and in September 1247. Prin H. 3. 107. the King directed a Writ to the Arch-Bishops and others in Ireland That the Laws of England should be strictly observed there as his Father King John had formerly commanded QVia pro communi utilitate Terrae Hiberniae Prin 254. unitate Terrarum Regis Rex vult de communi Concilio Regis provisum est quod omnes Leges Consuetudines quae in Regno Angliae tenentur in Hibernia teneantur eadem Terra eisdem Legibus subjaceat per easdem regatur sicut Dominus Johannes Rex cum ultimo esset in Hibernia statuit fieri mandavit Quia etiam Rex vult quod omnia Brevia de communi jure quae currunt in Anglia similiter currant in Hibernia sub novo Sigillo Regis Mandatum est Archiepiscopis c. quod pro pace tranquilitate ejusdem Terrae per easdem Leges eosdem regi deduci permittant eas in omnibus sequantur in cujus c. Teste Rege apud Wodestoke nono die Septembris anno Regni 30. Which Writ is imperfectly cited 1 Inst 141 b. Theobald Butler 1247. Lord of Carrick and John Cogan Lords Justices in whose Time the Popes Agent Johannes Refus was sent into Ireland clothed with Authority to collect the Popes Money Hanmer 198. my Author says that though he was not clad in Scarlet for fear of giving Offence yet he was such a Sophistical Legate and plied his business with that diligence that he extorted Six thousand Marks out of Ireland and by help of the Clergy transported it safely to London John Fitz Geofry was again Lord Justice 1248. in his time the King sent the following Writ Lib. P. Lambeth REX Justiciario Hibern Salutem Monstravit nobis Mamorch Offerthierun Rothericus Frater ejus quod antecessores sui ipsi licet Hibernenses semper tamen firmiter fuerunt ad fidem servitium nostram Prin 255. predecessorum nostrum it should be Nostrorum Regum Angl. 1253. ad conquestum una cum Anglicis faciendum super Hibernenses ideo vobis mandamus quod si ita est tunc non permittas ipsos M. R. repelli quin possint terras vindicare in quibus jus habent sicut quilibet Anglicus quia si ipsi antecessores sui sic se habuerunt cum Anglicis quamvis Hibernenses injustum esset licet Hibernenses sint quod exceptione qua repelluntur Hibernenses à vindicatione terrarum aliis repellantur c. By which Writ it appears that the King did design that all the Irish who would live as Subjects should have the benefit of the English Laws but that such of the Irish as were Enemies or Rebels and would not be Amesnable to Law should not have any Advantage by the Law But now the King to qualifie his Son for a Marriage with the Infanta of Spain Davis 22. amongst other things gave the Kingdom of Ireland to Prince Edward and his Heirs Lib. G. Lambeth in as ample manner as himself enjoyed it except the Cities of Dublin and Limrick nevertheless with this express Condition in the Patent 1254. Ita quod non separetur à Corona Angliae Whereupon Ireland was called the Land of the Lord Edward and the Officers there were stiled the Officers of Edward Lord of Ireland and the Writs did also run in the Name of the Prince In the same Year but I suppose before the Donation to the Prince the King sent a Writ to the Nobility of Ireland Prin 255. most earnestly desiring their Assistance with Men and Ships for his Wars in Gascony But the Prince had issued a Writ of Entry out of the Chancery of Ireland against the Bishop of Lismore which was illusory to the Laws of England established by the King and King John and therefore upon Complaint the King sent
the following Order to stop any farther Proceedings upon the aforesaid illegal Writ which I do the rather recite at large because it justifies my Assertion that Ireland is inseparable from the Crown of England since we find the King effectually interpose to rectifie Miscarriages there notwithstanding the aforesaid Donation to the Prince which was as full as it could be worded REX Thesaurario Baronibus de Scaccario Dublin Ibid. 255. Salutem Quia de assensu voluntate Praelatorum Magnatum Terrae Hiberniae dudum fuit provisum concessum quod eisdem Legibus tenerentur in Terra illa quibus homines Regni nostri utuntur in Regno nostro Angliae quod eadem Brevia quoad terras tenementa recuperanda teneant in terra illa quae tenentur in regno praedicto sicut justa Et dicta provisio concessio omnibus retroactis temporibus fuerunt obtenta approbata miramur quamplurimum quod sicut ex insinuatione venerabilis patris Thomae Lismorensis Episcopi accepimus emanare permisistis ex Cancellaria Edwardi filii nostri in Hibernia contra consuetudinem obtentam formam Brevium in regno nostro usitatam Breve infra-scriptum contra praefatum Episcopum in haec verba EDwardus Illustris Regis Angliae primogenitus ad Vic. Waterford Salutem Praecipe Thomae Lismorensi Episcopo quod juste sine dilatione reddat Waltero Episcopo Waterford Maneria de Archmurdeglan Kilmurdri Motha cum pertinentiis quae clamat esse jus Ecclesiae suae in quae idem Episcopus non habet ingressum nisi per Alanum quondam Lismorensem Episcopum cui Griffinus quondam Lismorensis Episcopus qui inde injuste sine judicio disseisivit Robertum quondam Waterford Episcopum predecessorem Episcopi post ultimum reditum c. QUia vero dictum Breve tam dissonum est Stat. Marlbridge cap. 30. contra Leges Consuetudines in regno nostro tentas formas Brevium nostrorum ibidem approbatas praesertim cum Breve ingressus non transeat tertiam personam nec ratione intrationis in terram aliquam post mortem alicujus comperat actio alicui de terra illa nisi illi cui per mortem illam jus debetur in eadem Nec enim dicitur intrusio qui jure haereditario vel ratione Ecclesiae suae succedit Predecessori suo in hiis de quibus idem Predeces fuit seisitus in Dominico suo ut de feodo die quo obiit Vobis mandamus quod si dictum Breve a Cancellaria praedicta in forma praedicta emanaverit executionem ejusdem Brevis supersedeatis revocantes sine dilatione quicquid per idem Breve actum fuerit in Curia praedicti Filii nostri Teste apud Windsor 27 die Januar. Et eodem modo scribitur Adamo le Sole Justiciario Hiberniae intellige de Banco Regis Waleranno de Willesby Sociis suis Itinerantibus ut supra Alan de la Zouch 1255. who had been Chief Justice of the Kings Bench in England Hanmer 199. 34. Hen. 3. was now made Lord Justice of Ireland he had the Misfortune to be slain in Westminster-Hall by John Earl of Warren and Surrey half Brother to the King In his time some Rebel Irishmen were coming to aid the Earl of Chester against the King but Prince Edward with the English Navy had the good Fortune to meet with the Irish Fleet and to sink most of their Ships so that few of the Men were left alive to return Now flourished that famous Mathematician Johannes de Sacrobosco who was born at Holywood in Fingal not far from Dublin and thence had his Name de sacrobosco i.e. Holy wood It seems that the Prince 1258. by Virtue of the aforesaid Grant would have removed the Lord Justice and put another in his Room But the King by the Advice of the Barons of England wrote to the Archbishops Bishops Abbots Priors Barons Brady 674. Knights c. That he heard his Son designed to make a new Justice in Ireland and to put his Castles into such Hands as it might be great Damage and not without fear of their disinheriting and therefore commands them not to obey such Justice Constables or Keepers of Castles made or appointed without his Letters Patents by Advice and Assent of his Council After the same manner he wrote to all the Mayors and Communities of Cities and Towns in Ireland and to the Constables of Castles and also commanded Alan de la Zouch his Justiciary not to obey or give up his Authority to any new Justiciary or Constable that should come without his Letters Patents But it seems this Matter was setled for the next Year we find Stephen de long Espee 1259. Lord Justice some call him Earl of Salisbury and Burlace stiles him Earl of Vlster but I think there is no Ground for either of the Titles he encountred O Neale and slew him and three hundred fifty two Irishmen in the Streets of Down 1260. but not long after the Lord Justice was betrayed and murdered by his own People And thereupon William Den was chosen Lord Justice In whose Time the Mac Carthyes plaid the Devil in Desmond they are the Words of my Author and by Ambuscade surprized and slew Thomas Fitz-Girald and John his Son 1261. at Calan in Desmond together with many Knights and Gentlemen of that Family whereupon the Carthyes grew so high that for the space of twelve Years the Giraldines durst not put a Plow in the Ground in Desmond Hanmer 201. until some Fewds arose between the Irish of Carby and Muskry and between the Carthyes Driscols Donovans Mahonyes and Swinyes so that they also weakned and destroyed one another and the Giraldines began to recover their Power and Authority again But the Lord Justice died this Year and Richard de Capella or Capel was made Lord Justice In his Time arose a great Contention between the Prior and Convent of Christ-Church and the Corporation of Dublin about the Tith-Fish of the River Liffy The Burks and the Geraldines quarrelled about some Lands in Connaught to that degree that they filled the whole Kingdom with War and Tumult and Maurice Fitz-Maurice Fitz-Girald not the Earl of Desmond but the same that afterwards anno 1272 was Lord Justice and John fitz-Fitz-Thomas afterwards Earl of Kildare at a Meeting at Castle-Dermond seized upon the Lord Justice and Richard Burk Heir apparent of Vlster afterwards called the Red Earl Theobald Butler 1264. Miles Cogan c. and imprisoned them in the Castle of Ley. But soon after a Parliament met at Kilkenny and ordered them all to be released which was done accordingly In the mean Time the King wrote to the Arcbishop of Dublin the Bishop of Meath his Treasurer Walter de Burg or Burk 1265. Maurice Fitz-Maurice Fitz-Girald That he heard there was like to be great Dissention between the great Men of Ireland and therefore ordered
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
Justice was so vigilant that before the end of August the Rebels were dispersed and their Captain William mac Balthar was taken and hanged In the midst of these Disturbances John Decer Mayor of Dublin who had some time before built the Bridge over the Liffy Ibid. 166. near S. Wolstons and the Chappel of our Lady at the Friers Minors and had also repaired the Church of the Friers Preachers and every Friday feasted the Friars at his own Cost did now build the high Pipe in Dublin But the Lord Justice being sent for into England to give an Account there of the miserable State of Ireland substituted William Burk August 1308. Custos Warden or Deputy of Ireland He was Ancestor of many Noble Families and particularly of the Lords Castleconel and Leitrim In his time the Irish burnt Athy and Richard Talon was murthered by Maurice de Condon Cambden 166. and Candon was served in the same kind by the Roches and Odo mac Cathol O Connor slew Odo King of Conaught But in March following Peirce de Gaveston an insolent Frenchman was by the Nobility of England in Parliament banished that Kingdom whereupon the King to make this Exile of his Favorite as easie as he could gave him the Government of Ireland and assigned to him the Revenue and Royal Profits of that Realm so that thither he came with a great Retinue and he behaved himself so well that he broke and subdued the Rebels in the Mountains near Dublin He slew Dermond O Dempsy a great Irish Captain at Tully he marched into Munster and subdued O Brian in Thomond he rebuilt the new Castle of Mackingham in the Kevins Country and repaired the Castle of Kevin and cut and cleansed the Paces between that and Glendelough he was exceedingly beloved of the Soldiers both for his Liberality and Valour and might have done much Good there if he had staid longer Nevertheless he could not brook Richard Earl of Vlster who was the greatest Lord in Ireland This Earl as it were to nose Gaveston did at Whitsontide keep a great Feast at Trim Camb. 166. and dub'd two of the Lacies Knights and marched as far as Tredagh to encounter the Lord Lieutenant but on better Advertisement he returnd But the King impatient of Gaveston's longer Absence recalled him on the twenty third of June and sent in his Room Sir John Wogan 1309. Lord Justice M. S. Fragm and in October following the Noble Lord 4. says 1308 Roger Mortimer came over with his Wife Heiress of Meath and had quiet Possession of that Country the Grand-father Sir Geofry Genevil entring into a Monastery On the second of February Sir Arnold Poer slew Sir John Bonevil at Arstol but it was found to be in his own Defence Cambded 167. And in the same February there was a Parliament held at Kilkenny before the Earl of Ulster and the Lord Justice according to the Custom and Usage of those times which appeased many Civil Discords and enacted many good Laws which Mr. Pryn says Pryn 259. were printed in Bolton's Edition of the Irish Statutes 1621. And he reckons this to be the first Parliament that was held in Ireland except that of Henry II aforesaid but without question he is mistaken And it seems Pryn 259. That in the beginning of the next Year or the latter end of this there was another Parliament or Assembly of the great Men at Kildare where Poer was acquitted of the Death of Bonevil About this time Wheat was sold for twenty Shillings the Erane Cambded 167. and the Bakers were drawn on Hurdles through the Streets of Dublin for their Knavery In the Year 1310. Richard de Havering who under Pretence of the Popes Provision 1310. had assumed the Title of Arch bishop of Dublin and enjoyed all the Profits of that See without Consecration for four Years and upward was so terrified by a Dream that he resigned his Bishoprick to the Pope that gave it him Ware de praesul 111. And though Alexander Bricknor had the better in the Election the seventeenth of March 1610. yet John Lech by the Power and Favour of the King enjoyed the Bishoprick and begun the Controversie with Rowland Jorse Archbishop of Armagh about elevating his Crosier in the Province of Leinster and managed it so dextrously or rather so violently Hook 65. that he forced the Primate to fly by Night in his Pontificals from Howth to the Priory of Grace Dieu and thence chased him out of the Diocess or rather Province of Dublin and in the same year the Judges of the Court of Kings Bench were reduced to the number of Three The Year 1311 was troublesome enough 1311. for Frag. 4. in May Richard Earl of Vlster invaded Thomond Davis 134. and marched up to Bunratty where Richard de Clare met and defeated him and took him the Lord William Burk and others of his Kindred Prisoners and slew John de Lacy and many more of the Earls Followers and in November following the same Richad de Clare defeated the Irish and slew Six hundred Galloglasses Nor were the Civil Discords less amongst the Irish for Donough O Bryan was murdered by his own Men in Thomond and John Mac O Hedan was slain by O Molmoy and William Roch was murdered by a Tory However the Birnes and Tools were numerous enough to invade Taslagard and Rathcanle and to terrifie Dublin by lurking up and down the Woods of Glendelory Nor could the State suppress them because Robert Verdon began a Riot in Vrgile and was so powerful that he defeated the Lord Justice and his small Army 1312. July 7. 1312. but afterwards upon better consideration he voluntarily submitted himself to the Kings Mercy whereupon the Lord Justice went for England and left in his stead Sir Edmond Butler 1312. Lord Deputy who being now at leisure to deal with the Birnes and Tools he manag'd that Affair so well that he soon forc'd them to submit and then sent his Father-in-Law the Lord John Fitz Thomas afterwards Earl of Kildare General into Munster who at Adare Knighted Nicholas Fitz Maurice afterwards Lord of Kerry and others This Year was famous for two mighty Marriages of Maurice afterwards Earl of Desmond and Thomas Fitz John afterwards Second Earl of Kildare to the two Daughters of the Earl of Vlster But these Rejoycings were soon over 1313. and the Misfortunes of the English in Scotland drew on a Scotch Invasion of Ireland At first the Scots only sent some Boats to prey the Costs of Vlster which were well resisted but before the year was out Edward Bruce came in Person he forc'd and rob'd the Castle of Man and took the Lord O Donel Prisoner it seems he retir'd again to collect a greater Army and the Deputy after he had on Michaelmas day made one and thirty Knights in the Castle of Dublin 1314. and had taken the best care he could
175. In like manner did one of the Cavenaghs serve Carew about the Barony of Idrone and if I thought that no Body else would ever be served so hereafter I would have omitted this Remark In those Days there was small Respect paid to the Sabbath Fragm M. S. 4. in Ireland for the Markets were in several Places kept on Sundays but at Carlow the Market was about this time changed to another Day In England the sixth Penny of the Goods of Lay-men Baker 117. through England Ireland and Wales was granted to the King but how it was levied here non constat It appears by the Writ mentioned Pryn 263. that the denized Irish would not punish Felony with Death and therefore that Writ enjoyns them that are 14 Edw. 2. and them that shall be denized for the future to submit to the English Laws in that particular which confirms my former Observation That the Irish were fond of the Benefit of the English Laws but were very averse from the Penalties of them And by another Writ recited Pryn 263. it appears That Common Pleas were held before the chief Governour and because the Parties were poor and could not prosecute their Writ of Error in England according to Law the King did a●thorize the new Governour to examine the former Judgment and to reverse it if he found just cause c. And lastly we find a Writ which was sent to John Earl of Louth Pryn 264. whilst he was Lord Justice authorizing him to remove all such insufficient Persons as his Predecessor Mortimer had put into Office in that Kingdom which is a notable President worthy Imitation in all Places and Ages THE REIGN OF EDWARD III. King of England c. And LORD of IRELAND EDWARD the Third upon the Resignation of his Father was proclaimed King the twenty fifth day of January 1327. and Crowned the first day of February following 1327. and being but fifteen years old had twelve Governors of him and the Kingdom appointed but they were but Ciphers and only had the bare Name of Governors whilst Mortimer and the Queen-Mother usurp'd and exercis'd the Power As for Ireland Thomas Fitz-John Earl of Kildare was made Lord Justice and Letters were sent to the Great Men of Ireland by Name to swear Fealty to the new King and to continue their Loyalty as they had done to his Predecessors And in his Time Adam Duff of the Family of O Toole in the County of Wicklow was burnt at Hoggin-Green in Dublin for Heresie or rather for most horrid Blasphemy for he denied the Trinity and the Incarnation of our Blessed Saviour c. And because it may be pleasant and useful to a curious Reader Lib. H. Lambeth I will give you a short Account of the Great Officers and others of Ireland and their Salaries as they were 1 Ed. 3. Earl of Kildare Lord Justice 500 Lib. Roger Outlaw Chancellor 040 Lib. Elias de Ashborne Justice for holding Pleas before the Justice and Council of Ireland 040 Lib. Roger de Werthorp Justice Itinerant 040 Mar. A Second Justice Itinerant Nicholas Falstoff Chief Justice of the Bench 040 Lib. John de Granset Second Justice 040 Mar. Roger de Preston Third Justice John Battalk Custos Brevium Rot. de Banc. 005 Lib. John Garnon Narrator Domini Regis 005 Lib. Simon Fitz-Richard Secundus Narrator 005 Mar. Richard Mayning Kings Sergeant 005 Mar. Robert Poer Treasurer 040 Lib. Thomas de Monte Pessulano Chancellor of the Exchequer 010 Lib. Roger de Birthorp Chief Baron 010 Lib. The Second Baron 010 Lib. Two Chamberlains of Exchequer 010 Lib. Remembrancer 010 Lib. A Summoner 004 Mar. Two Ingrossers of the Rolls in Term-time five pence per diem The Treasurers Clerk five pence per diem whilst the Exchequer is open Usher of the Chequer three half pence per diem A Chaplain of the Castle fifty Shillings per annum For Wax two Shillings Note a pound of Wax cost nine pence It was a common thing for the Great Men of Ireland as well Irish as English upon private Quarrels to make War one with another and sometimes upon very slight occasions an Instance whereof happened at this time Fragm 8. for Maurice Fitz-Thomas afterwards Earl of Desmond being disgusted with the Lord Arnold Poer for calling him Rimer did associate with the Butlers and Birminghams as Poer did with the Burks and began a War Davis 134. says it was Kildare that had like to have been fatal to the Burks and the Poers many of them were slain and more of them driven into Connaught and their Lands were burnt and preyed In vain did the Lord Justice interpose in this bloody Quarrel he appointed a Day to hear both Parties but the Lord Arnold Poer was so far from attending the issue of such a Meeting as well knowing that he was the first Aggressor and therefore the unlucky Causer of all those Calamities and Desolations that ensued that he fled to Waterford and thence into England The Army of the Fitz-Giralds and their Confederates was mightily increased in expectation of a greater resistance than they found but assoon as they understood that Poer was fled they executed their Revenge upon the Lands of their Enemies which had been to that time left undestroyed Cambden 181 They grew so formidable even to the Cities and Towns that they fortified and provided against them but upon notice of this the Confederates immediately sent word to the Lord Justice that they design'd no prejudice to the King or his Towns but had assembled to revenge themselves of their Enemies and that they were ready to appear before him at Kilkenny to clear themselves And accordingly in Lent they did meet at Kilkenny with the Lord Justice and the Kings Council 1327. and humbly crav'd a Charter of Peace or Pardon whereon the Lord Justice took time to advise But the Irish of Leinster hoped to advantage themselves of these Commotions and therefore set up Donald Mac Art Mac Morough of the Family of Mac Morough formerly Kings of Leinster for their King It seems he led his Army within two Miles of Dublin but he was defeated and taken Prisoner by Sir Henry Traherne and Walter de Valle who had one hundred and ten pounds reward for their pains and many of the Irish were slain but Mac Morough in January 1329. escaped out of the Castle of Dublin by help of a Rope sent him by Adam Nangle for which Fact Nangle was afterwards condemned and hang'd In the mean time the Lord Justice died at Minooth on Easter-Tuesday and Roger Outlaw Prior of Kilmainham Lord Chancellor was made Lord Justice in whose time David O Tool a strong Thief who had been taken Prisoner by the Lord John Wellesly the Lent before was this Summer condemned and executed at Dublin At this time in the Second Year of this Reign the Noble James Butler married the Earl of Hereford's Daughter Bak● which he had by
Pound six Shillings and eight Pence per annum Lib. G. and obtained an Order from the King and Council That all those who had Lands in Ireland should repair thither or send sufficient Men in their Room to defend the Country on Pain of forfeiting their Estates Nevertheless this Lord Justice was so far from subduing the Irish that he confessed he could never get access to know their Countries or Habitations and yet he had spent more time in the Service of Ireland than any Englishman then living So finding he could do no good he resigned to James Earl of Ormond July 24. 1376 Lord Justice In whose time the Counties Cities and Burroughs of Ireland sent Commissioners to the King to Treat and Advise about the Affairs of that Kingdom and not to the English Parliament as some have mistaken it Pryn. 305. And the King did Issue a Writ to the Lord Justice and the Chancellor requiring them to levy the reasonable Expences of these Commissioners from the respective Places that chose them by Writ under the great Seal of Ireland And accordingly John Draper who served for Cork had a particular Mandate to the Mayor and Bayliffs of that City to pay him his reasonable Expences as aforesaid It will not be unuseful to recite this Lord Justice his Commission because the Reader will thereby perceive what Authority he had and will also note the Difference between this brief Commission and the prolix Forms that are now used REX omnibus ad quos Ibid. c. Salutem Sciatis quod commisimus dilecto consanguineo nostro Jacobo le Bottiler Comiti de Ormond officium Justic nostr Hibern Terram nostram Hibern cum Castris aliis pertinentiis suis custodiend quamdiu nobis placuerit percipiend per ann ad Scac. nostrum Hibern quamdiu in Officio illo sic steterit quingent libras pro quibus Officium illud terram custodiet erit se vicessimus de hominibus ad arma cum tot equis coopertis continue durante commissione supradicta c. But by a subsequent Patent the sixth of August he had Power to Pardon all Offences generally or to particular Persons and by consent of the Council to remove or displace any Officer those made by Patent under the great Seal only excepted Ibid. 307. And by another Writ of the same date the former Commission was explained not to extend to the Pardon of any Prelate or Earl for any Offence punishable by loss of Life Member Lands or Goods And the same time Alexander Bishop of Ossory was made Treasurer of Ireland and a Guard of six Men at Arms and twelve Archers at the King's Pay allowed him I have seen a Copy of a Commission to Maurice Fitz-Thomas Lib. G. 13. Earl of Kildare to govern Ireland till Sir William Windsor's return it bore date the sixteenth of February 50 Edw. 3. and Stephen Bishop of Meath was appointed to oversee Munster but because I find no other mention of his being in the Government about this time I have therefore omitted to name him as Lord Justice And so we are come to the twenty first Day of June 1377. 1377. on which Day this victorious King died at Shene in Surry in the sixty fourth Year of his Age and of his Reign the one and fiftieth Lib. M. His Revenue in Ireland did not exceed ten thousand Pound per annum though the Medium be taken from the best seven Years of his Reign THE REIGN OF RICARD II. King of England c. And LORD of IRELAND RICHARD the Second only Son of Edward commonly called the Black Prince Eldest Son of King Edward the Third was by his Grandfather declared to be his Heir and lawful Successor and accordingly succeeded him in the Throne on the 21st of June and was Crowned at Westminster the 16th of July following 1377. His tender Age being but eleven years old required a Protector and because it seemed dangerous to commit that great Authority and Power to a single Person it was given to the Kings Unkles the Duke of Lancaster and the Earl of Cambridge and others who thought fit to continue in the Government of Ireland James Earl of Ormond Lord Justice he kept the Kingdom in as good order as those dangerous and troublesom Times would admit of Baker 141. for both the French and the Scots took advantage of the Kings Infancy to disquiet his Dominions but especially the Realm of England This Lord Justice according to the Usage in those days held Pleas of the Crown Lib. G. Lambeth and Gaol-delivery at the Naas on Monday after Valentines Day 1378. and not long after surrendred to Alexander Balscot Bishop of Ossory Lord Justice who continued in the Government until November following Lib. G. and then gave place to John de Bromwick 1379. Lord Justice in whose time Beauchamp Earl of Warwick was by the Parliament of England made sole Protector of the King and Kingdom And then was made that first Act or Ordinance against Absentees Lib. M. Lambeth 138. by the Assent and Advice of the Lords and Nobles of England Davis 38. 199 being in Parliament Whereby it is Ordained That all that have Lands 4th Instit. 356 360. Rents or Offices in Ireland shall return thither but if they have reasonable cause to absent that then they shall send sufficient Deputies to defend their Castles and Estates or contribute two Thirds of the yearly value towards the defence thereof but that Students and those in the Kings Service and those absent for reasonable Cause by Licence under the Great Seal of England shall be excused for one Third of the yearly Profit of their Estates This Act was confirmed afterwards Lib. F. 19 Edw. 4. and by vertue hereof the Mannor of Ballymaclo in Meath was seiz'd into the Kings Hands for the absence of William de Carew but was the next year restor'd to him on his Petition Prin 308. Septemb. 27. 1380. And it is to be remembred That this Act was occasioned by a Petition from Ireland and that it is mentioned in the Body of the Act that the Loss of Ireland would be a Disinherison to the King and his Crown of England Ibid. At the same Parliament at Westminster there was another Irish Petition for Mine and Coigne which I take to be a Liberty to dig Mines and a Mint to coyn Money For the Kings Answer is That for six years to come every one may dig in his own Grounds for any Mineral whatsoever even Gold and Silver paying the Ninth part thereof to the King and sending the rest to the Kings Mint at Divelin for the Coynage of which they shall pay the usual Rates but must transport none to any place except England on pain of forseiting it if it be seized or the Value if he be convict of it unless the Party had special Licence under the Great Seal of
twenty pence or two shillings from every one that passed the Seas On the twenty fifth Day of March the King knighted four Irish Kings 1395. Selden tit hon 842. and some other great Lords whereof Mr Selden out of Froisart gives the following Account Four Kings of several Provinces in Ireland that submitted themselves to Richard II were put under the Care of Henry Castile an English Gentleman who spake Irish well in order to prepare them for Knighthood by the Kings Command he informed them of the English Manners in Diet Apparel and the like He asked them If they were willing to take the Order which the King of England would give them according to the Customs of England France and other Countries They answered They were Knights already and that the Order they had taken was enough for them and that they were made Knights in Ireland when they were seven Years Old and that every King makes his Son Knight and if the Father be dead the next of Kin does it and that the manner is thus The new Knight at his making runs with slender Lances against a Shield set upon a Stake in a Meadow and the more Lances he thus breaks the more Honour continues with his Dignity But Mr. Castile told them They should receive a Knighthood with more State in the Church and afterwards being perswaded and instructed especially by the Earl of Ormond they did receive Knighthood at Christ-Church Dublin after their Vigils performed in the same Church and a Mass heard and some others were knighted with them but the four Kings in Robes agreeable to their State sate that Day with King Richard at the Table And so Davit 202. when the King had supplied the Courts of Justice with able Men particularly with Sir William Hankford Chief Justice who was afterwards Chief Justice of England and done his Endeavor to establish a Civil Plantation in the Mountains of Wicklow he returned to England about Midsummer 1394. as I suppose for on the fourth of July 1394 Roger Mortimer Earl of March was sworn Lord Lieutenant Pryn. 294. And not long after the aforesaid excellent Ordinances of 31 Edw. 3. were ratified revived and exemplified and sent into Ireland to be more duly observed than hitherto they had been But the Scene was changed and the Irish despising the weak Forces the King had left behind him began to lay aside their Mask of Humility and to make Incursions into the Borders of the Pale Nevertheless the English were not daunted their Valour supplyed what was wanting in their Number Cambd. particularly Sir Thomas de Burgh and Walter de Birmingham with their Forces slew six hundred of the Irish and their Captain Mac Con and the Lord Lieutenant and the Earl of Ormond wasted the County of Wicklow and took O Birnes House whereupon the Lord Lieutenant made seven Knights But this Victory was much overballanced by the Loss of forty principal Englishmen slain by the O Tools on Ascension-day and not long after by the Death of the Lord Lieutenant himself who was slain at Kenlis in Ossory by the O Birnes on the twentieth of July 1398. And thereupon Roger Gray was chosen Lord Justice 1398. pro tempore until the King sent over his half Brother Thomas Holland Duke of Surry Lord Lieutenant 1398. who landed at Dublin the seventh of October 1398. but did not long continue in that Office before the King pretending a Resolution to revenge the Death of his Cousin and Heir the Earl of March who was slain by the Irish as aforesaid He left the Government of England in the Hands of his Vnkle the Duke of York And on the first Day of June Richard 1399. King of England landed at Waterford with a good Army which he marched to Dublin through the wast Countries of Murroughs Kinshelaghs Cavenaghs Birns and Tooles but the Army was much distressed for want of Victuals and Carriages in those Deserts so that he performed no memorable Exploit save that he cut and cleared the Paces in the Cavenaghs Country and knighted Henry the Duke of Lancaster's Son afterwards Henry V for his briskness against the Irish On the sixth of June being the Friday after the King's arrival Jenico de Artois his faithful Gascoign slew two hundred Irish at Ford in Kenlis in the County of Kildare And the next Day the Citizens of Dublin made Incursions into Wicklow and killed thirty three Irishmen and took eighty Prisoners And on the twenty sixth of June the King came to Dublin and received the Submission of many Irish Lords But whilst he was consulting how to proceed he received the unwelcome News of the Duke of Lancaster's Progress in England whereupon he imprisoned his and the Duke of Glocester's Sons in the Castle of Trym and though he sent the Earl of Salisbury before him to gather an Army in Wales yet the King followed after so slowly that the Army was disperst before he arrived in England with which Misfortune his Courage fell so that on Michaelmass day he tamely surrendred the Crown and gave a just occasion for this true Remark Baker 152. That never any Man who had used a Kingdom with such Violence gave it over with such Patience He was afterwards deposed by Parliament and several Articles exhibited against him one of which was That he forced divers Religious Persons in England to give Horses Arms and Carts towards the Irish Expedition And another was That he carryed into Ireland the Treasure Reliques and other Jewels of the Crown which were used to be kept in the King's Coffers from all Hazard The King created Edward Plantagenet Earl of Cork in the twentieth Year of his Reign And the same Year gave a Licence under the Privy Seal to William Lord Courcy to buy a Ship to pass and repass to and from England And in this Reign happened this famous Case One Thomas a Clerk in England obtained a Judgment at Westminster against Robert Wickford afterwards Archbishop of Dublin and upon Affidavit That the Defendant lived in Ireland and had Goods and Lands there and the Sheriffs Return That he had no Lands nor Goods in England the Plaintiff had a Writ against the said Archbishop in haec verba IDeo vobis mandamus quod de terris catallis ejusdem Roberti Lib. M. jam Archiepiscopi in Terra nostra Hiberniae fieri facias praedict decem libras illas habeatis coram c. This Archbishop died anno 1390 so that this Writ must issue before that time THE REIGN OF HENRY IV. King of England c. And LORD of IRELAND HENRY Duke of Lancaster eldest Son of the famous John of Gaunt fourth Son of King Edward the Third upon the Resignation of King Richard procured him to be deposed in Parliament and himself to be elected King and the Crown to be entailed on him and the Heirs of his Body His Claim was as Heir to Henry III but finding that
to and from England Fifthly That a certain Fund be appointed for their Pay Sixthly That at the King's Charge he might have a Family or two out of every Parish in England to inhabit Ireland Seventhly To have Power of granting Benefices and of making a Deputy And Lastly That the Demesnes of the Crown may be resumed and the Acts of Absentees may be executed The Lord Lieutenant within a Week after he came to Dublin caused the Earl of Kildare and three of his Family to be arrested and suffered the Earls Goods to be rifled and spoiled by the Duke's Servants and kept the Earl himself in Prison in Dublin Castle until he paid three hundred Marks It is recorded that the Lord Lieutenant was desperately wounded in an Encounter at Kilmainham and hardly escaped with Life but it is not mentioned how nor by whom but it seems he design'd to revenge it and to make a general Hosting for he made Proclamation that all such as ought by their Tenures to serve the King should assemble together at Ross He also held a Parliament at Kilkenny for a Tallage to be granted but what Success he had in these Assemblies is not so manifest as it is that he went to England on the 13th of March leaving Thomas Butler 1409. Prior of Kilmainham his Deputy in whose time the King gave the Sword to the City of Dublin and changed their PROVOST into a MAYOR and not long after the Barbarous Mac Gilmore being routed and pursued by the Savages fled to the Church of the Friers Minors at Carigfergus which he had formerly defaced but they got into the Windows whence this Tory had formerly taken the Iron Bars and there they put an end to his Villany and his Life In Vlster Jenico de Artois the famous Gascoigne behaved himself briskly and slew eighty of the Rebels in a Skirmish he had with them But on the twenty first of May or rather the thirteenth of June the Parliament began at Dublin 1410. and made it Treason to take Coyn and Livery Lib. D. and on the tenth of July the Lord Justice took the Castles of Mibraclide in Offerol and De-la-mare It seems he proceeded to invade O Birns Country with fifteen hundred Kerns or Irish Souldiers and the Consequence was that they betrayed him and half of them went over to the Enemy so that it had gone hard with the Lord Justice if the Power of Dublin had not been there and yet he escaped not without loss for John Derpatrick was there slain The next Year was probably more quiet 1411. for there is nothing recorded of it except some considerable Marriages amongst the Grandees On the tenth of April 1412. O Connor did much Mischief in Meath and took an hundred and forty English and O Tool and Thomas Fitz-Maurice Sheriss of Limerick kill'd each other in a Duel About this time the King granted the Town and Ferry of Inishonan Lib. G. to Philip de Barry and it is to be noted that almost in every Parliament holden in England during this Reign the danger of Ireland is remembred although very little was done for it because of the frequent Troubles in England and so we come to the 20th day of March on which the King died at the Abbot of Westminster's House in the fourteen●h Year of his Reign and of his Age the forty seventh He died so very poor that his Executors refused to administer and therefore the Archbishop of Canterbury who is Ordinary to the Court where-ever it is exposed the Kings Goods to Sale and King Henry the Fifth bought them for the value to be paid the Executors to be disposed of according to his Fathers Will Rolls Abr. 906. but it seems he never paid the Money for it was afterwards ordained in Parliament 4 Inst 335 that the Executors should not be sued by the Creditors The Bishop of Meath is said to have been Lord Justice about the Year 1402. But because I do find him omitted by others and do not find that he did any thing worth mention I have therefore not inserted him as Lord Justice in Order THE REIGN OF HENRY V. King of England c. And LORD of IRELAND HENRY the Fifth succeeded his Father without any opposition and all the Nobility taking it then for a Law that the Crown belonged to the Heir of him that died last seized swore Homage and Allegiance to him before Coronation 1412. which was not usual in those days but this Magnanimous Prince was so taken up with Designs against France that Ireland was but little regarded in his Reign For the present He continued in the Government Thomas 1413. Prior of Kilmainham who did not long remain therein before he surrendred unto Sir John Stanly Lord Lieutenant he Landed at Clantarf the 7th of October and on the 6th of January after died at Ardee whereupon on the 11th of February the Nobility elected Thomas Crawly Lord Justice He was twice Chancellor and then Archbishop of Dublin and was a Man of fingular Piety and Learning and it is to be noted That the Parliament sate at Dublin the 26th of February so that it could not have above fifteen days of Summons though the Day of the Lord Justice his Admittance to the Government and the Day of the Session be included the Irish burnt the Pale during this Parliament as they used to do and therefore a Tax or Tallage was demanded but not granted and so that Parliament was dissolved after it had sate fifteen Days However 1414. the valiant Jenico de Artois invaded the Territory of Macgenis but was so unfortunate to lose many of his Men at Inor whereupon the Irish grew so insolent that the Lord Justice was necessitated to go out in person However he went no farther than Castledermond and there entrusting the Army with the Military men he remained with his Clergy in Procession and at Prayers for the Success of his small Army and the Event answered his expectation for the English slew an hundred of the Irish near Kilkea but that small Victory was soon over-ballanced by a Defeat which the English of Meath received from O Connor on the 10th of May to the Loss of Tho. Maureverar Baron of Shrine and many others and to the imprisonment of Christopher Fleming and John Dardis This Loss discovered the necessity of sending a Martial Man to the Government of Ireland and therefore on the 10th day of September Sir John Talbot Lord Furnival Lord Lieutenant Landed at Dalkye and immediately made a Circular Progress round the Pale in warlike manner He began with the Birns Tools and Cavenaghs on the South and so passing to the O Moors O Connors and O Ferrals in the West and ending with the O Relyes Mac Mahons O Neals and O Hanlons in the North he brought them all to the Kings Peace but he brought no Forces with him out of England and therefore though he had Strength enough to
discourage the Transportation of Bullion the King shall have twelve Pence Custome out of every Ounce Upon his Return to England the Lord Lieutenant accused the Earl of Ormond of Treason Burlace 78. before the Duke of Bedford Constable of England in the Marshal's Cou●t but the King abolished the Accusation Richard Talbot 1447. Archbishop of Dublin Lord Deputy he wrote a Tract de Abusu Regiminis Jacobi Comitis Ormondiae dum Hiberniae esset locum tenens Ca●ton chron And it seems Thomas Fitz-Thomas Prior of Kilmainham was on the Archbishops side for he accused the Earl of Ormond of Treason and the Combat was appointed between them at Smithfield in London but the King did interpose and prevent it Hitherto the English had made but a bordering War in Ireland and that it self but very unluckily and the small Army that was kept on foot was ill paid and therefore more hurtful to the Subject by their Oppression than to the Enemy by their Valour so that it was necessary to send some great Man thither and no Body so fit for it as Richard Duke of York Earl of Vlster March Rutland and Cork Lord of Conagh Clare Trim and Meath for besides his Quality and Valour he had a great Estate in that Kingdom and it answered another Design of the Cardinal of Winchester who did then in effect govern England which was to remove this Duke from the Regency of France to make room for the Duke of Somerset and so he was made Lord Lieutenant of Ireland 1449. and landed at Hoath the fifth of July 1449. But the Duke of York who fathomed their Designs and had other Intrigues of his own would not accept of the Government of Ireland Davis 51. but upon very advantagious Conditions which were reduced to Writing by Indenture betwixt the King and him and are recorded by Act of Parliament in Ireland and were to this effect I. That he should be the King's Lieutenant in Ireland for ten Years II. That to support the Charge of that Country he should receive the whole Revenue certain and casual without Account III. That he should be supplied with Treasure out of England in this manner viz. four thousand Marks the first year whereof he should be imprested two thousand Pounds before-hand and for the other nine years he should receive two thousand Pounds per annum IV. That he might let the Kings Lands to Farm and place and displace all Officers at his Pleasure V. That he might Levy and Wage what Number of Souldiers he thought fit VI. That he might make a Deputy and return at his Pleasure I do not find that this Lord brought over any considerable Forces with him or that he was able to keep any such on foot here not only because his Allowance was but small but also because that small Allowance was ill paid as appears by his passionate Letter to his Brother-in Law the Earl of Salisbury which is to be found Registred by Mr. Campion pag. 99. At his first coming 1450. the Irish were very insolent but he won upon them strangely Lib. M. partly by force and partly by their own Art of Wheedling He held a Parliament at Dublin in October Friday before S. Lukes Day and the Bishops of Leighlin Ossory Down and Limerick were fined for not coming to it This Parliament Enacted many good Laws viz. 1. That no Marcher or other keep more Horsemen or Foot than they can maintain and will answer for and that they give in a List of their Names to the Sheriff c. 2. It suppresseth Coynees Rep. 11. Car. 1. c. 6. Cuddies and Night-suppers and well sets forth the Grievances of those Times 3. That the Accuser shall give Security to pay the Damages of the Defendant if the Impeachment be found untrue 4. That every man may kill Robbers and notorious Thieves and shall have a Penny out of every Plow-land and a Farthing from every Cottage for his Reward 5. That the great Officers of the Kingdom shall not give Protections to any other than their Menial Officers and Attendants This Lord Lieutenant also held another Parliament at Drogheda in April on Friday before S. Mark 's Day which Enacted 1. That if the Remembrancer issue Process against any body that is discharg'd on Record in the Exchequer he shall forfeit his Office and treble Damage 2. That the Chancellor Treasurer and Judges or one of them be present at all Commissions of Oyer and Terminer in the Counties of Dublin Kildare Meath and Vriel 3. That no body shall sell Liquor but by Sealed Measures It seems that some of these Statutes were occasioned by a doleful Letter sent from Cork which the Irish Historians place in the Reign of Henry the Fourth and yet direct it to the Earl of Rutland and Cork and therefore it will be more properly applied to this Time when he was Lord Lieutenant and follows in haec Verba IT may please your Wisdoms to have pity of us Camp 94. the Kings poor Subjects within the County of Cork or else we be cast away for ever for where there was in this County these Lords by Name besides Knights Esquires Gentlemen and Yeomen to a great number that might dispend yearly eight hundred pounds six hundred pounds four hundred pounds two hundred pounds one hundred pounds one hundred Marks twenty pounds twenty Marks ten pounds some more some less to a great number besides these Lords following First The Lord Marquess Carew his yearly Revenues were besides Dorsey-Haven and other Creeks two thousand two hundred pounds sterling The Lord Barnewale of Bear-haven his yearly Revenues were besides Bear-haven and other Creeks sixteen hundred pounds sterling The Lord Uggan of the great Castle his yearly Revenues were besides Havens and Creeks one thousand three hundred pounds sterling The Lord Balram of Emforle his yearly Revenues were besides Havens and Creeks one thousand three hundred pounds sterling The Lord Courcy of Kilbreton his yearly Revenues besides Havens and Creeks one thousand five hundred pounds sterling The Lord Mandevil of Barnhely his yearly Revenues besides Havens and Creeks one thousand two hundred pounds sterling The Lord Arundel of the Strand his yearly Revenues besides Havens and Creeks one thousand five hundred pounds sterling The Lord Baron of the Guard his yearly Revenues besides Havens and Creeks one thousand one hundred pounds sterling The Lord Sleynie of Baltimore his yearly Revenue besides Havens and Creekss eight hundred pounds sterling The Lord Roche of Pool Castle his yearly Revenues besides Havens and Creeks one thousand pounds sterling The Kings Majesty hath the Lands of the late young Barry by Forfeiture the yearly Revenues whereof besides two Rivers and Creeks and all other Casualties is one thousand eight hundred pounds sterling And at the end of this Parliament your Lordship with the Kings most Noble Counsel may come to Cork and call before you all these Lords and other Irishmen and bind them in
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 B●●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 La●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-Eus●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 Engla●d ● 〈◊〉 4. and that that noble Family was in Disgrace all this ●e●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
Courts of Exchequer and Commonpleas be removeable at the Discretion of the chief Governour on twenty eight Days notice V. That the Earls of Desmond and Kildare and Edward Plunket Esq as well for Alliances Fosterage and Alterage with the King's Irish Enemies as in furnishing them with Horse and Arms and supporting them against the King's Subjects which is notoriously known to be against the Kings Laws and the laudable Statutes of the Land Lib. D. be attainted of Treason and that whoever hath any of their Goods or Lands and doth not discover it to the Deputy within fourteen Days shall be attainted of Felony By vertue of this Act of Parliament Davis 186. the great Earl of Desmond was beheaded at Drogheda the fifteenth of February 1467. Report makes his Crime to be That of extorting Coyn and Livery And the Irish say it was for an affront he put upon the Queen for being of a noble Race and a generous or rather proud Spirit he despised the King's Marriage with so mean a Subject as the Lady Elizabeth Grey and often said She was a Taylors Widow Perhaps he had more reason than any Man to speak bitterly against such Matches because he had no other Title to the Earldom of Desmond than by the Marriage of his Nephew Thomas the fifth Earl of Desmond to Katherin ni William mac Cormock one of his Vassals for which that Earl was so persecuted by his Relations that he was forced to resign his Earldom to this his Unkle who is commonly called by the Irish Thomas of Drogheda And it would be a very hard case that the Nephew should be so abused for an Act which the King had justified by following the Example and therefore the Unkle exclaimed against that Action as a thing too base to be imitated or excus'd There is also another Vulgar Tradition about this matter which seems very unlikely Lib. P. if not impossible and that is That the Queen should steal the Privy Signet and put it to an Order for his Execution But it is well worth our Observation Davis 185. That as the Earls of Desmond were the first Introducers of Coyn and Livery among the English and the first that broached the distinction between English of Birth and English of Blood and the first Peers that refused to come to Parliament upon Summons so they were the only Peers that ever were executed in Ireland and the only Noble English Family that was by the Hand of Justice extinguished there so that this degenerate Family which of all others was most injurious and ungrateful to the English Government did suffer more by the same Government than any other Family in that Kingdom and those Exactions of Coyn and Livery which were the Foundations of their Grandure did at last prove the cause or occasion of their Ruine in the person of Gerald the fifteenth Earl of Desmond On the twenty sixth of February Edmond Lord Dunboyn Lib. G. for taking Con O Connor Prisoner and delivering him to the Lord Deputy and for other Services he had done the State obtained a Patent for ten Pound per annum payable out of the Fee farm Rents of Waterford forfeited by the Attainder of James Earl of Ormond and also the Prisage of Limerick Cork Ross Galway Youghal Kingsale Dungarvan and Dingle and the Lands of Castle-Richard in Meath habendum during his Life It is plain by many Circumstances and particularly that of his short stay in Ireland that this Lord Deputy came over meerly to serve a turn for as soon as the Earl of Desmond was executed the Earl of Kildare was not only pardoned but also the Lord Deputy hastned to England and left Thomas Earl of Kildare 1467. Lord Justice and afterward Lord Deputy to the Duke of Clarence Selden 841. In whose time John Bold was made Baron of Ratooth This Lord Justice held a Parliament at Drogheda which enacted I. That whereas it was doubted October 1468. whether the Act of 6 Rich. 2. That Women consenting to Ravishers should forfeit their Inheritance were of Force in Ireland it is now put out of Doubt and that and all other English Statutes made before that time are confirmed here II. Against Regrators and Ingrossers He also held another Parliament at the Naas Friday after S. Andrew's Day 1472. which was adjourned to Dublin to the Friday after S. Gregory's Day and enacted I. That Staple Wares be not transported to Scotland without payment of the Custom called the Coquet upon Pain of Forfeiture of the same II. That every Merchant shall bring twenty Shillings worth of Bows and Arrows into Ireland Repeal 10 Car. 1. ch 22. for every twenty Pounds worth of other Goods he imports from England III. That no Grain be transported out of Ireland if the Market Price exceed ten Pence a Peck on pain of forfeiting Ship and Goods But it was all repealed by the Parliament Lib. G. 18 Edw. 4. Nevertheless there was an Act of Parliament this Year of 12 Edw. 4. to this effect That there should be a Fraternity of Arms of the number of thirteen Persons Ex offic magistr Rot. in Castr Dublin Davis 55. of the most Honourable and faithfully disposed in the Counties of Kildare Dublin Meath and Louth viz. three out of each County and four from Meath that is to say Thomas Earl of Kildare Rowland Eustace Lord of Portlester Sir Rowland Eustace Knight for the County of Kildare Robert Lord of Hoath the Mayor of Dublin for the time being and Sir Robert Dowdal Knight for the County of Dublin the Lord Gormanstown Edward Plunket Seneschal of Meath Alexander Plunket Esq and Barnaby Barnewal Esq for the County of Meath and the Mayor of Drogheda Sir Lawrence Taaf Knight and Richard Bellew Esq for the County of Louth And that they and their Successors should yearly assemble at Dublin on S. George's Day and there chuse one of them to be Captain for the next year the which Captain and Brethren shall be created a Society by the Name of the Captain and Brethren at Arms the Captain shall have an hundred and twenty Archers on Horseback at six pence a Day for Meat Drink and Wages and forty Horsemen and forty Pages at five pence a day for him and his Page and four Marks per annum Wages the Captain and Brethren and their Successors to support this Charge shall have twelve pence per Pound out of all Merchandize sold in Ireland whether it be imported or exported except Hides and the Goods of the Free-men of Drogheda and Dublin and the Mayors of Dublin and Drogheda to be the Receivers of the foresaid Poundage the Fraternity shall have Power to make Laws for the good Governance of the Society and to elect a new Brother in the place of any deceasing and the Captain shall have Authority to apprehend all Out-law'd Rebels and others that will not be justified by Law And this was the Original of 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 93● 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
his Reward And this is all I find done in Ireland during this Kings Reign 1485. which ended at the Battel of Bosworth on the two and twentieth Day of August 1485. THE REIGN OF HENRY VII King of England c. And LORD of IRELAND HENRY TVDOR 1485. Earl of Richmond Heir of the House of Lancaster by the Victory at Bosworth obtained the Crown of England and had the more solemn Possession of it at his Coronation on the thirtieth Day of October following To these two Pretences of Conquest and Possession he added the more specious Title of an Act of Parliament and yet thought himself not secure until he married Elizabeth Daughter of Edward IV in whom the Right really lay she being Heiress of the House of York However he governed as in his own Right and that so absolutely that he suffered not the Queen to intermeddle in State Affairs even so much as was usual for the Wife of a King Gerald Earl of Kildare whom he found Deputy to the Earl of Lincoln Wares Annals 2. he continued Deputy to the Duke of Bedford he also continued the Chancellor Treasurer and other Officers of State whom he knew partial to the White-Rose without joyning others of his own Party with them because he would the●eby insinuate That he had a Confidence in their Integrity and that he was elevated above Fear or Suspicion Nevertheless Sir Thomas Butler Earl of Ormond whose Family were fast Friends to the House of Lancaster and for which they had suffered exceedingly was not neglected but was by Act of Parliament in England restored both to Honour and Estate and soon after he was sworn of the Privy Council in England Lib. G. Lamb. And it seems that the Family of Desmond was also restored because I find that the Lord of Kerry did this Year recover some Lands in that County by Assize in the Court-Palatine there before Thomas Copinger Gent. Seneschal of the Liberties of Kerry unto James Earl of Desmond I should not have observed that Edmond Courcy was now made Bishop of Clogher but that he was the first Englishman that ever sat in that See There is not much mention made of any Disturbances this Year Ware 3. except that remarkable Contest between James Keating and Marmaduke Lumley about the Priory of Kilmainham Keating had been deprived by the great Master of that Order anno 1482 being accused of pawning or selling divers Ornaments of the House and particularly a Piece of the Cross and for alienating and incumbring the Revenues of the Priory and Lumley was substituted in his room but as soon as Lumley arrived at Clantarfe to take possession of his new Dignity Keating with a Company of Men came thither and took him Prisoner and detained him in Custody until he resigned all the Writings and Instruments of his Election and Confirmation and then Keating gave him the Preceptory of Kilsaran in the County of Louth But Lumley complained of this Usage as well to the King of England as to the great Master of the Order at Rhodes and at length prevailed to get Keating excommunicated whereas he was so inraged that he turned Lumley out of his Preceptory by Force and put him in Prison in spight of Octavianus de Palatio Archbishop of Armagh who did his Endeavour to protect Lumley It is probable that Lumley died in Prison because we hear no farther of him and because it is certain he never came to be Prior And as for Keating although he did make a shift to keep the Priory almost nine Years afterward by strong Hand yet at last he was ignominiously ejected and died in Poverty and Disgrace being succeeded by James Vale. It became a Question this Year in England 1 Hen. 7. 4. b. How the Attainder of this King should be taken off but it was unanimously resolved by all the Judges That the Possession of the Throne or the Assumption of the Royal Dignity did take away all Imperfections Incapacities and Attainders whatsoever And it is observeable that the Judges say The taking upon him to be King did all this for the Crown did not Descend to Henry VII because he was not the true Heir but afterwards married her that was so Nor can any thing properly descend to a person attainted because the Blood is corrupted so that he cannot be Heir to any Body But the King perceiving that the Faction of York was at work in Ireland 1486. sent for the Lord Deputy to repair to him into England but he being loath to undertake that Journey procured Letters from the Council June 4. importing That his Presence was so necessary in Ireland that he could not at present be spared from that Government And by these Means he excused himself for a while In the mean time Lambert Symnel a Youth of a lovely and fascinating Countenance and of a princely Behaviour was well instructed by a crafty Priest Sir Richard Symon to personate the Earl of Warwick only Son of George Duke of Clarence for which Duke being their Countryman born the Irish had a wonderful Respect as indeed they had generally for all the Family of York This Youth had learned his Lesson so well that Margaret Dutchess of Burgundy resolved to set him up against King Henry although there were two great Flaws in this Contrivance The one was That the true Earl of Warwick was in King Henry's Hands in the Tower of London The other That he was not right Heir to the Crown because there were Children of King Edward the Fourth still living Nevertheless she sent this Counterfeit Prince to Ireland where he met with all the Countenance he could desire as well from the Lord Deputy as from almost all the rest of the Nobility Gentry Clergy and People the Archbishop of Armagh the Bishop of Clogher and the Families of Butler and S. Lawrence and the City of Waterford only excepted And though the King caused the true Earl to be taken out of the Tower and shewn publickly in London which marred all their Designs there yet the Irish were not thereby Discouraged but confidently accused the King of Imposture as he did them and therefore that Project was not so effectual to him as was another of getting a Bull from the Pope requiring the Clergy to excommunicate the Rebels as often as the King should desire it which did him a great deal of Service But Mac Mahon took advantage of these Stirs and invaded Louth which he burnt and preyed according to the Custom of making War in those Days he destroyed twenty eight Villages in that Country And the Tempest was no less fatal to Vlster where it rooted up Trees and threw down Houses In May the Dutchess of Burgundy sent over two thousand Germans under the Command of Martin Swart an old Soldier with them there came the Earl of Lincoln the Lord Lovel and others and were kindly received and lovingly entertained by the Nobility Gentry and People of
bind themselves to Allegiance by Oath and Recognizance and when he returned to Dublin on the 26th Octavianus Archbishop of Armagh Philip Birmingham Chief Justice of the Kings Bench and Thomas Dowdal Master of the Rolls followed the same Example There was great intercession made for Prior Keating and Thomas Plunket Chief Justice of the Common Pleas and at length Plunket was pardon'd but Keating was not only left unpardoned but was also removed from the Command of the Castle of Dublin whereof it seems he was Governour or Constable and Richard Archbold whom he had formerly ejected was now restored and perhaps Keating had been used worse if his Habit and Order had not protected him for the King hated him more than all the rest being as it seems one of the most violent and most powerful Abettors of the Impostor Symnel and so Sir Richard Edgecomb having faithfully executed his Commission embarked at Dalky the 29th of July and arrived in Cornwal on the 8th of August Soon after this the Lord Deputy and Council sent over the Bishop of Meath to obviate the Designs of their Enemies and to thank the King for his Favours and to assure him of their future Allegiance and he managed his Negotiation so successfully that although the Archbishop of Armagh who was of the Kings side and a Favourite did use his utmost Endeavours to get the Chancellorship yet he could not obtain it lest thereby Kildare and his Party might be disobliged and the Kingdom just now appeased and growing towards a Settlement might again be disturbed by new Jealousies and Commotions And now the Lord Deputy is at leisure to call Macgeoghan to account for all his Depredations in the Pale 1489. he invaded his Country and took the Castle of Bileragh and preyed and wasted the whole Territory of Moycassel and being loaden with Booty he returned to Dublin But the King being still jealous of the Nobility of Ireland whom he knew to be exceedingly addicted to the House of York sent for most of them to come over to him into England and thither went the Earl of Kildare the Viscounts Buttevant and Fermoy and the Lords of Athenry Kingsale Gormanstown Delvin Hoath Slane Killeen Trimleston and Dunsany They waited on the King at Greenwich where Lambert Symnel served as Butler purposely to ridicule and expose their Folly who would Crown such a Fellow for their King but after some sharp Reproofs they were all taken into Favour and graciously dismiss'd I suppose not without some Presents though only that of three hundred Pieces of Gold to the Lord of Hoath be mentioned But whilst these things were doing in England Maurice Buckagh Earl of Desmond obtained two Victories in Ireland the one against Morough O Carol who was slain in the Battel together with his Brother Moyl Murry and the other against Dermond Mac Teige Carty whom he also killed On the 6th of July a Provincial Synod was held at Athird Ware 24. by Octavianus Archbishop of Armagh at which were present the Bishops of Meath Clogher Ardagh Dromore Kildare Raphoe and Cluanmacnoise There was a great Contest at this Synod between Thomas Brady and one Cormock about the Bishoprick of Kilmore it was by common consent refer'd to the determination of the Bishops of Meath Clogher and Ardagh and what End they made of it non constat but six years after both of them were called Bishops of Kilmore and as such both of them were permitted to sit in the Synod of Drogheda The Summer and Harvest were so wet in Ireland 1491. that the Corn could not be saved and therefore a great Dearth ensued which was accompanied with a Disease called the Sweating Sickness which now came to be first felt and known in Ireland And it seems that a Parliament was held at Trim on Friday after Epiphany but none of their Acts are extant But in March a Proclamation issued against bad Money and Nicholas Flyn was made Supervisor of the Mints at Waterford and Dublin It was about this time that O Neal wrote this short and famous Letter to Hugh Roe O Donel from whom he demanded Chief-Rent which the other denied and refused to pay Cur hoom mi Keesh no monna Curhir i.e. Send me my Rent or if you don't as much as to say he would force him to it But O Donel replied Neel Reesh a gut urm agus dabeh i.e. I owe you no Rent and if I did meaning that he would not pay it so to Blows they go and after some Bickerings and Losses on both sides they agreed to refer all their Differences to the Lord Deputy but in vain for all that he could do could not reconcile them So to Blows they fall again and came to a bloody Battel wherein the Loss was almost equal but if there were any disadvantage in that Point it was of O Donel's side but that was more than balanced by the Death of O Neal who in January 1492 was Murdered by his Brother Henry so that Tyrone became divided between Henry and Daniel O Neal betwixt whom there was continual Wars until the year 1497. and then upon the Resignation of Daniel Henry became sole Proprietor and the same year of 1497 O Donel likewise being superannuated and decrepit gave up his Principality of Tirconnel to his Son Con. But the King finding that the Duchess of Burgundy was again busie at work about setting up another Impostor thought it necessary to put the Government of Ireland in the hands of such as he might confide in and therefore he removed the Earl of Kildare and Walter Fitz-Symons 1492. Archbishop of Dublin was made Lord Deputy to Jasper Duk● of Bedford and Sir James Ormond Natural Son to John Earl of Ormond was made Lord Treasurer in the room of Eustace Lord of Portlester who had enjoyed that Office eight and thirty years This new Lord Treasurer came to Ireland in June with a small Band of Souldiers and it so hapned that upon some Quarrel between him and the Earl of Kildare near Dublin there was a Skirmish which proved very prejudicial to both the Families of Butlers and Giraldines and the more because the Irish took advantage thereby to infest the Pale and to disturb the English Borders However in September following more Alterations were made in the great Offices of State Alexander Plunket was made Lord Chancelor Thomas Butler Master of the Rolls and Nicholas Turner was constituted Chief Justice of the Common Pleas in August before and the Earl of Ormond and the Prior of Canterbury were sent Ambassadors to the French King This Summer was so dry that abundance of Cattel perished for want of Water and the Air grew so Pestilential that a multitude of People and particularly the Lord of Slane died of the Plague But a greater Mischief than this hapned to the unfortunate Kingdom of Ireland by the Arrival of Perkin Warbeck who to supply the Defects of the former Imposture did pretend to be Richard Duke of
this he did because he was then in Rebellion against Henry the Sixth and to encourage his Partizans to repair to him in Ireland and by vertue of this Act he Executed William Overy Esq who was Servant to the Earl of Ormond And now the Abettors of Lambert Symnel and Perkin Warbeck which are the Lads mentioned in the new Statute excused themselves upon the aforesaid Act and therefore it was now repealed and all Receivers and Maintainers of Traytors are by this Act made guilty of Treason and Obedience is commanded to be paid to the Great Seal and Privy Seal of England and to Letters Missive under the Kings Signet IV. The Famous Statute commonly called Poyning's Act That no Parliament should for the future be holden in Ireland until the Chief Governor and Council do first certifie the King under the Great Seal of that Land as well the Causes and Considerations as the Acts they design to pass and till the same be approv'd by the King and Council and a Licence thereupon do issue from the King to summon a Parliament and that all Parliaments hereafter holden in other manner be void and of none effect And it is to be noted That this Act was by the Statutes of 28 Hen. 8. c. 4. c. 20. suspended as to that Parliament and by the Statute of 3 4. Philip and Mary it is very excellently and at large explained and by the Statute of 11 Eliz. c. 1. Poyning's Act was again suspended or superseded as to that Parliament in confidence that their most worthy Governour Sir Henry Sydny would not pass any Bills prejudicial to the Queen or the Kingdom but because they had not the same Assurance of their future Governours they did upon second thoughts and in another Session make a Law 11 Eliz. c. 8. That no Bill should for the future be certified into England for the Repeal of Poyning's Act until first such Bill should be approved of by the Majority of both Houses of Parliament in Ireland nevertheless whenever it shall happen that the English and Protestant Interest in Ireland shall overtop its Enemies and make a Majority in Parliamentary Assemblies that Act of Poyning's which was made only to help the English when too weak for the Irish will be obsolete and useless when the Irish Popish Interest becomes inconsiderable V. That all the Statutes against Provisors made in England or Ireland be put in execution here VI. That no Citizen or Townsman receive Livery or Wages from any Nobleman or Gentleman neither engage themselves by Indenture or otherwise to any Lord or Gentleman on pain of being disfranchis'd and expell'd the Corporation and the chief Magistrate to forfeit Twenty Pounds if he fail to punish the Transgressors of this Law and that no Lord or Gentleman shall retain any other but his Officers and Menial Servants on pain of Twenty Pounds VII That none be Aldermen Jurors or Free-men in any Town but such as have been Apprentices or constant Inhabitants there and that no man be Mayor but one known to be Loyal nor no Lord or other be made privy to their Consultations except their Recorder on pain of an hundred Marks and all their By-Laws contrary to the Kings Prerogative and Jurisdiction to be void and that this Act be recorded in every Corporation VIII That the Statutes of Kilkenny be confirm'd and executed except those about the Irish Language and riding on Saddles IX That the Subjects keep Bows and Arrows X. That the Captains of Marches do present the Names of their Retinue by Indenture that they may answer for their Defaults and that it be Felony to succour or willingly suffer Rebels or Enemies to pass and re-pass the Marches and that every Proprietor of Land in the Marches do reside thereon or appoint a sufficient Deputy to do so on pain of losing his Estate during his Absence and that all People near the Marches from Sixteen to Sixty be ready on warning in their best defensible Array to defend the same XI That no man compound for the Death or Murder of his Friend or Relation nor revenge it but according to Law XII That no man keep Fire-Arms after Proclamation on pain of Twenty Pounds XIII That it be Treason to stir up the Irishry to make War on the English or any body to make war against the chief Governour of Ireland XIV That one of the Realm of England be Constable of the Castle of Dublin and the like of Trim Lexlip Athlone Wicklow Green-Castle Carlingford Castlefergus repeal'd 11 Car. 1. c. 6. And hence arose the vulgar Error That no man can be Lord Lieutenant of Ireland but an Englishman born XV. An Act about the Records of Vlster Conaught and Trim. XVI That the Lords appear in their Robes every Parliament on pain of one hundred Shillings XVII That no man shall make Peace or War without the Consent of the Chief Governour on pain of one hundred Pounds c. for it is to be noted that before this time every Lord made War or Peace as he pleased without Pay or Commission XVIII That no man take Money or Horsemeat by colour of Gift Reward or otherwise by reason of any Menace and if he do the Giver is to forfeit an hundred Shillings unless he complains seasonably and the Taker is to suffer the Punishment appointed for the Takers of Coyn and Livery XIX That the Souldier shall pay three halfpence a Meal and his Man a Penny and a Penny for six Field-sheaves of Oats and Litter according and whoever refuses to quarter Souldiers at this Rate forfeits twelve pence a time unless he be a Man of twenty Marks Estate per annum and except Cities and Corporate Towns XX. That the Words Cromabo and Butlerabo and such like Words of Faction be abolished XXI That wilful Murder be High Treason XXII That all the Statutes late made in England concerning or belonging to the Publick Weal be henceforth good and effectual in Ireland And XXIII That the Statutes made by the Lord Gormanstown aforesaid he repeal'd and null There were many other Statutes made at this Parliament Lib. D. although they are not Printed Davis 171. One was That the King should have a Subsidy of twenty six shillings and eight pence out of every sixscore Acres of Arable Land in lieu of Purveyance which it seems was together with Coyn and Livery supprest by that Act Rot. Parl. c. 4. And another Act gave Power to the Lord Treasurer to govern the Kingdom on the Death or Surrender of the Chief Governor until the Kings Pleasure were known There was also an Act made in favour of the Knights of St. John's of Jerusalem to resume all their Possessions alienated by Prior Keating or his Predecessor Thomas Talbot and to restore the Jewels and Reliques they had pawn'd to depose the Preceptors they had placed in the Commanderies and that no man but an Englishman should be Prior for the future Another Act made a general
another Parliament at Dublin by the Title of Lord Deputy to Henry the King 's second Son who it seems was about this time made Lord Lieutenant but there is no Record remaining of what they did except some Amercements or Fines they imposed on some that were summoned to that Parliament and did not appear The Lord Deputy began the Year 1499 with an Expedition into Connaught 1499. where he took the Castles of Athleage Roscomon Tuilsk and Castlereagh and placed Garrisons in them And in the mean time Tirlagh O Brian who after the Death of Gil-duff was Chief or Lord of Thomond had great Contests with Sir Pierce Butler about Preys and Bounds of Land which according to the Custom of these Times centred in a Battle wherein the Butlers were defeated and the Sovereign of Kilkenny was slain It seems that there was another Parliament held at Castledermond which Town I suppose was then and still is belonging to the Earls of Kildare on the twenty sixth of August which gave the King and his Heirs an Impost of twelve Pence per Pound of all Merchandize imported to be sold here Irish Stat. 43. Wine and Oyl excepted And it is probable That there were some Orders if not Acts That the Nobility should ride on Saddles Ware 's An. 60. according to the English Custom and should wear their Robes in Parliament And both the Clergy and Laity gave the King a Subsidy The Printed Book of Statutes has only the first of these Acts and places the Parliament in anno 1500. which is undoubtedly a Mistake And Sir James Ware ascribes the aforesaid Act against Customers to this Parliament which is also a Mistake And both these Oversights will appear and 〈◊〉 rectified if you rightly consider the beginning of the King● Reign the twenty second of August 1485. and that the Earl of Kildare was Lord Lieutenant 14 Hen. 7. when 〈…〉 Act was made and was Lord Deputy when the later 〈…〉 sate And that this change of his Title happened 〈…〉 later end of the Year 1498. It seems that the Male-contents in Ireland having los● their beloved Idol Perkin Warbeck would not so give out but were active to set up the Bastard-Son of Richard the Third or some body that should personate him but it came to nothing And so we are come to the Year of Jubile 1500. which concludes the Fifteenth Century and brought with it large Indulgences from the Pope Alexander the Sixth to be distributed by his Agent Gasper Pow to all the King's Subjects who would contribute to the War against the Turks but if we may believe Polydor Virgil the Irish had the good Manners to thank the Pope for his Favour and the Wit to keep the Money in their Purses But the Lord Deputy made another Expedition into Vlster probably in favour of his Nephew Tyrlogh O Neal for as soon as he had taken the Castle of Kinard he made Tyrlogh Governor of it and returned On the First of August the Charter of Cork was restored and their Priviledges enlarged by a new Charter which was followed by a sad Accident for David Barry Arch-Deacon of Cork and Cloyne murdered his own Brother William Lord Barry and was himself serv'd in the same kind by Thomas Barry and his Body taken out of the Grave and burnt by Command of the Earl of Desmond And so we must close this Century with the accidental and unfortunate Conflagration of the Town of Galway which was first governed by a Provost then Sovereign and Bayliffs then Mayor and Bayliffs and now by Mayor and Sheriffs and with very wet and bad Weather which continued from the middle of September to the End of Winter Leinster and Munster were indifferent quiet all this Year 1501. but Vlster and Connaught were far otherwise one of the O Connors took the Castle of Sligo by Assault and many private Murders were committed in Vlster O Neal also and the Scots had some Bickerings near Armagh on the 17th of March to the Damage of the later who lost four Captains and sixty Souldiers and to this time we must refer these Bald Verses representing the miserable Estate of Armagh Civitas Armachana Civitas vana absque bonis moribus Mulieres nudae Carnes crudae Paupertas in Aedibus The next Year produced a General Murrain amongst the Cattel all over Ireland and many Murders in Vlster upon private and frivolous Quarrels But in the beginning of the Year 1503. 1503. the Lord Deputy went to England leaving Walter Fitz-Symons Archbishop of Dublin Lord Deputy but he staid not above three Months in England for having done his Business to his Mind he return'd in August with great Honour and new Instructions Girald Earl of Kildare Lord Deputy being returned did about the latter end of Autumn make another Expedition into Vlster where he took and destroyed the Castle of Belfast and placed one Stanton and a good Garrison in Carigfergus and then marched back to Dublin In the mean time Theobald Burk Proprietor of Muskry-Cuirk in Munster was slain in a Skirmish with Donough O Carol and Cornelius O Dwyer but another of the Burks had better Fortune in Connaught for he defeated Malachiah O Kelly and all his Party On the 18th of February Girald Fitz-Girald the Lord Deputy's Eldest Son was made Lord High Treasurer of Ireland of whom we shall read more hereafter But the Irish Lords finding themselves too weak separately to oppose Kildare as they used to do to other Governors many of them confederated together the Principal of them was Vlick Burk Chief of Clanricard commonly called Mac-William Tyrlogh O Brian Chief of Thomond Melrony O Carol c. and got together the greatest Army that had been in Ireland since the Conquest whereof the Lord Deputy having notice he also assembled his Forces and being accompanied by the Lords of Gormanstown Slane Delvin Killen Houth Trimletston and Dunsany John Blake Mayor of Dublin O Donel O Reyly Ware 71. the Bishop of Ardah the Gentlemen of Annaly now Longford and some Townsmen of Drogheda and some others from the North he marched into Connaught and on the 19th of August at Knocklow both Parties met and fought a bloody Battel 1504. which was for some hours very dubious but at last the Lord Deputy got the Victory with the Slaughter of four thousand of his Enemies nine thousand says the Book of Houth and he also took some Prisoners amongst whom the two Sons of Vlick Burk were the chiefest it is prodigious that not one Englishman should be so much as hurt in this mighty Battel and yet in the white Book of the Exchequer it is so recorded Holingshead 79 The Consequence of this great Victory was the Surrender of Gallaway and Athenry the Destruction of that whole Country and the overloading the Conquerors with Prey and Booty Kildare being returned bestowed thirty Tun of Wine upon his Souldiers and the King bestowed a Garter on him and made him a
Monasterpheoris in the King's County And this Year began the Lateran Council under Julius II which ended under Leo X anno 1518. Kildare having the last Year put himself into a Condition of appearing early and formidably abroad this Spring 1512. undertook an Expedition into Vlster the Castle of Belfast which he had demolished nine Years since was now again repaired but unable to resist the Power of the Deputy it was again the second time taken and destroyed It is not recorded that Kildare met with much opposition so that he had little to do but to burn and waste the Country and to gather the Preys together most part whereof he divided among his Soldiers Rokeby Archbishop of Dublin held a provincial Synod at Dublin but what they did non constat for the Canons are lost And the Lord Deputy built the new Chappel in the Choir of Christ Church Dublin where himself was afterward buried About this time the Citizens of Dublin did assault the Earl of Ormond in S. Patrick's Church and shooting at random defaced Images c. For which Sacrilege they were enjoyned this Penance by a Legate sent on purpose viz. That the Mayor should go barefoot through the City before the Eucharist on Corpus Christi Day which was performed accordingly But because of the manner of Expression used in those Days and some other Curiosities in the Story I will insert it at large in the Words of Holingshead Between Gerald Earl of Kildare and James Butler H●●ingshead 82. Earl of Ormond their own Jealousies ●ed with Envy and Ambition kindled with certain lewd factious Abetters on either side as generally to all Noblemen so especially to both those Houses very incident ever since the ninth Year of Henry the Seventh bred some trouble in Ireland The Plot of which mutual Grudge was grounded upon the factious Dissention which was in England between the Houses of York and Lancaster Kildare cleaving to York and Ormond relying to Lancaster to the upholding of which Discord both these Noblemen laboured with Tooth and Nail to overcrow and consequently to overthrow one the other And for so much as they were in Honour Peers they wrought by Hook and by Crook to be in Authority Superiors The Government therefore in the Reign of Henry the Seventh being cast on the House of Kildare James Earl of Ormond a deep and far reaching Man giving back like a butting Ram to strike the harder Push devised to inveagle his Adversary by Submission and Courtesie being not then able to over-match him with Stoutness or Preheminence Whereupon Ormond addressed his Letters to the Deputy specifying a Slander raised on him and his That he purposed to deface his Government and to withstand his Authority And for the clearing of himself and his Adherent so it stood with the Deputy his Pleasure he would make his speedy Repair to Dublin and there in an open Audience would purge himself of all such odious Crimes of which he was wrongfully Suspected To this reasonable Request had the Lord Deputy no sooner condescended than Ormond with a puissant Army marched towards Dublin incamping in an Abby in the Suburbs of the City named S. Thomas Court The approaching of so great an Army of the Citizens suspected and also of Kildare's Counsellors greatly disliked Lastly the Extortion that the lawless Soldiers used in the Pale by several Complaints detected These three Points with divers other suspicious Circumstances laid and put together did minister occasion rather of further Discord than of any present Agreement Ormond persisting still in his humble Suit sent his Messenger to the Lord Deputy declaring That he was prest and ready to accomplish the Tenor of his Letters and there did attend as became him his Lordship his Pleasure and as for the Company he brought with him from Munster albeit suspicious Brains did rather of a malicious craftiness surmise the worst than of charitable Wisdom did judge the best yet notwithstanding upon Conference had with his Lordship he would not doubt to satisfie him at full in all Points wherewith he could be with any Colour charged and so to stop up the Spring from whence all the envious Suspicions gushed Kildare with this mild Message intreated appointed the Meeting to be at S. Patrick his Church where they were ripping up one to another their Mutual Quarrels rather recounting the Damages they sustained than acknowledging the Injuries they offered The Citizens and Ormond his Army fell at some jar for the Oppression and Exaction with which the Soldiers surcharged them with whom as part of the Citizens bickered so a round knot of Archers rushed into the Church meaning to have murthered Ormond as the Captain and Bell-Wether of all this lawless Rabble The Earl of Ormond suspecting that he had been betraied fled to the Chapter-House put too the Door sparring it with Might and Main The Citizens in their Rage imagining That every Post in the Church had been one of the Soldiers shot hab nab at random up to the Rood-Loft and to the Chancel leaving some of their Arrows sticking in the Images Kildare pursuing Ormond to the Chapiter-House-door undertook on his Honour That he should receive no Villany Whereupon the recluse craving his Lordships Hand to assure him his Life there was a Clift in the Chapiter-House-Door pierced at a trice to the end both the Earls should have shaken Hands and be reconciled But Ormond surmising that this Drift was intended for some further Treachery that if he would stretch out his Hand it had been percase chopt off refused that Profer vntil Kildare stretch'd in his Hand to him and so the Door was opened they both embraced the Storm appeased and all their Quarrels for that present rather discontinued than ended In this Garboil one of the Citizens surnamed Blanchfield was slain This latter Quarrel being like a green Wound rather bungerly botcht than soundly cured in that Kildare suspected That so great an Army which the other alledged to be brought for the Guard of his Person to have been of purpose assembled to outface him and his Power in his own Country and Ormond mistrusted That this tracherous Practice of the Dublinians was by Kildare devised These and the like Surmises lightly by both the Noblemen misdeemed and by the continual twatling of Fliring Clawbacks in their Ears whispered bred and fostered a Malice betwixt them and their Posterity many Years incurable which caused much Stir and Unquietness in the Realm until the Confusion of the one House and the nonage of the other ended and buried their mutual Quarrels Ormond was nothing inferior to the other in Stomach and in reach of Policy far beyond him Kildare was in Government mild to his Enemies stern to the Irish such a Scourge that rather for despite of him than for Favour of any part they relyed for a time to Ormond came under his Protection served at his Call performed by Starts as their manner is the Duty of good Subjects Ormond was
days But go too suppose he never be had What is Kildare to blame for it more than my good Brother of Ossory who notwithstanding his high Promises having also the Kings Power is yet content to bring him in at leisure Cannot the Earl of Desmond shift but I must be of Council Cannot he hide him except I wink If he be close am I his Mate If he be befriended am I a Traytor This is a doughty kind of Accusation which they urge against me wherein they are gravell'd and mir'd at my first denial You would not see him say they Who made them so familiar with mine Eye-sight Or when was the Earl within my view Or who stood by when I let him slip Or where are the Tokens of my wilful Hoodwink But you sent him word to beware of you Who was the Messenger Where are the Letters Convince my Negatives see how loose this idle Gear hangeth together Desmond is not taken well you are in fault Why Because you are Who proveth it No body What Conjectures So it seemeth To whom To your Enemies Who told it them They will swear it What other Ground None Will they swear it my Lord Why then of like they know it either they have my hand to shew or can bring forth the Messenger or were present at a Conference or privy to Desmond or some body bewrayed it to them or they themselves were my Carriers or Vicegerents therein Which of these Parts will they chuse For I know them too well To reckon my self convict by their bare Words or heedless Sayings or frantick Oaths were but meer Mockery My Letters were soon read were any such Writing extant my Servants and Friends are ready to be sifted Of my Cozen Desmond they may lie loudly since no man here can well contrary them Touching my self I never noted in them so much Wit or so fast Faith that I would have gaged on their silence the Life of a good Hound much less mine own I doubt not may it please your Honours to oppose them how they came to the knowledge of these Matters which they are so ready to depose but you shall find their Tongues chained to another mans Trencher and as it were Knights of the Post suborn'd to say swear and stare the utmost they can as those that pass not what they say nor with what face they say it so they say no truth But on the other side it grieveth me That your good Grace whom I take to be wise and sharp and who of your blessed disposition wisheth me well should be so far gone in crediting these corrupt Informers that abuse the ignorance of your State and Countrey to my peril Little know you my Lord how necessary it is not only for the Governor but also for every Nobleman in Ireland to hamper the uncivil Neighbors at discretion wherein if they waited for Process of Law and had not those Lives and Lands you speak of within their reach they might hap to lose their own Lives and Lands without Law You hear of a Case as it were in a Dream and feel not the smart that vexeth us In England there is not a mean Subject that dare extend his hand to fillip a Peer of the Realm In Ireland except the Lord have Cunning to his Strength and Strength to save his Crown and sufficient Authority to take Thieves and Varlets when they stir he shall find them swarm so fast that it will be too late to call for Justice If you will have our Service take effect you must not tie us always to those judicial Proceedings wherewith your Realm thanked be God is inured Touching my Kingdom I know not what your Lordship should mean thereby If your Grace imagine that a Kingdom consisteth in serving God in obeying the Prince in governing with Love the Commonwealth in supporting Subjects in suppressing Rebels in executing Justice in bridling blind Affections I would be willing to be invested with so Vertuous and Royal a Name but if therefore you term me a King in that you are perswaded that I repine at the Government of my Sovereign or wink at Malefactors or oppress civil Livers I utterly disclaim that odious Term marvelling greatly that one of your Graces profound Wisdom would seem to appropriate so sacred a Name to so wicked a thing But howsoever it be my Lord I would you and I had changed Kingdoms but for one Month I would trust to gather up more Crumbs in that space than twice the Revenues of my poor Earldom But you are well and warm and so hold you and upbraid not me with such an odious Term. I slumber in a hard Cabin when you sleep in a soft Bed of Down I serve under the King's Cope of Heaven when you are served under a Canopy I drink Water out of my Skull when you drink Wine out of Golden Cups my Courser is train'd to the Field when your Jennet is taught to Amble when you are Graced and Belorded and Crouched and Kneeled unto then find I small Grace with our Irish Borderers except I cut them off by the Knees Hereupon the Cardinal finding that Kildare was no Fool adjourned the Cause till farther Proof could be produced however being fretted at this Speech he remanded the Earl to the Tower contrary to the Opinion of most of the Council Speed 775. it seems he was afterwards Bayl'd on the Recognizance of the Duke of Norfolk and was again imprisoned upon some Light the Cardinal had gotten of the Message to O Neal and O Connor which Kildare had sent by his Daughter the Lady Slane It is reported That whilst the Earl and the Lieutenant of the Tower were at Play together at Slide-groat a Mandate was sent by the Cardinal to execute Kildare the next day Whereupon he changing Countenance the Earl swore by S. Bride That there was some mad Game in that Scroll but fall how it will this Throw is for a huddle says he Speed 775. And being told of the Contents of the Letter he desired the Lieutenant to know the King's Pleasure therein which he did and the King was surpriz'd at the thing for he knew nothing of it and to controll the Sawciness of the Priest as he phrased it gave the Lieutenant his Signet for a Countermand whereat the Cardinal stormed But it seems to me that this Story is a meer Fiction because I find not one Word of Kildare's Trial and it is not credible that they would execute a Man of his Quality before he was legally Tried and Condemned Afterwards this Earl was again enlarged out of Prison on very considerable Bayl viz. the Marchioness Dowager of Dorset Ware 119. the Marquess of Dorset the Lords Fitz-Walter and Mountjoy the Bishop of S. Asaph Richard Lord Grey John Lord Grey Leonard Lord Grey Sir Henry Gilford Sir John Zouch and John Abbot of Vale-Royal and was not long after restored to the King's Favour When the Earl of Kildare went to England
our Service nor our good Meaning towards our Prince's Crown availeth yet say not hereafter but in this open Hostility which here we profess and proclaim we have shewed our selves no Villains nor Churls but Warriors and Gentlemen This Sword of Estate is yours and not mine I received it with an Oath and used it to your Benefit I should stain mine Honour if I turned the same to your Annoyance Now have I need of mine own Sword which I dare trust As for the common Sword it flattereth me with a painted Scabbard but hath indeed a pestilent Edge already bathed in the Giraldines Blood and now is newly whetted in hope of a farther destruction Therefore save your selves from us as from open Enemies I am none of Henry's Deputies I am his Foe I have more mind to Conquer than to Govern to meet him in the Field than to serve him in Office If all the Hearts of England and Ireland that have Cause thereto would joyn in this Quarrel as I hope they will then should he soon be made sensible as I trust he shall of his Tyranny and Cruelty for which the Age to come may lawfully score him up among the Ancient Tyrants of most abominable and hateful Memory Having added to this shameful Oration Ibid. many other slanderous and foul Terms which for divers respects I spare to mention he would have surrendred the Sword to the Lord Chancellor who being provided for the Lord Thomas his coming and also being loth that his Slackness should seem disloyal in refusing the Sword or his Frowardness over-cruel in snatching it upon the first Proffer took the Lord Thomas by the Wrist of the Hand and requested him for the Love of God the Tears trickling down his Cheeks to give him Audience for two or three Words which granted the Reverend Father spake as ensueth My Lord although Hatred be commonly the Handmaiden of Truth because we see him that plainly expresseth his Mind to be for the more part of most men disliked yet notwithstanding I am so well assured of your Lordship's good inclination towards me and your Lordship so certain of my entire Affection towards you as I am emboldned notwithstanding this Company of Armed Men freely and frankly to utter that which by me declared and by your Lordship followed will turn God willing to the Avail of you your Friends Allies and this Country I doubt not my Lord but you know that it is Wisdom for any man to look before he leap and to sound the Water before his Ship hull thereon and namely where the Matter is of weight there it behoveth to follow sound sage and mature Advice Wherefore my Lord sith it is no May-game for a Subject to levy an Army against his Prince it lieth your Lordship in hand to breath longer on the Matter as well by forecasting the hurt whereby you may fall as by revolving the hope by which you are fed What should move your Lordship to this sudden Attempt I know not If it be the Death of your Father it is as yet but secretly mutter'd not manifestly publish'd and if I should grant you that your Zeal in revenging your Father's Execution were in some respect to be recommended yet Reason would you should suspend the Revenge until the Certainty were known And were it that the Report were true yet it standeth with the Duty and Allegiance of a good Subject from whom I hope in God you mean not to dissever your self not to spurn and kick against his Prince but contrariwise if his Sovereign be mighty to fear him if he be profitable to his Subjects to honour him if he command to obey him if he be kind to love him if he be vicious to pity him if he be a Tyrant to bear with him considering that in such case it is better with patience to bow than with stubbornness to break For sacred is the Name of a King and odious is the Name of a Rebellion the one from Heaven derived and by God shielded the other in Hell forged and by the Devil executed And therefore whoso will observe Histories or weigh the Justice of God in punishing Malefactors shall easily see that albeit the Sun shineth for a time on them that are in Rebellion yet such sweet beginnings are at length clasped up with sharp and sour Ends. Now that it appeareth you ought not to bear Armour against your King it resteth to discuss whether you be able though you were willing to annoy your King For if among mean and private Foes it be reckoned for Folly in a secret Grudge to profess open Hatred and where he is not able to hinder there to shew a willing mind to hurt much more ought your Lordship in so general a Quarrel as this that concerneth the King that toucheth the Nobility that appertaineth to the whole Commonwealth to foresee the King's Power on the one side and your Force on the other and then to judge if you be able to cock with him and to put him beside the Cushion and not whilst you strive to sit in the Saddle to lose to your own undoing both the Horse and the Saddle King Henry is known to be in these our days so puissant a Prince and so victorious a Worthy that he is able to conquer Foreign Dominions and think you that he cannot defend his own He tameth Kings and judge you that he may not rule his own Subjects Suppose you conquer the Land do you imagine that he will not recover it Therefore my Lord flatter not your self overmuch repose not so great Affiance either in your Troop of Horsemen or in your Band of Footmen or in your multitude of your Partakers what Face soever they put now on the Matter or what Success soever for a season they have because it is easie for an Army to vanquish them that do not resist yet hereafter when the King shall send his Power into this Country you shall see your Adherents like slippery Changlings pluck in their Horns and such as were content to bear you up by the Chin as long as you could swim when they espy you sinking they will by little and little shrink from you and percase will duck you over head and ears As long as the Gale puffeth full in your Sails doubt not but divers will cleave unto you and feed on you as Crows on Carrion but if any Storm happen to bluster then will they be sure to leave you post alone sticking in the Mire or Sands having least help when you have most need And what will then ensue of this The Branches will be pardoned the Root apprehended your Honour distained your House attainted your Arms reversed your Mannors razed your Doings examined at which time God knoweth what an Heart-burning it will be when that with no colour may be denied which without shame cannot be confessed My Lord I pour not out Oracles as a Soothsayer for I am neither a Prophet nor Son of a Prophet
But it may be that I am some frantick Cassandra being Partner of her Spirit in telling the Truth and Partaker of her Misfortune in that I am not when I tell the Truth believed of your Lordship whom God defend from being Priamus Weigh therefore my Lord the Nobility of your Ancestors remember your Father's late Exhortation forget not your Duty to your Prince consider the Estate of this poor Country with what heaps of Curses you shall be loaden when your Souldiers shall rifle the poor Subjects and so far endamage the whole Realm as they are not yet born that shall hereafter feel the smart of this Uproar You have not gone so far but you may turn home the King is merciful your Offence as yet not over-heinous cleave to his Clemency abandon this headlong Folly which I crave in most humble wise of your Lordship for the Love of God for the Duty you ow to your Prince for the Affection you bear the Country and for the respect you have to your own Safety whom God defend from all traiterous and wicked Attempts Having ended his Oration which he set forth with such a lamentable countenance as his Cheeks were all blubber'd with Tears the Horsemen namely such as understood not English began to divine what the Lord Chancellor meant with all this long Circumstance some of them reporting that he was preaching a Sermon others said that he stood making some Heroical Poetry in the praise of the Lord Thomas And thus as every Ideot shot his foolish Bolt at the wise Chancellor's Discourse who in effect did nought else but drop precious Stones before Hogs Holingsh 91. one Bard de Nelan an Irish Rithmer and a rotten Sheep able to infect a whole Flock was chatting of Irish Verses as though his Tongue had run on Pattens in commendation of the Lord Thomas investing him with the Title of Silken Thomas because his Horsemens Jacks were gorgeously embroidered with Silk and in the end he told him That he lingred there over-long Whereat the Lord Thomas being quickned did cast his Eye towards the Lord Chancellor and said thus My Lord Chancellor I come not hither to take Advice what I should do but to give you to understand what I mind to do It is easie for the sound to counsel the sick but if the Sore had smarted you as much as it festereth me you would be percase as impatient as I am As you would wish me to honour my Prince so Duty willeth me to reverence my Father Wherefore he that will with such Tyranny execute my innocent Parent and withal threaten my destruction I may not nor will not hold him for my King And yet in truth he was never our King but our Lord as his Progenitors have been before him But if it be my hap to miscarry as you seem to prognosticate catch that catch may I will take the Market as it riseth and will chuse rather to die with Valiantness and Liberty than to live under King Henry in Bondage and Villany And yet it may be as strong as he is and as weak as I am I shall be able like a Flesh-worm to itch the Body of his Kingdom and force him to scratch deeply before he be able to pick me out of my Seam Wherefore my Lord I thank you for your good Counsel and were it not that I am too crabbed a Note in descant to be now tuned it might be that I would have warbled sweeter Harmony than at this instant I mean to sing With these Words he rendred up the Sword and flung away like a Bedlam being guarded with his bruitish Drove of Brain-sick Rebels Mr. Sullevan blames him very much for surrendring the Sword Sullevan 78. and says it was foolishly done for under pretence of Authority had he kept it he might have held what Castles and Fortifications he pleas'd and put in what Governours he would he might have seduced many of the King's Subjects and have cut the Throat of Alan and the rest of his Enemies but I suppose that Author did not duly consider the Perfidiousness and Treachery of the Action he advises The Council sent private Orders to the Mayor to apprehend the Lord Thomas but the City being depopulated by the Plague was too weak for such an Attempt and therefore Archbishop Alan and Chief Baron Finglass for their security got into the Castle under the Protection of the Constable thereof John White who was afterwards Knighted for his Service in this Uproar Now was the Sword drawn and the Scabbard flung away and no room left for an Accommodation and therefore Fitz Girald did all he could to strengthen his Party and thinking that if his Cozen the Lord Butler could be perswaded to enter into the Confederacy that all the Kingdom would either side with them or fall before them he wrote a pressing Letter stuffed with large Premises to invite the Lord Butler into the Association to which the Loyal Butler returned this unexpected Answer Taking Pen in hand to write you my resolute Answer Holingsh 9● I muse in the very first Line by what Name to call you My Lord or My Cozen seeing your notorious Treason hath distain'd your Honour and your desperate Lewdness shamed your Kindred you are so liberal in parting Stakes with me that a man would ween you had no Right to the Game so importunate in craving my company as if you would perswade me to hang with you for good Fellowship Do you think that James was so mad as to gape for Gudgeons or so ungracious as to sell his Truth for a piece of Ireland Were it so as it cannot be that the Chickens you reckon were both hatched and feathered yet be thou sure I had rather in this Quarrel die thine Enemy than live thy Partner For the Kindness you proffer me and good Love in the end of your Letter the best way I can propose to requite that is in advising you though you have fetch'd your Feaze yet to look well ere you leap Ignorance and Error with a certain Opinion of Duty have carried you unawares to this Folly not yet so rank but it may be cured The King is a Vessel of Bounty and Mercy your Words against his Majesty shall not be counted Malicious but rather belched out for Heat and Impotence except your self by heaping Offences discover a mischievous and wilful meaning Netled with this round Answer Fitz-Girald designs to invade the County of Kilkenny but first he forces an Oath of Fidelity on the Inhabitants of the Pale and those who refused he imprisoned as fast as he caught them and sends Charles Rynold Arch Deacon of Kells his Ambassador to Pope Paul the Third and Dominick Poer to the Emperor Charles the Fifth to whom he sent twelve great Hawks and fourteen fair Hobbies but these Ambassadors came too late and not till their Master was executed And so great was this Rebellion and the King's Authority so weak that even the Territory
of Fingal which was wholly a Stranger to Depredations now lay exposed to the Tools and other Irish wherein they were assisted by John Burnel a Gentleman of good Estate in Fingal who favoured this Rebellion But the City of Dublin could not suffer this without their own Destruction for Fingal was their Granary and most of their Provision came from thence wherefore a Body of the Citizens sallied to intercept a Prey at the Bridge of Kilmainham but in the Skirmish near the Wood of Salcock overpowered either in Number or Valour they were beaten and fourscore of the Citizens killed Fitz-Girald makes the best of this Victory and whilst the Consternation is on the City he sends them word that although he could destroy their City yet he will do them no harm if they will permit him to besiege the Castle The Citizens wisely send one of their Aldermen Francis Herbert to the King to know his Pleasure and another to the Constable of the Castle to have his Advice The Constable made a virtue of Necessity and not thinking it possible to defend the City consented to the Demand provided he were first furnished with Men and Victuals which was done and Alderman John Fitz Symons sent into the Castle twenty Tun of Wine twenty four Tun of Beer two thousand dry Ling sixteen Hogsheads of Beef twenty Chambers and an Iron Chain for the Draw-Bridg But the unfortunate Archbishop afraid of the Success of this Siege got on board a Ship that Night near Dames gate in order to pass for England but the Vessel was stranded at Clantarfe and the Archbishop was forced to a Village hard by called Tartain thither came Thomas Fitz-Girald and his Unkles John and Oliver Sir James Delahide and many others early the next Morning having first had notice of the Archbishops being there The Lord Thomas commands John Teling and Nicholas Wafer to bring out the Archbishop whom they haled out of his Bed naked in his Shirt as he was bare-footed and bare-headed The poor Bishop on his Knees and with a pitiful Voice and Countenance begged Pity for the Love of God on a Christian and an Archbishop The Noble Fitz-Girald was too generous to behold that Spectacle without Compassion and therefore turned aside saying Ber owm a Buddagh which is Take away the Clown intending to imprison him but the Servants wilfully misconstruing their Master's Words knockt out the Bishop's Brains and left a Revenge on themselves which overtook them all for Teling afterwards Died of the Leprosie and Wafer of the French Pox and Fitz Girald and all his Unkles were publickly executed by the Common Hangman Nor is it to be omitted that all the Murderers were excommunicated and in the Excommunication are these strange Passages That no man may be merciful to them but their Memory to be forgotten That God would rain Flames of Fire and Sulphur on them That they may cloath themselves with the Malediction and high Curse as they daily put on their Garments That the Water of Vengeance may be in their inner Parts as Marrow in their Bones Be they girded with the Girdles of Malediction and Partakers with Pharoah Nero Herod and Judas the Proditors of Jesus Christ and with Dathan and Abiram descend into Hell quick Good Lord send them Hunger and Thirst and strike them with Pestilence that they may be consumed and their Generation clear eradicate Strike them with Leprosie Madness Blindness c. And we Interdict all the Places where they go and the Place where the Archbishop was murdered But to proceed The Rebels took Prisoners from their own Houses the Lord of Howth and Luttrel Chief Justice of the Common Pleas and the Castle being furnished the Citizens of Dublin consented to Fitz Girald's former Demands Of Liberty to besiege the Castle Whereupon he sent James Field of Lusk Teling Wafer Broad Rouks and Purcel with one hundred Soldiers each attending on them as their Captains they planted two or three Falcons near Preston's Innes over against the Castle and entrenched themselves with strong Ramparts threatning to place the Youth of the City thereon if they in the Castle should shoot that way In the mean time Fitz-Girald accompanied with O Neal Sir Richard Walsh Parson of Loughsewdy Burnel of Ballygriffin and several others invaded and burnt the County of Kilkenny even to Thomas Town The Earl of Ossory and his Party were at the same time near Jeripont consulting what to do and during their Consultation one of the Butlers stole away with sixteen Horse to make a Bravado Fitz-Girald espying them sent an equal number which were soon followed with one hundred and forty Horse the Butlers retreated to their main Body which was surprized by this unexpected Accident and easily scattered The Lord Butler was hurt but made shift to escape to Dunmore where he was cured In the mean time Alderman Herbert returned with an Answer from the King encouraging the Citizens to a manly Defence and promising Aid immediately Whereupon it was resolved by the Citizens That Faith was not to be kept with Traytors That their League with Fitz-Girald was void And they ordered their Gates to be shut And that the Traytors that besieged the Castle should be apprehended Captain Field and his Companions having Notice hereof began to shift for themselves some swam over the River but the most of them were taken Prisoners Immediately Fitz-Girald leaves Kilkenny and summons the Pale to meet him with all their Power near Dublin And in his way he seized upon several Dublin-Children that were at School in the Country and particularly Fitz-Simons and Stainhurst and sent Doctor Traverse Peter Linch of the Knock and Oliver Grace to the Citizens to expostulate the Breach of the League and to require That it might be renewed or at the least the Prisoners enlarged but they met with a cross Answer to all their Demands Whereupon Fitz-Girald began in Sheep-street to besiege the Castle but was driven thence by the Ordnance and the Houses being thatcht were burnt by Wild-Fire cast in from the Castle he stopt all the Rivers about the Town and removed to Thomas-Court pulled down that Street and made a sort of a Gallery to shelter his Men he also burnt the New Street and planted a Gun against Newgate which pierced that Gate and killed an Apprentice of Alderman Stephens's fetching Water from the high Pipe Richard Stanton Goaler of Newgate being an excellent Marksman did great Damage to the Enemy and particularly perceiving one of the Rebels level his Gun at the Loop-Hole where he stood he was so nimble that he prevented him and shot the Rebel in the Forehad and was so hardy as to issue out at the Wicket and to strip the Varlet and brought in with him his Gun and his Cloaths This enraged the Rebels and excited them to Revenge wherefore they immediately brought Fire and Faggot to the Gate in hopes to burn it The Citizens wisely considered That Expectation of Spoil would encourage the
Rebels to enter the City and animate them more to fight within than without the Walls and they also believed That very many of Fitz-Girald's Army being Inhabitants of the Pale and forced to the Camp were in their Hearts for the City and this they were induced to believe because most part of the Arrows shot over the Walls were unheaded Upon these Considerations they resolved to sally and gave out from the Walls That new Succours were come from England and as if it had been so immediately rushed out through Fire and Flame and the Enemy believing they were new-arrived Soldiers and that the Citizens durst not adventure so briskly immediately fled leaving one hundred Gallowglasses slain and their Falcon taken Thomas Fitz-Girald himself lurked at the Grey-Fryers in Francis-street till next morning and then he got to the remainder of his shattered Army In the mean time the Earl of Kildare was committed to the Tower Holingshead 88 because he had contrary to the King 's express Command furnished his Castles out of his Majesty's Stores And though he answered That it was done to defend the Pale against the Borderers and that if he designed Treason he was not such a Fool as to fortifie his Castles and at the same time to adventure his Person into their Hands however he stuttered so much and delivered his Speech in such staggering and maffling manner that they concluded him Guilty and committed him And now hearing of his Son's Extravagancies he broke his Heart and died in the Tower in September Fitz-Girald being in great want of Artillery and Ammunition and somewhat cooled by the late defeat sent James Delahide and others to treat with the City upon these Articles I. That his Men that were Prisoners should be enlarged II. That the City should pay one thousand Pound in Mony and five hundred Pound in Wares III. To furnish him Ammunition and Artillery IV. To interceed with the King for his Pardon and his Followers Mr Fitz-Symons Recorder was appointed to answer to the I. That if he would deliver their Children they would enlarge his Men. To the II. That they were impoverished with his Wars and could not spare either Wares or Mony To the III. If he intended to submit he had no need of them if he did not they would not give him Rods to whip themselves That they expected he would request good Vellam Parchment to ingross his Pardon and not Artillery to withstand his Prince To the IV. They promised all Intercession they could by Word or Letter Whilst they were treating thus one William Bath of Dollars-Town a Lawyer stepped forward and said My Masters What need all these Circumstances Let us all drink of one Cup Which Words cost him his Life the next year It seems Fitz-Girald agreed with the Citizens on their own Terms and Hostages being given on both sides he raised his Siege and sent his Artillery to Houth but went himself to Minnooth to see that Castle fortified and furnished In the mean time the two Hamertons with one hundred and eighty Soldiers arrived out of England at Houth and on their March to Dublin were encountred near Clantarf by Thomas Fitz-Girald and two hundred Horsemen and though they fought valiantly and one of the Hamertons wounded Fitz-Girald in the Forehead yet being over-powered they were all slain or taken Prisoners and their Ships were forced from Houth and a Vessel freighted with choice English Geldings was also taken by Captain Rouks Fitz-Girald's Pirate and the Horses were sent to Fitz Girald And not long after landed both the Eglebees and Dacres with their Horsemen at the Skerries and Sir William Brereton and his Son John with two hundred and fifty Soldiers well appointed and Captain Salisbury with two hundred Archers lastly Landed at the Slip near the Bridge of Dublin Sir William Skeffington Lord Deputy he was Master of the Ordnance in England and therefore was by the Irish who put Nick-names upon every Body even of themselves as Dermond Buckagh Tiege Mauntagh c. in derision called The Gunner he was received with great Joy by the City and had the Sword delivered to him by the Lord of Trimletstone who was made Chancellor in the place of Archbishop Cromer Baron Finglass who wrote a M. S. Treatise of the Decay of Ireland was made Chief Justice of the King's Bench as Luttrel was of the Common Pleas and Girald Ailmer Chief Baron of the Exchequer and William Brabazon Vice-Treasurer This Deputy also brought with him Leonard Lord Grey designed Marshal of Ireland and Gracious Letters from the King to the City of Dublin That part of the English Fleet which sailed near Tredagh met with Brode the Pyrate and forced him a Ground so that he and nine of his Men were taken at Tredagh and sent Prisoners to Dublin whereat Fitz-Girald was so much enraged that he threatned to besiege Tredagh and it is probable he marched that way for it was averr'd at Dublin That he was actually before the Town And therefore the Lord Deputy immediatly viz. the twenty eighth of October marched out to raise the Siege of Tredagh and he staied in and about that Town till the fourth of November and then finding no Enemy near that Place he returned to Dublin having first proclaimed Fitz-Girald Traytor at the High Cross of Tredagh The Lord Deputy would have pursued Fitz-Girald and his Confederates but that the Winter was too near and himself was indisposed moreover he daily expected Supplies of Men and Mony from England and he knew that Fitz Girald had strengthned his Party by a new Confederacy with O Neal and O Connor And therefore being necessitated to postpone his Designs till the Spring some say he made a Truce with Fitz-Girald until January but that seems improbable because the Pale suffered exceedingly this Winter the Preservation of which must have been the chief Consideration for a Truce if there were any Fitz-Girald had in his Possession six principal Castles viz Minooth Portlester Rathingan Catherlagh Ley and Athy and having well manned and furnished them he took a Journey into Connaught not doubting but that his Castle of Minooth would hold out till his Return but he was very much out in his Calculation for the Lord Deputy on the fifteenth of March laid Siege to that Castle and placed his Battery on the North Side of the same towards the Park and Sir William Brereton who had slain one hundred of Fitz-Girald's Men on the sixth of March did now summon the Castle of Minooth with Offers of Pardon and Reward to which a scoffing and ludibrious Answer was returned with much boasting after the Irish manner Whereupon the Artillery began to play but made no considerable Breach in a Fortnights time and therefore though it was so closely besieged that there was neither egress or regress from or to the Castle yet being sufficiently provided of all Necessaries and particularly of a good Garrison of an hundred choice men it might have held out
Kingdom and concludes with Commendations of the Lord Grey and desires he may be Lord Deputy and have Orders to call a Parliament What that Letter mentions of O Neal has reference to a Treaty between the Lord Deputy and him for when he understood that the Lord Deputy design'd an Expedition against him into the North to prevent it he desired a Parly and on the first of July by his Agent Gillaspick O Donel he concluded an Agreement with the Lord Deputy which afterwards was confirmed by Con O Neal himself at Drogheda on the twenty fifth of the same Month. In the mean time the Lord Deputy finding that Fitz-Girald had retired to Munster sent after him the Lord Grey Sir William Brereton and others who had several Skirmishes with his Party wherein nothing was got but Blows whereupon Brereton's Advice on the one side and Fitz Girald's Necessity on the other side produced a Parly the effect whereof was That Fitz-Girald surrendred to the Lord Grey and rode with him to Dubliu By the Lord Deputy's Letter to the King of August 24. he acquaints his Majesty That Fitz Girald and O Connor had submitted the former without any Condition or Promise of Life Lands or Goods and that he intends to send him over by the Lord Grey whilst himself in person goes to assist O Donel against his Son Manus But the Council by their Letter from the Camp to the King of the 27th of August inform his Majesty That O Connor an Abettor of Fitz-Girald's has given Hostages to abide the King's Pleasure and that Fitz-Firald submitted on the encouragements they gave him to expect Pardon for his Life That the Lord Grey is going with him leaving the Lord Butler in his room and they desire the King to thank the Lord Grey for his good Service Nevertheless others say That Fitz-Girald was by the Lord Grey absolutely promised his Pardon but if it was so it was more than he had Comission for and therefore no regard was given to that Pretence but the King being implacably enraged at this dangerous Rebellion caused Fitz-Girald to be arrested in the way to Windsor and afterwards viz. Febr. 3. 1537. he and five of his Unkles were executed at Tyburn although three of them had for a long time opposed their Nephews Extravagancies And thus ended a Rebellion Lib. CCC 85. which cost the King twenty thousand some say forty thousand Pound At which great Expence the King was so disturb'd that he called this Victory a new Conquest and put the Question to his Council how Ireland should be managed to bear the charge of its own Preservation and whether by Act of Parliament every mans Estate should not be made liable to contribute its proportion or whether by vertue of this Conquest the King might not seize on all the Estates in that Kingdom Temporal and Spiritual By a Letter from Stephen ap Harry who was afterward a great man with the Lord Grey of the sixth of October from Waterford directed to Mr. Thomas Cromwel Secretary of State he informs his Honour That the Lord Leonard Grey was gone to England with Fitz Girald and that the Lord James Butler marched to Clonmel where his Lordships Brother-in-Law Garret Mac Shane who could not speak one Word of English met him That thence they marched to Dungarvan which surrendred unto him and thence to Youghal where he had a Gallon of Gascoyn Wine for four pence and thence to Cork where the Lord Barry made great Complaints of Cormock Oge of Muskry and Mac Carty Riagh the former was willing to submit to the Award of the State but Mac Carty Riagh answered That what he got by the Sword he would keep by the Sword The like Controversie was between James Grandson of Thomas last Earl of Desmond and Sir John Brother of that Earl the young man offered to go to England and to submit to his Majesties Pleasure but Sir John said He scorned to contest with a Boy That they marched thence to Mallow and so to Kilmallock and thence to Lymerick where the Lord Butler's Brother-in-law O Brians Son desired Aid against his Father and Unkle and that the Lord Butler would besiege Carrigonel but he could not do it for want of Artillery and therefore marched to Cashel and thence to Clonmel having worthily behav'd himself all this Journey It seems the Lord Deputy had sollicited for the King's leave to return to England by reason of his Age and Infirmities but the King in his Answer thanked him for the taking Fitz-Girald but wished it had been done in another manner viz. by force and tells him That he must continue in the Government of Ireland notwithstanding his Age and Sickness and orders a Parliament to be called as ●●on as conveniently might be but it is probable that soon after those Letters arrived the Lord Deputy died at Kilmainham in the latter end of December and was honourably buried in St. Patrick's Church And thereupon the Council chose Leonard Lord Grey 1535. Lord Deputy who was but newly returned from England and probably did not bring over so much Treasure as the Army both expected and needed and therefore the Souldiers mutined in January and thereupon the King by his Letter of the twenty fifth of February desires to know who were the Ringleaders of it and orders that as many of the Army as can be spared may be disbanded Lib. H. To which Letter the Lord Deputy and Council return'd for Answer That after the imprisonment of Fitz-Girald they had disbanded five hundred men but that his Unkles being at that time out and the Earl of Desmond O Brian and O Connor linked in a Confederacy it was no proper time then to dismiss any more but that they have now borrowed four hundred Pounds Irish and therewith have disbanded two hundred and fifty Foot and fifty Horse That the Revenue of the Kingdom was but five thousand Pounds per annum whereof a thousand Pound was then insolvent they advise the King to grant a Pardon to the County of Kildare to the end the People of that County may return to their Habitations and they advise That the Kings Lands may be set for a Term of one and twenty years and that a Mint may be erected in Ireland and none but Sterling Money be currant and thereby every Mark of the King's Revenue will be a Pound But I must interrupt the Series of this Discourse to give the Reader an Account of the miraculous preservation of one of the remaining Branches of the Noble Family of Kildare a Child of thirteen years old Brother of the Lord Thomas and Son of the deceased Earl who happened to be sick of the Small Pox at Donoare in the County of Kildare when his Unkles were apprehended whereupon his careful Tutor Thomas Leverouse afterwards Bishop of Kildare had the Child wrapt up warm and in a Cleef or Basket conveyed him into Offaly and after he was recovered he travelled into Thomond
Souls paid Tribute to Caesar though no Christian greater Honour then surely is due to your Prince His Highness the King and a Christian one Rome and her Bishops in the Fathers Days acknowledged Emperors Kings and Princes to be Supreme over their Dominions nay Christs own Vicars and it is much to the Bishop of Rome's shame to deny what their precedent Bishops owned Therefore his Highness claims but what he can justifie the Bishop Elutherius gave to S. Lucius the first Christian King of the Britains so that I shall without scrupling vote his Highness King Henry my Supreme over Ecclesiastical Matters as well as Temporal and Head thereof even of both Isles England and Ireland and that without Guilt of Conscience or Sin to God and he who will not pass this Act as I do is no true Subject to his Highness XIII That the King and his Heirs and Successors for ever shall have the twentieth part of the yearly Profits Revenues Rents Farms Titles Offerings and Emoluments Spiritual and Temporal belonging to any Archbishoprick Bishoprick Abbacy Monastery Priory Arch-Deaconry Deanry Hospital Comandry College House Collegiate Prebend Cathedral-Church Collegiate Church Conventual Church Parsonage Vicarage Chantry or Free Chappel or other Promotion Spiritual whatsoever And the King was so well pleased with this Act Lib. H. that he sent a particular Letter of Thanks to the Lords Spiritual for granting him the twentieth part of their Livings yearly for ever XIV That no Subject shall be shaved above his Ears or wear Glibbs or Crom-meals i.e. Hair on the upper Lip or Linnen died in Saffron or above seven yards of Linnen in their Shifts and that no Woman wear any Kirtle or Coat tucked up or embroydered or garnished with Silk or couched ne laid with Usker after the Irish Fashion and that no Person wear Mantles Coats or Hoods after the Irish Fashion except Women Horse-boys Cow-boys and Soldiers at the rising out and Hostings all which may wear Mantles And that every body shall endeavour to learn the English Language and conform to the English Fashion c. XV. And that Benefices shall not be given to any that cannot speak English unless after four Proclamations in the next Market-Town to the Benefice on four several Market-Days a Person that can speak English cannot be got and that then an honest able Irishman may be admitted on his Oath that he shall do his utmost endeavour to learn the English Language and observe the English Order and Fashion and teach those under him to do the like and shall keep an English School in his Parish to that purpose c. XVI An Act for the Suppression of Abbies XVII An Act against transporting of Wool and Flocks XVIII An Act about the Proof of Testaments XIX The Act of Faculties prohibiting the Subjects from paying any Pensions Cences Portions Peter-pence or any other Impositions to the use of the Pope and extinguishing and suppressing them for ever and authorizing Commissioners appointed by the King to grant Faculties and Dispensations as the Archbishop of Canterbury may do in England by vertue of the Act of Faculties there which is made of Force in Ireland XX. That Poyning's Act be suspended pro hac vice XXI An Act for Limitation of Actions on Penal Statutes viz. That Actions in the King's Name be commenced within three years after the Offence and Actions Popular within one year XXII An Act for prostrating the Wares on the River Barrow c. XXIII An Act for uniting and annexing the Parsonages and Vicarages of Dungarvan c. to the Crown XXIV That no body presume to leaze Corn whilst there be any Stacks or Reeks of Corn in the Field And that every man that cannot keep his Child at School do at ten years of Age put him to Handicraft or Husbandry XXV That the Leases made or to be made by the King's Commissioners viz. Saintleger Pawlet c. shall be good and valid any defect of Inquisition or Office c. notwithstanding Lastly An Act for the first Fruits of the great Abbies and Monasteries c. which were not vested in the King by the above Act ch 16. But this Statute is become useless by a subsequent Act that gives all the Abbies c. to the King And these are all the Acts of this Parliament to be found in the printed Statute-Book which I do not pretend to have critically or exactly abridged because I think it necessary for every man that will be nicely instructed in any Statute-Law to read the Statute at large and not to trust to an Abridgment but I have endeavoured to give such an Historical Account of these Acts as may illustrate this Collection and give the Reader some Light into the Affairs of those times Nor must it be forgotten that many of these Statutes are made in the later Sessions of this Parliament Anno 1537. And besides these Printed Acts there was another Law made at this Parliament against Fosterings and Marriage with the Irish and it was thereby made Treason to marry with the Child of any Man who had not swore allegiance and entred into Recognizance to observe it but this severe Law was repeal'd 11 Jac. 1. cap. 5. But whilst the Nobility and Gentry were at the Parliament O Connor made use of the opportunity as he used to do and invaded the Pale his Fury lighted most on the Barony of Carbry in the County of Kildare which he preyed and burnt and to revenge it the Lord Trimletstown and the Vice-Treasurer Brabazon with such men as they could on the sudden get together made an Incursion into Offaly and in like manner wasted and destroyed that Country which obliged O Connor to return home as fast as he could Sir William Brereton was likewise sent to the Confines of Vlster to parly with O Neal who complained That the League made between the Lord Deputy Skeffington and him was not duly observed on the English side so after some Expostulations upon that Point the same Agreement was renewed and confirmed And about the same time the King to reward the City of Waterford for its Loyalty and firm adhesion to the Crown sent to that City a gilt Sword and a Cap of Maintainance But John Earl of Desmond being dead the new Earl James who was a very active or rather a turbulent man began new Disturbances in Munster but he was timely opposed by the Lord Butler who wasted his Lands in the County of Limerick and repair'd and Garrison'd the Castle of Loghguir and it seems that the Lord Deputy came to Kilkenny the twenty fourth of July and having adjourned the Parliament Lib. D. as aforesaid he came to Loghguir the last of July and the next day he went to Carrigonel and took it the second of August and they say for some private Advantage redelivered it to the former Owner on the sixth of August they marched to Bryans-bridge and took the Castles and broke the Bridge but by the improvidence of
they were Lords of Parliament The Abbot of Mellifont S. Thomas-Abby near Dublin S. Mary Abby near Dublin Baltinglass Jeripont Tintern in the County of Wexford Douske Tracton in the County of Cork Dunbrody Dunbrodiae Mage alias Nenai in the County of Limerick Wony alias Wethney in the County of Limerick Rosglass alias Monaster Evan Bectif Rathto in the County of Kerry The Priors of S. John of Jerusalem Christ-Church Dublin S. Peters near Trim Conal Kells in Ossory Kenlisae S. Patricks in Down All-Saints near Dublin Athassel Killagh S. Marys in Louth In the close of the last Year Ware 154 it happened that a Waterford-Ship loaden with one hundred Tun of Wine was in her return from Portugal put into Baltimore no sooner was it heard of but Finil O Driscol came on Board and very kindly invited the Merchant and Mariners on shoar to refresh themselves at his House after the Hardships they had suffered at Sea they readily accepted of his Invitation but met with another sort of entertainment than they expected for contrary to the Rules of Hospitality he most perfidiously kept them all Prisoners and distributed most part of the Cargo between himself and his Followers as he thought fit But as soon as the Citizens of Waterford were inform'd of this Treachery they mann'd two Sips and a long Boat and although Captain Dobins did easily recover the former Ship and all the Goods that were left which were about the fourth part of the whole and all the Prisoners yet the Citizens of Waterford were not contented with that but sayl'd to Inisherkin and took O Driscol's Castle there and razed it to the ground and destroyed the Island as much as they could and thence they went to Inchypyle which they served in the same manner and at length after they had destroyed Baltymore and the Country adjacent they carried away O Driscol's best Boat and abundance of Plunder and returned safely to Waterford In the mean time Ware 155. the King that he might not be thought to abandon the Religion of his Ancestors enacted in England the Bloody Law of the Six Articles and not long after revoked the Lord Deputy who left Ireland early in the Spring having first substituted Sir William Brereton 1540. Lord Justice in whose time the Irish Potentates began generally and publickly to own themselves Champions of the Papacy and to assume the specious Pretences of Liberty and Religion the better to cloak their Designs of Robbery and Rebellion Ware 156. for some of them being of a temper impatient to live as Subjects any longer than they are disabled to be Rebels were glad of any Pretence that might seem to justifie their illegal Proceedings and therefore many of them confederated together and especially O Neal O Bryan O Donel and O Carol and in the beginning of July appointed their Rendezvouz all four in West-Meath in order to invade and plunder the Pale but the Lord Justice got his small Army together and was joyned by two thousand of the Inhabitants of the Pale whereof many were Clergy-men who very well knew That whatever was pretended by the Irish yet Plunder and Depredation was meant and intended and therefore they were forward and active to defend their Country but as soon as the Rebels had notice of this Preparation which was counted great in those days those holy Champions dispersed their Forces into Woods and Fastnesses so that this terrible Bugbear vanished without Blows But the Lord Justice would not be so satisfied for he pursued O Connor into Ophaly and made several of the Fastnesses of that Country passable for Carriages and brought O Connor to that pass that he was forced to give his Son Cnoghor for a Hostage of his future Behaviour but not long after viz. on the 25th of the same Month of July Sir Anthony Saintleger Knight of the Garter Lord Deputy was sworn as was usual in Christ-Church Dublin and the Form of his Oath is to be found in Burlace's Reduction of Ireland pag. 106. and Ware 's Annals 157. This Lord Deputy by the help of Thomas Walsh one of the Barons of the Exchequer John Myn and William Cavendish two Auditors well vers'd in the Treasury did bring the publick Revenue into good Order and more to the King's advantage than ever it had been before But because some People have written extravagantly Present State of Ireland 12. That the Revenue in King Edward the Third's Days amounted unto thirty thousand pounds per annum and that the Earl of Desmond was able to expend ten thousand pounds per annum it will not be inconvenient to give the Reader an Account both of the publick Expence and Income for one Year during Saintleger's Government viz. for the Year 1543.   l. s. d. The King's Mannors and Lands per annum 6069 02 07 Customs of Dublin Droghedah Dundalk     and Trim 0319 13 04 The Fee Fee-Farms of Dublin and Droghedah 0200 00 00 P●●ty Farms Profits and Homages 0011 05 08 The twentieth part of the Spirituality 0287 02 01 ½ The King's Subsidy Spiritual and Temporal 0613 08 03   7500 11 11 ½       Irish Money Deduct 182 13 09 ½ for yearly Annuities and Proxies perpetual       and 1131 12 06 for Judges Clerks of Courts Customers Controllers Constables of the King's Castle of Dublin c. and Officers of the County and Liberty of Wexford and there remains 6186 05 08 Besides there were some Temporary Payments to be deducted viz. 500 l. per annum Pension to the late Prior of St John of Jerusalem and 759 l. 3 s. 4 d. per annum Pensions to the Religious Persons belonging to the suppressed Monasteries c. So that there remain'd clear to the King but 4927 l. 2 s. 4 d. For as on the one side there were some uncertain Profits that are not included in this Computation as Liveries Wardships First-Fruits the Profits of the Hanaper and the Tributes of Irishmen and likewise the Mannor of Dungarvan and some other small things not then setled are not in charge so on the other side there were some casual Expences for Buildings Reparations Concordatums Inquisitions Messengers c. that did more than tantamount the casual Branches of the Revenue The Charge of the Military List although the Army consisted of no more than three hundred seventy nine Horse and one hundred and fifty Foot amounted to almost eight thousaud Pounds besides Artillery and some other things that were constantly supplied from England that is to say The Lord Deputy's Retinue A Captain at four shillings a day a petit Captain at two shillings and an hundred Horsemen at ninepence apiece makes four pound twelve shillings per diem and that is an hundred and thirteen Pound eight shillings per mensem and per annum 1478 05 00. Mr. Robert Saintleger for the like Retinue for a year being thirteen months and one day 1478 05 00. Master of the Ordinance his Retinue a
Election and had a Freehold of forty Shillings per annum the Town of Drogheda excepted was repealed and in lieu of it this Parliament enacts I. That Electors in Counties must have Freehold worth forty Shilling per annum ultra reprizas on pain of one hundred Shillings and that the elected in Counties Cities or Towns must be resident and the Sheriff shall forfeit one hundred Pound if he makes a Return contrary to this Act and the Party one hundred Pound more II. That on the Death Absence or Resignation of the chief Governour the Chancellor shall issue Writs to all the Privy-Counsellors in the Counties of Dublin Meath Louth Kildare Kilkenny Typerary Wexford Waterford Cork Kerry and Limerick and they being assembled shall chuse a Lay-man of English Birth to be chief Governour during the King's Pleasure and if no such Man fit for the Place can be got then the Council shall chuse two Lay Persons of English Blood and sirname to be Lords Justices to whom the Lord Chancellor shall administer the Oath and give Patents Note this Statute recites That the former Act already mentioned 10 Hen. 7. That in these Cases the Lord Treasurer should be chief Governour was repealed 13 Hen. 7. although the Roll be lost but whether it be so or not is not worth the Enquiry III. An Act touching mispleading and Jeofailes IV. That although all Estates are forfeitable for Treason yet because several of the Nobility lately created and others whom the King designs to enoble are very ignorant in the Knowledg of the Duty of a Subject they are the Words of the Act to the end they may not pretend Ignorance it is enacted That if any Person confederate with the King's Rebels against his Majesty or attempt any wilful War or Invasion against his Subjects or do transgress their Allegiance in any treasonable manner or do break their voluntary Pacts or Covenants made at the time of the King's Grant that then being convict thereof they shall forfeit all the Benefit and Effect of the King's Patents and for the time to come there shall be a conditional Clause inserted into every Patent to that effect V. An Act for the suppression of Kilmainham and other Religious Houses And in a 3d Session of this Parliament held at Dublin on Monday next after the Feast of All saints anno Dom. 1542 and 34 Hen. 8. it was enacted First That Meath be divided into two Shires viz. Meath and West Meath Secondly That Persons bound by Recognisance to appear in any Court shall be excused if they are in the King's Service and if their Recognisance be estreated they shall be discharged by Writ giving a new Bond for their Appearance at another Day And at another Session of this Parliament at Dublin the seventeenth Day of April 1543 it was enacted That the Castle and Mannor of Dungarvan should be united to the Crown And although all these Acts were Seasonable and very Good for that time yet there was not any one of them was of more Advantage to the Crown or that pleased the King better than that of making him King of Ireland for though it is manifest as the Act mentions that the Kings of England did always enjoy Regal Authority and Jurisdiction in Ireland under the Stile and Name of Lords yet the Irish did not pay that Reverence to the Name of Lord as they did to the Name of King or at least those that were traiterously disposed did make use of the distinction between Lord King Ware 161. to deceive and inveigle the Common People as hath been already related And therefore it being believed That this Statute would suppress and silence all those trifling Objections and Pretences there was exceeding Joy at the Publication of it in Dublin which was performed with great Solemnity at S. Patrick's Church in the presence of the Lord Deputy the Earls of Ormond and Desmond and others of the Nobility in their Parliament Robes and several of the Bishops and Clergy and the same Day a General Pardon was given to all Criminals and after much Feasting and Drinking and other Expressions of Joy the Ceremony was concluded with Bonfires And because some of these Laws were not practicable in Munster which was not so much inured to Civility as the Pale and those Countries near Dublin and where the use of the Laws of England except in some Cities and Towns where it was also much corrupted had been discontinued for almost two hundred Years The Lord Deputy and Counsel in magno Parliamento did publish certain temporary Constitutions Pro reformatione inhabitantium hujus Regni in partibus Momoniae qui nondum sic sapiunt Leges Jura ut secundum ea jam immediate vivere aut Regi possunt and they were notified to the Subject by way of Proclamation the twelfth of July 1542 and were as followeth 1. That King Henry be received and called King of Ireland 2. That Bishops may exercise their Jurisdiction in their Diocess according to the Law of God and the Canons 3. That Laymen nor Boys be not admitted to Ecclesiastical Preferments and that such as be in already shall be immediately deprived 4. That the Demesnes of Bishops and the Gleabs of Rectors and Vicars not exceeding ten Marks per annum be exempt and priviledged from Taxes 5. That all those who have Dignities or Benefices Ecclesiastical shall take Orders and Reside 6. That a General Peace be proclaimed throughout Munster and afterwards he that commits Murder or Robbery shall be fined forty Pound half to the King and half to the Lord of the Fee 7. That Larceny above the value of fourteen Pence shall be punished with the loss of one Ear the first time and tother Ear the second time and the third time with Death 8. No Horseman shall keep more Garsons or Boys than Horses on pain of twenty Shillings 9. That every Father shall answer for his Children Master for his Servants Gentleman for his Followers and Brother for his Brethren under his Tuition and shall give in a List of them 10. That every Kerne that has not a Master that will answer for him be taken as a Vagabond 11. That there be no more Exactions to maintain Horse or Foot or Kernes or to war against one another and that no more Coyne or Livery be taken but by the Deputies Order at a General Hosting 12. That nevertheless the Captain of the County must have the usual Contribution of the Country for the Publick and his own private Defence 13. That Petty Larceny be punished by a Fine of three Pound six Shilling and eight Pence whereof forty Shillings shall be paid to the Captain or Lord of the County and twenty Shillings to the Tanist si non est particeps criminis and six Shillings and eight Pence to the Informer 14. That no Man buy Goods above the Value of five Shillings from any suspected Person at his Peril if they prove to be stolen 15. Depopulatores
incamped in Thomond and immediately sent the young Earl to take possession of the Country which he did and Daniel who was so brave a man that many of the old and new Irish courted him to be King of Ireland was forced to lie that tempestuous Night in a Cabbin but when according to the Irish fashion he thought to lead his Horse to stable in the same House with himself the proud Beast scorned to stoop until the Foot-boy whispered the Horse in the Ear and told him that his Master O Bryan would lodge that Night in that Cabbin Sullevan 80. and desired that he would lower his Crest and his Crupper and creep into the House to keep his Master company ut tu quoque equus suus capite dorso demisso inclinato Tygurium introeas and the Horse being well bred did very civilly comply in Matters of Ceremony but when he came to Supper he was at a loss for he was used to feed on Wheat and could not conform to Country●entertainment until the Foot-boy whispered him once more that his Master O Bryan who fed on Oaten Cake did command Rosinante to be contented with the same Fare O Bryan Dominus tuus qui hac nocte Avenaceum panem comedit imperat ut tu quoque Avena vescaris and then he fell to it But to return Charles O Carol who had murdered Teig O Carol was himself murdered by William O Dar O Carol who thereupon took possession of that Signiory and held it for four years The Earl of Kildare and the Baron of Delvin at the request of Shane O Neal went into Vlster to aid him against Fylemy Roe O Neal they did no great Exploits but took a few Preys with the Loss of fifty of their own Men but a little after there was a smart Conflict between the Earl of Tyrone and Hugh Mac Neal of Clandeboy wherein the Earl was beaten and lost three hundred Men besides Prisoners In October Lib. CCC Sir William Fitz-Williams Sir John Allen and Valentine Brown were sent over Commissioners to assist the Lord Deputy in managing the Crown-Lands and afterwards in Queen Elizabeths Reign this Brown being a Protestant much employed by the Queen wrote a notable Tract for the Reformation of Ireland which I have seen and is to be found at Lambeth wherin there is nothing blame-worthy saving that he advises the extirpation of the Irish Papists and particularly of the Fitz-Giralds and therefore certainly did not foresee that his own Heir would degenerate into an Irish Papist and ungratefully oppose that English Interest upon which his own Estate is founded It is said That the Spaniards agreed to pay two thousand pound per annum for one and twenty years for leave to Fish on the Irish Coast but it seems there are no such Accounts in the Exchequer And now we are got there we ought to remember the Clerk of the Pipe Walter Hussy who died about this time at the Age of an hundred and seven years Bryan O Connor obtain'd so much Favour with the Queen that he had leave to come for Ireland Ware 211. and nevertheless to retain his Pension in England but he was not long at home before he was arrested upon Suspicion of new Combinations and imprisoned in the Castle of Dublin from whence he was not enlarged before he gave his Son Rotherick Hostage for his good Behaviour The Year 1555 1555. began with the Restoration of St. Patrick's Church in Dublin and Thomas Levereuse was made Dean thereof and held it in Commendam with the Bishoprick of Kildare And on the third of July Sir William Fitz-Williams was made Keeper of the Great Seal until the thirteenth of September Hugh Curvin who was Consecrated Archbishop of Dublin the Week before was made Lord Chancellor In Vlster the Scots Islanders besieged Carrigfergas in vain but Calvagh O Donel with another Party of Scots under Gilaspick Maccaline invaded Tirconel and took his own Father Prisoner at Rosragh and kept him in restraint till his Death he also took and demolished the new Castle of Inisowen and the Castle of Enagh and in the middle of May the next year he sent back his Auxiliary Scots Another Party of the Scots kill'd Hugh Mac Neal of Claneboy in a Skirmish whereupon that Territory was on the fifteenth of September divided by the Lord Deputy and Council between Fylemy Duff O Neal and the Sons of Fylemy Buckagh In May the Cavenaughs and their Complices invaded the North Part of the County of Dublin but the Citizens of Dublin with the Slaughter of many of the Rebels drove one hundred and forty to Powerscourt-Castle 1556. which they pretended to defend but upon the appearance of Sir George Stanly with Supplies they surrendred at Mercy and seventy four of them were hanged at Dublin and the rest were pardoned But the Lord Deputy's Enemies suggested at Court That he had formerly made some Rhymes ridiculing Transubstantiation and thereupon for that or for some other Reason he was soon after recalled and Thomas Ratcliff Lord Fitz-Walter Lord Deputy arrived on Whitsunday and on Tuesday after took the usual Oath at the Altar in Christ-Church on a Mass-book and Saintleger on his Knees surrendred the Sword and the Lord Deputy continued kneeling until Te Deum was sung He brought over with him Sir Henry Sydny Vice-Treasurer and twenty five thousand Pound in Money to provide against the Scots Islanders and the Irish Rebels The Instructions to the Lord Deputy and Council begin at the top Mary the Queen although she was married long before that to King Philip Lib. SSS 53. and the first Article is by their Example and all good means possible to advance the Honour of God and the Catholick Faith to set forth the Honour and Dignity of the Pope's Holiness and See Apostolick of Rome and from time to time to be ready with their Aid and Secular Force at the Request of all Spiritual Ministers and Ordinaries there to punish and repress all Hereticks and Lollards and their damnable Sects Opinions and Errors and to assist the Commissioners of the Legate Cardinal Poole which he designed to send into Ireland to visit the Clergy On the first Day of July the Lord Deputy marched to Vlster against the Scots Ware 216. and on the eighteenth of the same Month he defeated them with the slaughter of two hundred of them Sir Henry Sydny killed James Mac Connel with his own Hand and the Earl of Ormond and Sir John Stanly behaved themselves exceeding well and so the Lord Deputy having left Necessaries at Knockfergus and Stanly the Marshal Governour of Vlster returned to Dublin and not long after made a Journey to Munster where he received many English and Irish to Mercy Hereupon Shane O Neal came to the Lord Deputy to Kilmainham upon a Promise of Protection and made his humble Submission But since that time frequent Experience has convinced the Government That Protections have always
Enemy's Camp and it succeeded according to his Desire for O Neal's Army being over-confident of their Numbers and despising the Weakness of their Adversaries had made no preparation to resist an Assault which they did not suspect and wanting such Scouts Out-guards and Centinels as Martial Discipline required and as was usual in all well-governed Armies they were easily surprized and defeated and Shane O Neal himself was forced to make use of his Heels As to Ecclesiastical Affairs there was a Provincial Synod held at Dublin Anno 1555 which made some Constitutions about the Rites and Ceremonies to be used in the Church and afterwards the Church-Goods and Ornaments were restored and particularly those belonging to the Churches of Dublin and Drogheda and although many Gleabs continued Lay-Fees during all the Reign of Queen Mary yet at the Request of Cardinal Poole her Majesty restored the Possessions of the Priory of Kilmainham and Oswal Messemberg was confirmed Prior by Patent dated the eighth of March 1557. but afterwards he fled beyond Seas and the Possessions of that Priory and of that Order in Ireland were by Act of Parliament annexed to the Crown in Queen Elizabeth's Reign There was also a Provincial Synod held at Drogheda this Year by Archbishop Dowdal and therein Leave was given to Husbandmen to work certain Days in Harvest The Lord Justice having on the twenty fifth Day of April received the Submission of O Reyly and his Fealty or Oath of Allegiance 1558. did on the twenty seventh surrender the Sword to Thomas Earl of Sussex Lord Deputy who brought over with him five hundred Soldiers and an Order to coyne Brass-Money and to make it currant by Proclamation which he did On the fourteenth of June he began his March to Munster against Daniel O Brian he came to Limerick and advanced forwards into Thomond he scattered the Rebels and took the Castles of Bunratty and Clare and then restored the Country to the Earl of Thomond who together with the Freeholders of that Country did on Sunday the tenth day of July swear on the Sacrament Lib. NNN and by all the Relicks of the Church as Book Bell and Candelight they are the very Words of the Herald's Certificate to continue Loyal to the Queen and to perform their Agreements with the Lord Deputy On the twenty first of June the Earl of Desmond made his Submission to the Deputy at Limerick and on the twenty sixth the Lord Deputy was God-father to the Earl's Son whom he named James Sussex and gave the Child a Chain of Gold and gave another Chain and Pair of gilt Spurs to Dermond Mac Carthy of Muskry whom he also knighted The Lord Deputy caused a Soldier to be nailed to a Post for drawing his Sword in the Camp contrary to Proclamation and then marched to Galway where he was well received especially by the Archbishop of Tuam and the Bishops of Clonfert and Clonmacnoise who with the Clergy met him in Procession On the fifteenth day of September the Lord Deputy shipped his Army at Dalky and sailed to Raghline and though he lost one Ship in the Storm yet he pursued his Design and took the Island and placed a Colony and a small Garrison in it and thence he invaded and wasted Cantire in Scotland Nor did the Islands of Aran and Comber escape the like Desolation and he intended as much against the Island of Ila but he was by ill Weather forced to put in at Carigfergus and so having burnt many Villages which were possest by the Scots in Vlster he returned to Dublin on the eighth day of November Sir Henry Sydny was sworn Lord Justice on the eighteenth of September by virtue of a Patent dated at Richmond the fourth of August and now when the Earl of Sussex return'd he was sworn anew on the tenth of November and had a new Patent bearing date the seventeenth day of August 1558. The Lord Deputy had a new Great Seal sent him out of England and also new Seals to the other three Courts which he delivered to the Lord Chancellor Chief Justices and Chief Baron in the Council Chamber and about the same time a Party of the Islander Scots that came into Connaught to the Assistance of one of the Burks was defeated by the Earl of Clanrickard and most of them slain And because the Author quotes the Most Reverend and Learned Primate Vsher and the Memorials of the Most Noble and Industrious Richard Earl of Cork for the following Story I will insert it verbatim as it is already printed in the Life of Archbishop Brown Queen Mary having dealt severely with the Protestants in England about the latter end of her Reign signed a Commission for to take the same Course with them in Ireland and to execute the same with greater Force she nominates Dr. Cole one of the Commissioners Sending the Commission by this Doctor who in his Journey coming to Chester the Mayor of that City hearing that her Majesty was sending a Messenger into Ireland and he being a Church-Man waited on the Doctor who in discourse with the Mayor taketh out of a Cloak-Bag a Leather-Box saying unto him Here is a Commission that shall lash the Hereticks of Ireland calling the Protestants by that Title the good Woman of the House being well affected to the Protestant Religion and also having a Brother named John Edmunds of the same then a Citizen in Dublin was much troubled at the Doctor 's Words but watching her convenient time whilst the Mayor took his Leave and the Doctor complementing him down the Stairs she opens the Box and takes the Commission out placing in lieu thereof a Sheet of Paper with a Pack of Cards the Knave of Clubs faced uppermost wrap up The Doctor coming up to his Chamber suspecting nothing of what had been done put up the Box as formely The next day going to the Water-side Wind and Weather serving him he sails towards Ireland and landed on the seventh of October 1558. at Dublin then coming to the Castle the Lord Fitz-Walters being Lord Deputy sent for him to come before him and the Privy Council who coming in after he had made a Speech relating upon what account he came over he presents the Box unto the Lord Deputy who causing it to be opened that the Secretary might read the Commission there was nothing save a Pack of Cards with the Knave of Clubs uppermost which not only startled the Lord Deputy and Council but the Doctor who assured them He had a Commission but knew not how it was gone Then the Lord Deputy made answer Let us have another Commission and we will shuffle the Cards in the mean while The Doctor being troubled in Mind went his way and returned into England and coming to the Court obtained another Commission but staying for a Wind at the Water-side News came unto him That the Queen was dead And thus God preserved the Protestants in Ireland This Queen died on the seventeenth day of
Knight of the Garter came over Lord Lieutenant Lib. C. says Burlace Lord Deputy says the Statute-Book He arrived at Bullock and was sworn in Christ-Church on the thirtieth day of August His Instructions bear Date the tenth of May and are to this effect First That the Army or rather Garrison shall be three hundred twenty six Horse eight hundred sixty four Foot and three hundred Kern Secondly That Port-Corn shall be reserved towards victualling the Army Thirdly That he endeavour to People Vlster with English and to recover L●cale Newry and Carlingford from the Scots and to recompence Sir Nicholas Bagnal for his Interest in Vlster Fourthly Lib. H. That Mac Cartymore be ordered to hold his Estate after the English manner as the Earls of Thomond and Clanrickard do And he had also other Instructions to him and the Council to set up the Worship of God as it is in England and to make such Statutes next Parliament as were lately made in England mutatis mutandis and to dispose of Leix and Offaly to the best Advantage of the Queen and the Country This Lord Deputy held a Parliament at Dublin on the twelfth day of January which enacted the following Laws and then was dissolved on the twelfth of February First That the ancient Jurisdiction over the State Ecclesiastical and Spiritual be restored to the Crown And Foreign Authority abolished and that the Acts of Appeals and Faculties be revived and also as much of the Act of Marriage as concerns Consanguinity And the Act of Repeal made the 3 and 4 Philip and Mary repealed And an Act of 3 and 4 Philip and Mary to revive three Statutes concerning Heresie and the three Statutes therein named be repealed except so much thereof as concerns Premunire And that the Queen and her Successors may appoint Commissioners to exercise Ecclesiastical Jurisdiction And that all Officers and Ministers Ecclesiastical or Lay all Ecclesiastical Persons and every one that has the Queen's Wages shall take the Oath of Supremacy on pain of losing his Office And shall be uncapable to take any Office Ecclesiastical or Temporal if he obstinately refuses the Oath tendered to him He that sues Livery or takes Orders must take the Oath And a Penitent upon taking the Oath shall be restored to his Office of Inheritance He that shall extol maintain or advance Foreign Jurisdiction shall for the first Offence lose his Goods and if they be not worth twenty Pound then a Years Imprisonment without Bail besides and if it be an Ecclesiastical Person shall likewise lose all his Benefices and the second Offence to be Premunire and the third High-Treason provided the Prosecution for Words be within half a Year after the speaking Nothing shall be adjudged Heresie but what has been so by the Scripture first four General Councils or some other General Council by express Words of Scripture or shall be by Act of Parliament That there must be two Witnesses And that no Man be esteemed as Accessary till two Witnesses prove he knew the guilt of the Principal before he relieved him c. Secondly An Act for Uniformity of Common-Prayer Thirdly An Act for Restitution of the First-Fruits and twentieth part of Spiritual Benefices to the Crown Fourthly An Act for consecrating Archbishops and Bishops Bramhal 438. And it is observed by Archbishop Bramhal That no Papists ever did or could make the least Objection against the Ordination of the Protestant Bishops in Ireland For besides that Archbishop Brown the first Protestant Bishop in Ireland was ordained by the Bishops of Canterbury Rochester and Salisbury and many of the Irish Bishops were ordained by Brown The very Popish Bishops did assist at the Consecration of most of the Protestant Bishops and complied with the Government and kept their Sees until they had sacrilegiously betrayed the Church and alienated most of its Possessions one Bishoprick being left so poor that it had but forty Shillings per annum Ware de Praesulibus 27. and another but five Mark Thus Loftus Archbishop of Armagh was consecrated by the Popish Archbishop Curwin Ibid. 128. 59. Thomas Lancaster the first Protestant Bishop of Kildare Ibid. 148. was consecrated by Archbishop Brown and John Merriman Ibid. 188. the first Protestant Bishop of Down and Connor was consecrated by Lancaster when Primate Bale Bishop of Ossory was consecrated by the Popish Bishops of Armagh Kildare and Down Casy Bishop of Limerick was consecrated by Archbishop Browne assisted by the Popish Bishops of Kildare Ferns and Leighlin c. Fifthly An Act of Recognition of the Queen's title Sixthly That it be Premunire to say the Queen has no Right to the Crown and Treason to write it Seventhly That the Priory of S. John of Jerusalem be united to the Crown The Parliament being dissolved the Deputy went immediately to England to give an Account thereof and by the Queen's Orders substituted Sir William Fitz Williams 1559. Lord Deputy he was sworn in Christ Church on the fifteenth of February and his Patent bears date at Westminster the eighteenth day of January 2 Eliz. In his time Shane O Neal broke out again into Rebellion Cambd. 121. and overthrew O Reyly in the Field and took Calagh O Donel Lord or Chief of Tyrconnel Prisoner together with his Wife and Children and afterwards lived with her in Adultery and kept her by Force and he seized upon O Donel's Castles Lands and Goods and in all things behaved himself as King of Vlster 1560. And about the same time Money which in King Henry the Eighth his Days was much debased was raised near to the intrinsick value and Sterling Money was stamped but it was made currant at a fourth part more than it passed for in England so that an English nine Pence was twelve Pence Irish and so it continued until the Year 1601. when her Majesty's vast Expence in Ireland forced her by the Advice of the Lord Buckhurst to mingle Brass with the Silver which was therefore called mixt Monies but the Government then was so steady that the Soldiers suffered it without Mutiny although it was of infinite Prejudice to them But to proceed Thomas Earl of Sussex came over again Lord Lieutenant 1560. I suppose in April for on the seventh of May the Queen sent him Orders to perswade the Earl of Kildare to go to England and that the Queen would lend him Money in England on his Bond and if the Earl refused then the Lord Lieunant was to shew him the Queen 's positive Commands to that effect and if he still declined the Voyage then the Lord Lieutenant was to apprehend him This Lord Lieutenant brought with him new Instructions Lib. C. 1. To build Castles in Leix and Offaly and to people those Countries by granting Estates to the Planters and their Heirs Males 2. To settle Vlster and to admit Surleboy Tenant to the Lands he claims in Fee binding him to contribute to the Publick Service
the Crane in Dublin and did much harm On the seventh of May the Deputy made another journey into Pheagh Mac Hugh's Country 1597 and on the eighth had the good fortune to kill that Arch Rebel Ibid. and to take a Prey of 200 Cows which were divided amongst the Soldiers But the Queen believing that her Affairs were prejudiced by the disagreement between the Deputy and the General did at his own Request revoke the Lord Deputy and to supply his Place sent over Thomas Lord Burrough Lord Deputy who landed on the 15th of May and received the Sword in St. Patrick's Church on Sunday the 22d Camb. Eliz. 543. he had supreme Authority in Martial as well as Civil Causes and immediately ordered General Norris to his Presidency of Munster which Affront together with the Disappointment of the chief Government which he knew he merited and earnestly expected and the many baffles Tyrone had put upon him broke his Heart The Lord Deputy amongst other Instructions had charge to enquire what English Undertakers had ☜ contrary to their Covenants suffered Irishmen to inhabit their Lands and to enquire into the Earl of Glancar's Estate which for want of Heirs Males was devolved to the Crown After a Month's Truce with Tyrone the Deputy marched to Vlster where the Crown retained only Newry Knockfergus Greencastle Armagh Dundrum and Olderfleet Connaugh was likewise in Rebellion and so were some of the Butlers in Munster The Deputy met some opposition at a Pass near Armagh but he gallantly forced his way and thereby was convinced that the Irish would run if resolutely assaulted he soon took the Fort of Blackwater and garison'd it with English but whilst they were giving thanks to God for this Victory they were called from Prayers to Arms upon the appearance of the Irish Forces with whom they skirmished successfully yet so as that the Deputy's Brother-in-Law Vaughan and several others were slain and particularly two Foster-brothers of Henry Earl of Kildare for grief whereof the Earl soon after dyed Clifford Governour of Connaugh was ordered to advance with the Forces of his Province to the borders of Vlster wherefore with 700 old Soldiers he attempted it bravely but being opposed by a numerous Enemy he nevertheless made a gallant retreat above 30 Miles and in the face of 2000 Rebels without any considerable loss Upon the Lord Deputy's return towards the Pale the Earl of Tyrone immediately besieged the Fort of Blackwater and the Deputy as nimbly marched to its relief and having raised the Siege he designed to march to Dungannon and so to clear the way thither that on any occasion the Army might march that way but he fell 〈◊〉 and was forced to return and dyed in the way to Dublin and Sir Thomas Norris President of Munster was provisionally made Lord Justice on the 30th of August but he being melancholy at the death of his Brother soon grew weary of the Office and at his Request the Government was committed to Adam Loftus Lord Chancellour and Archbishop of Dublin and Sir Robert Gardiner Lord Chief Justice Lords Justices who were sworn on the 15th of November and the same day the Council gave in writing an account of the State of the Kingdom and concluded that it was an universal Irish Rebellion intended to shake off all English Government The Earl of Ormond was made Lieutenant General of the Army and he was to have 100 Marks per mensem and 30 Horse and 30 Foot and the Lords Justices were to have 33 l. 6 s. 8 d. per mensem and 20 Horse and 20 Foot equally divided between them The Earl of Ormond upon application made to him by Tyrone procured a Commission to himself the Bishop of Meath and Secretary Fenton to treat with that Rebel and on the 22d day of December they met at Dundalk and agreed to a Cessation for eight weeks on Tyrone's engagement to furnish the Fort of Blackwater with 50 Bieves and to give the Garison liberty of Forage and other Articles recited at large Morison 22. On the 18th of February O Rourk submitted to the Lieutenant General and subscribed the Agreement likewise mentioned at large Morison 22. and on the 15th of March Ormond proposed to Tyrone 13 Conditions of Pardon mentioned Morison 23. to most of which he agreed but because O Donell and some others did not appear that matter was adjourned to the 10th of April in the mean time the Pardon was drawn and bears date the 11th of April but I do not believe that Tyrone ever came for it both because he was Anno 1600. outlawed on the former Indictment and because he immediately relapsed into his former Disloyalties and not only sent aid to Phelim mac Feagh but also laid close Siege to the Fort of Blackwater but the defence made by Captain Thomas Williams was so considerable that Tyrone despair'd of effecting his design by Force and therefore resolved to starve them and indeed they were reduced to great necessity when in August Marshal Bagnall with 14 Ensigns of Foot and a choice Party of Horse was sent to relieve them The Rebels Camd. Eliz. 565. being a vast number fell upon the English in a Wood half a Mile beyond Armagh and the Earl of Tyrone having a particular spight against the Marshal B●gnall he bent all his Force that way and had the good fortune to kill the Marshal and to rout the English Army with the slaughter of 13 Captains and 1500 Soldiers whereupon the shattered remnant of the English retired to Armagh and sent to Captain Williams to surrender the Fort of Blackwater that he might reinforce and preserve the rest of the Army By this Victory the Irish got Arms Ammunition and Victuals and which was more so much Reputation that the English could act only on the defensive part and not that it self without continual fear and danger But the Queen was nettled at this Defeat and by the 12th of September 1598. blam'd Ormond that he was not there and ordered him to reduce the old List to 8000 and to clear the Army from Irish and she also sent over Sir Richard Bingham to succeed Bagnall in the Office of Marshal but as soon as he landed he dyed at Dublin and Sir Samuel Bagnall was sent with 2000 Foot and 100 Horse which though at first designed to plant a Garison at Loghfoyle were on the aforesaid all news ordered to land at Carlingford In the mean time Tyrone sends Owny mac Rory Oge and Tirrel into Munster with 4000 Kernes 598. the President Sir Thomas Norris opposed them but was forced by necessary occasions or rather by reason of the weakness of his Forces to return to Cork whereupon the Munsterians generally rebell in October and kill murther ravish and spoil without Mercy and Tyrone made James Fitz Thomas Earl of Desmond on condition to be tributary to him He was the handsomest Man of his time and is commonly called the Sugan Earl And the Queen
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 Oge● 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 Cla●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
more and on the 30th of July the Deputy march'd to the new Fort at Blackwater and beyond it and spent two days in cutting the Woods and clearing the Paces and whilst they were doing so on the first of August the Rebels made an Alarum whereat the English Horses were frightned broke their Headstals and ran away some to Armagh and some to Newry but the Troopers recovered them all again by the cowardize and negligence of the Irish Horse-men who might easily have pursued and taken them all On the second of August the Deputy return'd to Armagh and march three miles farther to Ralawtany and sent out Sir Henry Danvers with 300 Foot to burn about 20 Houses which he effected but in his return was assaulted by Tyrene's Army However being succour'd from the Camp he made a safe Retreat though the Rebels pursued him even so far as to pour a Volly of Shot into the Camp and by reason of the adjacent Wood they also got away safe The next day the Deputy marched North of Armagh for convenience of Forage and to secure the Convoys and the Rebels being numerous drew down thorough the Woods near the Army which by Poll was but 1728 foot and above half of them Irish The fourth of August the Deputy drew out some Companies to cut down the Woods and they were not interrupted all day but after they were return'd to the Camp in the Evening the Rebels appear'd in a Meadow below the Camp with Drums and Bagpipes and pretended to assault the Camp but the Lord Deputy plac'd 400 men in Ambush and order'd them not to fire till the Enemy was very near The Rebels were encourag'd by their not firing so that they poured 2 or 3000 Shot into the Camp but the Ambush finding their opportunity gave them such a Volley in their teeth that turn'd their Musick to Allogone and slew many of their best men and particularly Peirce Lacy of the Brough one of the greatest Rebels in Munster But because Tyrone who had 3640 Foot and 400 Horse was strengthned by the access of Maguire mac Mahon and Cormack mac Baron and their Followers and was also elevated with the expectation of Spanish Succours the Deputy sent for Sir John Barkly's Regiment from Annaly and spent two days in cutting the Paces and on the 7th march'd to Mount Norris where he staid the 8th 9th 10th 11th and 12th and on the 13th came within three mile of Armagh and on the 14th victualled the Abby of Armagh and the Fort of Blackwater and return'd to his Camp and on the 15th he march'd to Mount Norris and on the 16th to Carrickbane near the Newry and on the 24th his Lordship left the Field and came to the Newry having plac'd his Forces in Garrison   Foot Horse   Viz. at Carigfergus 850 125 Sir Arth. Chichester Lecale 300   Sir Rich. Morison Newry 450 50 Sir Fran. Stafford Mount Norris 600 50 Sir Sam. Bagnal Armagh 800 125 Sir Hen. Danvers Blackwater 350   Capt. Williams But let us return to the Lord President of Munster who was alarum'd from Conaugh for in the latter end of March Redmond Burk and Hugh Mostian with 800 Canaugh-men and Teig Bourk John Fitz Thomas Donough mac Cormock and Peirce Lacy with 700 Vlster-men design'd to invade Munster by the way of Conaugh and the Lord of Kerry Teig Reagh mac Mahon and others were providing a Bark to come by Sea Sir John Barkly Governour of Conaugh in absence of Sir Arthur Savage was too weak to resist this Force and therefore the President sent him 1000 Foot under Sergeant-Major Flower in hopes to interrupt their passage over the Shenin Flower assisted by the Lord Twomond's Foot-Company on the 29th of March came to Quin in Thomond and hearing the Rebels were not far off notwithstanding that Teig mac Tirlogh O Brian and Walter Burk Son of the blind Abbot had three days before joyn'd them he drew towards them and so valiantly manag'd the Encounter that Teig and Walter were both slain and their Forces totally routed The remainder of the Rebels finding that the President had taken care to stop their passage by Sea retir'd into Tough Kinalehim a strong Fastness betwixt Clanrickard and Thomond where they continued till the 13th of April then being half starved and dispairing of assistance from O Donnel who had promis'd it they stole away in the Night to O Maddins Country the English pursued them several Nights till they pass'd the River Suck wherein 200 Irish were drowned and the rest dispers'd in the mean time the President himself came to Lymerick to countenance and be ready to assist the English Forces he also order'd the chief Irish Subjects with their risings out to meet at Galbally in the County of Lymerick under the Lord Barry where 1300 Foot and 120 Horse of the County of Cork only appeared The Rebels thus scattered Captain Flower returned to Lymerick the 21st of April and on the 26th the President returned to Cork in order to use all possible means to secure the Sugan Earl and Florence Mac Carty which not long after he luckily effected for on the 29th of May the White Knight alias Fitz Gibbon took James the Sugan Earl of Desmond prisoner in a Cave in the Mountain of Slevegrot and sent him to the President at Cork for which good service he had 1000 l. This Earl was arraign'd and condemn'd at Cork and afterwards sent into England together with Florence Mac Carty whom the President caus'd to be arrested in Cork in the beginning of June upon notice of his manifold Treasons and Breaches of his Protection which may be found at large in Pacata Hiberniae p. 164. both of them afterwards died in the Tower of London One of these was the most potent of all the Earls of Desmond having at one time 8000 armed Men under his command And the other had been the most considerable of the Mac Carties since the Conquest The President Pa● Hib. 17● to farther the intended Plantation at Ballishanon sent Sir Francis Barkley and 1000 Foot and 50 Horse to Conaugh by the Deputy's order where they did very good service On the 28th of July the President held Sessions of Goal-delivery at Cork where all the Freeholders were summon'd to appear and then he intended to seize upon the most suspicious persons in hopes that the News thereof would prevent the Spanish Invasion and accordingly he caus'd to be arrested Mac Donogh alias Dermond Mac Owen Teig Mac Dermond Carty Brother of the Lord of Muskry and Moyle more O Mahon of Kinalmeaky all which were fully resolved to joyn with the Spaniards and had license from the Priests to temporize till their deliverance should come About this time the Earl of Ormond did good service in Kilkenny and Tipperary and slew several considerable Rebels and near 100 others of lesser note But let us return to the Lord Deputy 1601. whom we left at the Newry where he receiv'd News that
the preposterous Courses they took For they were taught That the Pope was by Divine Right Universal Monarch and Governor of the World P. W. Remonstrance in Preface 6 7. and had Independent Sovereign Authority over Kings and Subjects in Temporal as well as Spiritual Concerns That he might Deprive and Dethrone Kings and had Power of both Swords to which every Soul upon pain of eternal Damnation was bound to give Obedience That he had power to absolve from all Oaths and that those who are slain in the Quarrel of the Church against an Excommunicated Prince die true Martyrs of Christ and their Souls fly to Heaven immediately So that it is no wonder that a People for the most part abounding in Ignorance and Bigotry tempted by the Hopes of Profit in the Plunders and Success of the War and stimulated by a National Malice against the British should be guilty of all that Cruelty and Treachery which they thought Meritorious and was in their Opinion conducive to their main Design of Extirpating the Protestants This tedious and bloody War which was at first begun by the Papists against the Protestants to support the King's Prerogative and suppress the Puritans as they pretended met with such prodigious Turns and Vicissitudes in the Progress of it that the most virulent Faction of the Papists joyn'd with the Puritans and fought for them against the King and against one another and all the Parties in the Kingdom which were * King Ormond Parliament Coo● Covenanters Lord of Ardes Supreme Couucil Preston Nuncio Owen Roe Five did one time or other in the War fight against the Faction it had formerly sided with But because this War was on the King's part managed by the Marquis since Duke of Ormond first in the Quality of Lieutenant General and afterwards as Lord Lieutenant it is necessary that according to my former Method I give some Account of Him which perhaps cannot be better done than from a MS. I accidentally met with wherein there are some short memorable Strokes of Him and his Family not unfit to be communicated to the Reader and therefore I have transcribed it as followeth 1. He was born at Clerkenwell in London on the Ninteenth of October 1610. and died at Kingstonhall in Dorset-shire on the 21th of July 1688. This was the 78th Year of his Age in which time he had seen Four Kings and served Three of them for 57 Years with an unshaken Zeal to the Crown 2. That he had seen Three Generations above him as ma●●ely his Father Thomas Viscount Thurles his Grandfather Walter Earl of Ormond and his great great Uncle Thomas Earl of Ormond who being a Black Man was commonly called by the Irish Thomas Duff This Thomas who was also Earl of Ossory was a Man of high Courage and Endowments and much favoured by Queen Elizabeth as being also Kinsman to her Mother He was Knight of the Garter Lord Treasurer of Ireland and General of the Army there He lived to the Age of Eighty seven Years and in the Reigns of Five Kings and Queens and died in 1614. So also had his Grace seen Three Generations below him as namely his Son Thomas the Renowned Earl of Ossory his Grandson James the present Duke and his great Grandson Thomas who was playing in the Room before him but a few Hours before his Death 3. That he had for some Years sat with Two of his Sons the said Thomas Earl of Ossory and Richard Earl of Arran in the House of Peers in England and his eldest Son was Knight of the Garter at the same time with Himself 4. That if the Siding and Partaking with the House of Lancaster in the Ancient Quarrels with the House of York which divided and at one time or other involved the whole Nation may pass for nothing it will not appear in all the Records that any Staln of Disloyalty was ever imputed to any that were the Chief Branch of this Family for Five hundred Years 5. That his Grace not to count what Titles they had before was the Twelfth Earl of Ormond and the Seventh of that Name of James He who was the Second James and styl'd The Noble Earl as being by his Mother de Bohun Great Grandson to King Edw. I. was thrice Lord Justice of Ireland And the Fifth James being by Hen. VI. made also Earl of Wiltshire Knight of the Garter and Lord Treasurer of England was Five times made Lord Deputy and Lord Lieutenant of Ireland and had a Patent of it for Twelve Years His late Grace the Seventh James was Lord Lieutenant Four times which in all took in about Twenty four Years And if we shall reckon how many of this Family and how often they have been concern'd in that Government it thus appears That from the 31 Hen. 3. 1247. when Theobald Butler Lord of Carrick was made one of the Lords Justices to 1 Jac. 2. 1684. that his Grace was dismist from being Lord Lieutenant there have in the space of Four hundred thirty seven Years been Ten of this Family who have Seven and twenty times been either Lords Justices Lords Deputies or Lords Lieutenants of that Kingdom These Instances are perhaps sufficient to give the Reader some farther Curiosity to know by what Steps this Great Man grew up into the World who had a various and difficult Part in those Revolutions that befel Three Kingdome and the Monarchs thereof And inasmuch as they seem to reflect some Light on part of the following Story I will venture to add what I also found in the same Manuscript as followeth That the said Thomas Duff having no other Issue than his Daughter the Lady Elizabeth he first married her to his Nephew Theobald Viscount Tullough who was a Protestant as well as himself But he soon dying Childless and the young Widow being made very considerable in her Fortune by the Father's Indulgence there came Sir Richard Preston a Scotchman who being much favoured by King James and fortified by His Credentials he obtain'd the Lady and was made thereupon Lord Dingwell in Scotland and Earl of Desmond in Ireland This Earl soon began to stretch and enlarge his Pretensions to the Estate But Earl Walter the Heir at Law opposed him King James was pleased to take upon Him the Arbitration between them but did it with such partiality as Earl Walter thought that he chose rather to be thrown into the Fleet as for Contempt than to submit There he lay a Prisoner for Eight years together his whole Estate Sequestred and Extended his County Palatine of Tipperary which had been Three or Four hundred years in the Family seised by Quo Warranto into the King's Hands and he reduced to a shameful Want The Duke of Buckingham was active in this Oppression but the Cry of it grew so lowd at last that the King relented for what he had done In these Troubles it was that his Grace's Father Thomas Viscount Thurles coming over to prosecute in
Rebellion than ever had been in Ireland to that time For the Lord Deputy having sent Proclamations of the King's Succession to all Cities and Burroughs not doubting but that they would be chearfully published in every place to his great amazement received this Account from Cork That Captain Morgan came thither with the Proclamation on the Eleventh of April and immediately Sir George Thornton one of the Commissioners of Munster went with it to Thomas Sarsfeild then Mayor who answered That by their Charter they might take time to consider it Sir George replied That since they knew the King's Right and that he was proclaimed in Dublin it would be taken ill if they delayed it The Mayor answered That Perkin Warbeck was also proclaimed in Dublin and that nevereheless much Damage hapned to the Country by their precipitation therein Whereupon Saxy Chief-Justice of Munster said That they ought to be committed if they refused But William Mead the Recorder told him That no body there had Authority to commit them Hereupon the Mayor and his Brethren c. went to the Court-house to consider of so important a Matter Sir George Thornton in the mean time staying in the Walk to expect their Resolution After an hours stay there he sent to know their Mind they put him off for an hour more and when that was expired they plainly told him They could not give their Answer till the next day Whereupon he said He would proclaim the King without them But they let him understand That he had no Authority within their Liberties to do so neither would they permit him to do it And so they put it off till the Thirteenth of April and then Sir George Thornton and the Lord Roch and about 800 Soldiers and others proclaimed the King in the North Suburbs near Shandon-Castle but the Mayor and Citizens deferr'd it till the Sixteenth and then wrote a sawcy Letter to the Lord Deputy importing That they had receiv'd the Proclamation on the Eleventh of April but had delayed publishing it till the Sixteenth for the greater Solemnity and they desired that Halbowling Fort not being in the Hands of a sufficient Commander to secure it might be put into the Hands of the Mayor and Citizens for whose Defence it was made But the Citizens not expecting an Answer to their minds from the Lord Deputy designed to set up their Religion by force and to that end they kept strong Guards on their Ports and Gates and stopt the King's Boats going with Victuals to Halbowling so that the Commissioners were forced to relieve that Fort with Ammunition and Victuals from Kinsale they also carried the Cross in Procession about the City and forced People to reverence it they also defaced Sentences of Scripture that were written on the Church-walls and painted the places with Pictures they re-consecrated the Churches and went daily in Procession they also took the Sacrament to spend their Lives in defence of the Roman Catholick Religion they disarm'd such Protestants as were in their Power and rejected the mixt Moneys and refus'd to suffer the King's Provisions to be taken out of the Store until they should be assured that the Soldiers should be sent out of the Liberties of the City they also endeavoured to get the South Fort into their Hands so that Sir George Thornton was forced to shelter himself in Shandon Castle Upon notice of these Proceedings Sir Charles Willmot who was besieging Mac-Morris in Ballingary Castle immediately repair'd to Cork and finding that no good was to be done by Treaty he sent 600 Men over the Ford by Gillabby into the South Fort and thô two of them were kill'd in their Passage by Shot from the Walls yet the rest got in safe and secur'd the Fort However the Citizens mounted some Guns and shot at the Bishop's Palace and Shandon Castle thô the Lord President Carew his Wife was in the one and the Commissioners of Munster in the other Nevertheless on the 28th of April the Lord Deputy wrote a kind Letter to the City of Cork and required them to suffer the King's Stores to be issued out to the Army but they excus'd themselves and answered That they did not know but those Stores if delivered out might be made use of against the Town Whereupon the Lord Deputy wrote a smart Letter to them on the First day of May but before it came to their Hands the Citizens under the Conduct of Christopher Murrough had removed the King's Stores into their own Cellars Morison 291. and being taught by a Seditious Priest That he could not be a Lawful King who was not approved by the Pope nor sworn to maintain the Catholick Religion they took a Resolution in Publick Council to excite the other Cities and Towns to Confederate with them for the Preservation of the Catholick Faith and resolved to defend themselves by Force It hapned that some few were slain on either Side and particularly a Minister was kill'd by a Shot from the Town and one of the Bishop's Servants was wounded and taken Prisoner and was told by them That the Traytor his Master should not escape Death if they could get him within their Power But their Insolence will best appear by their own Letter to the Lord Deputy the Substance of which is to be found here Appendix 1. In the mean time the Commissioners of Munster finding that they wanted Artillery sent for some to Halbowling but the Citizens having notice of that Design Mann'd out some Boats under William Terry to intercept them Nevertheless they arrived safely and thereupon the Citizens being frightned with the noise of the Great Guns agreed to a Cessation until the Lord Deputy should come But the City of Cork was not the only Place that was Rebellious at this Junctu●e Waterford was altogether as ill inclined tho' it had not an Opportunity of doing so much Mischief However they did their Share and first they pulled down Sir Nicholas Welsh their Recorder from the Cross where he was reading the Proclamation of the King's Succession They also broke the Doors of the Hospital and admitted Dr. White to preach a Seditious Sermon in St. Patrick's Church wherein amongst other inveterate things he said That Jezebel meaning Queen Elizabeth was dead They also took the Keys of the Cathedral from the Sexton and caused a Priest to celebrate Mass there Nor were the Towns of Clonmell and Wexford free from the like Insolencies but they being the weaker and the less populous Places were sooner sensible of their Faults than were other Towns where Tumult and Noise gave less opportunity of Thinking and Number and Fortification encourag'd to Obstinacy and therefore these Corporations restored the Churches and submitted to the Lord Deputy's Commands before the Army approached their Walls whilst on the contrary Limerick which has seldom been backward in an Irish Rebellion was one of the forwardest in this and gave their Priests the Possession of all their Churches where they erected Altars
and publickly celebrated Mass This City is seated in an Island surrounded with the River Shenin and joyned to the Continent by two stately Bridges of Stone it is fortified with good Walls and a strong Castle and is justly esteem'd the most Impregnable Town in Ireland and certainly its Strength and Reputation has often prov'd a Snare to the Inhabitants and prompted them to such Acts of Disloyalty as otherwise they would not have dared to perpetrate And tho' at this time Limerick did subm●t without a Siege because all its Accomplices had first done so yet in the succeeding Rebellion it not only defied all His Majesty's Forces abus'd His Herald and affronted His Lord Lieutenant but at last put the whole Power of England to the Necessity of making a Second Tedious and Bloody Siege before they could reduce it which I have observed in this place because I would lose no Opportunity to put the English in mind how much it does import them upon a new Settlement that care be taken that those Strong Places should be inhabited only by a People faithful to the Crown But to proceed The Religious at Kilkenny were not less precipitate and insolent than their Brethren elsewhere Edmond Raughter a Dominican headed the Sedition in that City and broke open the Black-Friers which had for some time been used as a Court-house and pulled down the Seats and erected an Altar and forced the Keys of his House from one Mr. Bishop that lived in part of that Abby and gave Possession of the whole Abby to the Friers altho' by Act of Parliament it was turned to a Lay-Fee and by Legal Conveyances became the Propriety of other Men. These Rebellious Proceedings in so many principal Cities and Towns necessitated the Lord Deputy to undertake a Progress to Munster and on the Fifth of May he came to Gracedea near Waterford and summon'd the Mayor and his Brethren to open their Gates and receive him into the City with His Majesty's Army and tho' at first they refused to admit any Forces into the Town except the Lord Deputy and his Retinue alledging some Privilege or Exemption to that purpose by vertue of an Ancient Charter from King John yet when the Lord Deputy had told them That no King could give that Privilege to his Subjects whereby his Successors should be prejudiced in the due Obedience they were to expect from them and that if they did not open their Gates immediately but put him to the Necessity of entring by Force he would cut King John ' s Charter with King James ' s Sword and ruin their City and strew it with Salt they tamely opened their Gates notwithstanding their former boasting and the Lord Deputy and the Army march'd into the City But whilst he was in his Camp at Gracedea the Mayor at his Excellencies Request sent out Doctor White and a young pert Dominican Frier to discourse with his Lordship in Matters of Religion and to shew him the Grounds and Reasons of these Proceedings which his Lordship thought so temerarious and unaccountable And the Friers had the confidence to come in their Habits with the Crucifix exalted before them Sullivan 199. and to tell the Deputy That the Citizens of Waterford could not in Conscience obey any Prince that persecuted the Catholick Faith This led them into Discourse wherein at length Doctor White cited a Passage in St. Austin for the Proof of something he asserted and it hapning that the Lord Deputy had the Book in his Tent he caus'd it to be sent for and publickly shew'd to all the Company that the Words cited by the Doctor were not St. Austin's Opinion but were quoted by him as an Objection which in the same place he opposes and confutes and inferr'd That it was highly disingenuous in the Doctor to quote that Sentence as St. Austin's Judgment when he knew that his Opinion was directly contrary to it Whereupon the Doctor was confounded the Citizens were ashamed and the Conference ended In the mean time the Lord Deputy to prevent farther Mischief at Cork and to humble them with the certain notice of his Approach sent the Mayor of that City the following Letter FOr the dispatch of Your Messenger and not to omit any thing that lieth in me to make you understand your dutiful Obedience to His Majesty and the great Errors and insolent Demeanour you have of Self-will or Malice entred into I am content to write unto you tho' I know not well in what sort to write For by your Courses I cannot take you for Subjects and out of my desire to interpret your Actions to the best I could wish not to have cause to repute you Rebels To deal plainly with you for any thing that your selves inform or I can otherwise learn I see not that Sir Charles Wilmot hath done but as in his Duty he was tied to do But I am presently drawing down to the City of Cork and having reserved one Ear for any your just Complaints will judge of your Proceedings as I shall find them I have let you understand my Pleasure by my Letters one sent by Master Meade which if he have not delivered he is more to blame and I assure my self some of them came to your Hands and in all I have charged you upon your Allegiance as again by these I do to desist from Publick Breach of His Majesty's Laws in the Celebration of the Mass prohibited by the same and to yield due Obedience to His Magistrates and especially upon your extreamest Perils not to presume to make any stay of His Majesty's Victuals and Munition left upon especial Trust on your Fidelity within the Walls of that City but to suffer it by His Majesty's Commissioners of that Province to be issued to the Forts or where they shall think meet for the present Service I shall be glad to find that you conform your selves to due Obedience in all these and other Duties of Good Subjects if otherwise you obstinately persist in the contrary I must needs hold you for Enemies to the King and the Peace of these His Realms and as such think you fit to be prosecuted by the revenging Sword of these and other His Majesty's Forces From the Camp at Gracedea near Waterford the Fourth of May 1603. And on the Eleventh of May the Lord Deputy came with his Forces to Cork which had for some days been blocked up by the Commissioners of Munster Nevertheless he had immediate admittance into the City without any previous Capitulation whereby it is manifest That some who have but small regard to Dangers that are remote have a delicate sense of those that are near Would any Man believe that these insolent Rebels that refus'd to proclaim the King and seiz'd on His Stores threatned to murder the Bishop and shot at the Lord President 's Lady and the Commissioner●s and had kill'd a Minister and several others of the King's Subjects so that Mr. Sullivan brags That they
slew more than they lost should yet tamely resign upon the first approach of the Army and surrender their City to the Mercy of an incensed General without making Conditions for their own Indemnity However thus they did and relied only upon a very slight Stratagem to preserve themselves which was that at the Lord Deputy's Entry into the City they placed Plow-shares on each side of the Street intimating thereby that the Oppression of the Soldiers had occasioned so many Plows to lie idle and them to mutiny But the Lord Deputy took little notice of that silly Contrivance however he was resolv'd in his Mind to extend Mercy to the Generality and to make Examples of some few only of the Ringleaders of this Rebellion O● this Number was the Recorder William Miagh who was the Chief Incendiary and Christopher Morough the Lieutenant that seised on the Stores and one Owen a Schoolmaster that had publish'd and preach'd up the Title of the Infanta and William Buler a bigotted Broguemaker that had been exceeding malicious and active in this Sedition These last Three having no Freehold were probably tried by Martial Law condemned and executed But the Recorder had better Luck for he was some time afterwards tried by a Jury of the County of Cork consisting altogether of Irish Papists who against full and undeniable Evidence and his own Confession acquitted him Whereupon the Foreman was fined Two hundred Pounds and the rest One hundred Pounds apiece and Master Miagh being set at Liberty became a Pensioner to the King of Spain and died at Naples But the Lord Deputy having put good Garisons into Cork and Waterford and forced the Inhabitants of each Place to take the Oath of Allegiance and to abjure Foreign Dependencies marched to Limerick and did the like there And on the Twentieth of May the Deputy came to Cashell and there he understood that a certain Priest had bound a Protestant Goldsmith of that City to a Tree threatning to burn him and his Heretical Books and that he did really burn some of the Books and kept the Man in that miserable condition for Six hours together expecting every Minute when Fire should be set to the ●aggots But it is probable the Priest made his Escape because I find nothing of his Punishment From Cashell the Lord Deputy by easie Journies return'd to Dublin and sent his Secretary Mr. Cook to give the King an Account of his Proceedings and gave him a Charge to solicit His Majesty that the Lord Deputy might keep his Place with Two thirds of the Allowance and that he might have leave to wait on the King in England leaving the Government and the other Third of the Allowance with Sir George Cary during his Absence And the better to quiet the People and to oblige them to Loyalty if possible and to induce them to an industrious and regular way of living Temple 11. the Lord Deputy issued a Proclamation of General Indemnity and Oblivion and restored every body not attainted to their former Possessions and prohibited Private Actions for Trespasses committed in the War-time and then being made Lord Lieutenant of Ireland and a Privy Counsellor in England he sailed thither with the King's leave and carried with him the Earl of Tyrone and Rory O Donell Competitor with Neal G●ruff who were not only well received at Court but also highly honoured and respected and Rory O Donel was created Earl of Tyrconel and had a considerable Estate in that Territory granted to him And about the same time the King granted to Sir Randal Mac Donald the Territory of the Rout in the County of Antrim Lib. M. saving Three parts of the Fishing of the River Ban and by these Concessions and Favours which the Irish commonly interpret to be granted to them more for Fear than for Love the Earl of Tyrone Lib. C. and all the principal Irishmen except the Earl of Thomond were encourag'd to petition the King for Toleration of the Popish Religion But the King thought it enough that the Penal Laws against that Religion were not put in execution but rather were in effect suspended by a Connivance that differed little from a Toleration and finding he had to do with a People that never missed any thing for want of asking but were apt to take the Ell if he gave the Inch he became the more reserved in his Concessions to the Irish from thenceforward And altho the King and his Ministers did all he could to bring Ireland into a Method of Government and to reduce the Publick Charge that it might hold some proportion with the Revenue yet because it was not reasonable to disband the Army till the Kingdom was better setled they could not bring the Charge for the Year 1603. lower than 163315 l. 18 s. 3 ¼ d. And that the World may see that the Irish Rebels have justly forfeited those Estates that have been at any time seised by the Crown of England and that it cost England infinitely more Money to reduce them than their Lands were worth to be purchas'd and that the Protestants of Ireland may be sensible of their Obligations to England for its liberal Contributions for their Preservation I must add That the Charge of the War for Four years and a half from the First of October 1598. to the First of April 1603. amounted to Eleven hundred ninety eight thousand seven hundred and seventeen Pounds nineteen Shillings and a Penny Sir GEORGE CARY Treasurer at Wars was sworn Lord Deputy on the First day of June and had but one third of the Deputies allowance 1603. the other two thirds being appointed for the Lord Lieutenant Mountjoy in liew of which this Deputy kept his place of Treasurer at Wars he appointed the first Sheriffs that ever were in Tyrone or Tyrconnel and this very Year he sent Sir Edward Pelhan and Sir John Davis Judges of Assize to those Counties Davis 264. and they were welcome to the Commons but distasteful to the Irish Lords But it seems Neal Garuff was highly dissatisfied with the Conduct of the English in preferring Rory O Donell before him to the Earldom of Tyrconnel Sullivan 201. and therefore Mr. Sullivan introduces that barbarous Hero into the Parliament House and says he spoke boldly and roundly to the Senate and tells us That tho he was offered to be confirmed in his former Possessions and dign●fied with the Title of Baron yet he disdained those mean Proposals and Couragiously upbraided the English Nation with Dishonesty and Perfidiousness and says it was he and not they that subdued the Catholicks and curses himself for giving Assistance to the English or trusting to their Promises and he says further That the King of England to obtain Peace from the Spaniard did dissemble his Religion and pretend to be a Papist But this Catholick Author is of no Credit and it is enough to discover the Forgery of this ostentatious Story that there was not really any
more than 50. There were a great many Projects in England for the Plantation of Ulster 1610. but many things that seem'd speclous in the Theory were afterwards found disadvantageous or impracticable Sir Francis Bacon's Notion was signified by his Letter to the King and is to be found in his Re●●scitatio pag. 255. but it is not so exact as rest of that Great Man's Works However the Lands designed for the Undertakers were this Year disposed to them and two Books of Articles were printed for their better direction and it was particularly mention'd in their Agreements That they should not suffer any Labourer that would not take the Oath of Supremacy to dwell upon their Lands But the incomparable City of London was the Soul and Life of the intended Plantation and therefore the Lords of the Council in his Majesty's behalf entred into Articles with that City the Twenty eighth day of January 1609. to this effect First That Twenty thousand Pounds be levied by the City Fifteen thousand Pounds of it to be expended in the Plantation and Five thousand Pounds in clearing and buying Private Titles Secondly That Two hundred Houses be built at Derry and room for Three hundred more and Four thousand Acres profitable Land to be laid thereto and that the Bishop and Dean shall have convenient Plots for their Houses Thirdly That a hundred Houses be erected in Colerain and room for Two hundred more and Three thousand Acres to be annexed thereto and the King to maintain a Bridge for ever Fourthly That the whole County of Colerain be cleared by the City from all Claims except three or Four Irish Free-holders and the Bishop and Dean of Derry and the City to have the whole Territories of Glancanken and Killetragh and the Patronage of Churches Fifthly That the aforesaid Four thousand and three thousand Acres pay a Fee-farm Rent of Fifty three Shillings and four Pence and be held in Free Burgage and all the rest in Common Socage Sixthly That the City shall have all Customs Tonnage Poundage c. for Ninety nine Years at Six shillings eight pence per Ann. and the Fishing of the Ban and Laghfoyl as far as it ebbs Seventhly The City to have liberty to transport Prohibited Goods growing on their own Lands and the Office of Admiralty in the Counties of Tyrconell and Colerain Eighthly That no Flax Hemp Yarn or Raw Hides be transported from Derry or Colerain without Licence of the City-Officers Ninthly That their Land be freed from all Patents of Privilege and all Compositions and Taxes Tenthly That they have the Castle of Culmore keeping a Ward in it Eleventhly That the Liberties of each Town shall extend three Miles each way and shall have such farther Liberties as shall be thought fit on view of the Charters of London Cinque-Ports Newcastle and Dublin Lastly That the King shall keep necessary Forces a convenient time and that the City shall have Seven years to make demand of any thing reasonable and necessary which cannot be now foreseen and that an Act of Parliament shall pass to ratifie these Articles and the City to build sixty Houses in Derry and forty in Colerain with sufficient Fortifications by November next and to finish all by November 1611. But afterwards on the Twenty eighth of March 1611. the Londoners finding that they could not possibly accomplish their Undertaking within the appointed time petitioned the King that they might be permitted to proceed in their Buildings at Colerain and leave alone Derry till the next Year which was granted provided they would finish Colerain that Summer and fortifie or rather inclose Derry It seems the King and Council of England resolved to proceed effectually to the Reformation of Ireland by making Laws and by putting those that were made in execution and by putting that Kingdom under a regular and methodical Government and in order to it on the twenty fourth day of June 1611. the Lord Carew was sent Commissioner to Ireland to inspect Affairs there and to endeavor to lessen the Publick Charge and to inhance the King's Revenue and to provide for a Parliament He had Five Pounds a day allow'd him from the twentieth of May and Four hundred Pounds Imprest he received in England and was to sign next to the Deputy all Orders of Council-board And tho' the Lord Deputy complain'd that the Forts of Halbowling Castle-ni-park Duncannon Gallway and the Castle of Limrick were not finish'd and repair'd and that the Londoners did not proceed to build at Derry tho' they did at Colerain and that it was necessary to keep a considerable Force in the Kingdom nevertheless the Lord Carew and Council did proceed to lessen the King's Charge 13893 l. by reforming the Army which they reduc'd to 176 Horse 1450 Foot and 123 Warders contrary to the Deputy's Opinion who was therefore traduc'd as partial to Military Men and it seems that immediately the Fort of Castle-ni-park that is the Stone-work of it was built and afterwards a Blockhouse was also erected down lower and almost level with the Water and they also setled the Customs in all parts of the Realm On the thirteenth of July 161● the former Proclamation of the fourth of July 1605. against Titular Bishops Jesuits Friars c. was reviv'd but so faintly executed that I find mention only of the Titular Bishop of Down and four Friars to have been apprehended thereupon There were also Orders issued to tender the Oath of Supremacy to all Magistrates Justices of the Peace and other Officers and to displace those that would not take it And in August there was an Inquisition by Jury to discover the Breaches of Articles made by the Planters and Undertakers in Munster and particularly Whether any Irish contrary to the Plantation-Covenants were permitted to inhabit or dwell on the Lands granted to the Undertakers Moreover there was a general Muster of the Signiory-men or English Inhabitants on the Plantation-Lands at which no body was found so well supplied with British Tenants as Sir Richard Boyle afterwards Earl of Cork for there were mustered of his own Tenants at Tallow Eighty Horsemen One hundred eighty six Pikemen Two hundred and fifty Shot and Six Halberdiers It is observed That all the Goods and Merchandizes exported and imported this Year did not exceed the Value of 211000 l. and before this time there was so little Foreign-Trade that Seven Years Customs probably from the beginning of the King's Reign to April 1609. did amount to no more in the several Ports than as followeth viz.   l. s. d. Seven Years Customs in Wexford 36 08 10 Ross 53 10 09 Drogheda 215 02 08 Carigfergus 399 06 07 Youghall 70 00 00 Kingsale 18 02 03 Derry Ballyshanon 35 03 10 Cork 255 11 07 Dingle 01 06 06 Waterford 716 03 07 Dublin 1890 02 01 Dundalk 65 19 06 Gallway 72 17 06 Limrick 141 09 06 Dungarvan 00 13 11 But it seems that this was only the Custom of Prohibited Goods and the
Three pence per Pound for other Goods due by Common Law But the Irish were very uneasie at the Plantation of Ulster and therefore it was necessary to countenance and protect it with an extraordinary Militia in that Province to support the Charge of which the King 1611. on the 22th day of May instituted the Order of Baronets which was to be Hereditary and not to exceed the number of Two hundred and every of them upon passing the Patent was to pay into the Exchequer as much Money as would maintain Thirty Men in Ulster for Three Years at Eight pence a day But if the Reader desires to know more of this Order I must refer him to Selden's Titles of Honour pag 822. and 909. and The Present State of England pag. 289. and Sir Richard Baker's Chronicle ad Annum 1611. But there had not been a Parliament in Ireland for Seven and twenty Years past since the Twenty seventh Year of Queen Elizabeth's Reign so that it was high time to call one now and the Ministers of State were at work to manage that Matter to the advantage of his Majesty and the English Protestant Interest in that Kingdom which they foresaw would be oppos'd with might and main by all those of the Popish Party and therefore they propos'd that an Order should issue for every Parliament-man to take the Oath of Supremacy and that the Lords should declare their Suffrages openly Content or Not content as in England and not rise and whisper in the Lord Chancellor's Ear as was the Custom in Ireland and that the King should find some Pretence to send for some few of those Noblemen that would most briskly oppose his Intentions as Henry the Eighth had formerly done and particularly that the Lord Courcy might not be suffered to sit in the House because his Ancestors were called by Writ and so his Honour being in Fee-simple did descend to Daughters who were Heirs-general of his Family and that the Lord Shrewsbury's Titles of Honour in Ireland were not * Contra adjudg'd 4. Inst cap. Ireland forfeited by the Act of Absentees and therefore he might have a Voice in that Parliament or make his Proxy and that for the Credit of the Business the Lord Deputy might be Ennobled before the Parliament sat But some of these were not practicable and the rest not thought fit to be done at that time But I must not forget to take notice of a necessary Office in those days tho now it be obsolete viz. the Interpreter to the State which was enjoy'd by Thomas Cahill with an Annual Sallary of 26 l. 6 s. 8 d. In September the Lord Deputy published a Proclamation of the intended Parliament and thereby invited the Subjects to exhibit their Grievances and to consider of Proposals for the Publick Good to be past into Acts and he also signified his Majesty's gracious Intentions to erect some new Corporations for the better Encouragement of the Plantation of Ulster And it seems that the Government was thenceforward imploy'd about the Plantation of Ulster and the Preparation of Bills to be past in the approaching Parliament and in erecting of some new Corporations viz. Belfast Charlemont A●trim Bandon Cloghnikilty Tallow Newry Lifford Donegall Ballyshanon T●●am Eniskilling Traly Athy Bi r Kilmallock c. The Bills that were design'd to be made Acts of Parliament were 1. An Act to cut Paces and mend High-ways 2. To extinguish Uses and suppress fraudulent Conveyances 3. That Sale in Market overt should not alter Property of Stolen Goods 4. For the Enrolment of Deeds of Bargains and Sale and for Conveyance of Land 5. To try Accessories in Foreign Counties 6. To reduce Peremptory Challenges to Twenty 7. To enable Tenant in Tail to make Leases 8. To deprive some Criminals of Benefit of Clargy as in England 9. For making Linen Cloth sowing Hemp and Flax. 10. For Trial of Pyrates 11. To Re-edifie Cathedral Churches and to remove some of them to Gallway Dingle Carigfergus Newry Wexfo●d Cavan c. 12. To restrain Ecclesiastical Persons from Alienating c. 13. Against Pluralities Non-residence or Simony 14. Against Receivers and Harbourers of Jesuits Serminary Priests c. 15. And sending Children beyond Seas 16. Against Idle Holy-days 17. To expe● Monks Friar● Nuns c. 18. To give the King all Chantries and other Superstitious Uses 19. To establish the Compositions 20. For the Attainder of the Earls of Tyrone Tytconel and others 21. To revive and perpet●ate the Impost of Wines 22. To Naturalize Manufactures 23. To resume all Immunities to Corporations from Customs 24. That those Attainded of Treason in England shall forfeit their Estates in Ireland 25. An Act of Recognition 26. To abolish the Brehon Law and Tanistry and Irish Exactions 27. Artificers Apprentices to be Free-men in any Corporation 28. Against Idlers and Vagabonds 29. The Barony to answer the Stealth unless they can track it farther 30. That Bastards take the Name of the Mother and that it be Felony to lay it to any Man 31. No Man to keep a Woman as a Wi●● and turn her away at pleasure on pain of One Years Imprisonment And if any Authorized Priest do divorce it to be Felony 32. Against Usury above Ten per Cent. 33. To impower Judges of Assi●● to raise Taxes for Court-houses and Goals But in November 1612 1612. the Popish Lords dissatisfied with these Proceedings wrote a joynt Letter to the King complaining that the Bills to be passed in the next Parliament were not Communicated to them they also complained of the new Corporations and that the Oath of Supremacy was tendered to Magistrates and they insinuated the Danger of a general Revolt and concluded that if the Laws about Religion were repeal'd a firm and faithful Subjection would be established in their Minds and on the 17 th of May 1613. the Popish Lords did Petition the Lord Deputy to the effect aforesaid adding nevertheless some stubborn and unseemly Expressions and questioning the Kings Prerogative in erecting new Corporations or calling by Writ new Lords to Parliament and they affirmed some of the new Burroughs were unfit to be incorporated and they excepted against the Castle of Dublin for the place of Session and the rather because the Ammunition being there they might be in Danger of being blown up and they were troubled at the Lord Deputies Guard as that which they said was design'd to keep them in Awe and terrifie them into Compliance But these were but vain Pretences Lib. C. for they well enough knew that the Guard was but 100 Men as was usual and Customary and that it was impossible to blow up the Papists but that the Protestants also and perhaps the City of Dublin must have likewise been destroy'd on the contrary the Papists were so far from being afraid that they were very tumultuous and came to Dublin in vast numbers to frighten the Government The Lord Gormanstowne was amongst the most Seditious and unruly
even to intimate some Menaces of Rebellion and in a manner delineated and discrib'd how it would be Imanaged And the same day the Papists of the House of Commons did likewise write to the Lords of the Council in England about the new Corporations and the wrong done their Speaker Everard and they exaggerated their Complaints to that degree as if their Extremities and Sufferings were so strange and so intolerable that they wanted Words to express or Patience to bear them and they laid all the blame on the Principal Officers and Counsellors of State And on the twentieth of May the same Men petition'd the Lord Deputy to dispence with their Attendance in the House of Commons because they were afraid of their Lives and they desir'd he would shew them by what Authority those sat in the House that were now in possession of it and they demanded to have a sight of the King's Letters the Grants and Charters of the New Corporations and of the Returns of Elections And the next day being the 21th of May they petition'd the Lord Deputy again importing That if they might be secure of their Lives and have the Benefit of the Law and that the Returns may be rectified that then they would repair to the House and present the Speaker All which the Lord Deputy granted and promis'd and thinking that they sincerely meant as they spoke his Excellency went to the Upper House in expectation that they would joyn with the rest of the Lower House and attend him with the Speaker But in stead of that on the same day they petition'd again That the new Burgesses might be first excluded and not admitted into the House till their Case was debated and determin'd altho they well enough knew that what they propos'd was unpracticable until first a Speaker was setled But their Business was to baffle and avoid this Parliament if possible to effect which they little matter'd what vain Pretences they made use of And therefore tho the Lords had nothing to do with the Lower House yet to make a Clamour as if they had been wonderfully abus'd they also petition'd the Lord Deputy the same 21th of May to the effect aforesaid and in their Petition asserted That the Lord Deputy's Commission did not authorize him to make New Corporations and concluded with a Request to be excused from attending the Parliament and to have leave to wait on the King in England The Deputy told them That the Affairs of the Lower House did not concern them and therefore commanded them to attend their own House and to proceed in a Parliamentary way to the Business of the King and Kingdom But they persisted in their Obstinacy and on the 23th of May they sent him a Writing in the Form of a Petition whereby they positively refus'd to come to Parliament until the King should take some better order to settle Matters as to the Lower House for tho the Houses were distinct yet they made but One Body and were but One Parliament and they protested against all Laws that should be made in their absence and that if any be made the Subjects will reject them as disorderly and unjustly enacted● And this was followed with a Petition of the Commons on the 25th of May wherein in a very sawcy and undutiful manner they pressed the Lord Deputy for a sight of the King's Letters about the New Corporations and for their Charters and the Returns of all the Elections and for a Copy of his Commission to hold that Parliament and for License to send Agents to England to acquaint the King with their Complaints Nevertheless the Lord Deputy by Proclamation commanded them to their respective Parliament houses to pass the Act of Recognition of his Majesty's Title assuring them that no other Bill should be read that Session And he also sent a Messenger to every Lord particularly to Summon him to attend the House But the Commons were so far from complying that on the same day viz. the 26th of May. they presented him with a Petition Recognizing the King's Title but utterly refusing to sit in the House unless their Speaker Everard might be approved and the new Burgesses rejected And the next day the Lords did in like manner by Letter Recognize the King's Title but refus'd to come to their House until the Affairs of the Lower House were rectified and setled Nevertheless both the Popish Lords and Commons had such a great Attendance and there was so great a Concourse at Dublin from all parts of the Kingdom which probably did wait but for some Pretence to be in Action that the Government did not think fit to imprison any of the Mutineers but took a wiser Course by adjourning the Parliament that so his Majesty's Pleasure might be farther known The Recusants lost no time but sent over Agents to the King and levied a Tax upon the People to bear their Charges altho' the Deputy publish'd a Proclamation to prohibit any body to contribute to the Charge of the Agents or to levy any Tax for that purpose and assur'd the People that the Agents went over for their own private Business or Caprichio and not for the Publick Good Nevertheless it appears by the Examination of John O Drea and Donough O Drea Lib. T. T. 175. taken upon Oath before Sir Lawrence Parsons that the Tax levied by the Priests and Jesuits for these Agents was Two shillings of a Yeoman and Five shillings of a Gentleman and that the Lords Barry Roch and others carried Priests and other Firebrands of Sedition with them to the Parliament at Dublin to instruct them how to behave themselves there and that there was a Dispensation brought over from the Pope by Fryar Thomas Fitzgirald unto the whole Kingdom of Ireland or rather all the Papists in it authorizing them to forswear themselves in all Matters moved unto them by the Protestants provided they do it equivocally Ita quod interna ment● secus opinentur and that the Deponent saw and read it It seems that the King who was of a peaceable temper and to save Charges had improvidently reduced the Irish Army to Seventeen hundred thirty five Foot and Two hundred and twelve Horse was willing to end this Matter in the mildest manner he could and received the Irish Agents kindly and the better to inform himself in this Affair he sent for the Lord Deputy into England and order'd him to substitute Lords Justices Doctor THOMAS JONES Lord Chancellor Sir RICHARD WINGFIELD Marshal who were sworn the Fourth of March 1613. 1613. They had little to do in Ireland because by the Presence of the Lord Deputy and the Irish Agents in England that Kingdom was become the Scene of Irish Affairs which were so well managed by the Lord Deputy that the King was fully convinc'd of the Seditious Designs of the Irish and therefore on the 21th day of April at the Council-Tale at Whitehall he made the following Speech before the Irish
the Eighteenth of May there was an Order of Reference to him in the Controversie between the City of Dublin and the Merchants-Strangers from whom that City demanded Three pence per Pound Custom And on the Eighteenth of July he got an Order to the Lord Will●ot 〈…〉 General of the Army in Ireland to surrender that Office to him He had also the King's Letter of the Sixteenth of October to the Lords Justices That the Port-●orn and Tithes belonging to the Chief Governor should be given to his Servants And he also obtain'd his Majesty's Commission of the Seventeenth of October to levy what Forces he should think fit or find necessary and an Order of the same Date to be paid the Charge of such Journeys and Progresses as he should think fit to make And Matters being thus fitted to his mind THOMAS Viscount WENTWORTH was on the Twenty fifth day of July sworn Lord Deputy 1633. to whom the Bishop of Kilmore and two other Bishops and the Inhabitants of the County of Cavan sent a Petition Bishop Bedel's Life containing some Complaints against the Army and some Proposals for the Regulation of it which was very ill resented at that time and interpreted to be a Mutinous and Insolent Attempt and brought the Bishop of Kilmore who was supposed the Author and Promoter of it under his Excellency's Displeasure until that Prelate afterwards explain'd himself averring That he did not intend by lessening or discountenancing the Army to expose with the Publick Peace his own Neck to the Skeins of the Romish Cut-throats But the Contribution or Tax of 20000 l. per Annum to which the Country had consented for two Years was now almost expired so that it was necessary to call a Parliament wich met the Fourteenth day of July 1634. 1634. at Dublin and granted Six entire Subsidies but not without the opposition of some Papists one of which moved That the Matter concerning the Subsidies might be put off to another time and then be again considered of This Parliament also passed an Act for the Confirmation of Patents afterwards to be past on the * Dated 29 June 1634. Commission of Defective Titles and then was Prorogued to the Fourth day of November following At the same time there was also a Convocation of the Clergy and preparatory to it the Precedency of the Archbishop of Armagh before the Archbishop of Dublin was determin'd and setled by his Majesty's definitive Sentence And this Convocation to manifest their Agreement with the Church of England did receive the Thirty Nine ●●●●cles of that Church into the Confession of Faith of the Church 〈◊〉 Ireland nevertheless without a●rogating any of the Canons of the Convocation held Anno 1615. And a New Book of Canons for the most part agreeing with that of England was then compiled for the better Government of the Church of Ireland By vertue of these Six Subsidies which amounted to above 240000 l. and were payable Half-yearly the Lord Deputy was enabled to pay a Debt of 80000 l. due from the Crown and to support the Charge of the Kingdom without any Supply of Money from England This Lord Deputy had formerly obtain'd his Majesty's Order of the Sixteenth of January 1633. for the free transportation of so many Horses and Mares out of England as he the Lord Deputy should give Licence for by which means he changed Five hundred Foot of the Army for Six hundred Horse which were extraordinary good ones his own Stables exceeding that of any former Governors And indeed generally the whole Army was neither so well paid nor so well disciplin'd in any other time as it was in his On the Twenty fourth of September 1634. the King reciting That King James had by his Commission of the Tenth of August 1603. renewed or revived the Court of Castle-chamber as himself likewise had done by his Commission of 5 October 1625. and that now some Disputes are arisen whether that Court can sit out of Term or more than twice a Week His Majesty Orders That it it may sit when and as often as the Commissioners please and that a new Commission issue to that Purpose And about this time Emerus Mac Mahon afterwards Titular Bishop of Clogher discovered to Sir George Ratcliff a Plot for a general Insurrection in Ireland and Confess'd that himself had been imploy'd for some years in foreign Courts to solicite Aid to carry on a Rebellion which it seems they thought fit to adjourn to a more proper Season But on the 14th of November the Parliament met according to the Prorogation and sate till the 14th of December and were then Prorogu'd to the 26th of January from which time they sate till the 21st day of March and then it was again Prorogu'd to the 24th day of the same Month and sate from thence to its Dissolution which was on the 18th day of April 1635. I need not mention the Acts made in these several Sessions of Parliament because they are many and are to be found at large in the Printed Book of Statutes it is enough to say That they cull'd out all the choice Statutes that were made in England since the 20th of Henry the 8th that were proper for the Kingdom of Ireland and added to them some good new Laws that were peculiar to that Countrey The Parliament being thus ended and closed with an Act of Indemnity the Lord Deputy and Council made a Progress into Conaught to inquire into his Majesties Title to several Lands in that Province and on the 11th of July at Abby-boyle to still the Jealousies and Alarms the People were under at this great Inquisition they published an Act of Council 1635. That it was not his Majesties intention to take any thing from his People that was justly theirs and therefore that those who had effectual Letters Patents should have the full benefit of them as if they were found Verbatim in the great Office then to be taken provided the Patents or the Enrolment thereof were shewn to the Council-board before Easter Term next and by it approved to be good and effectual in Law and the like was done in other Counties of Conaught and so this great Inquisition which was one of the Spring-heads and Fountains of the succeeding Rebellion was with great Diligence and Success carried on and effected and the Kings Title was found to most part of that Province and a noble English Plantation was design'd Whereupon the Patentees and particularly the Lord Dillon of Costilo produced their Patents to the Council-board and it appearing those Patents were Granted by Virtue of a Commission 4 Jac. 1. wherein there was no direction about the Tenure it grew to be a Question whether the Patents to hold by Knights Service as of the Castle of Dublin were warranted by that Commission or valid in Law and after much debate it was solemnly adjudg'd That those Patents were void And this Case is well known to the Lawyers by the
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
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 ● 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
and the Measures of the Rebellion were concerted and setled there tho it seems by the Lord Macguir's Examination that the Day was appointed at Loghross But as the Lords Justices and Council in their Letter express it none of the former Rebellions could parallel this either in the dangerous Original the unexampled Cruelty and extreme Hatred to the British Nation in the barbarous Progress or in the terrible Consequences aimed at therein being no less than to wrest from His Majesty His Scepter and Sovereignty to destroy and root out the British and Protestants and every Species of English out of the Kingdom to suppress God's Truth and set up Idolatry in the stead of it and finally to Invade the Realm of England And in another Letter they affirm That the barbarous and execrable Cruelty of the Irish exceeded any that ever was exercis'd by Turks or Infldels against Christians And even the Earl of Castlehaven Memoirs 25. P. W. Remonstrance 594. tho' a Papist and Peter Walsh tho' a Franciscan Friar do confess That the barbarous Design of this bloody Conspiracy was no less than to extirpate the Protestants and totally to root them out of that Kingdom And they intended to effect this by the most inhuman Methods Declaration of Parliament 21. viz. a General Massacre and Universal Plundring Nor did they come much short of attaining their End Dr. Maxwell's Examination for in the first Three Months of this Rebellion they murdered and otherwise destroyed One hundred fifty four thousand Protestants Lord Justices Letter of 16 March 42. Men Women and Children as the Priests themselves computed it and as one of their own Writers by way of ostentation hath published Bishop Bedell's Life 179. And without doubt Temple 16. no Nation can parallel the horrid Cruelties and abominable Murders without Number or Mercy committed on the British throughout the Land without distinction of Quality Sex or Age Memoirs Epist 1. and certainly it was bad enough when the Earl of Castlehaven himself confesseth That all the Water in the Sea cannot wash away the Guilt of the Rebels the Rebellion being begun most bloodily in a Time of Peace and without Occasion given They destroyed the Soul as well as the Body forcing many weak Christians to turn Papists and then murder'd them whilst they were in the Right Faith See Append. 10. as they said And the cruel Manner of their Torturing the English was more detestable than the Murder it self some being starved till they eat Pieces of their own Flesh broil'd upon Coals and others were used worse At Kilkenny the Lord Mountgarret and the Mayor and Aldermen and Three hundred Citizens in Arms stood by whilst the Protestants were plundered in that City Lord Justices Letter of 14 December And at Longford when the Castle was surrendred upon Quarter the Priest with his Skein in his Hand watched at the Gate till the Minister came forth and then stabbed him into the Guts and ripped up his Belly which Signal was observed by the rest who in like manner murdered all the English of that Garison Men and Women were stript stark naked and in that bitter Winter exposed to the Extremities of Hunger and Cold whereof many thousands died Sucking Children were haled from their Mothers Breasts Remonstrance of Dr. Jones pag. 8 9. and one of them was murdered whilst it was sucking its deceased Mother Nor were Women in Labor used any better One was delivered upon the Gallows another ript up and two Children she went with taken out of her Belly and thrown to the Swine who eat them Burlace 72. and a third the Wife of Mr. Oliphant a Minister being delivered on her Journey in the High-way was nevertheless forced to trot on and draw after her the Child and the Concomitants of so sad an Accident until she died But it would be endless to recount all the Instances of their wanton Cruelty and impossible to frame an Idea in the Mind of the Reader as horrid as their Actions Dr. Maxwell's Examination Appendix 10. which were rendred the more inhuman by the Mirth and Sport they made at the unspeakable Torments and Sufferings of the English And lest some amongst them should have more Bowels of Compassion than the rest Lord Justices and Councils Letter 22 November the Confederates did prohibit to harbour or relieve any Protestant on pain of Death and declared they would not lay down Arms whilst there was the Seed of an Englishman in Ireland And to leave no room for Reconcilation they put to death in Ulster a Messenger sent to them by the State The Motives to this Conspiracy were First The happy Conjuncture for such a Design whilst England and Scotland were embroil'd Secondly The Example of the Scots who had reaped Advantage by their Mutiny and the Irish expected as much at least And Thirdly The Number of able Men ready to enter into this Rebellion which they computed to be Two hundred thousand or more But the Pretences for this Rebellion were exceeding weak and such as manifest that they will rise as often as they get opportunity and in effect do upbraid the English with Stupidity that after so much Experience they should suffer them to be in a Condition to Rebel any more Memoirs 9. and they are briefly these 1. That the Irish were looked upon as a Conquered Nation 2. That the Six Counties in Ulster escheated to the King were disposed for the most part to British 3. That there was a Rumour that Seven Counties more would be seised by the King 4. That the Popish Religion was persecuted in England and they were afraid would be so in Ireland Thus Rumors and Fears tho' without Cause are by the Popish Advocates thought sufficent Justifications of an Irish Rebellion and the Author of the Bleeding Iphigenia assures us Pag. 23. That this War is justified by a Learned Pen and he wonders it should be called a Rebellion as if says he our taking up Arms for our necessary Defence of Lives and Religion against the Protestants our Fellow-Subjects were a Rebellion He argues from the Principle of Self-preservation and the Law in the Case of Homicide se defendendo That it is lawful to make War for Defence of Life or Estate and à fortiori for Religion and concludes That it may be done to prevent a Danger that is foreseen i. e. rumoured or feared And that was the Case of the Papists says he they were necessarily to be destroyed by the Presbyterians and therefore they did wisely to begin first But whoever considers the three Antipathies of Nation Interest and Religion already mentioned will easily find that the true Design of this Universal Rebellion was 1. To destroy the English 2. To regain their Estates And 3. To establish Popery And all other Pretences are without Foundation and vain This horrid Conspiracy was on the Twenty second of October discovered to the Lord Justice
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
thousand did again besiege it and tho' Captain Vaughan with One hundred Foot and Fifty Horse did kill Forty of the Enemy and raise the Siege yet the Place being so remote could not at all times be relieved and therefore by Order of Council was demolished But the Parliament of England were desirous to manage the War of Ireland by a Committee at least till the Lord Lieutenant should go over but the King opposed that as needless because the Lord Lieutenant was just then ready for the Voyage But whether it was thought that he would not be propitious to the Cessation and Peace with the Irish which were then in design or for what other Reasons he was delay'd it is hard to determine but this is certain That tho' he was always going yet he never went And indeed the Differences between the King and the Parliament were grown to that heighth that each Side prepared for War and at length it came to a Battel at Edge-hill that very day Twelve-month on which the Irish Rebellion broke out viz. 23 October 1642. And in this Fight the Loss seem'd equal and each Party boasted of the Victory whilst both of them were thereby hindred from sending necessary Relief to Ireland and so the unfortunate English suffered every where and were destroy'd by one another in the Civil War in England and by the Common Enemy in that of Ireland However the Parliament did not totally neglect Ireland but on the Fourteenth of October sent over Mr. Robert Godwin and Mr. Robert Reynolds Husbands's Collections 2 part 249. Two Parliament-men and one Captain Tucker from the City of London to inquire into the Condition of the Army and the State of the Kingdom and to see how their Money was disposed of They brought with them Twenty thousand Pounds in Money and some Ammunition and arrived safe on the Twenty ninth of October and on the Second of November presented themselves to the State and being received with Respect were placed on a Form behind the Council and sate covered They did good Service in Ireland and particularly gave great satisfaction to the Army that Care was taken for Pay and Supplies They also made a Book which contained a Subscription of most of the Officers in the Army to take Debentures on the Forfeited Lands for a certain Proportion of their Pay as believing they would fight the better and end the War the sooner if they were interested in the Fruits of the Victory as well as in the Quarrel But the King disliked that Course because it might take up so much of the Rebels Lands that would hinder all Hopes of a peace with them which His Majesty began to have some Hopes of and therefore several Officers well enough inclined to the Proposal omitted to subscribe and some that had subscribed desired to retract So that at length these Commissioners were so sharply threatned that they delivered up the Book to be cancelled Nevertheless they promoted the March of the Army to enlarge their Quarters which afterwards produced the Battel of Ross but some of the Cavalier-party looking upon these Commissioners as Spies procured a Reprimand to the Lords Justices for suffering them to sit covered in the Council-chamber and the King 's positive Orders for their Return which was performed the Twenty seventh of February to the very great prejudice of the Affairs of Ireland and to the great disgust of the Parliament of England In the mean time the Irish under their General Preston had besieged Ballynakill and Colonel Monk with Six hundred Foot and Two Troops of Horse was sent to relieve it He marched out of Dublin the Fifth day of December and upon his approach the Enemy withdrew from the Siege and politickly marched to a Place of Advantage between the English Army and Dublin Battel of Tymachoo to intercept them in their Return But the Rebels had not so much Courage as Cunning for tho' they were Fourteen hundred Foot and Three hundred Horse yet upon the loss of about Threescore that were slain upon the first Volley they basely ran away and left the Road open for Monk to march to Dublin In like manner Sir Richard Greenvill with Two hundred Horse and One thousand Foot on the Twentieth of January marched to raise the Siege of Athloan and carry Supplies to that Garison both which he effected but in his Return he was encountred by Three thousand four hundred Foot Battel of Raconell and Six Troops of Horse at Raconell in a place of great disadvantage to him Nevertheless he had the good fortune to defeat the Rebels with the slaughter of Two hundred and fifty of their Men and to take the General Preston's eldest Son and some other Prisoners But that which rendred this Victory the more valuable was an ancient Prophecy That whoever won the Battel of Raconell should gain all Ireland therefore this Victory troubled and discouraged the Superstitious Irish exceedingly But we must return to the Lords Justices who in November 1642. transmitted to His Majesty a Petition from the Confederates by the Name of The Roman Catholicks of Ireland desiring His Majesty to appoint Commissioners to hear their Grievances And accordingly a Commission was brought over by Thomas Burk one of the first Rebels and by him confidently delivered at the Council-Board to the admiration of the State It impowered the Marquis of Ormond the Earls of Clanrickard and Roscomon Sir Maurice Eustace and others to hear and report their Complaints and in order to it the Three last went to Trim where the Lord Gormanstown Sir Lucas Dillon Sir Robert Talbot and John Walsh the Confederates Agents on the Seventeenth of March 1642. presented a Remonstrance of Grievances which one truly calls an Infamous Pamphlet and contains so much false Reasoning and Arguments ex post facto and downright Untruths as clearly manifests That the Irish first resolved to rebel and then set their Lawyers and Divines on work to fish for Arguments to justifie or at least excuse it But there was an Answer printed 1644. entitled An Answer to the false and scandalous Remonstrance of the inhuman and bloody Rebels of Ireland which sufficiently confuted all their vain Pretences and both of them being essentially necessary to this History are in substance added Appendix 5 6. But this Remonstrance met with better Fortune in the Irish Parliament which sat the Ninth of April for the English were then unluckily dividing into the Factions of Protestant and Puritan and some of the former very unwisely to back their Arguments against that Remonstrance compared it with the Scots Covenant which engendred such Heats in the House that the Parliament was prorogued to the Sixth of May 1643. However the Protestant Army did not neglect to sollicit their Affairs in England but by their Agents Sir James Mongomery Sir Hardress Waller Colonel Hill and Colonel Mervin they Addressed first to the Parliament to whom the King had committed the Care of Ireland and afterwards
Fernes to be one of their Commissioners which Ormond would by no means admit of the Disputes about this and other Preliminaries delayed the Treaty until the 6th of September at which time the Lord Chancellor who was Chief of the Commissioners for the King averr'd before the Confederate Commissioners That to that day no body had lost one drop of Blood upon the Statute of 2. Eliz. c. 1. which nevertheless was so much complained against however the Confederates notwithstanding the fair Promises their Agents had made at Oxford insisted stifly on the Repeal of part of that Statute and on several unreasonable Demands whereupon the Treaty was adjourned until the King's Pleasure should be known in the Particulars wherewith Ormond had acquainted him Hereupon the King who had promised Archbishop Usher at Oxford Bishop Vsher's Life 64. That he would not give Toleration to the Papists writes back to Ormond That he approves his Answers to the Rebels Proposals Febr. 16. 1644. and orders him to insist on them but if the Irish will not be perswaded to Moderation then rather to yield to Terms remitting much of what his Dignity and Interest would insist on at other Times and Circumstances than enter into a new War however not to consent to a Repeal of Poyning's Act unless in case of absolute necessity and by no means to admit of the Repeal of the Penal Laws against Recusants because that might endanger his Protestant Subjects for whose Preservation he makes the Peace since he is not able to carry on the War And about the same time His Majesty sent Orders to pass Pardons to all his Councellors and Servants Toties quoties as the Lord Lieutenant and Council shall think fit and to make the Lord Chancellor Baron of Bolton to him and his Heirs Males and that the Lord Lieutenant should make any two Lords he thought fit to be Earls and so the year 1644 was closed with an Adjournment of the Treaty of Peace to the 10th of May following But it is necessary to inspect the condition of the other Provinces and how they were manag'd since the Cessation and first let us cast our Eye on Munster which we shall find discontented at the Cessation but much more troubled at the many and daily Infractions of it by the Confederates whereof the Reader may find some Instances in the Lord of Insiquin's Complaint to the State hereafter mentioned in Appendix 17 and many more might be she 〈…〉 ●f it were needful Moreover the Protestants were daily alarm'd wi●●●ots and Contrivances against them but with none more than with a Conspiracy of Fryer Mathews Lord Orrery M. S. and some others to betray the City of Cork into the hands of the Confederates for which some of the Conspirators were Executed one of which confessed the Design whereupon the English were dissatisfied to the highest degree and importunately urged the Lord of Insiquin to disclaim the Cessation which was a Snare to them and exposed them to the Plots and Insolencies of the Rebels whilst themselves were fettered by it from taking Revenge and it happened luckily that this Lord returned dissatisfied from England because the Presidency of Munster which he expected and highly deserved was predisposed of to the Earl of Portland and by his discontent was rendered the more susceptible of those Impressions which the just Complaints of the Protestants of his Province did afterwards make upon him and therefore he did on the 18th day of July by an ingenious Artifice get the Irish out of Cork and kept them so and the next day * * Insiquin Brog-hill Sir W. Fenton Sir P. Smith Col. B●ocket Colonel Searl Major Muschamp he and other Principal Officers of his Army wrote to His Majesty That no Peace could be concluded with the Irish Rebels which would not bring unto His Majesty and to the English in general a far greater Prejudice than the shew of a Peace there would bring them Advantage c. And thereupon besought him that he would not so much regard so inconsiderable a handful of People as they were as to purchase but a seeming Security by leaving thereby the Protestant Religion in all likelihood to be extirpated and His Majesty obnoxious to the loss of that Kingdom Further beseeching His Majesty That he would be pleased to proclaim again the Irish to be Rebels and not to Pardon those who have committed so many barbarous Crimes that they are as far above Description as they are short of Honesty the Irish professing They had His Majesty's Commission for what they did The true sense of which devilish Aspersion cast upon His Majesty with other Reasons made them resolve to dye a thousand Deaths rather than condescend to any Peace referring themselves in other things to their Declaration And besides this Letter they issued a Declaration to be sent to both Houses of Parliament and to be made publick which is worthy perusal and therefore is added to Appendix 25. The Revolt of the English Forces in Munster occasioned some Expostulations between Ormond and Insiquin but without effect for the later was resolved not to hazard himself and his Friends by a readmission of the Secluded Citizens of Cork which the Parliament having notice of and being desirous to Encourage and Reward his Steadiness and Zeal for the English Interest made him Lord President of that Province Nevertheless the Parliament not being in a condition to furnish Insiquin with Supplies little or nothing was done this year on the contrary the Irish and he agreed to a new Temporary Cessation because the English were weak and the Irish desired to preserve the Baronies of Imokilly and Barrymore from Contribution and so it continued until the Earl of Castlehaven renewed the War early in the Spring and in the mean time the strong Fort of Duncannon which had never submitted to the Cessation was surrendered to General Preston on the 6th of March for want of Provision whilst Sir Arthur Loftus though he got within the Harbor was by a Storm which lasted ten days hindered from putting Supplies into the place which therefore he carried to Cork But because the Irish do deny that there was any design to betray Cork and that it may appear that it was designed more than once I have thought it necessary to add an Extract out of Sir Richard Gething's Dispatch to Secretary Lane and to subjoyn a certain Letter whereof I have seen the Original Jan. 2. 1644. Sir Richard Gething writes That one Colonel Croning sent to Major Muschamp to give him a Meeting which done after some wise Preparatives exhorting him to be faithful and loyal to his Majesty c. He pretended to open him a way to great Preferment and Muschamp asking him how the other replyed By delivering up the Fort of Cork as the Lord Lieutenant should direct Muschamp answered That he desired no easier Step to Preferment than the Observance of the Lord of Ormond ' s Directions Then
it to a General Assembly to be immediately called To this Declaration and these Propositions the Supreme Council on the 10th of September returned the following Answer viz. To the First That they will Print and Publish Glamorgan's Articles and insist on them as being Obligatory to the King and get them confirmed next Parliament and no interruption shall be given them in the mean time That the Repeal of the Penal Laws was purposely omitted in the Peace as being less than Glamorgan's Concessions and therefore might derogate from them and the Suspension of Poyning's Act was by unanimous Consent omitted for saving of Time To the Second That they shall be sufficiently provided for To the Third No constant Garisons shall be put into Corporations c. nor Levies made but for Publick Service and proportionably to the rest of the Country and some of the Members of the Corporation shall be privy thereunto To the Fourth 'T is implyed else how can they be for the use of the Catholick Youth if the Discipline be not Catholick To the Fifth It is done already and if not shall be taken care of And you shall have Security to have the Penal Laws repealed the next Parliament and shall not be molested in your Religion or Ecclesiastical Possessions till then This Answer so baffled the Congregation that all the Reply they could make was That the Lord Lieutenant was gone out of their Quarters and that the Supreme Council being part of the Confederate Body could be no Security to the rest for what they promised and that the Peace being once rejected could not be reassumed or revived but by a General Assembly And to manifest that they were in earnest they had prevailed with the Bishop of Ossory long before this to Publish a very extraordinary Instrument in form following WHEREAS We have in publick and private Meetings at several times declared to the Supreme Council and others whom it may concern That it was and is unlawful and against Conscience the implying Perjury as it hath been defined by the Special Act of the Convocation at Waterford to both Commonwealths Spiritual and Temporal to do or concur to any Act ●ending to the Approbation or countenancing the Publication of this unlawful and mischievous Peace so dangerous as it is now Articled to both Commonwealths Spiritual and Temporal And whereas notwithstanding our Declaration yea the Declaration of the whole Clergy of the Kingdom to the contrary the Supreme Council and the Commissioners have actually proceeded to the Publilication yea and forcing it upon the City by Terror and Threats rather than by any free Consent or Desire of the People We having duly considered and taken it to heart as it becometh us how enormous this Fact is and appears in Catholicks even against God himself and what a publick Contempt of the Holy Church it appeareth beside the Evil it is like to draw upon this poor Kingdom after a mature Deliberation and Consent of our Clergy in detestation of this heinous and scandalous Disobedience of the Supreme Council and others who have adhered to them in matters of Conscience to the Holy Church and in hatred of so hurtful and abominable an Act do by these Presents according to the prescription of the Sacred Canons Pronounce and Command henceforth a General Cessation of Divine Offices throughout all the City and Suburbs of Kilkenny in all Churches Monasteries and Houses in them whatsoever Given at Our Palace of Nova Curia the 18th of August 1646. David Ossoriensis The Peace being thus rejected the Nuncio like a true Son of Thunder prepares for War and in order to it he borrowed a good Sum of of Money from the Spanish Agent Don Diego de la Torres and he recalled Preston out of Conaught and ordered Owen Roe to intercept the Lord Lieutenant in his return to Dublin In the mean time the Marquis of Ormond who did not suspect that there could be so much Perfidiousness and Treachery amongst Christians went forward from Kilkenny to Carrick and so to Clonmell and though he was denyed entrance into that Town and had notice that Colonel Peirce Butler alias Mac Thomas from whom he expected better things was ready with 500 Horse to disturb his March nevertheless he went towards Cashell but the Mayor of that place sent him word That Owen Roe had threatned that City with utter Destruction if they should Receive or Entertain his Excellency and at the same time he had from the Lord Dil●on of Costilo full information of the whole Design to intercept him and thereupon he marched that night to Calan and the next day to Loghlinbridge before Owen Roe who was within 6 miles of Kilkenny could overtake him and so he got● safely to Dublin where he was received with all that Joy which Friends usually express at the arrival of those they gave for lost From Calan his Excellency sent the Lord Digby to Kilkenny to acquaint the Supreme Council with his Return and the Reasons of it and to stay Leiger with them and he also sent some of his Servants for some Necessaries he had left at his own house in Kilkenny but when they came there they found this Inconstant City which few days before had received the Lord Lieutenant with Acclamations of Joy pulling down the Monuments of his Entertainment viz. the Devices on the Gates and Market cross and other Matters of Pageantry and expressing so much Passion and Malice against him that most of his Servants were forced to withdraw and those few that staid were oblig'd to remain incognito However the Supreme Council ordered Sir Lucas Dillon and Doctor Fennell by Letters to assure his Excellency That notwithstanding what had hapned there should be no farther Hostilities us'd whereof Ormond took hold and desir'd them to ascertain a competent Time of Cessation that they might come to a right Understanding Whereunto they made no Reply but in stead of that Ormond had certain Advice from other Hands That Owen Roe had fallen into the Queens County with great violence and had taken several Castles from the King's Party and destroy'd all that oppos'd him and particularly that his Soldiers had in Cold Blood murdered Major Piggot and Fifty others at Disert to whom they had promised Quarter And about the same time the Castle of Athlone was surprized by George Dillon a Friar Uncle to the Lord President and that Place being the Key and principal Fortress of Conaught was a great accession of Strength to the Confederate Party And so the Triumphant Nuncio not doubting but that all was his own came in State to Kilkenny where he caused all the Supreme Council except Plunket and Darcy to be imprison'd and immediately he instituted a new Supreme Council of his own Creatures who to requite his Kindness did in effect commit to him the entire and absolute Power of Governing and Commanding as he pleas'd as well in Temporal as Ecclesiastical Matters But that which was most strange in this
stupendious Revolution was That General Preston and his Army being mostly of the Pale and in whom English Blood and Honor should have had more prevalence than to suffer them to be guilty of so manifest and perfidious Violation of a Peace so lately made with their own King should be persuaded to joyn with Owen Roe and the Ulster Irish in so ill a Cause and even against his Interest and yet it is certain that they were tainted so early that tho' Owen Roe march'd through their Quarters to intercept Ormond yet none of them sent him the least notice and when the Marquis sent to Preston to come to him to consult about those Affairs Preston excused it with a Pretence of Sickness Nevertheless the Nuncio would not trust him until he had tied him by an Engagement to oblige his Honor and an Oath to bind his Conscience both which are recited Appendix 32. And upon the noise of Preston's Defection the Lord Lieutenant sent him an Expostulatory Letter to which he return'd the following Canting Answer May it please your Excellency IN Answer to Yours of the Eighth of this Instant I return That finding the Peace that was Concluded and Published destructive to my Religion and Liberty of the Nation to the Maintenance of which together with His Majesty's Just Prerogatives I had formerly sworn and associated my self I called together my Regiments and issued new Commissions for reinforcing of my Army my Intention being therein no other tha● complying with my former Resolution and Engagement which I desire may be accorded with Assurance whereby we may be the better enabled to comply with His Majesty's Necessities in serving Him Which is the only Ambition of My Lord Your Lordships most humble Servant T. PRESTON Kilka 10 October 1646. But let us return to the Nuncio who by the Artifice and Industry of the Popish Clergy was become the Generalissimo of Two Armies which being united made up 16000 Foot and 1600 Horse with which he marched towards Dublin and was so confident to take it by a General Assault at his first Approach and express'd it with such Arguments of Probability that it was generally believ'd in his Camp so that Colonel Fitz-Williams pretending Kindness to Ormond did by his Letter of the 22th of September give him notice of the Danger and advis'd him to prevent it by confirming Glamorgan's Concessions and concludes That then Preston will live and die for His Majesty And to this Advertisement the Marquis on the 26th of September return'd the following Answer SIR IF I could have assured the Clergy my Lord of Glamorgan's Conditions I had not retired hither they are Things I have nothing to do with nor will have If they be valid in themselves they need no Corroboration if invalid I have no Power to give them Strength I cannot believe General Preston so regardless of his Honor as to appear in a way of Hostility before Dublin which were in the highest degree to violate the Loyalty he professeth the many Assurances given me by himself and in his behalf by others and above all the Honor of his Profession But if all that can be called Faith between King and Subject and betwixt Man and Man shall be so infamously laid aside together with all hope of Reconciliation Nature will teach us to make the best Resistance we can and God the sure Punisher of Treachery and Disloyalty at last will bless our Endeavors with Success or our Sufferings with Patience and Honor. Your Servant ORMOND But we must leave this mighty Army on their March and visit the Marquis of Ormond who was so enraged at this unexcusable Perfidy of the Confederates that he resolved to think no more of Treating with them but on the contrary prepared for the utmost Resistance And he was likewise very much confirmed in those Resolutions by the Opinion of the Lord Digby whom he had left Resident at Kilkenny and who in his Letter of the 24th of September hath this Passage My Lord there is no dealing with this People but by Force You see by the short Letter how they forge large Offers and improve others for their Ends. Hereupon Resolutions were unanimously taken in Council to Address to the Parliamet for Succors as shall be hereafter related at large in its proper place And the Lord Lieutenant and Council did write to the King ☞ That the Irish having perfidiously violated the Peace had begun a new War to wrest the Kingdom from His Majesty and transfer it to the King of Spain or the Pope to avoid which they were forced to apply themselves to the Parliament And the same day they wrote to the Lord Mayor and City of London for Assistance and assur'd them that the City Debts seiz'd in the beginning of the War were but borrow'd in extremity and that an exact Account are kept of them and they will be justly repaid by the King in due time And hereupon the Captain of the Parliaments Ship that carried the Commissioners over furnish'd the Lord Lieutenant with Thirty Barrels of Powder There was nothing more could be done for the Preservation of Dublin but to invite the Parliament Forces of Ulster to its Assistance which was not neglected and many of them were passionately inclin'd to the Service as knowing that the whole Kingdom would suffer very much in the Loss of that City But the Chief Commanders and the Parliament Commissioners would not consent unless Tredagh might be put into their Hands To which Ormond replied That he was in Treaty with the Parliament and therefore could not part with Tredagh till that were finished but desires them to reinforce his Garisons or divert the Common Enemy by taking the Field However the Irish were afraid of this Conjunction and therefore Owen Roe from Athy on the Ninth of October invited the Lord Lieutenant thither to treat with the Nuncio but Ormond knew there was no good Musick to be made upon that String and therefore the next day from Trim he return'd an Expostulation Why they were in Arms and desired them to restore Athlone and Athy To which Owen Roe replied the same day from Kilka That those Garisons are in surer Hands for the King now than they were in before whilst they were kept by Men inclined to the Parliament But tho this Irish General was so high being the Favorite of the Nuncio and his Party yet General Preston was not so but foreseeing the Fate and Scandal of the perfidious Breach of the Peace both he and his Army were somewhat cold in the Affair Besides this there was a National Emulation between the Two Armies O Neal's being Old Irish as the others was of the Old English and this was increas'd by the Insolence of the former and the Envy of the latter For Owen Roe and his Party who had been lately Victorious at Bemburb and had never submitted to the Peace because the Nuucio did reject it thought themselves justly entitled to the Reputation of
being the better Soldiers and the better Catholicks Whilst the other being the Civiliz'd Inhabitants of the Pale look'd upon the Northern Army as a sort of Barbarians And therefore the Lord Digby writes thus to the Lord Lieutenant from Grangemelan 13 October All here of the Nuncio and O Neal ' s Parties is the height of Insolency and Villanies O Neal ' s and Preston ' s Armies hate one another more than the English hates either of them O Neal has Eight thousand Foot whereof Five thousand well Armed and Eight hundred Horse the worst in the World he designs on Naas Matters standing thus General Preston On the Nineteenth of October made some Proposals to the Lord Digby to which he return'd this Answer by Sir Nicholas White That if Preston would submit to the Peace the Lord Lieutenant would break off the other Treaty but cannot do it after the Provisions and Country are destroy'd because then he will be tied by the Teeth to the Parliament on whom he must depend for Bread That he shall have reasonable Security of Religion but must decline the extravagant Expectations of the Nuncio That they shall have the Penal Laws repeal'd and not be disturb'd in the Possession of the Churches they now have until His Majesty's Pleasure cut of Restraint be known And for security hereof they shall have the Engagement of the Queen the Prince of Wales of the Crown of France and of the Marquis of Clanrickard and that Preston shall have a considerable Command and so shall as many of Owen Roe's Officers as will comply But an Answer must be sent before the Lord Lieutenant be necessitated to destroy his own Quarters And this General Preston did also send Sir James Dillon to offer the Command of his Army to the Lord of Clanrickard and that they would submit to the Peace if they might be secur'd in their Religion But as Clanrickard would not meddle without Ormond's Consent so Ormond began to be shie of Preston and not to regard what he said because he had promis'd him not to shoot a Gun at any English Garison and yet he did now assault and take Castlejordan which breach of his private Promise more sullied his Reputation with Ormond than did his Contravention of the General Peace Moreover whilst they pretended fairly and talk'd of Peace they nevertheless march'd on and destroy'd the English Quarters and therefore when the Lord T●●f on the 23th of October sent a healing Message to the Lord Lieutenant in behalf of Preston and in order to revive the Peace he smartly answered That now they had destroyed his Quarters and taken several of His Majesty's Castles and murdered His Subjects without any cause of Complaint they begin to talk and but to talk of Accommodation And when Preston replied That the Peace was disadvantagious to the Catholicks and was therefore rejected the Marquis answered That Oaths are not necessary to bind one to his Benefit and therefore are useful only when they oblige to Disadvantage and if they may for that Reason be violated all Faith amongst Men is destroy'd Whereupon on the Thirtieth of October Preston writes That he will send the Lord Lieutenant Propositions in two or three days which accordinly were sent on the Second day of November and were signed by both the Generals together with a Letter as followeth viz. May it please your Excellency BY the Command of the Confederate Catholicks of this Kingdom who offer the inclosed Propositions we have under our Leading Two Armies Our Thoughts are best to our Religion King and Country our Ends to establish the First and make the Two following secure and happy It is the great part of our Care and Desires to purchase your Excellency to the effecting of so blessed a Work We do not desire the effusion of Blood and to that purpose the inclosed Propositions are sent from us We pray to God your Consideration of them may prove fruitful We are commanded to pray your Excellency to render an Answer to them by Two of the Clock in the Afternoon on Thursday next be it War or Peace We shall endeavor in our Ways to exercise Faith and Honor and upon this Thought we rest Your Excellencies most humble Servants T. PRESTON OWEN O NEILE 1. That the Exercise of the Romish Religion be in Dublin Tredagh and all the Kingdoms of Ireland as free and as publick as it is now in Paris in France or Bruxels in the Low-Countries 2. That the Council of State called ordinarily the Council-Table be of Members true and faithful to His Majesty and such of which there may be no fear or suspicion of going to the Parliament Party 3. That Dublin Tredagh Trim Newry Carlingford and all Garisons within the Protestant Quarters ☞ be Garison'd by Confederate Catholicks to maintain and keep the said Cities and Places for the use of our Sovereign Lord King Charles and his Lawful Successors for the Defence of this Kingdom of Ireland 4. That the present Council of the Confederates shall Swear truly and faithfully to keep and maintain for the use of His Majesty and His Lawful Successors and for the Defence of the said Kingdom of Ireland the above Cities of Dublin and Tredagh and all other Forts Places and Castles as above 5. That the said Council and all General Officers and Soldiers whatsoever do Swear and Protest to fight by Sea and Land against the Parliamentarians and all the Kings Enemies And that they will never come to any Convention Agreement or Article with the said Parliamentarians or any the Kings Enemies to the prejudice of His Majesties Rights or of this Kingdom of Ireland 6. That according to Our Oath of Association We will to the best of Our Power and Cunning defend the Fundamental Laws of this Kingdom the Kings Rights the Lives and Fortunes of the Subjects His Excellency is prayed to make Answer to the above Propositions at furthest by Two of the Clock in the Afternoon on Thursday next But it seems that these Proposals were thought so insolent and unreasonable that it was not fit to Countenance them with an Answer In the mean time the Lord Lieutenant had sent to the Lord Clanrickard to come to him with what Assistance he could and this Lord who was always Loyal and abhorred the violation of the Peace did his Endeavour to bring a considerable Party with him but as he words it in his Letter of the Second of November The sharp Sword of Excommunication had so cut his Power and means that he could bring with him but one Troop of Horse to Tecroghan however his Presence was very considerable and as it gave great Comfort to the Lord Lieutenant so it gave mighty hopes to Preston who believed that Clanrickard who for his exemplary Loyalty would be confided in by one side and for his Religion might be trusted by the other was a fit Mediator to reconcile both Parties and accordingly he applyed himself to that Lord and by the
Assistance of the Lord Digby they brought the matter so far to bear that on the 12th of November the Lord Digby writes thus to the Lord Lieutenant Yesterday the Lord Clanrickard and I finished our Negotiations to which Preston and his Army and Sir Philem O Neal and part of Owen Roes Army will submit You may depend on this Engagement of Preston and his Army since it cannot be violated without such a Per●idy ☞ as certainly the Profession of Soldiers and Gentlemen hath never been guilty of The most that will be expected from you is a Declaration to this effect That whereas it is well known even by His Majesties Printed Letters that His gracious Intentions were to secure His Catholick Subjects of this Kingdom in the free Exercise of their Religion by repeal of the Penalties of the Law against them which in the last Articles was left out by the Subtilty of some of their own Party who intended to found this late mischief upon it that it was far from His Majesties intention or Yours to take advantage of that Omission but that they may rest as secure of His Majesties Favour in the repeal of the said Penalties as if it had been positively exprest in the Articles and that for matter of their Churches and Ecclesiastical Possessions it being referred to the King it was far from Your intentions to molest them therein till you knew His Majesties Pleasure in that particular As for your Engagement to obey His Majesties free Commands the Queen and Prince of Wales and my Significations to the advantage of the Catholicks during His Majesties want of Freedom and that you will not obey such Commands to the prejudice of what is undertaken as shall be procured by advantage of His Majesties want of Freedom Your Letter to the Marquis of Clanrickard will suffice you must proceed frankly c. And this was the Posture of Affairs when on the 14th of November Commissioners arrived from the Parliament with Fourteen hundred Foot and other Necessaries for the Preservation of Dublin which they expected to be given up to them upon the Terms proposed In what Condition was the Marquiss of Ormond now he had two inconsistent Treaties upon his hands and both well nigh concluded and he was in Danger least his own Army who abhorred any farther Correspondence with the Irish would with the Assistance of the Fourteen hundred Men newly come Deliver up both Dublin and him to the Parliament of England It is certain he had need of all that Dexterity and Presence of mind that he was Master of to extricate himself out of these Difficulties as he afterwards did It was never a Doubt with him whether he should preserve the Kingdom for his Majesty or submit it to the Parliament but the Question was whether an Union with the Irish would do the former since their Levity was such as that there could be no dependance upon them I have seen all the dispatches between Ormond and Digby upon this occasion and can assure the Reader that the Lord Lieutenant was prevailed upon against his own Judgment by the Lord Digby's importunity and when he did Consent he foretold the issue of that Reconciliation But we will first give an Account of the Treaty with the Parliament Commissioners and then discover the farther Proceedings with the Irish The Lord Lieutenant and Council being pressed by Enemies without and Necessities and intolerable Wants in the City did on the 26th day of September by Letters to the King and to the Lord Mayor of London represent the miserable Condition they were in and did also send over the Lord Chief Justice Lowther Sir Francis Willoughby and Sir Paul Davis in one of the Parliaments ships to the Parliament of England with Instructions from himself and the Council and other Instructions from the Council only The Instructions from the Lord Lieutenant and Council were 1. That a Difference ought to be made the between those that were Contrivers and first Actors of the Rebellion and those that by the Torrent of that Rebellion were afterwards accidently engaged therein and that the Confiscatitions of the former were sufficient to satisfie the Adventurers 2. That they demonstrate the necessity of making the late Peace for the Preservation of the Protestants for tho' the Protestants do survive the breach of the Peace the Reason is because the Irish are now divided and their Frame of Government dissolved 3. That before the Peace they the Lord Lieutenant and Council did enter into a Treaty with the Parliament Commissioners in Ulster to prevent it but by the Departure of the Marquis of Argile into Scotland and of Sir Robert King into England that Treaty fell for want of a sufficient number of the Commissioners and that misfortune was followed by the defeat of Monroe and the Scots at Bemburb 4. That England has receiv'd advantage by the Peace First by their experience of the perfidiousness and Treachery of the Irish ☞ And Secondly by obtaining just cause to use them severely 5. That the Covenant may not be impos'd until it be done by Act of Parliament that nothing of it may be now imposed lest it divide the Protestants and hinder them from a joynt prosecution of the War and for the same Reason the Book of Common Prayer be not suppressed but let those use the Directory that will 6. To ●ustifie the Goverment and Conduct of His Majesties Servants and to wipe off all Scandals 7. To preserve the Estates Persons and Imployments of all those that went hence to serve His Majesty in England and did not joyn with the Rebels at least to get them Liberty to compound or to transport themselves and their Goods 8. That it be immediately published we have free Commerce and Traffick with the Parliaments Towns and Allies and that three or four Ships be sent to Guard our Coasts from the Rebels 9. That Magazines of all sorts be speedily prepared at Liverpool Chester c. 10. To advise them that if Succours be not immediately sent all will be lost and the recovery of it will cost ten times as much Blood and Treasure as it will to keep it now 11. That if the Soldier be not constantly Paid he will revolt to the better Pay-master and that the Revenue here does not keep the publick Persons and Clergy from want 11. That Directions be sent to the Parliaments Forces in Ulster Munster and Conaught to correspond and joyn with Us. 12. That if they send Forces under their own Officers Care be taken to Pay ours equally with theirs to prevent Difference and Mutiny 13. That Sir Francis Butler Colonel Richard Gibson Colonel Henry Warren Colonel Monk and Lieutenant Colonel Gibs now Prisoners with the Parliament Being Men that know the Country and are experienced in the Service may be rather sent than Novices and Strangers or any others Lastly Men without Money and Victuals will do us more harm than good And if as soon as you are
between him and Owen Roe O Neal And that the innocent Blood which hath been shed in Ireland is so fresh in the Memory of this House that this House doth Detest and Abhor the thoughts of closing with any Party of Popish Rebels there who have had their hands in shedding that Blood Nevertheless the House being satisfied that what the said Collonel Monk did therein was in his apprehension necessary for the Preservation of the Parliament of England's Interest the House is content that the further consideration thereof as to him be laid aside and shall not at any time hereafter be called in question And so we are come to the fifth Army which was that of the Parliament's and tho' at this time it was but small and ill provided and had no other Towns in the Kingdom in their possession except Dublin and London Derry and even both these were besieg'd by considerable Armies yet within half a Year it became so powerful and victorious that it recovered the the best part of the Kingdom and at length reduced it all And even in this weak condition and before their Recruits came they did all that was possible for before the Royal Army came near Dublin Collonel Jones sent out a Party under Major Cadowgan to discover the Enemy and to slacken their march and he did excellent Service not only in destroying the Country about Tecroghan but in cutting off a great many of his Enemies and Jones himself marched out as far as the Naas on the 12th of June but having notice of the Approach of the Cavaliers he returned to his proper business of preserving the City which he performed exceeding well On the other side Ormond was endeavouring to straiten Dublin and the better to effect it the Lord Dillon of Costilogh was ordered to stay on the North side the City with 2000 Foot and 500 Horse and the Lord-Lieutenant with the rest of the Army marched over the River to Rathmines on the 25th of July and the very same day the Collonels Reynolds Venables and Hunks arrived with 600 Horse and 1500 Foot and other Supplies of Money and all other Necessaries into the City from England But these Succours did not so much contribute to the Preservation of Dublin as did a certain intelligence they brought with them that Cromwell and his Army intended to land in Munster Hereupon the Lord of Insiqum with a great Party of the best Horse was detach'd to defend that Province whereby the Army was weakned and exposed to the Misfortune it afterwards met with Nevertheless most of the General Officers being of Opinion that Baggotrath might be Fortified and made Tenable and being so would straiten the City so that their Horse could have no Forrage and consequently Dublin would in a little time be forced to surrender they prevailed with the Lord-Lieutenant to suspend his thoughts of retiring to Drumnagh and to give Orders for the Fortfying of Baggotrath Accordingly Major-General Purcell who had been the forwardest Man to this Advice had the charge of the Undertaking and the Army was kept all night in Batallia to countenance the Enterprize but when the Lord-Lieutenant who had been on Horseback all night came in the morning to view the Fortification he did not find it in that condition he expected Purcell excusing himself by the fault of his Guide Hereupon the care of that Affair was committed to another Officer who by nine a Clock had pretty well effected his Design and then no signs of any Sally appearing the Army which was all this while in Batallia was permitted to rest themselves and the Marquess retired to his Tent to the same purpose and so did most of the General Officers out of a vain Confidence that the Enemy would not Sally so late in the day But they found themselves grosly mistaken and were quickly alarum'd out of their Sleep for about ten a Clock on the 2d of August a party issued out of Dublin and meeting with better success than they could have the vanity to hope for they were seconded by most part of the Garrison by single Troops and Companies one after another and having slain or routed some few that opposed such a Pannick Fear seiz'd all the rest that a more easy or more compleat Victory could hardly be gain'd The Lord-Lieutenant in vain using his utmost endeavours to Rally the Horse whereupon a considerable part of the Foot finding themselves deserted by the Cavalry did in a Body surrender themselves And tho' the Lord Taaf escaped to the North side the River and importuned the Lord Dillon c. to attempt the recovery of the Field with those 2500 fresh Men yet so great was the Consternation that they could not be prevailed upon to try their Fortune nor hardly to provide for their own Safety without Confusion tho' at length they did observe the Lord-Lieutenant's Orders of going half to Tredagh and half to Trim to secure those Garrisons whilst his Excellency went to Kilkenny to Rally his shattered Troops In this Battle 4000 Men were killed and 2517 were taken Prisoners whereof several Officers of note and all the Artillery and two hundred draught Oxen and indeed all the Baggage of an exceeding rich Camp became the Reward and Prize of the Conqueror This is that fatal Defeat at Rathmines which the Irish say was so improvident and unfortunate that nothing has hapned in Christianity more shameful They did all that Malice could suggest to place the fault of this Misfortune on the Lord-Lieutenant but without any manner of reason for besides the assurance we have from Peter Walsh P. W. Remonstrance 583-609 that Edmond Reyly Titular Archbishop of Armagh did betray this Army and that the Nuntio Party at Rome rejoyced exceedingly at this Defeat This one observation will determine where the Fault lay viz. That Ormond was always victorious at the head of an English Army and the Irish were always worsted whoever was their General except only at the Battle of Bemburb But to proceed on the 3d of August Ormond stop at Balisanon and having found means to make the Garrison believe that Dublin was taken that strong Castle was presently surrendered and thereby General Jones was stop from prosecuting his Victory which else he would have done even to the Walls of Kilkenny Nevertheless that great Captain resolved to push on his Fortune and whilst the Consternation lasted to make the best use of it he could and accordingly he immediately advanced to Tredagh but the Lord Moor valiantly defended the place and Ormond came to Trim with what Forces he could rally so that Jones was obliged to raise the Siege on the 8th of August which was the very day Owen Roe forced the Lord of Ards to draw off from London-Derry But on the 14th of August Oliver Cromwell the Parliament's Lord-Lieutenant landed at Dublin he brought with him about 9000 Foot and 4000 Horse and all Necessaries for his Army and had a good Fleet constantly to attend
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
Bryan mac William Farral John mac Edmond Farral John Farral Roger mac Bryne Farral Barnaby Farral James mac Teig Faral his Mark. Morgan mac Carbry Farral Donough mac Carbry Farral Richard mac Conel Farral William mac James Farral James Farral Taghna mac Rory Farral Cormack mac Rory Farral Conock mac Bryne Farral Readagh mac Lisagh Farral Connor oge mac Connor Farral Edmond mac Connor Farral Cahel mac Bryne Farral Appendix IV. A Letter from the Lords Justices and Council to King Charles the First to prevent a Peace with the Irish May it please your Most Excellent Majesty WE your Majesties Justices on the 30 th of January last Receiv'd your Majesties Letter of the 11 th of the same We being then in Council at this Board which Letters we then immediately communicated to the Council as we always do in all matters of Importance concerning your Majesties Affairs here By those Letters your Majesty declared that you had sent a Commission to our very good Lord the Lord Marquess of Ormond and others Authorizing them to receive in Writing what the Petitioners Catholicks of Ireland mentioned in those Letters would say or propound and to return the same to your Majesty And by the same Letters your Majesty Commanded us your Justices to give those Commissioners our best assistance and furtherance as there shall be occasion wherein as in all things else we have always done and shall ever do we shall most readily obey your Majesties Royal Commands with all humble Duty and Submission having nothing more in our Care and Endeavours in these perplexed times than to advance your Service and to preserve your Soveraign Rights and Interests here where so dangerous Attempts have of late been made against them by so Aniversal a Conspiracy of the Papists of this Kingdom We do with much Joy of heart Comfort our selves to see your Majesties gracious inclination to hear your Subjects whatsoever they be in themselves and as therein we behold your goodness so we to whose Care and Circumspection your Majesty hath committed the great Trust of this your Kingdom cannot but esteem it a great breach of Duty and Faith in us to be silent in such things as may give light in this important business and which cannot come to your Majesties knowledge but by your Ministers These Petitioners do affirm That they had recourse to Arms for Preservation of your Royal Rights and Prerogatives which if it were true we should be subject to the full Tax of Treachery if we should not with all Zeal and hearty Affection have joined with them And if that had been the true ground of their entring into quarrel with us it should cost little Mony or Blood to the Kingdom of England to reconcile us They well know that before this Rebellion in the Parliament held here and formerly we opposed them several times where we found them vehemently labour to abridge those Prerogatives and antient Rights of the Crown here and to derogate from your Royal Authority in many Parts thereof as by particulars will appear But we must upon full observation of their Courses and Actions since the First breaking out of this unnatural Rebellion unfeignedly affirm That they do but take up this for an excuse of their most odious breach of Faith and Duty to your Most Sacred Majesty their inward intent being as since hath appeared to deprive your Majesty of all those Prerogatives they spake of and even of your Crown and Kingdom resolving also to destroy and extirpate out of this Island as well the true Protestant Religion as also your Majesties most Loyal Brittish Subjects whom they hate chiefly because they Religiously love your Majesty and your Children and in that love were such leaders of them in all their late seeming Acts of Bounty and Duty towards your Majesty as without shameful bewraying their evil hearts they could not shun the same whereat they often shewed much reluctancy as appeared in reducing the subsidies and other things In Vlster where the Rebellion first broke forth it is testified upon Oath by a Gentleman that was a Prisoner amongst the Rebels that he heard one of the Rebels a man of Note amongst them say That if he had your Majesty where he than spake that he would flea you quick but they would have the Kingdom and their will of you Others there said that they had a King of their own in Ireland Others said that they would have an Irish King and regarded not King Charles the King of England Others that they had a new King and had Commission from him for what they did Others that Sir Phelim O Neal should be their King and that they would give a great sum of Mony to have King Charles his Head these Speeches were uttered in several Counties in that Province and by several Parties also those in Vlster devis'd false Prophesies and dispers'd and publish'd them and amongst others things so devis'd by them one Prophesie is said to be that Tyrone or Sir Phelim O Neal should drive your Majesty with your whole Posterity out of England and that You and your Posterity shall be hereafter Profugi in terra aliena in aeternum to which Phelim O Neal Regal Attributes have been given by some of the Rebels and he hath written in a Regal Stile and did Seal Letters with a Seal whereon there was a Regal Crown which we have seen When the Rebellious Lords and Gentry of the Pale and Leinster and after them those of Munster and Conaugh and the Irish in Leinster rose in Rebellion who appeared not in Arms until those in the Pale brake out those in the Pale declared to Assault your Majesties Castle and City of Dublin where reside your Officers of State and where are the Ensigns and Ornaments of your Royal Authority and Soveraignty here and all the Records of your Revenues and Interest which they purposed to Seize and by holding that Place to take away the means for arrival of English here other than by main force to which intent they Assembled in great numbers near this City within two or three Miles round about it having then also strongly Besieg'd your Majesties Port Town of Droghe da as a step to the gaining of this City presuming all this while that no succour should come out of England and all this done not only by the barbarous Rebels of Vlster but also by the degenerate ungrateful Lords and Gentry of the Pale and when by Gods blessing and your Majesties tender care of the remanant of your poor People left yet undestroyed in sending Forces hither we were enabled by your Majesties Forces to beat off those Multitudes and to raise the Siege of Drogheda then as well the Old English as the Irish all Papists and now Rebels which drew themselves farther off and finding that they had not so ready a way to rent the Kingdom out of your Majesties hands as they at first supposed they then found it necessary to fall
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 Arm● 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
Remonstrants pretend to justify their Insurrection which nevertheless themselves in their Declaration in Parliament the 16 th of November 1641. have confessed to be traiterous and rebellions and at the same time pretended an Abhorrence of the abominable Murthers and Outrages of the Rebels which now they palliate as a forced taking up of Arms in their own own Defence by discontented Gentlemen Neither was that Declaration forced from them but passed in due course and order and at their own request tho' some of them would have couch'd it in softer terms for fear the Rebels might recriminate but they were outvoted without either violence or threatnings as is most falsly suggested Neither is it true that the Northern Rebels ever sent any Address to the State except the presumptuous Proposition from those of Cavan which was favourably received as hath been already related but it is wisely done of the Remonstrants to pass slightly over the Massacre in Vlster since it is not possible to justifie that barbarous Cruelty In the Proclamation of the 23 of October there is no mention of the Proroguing the Parliament and because some of the Pale did quarrel at the words Irish Papists as if themselves were included therein the Lords Justices issued a Second Proclamation to satisfie them in that Point and tho' there was a necessity of Proroguing the Parliament to avoid concourse to Dublin in that dangerous time yet it was not done without the Kings special Warrant for it who design'd that the Lord Lieutenant should be present at the Session and tho' the Kings Order was to Prorogue it to the latter end of February yet to comply with the Importunity of some of the Remonstrants who were then thought Faithful to the Government the Members were permitted to meet the 9 th of November and Adjorn'd to the 16 th and then Sat two days and shortned the Prorogation to the 11 th of January and tho' in that short Session and that troublesome time it was impossible to pass any of the Graces into Acts yet the Lords Justices did then acquaint the Houses That His Majesty would not depart from any of his former favours promised to them for setling their Estates to such as should remain faithful and Loyal That as to Armed men it was no other than hath been in all Parliaments there before and since viz. the Garrison of the Castle of Dublin in which the Parliament sits always makes a Guard for the Chief Governor and Members of Parliament but neither used Threats committed Violence or presented their Musquets as is unsincerly and untruly suggested nor could the Remonstrants apprehend any danger from this mark of respect shewn them by the Guard if their own inward Guilt had not begat Jealousies in them of what others never thought of for if the Lords Justices would have seiz'd the Persons of some of the Remonstrants upon just Suspitions and violent Presumptions what hindred them certainly nothing but a hopes by mildness and good usage to settle and fix their staggering Loyalty And it is strange that the Remonstrants pretend that any part of the Kingdom was quiet when it appears by Mac Mahon's Examination that the Conspiracy was universal and that the great Towns and Cities would revolt as soon after they did except where the Protestant Inhabitants or his Majesties Soldiers were too strong for them and Collonel Plunket aver'd That all the Catholick Lords had contracted under their hands to joyn in this Insurrection which indefinite expression must be understood to intend all those that did afterwards unite with the Rebels which were indeed all but a very few and he wrote to the Lord Abbot of Melifont that he had been a means to incite the Lords and Gentlemen of the Pale to appear in the blessed Cause then in hand and would use his endeavours night and day ad majorem Dei gloriam And it is to be observ'd that the Collonels John Barry Taaf Garret Barry and Porter who had Warrants to transport four Regiments and were therein Assisted by the Lords Justices did upon several pretences defer it till the 23 d. of October and soon after Garret Barret and his whole Regiment and most of the rest of the Soldiers went into Rebellion and if we add the general discourse amongst the Rebels in Vlster on the 23 d. and 24 th of October exfressing to the plunder'd English an assurance that Dublin was taken and the like mutterings in Munster and Conaught and the antecedent Threats of a general Rebellion and their Consultations at Multifernam mentioned in Doctor Jones his Examination it will be manifest that the Conspiracy was general and premeditated But the Remonstrants suggest that the Lords Justices applied themselves to such powerful Members of Parliament as opposed his Majesty which is like the rest for at that time the King was in Scotland and there was no difference between his Majesty and the Parliament except in relation to the Earl of Strafford whom the Remonstrants most violently prosecuted besides the Lords Justices did not sent to the Parliament at first but on the 25 th of October sent one Express to the King and another to the Lord Lieutenant according to his Majesties former Orders and seeing themselves by the generality of the Rebellion necessitated to invoke all Powers that could Assist them they did on the 5 th of November and not before write to the Privy Council and to the Speakers of both Houses and they sent Duplicates of those dispatches to his Majesty the very same day And tho' it was the highest reason that could be that the Lords Justices should first Arm the Protestant Subjects whom they might confidein for the defence of their own Lives and the Government yet they did also issue Arms to such Papists as they had any hope of and particularly 1700 Arms to those of the Pale some of which were recovered again but most of them were perfidiously made use of against the State neither were the Catholick Inhabitants of Dublin Disarm'd until those of the Pale had declared themselves in Rebellion and then their Alliance and Correspondence with the others made that Action necessary Arms were likewise sent to Wexford Waterford and Trim and Letters of Encouragement to those places and to Gallway The Order of Parliament to Pardon the Irish was publish'd in Print the 12 th of November and dispersed into all parts of the Kingdom but without any more effect than the Lords Justices Proclamation of Pardon of the 30 th of October met with and the Lords Justices Proclamation of the First of November to Pardon those of the Counties of Louth Westmeath Meath and Longford except Freeholders and Murderers was drawn by Mr. Nicholas Plunket and other Members of Parliament and thereupon some few submitted but never restor'd what they had plunder'd from the Protestants but soon after Apostatiz'd into Rebellion again neither did they shew any more respect to his Majesties own Proclamation under his Royal Signet nor
many and pernicious to Ireland that this Parliament should betray the trust reposed in them if they did not declare against this Cessation and use all means in time to make it abortive and therefore they desire that it may be observed and taken notice of First From whence the Counsel and Design of this Cessation ariseth even from the Rebels and Papists themselves for their own Preservation for soon after they had missed of their intent to make themselves absolute Masters of that Kingdom of Ireland by their treacherous Surprises and seeing that this Kingdom did with most Christian and Generous Resolutions undertake the Charges of the War for the Relief and Recovery of Ireland Propositions were brought over from the Rebels by the Lords Dillon and Tafe at which time they were intercepted and restrained by the Order of the House of Commons after that they had the boldness even while their Hands were still imbrued in the Protestants Blood to petition his Majesty that their demands might be heard And for this purpose they obtained a Commission to be sent over into Ireland to divers Persons of Qality whereof some were Papists to Hear Receive and Transmit to his Majesty their Demands which was done accordingly and one Master Burk a Notorious Pragmatick Irish Papist was the chief Sollicitor in this business After this the Just Revenging God giving daily success to handfuls of the Protestant Forces against their great numbers so that by a wonderful Blessing from Heaven they were in most parts put to the worst Then did they begin to set on Foot an Overture for a Cessation of Arms concerning which what going and coming hath been between the Court and the Rebels is very well known and what Meetings and Treatties have been held about it in Ireland by Warrant of his Majesties Ample Commission sent to that effect and what Reception and Countenance most Pragmatical Papists negotiating the business have found at Court and that those of the State in Dublin who had so much Religion and Honesty as to disswade the Cessation were first discountenanced and at last put out of their Places and restrained to Prison as Sir William Parsons One of the Lords Justices there Sir John Temple Master of the Rolls Sir Adam Loftus Vice-Treasurer of Ireland and Treasurer at Wars and Sir Robert Meredith one also of the Council Table Secondly The Lords and Commons desire it may be observed that during all these Passages and Negotiations the Houses of Parliament were never acquainted by the State of Ireland with the Treaty of a Cessation much less was their Advice or Counsel demanded notwithstanding that the care and managing of the War was devolved on them both by Act of Parliament and by his Majesties Commission under the Great Seal to Advise Order and Dispose of all things concerning the Government and Defence of that Kingdom But the wants of the Army were often represented and complained of whereby with much craft a ground was preparing for the Pretext wherewith now they would cover the Counsels of this Cessation as if nothing had drawn it on but the extream Wants of their Armies whereas it is evident that the Reports of such a Treaty have been in a great part the cause of their wants for thereby the Adventurers were disheartened Contributions were stopped and by the admittance to Court of the Negotiators of this Cessation their wicked Councels have had that influence as to procure the Intercepting of much Provisions which were sent for Ireland so that Ships going for Ireland with Victuals and others coming from thence with Commodities to exchange for Victuals have been taken not only by Dunkirkers having his Majesties Warrant but also by English Ships commanded by Sir John Pennington under his Majesty And moreover the Parliament Messengers sent into several Counties with the Ordinance of January last for Loans and Contributions have been taken and imprisoned their Money taken from them and not one Peny either Loan or Contribution hath been suffered to be sent for for Ireland from these Counties which were under the power of the Kings Army while in the mean time the Houses of Parliament by their Ordinances Declarations and Solicitations to the City of London and the Counties free from the terror of the Kings Forces were still procuring not contemptible Aid and Relief for the distresses of Ireland Thirdly As the Lords and Commons have reason to declare against this Plot and Design of a Cessation of Arms as being treated and carryed on without their Advice so also because of the great prejudice which will thereby redound to the Protestant Religion and the encouragement and advancement which it will give to the practice of Popery when these Rebellious Papists shall by this agreement continue and set up with more freedom their Idolatrous Worship their Popish Superstitions and Romish Abominations in all the places of their Command to the dishonouring of God the grieving of all true Protestant Hearts the disposing of the Laws of the Crown of England and to the provoking of the wrath of a Jealous God as if both Kingdoms not smarted enough already for this sin of too much conniving at and tolerating of Antichristian Idolatry under pretext of Civil Contracts and Politick Agreements Fourthly In the Fourth place they desire it may be observed that this Cessation will prove dishonourable to the Publick Faith of this Kingdom it will elude and make null the Acts and Ordinances of Parliament made for the forfeiting of the Rebels Lands at the passing of which Acts it was represented that such a course would drive the Rebels to Despair and it proves so but otherways than was meant for despairing of their Force and Courage they go about to overcome us with their Craft Fifthly and Lastly What shall become of the many Poor Exiled Protestants turned out of their Estates by this Rebellion who must now continue begging their Bread while the Rebels shall enjoy their Lands and Houses And who shall secure the rest of the Protestants that either by their own Courage Industry and great Charges have kept their Possessions or by the success of our Armies have been restored Can there be any assurance gotten from a Perfidious Enemy of a Cossation from Treachery and breach of Agreement when they shall see a fit time and opportunity These and many other considerations being well weighed it will appear evidently that this Design of a Cessacion is a deep Plot laid by the Rebels and really invented for their own Safety and falsly pretended to be for the benefit of the Armies And whereas the Lords and Commons have no certain Information that the Treaty is concluded but are informed by several Letters that all the Protestants as well Inhabitants as Soldiers in that Kingdom are resolved to withstand that proceeding and to adventure on the greatest extremities rather than have any sort of peace with that generation who have so cruelly in time of Peace Murdered many Thousands of our Countreymen
Fitz Girald at Kilkenny Noble Sir I Am now advanced thus far on my way home after my accustomed long fruitless●attendance upon the publick affairs being hopeful that in all this time some good effects would have been produced out of the forward and chearful Resolutions and Endeavours observed in you and many other Noble Persons upon your departure from hence and the good concurrence that was expected from many others well affected to a happy and speedy settlement but after Nine Weeks expectation there hath nothing occurred to my knowledge but the following particulars which I shall distinctly set down both to prevent mistakes in you and clear the aspersions that may be cast upon others 1. By Vote of the Assembly the total rejection of the Peace and of all other both publick and private overtures and undertakings that had relation thereto destroying the only possible means that could have united the Kingdom unto any hopeful way of preservation as affairs now stand in the Kings Dominions 2. A new Union Sworn grounded upon impossible undertakings if not in the Propositions themselves at least in the most material circumstances of securing them thereby excluding all hopes of Peace and setling and confirming a lasting divided Government 3. That being compassed for some seeming satisfaction to those that were drawn into it a plausible shew of some other accommodation was contrived but that being brought up to Dublin by Mr. Doctor Fennel and Mr. Geffery Barron with much assurance given by divers of all the satisfaction that such a change of resolutions could produce there appeared but a Verbal Message of some few general Heads they refusing to give it in Writing or to testify under their Hands what they acknowledgd my Lord Lieutenant took Verbatim from them neither would they assume any Power to make any particular explanations and yet earnestly demanded Resolutions with expedition This unexpected delay and continued uncertainty in such a nick of time after so many former breaches on your parts and so many warnings and true intelligence given you by others of the King 's being delivered up to the Parliament the vast Preparations by them made for Reducing this Kingdom and even those most faithful to his Majesties Service in England as forward as any to joyn therein finding themselves destroyed by the failing of the Peace here and the promised Assistance thereupon Your not long since invading and destroying the only remaining Party Obedient to the Kings Authority the small regard had by you of the approaching dangers and the divisions fomented and still encreasing amongst your selves did by an unavoidable necessity as I conceive beget a resolution in my Lord Lieutenant and those of his Party about Dublin to try some other expedient for their preservation and redemption out of the languishing starving condition they have these many Years with much patience endured and for my own part having long observed the high Affronts and Disrespects put upon my Lord Lieutenant and many other of His Majesty's Ministers and Servants and the largest proportion of Malice cast upon them when they were most industrious in the preservation of the Kingdom hath produced the like resolutions in me to try my Fortune in some other Climate since my Three Years constant expence of time health and fortune for the advantage of the publick hath gained no other recompence than to be Printed against by Declarations Books and several other Papers the Forces of other Provinces poured down upon me to destroy my whole Estate those Forces under my Command thereby inforced to Disband the Officers and all other of my Servants and Followers prosecuted and nothing of means or quarter left me to maintain a Guard of Horse for my own Person my Wife and Family readily permitted to repair to Dublin but no allowance to return all which particulars put together I leave it freely to you to judge whether it be not high time for me to depart when the voice of the Kingdom represented in the Assembly have by a clear implication in their safe conduct declared their desires therein Since my coming hither I have seen some Letters and find much confidence in many that the whole Assembly and Clergy are now united to put a full power into my Lord Lieutenants hands and to make provision for his Lordship and his Party both for subsistence and maintenance of a War to which I may not presume to frame any Judgment at so late an hour of the day but this I conceive is most certain that if it doth not appear suddenly unanimously and clearly with a full power and trust and apparent provision to make it good it will hardly be relied upon and that failing there remains nothing for me to do but in another Country to labour the perfection of Praying as well for my Persecutors as Benefactors amongst the last of which you shall be still acknowledged and remembred by Tecrogham the 15th of March 1646. Your Affectionate Friend to Serve you Clanrickard Appen XXXVIII Articles of Agreement made concluded and agreed on at Dublin the Eighteenth day of June 1647. By and between the most Honourable James Lord Marquess of Ormond of the one part and Arthur Annesley Esquire Sir Robert King Knight Sir Robert Meredith Knight Collonel John Moore and Collonel Michael Jones Commissioners from the Parliament of England on the other part Not signed till the 19th FIrst it is agreed and concluded and the said Lord Marquess of Ormond doth conclude agree and undertake to and with the said Arthur Annesley c. That upon the nineteenth day of this month of June he will leave or cause to be left in the possession of the said Arthur Annesley c. the City of Dublin and all the rest of the places and Garrisons in his power and under his Command and the Ordnance Artillery Amunition Magazines and Stores there and likewise it is further agreed and concluded and the said Lord Marquess of Ormond doth conclude agree and undertake that upon the 28. of July next he will leave or cause to be left in the possession of the said Arthur Annesley c. Or any four of them the Sword and all other Ensignes of Royalty with all other things belonging to the Lord Lievtenant or Leivtenancy of the Kingdom of Ireland that shall be demanded before the said twenty eighth day of July and that in the mean time he will not intermeddle or take upon him to Command in any of the said Garrisons or places 2. Item It is agreed and concluded and the said Arthur Annesley c. do for and in behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond in the behalf of himself and others his Majesties Subjects that all Protestants whatsoever of the Kingdom of Ireland not having been in the Irish Rebellion though they have of late consented or submitted either to the Cessation of Arms or the Peace concluded with the Irish Rebels shall be
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 Ger●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
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
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 a●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
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 ●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 Cl●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 F●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
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
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 T●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 ● 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 Premunir● 11 his Equivocation ibid. London City their Articles with the King about their Plantation in Ulster 16 Lords of Ker●y and Slane dispute Precedency 29 Lords Courcey and Sa●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 Mele●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 arri●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 〈◊〉 Wr●tch to a 〈◊〉 20● and Excommunicate● the Supram Council c. 199 and leaves the Kingdom C. 2. 3 O. Ormond comes to Dublin 75 obt●●●● a Victory in Kilrush 106 and another at Ro●● 3 is made Lord Lieutenant 137 is like to be intercepted by the N●●●●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. 5● Oxford the Negotiation of the Irish Ag●nts there 138 139 140 141. 〈◊〉 P. Papists generally come to Church 9 are mutinous in the Parliament 23 send Agents to England 25 revol●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 12● Proclamation against Popish Clergy 53 St. Patricks Purgatory discovered to be a Cheat 54 Parliament of Ireland s●●d a R●monstrance to England 61 and a Petition with a Schedule of Grievances 164 and impeach the Bishop of Derry 〈◊〉 Lord Chanceller c. 65 i● 〈◊〉 Ann● 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 Ass●●blies Declaration concerning it 152 it is opposed by the Nuntio 155 and ●●but●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 Cl●anmacnoise C. 2. 14 and deal deceitfully with Insiquin and Ormond C. 2. 19 they meet at James●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 ●ruel beyond Example 73 93 and no less treacherous 77 79 82 discovered by Owen O●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 rack● and why 104 Remonstrance from Longford 80 from the Irish at Trim 110 Rupert Prince at King●ale C. 2. 1 S. St. John Sir Ol●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 ● rebels again 12 and is atta●●●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 Macg●●re's Examination VIII The Lord of G●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 ●●tition against that Peace XXVI The Articles between Sir Kenelm Digby and the Pope XXVII Articles made with the E. of Glamorga● 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 A●●erents to the 〈◊〉 of 1646. XXXII Preston's Engagement Oath to Nuncio XXXIII Marques● 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 M●rques● 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 T●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 F●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
in Ireland by any of the Kings Officers without his special License contrary to the aforesaid Ordinance of Edw. 2. And so on the 8th day of September Lionel Duke of Claren●e 1361. Earl of Vlster and Lord of Connaught came over Lord Lieutenant and brought with him an Army of fifteen hundred men by the Pole and his Entertainment was thirteen shillings and four pence per diem and two shillings apiece for eight Knights six pence apiece for three hundred and sixty Archers on Horseback out of Lancashire and two pence apiece for twenty three Archers out of Wales Under him was Ralph Earl of Stafford who had six shillings and eight pence per diem for himself four shillings for a Baneret two shillings apiece for seventeen Knights twelve pence apiece for seventy eight Esquires and six pence apiece for an hundred Archers on Horseback Davis 30 31. and four pence apiece for seventy Archers on foot And James Earl of Ormond had four shillings per diem and two shillings apiece for two Knights and twelve pence apiece for twenty seven Esquires six pence apiece for twenty Hoblers armed four pence apiece for twenty Hoblers unarm'd And Sir John Carew Baneret had four shillings per diem and two shillings for one Knight and twelve pence apiece for eight Esquires and six pence apiece for ten Archers on Horseback And Sir William Windsor had two shillings per diem and for two Knights two shillings each for forty nine Squires twelve pence apiece and for six Archers on Horseback sixpence apiece Upon his coming over Proclamation was made to remand out of England all Men that held Land in Ireland on pain of Forfeiture of their Land because he thought that by his Army 36 Edw. 3. m. 21. and the assistance of the English of Birth he should be able to do great Feats without the assistance of the old English and therefore he also proclaimed That none of the old English should joyn his Army or approach his Camp which gave great offence to those that were the Progeny of the first Conquerors and had hitherto preserved the Kingdom by their Valour However the Duke marched his Army against O Brian but not being acquainted with the Country nor the Manners of the Irish he soon lost an hundred of his Men and thereby found the want of the old experieneed English whom he at first rejected but he timely repair'd his Error by another Proclamation inviting and requiring them to come to him whereupon they united and the Affair proceeded prosperously so that O Bryan was subdued Hereupon the Duke made many Knights as well of Old as New English and some time after he removed the Exchequer to Caterlough and bestowed five hundred Pounds in walling that Town He did many other good Acts so much to the Satisfaction of the whole Kingdom that as well the Clergy as the Layity gave him two Years Profit of all their Lands and Tithes towards the maintenance of the War here He was the first that kept the Army under Discipline so that they were not grievous or burthensom to the Country as they used to be And so having behaved himself very well in Ireland he returned to England on the twenty second of April leaving James Butler 1364. Earl of Ormond Lord Deputy This Lord obtained a Licence from the King to purchase Lands to the value of sixty Pound per annum Lib. CCC non obstante the Statute or Ordinance That no Officer of the King's should purchase within his Jurisdiction But on the eighth Day of December Lionel Duke of Clarence Lord Lieutenant came over again but made a very short Stay before he left the Kingdom and deputed Sir Thomas Dale 1365. Lord Deputy in whose time great Contest arose between the Birminghams of Carbry and the Inhabitants of Meath for the very English were now grown so degenerate that they preyed and pillaged one another after the barbarous manner of the Irish so that Sir Robert Preston Chief Baron who had married one of the Daughters and Coheirs of Sir Walter Birmingham was forced to put a good Guard into his Castle of Carbry to secure his Estate against his seditious Neighbours Hereupon Lionel Duke of Clarente 1367. Lord Lieutenant came over again and held that renowned Parliament at Kilkenny which made that famous Act which is so often cited by the name of the Statute of Kilkenny The Bishops of Dublin Cashel Tuam Lissmore Waterford Killaloo Ossory Leighlin and Cloyne Lib. D. who were present at this Parliament did fulminate an Excommunication against the Transgressors of that Law The Lords and Commons sat together at the making of it and the Statute it self is in French and to be seen at large in the Library at Lambeth libro D. but the effect of it is That the Brehon Law is an evil Custom Davis 112 191. and that it be Treason to use it That Marriage Nursing and Gossiping with the Irish be Treason That the use of Irish Name Apparel or Language be punished with the loss of Lands or imprisonment until the Party give Security to conform That the English should not make War upon the Irish without Order of the State That the English should not permit the Irish to Creaght or graze upon their Land Nor present an Irishman to an Ecclesiastical Benefice Nor receive them into Monasteries or Religious Houses Nor entertain any of their Minstrels Rhimers or News-tellers Nor cess Horse or Foot upon the English Subject against his Will on Pain of Felony And that Sheriffs might enter any Liberty or Franchise to apprehend Felons or Traytors And that four Wardens of the Peace should be appointed in every County equally to assess every Man's Proportion of the publick Charge for Men and Armour But it seems this Statute did not affect the Irish because they were not amesnable to Law for notwithstanding this Act the Irish did always use their Brehon Law until the third Year of King James I. Nevertheless this Law Davis 193. together with the Presence of the King's Son and the Discipline he used did very much reform the degenerate English so that the Revenues certain and casual of Vlster and Connaught were thenceforward accounted for in the Exchequer and the King's Writ did run in both those Provinces and therefore this Statute was revived and confirmed by 10 Hen. 7. cap. 8. It is to be noted Lib. D. That at this time the Price of a Cow was but ten Groats and the Pay of a Foot-Soldier was but two Pence a Day whereof he paid a Penny for his Victuals Nor must it be forgot That about this time it was declared in England That the King could not by Law alienate his Dominions And that King John his Submission to the Pope being contrary to his Coronation Oath and to Law was utterly void But let us return to the Lord Lieutenant who having concluded this Parliament to his Mind went to
them to new Disturbances And accordingly the Earl of Desmond the Archbishop of Cashel the Bishops of Cork and Waterford and many other of the principal Men of Munster were pardoned and the Liberties and Charters of Youghal were restored and confirmed and their Priviledges enlarged In the mean time dyed Rowland Fitz-Eustace Baron of Portlester who at several times had been Deputy Chancellor and Lord High Treasurer of Ireland which last Place held thirty eight Years And about the same time died Cnoghor mac Trelagh O Brian Chief of Thomond and was succeeded by his Brother Gil duff by Popular Election according to the Custom of Tanistry But it is time to return to Perkin Warbeck whom we left in the Arms of a fair Lady in Scotland that King had already made several Essays in favour of this supposititious Prince but now his Affairs pressed him to make a Peace with the English which King Henry would not hear of unless Perkin were delivered up It was therefore necessary for the Impostor to seek new Quarters 1497. And therefore being secretly supplied by the King of Scotland with Necessaries for his Voyage he embarqued with his Wife and Family and landed safely at Cork the twenty sixth of July he could not have pitcht upon a Place more prone to Rebellion at that time but curst Cows have short Horns and their Ability was not suitable to their Inclinations however he listed one hundred and twenty Soldiers and by the Aid or at least Countenance of the Earl of Desmond he got Conveniences for their Transportation And so finding the Earl of Kildare so firm and potent that no good was to be done in Ireland and receiving an Invitation from the Cornishmen he sailed directly to Cornwal in September and landed safely at Whitsand-bay The City of Waterford which for its loyalty to the Crown against Lambert Symnel had received great Favours and Priviledges from his Majesty was now altogether as vigorous against Perkin and by its discreet behaviour in this Affair well deserved the Motto Intacta manet Waterfordia That City manned out four Ships and sent them in pursuit of Perkin but Fortune did not favour that Generous and Loyal Design This Impostor being thus arrived in England took upon him the Name of Richard IV King of England and as such behaved himself and acted his Part so well that he would often lament the Destruction of his People and would frequently bemoan the Tyranny and Oppressions they lived under which sort of Deportment took with the common People exceedingly insomuch that some thousands of them came to him at Bodmin with them he besieged Excester and assaulted the City with great vigour and Resolution which the Couragious and Loyal Citizens by the help of some of their Country Neighbours as valiantly defended Hereupon Perkin raised the Siege and marched to Taunton and although the Cornishmen continued resolute to conquer or dye yet Perkin perceiving their Courage was greater than their Strength and finding that the King's Army did daily increase whilst his did decrease he privately withdrew to the Sanctuary of Beaulieu in Hampshire and afterwards surrendred himself and being imprisoned in the Tower he made his escape once and attempted it the second time and was therefore together with his Friend John Waters Mayor of Cork hanged at Tyburne where he confirmed the Confession he had formerly made which was to this effect I Being born in Flanders Campion 104. in the Town of Turney put my self in Service with a Britton called Pregent Meno the which brought me with him into Ireland and when we were there arrived in the Town of Cork they of the Town because I was arrayed with some Cloaths of Silk of my said Masters threeped upon me That I should be the Duke of Clarence's Son that was before time at Divelin and forasmuch as I denyed it there was brought unto me the Holy Evangelists and the Cross by the Mayor of the Town called Ino Lavallin and there I took my Oath That I was not the said Duke's Son nor none of his Blood After this came to me an Englishman whose Name was Stephen Poytow with one John Walter and sware to me That they knew well that I was King Richard's Bastard-Son to whom I answered with like Oaths That I was not and then they advised me not to be afraid but that I should take it upon me boldly And if I would so do they would assist me with all their Power against the King of England and not only they but they were assured That the Earls of Desmond and Kildare should do the same for they passed not what part they took so they might be avenged on the King of England and so against my Will they made me to learn English and taught me what I should do and say And after this they called me Richard Duke of York second Son to Edward IV because King Richard's Bastard-Son was in the Hands of the King of England And upon this they entred into this false Quarrel and within short time after the French King sent Embassadors into Ireland viz. Lyot Lucas and Stephen Frayn and so I went into France and thence into Flanders and thence into Ireland thence into Scotland and so into England again But let us return to the Affairs of Ireland 1498. which were briskly managed by the Lord Lieutenant He called a Parliament at Trim which met on the twenty sixth of August in the fourteenth Year of the King's Reign which must be anno 1498. and not 1499. as it is mistaken in the printed Statutes for the King began his Reign the twenty second Day of August 1485. There is but one Act of this Parliament extant and that is To make all the Statutes in England about the Officers of the Custom-house to be of force in Ireland after Proclamation at Dublin and Drogheda A very needless Law certainly since it could have but four Years retro-spect all former English-Statutes being ratified here by Poyning's Act of 10 Hen. 7. cap. 22. In the mean time Henry O Neal who had murdered his Brother Con was this Year served in the same kind by Tirlagh and Con Sons of the former Con And not long after the Lord Lieutenant invaded Vlster in favour of the aforesaid Tirlagh O Neal who was his Nephew by the Mother he was joyned by O Donel Macguire and all Tirlaghs Friends and effectually besieged Dungannon took the Castle and set at Liberty all the Prisoners that Neal mac Art O Neal kept there and forced Neal mac Art himself to submit and give Hostages The Vlster Expedition being over the Lord Deputy in October marched to Cork where he placed a Garrison and forced the Inhabitants of that City and of Kingsale to swear Allegiance and to bind themselves thereunto both by Indentures and Hostages which it seems he thought were stronger Obligations upon them than their Oaths After his return in the beginning of March Ware 's Annals he held
he substituted his Brother Thomas Fitz Girald of Leixlip Lord Deputy but he in a very little time was forced to quit the Sword to Richard Nugent 1527. Lord Baron of Delvin Lord Deputy who could the easier keep the Kingdom quiet because the great Enemies and Competitors the Earls of Kildare and Ormond were both in England and about this time it hapned that the Title of Ormond was taken from Sir Pierce Butler who in lieu thereof was with great Pomp created Earl of Ossory 1528. at Windsor the 23d of February And whoever is curious to see the Copy of the Patent Ware says 1527. and a large and full Account of the whole Solemnity may find it Lib. G. 121 Baker says 1529. in the Library at Lambeth and particularly that he gave the Trumpeters twenty Pounds whereas the great Earl of Tyrone gave them but forty Shillings About the same time Sir Thomas Bullen who had married one of the Daughters and Co-heirs of Thomas Earl of Ormond was as it were Selden's Tit. of Honour 840. in her Right Created Earl of Wiltshire and Ormond and though there is but one Patent for both Titles yet there are several Clauses of Investiture several Habendums and several Grants of Creation-Money It has been already observed That many Irish Potentates had received Pensions for many years on the account of giving Protection to the King's Subjects or at least of sparing them from Plunder and although this scandalous and dishonourable Tribute was duly paid yet the Irish did not perform their Engagements but made frequent Sallies and Incursions as they had opportunity and particularly this very Spring O Connor made an irruption into the Pale 1528. and carryed away much Prey and Plunder into Offaly it seems the L. Deputy was too weak to revenge this Outrage by force Ware 's Annals 121. all that he could do was to withold O Connor's Pension which he did Hereupon the Rebel complained as if he had received the greatest Injury and desired to have a Parly with the Lord Deputy about it on the 12th of May the Lord Deputy consented and came at the time appointed not doubting but that he should convince all the World and even O Connor himself of the unreasonableness of his Demand but alas he was mistaken O Connor did not intend to argue the Matter fairly but was resolved to help himself by a Stratagem as they call it for he perfidiously set upon the Deputy and took him Prisoner and killed and wounded many of his Attendants And thereupon the Council chose Pierce Earl of Ossory Lord Deputy who being returned from England came to Dublin accompanied with O More O Carol and one of the O Connors and a numerous Train The first thing he did was to send a Message to O Connor to enlarge the Lord Delvin but he received a flat Denial and therefore the Lord Deputy and Council did by Act of State suspend the aforesaid Pension and not long after all those Pensions and the like Irish Exactions were suppressed and for ever extinguished by Act of Parliament Ware 122. The Sweating Sickness called Sudor Anglicus was fatal to many of the Irish this Year amongst the rest the Lord Chancellor died of it and was succeeded by the aforesaid Alan a Creature of Wolsy's raised by him to this Office purposely to oppress the Earl of Kildare That unfortunate Earl continuing his Enmity against the Earl of Ossory sent his Daughter the Lady Slane from Newington into Ireland to excite his Brothers and Friends O Neal and O Connor and whomsoever else she could to oppose the Lord Deputy and she was unhappy in being successful in her Negotiation for she procured much Mischief to the Lord Deputy and great Devastations on his Lands which afterward occasion'd great Trouble and Danger to her Father as aforesaid The Famous Emperor Charles the Fifth sent his Ambassador Gonzagues to the Earl of Desmond to stir him to Rebellion The Emperor's Instructions bear Date at Tol●do Feb. 24. and are 1529. to treat with Illustrissime il Conde de Desmond c. But this Embassie was ineffectual because that Earl died at Dingle the eighteenth of June 1529. He left one only Daughter who was afterwards married to James the sixth of that Name Earl of Ormond so that he was succeeded in the Earldom of Desmond by his Unkle and Enemy Thomas Moyle And now was the King's Divorce publickly ventilated in England and the Pope revoked his Legates and resumed the Cause to himself which enraged the King and was the Ruine of Cardinal Wolsy In the mean time the King made his Natural Son Henry Fitz-Roy Duke of Richmond and Somerset Lord Lieutenant of Ireland and sent over Sir Willian Skeffington Lord Deputy he arrived in August with Mony and with two hundred Horse accompanied by the Earl of Kildare freed from all his Troubles and were received by the Citizens of Dublin with great Joy His Instructions were I. To preserve the Peace between the Earls of Kildare Desmond and Ossory that so they might be the better able to assist the Deputy and the common Cause II. To be on the Defence only III. To make no Hostings without Advice of Council IV. To assist the Earl of Kildare privately I suppose in his Designs against the Irish V. To moderate the Exactions of the Soldiers VI. To subject the Lands of the Clergy to their part of the Publick Charge VII To call a Parliament And Lastly which is the strangest of all to endeavour to get a Subsidy before the Parliament sit About the same time Edmond Butler Archbishop of Cashel indicted a Provincial Synod at Limerick at which were present Nicholas Bishop of Lismore and Waterford John Bishop of Limerick Ware 125. and James Bishop of Killaloo they gave Power to the Mayor of Limerick to imprison Ecclesiastical Debtors until they pay their Debts without incurring any Excommunication of which Constitution or Canon the inferior Clergy grievously complained alledging That it was a Breach of their Priviledge But let us return to the Lord Deputy who invaded the Territory of Leix 1530. to suppress the Insolencies of O More and O Connor and their Confederates he destroyed O More by slight but frequent Skirmishes And so having preyed the Country he returned with these happy First-Fruits of his Government In the mean time the great Minster of State Cardinal Wolsy came to Disgrace in England and died the last Day of November And about the same time great Jealousies and Misunderstandings began to arise in Ireland between the Lord Deputy and the Earl of Kildare Nevertheless The Lord Deputy took that Earl to his Assistance in his Expedition into Vlster and there they took the Castle of Kinard and returned loaden with Prey and Plunder according to the Custom of those Times And with this Atchievment Hugh O Donel was frighted into a Submission which being himself sick he performed by his Delegates Con O
to repeal Poyning's Act shall be certified into England until first it be agreed upon by a majority of the Parliament of Ireland IX That the rest of the Kingdom be divided into Shires X. That no Wool Flocks Flax Yarn Sheep-Skins Goat-Skins Calve-Skins or Deer-Skins unwrought nor Beef Tallow Wax or Butter shall be transported until it pay the Custom in the Act mentioned and the petty Duties to Coporations in the Act likewise mentioned on the Penalties therein contained provided Prosecution be made within nine Months after the Offence committed XI An Act for the Impost on Wines XII That the Earl of Kildare's Brother and Sisters be restored in Blood The Parliament was Adjourned to the twelfth of May and then they met and Enacted 1. That Schools be erected in the Shire-Town of every Diocess at the Costs of the whole Diocess by the direction of the Bishop and the Sheriff and the chief Governor shall nominate an English School-master and appoint his Salary whereof the Bishop shall pay one Third and the Clergy the other two Parts the Bishops of Armagh Dublin Meath and Kildare and their Successors shall name English School-Masters for their respective Diocesses 2. That all Exemplifications under the Great Seal and the Seals of the King's Bench Common Pleas and Exchequer subscribed by the Lord Chancellor both Chief Justices and Chief Baron shall be as effectual in all Courts as the Original Record but it must contain a Clause that all those Seals are to it 3. An Act about the Standard of Measures for Corn. 4. An Act impowering the chief Governour and Council to grant Patents to such of the Irish as the Queen shall direct And then the Parliament was Adjourn'd to the fifth of December 13 Eliz. At which Session the Earls of Thomond and Glencar who had reconciled themselves to the State were present and the Parliament made five Acts of no great importance recited in the Statute-Book from pag. 267. to pag. 279. But whilst the Lord Deputy and the Parliament were endeavouring the Prosperity and Peace of Ireland by enacting good and wholsom Laws others were as busie to countermine them and to put all into Disorder and Confusion for some of the looser sort of the Irish Lords were distasted to that degree at the loss of their Captainries and Irish Extortions as also at the Impost on Wine that they resolved by force to rescind those Laws or at least prevent the execution of them and so making Religion their Pretence they confederated together James Fitz-Morris was the Bell-weather of this Flock and the Ringleader of all this Mischief he added to the general Grievances the particular Injuries done to his own Family by the imprisonment of the Earl of Desmond and his Brother Sir John and he inveigled the Earl of Glencar by telling him That the Queen was to be married to the Earl of Leicester and that thereupon the Lord Deputy who married that Earl's Sister was to be King of Ireland and when the Earl of Glencar was once engaged Mac Donogh and many more of the Cartyes came in of course and Fitz Girald commonly called Seneschal of Imokilly was as forward in this Rebellion as any of them and although Sir Edmond Butler who was Seneschal to his brother the Earl of Ormond and consequently hated all the Family of Desmond and had formerly pretended to serve against James Fitz-Morris Yet partly because he did not dare to appear before Commissioners sent by the Lord Deputy to Kilkenny to examine and redress the grievous Complaints made against him and partly for Zeal to the Catholick Cause and Fondness of the Irish Usurpations he sacrificed his private Resentments to the publick Concern and joyned with the rest of the Rebels The Confederates being resolved to make something of this Rebellion if it were possible sent the Titular Bishops of Cashel and Emly Hooker 130. and the youngest Brother of the Earl of Desmond as their Ambassadors to the Pope and the King of Spain to implore Aid and Assistance to rescue their Religion and Country from the Tyranny and Oppression of Queen Elizabeth But the Lord Deputy was not idle but assoon as he had notice of this Confederacy he proclaimed them Traytors and ordered Sir Peter Carew Governor of Leighlin to begin the War which he did and being accompanied by the Captains Malby Gilbert Basnet and others he took Sir Edmund's Castle of Cloghgriman and gave the Spoil to the Soldiers and thence he marched to Kilkenny and upon intelligence that three thousand Men were within three Miles of that City Sir Peter Carew sent Henry Davels to discover them and being satisfied by him that they were not above two thousand he resolved to attack them Captain Gilbert and Davels and twelve more began the Charge which was well seconded by Carew Malby and Basnet and the Success was accordingly four hundred Gallowglasses being slain without the loss of any English Man Captain Malby's Servant only excepted Not long after James Fitz-Morris besieged Kilkenny but both Garrison and Citizens behaved themselves so well that Fitz-Morris was fain to execute his Malice on the Country-Villages and smaller Towns and those he did not spare particularly he robbed old Falco Quiverford of Galan who had been Servant to three Earls of Ormond of two thousand Pounds in Money Plate and Houshold-stuff besides Corn and Cattel Another Party went to the County of Wexford and at a Fair at Iniscorthy committed most vile Outrages ravishing Women and killing or imprisoning every body they met with nor did the Queens County and Ossory fare any better The Lord Power 's Estate and the whole County of Waterford were in the same condition and even the very County of Dublin had its share of Desolation But the Confederates finding no Effects of their former Ambassy sent new Messengers to the Pope and King of Spain and also sollicited Turlogh Lynogh to procure the Aid of the Scots and were so diligent that nothing was left undone that might tend to subvert the Government and clear the Country of all English Men and English Laws The Earl of Ormond then in England troubled at the Disloyalty of his Brethren offered his Service against them and undertook to reclaim them by Perswasion or Force and to that end he arrived at Wexford the fourteenth Day of August being the very Day of the aforesaid Fair at Iniscorthy I should have mentioned That Sir Warham Saint Leger was anno 1566 made President of Munster and now the Lord Deputy having notice that Sir Warham's Lady was in her Husband's absence much distressed at Cork and daily threatned by the Irish he resolved to march that way to relieve her and with six hundred Men only he set out from Kilkenny and came to Clonmel and thence he sent to Waterford for a few Citizens for three days to assist him in his Passage over the Mountains but that City obstinately insisted upon its Privileges and refused to send any Men however Mr. Wise
May 〈◊〉 requiring him to stay till the Lord Chancellor Gerard to whom the Queen had granted Licence to transport Yarn non obstante the Statute and whom she commends exceedingly should arrive which hapning in August the Deputy by the Queens Orders surrendred to Sir William Drury on the twelfth of September and had Leave to go for England Henry the Eighth was this Godfather and Edward the Sixth his Companion and so fond of him that he died in his Arms And undoubtedly he was Cambd. Eliz. 231. as Cambden says One of the most commendable Deputies that ever was in Ireland Sir William Drury Lord Deputy was sworn in Christ-Church Dublin on the fourteenth day of September and on the twenty ninth he began his Journey to Munster being accompanied by Sir Edward Fitton and others of the Council and by their Letter to the Queen of the twentieth of November they shew the necessity of a President of Munster and that upon the 〈◊〉 of its Suspension the Irish Lords thought they lost time if they did not immediately resort to their former Tyranny Lib. S. S. S. they give some Instances and particularly of the Lord Roch who kept a Freeholder who had eight Plow-lands Prisoner and Hand-locked him until he had surrendred or released seven Plow-lands and an half of them upon agreement to keep the remaining half Plow-land free but when this was done the Lord Roch extorted as many exactions from that half Plow-land as from any other half Plow-land in his Country and that both the Lords Barry and Roch without Right or Process that very Harvest took away all the Corn from the Farms of those Tenants they had Controversy with or spight to and even the great Men were under the same Oppressions from the greater for the Earl of Desmond forcibly took away the Seneschal of Imokilly's Corn from his own Land although he was one of the most considerable Gentlemen in Munster which I observe to shew the difference between English Government and Irish Tyranny And it must not be forgotten that in October Matthew Sheyn Bishop of Cork burnt St. Dominick's Image at the high Cross of Cork to the great grief of the superstitious People there The Lord Deputy in his way to Limerick lay at Castleton Roch but the Earl of Desmond being at odds with the Lord Roch would not got go thither and the Deputy was afterwards troubled that he went thither when he understood that the Lorch Roch cessed his Tenants for the Deputies Entertainment The Deputy found the Earl of Desmond and the Earl of Glencar at so great difference that they were almost ready to draw into the Field as was usual their contest was about the Bounds of Kerry viz. Whether Macarty's Lands were within the County Palatine of Kerry or not Neither were the feuds between the Butlers and Giraldines any thing less than the other October 1578. both sides had made great Preparations for Battle but the Lord Deputy interposed effectually to determine or at least suspend these Controversies and he also perswaded Desmond to take a certain Rent of his Tenants instead of Coin and Livery and he Executed twenty two Criminals at Limerick and thirty six at Kilkenny one of which was a Blackamoor and two others were Witches and were condemned by the Law of Nature for there was no positive Law against Witchcraft in those Days Moreover the Lord Deputy bound several Citizens by Recognizance of forty Pound to come to Church to hear divine Service every Sunday pursuant to the Queen's Injunctions and he advised the Bishop of Ossory to make a Rate for the repair of the Church and to distrain for it and so having punished some Townsmen of Cork and Kilmallock for abusing the Soldiers and having received the Submission of Sir James Desmond Sir Pierce Butler and all the Cavenaughs he returned to Dublin In the mean time that indefatigable Rebel James Fitz-Morris nowithstanding his Oath of Allegiance taken before Sir John Perrot at Kilmallock went over to France Camb. Eliz. 236. and having two Years sollicited that King in vain he made a more successful Address to the Pope and the King of Spain by whom being furnished with a few Men and some Money 1579. he came accompanied with the Jesuits Allen and Sanders who was also Legate and out of his three Ships Landed fourscore Spaniards and some Irish and English Papists at Smerwick in Kerry in the latter end of July 1579. Immediately they built a small Fort and drew up their Ships under it and the Legate Sanders hallowed the place and promised them success but Captain Thomas Courtny being at Kinsale with one of the Queens Ships at the perswasion of Henry Davells doubled the Point and took the three Ships in the Bay and put the Spaniards into a Pannick Fear notwithstanding the Pope's Blessing However Sir John and James of Desmond as soon as they had not notice of the Invasion hastned to their Cozen James Fitz Morris and were at first kindly received but Sir John easily perceived a coldness towards him and that the Rebels entertained some Jealousies of him because of his Familiarity with his old Friend Henry Davells and therefore to establish his Reputation with them Sullevan 95. Camb. Eliz. 237. per aliquod facinus dignum as Mr. Sullivan phrases it he basely and perfidiously Murthered his Bosom-Friend D●vells and one Carter at Traley and left a fair Caution to Posterity which has been simply and fatally neglected by those that pay dear for it at this Day however the Legate Sanders commended the Fact and said it was a sweet Sacrifice in the Sight of God The Earl of Desmond was as deep in this Rebellion as any body as is manifest from the following Confederacy WHereas the Right Honourable Garret Lib. C. Earl of Desmond hath Assembled us his Kinsmen Followers Friends and Servants about him after his coming out of Dublin and made us privy to such Articles as by the Lord Deputy and Council was delivered 〈…〉 eighth of July 1579. To be performed as also his 〈…〉 the said Articles which said Answers we find so 〈…〉 with one accord do counsel and advise the said 〈…〉 nor yield to any more than in his Letter is 〈…〉 and further the said Earl declared unto us that if he do not yield presently to the Performance of the same Articles and put in his pledges for observation thereof that then the Lord Deputy will bend his force and make War against him We the Persons underwritten do advise and Counsel the said Earl to defend himself from the violence of the said Lord Deputy that doth ask so unreasonable a Demand as in the said Articles is contained and for to defend and stick to this our Advice and Council we renounce God if we do spare Life Body Lands and Goods but will be aiding helping and assisting the said Earl to maintain and defend this our Advice against the said Lord Deputy or any
other that will covet the said Earl's Inheritance In witness whereof that this is our Counsel to the said Earl we have hereunto put our Hands the 18th of July 1578. Garret Desmond Thomas Lixnaw John Desmond John Fitz James Rory Mac Shehey Morrogh O Bryan Moriarta Mac Bryan of Loncorthe Fa K. E Fa D. K. B Theobald Burk Daniel O Brian Richard Burk John Brown Daniel Mac Canna of Dumbrain James Russell Richard Fitz Edmund Girald Vlick Mac Thomas of Ballincarrigy Vlick Burk John Fitz William of Karnederry Teig O Heyn of Chairely Nevertheless the Earl dissembled the Matter and temporized for a long time he was building a Castle when the news first came of James's Arrival and immediately he discharged the Workmen and pretending to oppose the Spaniards he sent to Mac Carthy More to summon him to assist him Mac Carthy came accordingly and shewed himself forward in the Matter but as soon as he discovered Desmond's Inclinations he took his leave and returned Nevertheless the Earl of Desmond at the perswasion of Captain Appesly was against his Will obliged to remove to Askeaton however he suffered and secretly encouraged many of his Followers to go over to the Spaniards but that did not satisfie them for when they found themselves disappointed of those great Aids that were promised them their Courage began to abate and they entertained Thoughts of returning home and undoubtedly they had done so but that James Fitz Maurice kept up their Spirits by large Promises of speedy Assistance and in order to procure it he undertook a Journey to Connaught but pretended only to go in Pilgrimage to pay his Devotions to the Holy Cross in Typerary he took with him four Horse and twelve Kerns and being come into Burk's Country in the County of Limerick Cambd. Eliz. 237. and wanting a Horse he ordered his Men to take the first they met with which they did out of a Plow of Burk's the Plowmen raise the Hue-and-Cry whereupon Sir William Burk's Sons pursued them and at length overtook them Headed by Fitz Morris with whom their Father had formerly joined in Rebellion Fitz Morris immediately calls out Coz Theodore Two Garons shall make no Breach between you and I I hope you will do as I do Burk replied He had too much of Rebellion already and had sworn the contrary and therefore would have his Horses Fitz Morris thought it dishonourable to part with what he had gotten and so to Skirmish they go which was brisk enough and ended in the slaughter of both of them Fitz Morris was quartered at Kilmallock and Sir William Burk was afterwards made Baron of Castleconnel with Joy whereof he died Upon notice that James Fitz Maurice and the Spaniards were arrived the Lord Deputy with the Army which was but four hundred Foot and two hundred Horse marched to Munster accompanied by the Marshal Bagnal Malby Wingfeild Waterhouse Fitton Masterson and others of that sort and by the Lords of Kildare Moungarret Upper Ossory and Dunboyn who brought two hundred Horse of their own besides Kern when they came to Kilmallock the Deputy sent Messengers for the Earl of Desmond and some others whom he suspected Desmond after much lingring and many vain excuses came to the Camp well attended but some of his tricks being discovered he was committed to Prison and thereupon being fearful lest all his secret Treasons and Combinations might be unravelled he so passionately humbled himself to the Deputy that upon the renewal of his oath of Allegiance he was set at Liberty In the mean time his Brother Sir John Desmond was at the head of the Rebels and encamped near Sleavelogher but the Deputy quickly feased them thence and having divided his small Army into three Parts he pursued the Irish so close that he often lay in the place where they had lain the night before nevertheless he could never overtake these light footed Enemies and therefore having destroyed the Forage he returned to Kilmallock and Encamped at Gibbings-Town and continued nine Weeks marching up and down thereabouts with very great toil but to no great purpose Only the Captains Herbert and Price being detached with two hundred Men did some Execution on the Rebels at a place called the Blackwood But in their return homeward they were surprized by an Ambush of Sir John Desmond's and themselves and most of their Company slain without any great dammage to the Irish saving that their Commander Sir John Desmond was wounded in the Nose But the Army being recruited by the arrival of the Captains 1579. Bourchier Carew and Dowdall with six hundred Men to Waterford and of Sir John Perrot with six Ships to Cork the Deputy made another incursion into Connilo but could not meet with the Rebels and so finding himself Sick he left the Army with Sir Nicholas Malby and retired to Waterford and having Knighted Bourchier Stanly Carew More Pelham Gorge Perrot and Walsh he died the last day of September 1579. The Earl of Desmond continued his Profession of Loyalty and pretended to act separately but would not by any means venture himself in the Camp or in any walled Town however he sent his only Son to be a hostage of his fidelity and the Countess brought the Child to the Deputy a little before his Death During the Interval between the Deputies sickness and the Election of a new one the Marshal Malby managed the Army which consisted of nine hundred Foot and an hundred and fifty Horse whereof he left fifty Horse and three hundred Foot with Captain Bourchier at Killmallock and marched with the rest to refresh them at Limerick After they had a little Rest the Marshal made an incursion into Connilo Cambd. Eliz. 338. and at Monaster Neva about nine Miles from Limerick he met with Sir John of Desmond and two Thousand Rebels and it came to a Battle wherein the Irish behaved themselves valiantly and with great resolution received the first and second Charge however they could not forget the known Maxim of some Men That if the Enemy wont run they will and therefore at the third Charge their Stomachs came down and their General Sir John was as nimble as any of them to shelter himself in a Bog however he left two hundred and sixty of his Myrmidons behind him who were killed upon the Spot and amongst them the famous Legat Doctor Allen. The Earl of Desmond and the Lord of Kerry from a little Hill hard by were the Melancholy Spectators of this Battle and although Desmond did the next day send a Messenger to Malby to congratulate his Victory and had put in his Son as a pledge for his Loyalty and although the Lord of Kerry's Son Patrick was a sworn Officer to the Queen in England and was now come over by her Majesties Leave only to see his Father and although all of them are of the noble Family of Fitz Girald and consequently of English Extraction yet they were so bigotted with sensless
to visit Munster where we shall find the Lord Lisle endeavouring to displace Insiquin and to give the Command of that Province to the Lord of Broghill but Insiquin was so popular in the Army that it required more time to bring this about than the Lord Lisle had to spare for his Commission determined the 15th day of April so that Insiquin kept his Government and the Lord Lisle together with his Brother Algernoon Sydney and the Lord Broghill went for England where this last and Sir Arthur Loftns impeached Insiquin but the Parliament being embroyled with the differences between the Presbyterian and Independant Parties had not leisure to mind the Accusation and so it ●ell to the Ground But on the third of May Insiquin drew out 1500 Horse and as many Foot and took Drumanna and Capoquin and on the 10th of May he took Dungarvan and if his Provisions had lasted he designed to besiege Clonmell but the want of Victuals and Carriages which has been fatal to most of the Martial Undertakings in Ireland did also force him to return to Cork whereof the Parliament of England being advertized they ordered him Thanks and a Train of Artillery But on the 29th of May he marched out again as far as Cappoquin and on the third of June Major Purdam with a detached Party took a Prey near Carrick and brought it to the Army but Captain Power who went with a Party of Horse to discover the Enemy had not so good fortune for some of them got between him and home and cut off 60 of his Men and took 12 Prisoners and so great were the wants of the Army that the Soldiers died by Scores and Insiquin was again obliged to return without doing any great Exploits in this Expedition Nevertheless being reinforced from England he marched out again in the beginning of August and met with great Success for he took Cahir by Surrender and the Rock of Cashell by Storm with great Slaughter of the Enemy whereof above 20 were Priests or Fryers and from thence he went to Carrick where he was civilly treated by the Lady Thurles and he put that whole Country under Contribution and would have besieged Clonmell if the usual want of Provisions had not hindered his design But Insiquin having on the 28th of September received a very large Recruit of some thousands of Men under the Command of the Colonels Gray Needham Temple c. did again take the Field with 4000 Foot and 1200 Horse Battel of Knockinoss and on the 13th day of November he met with the Irish Army under the Lord Taaff consisting of 7464 Foot and 1076 Horse besides Officers and gave them a total Defeat at Knockinoss there were 4000 Irish slain upon the place and 6000 Arms 38 Colours the General 's Tent and Cabinet and all their Baggage and Ammunion were taken and upon notice of it the Parliament voted 10000 l. to be sent to Munster and a Letter of Thanks and 1000 l. for a Present to be sent to the Lord of Insiquin However all this did not hinder him from sending them in January following the Remonstrance mentioned Appendix 39. and not long after he made a Cessation with the Irish as we shall see anon But the loss of the Catholick Army in Munster about three Months after the Defeat at Dungan Hill did so mortifie the Confederates and their Representatives in the General Assembly which was then Sitting at Kilkenny that they grew very desirous of a Peace if they knew where or from whom to obtain it for the King was then Prisoner in the Isle of Wight and there was no Access to him and therefore it was resolved to send Ambassadors to the Queen and Prince then in France to propose Conditions to them whereof one was to be That they should send a Roman Catholick Lord Lieutenant to Ireland and that if the Queen and Prince declined the Affair that then they should seek the Protection of some other Prince and it was also resolved to send to the Pope to inform his Holiness of the miserable State of the Nation c. Accordingly the Marquis of Antrim the Viscount Muskry and Geofry Brown were sent to France and besides their Errand to the Queen and Prince they had Instructions in reference to the Court of France to be found here Appendix 40. And the Bishop of Fernes and Nicholas Plunket were dispatched to Rome with Instructions mentioned likewise Appendix 40. There was also an Ambassador sent to Spain with like Instructions as to France Mutatis mutandis that no Stone might remain unturned that might grind the poor Protestants of Ireland In the mean time the Irish by the aforesaid loss of their Two Armies were left very naked and weak and lay expos'd to the Efforts of the next Summer and therefore did project if possible either to make a Cessation with Insiquin or the Scots And it succeeded beyond their expectation not only because the Nuncio gave his express Consent to it but because Insiquin began to be jealous that the Parliament or rather the prevailing Independent Faction aim'd at turning the Government into a Republick wherein the Nobility would lose their Privileges and their Peerage And this Notion was so well improved by the Loyal Industry of Dean Boyle now Lord Primate that it produced the aforesaid Remonstrance and prepar'd Insiquin to declare for the King upon the first Opportunity And therefore in January he sent them the aforesaid Remonstrance and not long after imprison'd some of his resisting Officers that continued firm to the Parliament and so stood ready to declare for the King Moreover it was considered that the Support of the King was a Branch of The Solemn League and Covenant which therefore Insiquin thought to be infring'd by the Votes of Non-Addresses to His Majesty and that he might be the better inform'd of other Mens sense of this Affair he sent a Messenger into Scotland since it was impossible to correspond with the Presbyterian Party in England and from the Estates of Parliament of Scotland he had full Approbation of what he had done and of the Cessation he intended to make with the Irish in order to advance the King's Service and answer the Ends of the Covenant Whereupon the Parliament voted him a Rebel and a Traytor on the Fourteenth of April 1648. And so we will leave that Affair till I come to resume it in order the next Year As for Connaught it can afford but little Matter for an Historian this Year being intirely in the Hands of the Confederates Sligo and three or four Castles only excepted Nor was there much done in Ulster that I can find most of their Forces being diverted at the Battel of Dungan-hill as hath been already related But it is mentioned in Whitlock's Memoirs pag. 254. That Sir Charles Coot gave the Rebels a great Defeat and killed 1000 of them but where or how I cannot find Finally In this Year was published a most Treasonable