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 and from England Fifthly That a certain Fund be appointed for their Pay Sixthly That at the King's Charge he might have a Family or two out of every Parish in England to inhabit Ireland Seventhly To have Power of granting Benefices and of making a Deputy And Lastly That the Demesnes of the Crown may be resumed and the Acts of Absentees may be executed The Lord Lieutenant within a Week after he came to Dublin caused the Earl of Kildare and three of his Family to be arrested and suffered the Earls Goods to be rifled and spoiled by the Duke's Servants and kept the Earl himself in Prison in Dublin Castle until he paid three hundred Marks It is recorded that the Lord Lieutenant was desperately wounded in an Encounter at Kilmainham and hardly escaped with Life but it is not mentioned how nor by whom but it seems he design'd to revenge it and to make a general Hosting for he made Proclamation that all such as ought by their Tenures to serve the King should assemble together at Ross He also held a Parliament at Kilkenny for a Tallage to be granted but what Success he had in these Assemblies is not so manifest as it is that he went to England on the 13th of March leaving Thomas Butler 1409. Prior of Kilmainham his Deputy in whose time the King gave the Sword to the City of Dublin and changed their PROVOST into a MAYOR and not long after the Barbarous Mac Gilmore being routed and pursued by the Savages fled to the Church of the Friers Minors at Carigfergus which he had formerly defaced but they got into the Windows whence this Tory had formerly taken the Iron Bars and there they put an end to his Villany and his Life In Vlster Jenico de Artois the famous Gascoigne behaved himself briskly and slew eighty of the Rebels in a Skirmish he had with them But on the twenty first of May or rather the thirteenth of June the Parliament began at Dublin 1410. and made it Treason to take Coyn and Livery Lib. D. and on the tenth of July the Lord Justice took the Castles of Mibraclide in Offerol and De-la-mare It seems he proceeded to invade O Birns Country with fifteen hundred Kerns or Irish Souldiers and the Consequence was that they betrayed him and half of them went over to the Enemy so that it had gone hard with the Lord Justice if the Power of Dublin had not been there and yet he escaped not without loss for John Derpatrick was there slain The next Year was probably more quiet 1411. for there is nothing recorded of it except some considerable Marriages amongst the Grandees On the tenth of April 1412. O Connor did much Mischief in Meath and took an hundred and forty English and O Tool and Thomas Fitz-Maurice Sheriss of Limerick kill'd each other in a Duel About this time the King granted the Town and Ferry of Inishonan Lib. G. to Philip de Barry and it is to be noted that almost in every Parliament holden in England during this Reign the danger of Ireland is remembred although very little was done for it because of the frequent Troubles in England and so we come to the 20th day of March on which the King died at the Abbot of Westminster's House in the fourteenâ—h Year of his Reign and of his Age the forty seventh He died so very poor that his Executors refused to administer and therefore the Archbishop of Canterbury who is Ordinary to the Court where-ever it is exposed the Kings Goods to Sale and King Henry the Fifth bought them for the value to be paid the Executors to be disposed of according to his Fathers Will Rolls Abr. 906. but it seems he never paid the Money for it was afterwards ordained in Parliament 4 Inst 335 that the Executors should not be sued by the Creditors The Bishop of Meath is said to have been Lord Justice about the Year 1402. But because I do find him omitted by others and do not find that he did any thing worth mention I have therefore not inserted him as Lord Justice in Order THE REIGN OF HENRY V. King of England c. And LORD of IRELAND HENRY the Fifth succeeded his Father without any opposition and all the Nobility taking it then for a Law that the Crown belonged to the Heir of him that died last seized swore Homage and Allegiance to him before Coronation 1412. which was not usual in those days but this Magnanimous Prince was so taken up with Designs against France that Ireland was but little regarded in his Reign For the present He continued in the Government Thomas 1413. Prior of Kilmainham who did not long remain therein before he surrendred unto Sir John Stanly Lord Lieutenant he Landed at Clantarf the 7th of October and on the 6th of January after died at Ardee whereupon on the 11th of February the Nobility elected Thomas Crawly Lord Justice He was twice Chancellor and then Archbishop of Dublin and was a Man of fingular Piety and Learning and it is to be noted That the Parliament sate at Dublin the 26th of February so that it could not have above fifteen days of Summons though the Day of the Lord Justice his Admittance to the Government and the Day of the Session be included the Irish burnt the Pale during this Parliament as they used to do and therefore a Tax or Tallage was demanded but not granted and so that Parliament was dissolved after it had sate fifteen Days However 1414. the valiant Jenico de Artois invaded the Territory of Macgenis but was so unfortunate to lose many of his Men at Inor whereupon the Irish grew so insolent that the Lord Justice was necessitated to go out in person However he went no farther than Castledermond and there entrusting the Army with the Military men he remained with his Clergy in Procession and at Prayers for the Success of his small Army and the Event answered his expectation for the English slew an hundred of the Irish near Kilkea but that small Victory was soon over-ballanced by a Defeat which the English of Meath received from O Connor on the 10th of May to the Loss of Tho. Maureverar Baron of Shrine and many others and to the imprisonment of Christopher Fleming and John Dardis This Loss discovered the necessity of sending a Martial Man to the Government of Ireland and therefore on the 10th day of September Sir John Talbot Lord Furnival Lord Lieutenant Landed at Dalkye and immediately made a Circular Progress round the Pale in warlike manner He began with the Birns Tools and Cavenaghs on the South and so passing to the O Moors O Connors and O Ferrals in the West and ending with the O Relyes Mac Mahons O Neals and O Hanlons in the North he brought them all to the Kings Peace but he brought no Forces with him out of England and therefore though he had Strength enough to
to the Lord Justice 1422. whose Servants were on the Seventh of May attacked and defeated by the Irish Purcel Grant and five and twenty English more were slain and ten taken Prisoners and two hundred escaped to the Abby of Leix and to revenge this the Lord Justice invaded O Mores Country and defeated his terrible Army in the red Bog of Asby he relieved his own Men and burnt and preyed the Rebels Lands for four days until themselves came and sued for Peace And it seems O Dempsy notwithstanding his Oath of Obedience invaded the Pale and took the Castle of Ley from the Earl of Kildare which the Lord Justice had justly restored to the Earl whereupon Campion makes a severe Remark on the Irish That notwithstanding their Oaths and their Pledges they are no longer true than they feel themselves the weaker In the mean time Mac Mahon play'd the Devil in Vrgile and burnt and spoil'd all before him Camp 97. but the Lord Justice also revenged that Prank and forced Mac Mahon to submit and many other Noble Exploits did this good Governor for whose Success the Clergy of Dublin went twice every week in solemn Procession praying for his Victory over those disordered Persons which now in every Quarter of Ireland had apostatiz'd to their old Trade of Life and repined at the English And when I have mentioned a Deed made 9 Hen. 5. which is to be found Lib. GGG 24. at Lambeth whereby this Earl of Ormond constituted James Fitz-Girald Earl of Desmond his Seneschal of the Baronies or Signiories of Imokilly Inchicoin and the Town of Youghal during his Life I have no more to add but that this Victorious King after he had conquered France submitted to the common Fate on the last Day of August 1422 in the Flower of his Age and the Tenth Year of his Reign THE REIGN OF HENRY VI. King of England c. And LORD of IRELAND HENRY the Sixth was but nine Months old at the Death of his Illustrious Father 1422. and therefore the deceased King had by his last Will appointed John Duke of Bedford to be Regent of France Humphry Duke of Glocester to be Governour of England and Thomas Duke of Excester and Henry Bishop of Winchester to be Guardians of the Young King's Person All which was duly observed and the Infant King was proclaimed in Paris and the Nobility that were there swore Allegiance to him James Earl of Ormond continued Lord Lieutenant of Ireland and upon a Petition preferred by the House of Commons to the King about the manifold Murders Robberies Rapes Riots and other Misdemeanours committed by the Irish in England Lib. M. it was enacted there That all Persons born in Ireland should quit England within a time limited except Graduates in either University Clergymen beneficed those that have Land in England or are married there or those whose Parents are English and even such are to give Security of their good Behaviour And not long after came over Edmond Mortimer 1422. Earl of March and Vlster Lord Lieutenant He died afterwards of the Plague at the Castle of Trym which was his own Inheritance And in his stead came John Lord Talbot 1425. Lord Justice In whose time the Barretts a Family of good account near Cork did by Indenture covenant to be obedient to the Earl of Desmond who was exceeding Powerful and lorded it over great part of Munster with a high Hand This Governour resigned to James Earl of Ormond 1426. Lord Justice In whose time John Duke of Bedford 4 Instit 360. Regent of France obtained a Patent for all the Mines of Gold and Silver within England Ireland c. rendring to the Church the tenth Part to the King the fifteenth Part and to the Owner of the Soil the twentieth part And then Sir John de Gray 1427. Lord Lieutenant landed at Hoâ—th the thirty first of July and was sworn the next Day but no mention is made of any thing he did but that he went for England and left Edward Dantzy Bishop of Meath 1428. his Deputy He was for a time Treasurer of Ireland and dyed the fourth of January 1428. Upon Notice whereof Sir John Sutton Lord Dudly was sent over Lord Lieutenant He held a Parliament in Dublin Friday next after the Feast of All Saints 1429. at which it was enacted That the Sheriff upon Pain of Amercement should add to the Panel of Jurors the Place Estate and Mistery of every Juror And in the Preamble to this Act the Lord Lieutenant is Styled The Right Noble and Right Gracious Lord. And on the sixth of the same November the King was crowned at Westminster And soon after the Lord Lieutenant returned and left Sir Thomas Strange 1429. Lord Deputy in whose time the King was crowned at Paris 1431. and took the Oaths and Homage of the Nobility and People there And now happened the famous Case of the Prior of Lanthony which was That a Judgment in the Common Pleas being removed to the Irish Parliament was affirmed there Whereupon a Writ of Error was sent from England but the King's Bench in England would not take cognizance of a Judgment in the Parliament of Ireland to reverse it And therefore the Prior petitions the King That the Record may be transmitted to the House of Lords in England to be examined there Sir Thomas Stanly was made Lord Lieutenant of Ireland 1432. and it seems that he called a Parliament which enacted two Statutes that were afterwards repealed by 11 Jac. 1 cap. 5. And then he went to England leaving Sir Christopher Plunket Lord Deputy 1432. he was afterwards Baron of Killine in Right of his Wife Heir of the Cusacks and his second Son became Baron of Dunsany But Sir Thomas Stanly 1435. Lord Lieutenant returned and gave a Check to the Irish who were insolent beyond Measure and incroaching everywhere on the Pale making the best Advantage of the King's Minority and the Absence of the Military Men in France but the Lord Lieutenant with the Power of Meath and Vriel took Moyle O Donel Prisoner and slew a great many of the Irish And afterwards about Michaelmas he went again to England and left Richard Talbot Archbishop of Dublin 1436. Brother to the Earl of Shrewsbury Lord Deputy he was sometime Lord Chancellor of Ireland and was elected Primate of Armagh but he refused to change his Bishoprick Lion Lord Wells 1438. Lord Lieutenant in whose time a second Law was made in England Lib. M. obliging the Irishmen to return into their Native Country And another Statute was made in Ireland to stop the Passage of any more into England And on the twelfth of June 17 Hen. 6. Robert Fitz-Geofry Cogan granted all his Lands in Ireland being half the Kingdom of Cork to James Earl of Desmond and gave a Letter of Attorney to put him in Possession of Kyrrygrohanmore Lib. G. Downdrinane
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 Couâ—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 Caâ—ton chron And it seems Thomas fitz-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
pain of loss of Life Lands and Goods that never any of them do make War upon another without Licence or Commandment of you my Lord Deputy and the Kings Council for the utter destruction of these parts is that only cause and once all the Irishmen and the Kings Enemies were driven into a great Vally called Glanehought betwixt two great Mountains called Maccorte or the Leprous Island and there they lived long and many years with their White-Meat till at the last these English Lords fell at variance among themselves and then the weakest part took certain Irishmen to take his part and so vanquished his Enemy and thus fell the English Lords at variance among themselves till the Irishmen were stronger than they and drave them away and now have the whole Country under them but that the Lord Roch the Lord Courcy and the Lord Barry only remain with the least part of their Ancestors Possessions and young Barry is there upon the Kings Portion paying his Grace never a penny of Rent wherefore We the Kings poor Subjects of the City of Cork Kinsale and Youghal desire your Lordship to send hither two good Justices to see this Matter ordered and some English Captains with twenty Englishmen that may be Captains over us all and we will rise with them to redress these Enormities all at our own Costs and if you do not we be all cast away and then farewel Munster for ever and if you will not come nor send we will send over to our Liege Lord the King and complain on you all However I will not pretend to be exact in the timing of this Letter This Lord Lieutenant had a Son born at Dublin well known afterwards by the Name of George Duke of Clarence to whom the Earls of Ormond and Desmond were Godfathers and thereupon Desmond grew so insolent and haughty that his Oppressions were the chief Cause of the aforesaid Letter from Cork but it is probable that the Lord Lieutenant return'd to England and left James Earl of Ormond afterward Earl of Wiltshire 1451. and Lord Treasurer of England Lord Deputy in whose time Sir John Talbot was made Lord Chancellor of Ireland and it seems Complaint was made against him because he put in a Deputy in his room absque Regis licentia Lib. CCC This Lord Deputy was made Lord Lieutenant and went for England leaving John Mey Archbishop of Armagh Lord Deputy 1453. wherewith the Government of England being dissatisfied a Writ was sent to the Earl of Ormond commanding him Quod circa praemissis intenderet I suppose the Reason might be because there was a Necessity for the Presence of a Military Governour of Power and Authority in that Kingdom to repel the daily Incursions of the Irish into the Pale and therefore Ormond not being willing to come over the Government was committed to Thomas Earl of Kildare 1454. Lord Deputy who held it only until the arrival of Sir Edward Fitz-Eustace Lord Deputy to the Duke of York Who held a Parliament in Dublin at which it was enacted I. That all Statutes against Provisors in England or Ireland should be held in Force II. That Inquests before Coroners shall be discharged after a second Verdict that they do not know the Felon III. That no Appeals shall be to England except for Treason against the King's Person and in all false Appeals the Plaintif shall pay Damages and twenty Pound and one hundred Shillings Fine In the mean time the Duke of York in England obtained a famous Victory over the King's Forces at S. Albans where the Duke of Somerset was slain and the King himself was wounded in the Neck and afterwards on the ninth of July he was made Protector of the King's Person by Parliament And in Ireland Thomas Earl of Kildare was Lord Deputy to the Duke of York 1455. and held a Parliament at Dublin wherein it was enacted I. That no Exigents nor Outlawries be made by Commissioners II. That the Recorder of Dublin and Drogheda shall have but two Pence for every Plaint III. That every Man shall answer for his Sons and waged Men. IV. An Act about Escheators V. That a Parliament should be held every Year And he held another Parliament at the Naas Lib. M. 48. Friday after All Saints which enacted I. That all Strangers pay forty Pence per Pound Custom for transporting Silver II. That every Man shall answer for his Sons except in Cases Capital III. That no Person not amesnable to Law shall distrain without Licence on pain of forfeiting his Title And he held another Parliament at Dublin Friday after the Purification at which it was established I. That Beneficed Persons should reside II. That the Inhabitants to enclose the Village might remove the High-way forty Perch Richard Duke of York 1459. upon the Revolt of Andrew Trollop and the Callicians broke up his Army and fled first to Wales and afterwards to Ireland where he was kindly received and by his Deputy the Earl of Kildare he held a Parliament at Dublin the third of February which enacted That Warrants to the Chancellor bear the Date of the Delivery and that the Patents be of the same Date or else be void And the same Day twelve month he held another Parliament at Drogheda 1460. wherein it was enacted That no Man should sue in the Exchequer but a Minister of that Court on pain of ten Pound This Duke and his Abettors were in a Parliament at Coventry declared Traytors and thereupon the Earl of March came to his Father into Ireland and soon after returned to Calice and thence invaded England at Sandwich and on the ninth of July he fought and defeated the King at Northampton and took him Prisoner whereupon the Duke of York went to England and called a Parliament in the King's Name and in that Parliament boldly claimed his Title and so it was enacted That King Henry should keep the Crown during his Life and the Duke should be declared Heir apparent and in case of Opposition or farther Bustle about it should have present Possession But not long after the Duke was defeated and slain at the Battle of Wakefield This Duke behaved himself exceeding well in Ireland he appeased the Tumults there and erected Castles on the Borders of Louth Meath and Kildare to stop the Irish Incursions and was so well esteemed in that Kingdom that Multitudes of the Irish Subjects attended him into England to pursue his Claim to the Crown Nevertheless the Publick Revenue was but very low because the whole Kingdom was in Possession of the Irish except the Pale and some few Places on the Sea-Coast in Vlster and even that was so far from being quiet that they were fain to buy their Peace by yearly Pensions to the Irish and to pay Tribute and Contributions to them for Protection which nevertheless was but very ill observed to the English It cannot be expected I should give the Reader an exact
List of all that did pay this scandalous Contribution Lib. P. 174. and yet I am not willing to conceal from him the Account I have met with which is as follows lib. The Barony of Lecale to O Neal of Clandeboy per annum 20 The County of Vriel to O Neal 40 The County of Meath to O Connor 60 The County of Kildare to O Connor 20 The King's Exchequer to Mac Morough 80 Marks The County of Wexford to Mac Morough 40 The Counties of Kilkenny and Typerary to O Carol 40 The County of Limerick to O Bâ—â—an 40 The County of Cork to Mac Carty of Muskry 40 And whilst the English were engaged in England the Irish advantaged themselves of the Opportunity and without Colour of Right usurped many considerable Estates as they had done before in the time of Richard II and these two Seasons set them so afloat that they could never since be cast out of their forceable Possessions holding by plain Wrong the most part of Vlster and upon very frivolous Pretences great Portions of Laâ—d in Munster and Connaugh And so we are come to the end of this unfortunate Reign which determined some Years before the King's Life for he did not dye until the twenty first Day of May 1472. And it must not be forgot That one of the Articles against this King was That by the Instigation of divers Lords about him he had wrote Letters to some of the Irish Enemy whereby they were encouraged to attempt the Conquest of the said Land of Ireland THE REIGN OF EDWARD IV. King of England c. And LORD of IRELAND EDWARD Earl of March 1460. Son and Heir of Richard Duke of York immediately after his Fathers Death at the Battle of Wakefield betook himself with all Diligence to gather an Army near Shrewsbury and having got twenty three thousand Men together on the second of February he defeated the Earls of Ormond and Pembrook near Mortimers-Cross and killed three thousand eight hundred of their Soldiers and although the Queen not long afterward defeated the Earl of Warwick at Bernard-Heath near S. Albans yet he wisely made slight of that Misfortune and without any Regard to it marched directly to London where on the fourth Day of March by vertue of the aforementioned Act of Parliament he was proclaimed King by the Name of Edward the Fourth He was as to his Person the goodliest Man of his Time and he was not less Valiant than beautiful On the twelfth of March he advanced against his Enemies and on Palm-Sunday with an Army of forty thousand and six hundred Men he encountred with sixty thousand and obtained so great a Victory that thirty six thousand seven hundred and seventy two of his Adversaries were slain And so being safe in his Throne 1461. he thought it time to put the Crown upon his Head which was solemnly performed on the twenty eighth Day of June In the mean time Thomas Earl of Kildare was on the thirtieth of April chosen Lord Justice by the Council of Ireland and continued so until Sir Rowland Fitz-Eusâ—ace 1462. Lord of Portlester and Treasurer was appointed Deputy to the Duke of Clarence He held a Parliament at Dublin Friday before S. Luke's Day which enacted That ten Pound per annum Davis 96. be received out of the Profits of the Courts to repair the Castle hall It seems that one William O Bolgir was made Denizen about this time Lib. G. and that on the fourth of May 1463. Robert Barnwal was made Baron of Trimlets-Town and it must not be forgot That the Earl of Ormond was beheaded at Newcastle and attainted by Parliament in Englaâ—d ◠〈◊〉 4. and that that noble Family was in Disgrace all this â—eâ—gn for their firm adhesion to the House of Lancaster This Lord Justice was long after this in a very old Age made Viscount Baltinglass by King Henry VIII and now was forced to resign to George Duke of Clarence the King's Brother who was made Lord Lieutenant for Life and deputed his Godfather Thomas Earl of Desmond Lib. M. Lord Deputy in whose time Mints were established at Dublin Trim Drogheda Waterford and Galway to coyn Groats two Penny pieces Pence Halfpence and Farthings And not long after it was ordered That English Mony should advance a fourth Part in Ireland viz. That an English Nine Pence should pass for a Shilling in Ireland and a Shilling for sixteen Pence and so proportionably And it seems the Gold Noble coyned in the time of Edward III. was inhanced higher than the rest for it was ordered to pass for ten Shillings And this was the first time any difference was made in the value of Mony between England and Ireland This Lord Justice held a Parliament at Weys Friday before S. Martin's Day 1463. which the Thursday after was adjourned to Waterford to be held the Monday following It was again on Saturday before the Feast of Edward the Confessor adjourned to Naas Irish Statutes 19. to be held Monday before S. Matthias Day and thence on the Friday after it met there it was adjourned to Dublin to be held Monday before S. David's Day and there on the Saturday after it was dissolved having first enacted I. That all Parliament Men should have Priviledge forty Days before and forty Days after every Sessions And II. That the Attorneys Fees be regulated And III. That clipped Mony should not be currant He held another Parliament at Trim 1465. on Wednesday after S. Lawrence his Day at which it was enacted I. That the like Challenge may be had against the Feofee as against cestuy que use II. That any Body may kill Thieves or Robbers Repealed 11 Car. 1 c. 6. or any Person going to rob or steal having no faithful Men of Good Name in English Apparel in their Company III. That the Irish within Pale shall wear English Habit take English Names and swear Allegiance upon pain of forfeiture of Goods IV. That English and Irish speaking English and living with the English shall have an English Bow and Arrows on pain of two Pence V. That there be a Constable and Butts in every Town And Lastly That no Foreign Vessels fish on the Rebels Coast on pain of Forfeiture And every one that fisheth on the Coast of the Pale to pay a Duty But this Lord Justice who was the greatest Man that ever was of his Family began now to decline in the King's Favour and was obliged to give place to John Lord Tiptoft 1467. Earl of Worcester Treasurer of England and Constable of England for Life Lord Deputy of Ireland he was one of the most learned and eloquent Men in Christendom and held a Parliament at Drogheda At which it was enacted I. That the Governour for the time being may pass into Islands II. That none shall purchase Bulls for Benefices from Rome under great Penalty III. That the King's Pardon to Provisors be void IV. That the
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
and Language and not to forestal the Markets of Limerick nor correspond with the Irish And so we come to the Parliament which began at Dublin on the first Day of May and on the last Day of that Month was adjourned to Kilkenny and did there sit the twenty fifth Day of July and on the twenty first was adjourned to Cashel and on the twenty eighth was from Cashel adjourned to Limerick and there it sat on the second of August and continued until the nineteenth and then was adjourned to Dublin to meet the fifteenth Day of September and so after several Prorogations it was finally dissolved the twentyeth Day of December 1537 and enacted as followeth I. The Attainder of the Earl of Kildare and his Complices This Act recites all their Treasons and Retrospects to the eighth Day of July 20 Hen. 8. II. The Parliament reciting That Ireland is appending and belonging to the Crown of England doth make void and nullifie the King's Marriage with the Princess Katharine his Brother's Wife and doth ratifie the Divorce judicially made between them by the Archbishop of Canterbury It also confirms the King's Marriage with Anne Bullen and prohibits Marriage within the Levitical Degrees and orders that Persons so married shall be divorced and their Children after such Divorce shall be illegitimate Then it entails the Crown on the King's Heir Males by Queen Anne and for want of such to his Heirs Males by any other Wife and for want of such to the King's Heirs Female by Queen Anne and particularizes the Princess Elizabeth and the Heirs of her Body c. And that it shall be Treason to Write or Act against the aforesaid Marriage or the Settlement of the Crown and Misprision of Treason to speak against either of those things and deprives the Offenders of Benefit of Sanctuary it makes the Queen and such Counsellors as the King shall appoint Guardians of the Infant King or Queen if it so happen till their respective Ages of sixteen if a Queen and eighteen if a King and prescribes an Oath for the Observation of this Settlement to be taken by the Subject and makes it Misprision of Treason to refuse it III. The Act of Absentees recites the Inconveniences that have happened by reason of the Absence of those that have Estates in Ireland and then vests in the King the Honours and Estates of the Duke of Norfolk the Lord Berkly the Earl of Waterford and Shrewsbury the Heirs General of the Earl of Ormond the Abbot of Furnes the Abbot of S. Augustins of Bristol the Prior of Christ-Church of Canterbury the Prior of Lanthony the Prior of Cartinel the Abbot of Kentesham the Abbot of Osny the Abbot of Bath and the Master of S. Thomas of Dacres 4 Inst 354. And it was resolved anno 1612. That the Earl of Shrewsbury did lose the Title of Earl of Waterford and Viscount Dungarvan by this Statute Nevertheless he had a very good Recompence in England for his Losses in Ireland And it is not unworthy our Remembrance How this Statute came to be made and the Occasion was thus The King being inclined to make Mr. Ailmer who was then Lord Chief justice of the Common Pleas Lord Chief Justice of the King's Bench the Earl of Shrewsbury at the instance of some of his Tenants in Waterford or Wexford opposed his Preferment alledging That Ailmer was a silly fellow and unfit for such a Place whereupon the King repremanded the Lord Cromwel for recommending such a Coxcomb to him the Lord Cromwel begs the King to discourse with Ailmer assuring his Majesty That he was misinformed The King consented and Ailmer being come the King asked the true reason of the Decay of Ireland Ailmer Answered That it was because the Estated Men who used to Reside and Defend their own Estates and countenance their Tenants did now generally dwell in England and left Ireland a Prey to the Natives But that if his Majesty would oblige the Estated Men to Residence or seize their Estates to his own use he would soon find a Reformation The King tickled with this Advice gave Ailmer Thanks and assured him Care should be taken of it next Parliament IV. A Suspension or Repeal of Poyning's Act pro hac Vice V. That the King his Heirs and Successors be Supreme Head on Earth of the Church of Ireland and shall have Power to reform redress c. Heresies Errors and Offences c. And that his Commissioners shall take no Proxies for their Visitations but convenient Meat Drink and Lodging on pain of four times the value VI. That there shall be no Appeals to Rome on Pain of Premunire and that the Chancellor with the Consent of the two Chief Justices the Master of the Rolls and the Vice-Treasurer or any two of them may assign Delegates to Hear and Determine all Appeals to the Chief Governour VII An Act against slandering the King or Queen or their Title c. And that those guilty of High Treason shall not have the Benefit of Sanctuary and that Treasons committed beyond Seas may be tried in Ireland and that all Estates of Inheritance ergo Estates Tail shall be forfeited for High-Treason VIII That the Clergy shall pay Annates or First-Fruits i.e. a Years Profit and shall pay or compound before Possession The Chancellor Master of the Rolls and Vice-Treasurer or any two of them whereof the Vice-Treasurer to be one or any others commissioned by the King may compound and give Instalments That the Bonds for First-Fruits shall have the Effect of Bonds of the Staple and eight Pence to be paid for a Bond and four Pence for an Acquittance and no more IX An Act to vest in the King Sir Walter Delahide's Lands in Carbry in the County of Kildare X. That if the Robber or Felon be found Guilty upon an Indictment by means or Prosecution of the Party robbed that then he shall have Restitution as if it had been done upon an Appeal XI An Act to suppress all Tributes Pensions and Irish Exactions claimed by the Irish from Towns or Persons for Protection XII An Act against the Pope to suppress his Usurpations and that it shall be Premunire to defend or assert his usurped Authority or Jurisdiction and that all Persons Ecclesiastical or Lay That have Office or Benefice c. shall take the Oath of Supremacy mentioned in the Act and the Refusal of that Oath shall be Treason It seems there was much Difficulty to get this Act and the former Act for the King's Supremacy to pass both Houses many of the Clergy opposing them stifly until the Archbishop Brown made the following Speech which being well sconded by Justice Brabazon so startled the rest that at length both Bills passed The Archbishop's Speech was thus My Lords and Gentry of his Majesty's Kingdom of Ireland BEhold your Obedience to your King is the observing of your Lord and Saviour Christ Bish Brown's Life 7. for He that High-Priest of our
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 Cooâ— 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 maâ—â—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
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 exerâ—â—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 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
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 Rosâ—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
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
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
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
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 â—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 Calixâ—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 Peterâ— 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
Quod Justic nec aliquis alius Minister de caetero det alicui custodiam vel maritagium alicujus haeredis ad regem pertinentis nec pardonet debita Regis seu fines amerciamenta vel catalla forisfacta sed quod Justiciarii alii Ministri hujusmodi custodias maritagia vendant aliud comodum Regis inde fac juxta discretiones suas Item Quod Vic. Coronatores de caetero eligantur per Communitates Comit. non alio modo quod catalla forisfacta remaneant in custodia Villar Item Quod Justic seu aliquis alius Minister non recipiet aliquem magnatem in pleg vel manucaptor versus Dominum regem nisi quatenus pro commodo Regis viderint faciendum Item Quod Justic obsides pro conservatione pacis sive liberatos in carceris Domini Regis fac salvo custodire ad sumptus suos proprios quod si ipsi qui posuerunt hujusmodi obsides conditiones conventiones quas fecerunt non observent Justic faciant Judicium de hujusmodi obsidibus Item Quod Justic seu aliquis Magnus Hibern non concedat protectiones alicui contra pacem Regis existent Item Quod nullus Minister Regis de caetero recipiatur in pleg vel manucaptorem versus Dominum Regem Item Quod fines de vaccis de caetero pro redemptione non capiantur sed denarii Item Quod Treuga capta capienda inter Anglicos Hibernicos de caetero observetur quod neutra pars damnum alteri durante hujusmodi Treuga inferat si fecerit pro felone habeatur Item Quod nullus ut lagatus in Gildabili receptetur infra libertates nec e converso inde fiat Ordinatio per Justic alios Ministros Dominos libertatum Item Quod Vic. alii Ministri computent quolibet anno semel ad minus si comode fieri poterit Item Quod Seneschallus alicujus Domini in Hibern non ponatur in aliquo Officio Regis Item Quod Thes vel aliquis alius Minister Regis ubi ipse intendere non potest supervideat quolibet anno castra Regis statum eorundem quod emendare fac defectus eorundem Item Quod vic in Turnis quae faciunt de Brevibus Domini Regis ponant nomina sua ita quod quilibet Vic. de exitibus forisfacturis aliis proficuis quae requiruntur sub nomine Vic. oneretur ad Scac. pro tempore suo proprio Item Quod extranei non assignentur Collectores Custumorum Regis sed Burgenses Villarum ubi tales Custumae colligi debent assignentur ad eas colligendas hoc fiat de potentioribus discretiorbus Item Quod Justic fac inquirere quolibet anno de Ministris Domini Regis eorum factis quod puniat delinquentes pert concilium avisamentum Canc. Thes aliorum de concilio Regis amoveat insufficientes Item Quod nullus manuteneat neo ducat Kernes nec Gentes vocat Idle men nisi in Marchis suis propriis ad custus eorundem nec faciat prizas Item Quod omnes Ministri Regis qui tenentur ad computandum non habent Terras seu Tenementa sufficientia in Hibernia invenient manucaptionem in Hibern ad respondendum Regi de compotis suis ibidem Item Quod habentes Terras Tenementa in Hibernia tam religiosi quam alii praemuniantur quod resideant in iisdem si sint in Marchis vel alibi vel ponent sufficientem Custodiam pro conservatione pacis in iisdem citra Fest S. Petri ad vincula prox futur si non fecerint quod Rex in eorum defectum Terras Tenementa illa in manum suam capiet de sufficiente custodia eorundem ordinabit Item Quod nullus cujuscunque status seu conditionis manuteneaâ— foveat nec defendat Hibernicos seu alium quemcunque contra pacem Domini Regis insurgentem si aliquis sic fecerit inde convictus fuerit pro Felone habebitur c. And at the same time the King sent another Writ Prin 269. commanding them to observe the Law of England in case of wardships without regard to the Custom or Usage of Ireland In July the Irish razed the Castle of Bunratty to the ground but in lieu of that 1332. the English on the 8th of August took the Castle of Arcklow and re-edified it They had also the good fortune to defeat the O Bryans Mac Carthyes and other Irish in Munster and to kill a great many of their Men and they also took the Castle of Coolmore The Irish Hostages that were kept at Limerick and Nenagh made notable Attempts to surprize and seize both those Castles and they pursued the Project so far as to get both of them into their possession but the English were resolved to regain them which they perform'd in a very short time and the Hostages at Limerick were put to death for their Treachery and those at Nenagh were still kept in durance But the O Tools of Leinster made a more successful Attempt on the Town of Newcastle in the County of Wicklow for they not only took it but also burnt it In the mean time Cottons Rec. 9. at the English Parliament holden in September principally for the Affairs of Ireland and the Kings Expedition thither it was fully agreed that the King should pass to Ireland in person Ibid. 10. and that in the mean time a Power should be sent to that Country and Commandment was given that all such as have Lands there should repair thither for defence of that Kingdom and that all such Learned in the Law as shall be sent as Justices or otherwise to serve in Ireland shall have no Excuse and that Search be made amongst all the Kings Records to see what hath been done for the Amendment of the Irish Lib. Z Z. And soon after a Writ was sent to William de Burgo and others to attend the King to consult of his Voyage to Ireland but because the time of year did not serve for the Kings Voyage nothing more was done than that the Lord Justice was recalled in November and in February after came over Sir John Darcy Lord Justice to whom the King gave the Mannors of Louth and Ballyogany which Simon Earl of Eu had forfeited by adhering to the French King Soon after his coming the Birminghams took a Prey of two thousand Cows from the O Connors in the County of Sligo But this small Success was quickly over-ballanced by a great Misfortue 1333. for William Burk Earl of Vlster was on the 6th of June basely murdered by his own perfidious Servants at Carigfergus whereupon his Wife and only Daughter sailed to England the Daughter was afterwards Married to the Duke of Clarence and had one only Daughter who was Wife to Roger Mortimer Earl of March and Lord of Trim And from her the Earldom of Vlster and Lordship of Connaught came by descent to be
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 Clarenâ—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
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 sâ—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 petiâ—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 â—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 ejusâ—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. nosâ—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 depaâ—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
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
England There was also another Petition for a free intercourse of Trade between Ireland and Portugal Ibid. whereunto the King gave a Gracious Answer And it seems that the State of England was intent upon the Recovery and Improvement of Ireland for Sir Nicholas Dagworth was sent thither to survey the Possessions of the Crown Davis 201 and to call the Officers of the Irish Revenue to account and the more to humour the Irish who thiink themselves disgraced when ignoble Men are put in the highest Authority over them Edmond Mortimer Earl of March and Vlster Jan. 24. 1380. was sent over Lord Lieutenant Sometime before he came viz. in Jun. 1380. the French and Spanish Gallies which did much Mischief on the Coasts of Ireland were by the English Fleet forced to retire into the Harbour of Kinsale where they were assailed and vanquished by the English and Irish so that their Chief Captains were taken Paâ—ata Hiberniae 360. and four hundred of the Enemies slain there were also taken four of their Barges and one Ballenget and one and twenty English Prizes were recovered I cannot find but that Ireland was pretty quiet during the Government of this Lord Lieutenant which did not continue very long for he died at St. Dominicks Abby near Cork on the 26th of December 1381. and the next day John Cotton then Dean of St. Patricks Ware de Praesulibus 28. and Lord Chancellor afterwards Achbishop of Armagh was chosen and sworn Sord Justice 1381 in the Convent of Preaching Friars at Cork Pryn 309. but it seems he did not long exercise that Office for in Mr. Prins Animadversions on the 4th Institut we find a Writ Dated the 29th Day of March anno 1382. viz. 5 R. 2. Directed to Roger Mortimer Earl of March Lord Lieutenant of Ireland whereby he is directed to call a Parliament there for the good Government of that Country and the support of the Kings great Charge and Expence but it is probable that this young Lord could not manage that unruly Kingdom and therefore Philip de Courtny the Kings Cousin was sent over Lord Lieutenant 1383. he had a great Estate in Ireland and therefore was the fitter for that Government He came over on good terms for he had a Patent to hold that Office for ten years nevertheless he behaved himself so ill Lib. M. Lamb. that he was not only superseded but also was arrested whilst he was Lord Lieutenant and afterwards grievously punished for the wrongs and oppressions he had done in Ireland Davis 201. In his time hapned a great Mortality called the Fourth Pestilence and upon the removal of him the Government of Ireland was given to the great Favourite of that Age Robert de Vere Earl of Oxford afterwards Marquess of Dublin Decemb. 1384. and Duke of Ireland Lord Lieutenant The English Parliament to get rid of him gave him a Debt of thirty thousand Marks due from the French King upon condition that after Easter he should pass into Ireland to recover the Lands the King had given him there he had five hundred Men at Arms at twelve pence per diem and a thousand Archers at six pence apiece a day appointed him for two years super conquestum illius Terrae He was trusted with the whole Dominion of the Realm during his Life without paying any thing therefore or making any Account for it He had Power to pass all Writs under his own Test and to place and displace all Officers how great soever even the Chancellor Treasurer Admiral c. and to name his own Deputy and all other Ministers And it seems that he had afterwards a larger Patent 4th Instit 357 9 Rich. 2. whereby the King granted him Totam Terram Dominium Hiberniae Insulas eidem Terrae adjacentes ac omnia Castra Comitatus Burgos Villas Portus Maris c. una cum Homagiis Obedientiis Vassallis Servitiis Recognitionibus Praelatorum Comitum Baronum c. cum Regaliis Regalitatibus Libertatibus c. omnibus aliis qnae ad Regaliam Nostram pertinent cum Mero Mixto Imperio adeo plene integre perfecte sicut Nos ea tenuimus habuimus tenuerunt habuerunt Progenitorum nostrorum aliqui ullis unquam temporibus retroactis Tenendum per Homagium Ligeum tantum c. But that which is most strange is That those illegal Letters Patents should be authorized by Parliament Assensâ— Praelatorum Ducum aliorum Procerum Communitatis nostri Angliae in Parliamento but nullum violentum est perpetuum novus iste insolitus umbratilis honor cito evanuit But it is time to return to the great Minion the Earl of Oxford who came as far as Wales and the King with him but they could not be perswaded to part and therefore this Lord Lieutenant never went to Ireland but deputed Sir John Stanly 1385. Lord Deputy in whose time the Bridge of Dublin fell and at the Parliament held at Westminster Roger Mortimer Earl of March Son of Philippa Daughter of Lionel Duke of Clarence Third Son of Edward the Third was established and soon after proclaimed Heir Apparent to the Crown and yet he was but Heir Presumptive but this Lord Justice was sent for and Alexander de Balscot April 26. alias Petit 1387. Bishop of Meath who had been Treasurer and Chancellor did execute the Office of Lord Justice until the return of Sir John Stanly 1389. Lord Deputy to the aforesaid Earl of Oxford Lib. D. Lambeth to him O Neal and his Sons made an humble Submission in Writing wherein they renounced the Bonaught of Vlster they also promised Allegiance and gave Oaths and Hostages for the performance thereof And it is to be noted 1390. That almost in every Parliament of this Reign held in England the King did desire Aid from them for the carrying on the War in Ireland But at length the English Parliament did so vigorously prosecute the Lord Lieutenant of Ireland that he was forced to fly beyond Seas and not long after died miserably at Brussels and thereupon James Earl of Ormond July 25. was made Lord Justice and the Archbishop of Dublin was constituted Lord Chancellor 1392. This Lord Justice beat the Mac Moyns at Tascoffin in the County of Kilkenny and slew six hundred of them And now the State of England began to think seriously of the Recovery of Ireland and finding that that Country was poor and almost depopulated by the mighty Concourse of Irish into England whereby the Kings Revenue was decayed and the Power of the Irish Rebels increased it was thought fit to revive the Law against Absentees and to issue a Proclamation requiring all those whose Habitations were in that Kingdom to repair home Also some Recruits of Men and Money were sent to Ireland and the King had by Indenture agreed with Thomas Duke of Glocester to be Lord Lieutenant of
twenty pence or two shillings from every one that passed the Seas On the twenty fifth Day of March the King knighted four Irish Kings 1395. Selden tit hon 842. and some other great Lords whereof Mr Selden out of Froisart gives the following Account Four Kings of several Provinces in Ireland that submitted themselves to Richard II were put under the Care of Henry Castile an English Gentleman who spake Irish well in order to prepare them for Knighthood by the Kings Command he informed them of the English Manners in Diet Apparel and the like He asked them If they were willing to take the Order which the King of England would give them according to the Customs of England France and other Countries They answered They were Knights already and that the Order they had taken was enough for them and that they were made Knights in Ireland when they were seven Years Old and that every King makes his Son Knight and if the Father be dead the next of Kin does it and that the manner is thus The new Knight at his making runs with slender Lances against a Shield set upon a Stake in a Meadow and the more Lances he thus breaks the more Honour continues with his Dignity But Mr. Castile told them They should receive a Knighthood with more State in the Church and afterwards being perswaded and instructed especially by the Earl of Ormond they did receive Knighthood at Christ-Church Dublin after their Vigils performed in the same Church and a Mass heard and some others were knighted with them but the four Kings in Robes agreeable to their State sate that Day with King Richard at the Table And so Davit 202. when the King had supplied the Courts of Justice with able Men particularly with Sir William Hankford Chief Justice who was afterwards Chief Justice of England and done his Endeavor to establish a Civil Plantation in the Mountains of Wicklow he returned to England about Midsummer 1394. as I suppose for on the fourth of July 1394 Roger Mortimer Earl of March was sworn Lord Lieutenant Pryn. 294. And not long after the aforesaid excellent Ordinances of 31 Edw. 3. were ratified revived and exemplified and sent into Ireland to be more duly observed than hitherto they had been But the Scene was changed and the Irish despising the weak Forces the King had left behind him began to lay aside their Mask of Humility and to make Incursions into the Borders of the Pale Nevertheless the English were not daunted their Valour supplyed what was wanting in their Number Cambd. particularly Sir Thomas de Burgh and Walter de Birmingham with their Forces slew six hundred of the Irish and their Captain Mac Con and the Lord Lieutenant and the Earl of Ormond wasted the County of Wicklow and took O Birnes House whereupon the Lord Lieutenant made seven Knights But this Victory was much overballanced by the Loss of forty principal Englishmen slain by the O Tools on Ascension-day and not long after by the Death of the Lord Lieutenant himself who was slain at Kenlis in Ossory by the O Birnes on the twentieth of July 1398. And thereupon Roger Gray was chosen Lord Justice 1398. pro tempore until the King sent over his half Brother Thomas Holland Duke of Surry Lord Lieutenant 1398. who landed at Dublin the seventh of October 1398. but did not long continue in that Office before the King pretending a Resolution to revenge the Death of his Cousin and Heir the Earl of March who was slain by the Irish as aforesaid He left the Government of England in the Hands of his Vnkle the Duke of York And on the first Day of June Richard 1399. King of England landed at Waterford with a good Army which he marched to Dublin through the wast Countries of Murroughs Kinshelaghs Cavenaghs Birns and Tooles but the Army was much distressed for want of Victuals and Carriages in those Deserts so that he performed no memorable Exploit save that he cut and cleared the Paces in the Cavenaghs Country and knighted Henry the Duke of Lancaster's Son afterwards Henry V for his briskness against the Irish On the sixth of June being the Friday after the King's arrival Jenico de Artois his faithful Gascoign slew two hundred Irish at Ford in Kenlis in the County of Kildare And the next Day the Citizens of Dublin made Incursions into Wicklow and killed thirty three Irishmen and took eighty Prisoners And on the twenty sixth of June the King came to Dublin and received the Submission of many Irish Lords But whilst he was consulting how to proceed he received the unwelcome News of the Duke of Lancaster's Progress in England whereupon he imprisoned his and the Duke of Glocester's Sons in the Castle of Trym and though he sent the Earl of Salisbury before him to gather an Army in Wales yet the King followed after so slowly that the Army was disperst before he arrived in England with which Misfortune his Courage fell so that on Michaelmass day he tamely surrendred the Crown and gave a just occasion for this true Remark Baker 152. That never any Man who had used a Kingdom with such Violence gave it over with such Patience He was afterwards deposed by Parliament and several Articles exhibited against him one of which was That he forced divers Religious Persons in England to give Horses Arms and Carts towards the Irish Expedition And another was That he carryed into Ireland the Treasure Reliques and other Jewels of the Crown which were used to be kept in the King's Coffers from all Hazard The King created Edward Plantagenet Earl of Cork in the twentieth Year of his Reign And the same Year gave a Licence under the Privy Seal to William Lord Courcy to buy a Ship to pass and repass to and from England And in this Reign happened this famous Case One Thomas a Clerk in England obtained a Judgment at Westminster against Robert Wickford afterwards Archbishop of Dublin and upon Affidavit That the Defendant lived in Ireland and had Goods and Lands there and the Sheriffs Return That he had no Lands nor Goods in England the Plaintiff had a Writ against the said Archbishop in haec verba IDeo vobis mandamus quod de terris catallis ejusdem Roberti Lib. M. jam Archiepiscopi in Terra nostra Hiberniae fieri facias praedict decem libras illas habeatis coram c. This Archbishop died anno 1390 so that this Writ must issue before that time THE REIGN OF HENRY IV. King of England c. And LORD of IRELAND HENRY Duke of Lancaster eldest Son of the famous John of Gaunt fourth Son of King Edward the Third upon the Resignation of King Richard procured him to be deposed in Parliament and himself to be elected King and the Crown to be entailed on him and the Heirs of his Body His Claim was as Heir to Henry III but finding that
BROTHERHOOD of St. George But to proceed William Sherwood 1475. Bishop of Meath was Lord Deputy to the Duke of Clarence he held a Parliament at Dublin Friday after the Feast of St. Margaret which makes it Treason to bring Bulls or Apostiles from Rome and orders the Lords of Parliament to wear Robes on pain of one hundred Shillings and enjoyns the Barons of the Exchequer to wear their Habits in Term-time and Enacts That if any Englishman be damnified by an Irishman not amesnable to Law he may reprize himself upon the whole Sept or Nation And that it shall be Felony to take a Distress contrary to Common Law which was a very necessary Act in those Times and is the only Act of this Parliament that is printed and though it be an English Case yet it may be useful in other Countries and therefore we will mention That George Nevil Duke of Bedford was this Year degraded 4th Instit. 355. because he had not any Estate left to support the Dignity Henry 1478. Lord Grey of Ruthen Lord Deputy held a Parliament a Drogheda which repeal'd all the Acts of the aforesaid Parliament of 12 Edw. 4. and then he resigned to Sir Robert Preston Lib. G. Lord Deputy who on the 7th of August was created Viscount Gormanston but he held the Government but a little time before he surrendred to Girald Earl of Kildare Lord Deputy he held a Parliament at Naas Friday after the Feast of St. Petronilla which Enacted 1478. 1. That Distresses taken for Rent might be sold And 2. That Non-Residents might be chosen Parliament-men 1480. but on the twelfth of August the Earl of Kildare was made Deputy to the Kings Son Richard Duke of York for four years from the fifth of May following Lib. M. by the Dukes Patent under the Kings Privy Seal quod nota and the Earl by Indenture with the King did Covenant to keep the Realm surely and safely to his power and was to have eighty Archers on Horse-back and forty other Horsemen called Spears and six hundred pound per annum to maintain them and if the Irish Revenue cannot pay it it shall be sent out of England This Lord Deputy held another Parliament on Monday after the Translation of St. Thomas at which it was Ordained 1. That no Hawks should be carried out of the Kingdom without great Custom And 2. That the Pale should have no correspondence with the Irish and it seems this Parliament Naturaliz'd Con O Neal Davis 93â— who had married the Lord Deputy's Daughter What the incomparable Spencer in his View of Ireland relates of the Duke of Clarence and Moroughen Ranagh O Brian is not to be placed in the Reign of Edward the Fourth because George Duke of Clarence was never actually in Ireland whilst he was Lord Lieutenant of that Kingdom but always managed that Province by Deputies and therefore I suppose that what Spencer has related will better suit with the Government of Lionel Duke of Clarence in the Reign of Edward the Third who did indeed marry the Heiress of Vlster and performed the other Atchievements Mr. Spencer writes of It was in this Kings Reign that the Jubile which before was every Fiftieth Year was by Pope Sixtus the Fourth brought to be every five and twentieth year and that the Primacy of Scotland was setled upon the Archbishop of St. Andrews And thus stood the Government of Ireland during the Reign of King Edward the Fourth who between the French King the troublesome Earl of Warwick the discontented Lords and the Attempts of the Wife and Friends of Henry the Sixth found so much work at home that Ireland was in a manner neglected and left to the Protection of the Fraternity of St. George when on the ninth Day of April 1483 the King died in the two and fortieth Year of his Age and of his Reign the three and twentieth THE REIGN OF RICHARD III. King of England c. And LORD of IRELAND UPon the Death of King Edward his Son the Prince of Wales being then at Ludlow was Proclaimed King by the Name of Edward the Fifth and in his way to London was perswaded by the means of his Unkle the Duke of Glocester to dismiss great part of his Guards as well to save the Charge as to avoid giving Cause of Suspicion and Reasons of Jealousie to such as doubted that so numerous an Attendance was entertain'd upon Designs prejudicial to them And so having luckily mounted this first step to the Throne the Duke of Glocester proceeded to confederate with the Duke of Buckingham and the Lord Hastings and by their assistance he first seized on the Earl Rivers and others of the Kings Relations and Friends and then got the King himself into his power and brought him to London using a thousand Artifices to make the People believe that the Queen-Mothers Kindred designed the extirpation of the Ancient Nobility the Slavery of the People and the Ruine of the Kingdom This Duke of Glocester wheedled or bribed to that degree that he was chosen Protector by the unanimous Consent of the Council and afterwards got the Kings Brother out of Sanctuary at Westminster and under specious Pretences of their Security both the Princes were conveyed to the Tower of London in a most pompous and splendid manner and there they were afterwards murdered by the Appointment if not by the Hands of their Unkle King Richard took upon him the Regal Office on the 18th day of June 1483. and before the Murder of his Nephews and he was Crowned together with his Queen on the 6th day of July 1483. and being very busie in England to establish the Crown he had usurped he did not think it advisable to make any Alterations in Ireland but continued in that Government Gerald Earl of Kildare Lord Deputy to Edward the Kings Son who held a Parliament at Dublin wherein it was Enacted That the Mayor and Bayliffs of Waterford might go in Pilgrimage to St. James of Compostella in Spain leaving sufficient Deputies to govern that City in their absence 2. That the Corporation of Ross might reprize themselves against Robbers and that no Persons should alien their Free-hold in Ross to a Foreigner without the Licence of the Portriff and Council of that Town but these being private Acts are not Printed It seems that the next Year the Earl of Kildare as Deputy to the Earl of Lincoln 1484. Lord Lieutenant did hold another Parliament at Dublin wherein six private Acts only were made and not long after conven'd another Parliament at Trim which either did nothing at all or nothing worth mentioning but a subsequent Parliament at Dublin gave a Subsidy of Thirteen shillings and four pence out of every Plow-Land to the Deputy towards his Charges in the Service he did against the Irish wherein O Connor it seems was a Partner or Co-adjutor for he also had ten Groats out of every Plow-Land in Meath for
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 theâ—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 Dukâ— 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
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
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 Maâ— 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.
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 Tolâ—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
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 â—â—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
they procur'd as good a Bed-fellow for the Ambassador though she was of meaner Quality this Liquorish Harlot unfortunately met with a small Bottle of choice Balm valued at two thousand Crowns which was given to the Bishop by Solyman the Magnificent when he was Ambassador in Turky she was invited by its Odour to try its Relish and it seems liked it so well that she licked it all out whereat the Bishop grew so outragious and loud that he discovered his Debauchery frightned the Woman away and made sport for the Irishmen and his own Servants After this the Bishop met with O Neal and the Titular Primate Robert Wachop in a secret place and heard the Overâ—ures of them and their Confederates and it is not to be doubted but they came to an Agreement because the Bishop soon after went to Rome but being unable to separate the Pope from the Interests of the Emperor this Negotiation had no effect In the mean time two of the Cavenaghs viz. Cahir Mac Art of Polmonty and Girald Mac Cahir of Garochil had fierce Contests about their Territory at length it came to a Battel as it were by consent and about an hundred on each side were slain but Cahir Mac Art had the better of it and finally obtain'd that Signiory But the Exchequer being empty the Lord Deputy designed to levy a Tax upon the People but the Earl of Ormond would by no means suffer that 〈…〉 whereupon the difference grew so high between him and the Lord Deputy that at last it came to mutual Impeachments whereupon both of them were sent for to England and by the King's Mediation were reconciled whilst the ambodexter Allen was imprison'd in the Fleet and deprived of the Great Seal and Sir Thomas Cusack was made Lord Keeper and not long after viz. about the twenty eighth day of October the Earl of Ormond and thirty five of his Servants were poyson'd at a Feast at Ely-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
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 Lâ—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
3. To reduce Shane O Neal by force or otherwise 4. To invest the Baron of Dungannon in the Earldom of Tyrone if the Lord Lieutenant think fit 5. To apprehend the O Brians that oppose the Earl of Thomond 6. To make the Clerk of the Council Secretary of State 7. To make a Statute of Uses next Parliament 8. To grant Estates Tayl by Patent to all the Irish that will surrender 9. To reserve the best Rent that was at any time heretofore reserved on the Crown Leases and the Tenant to find a Horseman for every forty Pound Rent and a Footman for every six Pound thirteen Shillings and four Pence and if any Lease be voidable to let the Tenant renew increasing his Rent according to the best Survey 10. To augment the Revenue in granting of Wards and making them sue Livery and to collect and print the necessary Statutes It seems this Lord Lieutenant managed his Affairs well in Vlster 1561. although the Particulars are not recorded any where that I could find Lib. â— for on the sixth day of January Shane O Neal made his Submission to him and thereupon on the twenty second of the same Month he went to England leaving Sir William Fitz Williams Lord Justice 1562. who was sworn on the second Day of February and continued until the twenty fourth day of July and then Thomas Earl of Sussex Lord Lieutenant returned again and finding that the inconstant Shane O Neal had apostatized into Rebellion he prepared as fast as he could to reduce him to Obedience but the Winter approaching so near he was forced to adjourn his Design till the Spring and then on the first day of April he set forward 1563. and on the ninth there hapned a Fray between some Kirne in his Camp to the Slaughter of two or three of them but the Lord Lieutenant by his Authority composed that Matter On the thirteenth of April the English discovered an Ambush laid by Shane O Neal and fell upon them so that one and twenty of the Rebels were killed On the sixteenth the Lord Lieutenant passed over the Blackwater and took a Prey of two hundred Kine And on the twenty sixth he came back to Dundalk On the first of June he advanced again to Dungannon and quartered there and the next day came to Tulloghoge and undestanding that O Neale and his Party were in a Fastness not far off the English attacked them and drove them farther into the Woods And on the third of June the English took eighty Cattle and killed four or five Rebels And on the fourth the Army returned to Armagh And on the sixth day of June they took a Prey of three thousand Kine and one thousand five hundred Garons and Mares which were divided among the Soldiers and so the Army returned to Drogheda Hereupon O Neal being shrewdly terrified Cambden 121 and being also advised by the Earl of Kildare made his Submission to the Lord Lieutenant and promised to do the like in England which he performed in the presence of the Embassadors of Sweden and Savoy and upon his Promise of amendment he was taken into Favour and the Queen gave him some Presents and lent him two thousand five hundred Pound and ordered Sir Thomas Worth and Sir Nicholas Arnold whom she sent Commissioners into Ireland to establish a College at St. Patrick's Church c. to make an Enquiry about a Complaint that O Neal had made That one John Smith had design'd or attempted to poyson him After his Return home he behaved himself civilly and loyally for some time he assail'd the Scots and slew their Captain James Mac Conal and drove them out of Vlster he protected the poor from Injury and was orderly in every thing except his Tyranny over the Lords and Gentlemen of Vlster whom he challenged to be his Vassals Whereupon Macguire and others complained to the Government but O Neal disdaining to have his Princely Claim tried in a Court grows enraged at Macguire for putting the Dilemma upon him either of running into Rebellion again or submitting his Title to the Lord Lieutenant's determination 1564. and in this Fury O Neal invades Fermanagh expels Macguire burns the Cathedral Church of Armagh and besieges Dundalk but the Valour of the Garrison preserved the place till William Sarsfield Mayor of Dublin and a choice Band of Citizens raised the Siege nevertheless O Neal spoil'd and wasted the adjacent Country The Lord Lieut to revenge this proceeded briskly against O Neal Burlace 126. but before he could bring his Designs to perfection he was recalled in his time the Country of Annaly was made Shire-Ground and is called the County of Longford and Connaught was divided into six Counties Clare Galwey Sligo Mayo Letrim and Roscomon he also erected a kind of a Post-Office for the better Correspondence between England and Ireland Holingsh 114. And yet there are some who not without probability attribute these good Works to Sir Henry Sydny On the first of February there hapned a bloody Conflict between the Earls of Ormond and Desmond Lib. P. at Athmean or Affane in the County of Waterford where the latter lost two hundred and eighty of his Men but not long after the Lord Lieutenant was recalled and Sir Nicholas Arnold 1565. Lord Justice was sworn the twenty fifth of May and had an Army or rather a Garrison of fifteen hundred and ninety six Soldiers with which he made a shift to keep what he had but he did not enjoy that Honour long before Sir Henry Sydny Knight of the Garter Lord President of Wales came over Lord Deputy he Landed on the thirteenth of January and was sworn the next Sunday after being the twentieth he was received with great joy being a Person of whose excellent Government that Kingdom had long Experience and when he received the Sword he made an eloquent and pithy Speech to this effect setting forth what a precious thing good Government is and how all Realms Commonwealths Cities and Countries do flourish and prosper Hooker 111. where the same is orderly in quiet Justice and Wisdom directed and governed Secondly What a continual Care the Queens Highness hath had and yet hath not only for the good guiding and ruling of the Realm of England but also of Ireland which she so earnestly desireth and wisheth to be preserved as well in Peace as in War That she hath made great Choice from time to time of the most Grave Wise and Expert Counsellors for the one and the most Valiant Skilful and expert Men of Arms for the other That both in Peace and Wars the publick State of the Commonwealth and every Member therein might be conserved defended and kept in Safety under her Government And for the performance thereof her Majesty over and besides the Revenues of the Crown of Ireland did yearly far above any of her Progenitors expend of her own Coffers out of England great Masses of Money
and O Crowlyes of Carbry submitted and came under protection but they relaps'd when the Spaniards landed at King-sale And on the 29. August Cahir Castle was surrendred voluntarily by James Galde by the means of his Brother the Lord of Cahir And about the same time Mac Donough Mac Auliff and O Keef likewise made their submissions The Sugan Earl and Peirce Lacy being enrag'd at the Knight of Kerry's submission invaded his Country but were forc'd by the Knight to return faster then they came two of their Captains and sixteen of their Men being slain And soon after Sir Charles Wilmet took Ardart Castle in Kerry after a good Defence made by the Ward Honora ni Brien Sister to the Earl of Thomond and Wife to the Lord of Kerry invited the famous Maurice Stack to Dine with her at Beauliew where she caus'd him to be barbarously murder'd and the next day her Lord also hang'd his Brother Thomas Stack who was his Prisoner However Wilmot so manag'd his Affairs that the Sugan Earl was forc'd to leave Kerry and in his passage to Arloghwoods was set upon by the Garrison of Kilmallock and 120 of his best Men slain and 80 wounded and 150 Arms and 40 Horses taken as also 300 Garrans loaden with Baggage and all their Cows and Sheep whereby the Earl was quite undone and his Forces scattered and himself forced to fly into Typerary and Ormond and his Brother and Piers Lacy retired into Vlster It is observable that the Irish were so blindly devoted to Popery Cambd. Eliz. 584. that many of those that had been Loyal sent to Rome for a pardon for their sin in not entring into Action and a Dispensation for the time to come from entring into open Rebellion In the mean time the Queen by the Advice of Sir Ro. Cecil and the Lord President sent over James only Son of Garret last Earl of Desmond attended and equipp'd according to his Quality in hopes he might regain the Followers of his Family and reduce them unto their Obedience and Duty His Patent was sent to the President to keep or give it as he should see cause and a Company of Foot was cashier'd for his maintenance which was to be in the President 's House for fear of the worst when he came to Cork the Inhabitants finding he was a Protestant refus'd to entertain him so that he was fain to obtrude himself upon the Mayor where he supp'd and after Supper he wrote a Letter of this usage to the Lords of the Council but the Mayor told him No Letters should go out of his House but what he saw However the Earl sent away his Letters Lib. D. D. D. and the Queen on Notice hereof ordered the Lords of the Council to reprimand the Mayor c. which they did to purpose by their Letter of 10. November 1600. Upon this Earls first coming to Kilmallock multitudes flocked thither to see him and pay their Duty to him but as soon as they saw him go to Church they all forsook him yea cursed him and spit upon him however he prevail'd with Thomas Oge Constable of Castlemayn 4. November to deliver that Castle and two of Peirce Lacy's Sons into his Custody which was all the Service he did or could do whilst he staid in Ireland But it is worth noting that Florence Mac Curty upon the President 's Word came to him to Mallow and assur'd him of his Loyalty by all the Oaths and Asseverations imaginable and yet whilst he was in the House he wrote Letters to Thomas Ogeâ— not to surrender Castlemayn and assured him of Reward and Relief so exceedingly falshearted was this mighty Hypocrite and these Letters were by the diligence of Mr. Boyle afterwards Earl of Cork intercepted However at length he submitted and put in two Pledges on the 29th of October In the mean time Wilmot had taken the Castle of Clancoyne by Sir Fra. Barkly and on Notice that the Lord of Kerry and Knight of the Glin were in the Woods with 80 Men he pursued them so close that he slew 60 of them and narrowly mist the two principals And on the Fifth of November he sat down before the Castle of Listoel and after a good Defence and ten days time it was surrender'd to him together with the Lord of Kerry's Son and all his Chattels About the same time Sir Richard Pearcy sent part of the Garrison of Kingsale to Carbry where near Kilco they took a Prey of 300 Cows and in November took another Prey of 200 Cows in Kinalmeky and now some difference arising between the Cartyes and Learyes about some stolen Cows they had a Battle at Ahakery where O Leary and ten of his men were slain The Lord of Muskry would have reveng'd the slaughter of his Followers but the President would not permit him lest thereby he should put the Country in confusion and make such a Flame as he could not quench In the mean time the Lord or Chief of Muskry was underhand dealing with O Neal whom he advis'd not to trust any of English Extraction and assur'd him he would dissemble with the President until Aid should come and Florence Mac Cartie levied 1000 Bonaughs in hopes of Recruits they daily expected from Connaugh and Vlster and indeed Forces were there assembled for their assistance and they would have Invaded Munster but that Redmond Burk expected great matters from the President and therefore would not disturb his Province and the Sugan Earl was jealous of the Bonaughs and every body was doubtful of Florence Mac Carthy and so this great cloud vanished and the Rebels dispersed into Ormond and Typerary Sir Charles Wilmot drew near to the Abby of Ratoo in Kerry whereupon the Rebels burnt it however he met 100 Bonaughs under Mortagh mac Shihy whereof he slew 40. Dermond O Connor whose Wife was Sister to the Queen's Earl of Desmond was so well pleas'd with the Honours the English did his Brother-in-Law that he resolv'd to come to him and to do some service acceptable to the State and accordingly he obtain'd Pasports but Tybot ni Long who had a Company in the Queens Pay pretending ignorance of his Pasport in favour of the Rebels fell upon him in Claâ—riccard and slew 40 of his men and took him Prisoner and the next day cut off his head whereupon the Queen took away Tybbott's Company from him On the 18th of November the President kept Sessions at Limerick and afterwards at Cashell and on the 28th of November at Clonmell where the Earl of Ormond met him and promis'd to expel the Rebels out of his Palatinate and in order to it in January his Forces assail'd the Rebels slew 40 of them and particularly Thomas Burk Brother of Redmond and took 30 Arms and forc'd Redmond and his Followers into the River Nore where 70 of them were drowned and many with their Baggage taken and particularly John Burk another Brother of Redmonds who was soon after executed at Kilkenny
he was one of the forwardest in disturbing the Lord Deputy with importunate and impertinent Petitions and refused to carry the Sword before him to Church he had formerly mis-behaved himself before the Lord Duputy at the time of the Gun-powder-Treason and he quarrelled with the Lord Barry in the Deputies Presence and the Lord Roch Delvin Trimletsowne and Slane were not less troublesome Sir Walter Butler Girald Nugent Sir Thomas Burk John Moore Richard Wadding and Boetius Clancy had their share in these Seditions and Thomas Lutterell had the Confidence to make Comparisons with the Earl of Thomond even in the Lord Deputies Presence But it will be pertinent to our Design O Sullivan 237. and not unpleasant to the Reader to hear O Sullivan give an Account of this Parliament which he says was observable for the Cruelty of the Protestants and the Civil resistance of the Catholicks And first he tells you That when the Senate meddles with Religion it becomes a wicked Conventicle rather then a Parliament that the Old Irish Grandees had Hereditary Voices in Parliament long before the English Conquest but are now denied them unless they have English Titles which alone makes the English Parliament in Ireland void since the principal Members are excluded The Catholick Bishops are serv'd in the same manner and the Heretical Usurpers of their Sees and Titles vote in Parliament in their stead The Protestants thought the Advancement of those Laws which they had made against Christ in England to be the readiest way of suppressing the Catholick Religion in Ireland if they could get them Enacted here but knowing the Catholicks would be most numerous in Parliament they us'd all imaginable Artifices of force and fraud to get Protestants unduly return'd they Elected their new Colonies into Burroughs and Counties to encrease the number of Heretical Parliament men they made small Villages into Corporations and made Porters Barbers and Strangers Burgesses for those Corporations and caused four Ministers to represent the Clergy of every Diocess nevertheless many Irish Gentry were chosen whom the People Men Women and Children desir'd to take Care of Religion assuring them That all should be void that should be Enacted against the Catholick Faith and when the day came most of the Irish Gentry thô not Parliament men came to Dublin that they might be ready there upon the place where their highest Concern viz. Religion was to be debated least perhaps any thing should happen contrary to Expectation The Catholicks were troubled because they could not find out what was to to be treated of in Parliament till at length they got sight of a Bill to expel the Catholick Clergy and the Titles of eleven Bills more viz. 1. For the building a convenient Prison for Noble Men in the Castle of Dublin 2. For disarming Idlers 3. About O Murroughs Lands 4. Against Marriage between Irish and Scots I suppose says he for fear they should joyn against the English 5. For banishing Hamilton and Wart if they refuse the Oath of Supremacy 6. That the Sallaries be continued to the new Pensioners tho' they refuse the Oath 7. For the distribution of the Money forfeited by Recusants 8. That the Children of Noble Men be sent into England 9. That stubborn Corporations shall loose their Franchises 10. The Recusants shall pay two Shillings a Sunday 11. For the more Cautious issuing of Excommunications for before that Sullivan 241. English would kill an Excommunicated Catholick says he But the Cathalicks resolving to resist even to Death thought of two ways First To hinder the meeting of the Parliament if possible and Secondly If it met not to receive or admit of the Heretick Parliament men because not Inhabitants in the Towns that chose them And with this Design they went to Dublin where all the Catholick Clergy also went to encourage the Gentry in this Holy Resolution On 18th May 1619. Caecos diaboli ministros The Parliament met at the Castle of Dublin and first the Lord Botevant carried the Sword before the Deputy to Church to hear the blind Ministers of the Devil and that being over when they came to the Castle the Guard disarmed the Nobility and Gentry as they entered but some resisted and did not part with their Arms and others that did â—ad other Arms secretly about them No sooner they State but the Soldiers were drawn into a Body in the Yard to terrifie the Catholick Members who in the upper House were less in number then the Protestants however resolv'd rather to dye which they expected then to forsake the Catholick Religion but if they had died for it The Gentlemen and Citizens then in Dublin assembled from all parts of the Kingdom had certainly reveng'd their Deaths and now the Eyes even of the English Irish were open and they cursing their former Folly in helping the Heretick would have repair'd it by a hearly Conjunction with the Old Irish now 〈◊〉 And afterwards he says That when the Papists refus'd to sit in the Parliament the Deputy did not dare to proceed without them not did he dare to force them because the Papists had many Friends in Town ready armed and the Deputy feared a General defection if he had proceeded my farther and then he says the SOUNDER part of the Clergy always oppos'd the Attaindâ—re of O Neal O Donell c. And the Archbishop of Tuam wrote a notable Letter against it but the worser part of the Clergy he means those of English Extraction perswaded the Popish Members to Consent to that Act but it is time to leave this whilsting Fellow and return to the true History of this Affair The Lord Deputy having Notice that several Papists that were not duly chosen Lib. C. nor return'd Members of Parliament did nevertheless intend to intrude into the House did on the 17th day of May being the last day of the Term cause Proclamation to be made in the four Courts that all those who knew themselves to be duly Elected Parliament then should attend the Lord Deputy and Council at Three a Clock that Afternoon at the Castle and accordingly most of them came Whereupon the Lord Deputy and Council sitting in the open Court of the Castle caused the Chancery Clerk of the Crown to call over the Names of those that were returned to serve in the approaching Parliament and that being done they caused Proclamation to be made that no Body should presume to come into the Parliament House but such as were return'd as aforesaid And 〈◊〉 on the next day 1613. being the 18th day of May the Parliament met and the Lords House was supplyed by the Earls of Kildare Ormond Thomâ—â—â— and Clanrickâ—â—dâ— and Viscounts of Buttevant Formâ—â— Gormanstoâ—â—â—â— Mountgarrets and Tullagh and the Barons of Athenry Kingsale Kerry Slane Killeen Delvin Dunboyn Houth Triâ—â—etsowne Poer Cahir Dunsany Louth Uppâ—r Ossery Castle Connel and 〈◊〉 Besides Twenty five of Protestantâ— Archbishops and Bishops that were present and the
went into England to give his Majesty a full account of his happy and successful Administration of the Government for I find he was created Lord Baron of Belfast on the 23th of February 1615 and perhaps then made Lord High Treasurer THOMAS JONES Archbishop of Dublin Lord Chancellor Sir JOHN DENHAM Lord Chief Justice of the King's Bench were Sworn Lords Justices on the 11th of February 1615. The Archbishop was the worthy Ancestor of the Lords of Ranelagh And Sir John Denham was the first that raised any Profit to the Crown from the Customs in Ireland which were Lett for Five hundred Pounds the first Year and before his Death which happened the 6th of January 1638 they were improved to that degree that they were farmed at Fifty Four thousand Pounds per Annum But the Papists beginning again to grow very insolent it was necessary to hasten the new Lord-Deputy thither and therefore on the 30th of August 1616. Sir OLIVER SAINT JOHN afterwards Viscount Grandison 1616. was sworn Lord-Deputy he behaved himself briskly against the Papists who were at that time very high in Ireland Mr. Sullivan says He was a Bloody Man and that he swore he would in two Years banish all the Priests and that he levied 600000◠from the Papists for Fines and Forfeitures for not going to Church and that in Dublin only he imprisoned Ninety Citizens for denying the King's Supremacy all which is notoriously 〈◊〉 And about the same time a most Scandalous lying Book was published Entituled Annalecta Hiberniae written by David Rooth Vicar Apostolick at the Instigation and Charge of the Lord M And stuffed with innumerable Lyes and malicious Accusations of the King's Government in Ireland and yet dedicated to the Prince of Wales which is a high strain of Impudence and Folly to dedicate to the Son Reflections and Scandals upon the Father and as if that Author intended to mock the Son as well as to abuse the Father and that his Dedication to him should pass for nothing he has added another Dedication by way of Appeal to all Foreign Emperors Kings and Princes wherein he avers That the Irish look for nothing but that the King would use them like a King i. e. not like a Tyrant and when I have added that he compares the King to Julian the Apostate and Cajus Caligula and the English-men to Dogs and Wild-Beasts I have said enough of the Spirit and design of that malicious Author The Exorbitances of the Papists did indeed at this time oblige the Government to keep a stricter hand over them than hitherto they had done and two things were resolved on to humble them one was to banish all their Regulars which did in great numbers swarm almost every where in that Kingdom And the other was to suffer no Magistrates or Officers but what should take the Oath of Supremacy according to Law and in order thereunto there did issue a Proclamation against the Popish Clergy on the 13th of October 1617. Anno Dom. 1617. And afterwards on the 5th of March 1617 Donogh Earl of Twomond Lord President of Munster and Sir William Jones Lord Chief Justice of Ireland did by Virtue of a Commission under the Great Seal bearing date the 23d of January 1617 seize on the Liberties of Waterford and all their Rent Rolls Ensigns of Authority and their publick Revenues which amounted to Three Hundred and Four Pounds Ten Shillings per Annum and kept Assizes in the City for the County of Waterford The cause of this Seizure was because Nicholas White who from Michalmas 1615. to the 20th of October then next following did exercise the Office of Mayor of Waterford did on the 20th day of October 1615. refuse the Oath of Supremacy being then tendered to him by the Lord President by Virtue of a special Commission to that purpose and that upon his refusal the City Elected John Skiddy who Acted as Mayor till the 1st of May 1616. and then refused the same Oath being tendred to him by the Lord President whereupon the City chose Alexander Cuffe and swore him Mayor on the 27th of May who likewise on the 8th of July refused the aforesaid Oath of Supremacy before the Lords Justices whereupon he forbore to Act any farther in the Mayoralty and so it stood till the 1st of April 1617. at which time Walter Cleer was sworn Mayor and so continued Moreover the City had no Recorder since the Death of Nicholas Walsh Anno 1615 and yet in January 1616 there was a Goal Delivery held before the said John Skiddy without any Recorder and one William Person was then Condemned before him and afterwards by his Order executed for Felony And it appeared that the Statute of Elizabeth of Uniformity had not been given in Charge in their Sessions at Waterford for Two years past and all this was found by Inquisition taken the 5th day of September 1617. In the mean time there were sharp Contests between several great Families in Ireland about their Inheritance Lib. F. F. F. 199. the one was between Katherine Lady Power who was Heir General to the Deceased Lord Barry and the then Lord Barry Viscount Buttivant and that was happily Compos'd by the Kings Mediation and the Marriage of the Lord Barry with the Lady Power 's Daughter and the other was between Walter Earl of Ormond and the Lady Dingwell Heir General of Thomas Duff Earl of Ormond who died Anno 1614. Their Case is to be found the very last Case in my Lord Hobert's Reports and was refer'd to the King who Anno 1618. made his Award and divided the Estate between the contending Parties but the Earl of Ormond thought that Distribution so unequal that he refused to submit to it and therefore endured a long Imprisonment and many other Hardships from the Court but after his Death that Controversie was also happily Compos'd by the Marriage of his Grandson the young Earl of Ormond with the sole Daughter and Heir of the Lady Dingwell and that happy Couple improved that divided and shattered Estate to be the greatest and best belonging to any Subject in the Kings Dominions and are well known to the World by the Names of the first Duke and Dutchess of Ormond In the Year 1620. 1620. The famous Doctor Usher was made Bishop of Meath and not long after there arose a Dispute between the Archbishop of Armagh and the Bishop Elect of Clogher about the Exercise of Jurisdiction before Consecration but after some Expostulations the Controversie was peaceably Compos'd The Year 1621. 1621. was famous for the Congregation de Propaganda fide then Erected at Rome the influence whereof the Subjects of Great Britain and Ireland have felt to the purpose and in the same Year Thomas Viscount Thurles Father of the first Duke of Ormond was drowned It was in this Year that the King to mortifie some of the most active Members of the House of Commons that had fallen under his
of March 1625 having in his Life-time created the Irish Nobility hereafter mentioned viz. February 23d 1603. Rory O Donell Earl of Tyrconnel February 23d 1615. Sir Arthur Chichester Baron of Belfast since Earl of Donegal July 14th 1616. Brabazon Baron of Ardee since Earl of Meath September 29th 1616. Sir Richard Boyle Baron of Yough-hall afterwards Earl of Corke May 25th 1617. Ridgeway Baron of Galenridgeway since Earl of London-Derry July 20th 1617. Moor Baron of Melefont since Earl of Drogheda Septemâ—er 6th 1617. Touchet Earl of Castlehaven and Baron Orior February 17th 1617. Lambert Baron of Cavan since Earl of Cavan Ibid. Bourk Baron of Brittas May 8th 1618. Hamilton Baron of Strabane January 31st 1618. Blunt Baron Mountjoy Ex. June 29th 1619. Mac Donald Viscount Dunlucâ— since Earl and Marquess of Antrim February 19th 1619. Sir Richard Wingfeild Viscount Powerscourt July 1620. Preston Earl of Desmond Viscount Dunmore Ex. May 1621. Dockwray Baron of Culmore Ex. Ibid. Blany Baron of Monaghan March 1st 1621. Henry Power Viscount Valentia Ex. Theo. Butler Viscount Tullagh THE REIGN OF CHARLES I. KING OF England Scotland France AND IRELAND CHARLES the only surviving Son of the Deceased King James 1625. by undoubted Right succeeded his Father in all his Dominions on the 27th day of March 1625 and was accordingly Proclaimed the same day and on the 23d day of June following he was Crowned at the Abby of Westminster with great Solemnity and as to Ireland HENRY Viscount FALKLAND was continued Lord Deputy and other inferior Officers likewise were confirmed in their respective Places but the Affairs of England being not a little out of Order the Irish took advantage thereof to be very high and insolent at home to which they were much encouraged by the Bull of Urban the 8th of the 30th of May 1626. to the English Catholicks exhorting them rather to loose their Lives then to take Noxium illud illicitum Anglicanae fidelitatis Juramentum 1626. quo non Solum id agitur ut fides Regi servetur P. W. Remonstrance 11. sed ut sacrum Universae Ecclesiae sceptrum eripatur Vicariis Dei Omnipotentis that pernicious and uâ—lawful Oath of Allegiance of England which his Predecessor of happy Memory Paul 5th had condemned as such Hereupon it was found necessary to increase the Army to the number of Five thousand Foot and Five hundred Horse the Charge whereof amounted unto 64240 l. 1 s. 2 d. which was more then the Kings Revenue out of which the Civil List was nevertheless to be paid so that it was necessary to find out some other Bund for the support of the Army and until that could be done the Lord Deputy and Council on the 14th of September by their Letters did recommend several Troops and Companies of the Army to the Counties and Towns of the Kingdom to be maintained for three Months and so from three Months to three Months until the last day of March 1628 and this whole Charge or Incumbrance on the Countrey was estimated at 36951 l. 6 s. 7 d. ½ and in the King's Letter of the 22d of September 1626. to raise this Army and that the Countrey should maintain it with Money Cloaths and Victuals his Majesty promises in lieu thereof to Grant certain Graces to the Countrey and particularly to suspend the Composition But the Gentlemen that were Agents from Ireland did to ease the Kingdom from that oppression offer to pay 40000 l. a Year for three Years in the nature of three Subsidies and to pay it quarterly from the first of April 1628. which was accepted of and the same was Paid accordingly until the first day of October 1629. On the 16th of May 1626. 1626. The King reciting a Complaint of Sir Samuel Smith's against the Lord Chancellor and that there was difference between the Lord Deputy and Chancellor 1. Because the Chancellor refused to Seal some Patents offered to him 2. Because he denied to appoint Judges for Circuits when thereunto required by the Deputy 3. Because he refused to appoint Justices of Peace at the Lord Deputies Nomination and made one Justice of the Peace against his Express prohibition to which the Lord Chancellor made Answer That in the first Case there was matter of Equity Convenience of State and Question in Law unresolved and that in the sesond Case he had directions in the time of King James and that in the third Case it was the Priviledge and Jurisdiction of his place Therefore the King orders That the Chancellor bear fitting respect to the Lord Deputy who is his Majesties Representative and as to the Matters in Debate if the Chancellor refuse to Seal any Patent in question for Reasons of State that the Cause be debated in Council and if then they think it fit and the Chancellor still refuses till he has appeal'd to his Majesty as he may it shall be at his Peril if the State suffer by his delay if the Question be in Law that the Judges decide it and if the Chancellor be not satisfied therewith he ought to appeal to the King for farther Directions and particularly about the Patent for Tanning Leather As to the Second if the Chancellor will not appoint Judges as the Lord Deputy desires that then it be refer'd to the Council-board and their Sentence be definitive as to that And as to the Third the Chancellor will not refuse to make any Man a Justice of the Peace recommended by the Lord Deputy if he does that then the Order of the Council-Table shall govern that Matter and in all these Cases it becomes the Chancellor to repair to the Deputy and acquaint him with his Reasons whenever he refuses And as for Sir Samuel Smith's Complaint his Case was that he had the sole Nomination of those that should be Licensed to Sell Aquavitae and did set that Priviledge to one Miagh for the County of Cork the King appoints the Chief Justice Chief Baron and Sir John King to Arbitrate that Matter and to make Reparation to Miagh whose Patent must be called in because he is an infamous Person and unfit for that Trust and a new Patent for that County must be Granted to whom Sir Samuel Smith shall name In the same Month of May the King sent an Order to the Lord Deputy to make a Lord High Steward c. for the Tryal of the Lord of Dunboyn by his Peers upon an Indictment found against him in the County of Typerary for killing a Man and in January after the Earl of Marleburgh Duke of Buckingham and the Lords of Pembrook Dorset Grandison Conway and Carlton and Sir Richard Weston were made Commissioners or rather a Committee for Irish Affairs And on the Eighth of February Edward Brabazon Baron of Ardee was ordered to be Earl of Catherlogh but for what Reasons I know not he had not that Title but was afterwards made Earl of Meath And on the Second of March his Majesty sent an Order
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
hurt his Kinsman had given the Lord Deputies Foot Perhaps it was done in revenge of that Affront my Lord Deputy did me publickly but I have a Brother would not have taken such a Revenge and the like Sentence was given against Thomas Dennit who was executed thereupon To this the Earl Answers That he was General of the Army and had Power of Martial Law which is usual in Ireland and the Lord Mountnorris was an Officer in the standing Army and by those mutinous Words had transgressed the Thirteenth and the Twenty first Articles of War That he was not a Judge of it but the Council of War were the Judges that the Lord Mountnorris suffered nothing but a short Imprisonment and was told at that time by the Earl that he should not suffer according to the Sentence and as for Dennit he had stoln a quarter of Beef and also ran away from his Colours which is Felony in Ireland and it was at a time when a Regiment was imbarking for England The Sixth Article is That on a Paper Petition without legal Proceedings he caus'd the Lord Mountnorris to be dispossessed of Land that he had enjoy'd quietly Eighteen years To this the Earl says That that sort of Proceeding was usual in Ireland and he had a positive Order for it except in special Cases by the King's Letter 5th October 9 Car. 1. that Three of the Judges assisted him in the Tryal and that the Judgment was very just The Eight Article was That he imprison'd the Lord Chancellor Loftus for not obeying his Decree on a Paper Petition and also imprison'd him for not giving up the Great Seal and also imprison'd the Earl of Kildare for not submitting his Title to Castle-Ley to the Lord Deputies Pleasure and that contrary to the Major Vote of the Council He caused an Order of Council-board to be made against the Widow Hibbott and threatened to Fine her so high if she had disobeyed it that she was thereby forced to quit her Lands which are since conveyed to the use of the Earl but it seems the Imprisonment of the Lord Chancellor and the Earl of Kildare was by the Kings Order and so the Managers insisted only on that of Hibbotts To which the Earl Answer'd That it was a Case of Fraud and Oppression and that the Council-board in Ireland had Jurisdiction in such Cases and that the Major Vote was against her and denies the Lands were conveyed to his use The Ninth Article was That he gave Warrants to the Bishop of Down and Connor and others of their Officers to Arrest and Imprison such of the poorer sort as refuse to appear upon their Summons or disobey their Sentences until they give security to shew cause at the Council-Table for such Contempt To which he Answers That such Warrants were formerly used and even at the desire of the Papists to save the Charge of the Writ de Excommunicato capiendo that he never Granted but this one and finding it abus'd he soon call'd it in again The Tenth Article was That he procured the Customs to be Farmed to his own use and advanced the Book of Rates on Native Commodities to excessive Prizes as every Hide at 20 s. a Stone of Wooll at 13 s. 4 d. c. whereby the Custom that should be but the 20th became the Third or Fourth part of the true value of the Commodity and there is a Clause in the Grant That it should be good tho' an Act of Parliament should be made against it To this the Earl Answers That the Book of Rates was advanced before his Farm that it was so moderate that the King sent a Letter 1637. to raise it higher which he oppos'd that he was drawn into the Farm by the Kings Command and the Lord Portlands importunity and that the King had â— of the Profit of it and that Trade is exceedingly increased since his coming to the Government And the Matter of Fact prov'd to be thus the Customs of Ireland were 16 Jac. 1. demised to the Duke of Buckingham for Ten years at 6000 l. per Annum and half the clear Prohts above the Rent which half Communibus annis amounted to 3700 l. per Annum so in effect the Duke paid 9700 l. per Annum but he had allowance for several Desalcations as 1400 l. per Annum in lieu of the Customs of Wines which were Leased to the Earl of Carlisle at that Rent and the Customs of Derry Colerain Knockfergus and Strangford are reserv'd to the King On the 24th of March in the Seventh Year of King Charles I. The Customs were set to the Dutchess of Buckingham for 20000 l. Fine and 11050 l. per Annum Rent and Derry c. are included and the Lord of Carlisles Lease was surrendered to the King the 21st day of the same Month and then the new Book of Rates was made And on the 21st of April following viz. 8 Car. 1. The Dutchess of Buckingham's Lease being surrendred a new one was made to Lord Straffard and Partners for 8000 l. Fine and 15500 l. per Annum And they manag'd it so well that this branch of the Revenue yielded them as followeth viz. Anno. 1636 39936 1637 38889 1638 57380 1639 55582. The Eleventh Article was For restraining Transportation of Pipe-staves c. without Licence But that Article was waved by the Managers The Twelfth was That he Monopoliz'd the whole Trade of Tobacco by his Proclamation that none should be imported without his Licence and another Proclamation that none should be Sold by Wholesale unless it were made up in Rolls Seal'd at both ends with a Seal appointed by him and that divers were Pillory'd Whipt Fined Imprison'd c. for transgressing that Proclamation And whilst he raised the Impost on other Goods he reduced that on Tobacco from 6d to 3d. per Pound whereby he got 100000 l. per Annum And that he raised several other Monopolies on Starch Iron-Pots Glasses Tobacco-pipes c. To which he Answers That 6th June 13 Jac. 1. the King granted the Impost on Tobacco being 18 d. per Pound to William Massam and John Pit for Seven year at 10 l. per Annum and 8th February 19 Jac. 1. it was let to Mr. Lyne for Twenty one years at 20 l. per Annum that upon the Commons advice in Parliament that Lease was bought in and on 18th of July 12 Car. 1. the King Orders the Lord Deputy to assume the Pre-emption of Tobacco c. to advance the Revenue and this Letter is the ground of the first Proclamation which in this Matter followed the Example of England and the Second Proclamation is in effect but the Duplicate of the Proclamation in England of the 14th of March 13 Car. 1. mutatis mutandis that hereupon the 7th of November 1637. He contracted with Mr. Carpenter c. for the sole Importation of Tobacco for Eleven years at 5000 l. per Annum for the first Five years and 6000 l. per Annum
Orrery Charles Earl of Montrath were appointed Lords Justices And the Lord Chancellor and Earl of Montrath were sworn on the 31 st day of December 1660. as the Earl of Orrery also was on the 17 th of January following Their Instructions were very short and to this effect 1. To read their Commission and Swear those Named for Privy-Councellors 2. To appoint Sheriffs and Justices of Peace by Advice of the Council and to Open the Courts of Justice 3. To promote Peace and Quietness as well in the Army as elsewhere and to hinder any Prejudice to His Majesty 4. To do what they could to encrease the Revenue and advance the Publick Service 5. To prepare such Bills as shall be thought by them and the Council to be for the good of the People and to transmit them to England pursuant to Poyning's Law in order to a Parliament 6. To reduce the King's Concessions to the Commissioners of the General Convention of Ireland into Bills to Pass next Parliament 7. To send over Names of fit Commissioners to Execute His Majesties Declaration for the Settlement of that Kingdom Lastly To cause the Oaths of Allegiance and Supremacy to be taken by all His Majesties Leige-Subjects of that Kingdom and to proceed according to Law against those that refuse And on the 27 th of January 1660. Dr. Michael Boyle now Lord Primate of all Ireland and Eleven others were Consecrated Bishops in St. Patrick's Church in Dublin with great Ceremony and Formality which I the rather mention because so numerous an Ordination of Bishops in one Day hath rarely if ever been heard of either before or since On the 8 th of May a Parliament was Summoned and Dr. Bramhall Arch-Bishop of Armagh was Speaker of the House of Lords as Sir Audley Mervin was of the House of Commons This Parliament as a Testimony of their Gratitude and Affection to the Duke of Ormond did present his Grace with a Gift of 30000 l. and when the Lords-Justices and Council understood that His Majesty on the 4 th of October 1661. had appointed the Duke of Ormond to be Lord Lieutenant of Ireland they ordered all publick Expressions of Joy to be made in Dublin upon that happy Occasion On January the 14 th 1661. the Lord Chancellor and Earl of Orrery were Sworn Lords Justices on the Death of the Earl of Montrath which happened the 18 th of October And on the 30 th of April 1662 they Published an Indulgence to Dissenters and continued in the Government until the 28 th of July 1662. at which time James Duke of Ormond was sworn Lord Lieutenant But the Session of Parliament begun the 17 th of April and on the 15 th of September the Bill of Settlement passed into an Act in the Parliament of Ireland by which Act and the rest of the Statutes passed that Parliament the King received more profit than all his Predecessors ever got out of that Kingdom This Bill had been exposed to the View and Scrutiny of the Irish and their Council for six Months together and altho they do so very confidently Clamour that they were never heard yet all that they could say was heard and debated even with Favour to them they had Agents there to whom they allowed three Pence per Acre for that purpose and every word in the Bill was Expung'd to which they had any just Exceptionl and at length the matter was determined by the King and Council and the following Order was made At the COURT at WHITE-HALL The 14th of March 1661. Present The Kings Most Excellent Majesty His R. H. the Duke of York Lord Chancellor Lord Privy-Seal Lord Duke of Ormond Lord Marquiss of Dorchester Lord Chamberlin Earl of Northumberland Earl of Norwich Earl of St. Alban Earl of Anglesey Earl of Carlisle Lord Seymore Lord Hatton Lord Holles Lord Ashley Mr. Trear Mr. Comptroller Mr. Vice-Chamberlain Mr. Secretary Nicholas Mr. Secretary Morrice THis day Mr. Sollicitor General making Report to His Majesty in Council from the Committee of this Board for the Affairs of Ireland upon Consideration of several Papers presented to the Board by Sir Nicholas Pluncket in the behalf of some of the Roman Catholicks of Ireland concerned in His Majesties Declaration according to an Order of the 12 th of this Instant That after the Committee had debated the said Papers the Commissioners from the Council and the Parliament of Ireland were called in and heard and presented to the Committee several Papers See them Appendix 40. viz. Instructions given by the Supreme Council and others of the Lords Spiritual and Temporal and the Commons of the Confederate Catholicks of Ireland to be observed by the Bp. of Fearnes and Nicholas Plunket Esq in the Court of Rome bearing date the 18 th of January 1647. and a Draught of Instructions to France and Spain and a Copy of the Excommunication Published at James-Town and that all the said Papers being read and the said Commissioners being withdrawn and the Committee then calling in the said Sir Nicholas Plunket and asking him whether the Signature of the Instructions to Rome by Command of the General Assembly were his Hand-writing and whether the Draught of the Instructions to France and Spain were his Writing also He acknowledged in the Presence of the Committee that they were and that hereupon it was the humble Opinion of the Committe that the Bill for the Common Settlement of that Kingdom should not be retarded but proceeded upon with all possible Expedition It was upon consideration of the said Report Ordered that in regard the said Romish Catholicks have been already several times fully heard at this Board as to the said Bill of Settlement no more Petitions or further Addresses be required or admitted from them for obstructing the same but the engrossing thereof be proceeded upon without any further delay according as the same is already prepà red and also that Mr. Sollicitor General do send all the Provisoes already allowed of by the said Committee to be likewise Engrossed And it is further Ordered That the Clerk of the Council attending do not only signify His Majesties Pleasure unto the said Sir Nicholas Pluncket that he do for bear coming into or appearing in His Majesties Presence or Court but also give Notice of this Order to the Committees imployed from the said Council and Parliament to be by them transmitted into Ireland Copia Vera Edw. Walker The Act of Settlement thus past there was a Court of Claims erected to adjudge Qualifications of Innocency and Nocency The Period for this Purpose was in Favour of the Nominees who were to attend till Innocents were first restored and by consent of the Irish Agents appointed by the Kings Declaration to be the 2 d of May 1661. but the Irish Parliament enlarged the time to the first of August 1662. and afterwards prolong'd it father to the 22 d of July 1663. And so the Commissioners viz. Sir Richard Rainsford Sir Thomas Beverly
Bishops Vicars-General Abbots and all others exercising Ecclesiastical Jurisdiction by the Popes Authority and in particular Peter Talbot pretended Archbishop of Dublin for his notorious Disloyalty to Your Majesty and Disobedience and Contempt of Your Laws may be commanded by Proclamation forthwith to depart out of Ireland and all other Your Majesties Dominons or otherwise to be prosecuted according to Law And that all Convents Seminaries and publick Popish Schools may be dissolved and suppressed and the Secular Priests Commanded to depart under the like Penalty 4. That no Irish Papist be admitted to inhabit in any part of that Kingdom unless duly Licensed according to the aforesaid Acts of Settlement And that Your Majesty would be pleased to recal Your Letters of the 26 th of February 1671. and the Proclamation thereupon whereby general license is given to such Papists as Inhabit in Corporations there 5. That Your Majesties Letters of the 28 th of September 1672. and the Order of Council thereupon whereby Your Subjects are required not to prosecute any Actions against the Irish for any Wrongs or Injuries committed during the late Rebellion may likewise be recalled 6. That Collonel Talbot who hath notoriously assumed to himself the Title of Agent of the Roman Catholiks in Ireland be immediatedly dismissed out of all Command Military and Civil and forbidden Access to Your Majesties Court. 7. That Your Majesty would be pleased from time to time out of Your Princely Wisdom to give such further Order and Directions to the Lord Lieutenant or other Governor of Ireland for the time being as may best conduce to the Encouragement of the English Planters and Protestants Interest there and the Suppression of the Insolencies and Disorders of the Irish Papists there These our humble Desires we present to Your Majesety as the best means to preserve the Peace and Safety of that Your Kingdom which hath been so much of late in Danger by the Practices of the said Irish Papists particularly Richard and Peter Talbot and we doubt not but Your Majesty will find the happy Effects thereof to the great Satisfaction and Security of Your Majesties Person and Goverment which of all earthly Things is most dear to Your Majesties most Loyal Subjects But on the 5 th day of August 1672. 1672. Arthur Earl of Essex was Sworn Lord Lieutenant and in September his Excellency and the Council made Rules and Orders for Regulating of Corporations pursuant to a Clause in the Act of Explanation to that purpose And during his Government the Kingdom was very quiet in publick Appearance 1674. for whatever Designs were form'd in favour of Popery were private 1675. and in England and were so dexterously countermined by this Lord Lieutenant that there was but small effect of them perceived in Ireland but his Excellency went for England the day of 1675. leaving the Lord Chancellor and the Lord Granard 1676. Lords Justices who continued so until the return of the Earl of Essex who resumed the Goverment on the day of 1675. But in the beginning of the year 1675. Peter Fox and five more pretending to be Passengers in a very rich Ship in Holland called the St. Peter of Hamburgh bound for France did Murder the Master and three of his Crew and brought the Ship into Ireland but by the Wisdom and Diligence of Robert Southwell Esq Vice-Admiral of Munster five of the Malefactors were taken and executed and a great part of the Cargo preserv'd and secur'd for the right Owners But the Earl of Essex being recalled 1677. James Duke of Ormond was Sworn Lord Lieutenant on the day of August 1677. and that year there was a Popish Regiment raised in Ireland in pretence of Foreign Service but the Duke would give them no Arms so that they were forced to Exercise with Sticks But I should have mentioned That the St. David and forty East-India-Ships and forty Merchant-men arrived at Kingsale in July 1673. where they found a secure Sanctuary until they had Convoy sent them from England and this perhaps might be one motive to the Duke of Ormond the next time he took the Sword to consider the Importance of that Place which is the best Chamber for Shipping in His Majesty's Dominions There it was that the Spaniards landed in the year 1601. and there Sir Jeremy Smith and his Fleet sound a safe retreat Anno 1667. and therefore His Grace founded that Royal Structure of the New Fort of Rincorran which he visited in August 1678. and named Charles Fort and it seems that King James and the French had no less value for this important Place since they chose to land there in March 1688. In September the News of the Popish Plot arrived in Ireland 1678. and thereupon Peter Talbot Titular Archbishop of Dublin was apprehended and made close Prisoner in the Castle of Dublin and on the 11th of October the Lord-Lieutenant Ormond came to Dublin and on the 14th of October His Grace and the Council issued a Proclamation for all Officers and Soldiers to repair to their respective Garisons and Quarters and not to depart from thence without license And on the 16th of October there came out another Proclamation requiring all Titular Archbishops Bishops Vicars-General Abbots and other Dignâ—aries of the Church of Rome and all other exercising Ecclesiastical Jurisdiction by Authority from the Pope as also all Jesuits and other Regular Priests to depart the Kingdom by the 20 th of November and that all Popish Societies Convents Seminaries and Popish Schools should dissolve and separate themselves c. And that they may have convenience of Transportation all Ships outward-bound were by Proclamation of the 6th of November commanded to give timely notice of their departure and to take on board such of the Popish Clergy as desired to go with them And on the 2d of November the Papists were by Proclamation required to bring in their Arms by a certain day which being expired that the Justices c. should search for them And that all Papists that had above one Pound of Powder should send in an Account of their Store On the 20 th of November a Proclamation issued forbidding the Papists from coming into the Castle of Dublin or any other Fort or Cittadel and ordering the Markets of Droghedagh Wexford Cork Limerick Waterford Youghall and Galloway to be kept without the Walls and that no Papists should be suffered to reside or dwell in any Garison except such as had been Inhabitants there by the space of twelve months before and that the Papists should not meet in unusual Numbers or at unreasonable times And the same day issued another Proclamation for a reward of 10 l. for every Commission'd Officer 5 l. for every Trooper and 4 s. for every Foot-Soldier that can be discovered to have gone to Mass since he took the Oaths of Supremacy and Allegiance And here it will be but Justice to the memory of the Duke of Ormond to
furious in this matter and so inhumane that he kept one Henry Rice in close Prison six weeks in a Dungeon and kept him waking a very long time in hopes that Severity and Distraction might induce him to accuse the rest of his Acquaintance and when he found they were all acquitted even by a Jury whereof the Foreman was a Papist he was enrag'd and troubl'd to the last degree and died within a week afterwards But on the last of March 1685. the Duke of Ormond came to London leaving the Sword with the Lord Primate and the Earl of Granard who were nominally Lords Justices but the Power was in effect in the Earl of Tyrconnell who was Lieutenant-General of the Army and by his means the English Militia were not only deprived of their Arms and by Proclamation ordered to send them into the Stores but the English in the Army began also to be turned out under the pretence of being Oliverians or the Issue of such But 1678. not long after the Protestants were revived by the arrival of the Earl of Clarendon Lord Lieutenant and Sir Charles Porter Lord Chancellor for tho the Irish did every-where give out That they were both Papists yet they soon became sensible of their error and to their great trouble found that those Lords wanted no other Qualifications but that of Power to make the Protestant Religion and the English Interest flourish in Ireland In short they did all that wise and honest Men could do and were too great a Blessing for that unfortunate Countrey to enjoy long and therefore they were removed in February 1686. to make room for the Earl of Tyrconnell who was then sworn Lord Deputy For tho this Lord being Lieutenant-General did even in the Lord Clarendon's time so model the Army that most part of the English were disbanded yet he met with so many rubs in That and Other of his Designs that he despaired to accomplish his Project or to satisfie his Ambition unless he were Supreme in the Government Tyrconnel having thus gotten the Sword of State into his hands quickly turned the Edge of it upon the poor Protestants who were amaz'd to see him act so openly in such a Despotical and Arbitrary manner for some of his Agents not only disbanded most part of the remaining English but insulted on their Misery by doing it reproachfully and added to their affliction by turning them out far from their Friends and their Habitations and took away the Cloaths of some and the Horses and Arms of others without giving them any proportionable recompence And he also changed the Irish Soldiers so often that tho the Army did not consist of more than seven or eight thousand Men yet five times that number by these frequent Changes were taught the use of their Arms and by this means he had a considerable Militia ready upon all occasions Moreover he issued Quo Waranto's against all the Charters at once and altho that procedure did manifest to the World that it was not the Fault of any one or more Corporations that was endeavour'd to be punish'd or reform'd but that it was a fixed design to Subvert the Corporations and consequently to Model the Parliament and the Laws to the Interest and Humour of the Papists yet being Masters of standing Armies both in England and Ireland they thought themselves sure of their Game and that it would be the more Generous and Brave if they acted publickly and as it were in defiance And therefore they dissembled the Matter no longer but appointed two Popish Judges in every Court that they might be sure of a Majority upon all Occasions they also appointed Popish High-Sheriffs throughout the Kingdom and they put so many Papists into the Commission of Peace the Privy-Council and all Places of Authority that they were able to Rule all where-ever they came And as soon as the Charters were Condemn'd there were new Ones granted for the most part to such inconsiderable and beggarly Fellows as were unable to pay for them so that many were left with the Attorney General in Pawn for his Fees however in all these Charters they put in near one third English most of which were Quakers or other Dissenters but at the same time took care to limit the Power and especially that of chusing Parliament Men so that the English if unanimous should not be able to give them any Impediment But the English being the principal Traders and the most Wealthy Men in Ireland It must necessarily follow that the removal of their Plate and other Effects into England and the general Decay of Trade that ensued upon the Apprehensions they had of these Violent and Irregular Proceedings did diminish the Publick Revenue to a degree of rendring it unable to support the Necessary Expences of the Government this indeed was a sensible Stroak and would have changed all their Measures if any thing less had been in the Bottom than a fixt Resolution to subvert the Established Religion and to introduce Popery and to make Ireland a secure Retreat for those whose designs might perhaps miscarry in England However these rapid Motions of Tyrconnel made such a noise in England as occasion'd that Lord to be sent for over to meet the King at Chester the poor Protestants flattered themselves with hopes of some intervals of Moderation from this Interview but they soon found the fatal Effects of this Conference not only in the Continuation but in the encrease of their Grievances And thus the Irish having to their Advantage in Number gained also the whole Power Military and Civil into their Hands thought themselves in a Condition not only to secure Ireland but also to send over considerable Assistance to carry on THE CAUSE in England and accordingly Tyrconel did send thither about 3000 of his choicest Men. This was the single Action that conduced most to the Preservation of these Kingdoms all other things were but subservient thereunto or at most but concurrent with it for whilst other Grievances did but disoblige a certain Number or a Party the bringing in of the Irish alarm'd every Body and especially the Army so that his Present Majesty Landing not long after met with such easy and speedy Success as amazed the present and will be the Wonder of future Ages Moreover to compleat the aforesaid Number of 3000 Men Tyrconel did very improvidently withdraw the Garison of Londonderry without sending another in its stead as not suspecting the sudden Revolution which afterwards happened nor thinking that Derry would dare to refuse a Garison whenever he should think fit to send them one But it was not long before he saw his Error and having Recruited his Forces he sent a new-rais'd Regiment under the Earl of Antrim to possess themselves of the City of Derry This Regiment Quartering in and about Newton on the 6th of December Collonel George Philips sent one James Boyle to give notice thereof to Londonderry and to advise them to shut their
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
Soldier because he had English Bisket in his Pocket Sullevan 67 O Sullevan tels us that from 1168. to the Apostacy of Henry VIII the English though Catholicks by continual Tyranny and Rapine destroyed the Discipline of Church and State and fol. 67. that the English were Irreligious Inconstant and Heretical being in Dioclesian's Persecution Apostates afterwards Arians then Pelagians then Heathens then Idolaters then Murderers of S. Thomas of Becket and then Protestants in a Word wherever they dare do it they do not spare to asperse the English Nation and Government with most Malicious and Opprobrious Accusations and whoever considers That the Bishop of Clogher did so purge his Ulster-Army that he would not suffer any Papist to be in it that was of English Extraction and the Advice of Mr. Mahony in his Disputatio Apologetica Not to make a Priest of English Race nor to trust any that are so Whoever I say considers this and the true Reasons of it will easily be convinced That the Old English and the Old Irish will one Time or other split upon the old indelible National Antipathy As to the second viz. Interest it concerns the Irish and the Old English both of which have Inteterests incompatible with the New English For when the English Lords usurped Irish Arbitrary Power as aforesaid and the Commons being made Vassals to their Lords and holding their Properties but precariously fell naturally into Licentiousness to the Ruine of the Commonwealth The Duke of Clarence in the Reign of Edward III thought to cure this Malady by resuming those Palatinate Jurisdictions and other great Priviledges those English Lords had so enlarged and abused whereupon the Earl of Desmond broached the distinction between the English of Blood and the English of Birth and the former did not only confederate together but also brought in the Irish to their Assistance and Gosip'd Foster'd Married and Incorporated with them so that the Government was obliged to relax their intended Severity and to let these old Englishmen lord it as they pleased till a better Opportunity should be offered for the intended Resumption However from henceforward the Old English and Irish kept a Correspondence and upon the Reformation became more firmly united by the common tye of Religion and under Pretence of defending Religion and their usurped Jurisdictions they were found together in many Rebellions and their Estates confiscated and given to the new English so that they are united in a common Interest to recover their forfeited Estates if they can and when that is done the Irish have their particular Interest apart to recover their old Estates from the first Conquerors or Intruders As for the third viz. Religion I need not explain the Irreconcilable Antipathy that is between the Roman Catholick Religion and Heresie or between true Religion and Idolatry the Differences of Nation and Interest may be suspended lessned ay buried and annihilated but there is no Reconciliation to be made between God and Mammon This great concern has so silenced all the rest that at this Day we know no difference of Nation but what is expressed by Papist and Protestant if the most Ancient Natural Irish-Man be a Protestant no Man takes him for other than an English-Man and if a Cockny be a Papist he is reckoned in Ireland as much an Irish-man as if he was born on Slevelogher the Earls of Insiquin and Castlehaven are Examples hereof the one being of the best and ancientest Family in Ireland was yet the beloved General of an English Army and the other being the second Baron of England was Commander of the Irish Forces There is also another Difference in Religion between the Episcoparians and the Dissenters which last are branched into several Sects but it is not at all or very little taken notice of in Ireland because they do really manage this Affair more prudently than some other more celebrated Nations and sacrifice these petty Fewds to the common Interest of opposing Popery And that these Distinctions may appear to be neither trivial nor meerly Notional it will be necessary to give Instances of these several Factions in the late Irish Wars and first there was an Army of all meer Irish not an English Papist among them commanded by the Bishop of Clogher and another of meer English all Papists under General Preston And secondly There was an Army of Old English and Irish under the Lords Mountgarrat Taaf c. and an Army of New English commanded by the Earls of Ormond Insiquin c. And thirdly there was an Army of Papists under the Nuntio and an Army of Protestants commanded by the Marquess of Ormond But how stand these great Differences at this Day Why truly worse than ever for as to the first Whereas the Old English were heretofore on the British side in all National Quarrels they are now so infatuated and degenerated that they do not only take part with the Irish but call themselves Natives in distinction from the New English against whom they are at present as inveterate as the Original Irish though perhaps Time may open their Eyes and rectifie that Error And as to the Second whereas at Queen Elizabeth's Death the Protestants had not above a fourth part of the Kingdom the Escheats in Ulster in King James his time and the Act of Settlement since has given them two fourths more so that now they have three Quarters of the whole and thereby more Irish are disobliged than were formerly and their Loss is greater and consequently their Interest to regain it is larger and more pressing than it was in former Times As to the third viz. Religion it 's certain the Papists were never so enraged at the Northern Pestilent Heresie as of late they have been and the Folly Insolence and Cruelty of these last seven Years has justly rendred Popery more odious than ever to the Protestants But was there no way to secure Ireland without Sanguinary Laws and Inhuman Persecutions Yes sure if People would in time have set themselves to repair the State of Ireland as the Jews under Nehemiah did to re-edifie the Walls of Jerusalem viz. every one build over against his own House the Matter had been easily and quietly accomplished for the formidable Bulk of Irish Papists were for the most part Servants or Tenants to Protestants and of their breeding up and if the English would have sacrificed a little sordid Profit to the Publick Good and have countenanced and indulged Protestant Servants and Tenants instead of Papists a very few Years would have put themselves and their Religion out of Danger But at this Day the Provocations are carried so high and the Irish have abused the English to that degree of Barbarity and Ingratitude that it will be hard to perswade the Protestants to trust them again or to live neighbourly with the many more Nevertheless since Extirpations are Cruelty in the Abstract and odious to Human Nature there must be a Method found out to
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
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
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 Dempsâ—es But the Lord Justice was not ablâ— to pay so great an Army being near ten thousand Men 〈◊〉 therefore he was fain to connive at their extorting Coyn anâ— 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
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 nunâ— 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 Mandâ—â— est Justiâ— 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
three Estates were assembled and this sort of Parliament is intended in the Submission of Mac. Mahon 25. Hen. 6. whereby he promiseth that in time of Arch-Parliaments he will carry nothing away out of the English Pale contrary to the Statutes Thus the Annals of Ross mention Quod Magnum Parliamentum tenetur apud Dublin 1333. And Mr. Cambden ad annum 1341 calls it Commune Parliamentum But after all there were but very few Cities or Corporations that were concerned in or summoned to an Irish Parliament until of later Days The Earl of Desmond did indeed associate with the Deputies of many Towns in his Assembly at Kilkenny but that was to strengthen his Party and to enlarge his Confederacy so that whoever will look for an Irish Parliament consisting of Lords Spiritual and Temporal Knights Citizens and Burgesses summoned by the King 's Writ on forty Days Notice and sitting in several Houses as the Custom is now must search the Parliament Rolls to satisfie himself which was the first Parliament of that sort in Ireland for he will not in any History find a sufficient Information in that Particular as I suppose But let us return to the Lord Justice 1345. who summoned a Parliament to meet at Dublin the seventh of June but the Earl of Desmond still refused to come thither and had appointed another Assembly at Calan at which Place several great Men had promised to come Fryar Clun ad annum 1344. but they were prohibited by the King 's Writ and therefore excused themselves to the Earl But the Lord Justice to abate the Insolence of the Earl of Desmond advanced the King's Standard into Mâ—nster he seized on the Earls Lands and gave them in custodiam to those that would take them He also by Stratagem took the Castles of Iniskilly and Island in October following and he hanged three Knights that commanded them viz. Poer Grant and Cotterel Ware antiq 69. Quia multas graves extraneas intolerabiles leges exercuissent tenuissent invenissent viz. Coyn and Livery c. It is probable that Desmond was so mortified with this Usage that he surrendred himself to the Lord Justice and was let to bail on the Recognizance of the Earls of Vlster and Ormond Lib. P. and twenty four Knights but finding the Severity of this Governor he thought it dangerous to appear according to the Condition of the Recognisance and therefore it was estreated into the Exchequer and though the Noblemen and some of the Knights made a shift to get rid of this matter yet eighteen of the Knights lost their Estates and were utterly ruined thereby This Lord Justice did also use means to apprehend the Earl of Kildare which at last he effected and kept him in Prison where he continued till the twenty sixth of May 1346. and then he was discharged by the new Justice on the Recognisance of twenty four Lords and Gentlemen About this time viz. 18 Edw. 3. Seals were made for the Courts of King's Bench and Common Pleas in Ireland And the King pardoned the Archbishop of Dublin late Treasurer of Ireland for sundry false Writs and Acquittances which he had put into his Treasurers Account in deceipt of the King But on Palm-Sunday being the ninth Day of April this severe Governor submitted to his Destiny 1346. to the great Joy of the generality of the People And it is observeable That his Lady who was received like an Empress and lived like a Queen was fain to steal away through a Postern-Gate of the Castle to shun the Curses of her Enemies and the Clamour of her Creditors Sir Roger Darcy was immediately appointed Lord Justice ex assensu ordinatione Regalium aliorum in Hibernia and sworn the 10th of April but he continued only till the 25â—h of May and then surrendred to Sir John Morris Lord Justice who met the bad News that in April before the O Mores had burnt the Castles of Ley and Kilmehide He released the Earl of Kildare out of Prison as aforesaid but continued not long in his Government so that there is little mention of what was done in his time saving that in June the Irish of Vlster slew three hundred of the English of Vrgile and immediately thereupon Sir Walter Birmingham 1346. Lord Justice landed in Ireland and was sworn the 19th of June he procured leave for the Earl of Desmond to manage his Cause in England where that Earl was kindly received and allowed by the King twenty Shillings per diem from the day he landed for his Expences his Estate being I suppose in Custodiam he was diligent in his business and followed the Law hard says my Author for satisfaction for the wrongs done him by Vfford The Lord Justice and the Earl of Kildare in November pursued the O Mores so effectually that they forced them to submit and give Hostages and thereupon the Earl of Kildare obliged by the kindness shewed to his Cozen Desmond in England went in May to serve the King at Calice 1347. where he was Knighted by the King for his good Service and the Lord Justice return'd to England leaving John Archer Prior of Kilmainham Lord Deputy in whose time Donald Oge mac Morrough call'd Prince of Leinster was murdered by his own Followers on the 5th of June and the Town of Nenagh was burnt by the Irish on St. Stephens Day Sir Walter Birmingham 1348. Lord Justice came again from England having first obtain'd for himself the Barony of Kenlis in Ossory which formerly belonged to Sir Eustace Poer one of the Knights taken by Vfford in the Earl of Desmonds Castle of Island and there executed It was about this time Cottons Rec. 66. viz. 21 Edw. 3. that the Commons in the English Parliament did petition the King that Enquiry might be made by good men why he taketh no Profit of what he hath in Ireland seeing he hath more there than any of his Ancestors had And if default be found in the Officers that then such others be put into their places as will answer the King of the reasonable Profit thereof and the King was pleased it should be so They also desire that the Estate of the Earl of Vlster which if the Kings Daughter-in-Law the Duchess of Clarence should die without issue might descend to Co-parceners some of which are the Kings Enemies might be setled otherwise And it seems that by the good usage Desmond and Kildare found in England and France and the daily expectation to have the resumed Lands and Jurisdictions restored which was done anno 1352. the Kingdom was so quiet that we find little or nothing recorded of these times except the alteration of the Governors viz. that The Lord Carew 1349. Lord Justice succeeded Birmingham and that Sir Thomas Rokeby 1349. Lord Justice came over the 20th of December and afterward he returned to England and left Maurice de Rochford 1351. Bishop of Limerick Lord
Ireland they proceeded to crown this Impostor at Christ-Church in Dublin with a Crown which they took from the Statue of the Virgin Mary in S. Mary-Abby and this Ceremony was rendred more solemn by a Sermon preached by the Bishop of Meath on the occasion and by the Attendance of the Lord Deputy the Chancellor Treasurer and other the great Officers of State And after he was crowned they carried him in Triumph upon the Shoulders of Great Darcy of Platten But the good Archbishop of Armagh refused to be present at this ridiculous Pageantry for which they gave him all the Trouble they could But it seems they were conscious of their Misdemeanour in this Matter and they knew how to purchase Absolution and therefore they called a Parliament or Assembly in the Name of their new King and the Clergy gave the Pope a Subsidy to absolve them So eager were these People to follow the Fortunes of this Mock-King that Thomas Fitz-Girald resigned the Chancellorship to the Lord of Portlester the better to be at liberty and so together they went for England and landed in Lancashire where Sir Thomas Broughton and his Party joyned them they marched through Yorkshire to Newark and being stopt there they turned aside to Notinghamshire and near the Village of Stoke 1487. on the the eleventh of June after a desperate Fight for three Hours they were totally defeated and all the Commanders and four thousand Soldiers slain and Lambert and his Master Symon were taken Prisoners and the latter was imprisoned and the former made one of the King's Falconers In December James Fitz-Thomas Decemb. 7. Earl of Desmond in the twenty eighth Year of his Age was murdered at Rakele by his Servant Shane Maunta and others who were all taken and executed for it by Maurice his Brother and Successor in that Earldom The Earl of Kildare and the other Ministers of State that were Faulty sent Messengers to the King to implore his Pardon which after some exprobration and reprimand was obtained and he was still continued in his Office of Lord Deputy Ware 14 And the same Year the Inconveniences of Sanctuaries were somewhat lessned by the Pope's Bull for the better Regulation of them It seems strange That hitherto the King did not send any Soldiers into Ireland to suppress the remainder of the Faction of York perhaps he knew That if he took any severe course with them it would utterly destroy the Pale and by weakning the small Colony of English would turn to the Advantage of the Irish and therefore he contented himself with the Submission of those that had been Faulty and sent over Sir Richard Edgcomb to take new Oaths of Allegiance of the Nobility and Gentry and to bind them in Recognizance to performance and thereupon to give them a Pardon He brought with him five hundred Men which was rather a Guard than an Army and he arrived at Kingsale with five Ships on the twenty seventh Day of June he did not intend to come on Shoar there and therefore the Lord Thomas Barry i.e. Barry oge came on Board and there did his Homage for his Barony and took his Oath of Allegiance but the next Day Sir Richard Edgcomb at the Importunity of James Lord Courcy and the Inhabitants of Kingsale did come into the Town and in their Parish Church dedicated to S. Multotius the Lord Courcy did Homage and he and the Townsmen swore Allegiance and entred into Recognizance for the Observation of it whereupon they were pardoned And so after Dinner Edgcomb sailed toward Waterford where he arrived the last Day of June and having applauded the Loyalty of that City and assured them That the King would liberally remunerate their Fidelity he set Sail for Dublin and there he arrived the fifth Day of July and was received by the Mayor and Citizens in most humble and submissive manner at the Gate of the Abby of the Friers Preachers where he was to lodge The Earl of Kildare was then upon some Exploit against the Irish so that he did not come to Dublin until the twelfth of July and then he sent the Bishop of Meath the Lord Slane and others unto Edgcomb to conduct him to S. Thomas-Court where the Lord Deputy lay Thither did Sir Richard come and with a stern Countenance delivered the King's Letters to the Lord Deputy after which they had a Private Conference but many of the Nobility being absent nothing more was done at that time and so they departed the Lord Deputy went to Minooth and Sir Richard Edgcomb returned to the Abby The next Day being Sunday Edgcomb caused to be read in Christ Church after Sermon the Absolution of the former Excommunication which the Pope had lately granted at the King's Request unto all those that should thenceforward continue loyal to his Majesty and after some time and many Expostulations between the Commissioners and the Nobility they did at last agree on the Form of an Oath to be found at large in Sir James Wares Annals p. 17. Wherein this is observable that they swore not to hinder or disturb the excommunication of all such as should oppose the King of what Quality soever they should be And in the Oath of the Clergy it was added that they should publish the Popes Excommunication against all the Kings Rebels or Enemies in Ireland as often as they should be thereunto required Salvo Ordine Episcopali c. And so on the 21st of July the Earl of Kildare being first absolved from the former Excommunication after the usual manner in time of Divine Service did Homage to the Kings Commissioner in the great Chamber in Thomas Court and swore Allegiance and entred into Recognizance for the due Observation of it and then Edgecomb gave him his Pardon and put a Gold-Chain about his Neck which the King had sent him for a Present to signifie his Majesties entire Reconcilation to him The like Oaths and Recognizances were made by Rowland Eustace Baron of Portlester Lord High Treasurer Robert Preston Viscount Gormanstown James Fleming Baron of Slane Nicholas St. Laurence Baron of Houth Christopher Barnewal Baron of Trimletstown John Plunket Baron of Dunsany Walter Archbishop of Dublin John Walton who had resigned that Archbishoprick reserving the Mannor of Swords to live upon during Life John Bishop of Meath Edmond Bishop of Kildare John Purcell Abbot of St. Thomas Abby Walter Champflour Abbot of St. Maryes and James Cogan Prior of Holm-Patrick and then Sir Richard Edgecomb entertain'd them all at a splendid Banquet at his Lodgings and the next day the Mayor and Citizens of Dublin took their Oaths at the Tolsel and remitted a Copy of the Oath under the City-Seal to the King to certifie His Majesty that they had taken it And so on the 23d day of July Edgecomb went to Drogheda and thence to Trim and both those Towns as also the Prior of St. Peters near Trim and the Abbots of Navan and Beclif did in like manner
York Second Son of Edward the Fourth to whom the Crown did really belong if he were living and this Perkin did personate him so well that there remains some doubt to this day whether he were an Impostor or not but supposing he was it was cunningly contrived to let him first appear in Portugal as a Child that had in a skulking manner fled from the Cruelty of his usurping Unkle besides Portugal was a Place with which the Duchess of Burgundy had not much Correspondence and therefore it could not be suspected that she had a hand in the Cheat but however that be young Perkin set Sail from Lisbon and arrived safely at Cork where he was kindly received by the Citizens and particularly by John Walters an eminent Merchant of Cork who probably was then Mayor and whose Apprentice Perkin had been as they say he wrote Letters to the Earls of Kildare and Desmond for their Assistance against King Henry but before he received their Answers he received Letters from the French King inviting him thither and so to France he went and was royally received and entertained until that King made Peace with King Henry and then Perkin made a seasonable Retreat into Flanders where he was exceeding welcome to his supposed Aunt the Duchess of Burgundy and there we will leave him for a while and return to our â—ord Deputy He held a Parliament at Dublin 1493. on Friday after Midsummer which it seems vacated some Indictments and Inquisitions that had formerly been made to the prejudice of this Lord Deputy by the Means of the Lord Portlester and now the Tables being turn'd and the Votaries of the House of Lancaster at Helm the Lord Portlester himself was questioned in the Exchequer for the miss-management of his Office of Treasurer This Parliament did also repeal a former Act made against the City of Waterford and restored that City to all its ancient Liberties and Priviledges and it is probable that there was also an Act of Parliament now made for the general Resumption of all the Crown Lands that were alienated or granted away since the first year of King Henry the Sixth but none of the Acts of this Parliament are Printed except one for the cleansing of the Water-Course in St. Patrick-street in Dublin and so this Parliament being dissolved in August the Lord Deputy on the sixth of September following resigned to Robert Preston Viscount Gormanstown Lord Deputy to the Duke of Bedford who it seems had not Commission to call a Parliament nevertheless he did call one which met at Drogheda and made several Statutes which were absolutely void for the Defect aforesaid however they were expresly repeal'd by 10 Hen. 7. cap. 23. And these farther Reasons were given for it 1. That the Lord Lieutenant had surrendred his Patent before the Summons And 2. Because the Parliamentary Summons did not issue to all the Shires but to four Shires only On the Twelfth of September this Lord Deputy called several of the Nobility to Trim where they subscribed Articles for the Peace of the Kingdom viz. That no man should make War without the Deputies Consent and that several Extortions and Tributes that were used and demanded should be abrogated and suppressed and that Murderers Thieves and Vagabonds should be punished c. There were present at this Assembly Alexander Plunket L. Chancellor Girald Earl of Kildare the Bishops of Meath Kildare the Lords of Slane Delvin Killeen Houth Trimletston and Dunsany c. And they gave Recognizanse and Hostages for the observation of those Articles and after this he called the Parliament aforesaid In October the late Lord Deputy Fitz-Symons went into England to give the King a full Account as well of his own Government as of the present State of the Kingdom of Ireland and not long after viz. in November following the Earl of Kildare hearing he was impeach'd in England went also thither to justifie himself before the King but the L. Deputy leaving the Government in the Hands of his Son followed the Earl to England and by the Assistance of Sir James Ormond Lord Treasurer of Ireland he so far prevailed that Kildare's Justification was rejected and himself sent over Prisoner to Ireland to the end the Matter might be more fully examined upon the place 1494. by Sir Edward Poynings Knight of the Garter Lord Deputy whose chief Errand was to suppress the Abettors of Perkin Warbeck he came over the thirteenth of September and immediately made great Alterations amongst the Ministers of State Henry Dean Bishop of Bangor he constituted Lord Chancellor Sir Hugh Conway was appointed Treasurer Thomas Bouring was made Chief Justice of the Kings Bench as John Topcliff was of the Common Pleas and Walter Ever was made Chief Baron of the Exchequer all which were Englishmen born and good Lawyers and were sworn of the Privy Council of Ireland This Deputy brought over with him about one thousand Souldiers and resolved to invade Vlster to pursue some of Perkins's Friends that fled thither it is strange he should use the Earl of Kildare's assistance in this Expedition however together they went accompanied with Sir James Ormond who had resigned the Office of High Treasurer they did great Execution on the Irish and harass'd the Territories of O Hanlon and Mac Genis and others It was suggested That Kildare did secretly treat and conspire with O Hanlon to destroy the Lord Deputy for which he was Attainted as shall be shewn hereafter but it seems he was innocent of that Matter not only because O Hanlon cleared him upon Oath two years after but also because he was acquitted in England upon full hearing before the King Nevertheless Kildare's Brother did at this time seize on the Castle of Caterlogh whereupon the Lord Deputy was necessitated to clap up a sort of a Peace with O Hanlon and Macgenis and so having taken their Oaths and Hostages he immediately marched to Caterlogh which after ten days Siege 1494. was surrendred unto him And so in November on Monday before the Feast of St. Andrew sate that famous Parliament at Drogheda which Enacted I. That the Treasurer might appoint his under-Officers here as is used in England and shall account once a year here before the Barons of the Exchequer and such of the Council as the Lord Deputy shall appoint and the same Accounts to be certified into England and finally determined and setled there II. That no Minister of Justice viz. The Chancellor Treasurer Judges Clerk or Master of the Rolls nor any Officer Accomptant shall have their Places but during the King's Pleasure III. An Act adnulling a Prescription which Traytors and Rebels claimed in Ireland The Reason of this Act was because Richard Duke of York at his last being in Ireland did Cause an Act to be made That Ireland should be a Sanctuary for Refugees and that it should be Treason to disturb any body there by any Writ Privy Seal or other Matter from England and
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
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 Hâ—â—ingshead 82. Earl of Ormond their own Jealousies â—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
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
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 9â— 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
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 were Lords of Parliament The Abbot of Mellifont S. Thomas-Abby near Dublin S. Mary Abby near Dublin Baltinglass Jeripont Tintern in the County of Wexford Douske Tracton in the County of Cork Dunbrody Dunbrodiae Mage alias Nenai in the County of Limerick Wony alias Wethney in the County of Limerick Rosglass alias Monaster Evan Bectif Rathto in the County of Kerry The Priors of S. John of Jerusalem Christ-Church Dublin S. Peters near Trim Conal Kells in Ossory Kenlisae S. Patricks in Down All-Saints near Dublin Athassel Killagh S. Marys in Louth In the close of the last Year Ware 154 it happened that a Waterford-Ship loaden with one hundred Tun of Wine was in her return from Portugal put into Baltimore no sooner was it heard of but Finil O Driscol came on Board and very kindly invited the Merchant and Mariners on shoar to refresh themselves at his House after the Hardships they had suffered at Sea they readily accepted of his Invitation but met with another sort of entertainment than they expected for contrary to the Rules of Hospitality he most perfidiously kept them all Prisoners and distributed most part of the Cargo between himself and his Followers as he thought fit But as soon as the Citizens of Waterford were inform'd of this Treachery they mann'd two Sips and a long Boat and although Captain Dobins did easily recover the former Ship and all the Goods that were left which were about the fourth part of the whole and all the Prisoners yet the Citizens of Waterford were not contented with that but sayl'd to Inisherkin and took O Driscol's Castle there and razed it to the ground and destroyed the Island as much as they could and thence they went to Inchypyle which they served in the same manner and at length after they had destroyed Baltymore and the Country adjacent they carried away O Driscol's best Boat and abundance of Plunder and returned safely to Waterford In the mean time Ware 155. the King that he might not be thought to abandon the Religion of his Ancestors enacted in England the Bloody Law of the Six Articles and not long after revoked the Lord Deputy who left Ireland early in the Spring having first substituted Sir William Brereton 1540. Lord Justice in whose time the Irish Potentates began generally and publickly to own themselves Champions of the Papacy and to assume the specious Pretences of Liberty and Religion the better to cloak their Designs of Robbery and Rebellion Ware 156. for some of them being of a temper impatient to live as Subjects any longer than they are disabled to be Rebels were glad of any Pretence that might seem to justifie their illegal Proceedings and therefore many of them confederated together and especially O Neal O Bryan O Donel and O Carol and in the beginning of July appointed their Rendezvouz all four in West-Meath in order to invade and plunder the Pale but the Lord Justice got his small Army together and was joyned by two thousand of the Inhabitants of the Pale whereof many were Clergy-men who very well knew That whatever was pretended by the Irish yet Plunder and Depredation was meant and intended and therefore they were forward and active to defend their Country but as soon as the Rebels had notice of this Preparation which was counted great in those days those holy Champions dispersed their Forces into Woods and Fastnesses so that this terrible Bugbear vanished without Blows But the Lord Justice would not be so satisfied for he pursued O Connor into Ophaly and made several of the Fastnesses of that Country passable for Carriages and brought O Connor to that pass that he was forced to give his Son Cnoghor for a Hostage of his future Behaviour but not long after viz. on the 25th of the same Month of July Sir Anthony Saintleger Knight of the Garter Lord Deputy was sworn as was usual in Christ-Church Dublin and the Form of his Oath is to be found in Burlace's Reduction of Ireland pag. 106. and Ware 's Annals 157. This Lord Deputy by the help of Thomas Walsh one of the Barons of the Exchequer John Myn and William Cavendish two Auditors well vers'd in the Treasury did bring the publick Revenue into good Order and more to the King's advantage than ever it had been before But because some People have written extravagantly Present State of Ireland 12. That the Revenue in King Edward the Third's Days amounted unto thirty thousand pounds per annum and that the Earl of Desmond was able to expend ten thousand pounds per annum it will not be inconvenient to give the Reader an Account both of the publick Expence and Income for one Year during Saintleger's Government viz. for the Year 1543.  l. s. d. The King's Mannors and Lands per annum 6069 02 07 Customs of Dublin Droghedah Dundalk   and Trim 0319 13 04 The Fee Fee-Farms of Dublin and Droghedah 0200 00 00 Pâ—â—ty Farms Profits and Homages 0011 05 08 The twentieth part of the Spirituality 0287 02 01 ½ The King's Subsidy Spiritual and Temporal 0613 08 03  7500 11 11 ½    Irish Money Deduct 182 13 09 ½ for yearly Annuities and Proxies perpetual    and 1131 12 06 for Judges Clerks of Courts Customers Controllers Constables of the King's Castle of Dublin c. and Officers of the County and Liberty of Wexford and there remains 6186 05 08 Besides there were some Temporary Payments to be deducted viz. 500 l. per annum Pension to the late Prior of St John of Jerusalem and 759 l. 3 s. 4 d. per annum Pensions to the Religious Persons belonging to the suppressed Monasteries c. So that there remain'd clear to the King but 4927 l. 2 s. 4 d. For as on the one side there were some uncertain Profits that are not included in this Computation as Liveries Wardships First-Fruits the Profits of the Hanaper and the Tributes of Irishmen and likewise the Mannor of Dungarvan and some other small things not then setled are not in charge so on the other side there were some casual Expences for Buildings Reparations Concordatums Inquisitions Messengers c. that did more than tantamount the casual Branches of the Revenue The Charge of the Military List although the Army consisted of no more than three hundred seventy nine Horse and one hundred and fifty Foot amounted to almost eight thousaud Pounds besides Artillery and some other things that were constantly supplied from England that is to say The Lord Deputy's Retinue A Captain at four shillings a day a petit Captain at two shillings and an hundred Horsemen at ninepence apiece makes four pound twelve shillings per diem and that is an hundred and thirteen Pound eight shillings per mensem and per annum 1478 05 00. Mr. Robert Saintleger for the like Retinue for a year being thirteen months and one day 1478 05 00. Master of the Ordinance his Retinue a
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 Eslâ—â—â— 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
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 Countryâ—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
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
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 fâ—llowers marcht all night to surprise the Scots But 〈◊〉 their great amazement they found the Scots in a readinesâ—â—nd above 600 strong so that they were able to divide 〈◊〉 Army into three divisions so to assail the Royalists threâ— 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 â—â—â—one went for England where he was in an easie manner râ—â—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 â—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 Â Coshmore Coshbride 12 00 00 Â Ifeagh 18 00 00 Â Imokilly 60 00 00 Â Barretts 23 00 00 Â Conrâ—yes 05 00 00 Â Duhallow 30 00 00 Â Muskry 35 00 00 Â Bear and Bantry 13 06 08 Â 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 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 Bâ—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
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
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
Congregation at James-town Excommunicated the Lord Lieutenant and Declared against his Authority and they and the Assembly at Loghreah forced him out of the Kingdom Galway treated with the Duke of Lorrain and received his Ambassadour and that Town and Limerick and several Lords and Gentlemen did joyn in a Commission to treat with foreign Princes as appears Appendix 47. All the Kingdom did at length submit to the Kings Enemies and most of the Confederates took the Engagement to that Government which certainly dissolv'd the Articles of Peace and all Covenants with his Majesty with which that Engagement was inconsistent I should not insist upon it that the Peace was null and void from the beginning and impossible to be performed because the King could not repeal Acts of Parliament much less give away those Estates which were sold to the Adventurers for valuable Consideration by Act of Parliament but that the Confederates had by a previous Engagemen there recited p. 205. which P. W. stifly denies and my Lord of Oâ—â—ery probably had not seen pre-ingaged themselves to return to their first Confederacy if the Articles of the Peace were not fully performed to them Lastly Those Articles were not to be binding unless they should be confirmed by the next Parliament and since they missed of that Ratification they are totally vanished and dissolved and have no manner of Obligation upon any Body Another Question may be made The Tenth Question Whether the Quarrels of the Confederates against the Marquiss of Ormond were founded upon a prejudice to his Person a hatred to his Religion or an aversion to his Authority To which I Answer That their Dissatisfaction with that Lord was not at all in respect of his Person or any Qualifications he had except that of a Protestant Vice-Roy but their hatred to him was partly upon the Account of his Religion but chiefly upon the Score of his Authority for altho' they load his Memory with innumerable false and scandalous Aspersions yet those of Heretick and Idolater of Majesty are not the lâ—ast spiteful nor as they thought the least infamous But after all they can forge or say They confess It would be the same thing if any other of the same Religion should have the Government out aliquis alius ejusdem professâ—onis invidiae in Catholicos says the Bishop of Fernes pag. 34. Noâ— in ullam aliam pacem cum Ormonio aut ullo alio Heretico prorege Nuncius conveniret says Father Ponce pag. â—79 and he fairly gives the Reason of it for a Heretick will never be fond of Popery says he Summe timendum est quemâ—unque adversae Religionis non satis prospecturum Catholicae And tho' the Vice-Roy were a Roman Catholicks yet as long as the Prince that Authorizes him is a Pretestant or King of England they will not be satisfied and the Reason of this is plain viz. That such a Vice-Roy must obey the Commands of his Heretick Master P. W. Letters pag 12. and must preserve Ireland in Subordination to England whereas their main drift was to make it Independent or to alienate it to a Foreigner yet this Assertion would hardly be believed but that we can back it with an instance in the Case of the Marquiss of Clanrickand whom they affronted and traduced as bad as they did the Marquiss of Ormond and Father ponce his Book is written to vilifie that Noble Lord who had no fault in him except his Religion nevertheless they treated him with that degree of Insolence as to threaten his Lieutenant General P. W. Remonstrance 585. to rent the Army from him if he did not dismiss his Confessor immediately they also gave up the Towns and particularly Galway without consulting him tho' he was at hand and they treated with foreign Princes contrary to his Express prohibition and others that he did Authorize had the Confidence to vary from his Instructions and to decline his Name and Authority And what better can you expect from a People which as P. W. observes are wholly given up to be instructed by Anti-remonstrant Priests P. W. Letter to the Earl of Essex pag. 19. known maintainers of the most Anti-Christian Maxims of Disloyalty even to the unsheathing of Swords and cutting of Throats And Lastly It may be demanded Whether all and every of the Irish be guilty of those Crimes and Qualities that in this History may seem attributed to them under the indefinite Appellation of Irish To which I Answer That they are not all Guilty but on the contrary there are undoubtedly very many Lords and Gentlemen of worth and virtue in that Kingdom who abhor and detest those Cruelties and Treacheries which the Generality of their Country men have exercised upon the English nor had I the least design to condemn the Innocent with the Guilty or to asperse any Man of Honour or Worth and therefore tho' I have good Warrant even from Scripture Phrase and Example to use the indefinite Expression when nevertheless many particulars are not comprehended in it yet to avoid all Ambiguity or Mistake in this matter I do here once for all advertise the Reader That where ever he finds the word Irish he understand it only of the Irish Rebels or of the Commonalty or Generality of that Nation as the Sense will best direct him THE REIGN OF JAMES I. KING OF England Scotland France AND IRELAND HITHERTO the Irish Historians have represented their Countrey-men Analecta Hiberniae Sparâ—im as if they were influenced by the most abstracted Considerations of Religion and Honour Ogigia in Preface pag. 4. and as if they were agitated by a generous desire of their Native and Original Liberty and excited by an unparallell'd Loyalty to their Ancient Monarchy to resist and endeavour to shake off the Violences and Usurpations of England whilest one Generation following another in Imitation of their Godly and Worthy Ancestors have gallantly endeavoured to deliver their enthralled Nation from Oppression as Pope Urban VIII words it in his Bull and therefore their Historians do boast of the multiplied Rebellions of the Irish as so many brave Efforts to rescue their Nation from the Bondage of those English Collectors of Peter-pence whom they would hardly vouchsafe to style their Kings But now that the Royal Family of the Stuarts hath ascended the Throne to whose Sacred Blood the Irish Nation hath contributed whose Pedigree is founded on the Famous Irish Milesian Princes Prospect Epist Dedic now that the Irish have got their own Countrey-man for their King a King whose Ancestors and first Predecessors were of their own Blood Propositions at Oxford 1642. a Prince not only of Irish Extraction but such a one as is of the Royal Line and even by the Irish Law ought to be King of that Island and was as they say the One hundred twenty first King of Ireland in a direct Line from Adam Ogigia in epist whereof Eleven were before the Flood
House of Commons consisted of Two hundred thirty two Members whereof about Six were absent so that of sitting Members One hundred twenty five were Protestants and 〈◊〉 were Pâ—pists But the List of the Commons being called over by the Clerk of the Crown No others but such as were return'd as aforesaid were suffered to enter the House of Lords to hear the Lord Chancellors Speech but that being ended the Commons were ordered to their own House to chuse a Speaker whom they were to Present to the Lord Deputy the Friday following and the Lord Deputy told them that the King had recommended a Speaker to them one his Lordship thought beyond exception and should be named to them by some of the Privy Council when they should come to their House And accordingly the House being sate Sir Thomas Ridgway Vice-Treasurer and Treasurer at Wars made a storid Speech and in the end proposed Sir John Davis for their Speaker and that he was the Man the King and Deputy thought fittest for that Office which was answered with a great Acclamation of Consent Hereupon Sir James Gough stept out disorderly into the midst of the House and offered to make a Speech there but being ordered by the House to go back to his place and speak there he did so and then stragling from the Matter in question which was the Choice of a Speaker he alledged that the new Corporations had no Right to chuse nor could any Body not resident or inhabiting in any Corporation be chosen Citizen or Burgess of it and therefore desir'd that Matter might be examined but concluded nothing as to the Speaker till being demanded for whom he gave his Voice He answered for Sir John Everard late one of the Judges of the Kings-Bench but being an obstinate Recusant was by his Majesties special Orders removed Gough was seconded by Sir Christopher Nugent and William Talbot late Recorder of Dublin who moved to the same Effect that the House should he first purged of illegal Members before they proceeded to the Choice of a Speaker Sir Oliver Saint John Master of the Ordnance reply'd That he knew by experience in sundry Parliaments in England that the Course and Usage was first to chuse a Speaker and then to settle Committees and examine Elections and that in their proper Season all Disputes about Elections or returns should be decided according to 〈◊〉 and to the Satisfaction of all good Men and concluded in 〈◊〉 of Davis and gave his Vote for him Hereupon the House was in a confusion Some crying Davis others 〈◊〉 but this noise being over Sir Oliver Saint John said It was the Usage of Parliament to decide Controversies by Questions and Questions by Votes that the Affirmative party usually 〈◊〉 out of the House and the Negative staid behind and so he 〈…〉 were for Sir John Davis to follow him out 〈…〉 to the number of One hundred twenty five The Treasurer and Marshal 〈…〉 Sir Christopher 〈◊〉 and Sir Christopher Nugent to joyn with them in numbering each Party on the contrary those in the House gathered themselves into a 〈◊〉 that so they could 〈…〉 however the whole number of the House 〈…〉 Two hundred thirty two where of Six were absent it was manifest that Sir John Davis had the Major Vote the Papists knowing this thourght to gain their point by a Trick and therefore whilst the Protestants were numbering without the Papists within that the Door and pretending themselves because Actually fitting in the House to be the House of 〈◊〉 they unanimously chose 〈◊〉 and 〈…〉 The Protestants being return'd 〈…〉 contemptuous Proceeding and declar'd the Election of Davis and desir'd 〈◊〉 to leave the Chair but 〈…〉 still and thereupon Sir Oliver Saint John told him that if he would not come out they should be oblig'd to pull him out and accordingly the Treasurer and Marshal did take Davis and fet him in the Chair on Everand's Lap but Everard continued obstinate and therefore the Treasurer Master of Ordnance and others did gently remove him and did place Davis in the Chair altho Sir Daniel O Brian and Sir William Bank endeavored to keep him in Hereupon all the Papists departed the House into an outward Room for the outer Door was shut by Orders of the House on their first sitting and Sir John Bleverhasset and Sergeant Beer being sent to them to desire their return to the House were answered that they would not return but would appeal to the Lord Deputy then Mr. Treasurer and Sir Henry Power went to them again and Mr. Talbot in the Name of the rest told them That those within the House were No House nor their Speaker No Speaker but that They were the House and Sir John Everard their Speaker and they would complain to the Lord Deputy and the King After this Sir John Davis began his Speech to excuse himself c. but Sir William 〈◊〉 and Sir Christopher Nugent interrupted him and rudely rushed in to call for the Keys of the outer Door and being ordered to take their Places they refused and contempruously went out again and the outer Door being opened all the Papists went out and protested they would return to the House no more On Friday after the House sat to the number of 130 whereof 14 Privy Counsellors and the Lord-Deputy sent for Mr. Marshal and the Master of the Ordnance and told them That William Talbot had been with his Lordship and receiv'd Commands that the Papists should return to the House and that Talbot had desir'd an hours time to return an Answer and that his Lordship had given time till Three in the Afternoon and therefore desir'd that the Commons would send their Sergeant at Arms to summon the Recusants to be at the House at that time but the House refused to send their Sergeant at Arms because the Recusants had appeal'd to the Deputy so they rose and met again at Three a Clock but no Papists came near them and therefore they went by themselves to the Deputy and presented their Speaker and being ask'd whether they were the greater number of the House and unanimous in the Election They answered in the Affirmative so their Speaker having made the usual Speech was approved of and then he made an excellent Discourse about Parliaments in general and This in particular and then the Commons went to their own House and adjourned to the next day In the mean time on the 19th of May the Popish Lords wrote a Letter to the King full of Complaints of the strange and preposterous Proceedings as they term'd it about the Speaker they express'd their Passions with moving Epithits stiling their Sedition Pins dolor and Justa-Iracundia they did not vouchsafe to give the Parliament that Name but called that Assembly An intended Action they also called the New Burroughs Titulâ— sine re and sigmenta sine rebus nor did they spare to reffect on the Persons of some of the new Burgesses of the new Corporations and
even to intimate some Menaces of Rebellion and in a manner delineated and discrib'd how it would be Imanaged And the same day the Papists of the House of Commons did likewise write to the Lords of the Council in England about the new Corporations and the wrong done their Speaker Everard and they exaggerated their Complaints to that degree as if their Extremities and Sufferings were so strange and so intolerable that they wanted Words to express or Patience to bear them and they laid all the blame on the Principal Officers and Counsellors of State And on the twentieth of May the same Men petition'd the Lord Deputy to dispence with their Attendance in the House of Commons because they were afraid of their Lives and they desir'd he would shew them by what Authority those sat in the House that were now in possession of it and they demanded to have a sight of the King's Letters the Grants and Charters of the New Corporations and of the Returns of Elections And the next day being the 21th of May they petition'd the Lord Deputy again importing That if they might be secure of their Lives and have the Benefit of the Law and that the Returns may be rectified that then they would repair to the House and present the Speaker All which the Lord Deputy granted and promis'd and thinking that they sincerely meant as they spoke his Excellency went to the Upper House in expectation that they would joyn with the rest of the Lower House and attend him with the Speaker But in stead of that on the same day they petition'd again That the new Burgesses might be first excluded and not admitted into the House till their Case was debated and determin'd altho they well enough knew that what they propos'd was unpracticable until first a Speaker was setled But their Business was to baffle and avoid this Parliament if possible to effect which they little matter'd what vain Pretences they made use of And therefore tho the Lords had nothing to do with the Lower House yet to make a Clamour as if they had been wonderfully abus'd they also petition'd the Lord Deputy the same 21th of May to the effect aforesaid and in their Petition asserted That the Lord Deputy's Commission did not authorize him to make New Corporations and concluded with a Request to be excused from attending the Parliament and to have leave to wait on the King in England The Deputy told them That the Affairs of the Lower House did not concern them and therefore commanded them to attend their own House and to proceed in a Parliamentary way to the Business of the King and Kingdom But they persisted in their Obstinacy and on the 23th of May they sent him a Writing in the Form of a Petition whereby they positively refus'd to come to Parliament until the King should take some better order to settle Matters as to the Lower House for tho the Houses were distinct yet they made but One Body and were but One Parliament and they protested against all Laws that should be made in their absence and that if any be made the Subjects will reject them as disorderly and unjustly enactedâ— And this was followed with a Petition of the Commons on the 25th of May wherein in a very sawcy and undutiful manner they pressed the Lord Deputy for a sight of the King's Letters about the New Corporations and for their Charters and the Returns of all the Elections and for a Copy of his Commission to hold that Parliament and for License to send Agents to England to acquaint the King with their Complaints Nevertheless the Lord Deputy by Proclamation commanded them to their respective Parliament houses to pass the Act of Recognition of his Majesty's Title assuring them that no other Bill should be read that Session And he also sent a Messenger to every Lord particularly to Summon him to attend the House But the Commons were so far from complying that on the same day viz. the 26th of May. they presented him with a Petition Recognizing the King's Title but utterly refusing to sit in the House unless their Speaker Everard might be approved and the new Burgesses rejected And the next day the Lords did in like manner by Letter Recognize the King's Title but refus'd to come to their House until the Affairs of the Lower House were rectified and setled Nevertheless both the Popish Lords and Commons had such a great Attendance and there was so great a Concourse at Dublin from all parts of the Kingdom which probably did wait but for some Pretence to be in Action that the Government did not think fit to imprison any of the Mutineers but took a wiser Course by adjourning the Parliament that so his Majesty's Pleasure might be farther known The Recusants lost no time but sent over Agents to the King and levied a Tax upon the People to bear their Charges altho' the Deputy publish'd a Proclamation to prohibit any body to contribute to the Charge of the Agents or to levy any Tax for that purpose and assur'd the People that the Agents went over for their own private Business or Caprichio and not for the Publick Good Nevertheless it appears by the Examination of John O Drea and Donough O Drea Lib. T. T. 175. taken upon Oath before Sir Lawrence Parsons that the Tax levied by the Priests and Jesuits for these Agents was Two shillings of a Yeoman and Five shillings of a Gentleman and that the Lords Barry Roch and others carried Priests and other Firebrands of Sedition with them to the Parliament at Dublin to instruct them how to behave themselves there and that there was a Dispensation brought over from the Pope by Fryar Thomas Fitzgirald unto the whole Kingdom of Ireland or rather all the Papists in it authorizing them to forswear themselves in all Matters moved unto them by the Protestants provided they do it equivocally Ita quod interna mentâ— secus opinentur and that the Deponent saw and read it It seems that the King who was of a peaceable temper and to save Charges had improvidently reduced the Irish Army to Seventeen hundred thirty five Foot and Two hundred and twelve Horse was willing to end this Matter in the mildest manner he could and received the Irish Agents kindly and the better to inform himself in this Affair he sent for the Lord Deputy into England and order'd him to substitute Lords Justices Doctor THOMAS JONES Lord Chancellor Sir RICHARD WINGFIELD Marshal who were sworn the Fourth of March 1613. 1613. They had little to do in Ireland because by the Presence of the Lord Deputy and the Irish Agents in England that Kingdom was become the Scene of Irish Affairs which were so well managed by the Lord Deputy that the King was fully convinc'd of the Seditious Designs of the Irish and therefore on the 21th day of April at the Council-Tale at Whitehall he made the following Speech before the Irish
Name of THE CASE OF TENURES and was excellently reported in Print by Baron Barry afterwards Lord Chief Justice of Ireland and Baron of Sautry This Grand Inquisition was counted so great a Master-piece of the Lord Deputies and so beneficial to the King and advantagious to the English Interest That some Persons who went to England to complain of it were there not only discountenanced but imprison'd and afterwards sent back to be dealt by as the Lord Deputy should think fit which it seems produced their Submission And not long after the Lord Deputy having first received Orders to Grant the Impropriations belonging to the King to the use of the Clergy and to Grant to Trinity Colledge near Dublin Lands equal in value to the Pension they had from the Crown of 388 l. 15 s. per Annum went to England to give his Majesty a Triumphant Account of his glorious Successes in Ireland which he performed to Admiration First to the King in a private Audience and afterwards publickly at the Council-board He there told the King and Council That he had found the Irish Exchequer of Paper but he had made it of Treasure and that he had not only improv'd the Patrimony of the Church of Ireland but had also brought it to be Conformable to that of England both in Doctrine and Government by the Acceptance of the Thirty Nine Articles there That before his going to Ireland the Lord Justices wrote That the Expence exceeded the Income 24000 l. per Annum and they had no ways to raise it but by the Levying Nine pence a Sunday on Papists for not coming to Church but that now it was far otherwise without that Persecution And he advis'd That the Army should rather be encreased than diminshed it being an excellent Minister and Assistant in Execution of the Kings Writs and the great Peace-maker between the British and the Natives and the best security of past and future Plantations That by the Statutes of Wills and Uses there will more advantage arise to the Crown of England than by the six Subsidies because thereby the insant Heirs of all great Families in the Kingdom will unavoidably come under the Guardianship of the King whereby they will be bred Protestants and of what Consequence this Superintendency is doth in part appear in the Person of the Earl of Ormond formerly the Kings Ward who if bred under the Wing of his own Parents had been of the same Affections and Religion with his other Brothers and Sisters whereas he is now a firm Protestant and like to prove a great and able Servant to the Crown and a great Assistant as well in inviting others to be of his Religion as in the Civil Government it being certain That no People are more apt to be of the Religion of their great Lords than the Irish are That by the Statute of fraudulent Conveyances the Irish are prevented in their cunning Disigns by secret and sleeping Conveyancies so that the King will have his Forfeitures and Wardships and the English be encouraged to purchase of them That before his time the Pirates infested the very Harbours and a Ship was fired by them in the Port of Dublin in sight of his Majesties Castle and the Pirates were robbing the Ship two days together without opposition the Reason was because our Sea-guard for want of Money did not come till August before which time the mischief was done but now they are well Paid and come in March and that now the Exportation is double to what is imported into the Kingdom That he discourag'd Woollen and encourag'd the Linen Manufacture and had sow'd 1000 l. worth of Holland-Flax Seed and set up six or seven Looms and doubts not Success because the Irish can under-sell France or Holland Twenty per Cent. And then he laments That the English of Ireland are treated as Aliens First In the Imposition of 4 s. per Tun on Coal Secondly In the Prohibition to transport Horses or Mares hence without excessive Custom Thirdly In the Imposition of 3 s. and 4 d. per Head for every live Beast exported thence and afterwards he procur'd a Privy Seal to supersede these pro tempore Lastly That tho' he was represented more like a Basha of Buda than the Minister of a Pious Christian King yet severity was not natural to him but assumed because it was necessary for the Restoration of a Despoyled Crown Church and People from the Claws of those that had been used to the Paths of an uncontroled Liberty and Oppression But to proceed ADAM LOFTUS Viscount ELY 1636. Sir CHRISTOPHER WANDESFORD Master of the Rolls were Sworn Lords Justices on the 3d. day of July 1636. and immediately some Fryars notwithstanding the former Proclamation had a publick Meeting and passed unpunish'd for the Lord Deputy wrote over That he held it not convenient to rub upon that Sore till they were provided for a thorough Cure These Lords Justices had Orders to call upon Corporations for a return of their pretended Priviledges to issue Money to finish the Fort of Galway to suspend the Lord Courcyes Pension to quicken the Admeasurement in Conaught and not to let any Soldiers be Transported But on the 23d of November THOMAS Viscount WENTWORTH returned Lord Deputy and then the aforesaid Case of Tenures was argued but the Judgment That the Letters Patent were void Husbands Collections 2 Part 245. did so Alarm the whole Nation that it was found necessary to delay the Execution for a time and afterwards Anno 1640. on private Conference with the Irish Committee then in England for it was not made an Article amongst the Grievances publickly complain'd of the King quitted the benefit and advantage thereof and so the vast Expence of this Grand Office and Inquisition which amounted to at least 10000 l. was in effect lost and this terrifying Bug-bear did not add one Acre to the Possessions of the Crown nor one English Plantation to the Kingdom as was at first design'd In the Year 1636 1636. John Atherton was preferred to the Bishoprick of Waterford and Lismore by a Symoniacal Contrivance as was believed says the Writer of Bishop Bedells Life pag. 144. but that is not probable because that Bishoprick was then so Poor that it was too small a Temptation to so great a Sin it is more likely that being a bustling Man of active Parts and a bold Spirit he was thought a fit Instrument of State to promote some Designs that were then on Foot and as proper for the Recovery of the ancient Possessions of his See as any Body that could be pitcht upon and accordingly we find him a fierce Adversary to the Earl of Cork and a severe Prosecutor of the Bishop of Killalla which last nevertheless lived to be his Successor And tho' Atherton did answer the Expectation of his Benefactors for a time yet his Tragical end by the hands of the Common Executioner on the 5th of December 1640. for a Crime
Lord Deputy He was sworn on the Third of April and was an intimate Friend of the Lord Lieutenants and was suspected to have imployed Agents to raze out of the Journal-Book of the House of Commons some Instructions that were agreed upon by that House for a Committee to Impeach the Earl of Strafford but it is certain he did what he could to hinder that Committee from going to England And besides Persuasions Rushw 469. he proceeded to forbid them that voyage upon their Allegiance Nevertheless they all got away privately some from one Port and some from another and came safely to England This Committe were the Lords Gormanstowne Killmallock Costilo and Baltinglass for the Upper House Nicholas Plunket Sir Robert Digby Richard Fitz-Gerrald and Nicholas Barnwall for Leinster Sir Hardress Waller John Welsh Sir Donough mac Cartby for Munster Robert Linch Geoffry Browne and Thomas Burk for Connught and Sir William Cole and Sir James Mountgomery for Ulster and they carried with them a Remonstrance from the Irish Parliament against the Earl of Strafford whom they prosecuted effectually and were under-hand so to do by the Discontented part of the Parliament of England And because this Remonstrance contains a great part of the History of those Times I have thought necessary to add it in haec verba To the Right Honourable the Lord Deputy The Humble and Just Remonstrance of the Knights Citizens and Burgesses of the Parliament Assembled SHEWING THat in all Ages since the happy Subjection of this Kingdom to the Imperial Crown of England Rushw 11. it was and is a Principal Study and Princely Care of His Majesty and His Noble Progenitors Kings and Queens of England and Ireland to the vast Expence of Treasure and Blood that their Loyal and Dutiful People of this Land of Ireland being now for the most part derived from British Ancestors should be Governed according to the Municipal and Fundamental Laws of England that the Statute of Magna Charta or the Great Charter of the Liberties of England and other Laudable Laws and Statutes were in several Parliaments here Enacted and Declared that by the means thereof and of the most prudent and benign Government of His Majesty and His Royal Progenitors this Kingdom was until of late in its growth a flourishing Estate whereby the said People were heretofore enabled to answer their humble and natural Desires 〈◊〉 comply with His Majesty's Princely and Royal Occasions by their Free Gift of One hundred and fifty thousand pounds Sterling and likewise by another Free Gift of One hundred and twenty thousand pounds more during the Government of the Lord Viscount Faulkland and after by the Gift of Forty thousand pounds and their free and chearful Gift of Six intire Subsidies in the Tenth Year of His Majesty's Reign which to comply with His Majesty 's then Occasions signified to the them House of Commons they did allow should amount in the Collections unto Two hundred and Fifty thousand pounds although as they confidently believe if the Subsidies had been Levied in a moderate Parliamentary way they would not have amounted to much more than half the Sum aforesaid besides the Four intire Subsides granted in this present Parliament So it is may it please Your Lordship by the occasion of the ensuing and other Grievances and Innovations though to His Majesty no considerable Profit this Kingdom is reduced to that extream and universal Poverty that the same is lesâ— able to pay Subsidies than it was heretofore to satisfie all the before-recited great Payments And His Majesty's most Faithful People of the Land do conceive great Fears that the said Grievances and Consequences thereof may be hereafter drawn into Precedents to be perpetuated upon their Posterity which in their great Hopes and strong Beliefs they are persuaded is contrary to His Royal and Princely Intention towards His said People Some of which said Grievances are as followeth I. The general apparent Decay of Trades occasioned by the new and illegal raising of the Book of Rates and Impositions upon Native and other Commodities exported and imported by reason whereof and of extreme Usage and Censures Merchants are beggar'd and both disenabled and discouraged to Trade and some of the Honourable Persons who gain thereby are often Judges and Parties and that in the conclusion His Majesty's Profit thereby is not considerably advanced II. The Arbitrary Decision of all Civil Causes and Controversies by Paper Petitions before the Lord Lieutenant and Lord Deputy and infinite other Judicatories upon Reference from them derived in the nature of all Actions determinable at the Common Law not limited into certain Time Cause Season or Thing whatsoever and the Consequences of such Proceedings by receiving immoderate and unlawful Fees by Secretaries Clerks Pursuivants Serjeants at Arms and otherwise by which kind of Proceedings His Majesty loseth a great part of His Revenue upon Original Writs and otherwise and the Subject loseth the Benefit of his Writ of Error Bill of Reversâ—l Vouchers and other legal and just Advantages and the ordinary Course and Courts of Justice declined III. The Proceedings in Civil Causes at Council-board contrary to the Law and Great Charter not limited to any certain Time or Season IV. That the Subject is in all the Material Parts thereof denied the Benefit of the Princely Graces and more especially of the Statute of Limitations of 24 Jac. granted by His Majesty in the Fourth Year of His Reign upon great Advice of the Councils of England and Ireland and for great Consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdom in open Assizes whereby all Persons do take notice that contrary to His Majesty's Pious Intentions His Subjects of this Land have not enjoyed the Benefit of His Majesty ' Princely Promise thereby made V. The Extrajudicial Avoiding of Letters Patents of Estates of a very great part of His Majesty's Subjects under the Great Seal the Publick Faith 〈◊〉 the Kingdom by Private Opinions delivered at the Council-board without Legal Evictions of their Estates contrary to Law and without Precedent or Example of any former Age. VI. The Proclamation for the Sole Emption and Uttering of Tobacco which is bought at very low Rates and uttered at high and excessive Rates by means whereof thousands of Families within this Kingdom and of His Majesty's Subjects in several Islands and other Parts of the West-Indies as your Petitioners are informed are destroyed and the most part of the Coin of this Kingdom is engrossed into particular Hands insomuch that your Petitioners do conceive that the Profit arising and engrossed thereby doth surmount His Majesty's Revenue Certain or Casual within this Kingdom and yet His Majesty receiveth but very little Profit by the same VII The universal and unlawful Encreasing of Monopolies to the Advantage of a Few the Disprofit of His Majesty and Impoverishment of His People VIII And the extreme cruel Usage of certain late Commissioners and
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
ordering the Country People to bring in their Corn to Market or else that their Haggards should be put under Military Execution by which means the Market was pretty well supplied And on the last day of December Sir Symon Harcourt with his Regiment of Twelve hundred Foot from England landed at Dublin But whilst these things were doing Sir Thomas Carey and Doctor Câ—le a Sorbonist offered from the Rebels some Propositions whereupon a Treaty for Peace might be founded viz. 1. Toleration of Religion 2. That Papists shall have admittance to all Employments as well as Protestants 3. The Wrongs of Plantations since 1610. to be repair'd 4. The Titles of Rebels and Traitors should be taken off the File by Proclamation But these Terms were too dishonorable and therefore were rejected Nevertheless some Popish Priests that pretended to more Moderation and Humanity than the rest were permitted to Treat with the Rebels and Doctor Cale obtain'd a Commission from the State to do so and promis'd great Success of his Negotiation But the Rebels were elevated with their Fortune insomuch that Sir Philemy O Neal refused to Treat unless Macgulre and Macmahon were set at Liberty and so that Affair determined And now Sir Simon Harcourt being made Governor of Dublin Sir Charles Coot on the Tenth of January was sent abroad to remove the Enemy from Swords a Village Six Miles from the City The Irish had barricadoed the Avenues to the Town and did what they could to defend themselves but Coot despising their weak Opposition valiantly forced the Passage and routed the Party with the slaughter of Two hundred of them and returned to Dublin with little or no Loss except that of Sir Lorenzo Cary who was killed in this Action On the Eleventh of January the Parliament was by Proclamation prorogued to the Twenty first of June 1642. But the Speakers declared to both Houses ☜ That notwithstanding the Prorogation it was not His Majesty's Intention to depart from or wave any thing he had formerly promis'd for the Confirmation of their Estates to such of his Subjects as should continue Loyal On the Fourteenth of January the Lords Justices and Council issued a severe Proclamation against Pillagers and Vagrants that were not Listed under any Commander and on the Eighteenth published another Proclamation prohibiting Soldiers from returning to England without Licence on pain of Death And on the Twenty fourth of January there landed at Dublin the Lord Lieutenant's Regiment of Foot under Lieutenant Colonel Monk afterward Duke of Albemarle Sir Michael Earnly's and Colonel Cromwell's Regiments likewise of Foot and the Lord Lisle's and Sir Richard Greeâ—vill's Regiments of Horse which enabled the Lieutenant-General Ormond with Two thousand Foot and Three hundred Horse to march out into the Country where he burnt Newcastle and Lyons and got a cosiderable Booty at the Naas and by this Joâ—â—ny removed the Enemy farther off See this Proclamation Burlace Append 6. and on the Eighth of February the Government issued a Proclamation against the Rebels prizing Sir Philemy O Neal's Head at a thousand Pounds and the rest at proportionable Rates against which the Lords of the Pale framed a false and scandalous Protestation But it is time to return to Tredagh which by the importunity of those of the Pale was become the Rebels chief Aim and next to Dublin the chief Care of the State It was the principal Scene of Action during the Months of December January and February and therefore I have preserved the Relation of that Siege intire without mixing it with other Affairs Tredagh in Irish Drogheda in Latin Pontana is an ancient Walled Town situate on both sides the River Boyne and united by a Stone Bridge from which the Town derives its Name It is about two Miles in Circuit and about three Miles distant from the Sea It had neither Bulwark nor Rampire nor any other Fortification than an ordinary Ditch and the old Wall The Haven is not good the Entrance being very narrow and difficult by reason of a Bar in the Mouth of the Harbor which is not passable but at Full Sea and then especially on Spring-tides a Ship of Sixty Tuns may sail to the Key of Tredagh Finally This Town is Governed by a Mayor Aldermen and Sheriffs and is a County of it self and stands in a plain open fruitful and Champion Country To this Town came the Lord Moor with his Troop of Horse from his House at Mellefont upon the first notice of the Irish Rebellion even on the Twenty third of October about Midnight and being alarm'd by the dismal Stories of some which had escaped the Cruelties of the Rebels he caused the Mayor and Aldermen to be awakened and excited them to a speedy and vigorous Preparation for their Defence They promised fairly but acted slowly insomuch that altho' many hundreds of the Townsmen well armed used to appear on Muster-days yet now they could not get above Forty Men together and those but very ill armed but afterwards the Number encreased to Two hundred However this Noble Lord was not discouraged but having got some old Guns out of a Dungeon and Four more and some Powder out of a Ship in the Harbor he scowred the Ditch and repaired the Walls and mounted his Artillery and reviewed Captain Nettervill's and Captain Rockby's half Companies each consisting of Forty four Men of the Standing Army and did every thing else in his power that was necessary for the Defence of the Place Nevertheless finding that all this would not do without farther Succour he went to Dublin in a dark Night and effectually represented to the Government the Weakness and Importance of Drogheda and offered to augment his own Troop of Sixty to a hundred and to raise a hundred Foot at his own Charge But what he obtained was a Promise That Succours should be speedily sent And in the mean time Captain Seafoul Gibson had a Commission and Arms for a hundred and twenty Men which he raised in Tredagh in two Hours time and that very Night they were set on the Watch and were kept to so hard Duty that this Captain and the Lord Moor did watch Ten Nights together in their own Persons which was the more troublesom to them because they were frequently on every day especially at Church-time disturb'd with Alarms purposely made by the Popish Inhabitants to distract them And altho' the Lord Moor had the good Success in several Sallies and Excursions to kill Two hundred of the Rebels and to take Eighty Prisoners whereof Six only were hang'd yet the Popish Townsmen finding that no Supply was come to the Town nor as they thought likely to come and that on the contrary the Rebels had taken Dundalk and Drâ—miskin formed several Contrivances to give up the Town One Night when they design'd it they were prevented by a Rumour That the Protestants had re-taken Newry and another Night Captain Nattervill who had form'd his half Company to his mind and was in
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
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 4â— that Sir John Netervill being indicted of Treason Petitioned the King setting forth that his Witnesses were forced by the Rack to swear more than was true and instances Cornelius Moran and that his own Examination was mutilated of all Matters that might excuse or lessen his Crime but upon Search it appeared that Cornelius Moran was not made use of as an Evidence against him at all and that the Clauses he mentioned to be expung'd were found uncancell'd in his Examination It seems that the Treaty about the Cessation so influenced the Army that it did little this Summer only Colonel Monk on the 27th of June issued out with a Party of Thirteen hundred Foot and 140 Horse and he had the good Fortune at a Pass on the Boyne near Castlejordan to encounter Four thousand Irish Foot and Six hundred Horse under General Preston and to get the better of them however for want of Provisions he was fain to march to Wickloe and was afterwards Commanded thence into Meath to attend Owen Roe O Neal whose Army was near Portlester and there he joyned the Lord Moor who was Commander in chief of this Party and tho' it did not come to a Battel yet the valiant Lord Moor was unfortunately Slain by a Shot from a great Gun not many days before the Cessation was concluded Neither was there much done in the rest of the Provinces for the same Reason but the little that was done ought to be mentioned before we touch the Cessation that so we may take that Treaty entire And first in Munster the Lord of Insiquin divided his Army in the beginning of May and himself marched westward Battel of Killworth whilst Sir CHARLES VAVASOR went Eastward and took Mac Thomas's Castle and other Castles in the County of Waterford But on the Twenty seventh of May the Army to the number of Four hundred Horse and Four thousand Foot rendevouzed at Bottivant from whence Lieutenant Colonel Story with Two hundred Horse and Twelve hundred Foot was detached into Kerry where they got a Considerable Prey and also rescued some English and on the Twenty eighth the Lord Insiquin with the rest of the Army marched to Killmallock and ranged to and fro thereabouts whilst on the Thirty first of May Sir Charles Vavasor with another Detachment attacked the strong Castle of Cloghleagh which he took on the Third of June but on the Fourth of June by great negligence and want of Conduct he was well beaten by the Earl of Castlehaven on the Plain between Formoy and Killworth and Six hundred English were there slain and Sir Charles and others were taken Prisoners which was a just Judgment upon them for suffering some inferiour Officers to violate the Quarter they had given to the Garrison of Cloghleagh and by this Considerable Victory the Rebels were so elevated that they made a brisk
declared That this is not meant or intended by any thing herein contained that this Nation will not insist upon the performance of the Articles of Peace and by all just means provide against the Violation of the same And inasmuch as his Majesty is at present as we are informed in the power of a Presbiterian party of the Scots who declared themselves Enemies to this Nation and vowed the Extirpation of our Religion ☜ we declare That it is not hereby intended to oblige ourselves to obey or observe any Governour that shall come unduely nominated or procured from his Majesty by reason of or during his being in an unfree Condition that may raise Disturbance of the present Government established by his Majesty's Authority or redound to the Violation of the Articles of Peace By the General Assembly c. Logreogh 24th of Decemb. 1650. IT is declared That by the word OUGHT expressed in the said Declaration this Day voted in this Assembly it is not meant or intended to look back or have a retrospect into any former Proceedings of the Clergy However they would not consent the following Clause should be added viz. Or set free or discharge the People upon any pretence whatsoever from yeilding Obedience to the Power and Authority intrusted by his Majesty in any Governour of this Kingdom during the Continuance of his Commission or the Powers and Authorities from thence derived although the Lord-Deputy did very importunately desire it But now that the Confederates have gotten a Governour to their mind one of their own Religion and in truth a brave Man it is but reason to expect that the Assembly should take valiant and unanimous Resolutions for a suitable Defence but Experience hath convinced the World that they who are most quarrelsom are not always most stout and therefore it is not to be wondered that it should within very few Days and before any new Misfortune happened be proposed in the Assembly That they might send to Treat with the Enemy for the Surrender of all that was left However the major part of the Assembly rejected the Motion with Scorn whereupon the Bishop of Fernes proposed ☜ To resort to their first Confederacy and so proceed in their Preservation without any respect to the King's Authority And this disloyal Motion found so many Abettors especially of the Clergy that those who were zealous in opposing it were fain to reproach the Assembly by telling them That they now manifested that it was not their prejudice to the Marquess of Ormond nor their zeal to Religion that had transported them but their dislike of the King's Authority and their resolution to withdraw themselves from it That they themselves would constantly submit to it and defend it with their utmost hazard as long as they should be able and when they should be reduced to extremity that Treating with the Enemy could no longer be deferred they would in that Treaty make no provision for them but be contented that they should be excluded from any benefit thereof who were so forward to exclude the King's Authority ☞ But as some of the Irish that pretended Obedience and professed Loyalty were nevertheless daily undermining the Government in favour of the Nuntio and by b P. W. Remonstrance 583. mixing Truth and Lies indifferently and by clamour on the common Topick of ill Success did raise Sedition and foment Jealousies hoping to get rid of the Lord-Lieutenant and to get the Kingdom in their own power to dispose of it to the Pope or some other Forreign Prince as hath already been shewn So there were others that did actually correspond with the Cromwelists and poorly truckled to the prevailing Party for fear of whom they pretended at first to have rais'd their Rebellion insomuch that in a Letter of the Seventh of May the Earl of Castlehaven complains of the Marquess of Antrim's Defection and says That the Irish are so false that No-body is to be trusted for either the Husband or the Wife are still Treating with the Enemy and in their Camp And a greater Man than he in his Letter of June 26. to the King acquaints His Majesty That His Affairs are confounded by the ever-Disloyal Party of the Irish Clergy to whom Lying is as natural as Rebellion But that which is more wonderful is that the Popish Archbishop of Armagh and others should issue Precepts to pray for the Success of Cromwell's Forces P. W. Remonstrance 706 707. whilst Dominick Dempsy a Franciscan Fryer and Mr. Long the Jesuit asserted That the King being out of the Catholick Church it was not lawful to pray for him in particular or in general publickly except on Good-Friday as comprehended amongst the Infidels Jews Mahometans Pagans and Hereticks and even then it is lawful to pray but for the welfare of his Soul onely and not for his Temporal Prosperity But this will be the less admired P. W. Remonstrance when it is known that the same Archbishop of Armagh pleaded for favour from the Parliament to the Ulster Irish because says he They never had Affection to the King nor his Family And as for me says he I was never a Friend or Well wisher to any of the Four meaning the King the Dukes of York and Gloucester and the Marquess of Ormond And indeed the Irish began this Correspondence very early for in September 1649. Coll. Dungan writes to the Lord-Lieutenant That Kelly the Lord of Antrim ' s Priest was in Dublin with Cromwell And to manifest that it was not the Popish Clergy alone that entertained Disloyal Sentiments but that even some of their Nobility and greatest Men and such as had received both Honour and Estate from the King did ungratefully plunge themselves into the same Crimes I will add the substance of a Letter from Thomas Talbot to the Marquess of Ormond which I have faithfully extracted from the Original dated October 22. 1650 wherein he writes That General Preston being at the Lord Glanmalira ' s discoursing about the Clergy's Excommunication of all that should obey his Excellency's Orders wished The Plague had taken the Clergy that did not first seize on Ormond's Person and then they might go through with their Design c. That the General and Sir James Preston his Son after long and private Discourse with the Bishop of Dromore imployed Father Taylor to Ireton with many Instructions signed by Preston but written by the Bishop That Sir James Preston at Banchur expressed much bitterness against the King saying That he took the Covenant and Signed a Declaration against the late Peace with the Irish and wished The Devil would take all those that would Serve His Majesty after doing so base a thing and that for his part he would Treat with Ireton and was sure the Parliament would give the Irish advantagious Conditions That the said Sir James after long Discourse with Terence Coughlan told Mr. Talbot That Coughlan thought it Folly not to submit and take
and Garrisons of Inniskilling Culmore Cloghouter Castlejordan Carlingford Monaghan c. they made no considerable Resistance And in Munster Sir Henry Ingolsby went with a party to block up Limerick in July and had the good fortune to rout 4000 Irish that came to relieve it whereof 900 were slain and many taken Prisoners and Colonel Phair in August not only disturbed the Lord Insiquin's Levies in Kerry but also took in the Castle of Kilmurry and was very troublesome to the Lords Roch and Muskry But Ireton having refreshed his Army at Waterford marched through Wicklow and having taken a prey of 1600 Cows he sent Sir Har dress Waller with half of them to re-inforce the Blockade of Limerick and Waller in his march did take the strong Castles of Balliglaughan Ballycubane and Garygaglan and on the 9th of September summoned Limerick but it was in vain for the same Hugh O Neil that made the brave Resistance at Clonmell was now Governour of that City Ireton himself marched on to Sir Charles Coot and being joyned they went to Athlone but the Bridge being broke and the Town on Leinster side burnt Ireton left Coot there and having in his way taken two Castles in Mac Coghlan's Country together with Bi r which the Irish had deserted and burnt he came before Limerick but finding the Year too far spent and that Limerick could not be forced unless it were attacked on both sides the River he endeavoured to get Killaloo pass and so having taken Nenagh Castletown and Dromaneer he went into Winter-quarters to Kilkenny on the 10th of November In the mean time part of the Marquess of Clanrickard's Forces had retaken Bi r and the other two Castles in Mac Coghlan's Country and pretended to relieve Athlone if it should be distressed Whereupon Colonel Axtell Govenour of Kilkenny being joyned with the Wexford and Typerary Forces at Roscrea encountered them near Meleak-Island on the 25th day of October and gave them a sore Defeat killing 1500 Men and taking 200 Horse and all their Baggage In the mean time the Duke of Lorrain not having finished his Negotiations at Rome which I formerly mentioned continued his Dissimulation of Zeal for Religion and of concern for the Roman Catholick Irish whereupon the Lord Taaf whom Ormond had sent to the King to get forreign Supplies if possible finding that the King was in Scotland so that he could not get access to him made such importunate Application to the Duke of Lorrain that he procured the Abbot of Saint Catharines with some small Supplies to be sent to the Clergy and Catholick Nobility and Gentry of Ireland Ormond being then in France This Agent or Ambassador landed in the latter end of February 1650 at Galway and as soon as he understood that Clanrickard was left Lord-Deputy he gave his Excellency notice of his Arrival and afterwards shewed him his Credentials and assured his Excellency that the Duke his Master had so entire an affection to the King of England the prefervation of whose Interest in that Kingdom was the chief motive to him to offer his Assistance that if he had known any person had been intrusted there with his Majesty's Authority he would have Addressed himself unto him and no other and that he finding his Lordship invested with that power did what he knew his Master expected at his hands apply himself unto him with and by whose Directions he would alone steer himself through that Negotiation He told him the Duke had already disbursed 6000 Pistols for the supplying them with those things he heard they stood most in need of which were brought over by a Religious Person who came with him and that he was ready to be informed of what they would desire from his Highness that might enable them to resist their Enemy and that he would consent to any thing that was reasonable for him to undertake Hereupon a Committee of the Commissioners of Trust and some Prelates was appointed to Treat with him but as the Abbot varied from his first Proposals so the Popish Clergy did change and very from the Lord-Deputy's Instructions and turned out some of the Committee who would not comply with them and put in others in their room and though the Lord-Deputy prohibited their further progress in the Treaty upon such dishonourable Terms as the Abbot now propos'd yet they would go on to conclude it and thought they had excused their presumption well enough by saying That the Abbot would not consent to any other and that it was better to submit to hard Conditions than to break of the Treaty Whereupon the Lord. Deputy was so disgusted that he left the Town and refused to receive a Visit from this Ambassador that had so manifestly prevaricated from his first pretences By this stifness in the Lord Deputy the concluded Treaty vanished into smoak but the Abbot knowing his Master's design would not totally break off the Correspondence but on the contrary began to talk more mildly and as if the Duke would do very kind things if Agents were sent unto him Which being made known to the Lord-Deputy he appointed Sir Nicholas Plunket and Jeffery Brown for that Embasie and gave them such Instructions as he thought fit But the Prelates did not like that a matter of this importance should be managed without them and therefore under pretence of solliciting the Archbishop of Mecklin the Bishop of Leige and other Ecclesiasticks for Assistance they * Episcopi clerus multi alii precipui nobiles ac Magistratus earum Duarum civium quae Catholicis restabant Vindiciae Eversae 21. Vide the Commission Appendix 47. drew in some of the bigotted Nobility and Gentry and together impowered the busie Bishop of Ferns to interest himself in the Treaty with the Duke of Lorrain which he did with that Confidence and Rashness that was peculiar to him and spoiled whatever he meddled with and particularly the Negotiation in hand And that the World may know P. W. 585. they regard Clanrickard no more than Ormond that this Bishop and those of his party had no more regard to the King's Authority in the Roman Catholick hands of the Marquess of Clanrickard than whilst it remained with the Heretick Marquess of Ormond it is necessary to add the Bishop of Ferns's Letter to these Agents Plunket and Brown who were then in the same City with him viz. Brussels I Do with all sincerity offer mine own Opinion what is to be done by you in this Exigent which is to the end the Agreement you are making with his Highness the Duke of Lorrain become profitable to the Nation and acceptable in the Eyes of God that you would immediately with humble hearts make a Submission unto his Holiness in the Name of the Nation and beg the Apostolical Benediction that the Light of Wisdom the Spirit of Fortitude Victories Grace Success and those Blessings of God we one time enjoyed may return again to us The necessity of doing
this is the greater that the * Clanrickard Person from whom you come with Authority is for several causes Excommunicated A Jure Homine and is at Rome accounted a great Contemner of the Authority and Dignity of Church-men and Persecutor of my Lord Nuntio and some Bishops and other Church-men some of his own Letter come fair for the proof hereof you may be pleased to call to mind that he though much and often moved thereunto never joyned with the Confederate Catholiques until he found the opportunity of bearing down the Pope's Nuntio and had the Lord of Insiquin who not long before dyed his hands in the blood of Priests and innocent Souls in the Church or Rock of St. Patrick in Cashel to close with him in Society of Army the Nation hath now no cause to joy in that Conjunction of those two Stars Do you think God will prosper a Contract grounded upon the Authority of such a Man if some other way be not found of reconciling him to us That therefore what is prophane may be holy and what is rotten sound say in the Name of the Nation with the Prodigal Child Surgam ibo ad Patrem dicam ei pater peccavi in Coelum coram te And even immediately go to his Holiness's Inter Nuntio in this City to make this happy Submission Quia nescit tarda Molimina Spiritus Sancti gratia This being done go on chearfully with your Contract with this most Catholique Prince who did he rightly know the business without such Submission would never enter upon a Bargain to preserve or rather restore Holy Religion in a Kingdom with Agents bringing their Authority from a withered accursed Hand and God will send his Angels of strength and light before that People at least many of them who lying in Darkness and shackled with the Irons of Excommunication c. And it was by the sollicitation of this Angry Bishop and the influence the Clergy had over them that the Agents waving the Authority of the Lord-Deputy that sent them were induced to joyn with the Lord Taaf and in the Name of the People and Kingdom of Ireland to make the following Articles with the Duke of Lorrain An Agreement betwixt Charles the Fourth Duke of Lorrain and Theobald Lord Viscount Taaf Sir Nicholas Plunket and Jeffery Brown Deputed and Authorized by the People and Kingdom of Ireland I. THE most Illustrious Duke is to be vested with Royal Power under the Title of Protector Royal of Ireland II. Because Religion is the prime End and Subject of the Treaty all is to begin with an imploring Application to the Pope for his paternal Benediction and Help that he will not be wanting in things Spiritual or Temporal in consideration whereof it is protested That constant perpetual Obsequiousness of Duty and Faithfulness shall be paid to his Holiness and the Apostolick See III. In consideration of this Royal Protector 's power granted the Duke is by War to prosecute the King's Enemies and afford him all possible Assistance IV. The said Duke is to do nothing in derogation of the King's Authority or Jurisdiction in Ireland but rather to amplifie it and having restored the Kingdom and Religion to its due pristine Estate is to resign chearfully the Kingdom to the King V. Before Resignation as aforesaid ☞ the Duke is to be re-imbursed all by him pre-impended in this Business and for this Re-imbursement a general and exact Obedience to the Duke in Faith and Fidelity from the Kingdom and People is made and to be observed without Reservation to any other Superiority whatsoever VI. The Duke is not to fail on his part to Expel out of Ireland Hereticks Enemies to the King and his Religion and to recover and defend all things belonging to the Faithful Subjects of Ireland VII The Duke is solely and absolutely to exercise all Military Power for the present and future in Ireland as to the Nomination of all Commanders ahd guiding all Martial Proceedings at his own pleasure and in his own person unless he in his absence substitute some other Catholique Person VIII The Duke is to introduce no Innovation in the Towns c. to him assigned repugnant to the Securities Priviledges Immunities Proprieties Lands Estates or Ancient Laws of the Irish reserving only to himself Authority to apply Remedies to any thing accruing wherein publick prejudice may be contained IX The Duke is not to interpose in Administration of Judicial or Civil Affairs but leave them to be proceeded in according to the Fundamental Laws and publick Form of the King 's Chief Governour and the Assembly instituted X. The Manner of calling Assemblies to be as formerly unless complaint arise against the Government or other extraordinary Emergencies hinder and then according to the Ancient Laws the cutting off the Assembly is to be at the pleasure of his Higness XI When the Work is done in Ireland by consent of a General Assembly the Duke promises to afford Assistance to the King against Rebelling Adversaries in other Kingdoms XII In case the Duke cannot go in person into Ireland it is free in his choice and pleasure to depute any other Man of Catholique Piety who shall be Independant in the Militia and in Civil Matters shall be received to all manner of Councils in the same right as any other Counsellor or Commissioner XIII All Cities Castles Lands taken from the English shall revert to the Owners if Catholicks who have connstantly persevered in the Catholick Quarters under the Duke yet the Duke's Military Power shall be entire over the same to garrison and dispose of them at his pleasure XIV All Pay to the Souldiers is to pass from the Duke as well out of the publick Revenues as the Duke's Coffers when that fails provided that the Duke's disbursements of his proper Money for publick Uses for the future to be repaid him as former Disbursements XV. All Goods of Enemies and Delinquents are to be converted to the publick Military Charges and towards rewarding great Merits by the Duke with Advice of the General Assembly XVI The Duke besides 20000 l. already contributed promises all further Accommodations and Supplements for War together with his power and industry what is not above the reach of his Faculties and beneath the Necessities of the War towards the Repayment whereof as well Principal as the Annual Provenue and Use thereof the whole Nation of Ireland is to be liable until the last Peny be paid and for Caution in the mean time the Duke is to be seized and possessed in his own hands of Galway Limerick Athenry the Castle and Town of Athlone ☜ and Waterford and the Royal Fort of Duncannon when recovered from the Enemy and these are to remain to him and his Heirs until full and intire Satisfaction receiv'd and to pay just Obedience and be Garrison'd and Commanded at his pleasure XVII In laying of publick Taxes and levying the same for the Duke's Satisfaction
the Duke to proceed by Advice of the General Assembly and all agrieved Parties in case of Inequality to seek Redress from the General Assembly XVIII For Liquidating and Stating the Duke's Disbursements a certain Method shall be agreed on between the Duke and the said Transactors but for the persons to be intrusted in that Charge the General Assembly is to alter them at their pleasure XIX The Duke shall make no Peace nor Cessation without the Lord-Deputy or General Assembly XX. The Lord-Deputy and General Assembly shall make no Peace without the Consent of the Duke ☜ July 12th 1651. Signed Charles of Lorrain But the Secret and Intâ—igue of these Articles lay where one would have least suspected it viz. in the second Article for though it seem to be meer Formality and to contain only matter of Respect and Complement to the Pope yet it was the most effectual Article of all and served the Duke to these two purposes first to oblige the Bishop of Ferns and such other giddy and restless Zealots that were Favourites of the Court of Rome and secondly to delay the Execution of the Agreement until this previous Article should be first performed and accordingly the Duke of Lorrain the Bishop of Ferns the Lord Taaf Sir James Preston and Sir Nicholas Plunket signed a formal submission to the Pope Vide The Submission at large Vindiciae eversae p. 85. in the Name of the Kingdom of Ireland and therein supplicated his Absolution from the Censures and Excommunication of the Nuntio and in the mean time till that could be accomplish'd his Highness thought it enough to Succour the Irish with the following Letters To the Marquess of Clanrickard SIR THE stay which the Gentleman Abbot of St. Katharine made with you and his long Navigation by the Northern Sea having brought much delay as well to his Return as to the disposal of Affairs here I could not sooner dispatch unto you than by this Galliot by which Mr. Plunket and Mr. Brown your Deputies have in charge more at large to give you to understand the conclusion of the Treaty I have made with them to the greatest advantage that one cou'd desire for the Good of the Catholick Religion the Service of the King and Re-establishment of the Kingdom which are the only Ends that I have proposed unto Myself Moreover the satisfaction which the Queen and Duke of York have shewen unto Me shall as I hope be followed by that of all good People the Fidelity of whom hath hitherto appeared without Reproach in a time when it seems they had no other recourse but to themselves I believe they will continue to make it good being as they are invited thereunto by the part which I have taken in their preservation preferring it to that of my own Dominions and to the urgent Necessities of my Affairs touching which and the Assistances which I am with all care and diligence possible preparing I beseech you to make known to the good and faithful Subjects of the Kingdom and in your own particular to take all assurance of the Esteem which I make of your person and the desire which remains with me on all Occasions to acknowledge its merit where I may make Myself known SIR From Bruxells Sept. 10. 1657. Your Affectionate Friend to Serve You Charles Lorrain To the MAYOR COUNCIL and CORPORATION of GALWAY Honoured Sirs OF the Agreements made between Me and the Agents of that Kingdom I leave to them to inform you more particularly of which they have taken the Charge I do not think that they will omit how unchangeable and constant I am notwithstanding the ill Rumours of your Affairs and the great and urgent necessity of my own I choose to prefer your Good before all Private and Publick Occasions of my own as well as I confide that you to the uttermost will remain constant in your Intent to Defend Religion and Country to a high great hope of your Fortitude Bear in mind that the Success of the Enemies is hitherto permitted by the Providence of God to the end to reserve the chief Glory of Vindicating the Kingdom and Religion to you and the Limericians As they have performed their part most nobly I doubt not but when the Occasion of promoting the Cause is offered you also will perform and shew the like Example of Constancy with happy Emulation In the mean time least the delay of supply which proceeded of the slow return of the Abbot of St. Katherine would put you in any doubt of my Mind while with all Care and Diligence to provide and send them Supplies I thought fit to hasten the sending thither of this Barque by which I might assure your hopes of me and for my hope of you Most Worthy People Your most Affectionate CHARLES LORRAIN Dated at Bruxells Sept. 10. 1657. But the Lord-Deputy was not at all satisfied with the Articles of Agreement or these Letters as will appear by his Excellency's Answer which was as followeth May it please your Highness I Had the Honour on the 12th of this Instant to receive a Letter from your Highness dated the 10th of September wherein you are pleased to express your great Zeal for the Advancement of the Catholick Religion in this Kingdom your great Affection to the King my Master and your good Opinion of this Nation and your compassion for their Sufferings and your great readiness to afford them Aid and Assistance even equal with your own nearest Concernments and that your Highness received so great satisfaction from the Queen and Duke of York as did much strengthen those Resolutions so as they might sooner appear but for the stay made here of Monsieur St. Katherine and his long Northern Voyage upon his return and referred what concern'd the Agreement to the relation of those Commissioners I had imployed to your Highness to treat upon that subject of Assistance and Relief for this Kingdom I with much alacrity congratulate your Highness's pious Intentions for the preservation of the Catholick Religion your Great and Princely Care to recover His Majesty's Rights and Interests from his Rebellious Subjects of England and the high Obligation you put upon this Nation by your tender regard of them and desire to redeem them from the great Miseries and Afflictions they have endured and the imminent Dangers they are in And it shall be a principal part of my Ambition to be an useful Instrument to serve your Highness in so Famous and Glorious an Enterprize And that I may be the more capable to contribute somewhat to so Religious and Just Ends First in discharge of my Conscience towards God my Duty to the King my Master and to disabuse your Highness and give a clear and perfect Information so far as comes to my Knowledge I am obliged to represent unto your Highness that by the Title of the Agreement and Articles therein contained made by those Commissioners imployed to your Highness ☞ and but lately come
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 â—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 â—â—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
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
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 Erenâ—it S. Aug. Edm. O Teig Procurator Illustrissimi Armachani Gualter Linch Vicar Apost Tuam Gulielmus Burgat Vic. Apost Imaâ—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 iâ— 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
Allegiance in haec verba viz. I A. B. do hereby acknowledge profess testifie and declare in my Conscience before God and the World that our Sovereign Lord King Charles is lawful and rightful King of this Realm and of other his Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty and His Heirs and Successors and Him and them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against His or Their Crown and Dignity and do my best endeavour to disclose and make known to His Majesty His Heirs and Successors or to the Lord Deputy or other His Majesties chief Governor or Governors for the time being all Treason or Traiterous Conspiracies which I shall know or hear to be intended against His Majesty or any of Them And I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God c. Nevertheless the said Lord Lieutenant doth not hereby intend that any thing in these Concessions contained shall extend or be construed to extend to the granting of Churches ☞ Church-Livings or the exercise of Jurisdiction the authority of the said Lord Lieutenant not extending so far yet the said Lord Lieutenant is authorized to give the said Roman Catholicks full assurance as hereby the said L. Lieut. doth give unto the said Rom. Catholicks full assurance that they or any of them shall not be molested in the possession which they have at present of Churches and Church-Livings or of the exercise of their respactive Jurisdictions as they now exercise the same until such time as His Majesty upon a full consideration of the desires of the said Roman Catholicks in a Free Parliament to be held in this Kingdom shall declare his further Pleasure 2. Item It is concluded accorded and agreed upon by and between the said Parties and his Majesty is further graciously pleased that a Free Parliament shall be held in this Kingdom within six months after the Date of these Articles of Peace or as soon after as Thomas Lord Viscount Dillon of Costologh Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander Mac Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewal Baronet Jeffery Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerâ—ald Fennel Esquires or the major part of them will desire the same so that by possibility it may be held and that in the mean time and until the Articles of these Presents agreed to be passed in Parliament be accordingly passed the same shall be inviolably observed as to the matters therein contained as if they were enacted in Parliament And that in case a Parliament be not called and held in this Kingdom within two years next after the Date of these Articles of Peace then his Majesties Lord Lieutenant or other his Majesties chief Governor or Governors of this Kingdom for the time being will at the request of the said Thomas Lord Viscount Dillon c. or the major part of them call a General Assembly of the Lords and Commons of this Kingdom to attend upon the said Lord Lieutenant or other his Majesties chief Governor or Governors of this Kingdom for the time being in some convenient place for the better setling of the affairs of the Kingdom And it is further concluded accorded and agreed by and between the said parties that all matters that by these Articles are agreed upon to be passed in Parliament shall be transmitted into England according to the usual form to be passed in the said Parliament and that the said Acts so agreed upon and so to be passed shall receive no disjunction or alteration here or in England Provided that nothing shall be concluded by both or either of the said Houses of Parliament which may bring prejudice to any of his Majesties Protestant Party or their Adherents or to his Majesties Roman Catholick Subjects or their Adherents other than such things as upon this Treaty are concluded to be done or such things as may be proper for the Committee of Priviledges of either or both Houses to take cognizance of as in such cases heretofore hath been accustomed and other than such matters as his Majesty will be graciously pleased to declare his further pleasure in to be passed in Parliament for the satisfaction of his Subjects and other than such things as shall be propounded to either or both Houses by his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being during the said Parliament for the advancement of his Majesties Service and the Peace of the Kingdom which clause is to admit no construction which may trench upon the Articles of Peace or any of them and that both Houses of Parliament may consider what they shall think convenient touching the Repeal or Suspension of the Statute commonly called Poyning's Act Entituled An Act That no Parliament be holden in that Land until the Acts be certified into England 3. Item It is further concluded accorded and agreed upon by and between the said Parties and his Majesty is graciously pleased That all Acts Ordinances and Orders made by both or either Houses of Parliament to the blemish dishonour or prejudice of his Majesties Roman Catholick Subjects of this Kingdom or any of them sithence the seventh of August 1641. shall be vacated and that the same and all Exemplifications and other Acts which continue the memory of them be made void by Act to be past in the next Parliament to be held in this Kingdom and that in the mean time the said Acts or Ordinances or any of them shall be no prejudice to the said Roman Catholicks or any of them 4. Item It is also concluded and agreed upon and his Majesty is likewise graciously pleased that all indictments attainders outlawries in this Kingdom and all the processes and other proceedings thereupon and all Letters Patents Grants Leases Customs Bonds Recognizances and all Records Act or Acts Office or Offices Inquisitions and all other things depending upon or taken by reason of the said Indictments Attainders or outlawries sithence the seventh day of August 1641. in prejudice of the said Catholicks their Heires Executors Administrators or Assignes or any of them or the Widows of them or any of them shall be vacated and made void in such sort as no memory shall remain thereof to the blemish dishonour or prejudice of the said Catholicks their Heirs Executors Administrators or Assignes or any of them or the Widows of them or any of them and that to be done when the said Thomas Lord Viscount Dillon c. or the major part of them shall desire the same so that by possibility it may be done and in the mean time that no such indictments attainders outlawries processes or any other proceedings thereupon or any letters patents grants leases custodiums
bonds recognizances or any Record or acts office or offices inquisitions or any other thing depending upon or by reason of the said indictments attainders or outlawries shall in any sort prejudice the said Roman Catholicks or any of them but that they and every of them shall be forthwith upon perfection of these Articles restored to their respective possessions and hereditaments respectively provided that no man shall be questioned by reason hereof for measne rates or wastes saving wilful wastes committed after the first day of May last past 5. Item It is likewise concluded accorded and agreed and his Majesty is graciously pleased that as soon as possible may be all impediments which may hinder the said Roman Catholicks to sit or vote in the next intended Parliament or to choose or to be chosen Knights and Burgesses to sit or vote there shall be removed and that before the said Parliament 6. Item It is concluded accorded and agreed upon and his Majesty is further gratiously pleased that all debts shall remain as they were upon the 23. of October 1641. Notwithstanding any disposition made or to be made by vertue or colour of any attainder outlawry fugacy or other forfeiture and that no disposition or grant made or to be made of any such debts by vertue of any attainder outlawry fugacy or other forfeiture shall be of force and this to be passed as an act in the next Parliament 7. Item It is further concluded accorded and agreed upon and his Majesty is graciously pleased that for the securing of the Estates or reputed Estates of the Lords Knights Gentlemen and Free-holders or reputed Free holders as well of Connaght and County of Clare or Country of Thomond as of the Counties of Limerick and Tipperary the same be secured by Act of Parliament according to the intent of the 25. Article of the graces granted in the fourth year of his Majesties Reign the tenor whereof for so much as concerneth the same doth ensue in these words viz. We are graciously pleased that for the Inhabitants of Connaght and Country of Thomond and County of Clare that their several Estates shall be confirmed unto them and their Heirs against us and our Heirs and Successors by Act to be passed in the next Parliament to be holden in Ireland to the end the same may never hereafter be brought into any further question by Us or Our Heirs and Successors In which Act of Parliament so to be passed you are to take care that all tenures in capite and all Rents and Services as are now düe or which ought to be answered unto us out of the said Lands and premises by any Letters Pattents past thereof since the first year of King Henry the Eight or found by any Office taken from the said first year of King Henry the Eight until the 21. of July 1645. whereby our late dear Father or any his Predecessors actually received any profit by wardship liveries primer-seisins measne rates ousterlemains or fines of alienations without License be again reserved unto Us Our Heirs and Successors and all the rest of the premises to be holden of our Castle of Athlone by Knights service according to Our said late Fathers Letters notwithstanding any tenures in capite found for Us by Office since the 21. of July 1615. and not appearing in any such Letters Patents or Offices within which Rule his Majesty is likewise graciously pleased that the said Lands in the Counties of Limerick and Tipperarie be included but to be held by such Rents and Tenures only as they were in the fourth year of his Majesties Reign provided always that the said Lords Knights Gentlemen and Freeholders of the said Province of Connaght County of Clare and Country of Thoâ—â—â—â— and Counties of Tipperarie and Limerick shall have and enjoy the full benefit of such composition and agreement which shall be made with his most Excellent Majesty for the Court of Wards Tenures Respits and issues of Homage any clause in this Article to the contrary notwithstanding and as for the Lands within the Counties of Kilkennie and Wickloe unto which his Majesty was intituled by Offices taken or found in the time of the Earl of Straffords Government in this Kingdom his Majesty is further graciously pleased that the State thereof shall be considered in the next intended Parliament where his Majesty will assent unto that which shall be just and honourable and that the like act of Limitation of his Majesties Titles for the security of the Estates of his Subjects of this Kingdom be passed in the said Parliament as was enacted in the 21. year of his late Majesty King James his Reign in England 8. Item It is further concluded accorded and agreed upon and his Majesty is further graciously pleased that all incapacities imposed upon the Natives of this Kingdom or any of them as Natives by any Act of Parliament Provisoes in Patents or otherwise be taken away by Act to be passed in the said Parliament and that they may be enabled to erect one or more Innes of Court in or near the City of Dublin or elsewhere as shall be thought fit by his Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being and in case the said Innes of Court shall be erected before the first day of the next Parliament then the same shall be in such place as his Majesties Lord Lieutenant or other cheif Governour or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon or any seven or more of them shall think fit and that such Students Natives of this Kingdom as shall be therein may take and receive the usual degrees accustomed in any Inns of Court they taking the insuing Oath viz. I. A. B. Do hereby acknowledge profess testifie and declare in my Conscience before God and the world that our Sovereign Lord King Charles is lawful and rightful King of this Realm and of other His Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty and His Heirs and Successors and Him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever which shall be made against his or their Crown and Dignity and do my best endeavour to disclose and make known to His Majesty His Heirs and Successors or to the Lord Deputy or other His Majesties Chief Governour or Governours for the time being all Treasons or Traiterous conspiracies which I shall know or hear to be intended against His Majesty or any of them and I do make this Recognition and acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God c. And his Majesty is further graciously pleased that his Majesties Roman Catholick Subjects may erect and keep free-Schools for Education of youths in this Kingdom any Law or Statute to the contrary notwithstanding and that all
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 aâ—d Maritine causes shall be ordered and settled by the said Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dilion c. or any seven or more of them 25. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that his Majesties Subjects of this Kingdom be eased of all Rents and increase of Rents lately raised on the Commission of defective Titles in the Earl of Straffords Government this to be by Act of Parliament and that in the mean time the said Rents or increase of Rents shall not be written for by any process or the payment thereof in any sort procured 26. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that by Act to be passed in the next Parliament all the arrears of Interest mony which did accrue and grow due by way of debt mortagage or otherwise and yet not satisfied since the 23. of October 1641. until the perfection of these Articles shall be fully forgiven and be released and that for and during the space of three years next ensuing no more shall be taken for use or interest of mony then five pounds per centum And in cases of equity arising thro' disability occasioned by the Distempers of the times the considerations of equity to be a like unto both parties but as for mortgages contracted between his Majesties Roman Catholick Subjects and others of that party where entry hath been made by the mortgagers against Law and the condition of their mortgages and detained wrongfully by them without giving any satisfaction to the mortgages or where any such mortgagers have made profit of the lands mortgaged above country charges yet answer no rent or other consideration to the mortgagees the parties grieved respectively to be left for relief to a course of equity therein 27. Item It is further concluded accorded and agreed upon and His Majesty is further graciously pleased that immediately upon perfection of these Articles the said Thomas Lord Viscount Dillon c. shall be authorized by the said Lord Lieutenant to proceed in hear determine and execute in and throughout this Kingdom the ensuing particulars and all the matters thereupon depending and that such authority and other the authorities hereafter mentioned shall remain of force without revocation alteration or diminution until Acts of Parliament be passed according to the purport and intent of these Articles and that in case of death miscarriage disability to serve by reason of sickness or otherwise of any the said Thomas Lord Viscount Dillon c. His Majesties Lord Lieutenant or other Chief Governour or Governours of this Kingdom for the time being shall name and authorize another in the place of such as shall be so dead or shall miscarry himself or be so disabled and that the same shall be such person as shall be allowed of by the said Thomas Lord Viscount Dillon c. or any seven or more of them then living And that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to applot raise and leavy means with indifferency and equality by way of Exercise or otherwise upon all his Majesties Subjects within the said Kingdom their persons Estates and Goods towards the maintenance of such Army or Armies as shall be thought fit to continue and be in pay for his Majesties service the defence of the Kingdom and other the necessary publick charges thereof and towards the maintenance of the Forts Castles Garrisons and Towns of both or either party other than such of the said Forts Garrisons and Castles as from time to time until there shall be a settlement in Parliament shall be thought fit by his Majesties chief Governour or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them not to be maintained at the charge of the publick provided that his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being be first made acquainted with such Taxes Levies and Excises as shall be made and the manner of levying thereof and that he approve the same and to the end that such of the Protestant party as shall submit to the peace may in the several Counties where any of their Estates lieth have equality and indifferency in the Assessements and Levies that shall concern their Estates in the said several Counties It is concluded accorded and agreed upon and his Majesty is graciously pleased that in the
directions which shall issue to any such County for the applotting subdividing and levying of the said publick Assessements some of the said Protestant party shall be joyned with others of the Roman Catholick party to that purpose and for effecting that service and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to levy the arrears of all excises and other publick taxes imposed by the Confederate Roman Catholicks and yet unpaid and to call Receivers and other Accomptants of all former taxes and all publick dues to a just and strict account either by themselves or by such as they or any seven or more of them shall name or appoint and that the said Lord Lieutenant or any other chief Governour or Governours of this Kingdom for the time being shall from time to time issue Commissions to such person and persons as shall be named and appointed by the said Thomas Lord Viscount Dillon c. or any seven or more of them for letting setting and improving the Estates of all such person or persons as shall adhere to any party opposing his Majesties Authority and not submitting to the Peace and that the profits of such estates shall be converted by the said Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being to the maintenance of the Kings Army and other necessary charges until settlement by Parliament and that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to applot raise and levy means with indifferency and equality for the buying of Arms and Ammunition and for the entertaining of Frigots in such proportion as shall be thought fit by his Majesties Lord Lieutenant or other chief Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them the said Arms and Ammunition to be laid up in such Magazines and under the charge of such persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them and to be disposed of and the said Frigots to be imployed for his Majesties service and the publick use and benefit of this Kingdom of Ireland and that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to applot raise and levy means with indifferency and equality by way of Excise or otherwise in the several Cities Corporate Towns Counties and part of the Counties now within the Quarters and only upon the Estates of the said Confederate Roman Catholicks all such sum and sums of mony as shall appear to the said Thomas Lord Viscount Dillon c. or any seven or more of them to be really due for and in the discharge of the publick ingagements of the said Confederate Catholicks incurred or grown due before the conconclusion of these Artieles and that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall be authorized to appoint Receivers Collectors and all other Officers for such monies as shall be assessed taxed or applotted in pursuance of the authorities mentioned in this Article and for the Arrears of all former applotments Taxes and other publick dues yet unpaid and that the said Thomas Lord Viscount Dillon c. or any seven or more of them in case of refractoriness or delinquency may distrain and imprison and cause such Delinquents to be distrained and imprisoned And the said Thomas Lord Viscount Dillon c. or any seven or more of them make perfect books of all such monies as shall be applotted raised or levied out of which books they are to make several and respective abstracts to be delivered under their hands or the hands of any seven or more of them to the several and respective Collectors which shall be appointed to levy and receive the same And that a duplicate of the said books under the hands of the said Thomas Lord Viscount Dillon c. or any seven or more of them be delivered unto his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being whereby a perfect account may be given and that the said Thomas Lord Viscount Dillon c. or any seven or more of therâ—s shall have power to call the Councel and Congregation and the respective supream Councels and Commissioners General appointed hitherto from time to time by the said Confederate Roman Catholicks to manage their publick affairs and all other persons accountable to an account for all their Receipts and Disbursments since the beginning of their respective imployments under the Confederate Roman Catholicks 28. Item It is concluded accorded and agreed by and between the said parties and his Majesty is graciously pleased that for the preservation of the peace and tranquility of the Kingdom the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall for the present agree upon such persons who are to be authorized by Commission under the great Seal to be Commissioners of the Peace Oyer and Terminer Assises and Goal Delivery in and throughout the Kingdom to continue during pleasure with such power as Justices of the Peace Oyer and Terminer Assizes and Goal delivery in former time of Peace have usually had which is not to extend unto any crime or offence committed before the first of May last past and to be qualified with power to hear and determine all civil causes coming before them not exceeding ten pounds Provided that they shall not intermeddle with Titles of Lands provided likewise the authority of such Commissioners shall not extend to question any person or persons for any Shipping Cattle or Goods heretofore taken by either party from the other or other injuries done contrary to the Articles of Cessation concluded by and with the said Roman Catholick party in or since May last but that the same shall be determined by such indifferent persons as the Lord Lieutenant by the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them shall think fit to the end that speedy and equal Justice may be done to all parties grieved And the said Commissioners are to make their Estreats as accustomed of peace and shall take the ensuing Oath viz. You shall swear that as Justice of the Peace Oyer and Terminer Assizes and Goal delivery in the Counties of A. B. in all Articles of the Commission to you directed You shall do equal right to the Poor and to the Rich after your Cunning and Wit and Power and after the Laws and Customs of the Realm and in pursuance of these Articles and you shall not be of Councel of any quarrel hanging before you and the Issues Fines and Amercements which shall happen to be made and all
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
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 Eneâ—â—â—â— 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
of Tanistry and Gavelkind abolished 10 Commission of Grace 11 15 32 Case of Tâ—nures 56 Conaught Transactions there An. 1641 97 Anno 1642. 113 Anno 1643. 113 Anno 1644. 146 Anno 1645. 159 Anno 1646. 190 Anno 1647. 198 Anno 1648. 203 Coot Sir Charles slain at Trim 107 Committee of English Parliament sent over and what they did 108 109. Cessation treated of 130 and concluded 133 how resented 133 wherein violated 135 Cessation between the Irish Insiquin 199 Cromwel landed at Dublin C. 2. 7 and takes Tredagh C. 2. 8 and Wexford C. 2. 9 and Ross ibid. 10 and Clonmell ibid. 10 returns to England ibid. 17 Clanrickard Marquess made Lord-Deputy C. 2. 52 High Commission Court and what they did C. 2. 70 D. O Dogharty rebells 13 and is slain 14 E. Earls of Tyrconnell and Antrim created 8 Earl of Castlehaven executed 54 F. Lord Falkland Lord-Deputy 39 has a Controversy with the Chancellor 42 is removed 53 G. Glamorgan Earl sent to Ireland 150 makes a secret Peace with the Irish 154 is committed 155 his Opinion of the Irish 157 Grant Winter his Negotiation 194 Galloway surrendred C. 2. 69 H. Hartegan's Letter 149 I. Irish demand Toleration of Religion 8 43 and obtain Graces 45 whereupon they grow 〈◊〉 53 they desire to inspect the Store 71 and universally rebel 72 and enter into an Association 123 and appoint a Government 125 and send Ambassadors to Foreign Princes 149 197. Instances of their Disloyalty C. 2. 54 Lords Justices Jones and Denham 33 Ely and Powerscourt 36 Ely and Cork 53 Ely and Wandesford 59 Dillon and Parsons 64 Parsons and Burlace ibid. Burlace and Titchburn 127 Inquisitions into the King's Title 56 Ireton has command of the Army C. 2. 17 and takes Waterford C. 2. 56 and Limerick ibid. 69 and dies ibid. K. King James of Irish Extraction 1 his Title to the Crown 2 his Declaration against the Rebel Earls of Tyrone and Tyrconnel 12 his Speech to the 〈◊〉 Irish 25 his Answer about Sir Oliver St. John â— 35 King Charles Crowned 41 sends notice of the Irish Conspiracy 65 and Proclamations against the Rebels 86 and surrenders himself to the Scots 164 King Charles II. proclaimed C. 2. 1 declares against the Peace of 1648. C. 2. 34 L. Lalor the Priest indicted of Premunirâ— 11 his Equivocation ibid. London City their Articles with the King about their Plantation in Ulster 16 Lords of Kerâ—y and Slane dispute Precedency 29 Lords Courcey and Saâ—sfield dispute the Title of Kingsale 43 Lord High Steward appointed to try Lord Dunboyn by his Peers 42 Limerick deals barbarously with the Heralds 166 and as bad by the Ld Lieut. C. 2. 21 is taken by Ireton C. 2. 69 Lorrain Duke his Negotiation 25 27 M. Mountjoy Lord made Lord Lieutenant 8 goes to England ibid. Monasteries rebuilt 10 Meleâ—ont surrender'd 82 Munster the Transactions there An. 41. 93 Anno 1642. iii 1643. 129 143 1644. 144 1645. 157 1646. 189 1647. 196 1648. 203 Munster Towns revolt C. 2. 12 Mahonyes libellous Book publish'd 198 N. O-Neil Sir Phelim repuls'd at Lisnegarvy 82 yet refused to treat of Peace 87 Nuncio arriâ—es 153 and opposes conclusion of the Peace 155 and delares against it when made 166 and endeavours to intercept the Lord Lieutenant 169 is Generalissimo of two Armies C. 2. 17 which he march'd to Dublin 17 and prefers a 〈◊〉 Wrâ—tch to a 〈◊〉 20â— and Excommunicateâ— the Supram Council c. 199 and leaves the Kingdom C. 2. 3 O. Ormond comes to Dublin 75 obtâ—â—â—â— a Victory in Kilrush 106 and another at Roâ—â— 3 is made Lord Lieutenant 137 is like to be intercepted by the Nâ—â—â—â—io's Party 169 therefore Treate with the Parliament of England 179 and renews that Treaty 187 and surrenders Dublin 193 but returns to Ireland 202 and concludes the Peace of 1648. 204 marches towards Dublin C. 2. 4 is defeated at Rathmines C. 2. 7 Excommunicated by the Irish C. 2. 31 and leaves the Kingdom C. 2. 5â— Oxford the Negotiation of the Irish Agâ—nts there 138 139 140 141. 〈◊〉 P. Papists generally come to Church 9 are mutinous in the Parliament 23 send Agents to England 25 revolâ—e from the Army 86 Parliament intended in Ireland 18 and called 21 disturb'd by the Papists 22 but 〈◊〉 with Effect 30 Plot of the Irish of Ulster discovered 33 another Plot discovered 56 Pope forbids the Oath of Allegiance 141 sende a Bull to the Irish 12â— Proclamation against Popish Clergy 53 St. Patricks Purgatory discovered to be a Cheat 54 Parliament of Ireland sâ—â—d a Râ—monstrance to England 61 and a Petition with a Schedule of Grievances 164 and impeach the Bishop of Derry 〈◊〉 Lord Chanceller c. 65 i◠〈◊〉 Annâ— 1644. 137 and makes a Remonstrance of Thanks to Ormond 188 Pale Lords and 〈◊〉 of it rebel 76 83 are ill used by the Irish of Ulster 93 Peace 〈◊〉 of Anno 1644. 143 the Treaty resum'd Anno 1645. 150 Lord Digby's Letter to hasten it 151 the Assâ—â—blies Declaration concerning it 152 it is opposed by the Nuntio 155 and â—â—butâ—d in the Assembly 156 but is concluded 162 and published 165 and immediately broken 166 and rejected by the Assembly 185 Peace of 1648 made 204 Preston General proclaims the Peace 165 and breaks it 170 his Letter on that Occasion 170 his O-Neals 〈◊〉 Propositions 173 his Engagement and Oath to the Nuntio 170 yet he agrees with Ormond 181 and breaks that Agreement 182 for which Ormond reproaches him 183 Popish Clergy meet at Kilkenny 123 and at Waterford 166 and at Clâ—anmacnoise C. 2. 14 and deal deceitfully with Insiquin and Ormond C. 2. 19 they meet at Jamesâ—Town C. 2. 25 and Excommunicate the Lord Lieutenant and endeavour to revive their first Confederacy C. 2. 50 53 R. Rebellion of the Irish 1641. 72 â—ruel beyond Example 73 93 and no less treacherous 77 79 82 discovered by Owen Oâ—Conally 74 Lords of the Pale engaged in it 76 Irish pretend the Kings Commission 78 Declarat of Irish Parlm against it 80 the King's Proclamation against it 86 Read Sir John rackâ— and why 104 Remonstrance from Longford 80 from the Irish at Trim 110 Rupert Prince at Kingâ—ale C. 2. 1 S. St. John Sir Olâ—ver Lord Deputy 33 is removed 36 and made Lord Grandison c. 36 Spanlard has liberty to raise 4000 Men in Ireland 71 Supream Council appointed 126 are imprisoned by the Nuntio 170 make Cessation with Insiquin 199 are Excommunicat by the Nuntio ib. T. Tyrone Earl renews his submission â— rebels again 12 and is attaâ—â—â—ed ibid. Tredagh besieged by the Irish 88 taken by Insiquin Cromwel C. 2. 4 8 V. Vniversities of Valadolid and Salamanca their judgment 3 Usher Bishop of Meath preaches before the State 39 but is forced to explain his Sermon ib. Ulster Transactions Anno 1641. 98 Anno 1642. 114 1644. 147 1645. 160 1646. 190 1647. 198 1648. 203 W. Waterford loses its Liberties 34 Wentworth Lord made Ld Deputy 55 calls a Parliament ibid. which gave six Subsidies ibid. be returns to England 57 his Speech at the Council-Board ibid. he returns to Ireland 58 and back to England 59 and returns Earl of Strafford and Lord Lieutenant ibid. holds a Parliament which grants four Subsidies ibid. his Impeachment and Defence 66 A Table to the Appendix I. A Letter from the City of Cork II. Owen O-Conally's Examination III. The Irish Remonstrance from Longford IV. The Lords Justices and Councils Letter to the King V. The Irish 〈…〉 VI. An excellent Answer to it VII The Lord Macgâ—â—re's Examination VIII The Lord of Gâ—rmanstown's Commission IX Dr. Jones's Examination X. Dr. Maxwell's Examination XI The Irish Declaration upon what Terms Protestants might live in their Quarters XII The Declaration of the Irish Parliament against the Rebellion XIII The King 's Proclamat against the Rebellion XIV The Irish Oath of Association XV. The Pope's Bull. XVI The Articles of Cessation XVII The Lord Insiquin's Complaint for the Breaches thereof XVIII The Declaration of the English Parliament against the Cessation XIX A Proclamation of an Irish Governor against Commerce with the English XX. The Army's Remonstrance XXI 〈◊〉 Propositions of the Irish Protestants to the King at Oxford XXII Instructions on which they were founded XXIII The Irish Propositions at Oxford and the Answers 〈◊〉 them XXIV The 〈◊〉 of Peace 1646. XXV The Munster â—â—tition against that Peace XXVI The Articles between Sir Kenelm Digby and the Pope XXVII Articles made with the E. of Glamorgaâ— XXVIII The Kings Letter about Glamorgans Peace XXIX The Determination of the Popish Clergy about restoring Churches to the Protestants XXX The Declaration of the Congregation at Waterford against the Peace of 1646. XXXI The Nuncio's Excommunication of the Aâ—â—erents to the 〈◊〉 of 1646. XXXII Preston's Engagement Oath to Nuncio XXXIII Marquesâ— of Clanrickard's Engagement XXXIV Preston's Engagement to the L. Lieutenant XXXV The Declaration of the Papists against the renewed Peace XXXVI The Declaration of the Assembly against the Peace of 1646. XXXVII Clanrickard's Letter about the Proceedings of the Irish XXXVIII Articles between the Mâ—rquesâ— of Ormond and the Parliament Commissioners XXXIX The Remonstrance of the Army in Munster January 1647. XL. Instructions for the Irish Ambassadors 〈◊〉 Foreign Princes XLI Friar King's Letter to the Tâ—t 〈…〉 XLII Ormond's Declaration on his arrival 1648. XLIII Articles of Peace 1648. XLIV A Circular Letter from the Popish Clergy in approbation thereof XLV Remedies proposed by the Popish Clergy and the Answer XLVI The Address of the Popish Clergy to the Lord Lieutenant and the Answer XLVII The Commissions to the Titular Bishop of Fâ—rns c. to treat with Foreign Princes XLVIII The Declaration and Excommunication of the Lord Lieutenant by the Popish Clergy at James-Town XLIX Marquess of 〈◊〉 Information and the Observations thereupon Errata in the Letter Page 14. line 29. dele fourty Page 17. dele 1678 in the Margent
Deputy who held that Place and discharg'd it worthily until Sir Thomas Rokeby 1353. Lord Justice returned he brought with him ten men at Arms and twenty Archers which were allowed him by the King over and above the ordinary Retinue of twenty Men. About this time lived Sir Robert Savage a very considerable Gentleman in Vlster who began to fortifie his dwelling House with strong Walls and Bulwarks but his Son derided the Fathers Providence and Caution affirming that a Castle of Bones was better than a Castle of Stones and thereupon the old Gentleman put a stop to his Building It hapned that this brave Man with his Neighbors and Followers were to set out against a numerous Rabble of Irish that had made Incursions into their Territories And he gave Orders to provide plenty of good Cheer against his return but one of the Company reprov'd him for doing so alledging that he could not tell but the Enemy might eat what he should provide to whom the valiant old Gentleman replied That he hoped better from their Courage Camb. 193. but that if it should happen that his very Enemies should come to his House he should be asham'd if they should find it void of good Cheer The Event was suitable to the Bravery of the Undertaking Old Savage had the killing of three thousand of the Irish near Antrim and return'd joyfully home to Supper But let us return to the Lord Justice of whom it is recorded that he us'd to say That he would rather eat his Meat in wooden Dishes and pay Gold and Silver for it than to eat in Golden Dishes and make wooden Payment However on the 20th day of July 1355. he did resign to Maurice Fitz-Girald 1355. Earl of Desmond Lord Justice he obtained so much favour in England Lib. M. that he had this Office granted to him for Life which expired the 25th day of January he was so just a man that he spared not his very Relations when they were criminal And about this time the Barons of the Exchequer were reduced to Three Lib. CCC 10. 29 Ed. 3. and John de Pembrook Chancellor of the Exchequer was made the third Baron Sir Thomas Rokeby 1356. Lord Justice returned again to Ireland and held a Parliament at Kilkenny at which many good Laws were enacted In his time a Memorable Writ was sent to the Lord Justice and Chancellor reciting That whereas the Subject found great difficulty to get Restitution according to Law of such Lands as were at any time seized into the Kings Hands Prin. 286. 29 Ed. 3. And whereas they refused in Parliaments here to take cognizance of erronious Proceedings in the Kings Courts but put the Subject to the trouble and charge of prosecuting a Writ of Error in England the King orders amendment and Reformation in both those Cases And not long after this worthy Lord Justice died at the Castle of Kilkea and was succeeded by Almaricus de Sancto Amando 1337. Lord Justice in whose time a great Controversie happened between the Archbishop of Armagh and the Regulars but at length by the favour of the Pope the Friers got the better of the Bishop To this Lord Justice the King sent a Writ or Commission Prin 294. authorizing him with the Advice of the Chancellor and Treasurer to give a special Pardon to as many English or Irish as he shall think fit for all Crimes except Treason Moreover for the better instruction of the People and because of the Non-residence of their Pastors Ibid. the King by his Sovereign Ecclesiastical Jurisdiction Authoriz'd and Licenc'd the Archbishop of Dublin to constitute perpetual Vicars in all Benefices and Prebendaries belonging to his Archbishoprick and of the Kings Patronage with certain proportions of greater and lesser Tithes and other Profits to those who should reside upon them But which was more than all this the King by advice of his Council made most excellent Ordinances in England for the better Government of the Church and State of Ireland and the maintenance of the good Laws and Statutes of England there established they are to be found at large in Prins Animadversions on the 4th Instit pag. 287. and therefore are omitted here being very long though also very good only this must be observed that the Clause formerly quoted ad annum 1344 out of the 4th Instit is by my Lord Cooke mistaken both as to Time and Form as to the Time it was not 17 Edw. 3. as he says but it was 31 Edw. 3. And as to the Form it is thus VOlumus praecipimus quod Nostra ipsius terrae Negotiâ—a praesertim majora ardua in Conciliis per peritos Conciliarios nostros ac Praelatos Magnates quosdam de discretioribus probioribus hominibus de partibus vicinis ubi ipsa Concilia teneri contigerit propter hoc evocandos In Parliamentis vero per ipsos Conciliarios nostros ac Praelatos Proceres aliosque de Terra praedict prout Mos exigit secundum Justitiam Legem Consuetudinem Rationem tractentur c. But to return James 1359. Earl of Ormond Lord Justice was commonly stiled The Noble Earl because he was of the Royal Blood being great Grand-son to King Edward the first In his time 34 Edw. 3. the King ordered Proclamation to be made in Ireland That no Meer Irishman should be Mayor Bayliff or Officer of any Town within the English Dominion i.e. the Pale nor be advanced to any Ecclesiasâ—â—cal Benefice or Promotion 35 Edw. 3. but the next Year the King by his Writ explains the former Proclamation Pryn 296. and orders that it shall not extend to any Irish Clerks who have done him Service or are Loyal to him But it seems that the Lord Justice was sent for into England and until his Return Maurice Fitz-Girald March 30. Earl of Kildare was constituted Lord Justice 1360. by Patent under the Great Seal of Ireland he was to have the usual Sallary of five hundred pound per annum maintaining thereout Ninteen Horsemen besides himself but he did not continue long in this Station before James Earl of Ormond March 15. Lord Justice return'd and the King intending to send his Son to Ireland 1357. with a good Force summoned the Duchess of Norfolk and all other Noble and Gentle Men and Women that held Lands in Ireland to appear in Person or by Proxy 4 Instit. Pryn 296. before him and his Council to advise concerning the Defence of Ireland and to repair to that Kingdom in Person with all the Forces they could raise by a certain Day or to send their sufficient Deputies to assist the Kings Son in Defence of the Country And the same Day issued a Writ or Proclamation prohibiting the transporting of any Corn or Victuals out of Ireland on pain of Forfeiture and another Proclamation or Writ to seize all the Lands or Tenements purchased
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 Dâ—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