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 Paâata 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 that he was not only superseded but also was arrested whilst he was Lord Lieutenant and afterwards grievously punished for the wrongs and oppressions he had done in Ireland Davis 201.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
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 Hoâth 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 Couât 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 Caâton chron And it seems Thomas Fitz-Thomas Prior of Kilmainham was on the Archbishops side for he accused the Earl of Ormond of Treason and the Combat was appointed between them at Smithfield in London but the King did interpose and prevent it Hitherto the English had made but a bordering War in Ireland and that it self but very unluckily and the small Army that was kept on foot was ill paid and therefore more hurtful to the Subject by their Oppression than to the Enemy by their Valour so that it was necessary to send some great Man thither and no Body so fit for it as Richard Duke of York Earl of Vlster March Rutland and Cork Lord of Conagh Clare Trim and Meath for besides his Quality and Valour he had a great Estate in that Kingdom and it answered another Design of the Cardinal of Winchester who did then in effect govern England which was to remove this Duke from the Regency of France to make room for the Duke of Somerset and so he was made Lord Lieutenant of Ireland 1449. and landed at Hoath the fifth of July 1449. But the Duke of York who fathomed their Designs and had other Intrigues of his own would not accept of the Government of Ireland Davis 51. but upon very advantagious Conditions which were reduced to Writing by Indenture betwixt the King and him and are recorded by Act of Parliament in Ireland and were to this effect I. That he should be the King's Lieutenant in Ireland for ten Years II. That to support the Charge of that Country he should receive the whole Revenue certain and casual without Account III. That he should be supplied with Treasure out of England in this manner viz. four thousand Marks the first year whereof he should be imprested two thousand Pounds before-hand and for the other nine years he should receive two thousand Pounds per annum IV. That he might let the Kings Lands to Farm and place and displace all Officers at his Pleasure V. That he might Levy and Wage what Number of Souldiers he thought fit VI. That he might make a Deputy and return at his Pleasure I do not find that this Lord brought over any considerable Forces with him or that he was able to keep any such on foot here not only because his Allowance was but small but also because that small Allowance was ill paid as appears by his passionate Letter to his Brother-in Law the Earl of Salisbury which is to be found Registred by Mr. Campion pag. 99. At his first coming 1450. the Irish were very insolent but he won upon them strangely Lib. M. partly by force and partly by their own Art of Wheedling He held a Parliament at Dublin in October Friday before S. Lukes Day and the Bishops of Leighlin Ossory Down and Limerick were fined for not coming to it This Parliament Enacted many good Laws viz. 1. That no Marcher or other keep more Horsemen or Foot than they can maintain and will answer for and that they give in a List of their Names to the Sheriff c. 2. It suppresseth Coynees Rep. 11. Car. 1. c. 6. Cuddies and Night-suppers and well sets forth the Grievances of those Times 3. That the Accuser shall give Security to pay the Damages of the Defendant if the Impeachment be found untrue 4. That every man may kill Robbers and notorious Thieves and shall have a Penny out of every Plow-land and a Farthing from every Cottage for his Reward 5. That the great Officers of the Kingdom shall not give Protections to any other than their Menial Officers and Attendants This Lord Lieutenant also held another Parliament at Drogheda in April on Friday before S. Mark 's Day which Enacted 1. That if the Remembrancer issue Process against any body that is discharg'd on Record in the Exchequer he shall forfeit his Office and treble Damage 2. That the Chancellor Treasurer and Judges or one of them be present at all Commissions of Oyer and Terminer in the Counties of Dublin Kildare Meath and Vriel 3. That no body shall sell Liquor but by Sealed Measures It seems that some of these Statutes were occasioned by a doleful Letter sent from Cork which the Irish Historians place in the Reign of Henry the Fourth and yet direct it to the Earl of Rutland and Cork and therefore it will be more properly applied to this Time when he was Lord Lieutenant and follows in haec Verba IT may please your Wisdoms to have pity of us Camp 94. the Kings poor Subjects within the County of Cork or else we be cast away for ever for where there was in this County these Lords by Name besides Knights Esquires Gentlemen and Yeomen to a great number that might dispend yearly eight hundred pounds six hundred pounds four hundred pounds two hundred pounds one hundred pounds one hundred Marks twenty pounds twenty Marks ten pounds some more some less to a great number besides these Lords following First The Lord Marquess Carew his yearly Revenues were besides Dorsey-Haven and other Creeks two thousand two hundred pounds sterling The Lord Barnewale of Bear-haven his yearly Revenues were besides Bear-haven and other Creeks sixteen hundred pounds sterling The Lord Uggan of the great Castle his yearly Revenues were besides Havens and Creeks one thousand three hundred pounds sterling The Lord Balram of Emforle his yearly Revenues were besides Havens and Creeks one thousand three hundred pounds sterling The Lord Courcy of Kilbreton his yearly Revenues besides Havens and Creeks one thousand five hundred pounds sterling The Lord Mandevil of Barnhely his yearly Revenues besides Havens and Creeks one thousand two hundred pounds sterling The Lord Arundel of the Strand his yearly Revenues besides Havens and Creeks one thousand five hundred pounds sterling The Lord Baron of the Guard his yearly Revenues besides Havens and Creeks one thousand one hundred pounds sterling The Lord Sleynie of Baltimore his yearly Revenue besides Havens and Creekss eight hundred pounds sterling The Lord Roche of Pool Castle his yearly Revenues besides Havens and Creeks one thousand pounds sterling The Kings Majesty hath the Lands of the late young Barry by Forfeiture the yearly Revenues whereof besides two Rivers and Creeks and all other Casualties is one thousand eight hundred pounds sterling And at the end of this Parliament your Lordship with the Kings most Noble Counsel may come to Cork and call before you all these Lords and other Irishmen and bind them in
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 Bââan 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 Laâd 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-Eusâace 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 Englaâd â ãâã 4. and that that noble Family was in Disgrace all this âeâgn 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
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 Overâures 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 ãâ¦ã 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
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 maââely 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 exerââed 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
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 Clarenâe 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
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
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 fourteenâh 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
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
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
secret and of great forecast very staid in Speech dangerous of every Trifle that touched his Reputation Kildare was open and plain hardly able to rule himself when he was moved to Anger not so sharp as short being easily displeased and sooner appeased being in a Rage with certain of his Servants for Faults they committed one of his Horsemen offered Master Boice a Gentleman that retained to him an Irish Hobby on condition That he would pluck an Hair from the Earl his Beard Boice taking the Profer at rebound stept to the Earl with whose good Nature he was throughly acquainted parching in the Heat of his Choler and said So it is and if it like your good Lordship one of your Horsemen promised me a choice Horse if I snip one Hair from your Beard Well quoth the Earl I agree thereto but if thou pluck any more than one I promise thee to bring my Fist from thine Ear. But after all this simple Story is founded on a Mistake for the Earl of Ormond whose Name was Thomas lived in England in great Repute all the Reign of Henry the Seventh and afterwards until his Death anno 1515 and therefore the Person intended by the Story must by Sir James Ormond formerly Lord High Treasurer whom I have often mentioned in the Reign of the last King But this digression has been too long 1513. let us therefore return to the Lord Deputy whom we shall find animated with the last Years Success and resolved to invade Ely O Carol early in the Summer but his Preparations being great took up more time than he thought they would require but at last they were got ready and he began his March in August but at Athy he fell sick and from thence was removed to Kildare where on the third Day of September he died and was buried in Christ Church in Dublin to which he had been a liberal Benefactor And thus were the great Designs of this mighty Lord defeated even in the midst of his Career and at the very time when he promised himself most Glory and Success Gerald Earl of Kildare Son of the deceased Earl and Lord Treasurer was by virtue of the Act of Parliament formerly mentioned anno 10 Hen. 7. and by reason of his Place of Treasurer Spelm. Glos 334. made Lord Justice by assent of the Council But it seems that afterwards viz. 32 Hen. 8. there was a Statute made intituled An Act for the electing of the Lord Justice which restrained the Council from electing any body but an Englishman born and not in Orders The Lord of Slane was made Lord High Treasurer and Sir William Crompton Lord Chancellor and all other publick Matters were ordered as well and expeditiously as they could nevertheless so much time was taken up in these Alterations and in the Formalities of State that the Season was too far spent for any military Action this Year so that Daniel Mac william met with little Interruption in taking the Castle of Dunluce nor did the rest of the Irish find any Opposition this Winter but ravaged over the Country as they pleased However they paid dearly for it the next Spring For the valiant Earl of Kildare 1514. who was Heir to his Fathers Courage as well as to his Honour grew impatient at the Insolencies of O More and O Reyly and therefore resolved to attack them successively He began with O More and invaded the county of Leix and beat that Rebel and his Party into the Woods which being done he turned aside into the Brenny and took the Castle of Cavan and having slain Hugh O Reyly and many of his Followers he chased the rest into their inaccessible Fastnesses and then burnt and destroyed the Country and returned loaden with Booty William Viscount Gormanstown was the thirteenth of June made Lord Justice 1515. probably in the Absence of the Earl of Kildare who might then go to England to confer with the King about the Parliament designed to be holden in the Spring But however that be it is certain That Girald Earl of Kildare was by the King made Lord Deputy and on the twenty fifth Day of February held a Parliament at Dublin which by several Prorogations continued until the Thursday after Michaelmas 1517. Ware 92. This Parliament gave the King a Subsidy and made one good Act for those times viz. That no Man shall be compelled by Privy Seal to answer any Complaint in England until the Accuser enters into Recognizance in the Chancery of Ireland to pay the Defendant his Costs and Damages if he be acquit which very much abated that vexatious Course of Proceeding so that it is now obsolete and quite out of use On the third Day of August Ware 93. died Thomas Earl of Ormond at London he had been Embassador into France Privy-Counsellor in England and had Place in the English Parliament above all the Barons He was the richest Subject the King had and left forty thousand Pound in Money besides Jewels and as much Land to his two Daughters in England as at this Day would yield thirty thousand Pound per annum but he left no Issue Male to enjoy his Irish Estate which therefore descended to his Kinsman Sir Pierce Butler Earl of Ormond The Lord Deputy to repress the Incursions of the bordering Irish 1516. and to shew himself as fit for War as Peace invaded Imaly and slew Shane O Toole in Battle and sent his Head to the Mayor of Dublin Thence he marched into Ely O Carol where he was joyned by several Noblemen of Munster and Leinster of English Extraction and particularly by Pierce Earl of Ormond and James eldest Son of the Earl of Desmond and being strengthned with this Supply he undertook the Seige of Lemevan-Castle which the Garrison defended for a Week and then by Night deserted and left it to be demolished as it was by the Lord Deputy With this good Success he was encouraged to attempt the Town of Clonmel which he did with so much celerity that the Townsmen being surprized immediately surrendred upon Conditions And so the Deputy ended this Campeign and returned loaden with Hostages Prey and Glory It is worthy observation That the Irish had great Expectations of Advantage this Year by reason of a blind Prophecy generally believed among them Ware 95. That the poorest and weakest Sept in Ireland should this Year prove the most Powerful and Warlike It is probable that they were encouraged thereby to provoke the Lord Deputy to the aforesaid Expedition But however that be this is certain That Superstition hath been often fatal to the Irish Nation But Kildare finding it necessary to advance his Victorious Arms in Vlster 1517. reinforced his Troops and marched into Lecale where he took the Castle of Dundrum which had been very offensive to the neighbouring English thence he marched against Fylemy Macgenis whom he easily conquered and took Prisoner with the Slaughter of many of his Followers
Faghil Abbot of Derry and Richard O Craghan 1531. who in the behalf of their Master perfected Indentures and swore Fealty to the King in presence of the Lord Deputy Davis 105. at Tredagh on the sixth of May 1531. And at the same time it is probable he made the Proposal mention by Sir John Davis Quod si Dominus Rex velit reformare Hiberniam He and His would gladly be governed by the Laws of England O Sullevan tells us a Story Sullevan 77. with great Ostentation That an English Ship took a Spanish Vessel that was fishing on the Coast of Ireland near the Dursies And that his Grand-Father Dermond O Sullevan Prince of Bear and Bantry having notice of it manned out a small Squadron of Ships and took both the Englishman and the Spaniard and hanged the English Captain but set the Spaniard at Liberty By which may be easily perceived What sort of Inclinations that sort of Men bear to an Englishman and what kind of Loyalty they paid to their King when they murdered his Subjects and cherished his Enemies But the Animosities and Feuds between the Lord Deputy and the Earl of Kildare did every Day increase and at length came to that height that they reciprocally impeached each other in England and Kildare did wisely to sail thither and personally solicite his own Affairs which he managed so successfully that Skeffington was superseded and Girald Earl of Kildare made Lord Deputy in his stead He also procured Alan the Lord Chancellor a Creature of Wolsies to be removed and Cromer Primate of Armagh to be placed in the Chancery July 5. 1532. in his room Nevertheless lest Kildare should grow too powerful the King to ballance him gave the Lord High Treasurers Staff to James Lord Butler who notwithstanding that he was Kildare's Nephew was nevertheless his bitter Enemy and heartily espoused the Quarrels of his Father the Earl of Ossory as it was his Interest and Duty to do But the Earl of Kildare having again gotten the Supreme Power into his Hands little valued the Opposition of his Enemies On the contrary he was transported with the Contemplation of the prodigious Success he had hitherto met with and presumed so far on its continuance that he precipitated himself into many vain and unaccountable Actions for he not only married two of his Daughters to O Connor and O Carol obstinate Enemies to the Crown of England but also with his Forces invaded Kilkenny and destroyed all he found belonging to the Earl of Ossory and his Friends he also persuaded his Brother John Fitz-Girald and O Neal to invade the County of Louth which they burned and preyed without Resistance And all these Extravagances contributed to the Destruction of a Noble Family and to leave this Earl of Kildare an Example to Posterity of the great folly of using Power immoderately On the nineteenth of May 25 Hen. 8. which was anno 1533 and not 1534 as is mistaken in the printed Statutes the Parliament met and enacted I. That sturdy Beggars should not leaze Corn nor any Body out of his Parish And that no Body should give Sheaves of Corn for Reaping or Binding And in all these cases the Corn may be taken away from the Transgressor II. That the Parsonage of Galtrim should be appropriated to the Priory of S. Peter's near Trim. III. That the Royal Fishing of the Banne be resumed into the King's Hands Ware 's Annals 130. But this last Act is not printed At this Parliament the Controversie was renewed between Cromer Primate of Armagh and Allan Archbishop of Dublin about Precedency in Dublin which was determined in favour of the Primate O Carol that married Kildare's Daughter was Tanist and Brother to the deceased O Carol and by the Law of Tanistry claimed the Signiory but the Son of the Desunct being of Age and a brisk Man would not be so served and therefore as Heir to his Father he seized on the Castle of Bi r which the Lord Deputy in favour of his Son-in-Law undertook to besiege and did so but it was in vain for at that Siege he received a Shot in his Head which sent him back faster than he came out and though he regained his Health yet he never recovered his Intellectuals but was ever after as we say A little crackbrained It is reported That when he was wounded he sighed deeply which a Soldier that was by observing he told his Lordship That himself had been shot three times and yet was recovered To whom the Earl replyed Would to God thou hadst also received the fourth Shot in my stead About this time John Allen who had been Clerk of the Council and was now Master of the Rolls a Creature of the deposed Chancellor Alans was sent by the Council into England about Publick Affairs Lib. ãâã His Instructions were To acquaint the King with the Decay of the Land and that neither English Order Tongue or Habit nor the King's Laws are used above twenty Miles in compass That this Decay is occasioned by the taking of Coyn and Livery without Order after Men's own sensual Appetites and taking Cuddees Garty and Caan for Felonies and Murder Alterages Bienges Saults and Slanciaghs c. And that they want English Inhabitants who formerly had Arms and Servants to defend the Country but of late the English Proprietor hath taken Irish Tenants that can live without Bread or good Victuals and some for Lucre to have more Rent and some for Impositions and Vassalage which the English cannot bear have expelled the English and made the Country all Irish without Order Security or Hospitality Formerly English Gentlemen kept a Retinue of English Yeomen according to the Custom of England to the great Security of the Country but now they keep Horsmen and Kernes who live by oppressing the poor People The great Jurisdiction of the Nobility is another Cause of destroying the King's Subjects and Revenue And the Black Rents which the Irish exact enriches them and impoverisheth the Englishman Also the making of a Native chief Governour and often change of the Lord Deputy are great Faults And ill keeping of the King's Records and putting unskilful Clerks in the Exchequer do occasion much Mischief But the Alienation of the Crown Lands so that the King's Revenue is not sufficient to defend the Realm is the greatest Grievance of all It is probable that these Instructions were kept secret from the Lord Deputy for it cannot be imagined That he would have consented that Articles which in effect were an Impeachment of himself should be communicated to the King and in truth Allen's Errand was to accuse the Deputy and he was imployed so to do by the Archbishop of Dublin the Earl of Ossory Ware 131. Sir William Skeffington and others and he performed his Commission so effectually that the Lord Deputy was sent for by the King's Letter to repair to England and answer the Crimes that were objected against him Kildare
Portcorn that matter be likewise amended next Parliament VI. To Report to the Queen the Quality and Merit of those that have acted or suffered for her and the Quantity of the Reward fit to be given them out of the forfeited Lands and under what Covenants and Reservations and She thinks it better to give it to their younger Sons than themsevles to increase the number of Freeholders VII To the same Effect VIII To lessen or dissolve the Pensions and gratify the Parties with Portions of forfeited Lands certifying the Value and Condition of the same IX To grant no more Land to any Man than he shall be able to People X. To renew and observe the Directions to former Deputies in all things that are not contradicted hereby XI Because the Tenants of the Crown are disabled by the Rebellions of James Fitz-Morris and Desmond to pay their Arrears to let them have new Leases for the Remainder of the Terms at the old Rent the fourth Part of which shall be paid in Beeves at 9 s. a piece or Corn at the rate of Port-Corn and for the Arrearages to give Instalments or to remit part or all as you shall find requisite XII To resume by Act of Parliament or on Composition with the Parties the Demeasnes and Conveniences of Her Houses and Castles of Dublin Killmamham Athloan Caterlagh Leighlin Monasterevan c. and to annex them inseperably to the respective Castles or Houses by Act of Parliament reserving the Ancient Rent XIII To do the like by any of the forfeited Lands that lie convenient for those Castles c. XIV To preserve the Woods on any forfeited Lands near any Navigable River for her use XV. That no Man Ecclesiastical or Civil that has any Function or Office be suffer'd to be absent from his Charge above two Months without special License on pain of Forfeiture XVI To enquire with the Council what Outrages have been done since March the 25th 1583. and how redressed who of Quality are Loyal Disloyal or Suspected and to send Her an Account of the true Estate of every Province in that Realm XVII To inquire into all the Jurisdictions and Irish-Chieferies Exactions Cuttings and Spendings which the Attainted Rebels enjoyed that She may retain them or by relinquishing them manifest to Her Subjects the easiness of Her Government and their Happiness under it XVIII That Commissions do not issue for every trivial Concern and that the Allowance to Commissioners be not as great and burdensome as formerly XIX That the Establishment for Conaugh be lessened and that Richard Bingham be Chief Commissioner of Conaugh XX. To place John Norris Esquire President of Munster with the same Allowance your self had when President there XXI To make Thomas Jones Bishop of Meath Norris Bingham and Thomas L'Estrange Esquire of the Privy Council XXII To place such an Arch-Bishop at Armagh now void as you and the Council think fit XXIII To certify Quarterly the whole Expence in Ireland and what is sent hence and what is received there to defray it And afterwards additional Instructions were sent to him as followeth I. To endeavour to ease Her Majesties Charge in Victualling the Army Lib. C. by getting Victuals in Ireland and to save the charge and hazard of Transportation II. To consider how a College may be Erected and St. Patrick's Church and the Revenue thereof may be appropriated thereunto and every Diocess by Act of Parliament be made Contributary out of the Leases of Impropriations III. To Name some that may be made Lord Barons IV. In the next Parliament to revive the Impost which has been expir'd these two years V. To endeavour the getting in of the Debts due to Her Majesty VI. To Discharge such of the Pensioners or to Reward them in forfeited Lands as you shall think fit VII To Prefer the Ancient Officers and Soldiers before new Comers VIII To take off the Wards and Garison from Fernes and Iniscorthy and other unnecessary places IX To repair the Forts of Leix and Offaly at as small Charge as may be and to prevail with the Inhabitants of the Country for whose Defence they are made to provide Carriage and Labourers and to render an Account of the Condition of those Countries and the Causes of it X. To recompence Edward Waterhouse for the voluntary Surrender of his Patent for maintenance of Boats over the Sheuin such Entertainment as you and the Council shall think fit XI To suffer no Man that was in the late Rebellions of what Quality soever to keep any other Arms than Sword and Dagger XII To encourage the Loyal and protect the pardon'd People of Munster and send your best Advice how Munster may be Repeopled The Lord Deputy spent 18 days in close Consultation with the Privy Council who were the Arch-Bishop of Dublin Chancellor Earl of Ormond Treasurer the Bishops of Armagh Meath and Killmore Sir John Norris Lord President of Munster Sir Henry Wallop Treasurer of Wars Sir Nicholas Bagnall Knight Marshal Robert Gardener Chief Justice Sir Robert Dillon Chief Justice of Common Banc Sir Lucas Dillon Chief Baron Sir Nicholas White Master of the Rolls Sir Richard Bingham Chief Commissioner of Connaugh Sir Henry Cowley Sir Edward Waterhouse Sir Thomas L'Estrange Sir Edward Brabazon Jeffery Fenton Secretary of State Warham Saint Leger and Sir Valentine Brown And as soon as he understood the true State of the Kingdom and had laid down the Measures of his Government he issued a Proclamation of Oblivion and Indemnity and then he sent the Earl of Desmond's Son James into England On the 15th of July The Lord Deputy began his Progress and came to Molingar the 16th and thence sent a Cypher to the Lord Chancellor and Sir Henry Wallop to Dublin whereby they might easily Decipher and understand his Letters which would be unintelligible to the Rebels if they should happen to intercept them thence he proceeded to Connaugh where he endeavoured to reconcile all the great Men of that Country and put to Death Donogh beg O Bryan a bloody Murtherer in this Journey he converted Fryer Malachias a Malone Brother to Mac William Eughter and from Gallway he came to Limerick where he received the News that the Scots to the number of 1000. in favour of Surleboy had invaded Vlster and he also intercepted O Neals Fosterer returning out of Munster from exciting the Irish Lords and Gentlemen there to a new Rebellion but tho this Messenger upon Examination confessed his Errand yet he assured the Deputy that all those he had gone to refused to Rise as long as Sir John Perrot and the Earl of Ormond whom they deemed just Men continued in the Kingdom Hereupon the Deputy took Pledges from those he most suspected and leaving the County of Cork to the Justices Walsh and Miagh the Sheriff Sir William Stanley and the Lords Barry and Roch Limerick to the Provost Marshal Desmond to the Earl of Clancar 1584. Sir Owen O Sullevan and O Sullevan more
in many other high Regards 't is Expedition alone that can answer the Anxieties which England must be in for Your Majesty's Absence And seeing Your Majesty will leave behind that Great Pledge Your Royal Consort and our most Gracious Queen Your Majesty will not want Your own Anxieties also for a speedy Return But that it may be with such Laurels as may bring Terror to France with Triumph to Your own Kingdoms and a happy Restitution of Your poor Protestant Subjects of Ireland to their Native Homes is the most fervent Prayer of GREAT SIR Your Majesty's most Dutiful most Loyal and most Devoted Subject and Servant R. COX TO THE READER YOU have here a History of great Variety and much Intrigue It takes in a large Space of Time of above Fifty Years and begins at the End of one War and ends with the Close of another The long Interval between these Two Periods being almost Forty years was spent in a profound Peace the short Commotion of O Dogharty only excepted and in promoting all those Blessings of Plenty and Good Laws which the Industry of the English could accomplish But the subsequent Part of the Time was according to Bishop Usher's Prophetical Sermon Preach'd Anno 1601. turn'd into a Scene of Blood Treachery and Desolation which overturned all The Roots of that so great Cruelty and Universal Defection are already hinted at in the Preface of my Former Part by those Differences there set forth of Nation Interest and Religion Upon King James his Accession to the Crown the Irish were surfeited with War so that all things in that Kingdom had a tendency to Peace And tho' a Rumor spread abroad and believ'd by the Irish That the King was of their Religion put some of the principal Towns into a Commotion yet the Diligence and Expedition of the Lord Deputy did soon appease that Storm and reduce the Disobedient to their Duty And tho' the natural Inclination of that King to Peace was a great Temptation to the Irish to try their Fortune with him in a War and accordingly the Lords Tyrone and Tyrconell and Sir Cahir O Dogharty attempted it yet the Rebels were always baffled in their Undertakings by the Diligence Wisdom and Courage of those to whom the King entrusted his Irish Affairs And indeed both King James the First and King Charles the First did take a particular Care to put the Government of Ireland into such Hands as were worthy of it and underwent the Administration thereof with Advantage to that Kingdom and Honor to themselves The First was the Lord Montjoy whom King James found Deputy and soon after made Lord Lieutenant This Lord was thought in England to be a better Courtier than a Soldier but when he came to Ireland he proved the best Soldier that Kingdom had seen in many Years It was he that found out the true Way of making War with the Irish For being well supplied with Necessaries from England he plainly saw that if he could attack them at a time when they wanted all Conveniences to keep the Field he could meet with very little or no Resistance and therefore he supplied his Frontier Garisons with Men and Provisions and they by their frequent Excursions did such Execution on the Persons and Estates of the Irish that by One Winters War he reduc'd them to the Necessity of eating one another and forced their Ringleader the Earl of Tyrone to submit to his Mercy and so made an end of that Rebellion His Successor or rather Deputy Sir George Cary was Treasurer at Wars and a worthy Gentleman but nothing of extraordinary moment hapned during his Government The next was Sir Arthur Chichester afterwards Lord of Belfast one well experienc'd in the Affairs of Ireland whereof he held the Chief Government for Eleven Years He was a good Soldier and a true Englishman and did Three great Things towards a Reformation The First was his Management of the most stubborn Parliament that ever was in that Kingdom which nevertheless he prevail'd with to Attaint the Earls of Tyrone and Tyrconell Sir Cahir O Dogharty and others and to make an Act of Recognition and to give the King a Subsidy And the Second was the Plantation of the Forfeitâd Estates in Ulster which he very much influenc'd and promoted And the Third was the Reviving and Restoring the Circuits for Judges of Assize in both the Provinces of Conaught and Munster The Lords Justices Doctor Jones Archbishop of Dublin and Lord Chancellor and Sir Richard Wingfield were Men Famous in their respective Faculties and are Founders of the Noble Families of the Earl of Ranelagh and Viscount Powerscourt And Sir John Denham Lord Chief Justice was not less Renowned than either of Them by reason of his great Learning in his Profession to which the Crown owes the first Advancement of that Considerable Branch of the Revenue arising by the Customs in Ireland The next Lord Deputy was Sir Oliver Saint John afterwards Viscount Grandison a Person Nobly descended and of a generous Temper He had given great Proof of his Courage and Conduct at the Battel of Kinsale and was not inferior to any of his Predecessors in a sincere Concern for the Protestant Religion and the Good of the Kingdom but he hapned in an ill time as did also his Successor the Worthy Lord Falkland whilst the Spanish Match was in agitation So that both these brave Men by the Clamour of the Irish and the prevailing Power of their Popish Enemies came away in Disgrace But their Innocence being afterwards vindicated as it was this Affront was in some measure atton'd for by the subsequent Favour of the King The Lords Justices that received the Sword from the Lord Falkland were the Viscount Loftus of Ely Lord Chancellor one of great Parts and Merit and the Noble Earl of Cork Lord High Treasurer who was one of the most extraordinary Persons either That or any other Age hath produced with respect to the great and just Acquisitions of Estate that he made and the Publick Works that he began and finished for the advancement of the English Interest and the Protestant Religion in Ireland as Churches Alms-Houses Free-Schools Bridges Castles and * Lismore Tallow Cloghnakilty Iniâkeen Castletown Bandon which last Place cost him 14000 l. Townsâ Insomuch that when Cromwel saw these prodigious Improvements which he little expected to find in Ireland he declared That if there had been an Earl of Cork in every Province it would have been impossible for the Irish to have rais'd a Rebellion And whilst he was carrying on these solid Works he lived in his Family at a Rate of Plenty that exceeded those who consumed great Estates in the lavish ways of ill-ordered Excess His â God's Providence is my Inheritance Motto shews from whence he derived all his Blessings the greatest of which was the Numerous and Noble * Earl of Burlington and Cork Viscount Kinalmeky Earl of Orrery Viscount Shannon Robert
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 Septemâer 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 uâlawful 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
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 Dignâaries 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
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
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 Rosâomon-Castle was once again repaired 1275. or rather reedified and Mortagh a strong Tory being taken Prisoner by Sir Walter le Faunt was executed but the Lord Justice being recalled Sir Robert de Vfford was made Lord Justice 1276. in whose time Thomas de Clare Son of the Earl of Glocester came into Ireland and married Juliana Daughter of Maurice Fitz-Maurice Fitz-Girald though some say it was anno 1274. There is little
recorded of the Battel of Glandelory or Glinbury as to the Captains Numbers or other Circumstances save that the English suffered a great Defeat there and that William Fitz Roger Prior of the Kings Hospitallers and many others were taken Prisoners Hanmer 203. and a great number slain which ill Success was somewhat ballanced by a sore Battel which Ralph Peppard and O Hanlon gave to the great O Neal. Thomas de Clare and O Bryan Roe King of Thomond were likewise at odds 1277. and the Briton had tho' the better of it at first so that he took O Bryan and beheaded him yet afterward the Irish drove Thomas and his Father-in-Law into the Mountains of Slevebloom M. S. Fragment 2. and kept them there till for want of better Victuals they fed upon Horse-flesh and thereupon they yielded themselves Prisoners and to obtain their Liberty were forced to give Hostages that they would make satisfaction for O Bryan's Death and surrender the Castle of Roscomon And as if some malignant Star had influenced all the Inhabitants of Ireland to contention the Irish also quarrelled with one another and Mac Diarmund of Mylurg encounter'd the King of Connaught and slew him and two thousand of his Men. Wherefore the Lord Justice was sent for over to give account of this Bustle and why he permitted it as also to answer why he did not in person assist Thomas de Clare against the O Bryans To the first he answered that it was no damage to the King that one Rebel destroy'd another and to the second he gave such an Answer as was satisfactory Stephen de Fulborne 1279. Bishop of Waterford was left Lord Justice till his Return In his time were coyned in England several round Pieces of Money viz. the Penny the Half-penny and the Farthing which by Proclamation were made current in England and Ireland and yet the old Money was not cried down About this time the Irish Petitioned the King that they might have the Benefit of the Laws of England extended to them which produced the following Writ REX Archiepisc Prin 257. Abbatib Comitib Baronib Militib omnibus Anglicis de terra Hiberniae Salutem Ex parte Hibernicorum de terra praedicta nobis extitit humiliter supplicatum quod sibi de gratia nostra concedere dignaremur ut eisdem Legibus Consuetudinibus communibus uti gaudere possint in terra quibus Anglici ibidem utuntur gaudent secundum easdem Leges Consuetudines deduci valeant in futurum Nos autem quia hujusmodi concessionem absque Conscientia vestra eis ad praesens non duximus faciendam Vobis mandamus quod ad certos dies quos ad hoc provideritis viz. citra Festum Nativitatis Beatae Mariae Virginis in aliquibus locis oportunis conveniatis inde diligentem tractatum inter vos habeatis Vtrum sine prejudicio vestri Libertatum Consuetudinum vestrarum etiam sine damno vestro dictam concessionem facere possumus eisdem necne de omnibus aliis circumstantiis hujusmodi concessionem contingentibus de hoc quod inde feceritis nobis citra proximum Parliamentum nostrum quod erit apud Westminster à die Sancti Michaelis in unum Mensem sub Sigillo Justic nostri Hiberniae vel ejus locum tenentis Sigillo dilecti fidelis nostri Roberti Baggot distincte aperte una cum concilio vestro constare faciatis hoc propter absentiam quorundam de paribus vestris quos ibidem interesse non contigerit vel illorum qui sunt infra atatem in custodia nullatenus omittatis ut nos ex tunc habita super hoc deliberatione pleniori inde provideri faciamus quod nobis concilio nostro magis videbitur expedire c. It is certain the Answer to this Writ was in the Negative and I suppose the Reason was That since the Irish generally were not amensnable to the Law but still used and would use their own Brehon-Law and Tanistry it was not fit they should have a general Benefit of the Laws of England but rather that every Person Family or Sept who would give some Assurance or at least Promise of Allegiance and Submission to the English Laws should by Special Writ be admitted to the Benefit of them and therefore we find a Multitude of such Writs and Licences from this time forward and many of them are in this Form viz. Quod ipse liberi sui de corpore suo legitime procreati hanc habeant libertatem And sometimes it is to Them and Their Heirs and sometimes to Them and Their Heirs of such a Sirname But the most memorable Writ of this Sort is that which follows REx omnibus ad quos Prin 258. 6. Rich. 2. c. Salutem sciatis quod de assensu concilii nostri concessimus pro nobis haeredibus nostr ad supplicationem Cornelii de Clone de Hibernia dicto of Fynatha militis Hibernici pro suo bono gestu erga nos pro bono servitio quod nobis impendit tempore praeterito tam praedicto Cornelio qui est de Natione Hibernica quam omnibus aliis de praedicta Natione qui sunt erunt ad obedientiam nostram de sanguine ipsius Cornelii existunt gerunt illud cognomen de Fynatha quod ipsi tempore quo ipsi sic obedientes nobis vel haeredibus nostris existunt uti gaudere possint omnimodis haereditatibus beneficiis libertatibus in Terra nostra Hiberniae predicta prout ligei nostri Anglicani obedientes nostri ibidem gaudent utuntur aliquo statuto vel ordinatione in contrarium edito non obstante c. Robert de Vfsord 1280. Lord Justice returned from England and kept all things in such good Order that nothing is recorded of the two following Years but the unfortunate burning the City of Waterford But he being removed Stephen Fulborn 1282. Bishop of Waterford afterwards Archbishop of Tuam was Lord Justice it seems he had been also Lord Treasurer And then the Irish made great Stirs in Connaught Arlow and Vpper Ossory which cost many Lives but the Loss fell heaviest upon the principal Rebels Mortagh and Art mac Morough were slain by Penquirâ 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
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-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
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 ãâã c. quousque de meritis personarum ac de causis conditionibus donationum praedict fuerit informat ideo Mandââ 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
Officer under the King that entred very poor could in one Year heap up more Wealth than Men of great Estates in many Years And III. How it chanced since they were all called Lords of their own that the Sovereign Lord of them all was never the richer for them The King who knew what they aimed at was very unwilling to restore the Lands and Jurisdictions he had resumed and therefore tryed all other ways to reform the Kingdom and please the People He turned out many of his Judges and Officers that were most obnoxious particularly Elias de Ashbourn whose Estate he caused to be seized Thomas de Montepessulano and Henry Baggott Judges of the Common Pleas He sent a Writ to the Lord Deputy to certifie the Qualities Services Fees Number and Behaviour of his Officers in Ireland He ordered that all Pardons or Suspensions of the King's Debts that were by green Wax or otherwise except Pardons or Releases under the great Seal should be vacated and the Debts levyed He also commanded the Lord Justice Darcy or his Deputy to employ no others in any considerable Office than such Englishmen as had Estates in England and to turn out all that were not so qualified And also enjoyned him not to alien or grant any of the King's Lands until he be fully informed of the Circumstances by Inquisition And whereas the Treasurer of the Exchequer did claim a Privilege to dispose of any Sum under one hundred Shillings toties quoties as he pleased without Voucher or Account the King supersedes that evil Custom and orders him to account for what is past since the beginning of his Reign and to issue no more Mony without the Presence or Consent of the Lord Justice Lord Chancellor and Council And whereas the Treasurer used to name Sheriffs that Nomination is conferred on the Chief Governour and Chancellor and Council who are enjoyned to put in Persons fit for the Office And whereas the Treasurer for Rewards used to forbear the King's Debts so that many of them were lost that Practice is also prohibited for the future And the Treasurer is ordered Not to receive the King's Mony in his Chamber or elsewhere privately but only in the publick Office The King also sent a Writ to be certified of the Particulars which were seized by virtue of the aforesaid Writ of Resumption And John Darcy Senior had an Order to have his Part of those Lands restored The Lord Justice the Deputy and the Chancellor or any two of them were authorized to supervise and regulate the Exchequer And yet all this and whatever else the King could do did not quiet the Kingdom until there was a general Restitution of these resumed Estates which was done 26 Edw. 3. And it must not be forgot that Walter Archbishop of Ardmagh Pryn 277. being in the time of Edw. 2. advanced to that See by the Popes Provision wherein were some Clauses prejudicial to the Crown the King refused to restore the Temporalities unto him until he had renounced all Clauses in the Pope's Bulls prejudicial to the King or his Kingdoms and engaged to pay a Fine of one thousand Crowns for that Misdemeanour but the Archbishop died before the Fine was paid And about this time Process issued to levy the same on the Temporalities of his Successor but it was irregular and illegal and therefore the King superseded that Process and directed that it should be levyed of the Heirs or Executors of the said Walter And about this time John Larch Prior of the Hospital of S. John of Jerusalem in Ireland and Mr. Thomas Wogan were sent to the King by the Prelates Earls Barons and Commons of Ireland with a long Catalogue of the Grievances of those Times to be seen at large together with the King's Answer in Mr. Pryns Animadversions 279. But Whether these Agents were sent from the Parliament at Dublin or the discontented Assembly at Kilkenny non constatâ But 't is certain that not long after the Lord Justice was removed and Sir Ralph Vfford came over Lord Justice 1334. he married the Countess Dowager of Vlster and was a grave severe Man and the likeliest Person of that Age to reduce the Seditious to their Duty however the Irish and the old English speak very hardly of him and after they had given him the worst Character imaginable they add That there was a continual Tempest in Ireland from the time of his landing to the Day of his Death Camb. 189. 'T is certain they hated him so that in Sight of the People and at noon-day he was robbed of his Cloaths Mony Plate and Horses by Mac Cartane at Emerdullin no Body endeavouring to help or rescue him nevertheless he afterwards raised the Men of Vrgile and gained the Pass and entred Vlster On the twenty fourth of November the King and Parliament at Notingham made Ordinances for the Reformation of Ireland which are the same mentioned already 17 Edw. 2. ante pag. 112. which is there mistaken for 17 Edw. 3. as I suppose for though both my Lord Cook and Mr. Pryn quote 17 Edw. 2. yet I rather believe both their Books are misprinted than that the same Ordinances should be repeated at the same Place and in the same Year of both Kings But however that be my Lord Cook adds this Clause Volumus praecipimus quod Nostra Terrae nostrae negotia praesertim majora ardua per Peritos Conciliarios ac Praelatos 4 Inst 350 351. Magnates quosdam de discretioribus Hominibus i.e. the Commons in Parliamentis tractentur disâutiantur terminentur Vide postea ad annum 1357. And this he says does regulate the Parliaments of Ireland according to the Institution of England for before this time the great Meetings in Ireland were rather general Assemblies of the Great Men than properly Parliaments I find it asserted in the Argument of a Case about the Precedency of the Lord of Kerry before the Lord of Slane 12 Jac. 1. that the first regular Parliament in Ireland was held anno 12 Edw. 3. but I do not find any other Authority that there was any Parliament held that Year at all Certainly the greatest Assembly that was at any time in either of these King's Reigns at Parliament was anno 1302. being 30 Edw. ãâã the Number upon the Parliament Roll amounting to no less than one hundred fifty six The Parliament 8 Edw. 2. was nevertheless more considerable because of the Quality of the Persons for there were the four Archbishops ten Bishops the Abbot of S. Thomas the Prior of Kilmainham and the Dean and Chapter of Dublin There were also many Irish Lords as O Hanlon Duke i.e. Dux Captain or Chief of Orry O Donel Duke of Tyrconnel O Neal Duke of Tyrone c. and almost all the English Nobility in Ireland Others make a distinction between Grand and Petit Parliaments Lib. M. Lambetâ the former were properly Parliaments and in them the
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 Mânster 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 25âh of May and then surrendred to Sir John Morris Lord Justice who met the bad News that in April before the O Mores had burnt the Castles of Ley and Kilmehide He released the Earl of Kildare out of Prison as aforesaid but continued not long in his Government so that there is little mention of what was done in his time saving that in June the Irish of Vlster slew three hundred of the English of Vrgile and immediately thereupon Sir Walter Birmingham 1346. Lord Justice landed in Ireland and was sworn the 19th of June he procured leave for the Earl of Desmond to manage his Cause in England where that Earl was kindly received and allowed by the King twenty Shillings per diem from the day he landed for his Expences his Estate being I suppose in Custodiam he was diligent in his business and followed the Law hard says my Author for satisfaction for the wrongs done him by Vfford The Lord Justice and the Earl of Kildare in November pursued the O Mores so effectually that they forced them to submit and give Hostages and thereupon the Earl of Kildare obliged by the kindness shewed to his Cozen Desmond in England went in May to serve the King at Calice 1347. where he was Knighted by the King for his good Service and the Lord Justice return'd to England leaving John Archer Prior of Kilmainham Lord Deputy in whose time Donald Oge mac Morrough call'd Prince of Leinster was murdered by his own Followers on the 5th of June and the Town of Nenagh was burnt by the Irish on St. Stephens Day Sir Walter Birmingham 1348. Lord Justice came again from England having first obtain'd for himself the Barony of Kenlis in Ossory which formerly belonged to Sir Eustace Poer one of the Knights taken by Vfford in the Earl of Desmonds Castle of Island and there executed It was about this time Cottons Rec. 66. viz. 21 Edw. 3. that the Commons in the English Parliament did petition the King that Enquiry might be made by good men why he taketh no Profit of what he hath in Ireland seeing he hath more there than any of his Ancestors had And if default be found in the Officers that then such others be put into their places as will answer the King of the reasonable Profit thereof and the King was pleased it should be so They also desire that the Estate of the Earl of Vlster which if the Kings Daughter-in-Law the Duchess of Clarence should die without issue might descend to Co-parceners some of which are the Kings Enemies might be setled otherwise And it seems that by the good usage Desmond and Kildare found in England and France and the daily expectation to have the resumed Lands and Jurisdictions restored which was done anno 1352. the Kingdom was so quiet that we find little or nothing recorded of these times except the alteration of the Governors viz. that The Lord Carew 1349. Lord Justice succeeded Birmingham and that Sir Thomas Rokeby 1349. Lord Justice came over the 20th of December and afterward he returned to England and left Maurice de Rochford 1351. Bishop of Limerick Lord
Deputy who held that Place and discharg'd it worthily until Sir Thomas Rokeby 1353. Lord Justice returned he brought with him ten men at Arms and twenty Archers which were allowed him by the King over and above the ordinary Retinue of twenty Men. About this time lived Sir Robert Savage a very considerable Gentleman in Vlster who began to fortifie his dwelling House with strong Walls and Bulwarks but his Son derided the Fathers Providence and Caution affirming that a Castle of Bones was better than a Castle of Stones and thereupon the old Gentleman put a stop to his Building It hapned that this brave Man with his Neighbors and Followers were to set out against a numerous Rabble of Irish that had made Incursions into their Territories And he gave Orders to provide plenty of good Cheer against his return but one of the Company reprov'd him for doing so alledging that he could not tell but the Enemy might eat what he should provide to whom the valiant old Gentleman replied That he hoped better from their Courage Camb. 193. but that if it should happen that his very Enemies should come to his House he should be asham'd if they should find it void of good Cheer The Event was suitable to the Bravery of the Undertaking Old Savage had the killing of three thousand of the Irish near Antrim and return'd joyfully home to Supper But let us return to the Lord Justice of whom it is recorded that he us'd to say That he would rather eat his Meat in wooden Dishes and pay Gold and Silver for it than to eat in Golden Dishes and make wooden Payment However on the 20th day of July 1355. he did resign to Maurice Fitz-Girald 1355. Earl of Desmond Lord Justice he obtained so much favour in England Lib. M. that he had this Office granted to him for Life which expired the 25th day of January he was so just a man that he spared not his very Relations when they were criminal And about this time the Barons of the Exchequer were reduced to Three Lib. CCC 10. 29 Ed. 3. and John de Pembrook Chancellor of the Exchequer was made the third Baron Sir Thomas Rokeby 1356. Lord Justice returned again to Ireland and held a Parliament at Kilkenny at which many good Laws were enacted In his time a Memorable Writ was sent to the Lord Justice and Chancellor reciting That whereas the Subject found great difficulty to get Restitution according to Law of such Lands as were at any time seized into the Kings Hands Prin. 286. 29 Ed. 3. And whereas they refused in Parliaments here to take cognizance of erronious Proceedings in the Kings Courts but put the Subject to the trouble and charge of prosecuting a Writ of Error in England the King orders amendment and Reformation in both those Cases And not long after this worthy Lord Justice died at the Castle of Kilkea and was succeeded by Almaricus de Sancto Amando 1337. Lord Justice in whose time a great Controversie happened between the Archbishop of Armagh and the Regulars but at length by the favour of the Pope the Friers got the better of the Bishop To this Lord Justice the King sent a Writ or Commission Prin 294. authorizing him with the Advice of the Chancellor and Treasurer to give a special Pardon to as many English or Irish as he shall think fit for all Crimes except Treason Moreover for the better instruction of the People and because of the Non-residence of their Pastors Ibid. the King by his Sovereign Ecclesiastical Jurisdiction Authoriz'd and Licenc'd the Archbishop of Dublin to constitute perpetual Vicars in all Benefices and Prebendaries belonging to his Archbishoprick and of the Kings Patronage with certain proportions of greater and lesser Tithes and other Profits to those who should reside upon them But which was more than all this the King by advice of his Council made most excellent Ordinances in England for the better Government of the Church and State of Ireland and the maintenance of the good Laws and Statutes of England there established they are to be found at large in Prins Animadversions on the 4th Instit pag. 287. and therefore are omitted here being very long though also very good only this must be observed that the Clause formerly quoted ad annum 1344 out of the 4th Instit is by my Lord Cooke mistaken both as to Time and Form as to the Time it was not 17 Edw. 3. as he says but it was 31 Edw. 3. And as to the Form it is thus VOlumus praecipimus quod Nostra ipsius terrae Negotiâa 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 Ecclesiasââcal 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
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
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 âord 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
Resumption of all the Grants made by the Crown since the last day of the Reign of King Edward the Second Lib. G. except some Particulars mentioned in the Act and another Act Rot. Parl. c. 41. attaints the Earl of Kildare and his Brother James for High Treason for corresponding with O Hanlon and seizing the Castle of Caterlogh for extorting Coyn and Livery and for treating with the King of Scotland however he was afterward acquitted in England and received into favour and perhaps there was another Act to dissolve the Fraternity of S. George for it is certain that about this time that Brotherhood fell and so I have done with this Famous Parliament when I have told you that it is a Mistake in the Printed Statute-Book to place it anno 1495 because it is manifest That November 1494 was in the tenth Year of this King's Reign It is scarce worth mentioning Ware 43. That during this Parliament the Lord Deputy made another Expedition into Vlster because the Irish fled into their Fastnesses so that he reaped but small Fruit for his Journey In his Absence he left a Commission with the Chanchellor to continue adjourn prorogue or dissolve the Parliament as he saw cause About this time Cormock mac Teige mac Carthy of Muskry 1495. was basely murdered by his Brother Owen Ancestor of the Mac Carthyes of Cloghroe and was buried in the Abby of Kilcrea which he himself had founded But let us return to Perkin Werbeck who set sail from Flanders with about six hundred Men and arrived on the Coast of Kent but he found ill treatment there for one hundred and sixty of his Men were taken Prisoners and afterwards executed Thence he sailed to Ireland where he staid some time in Munster probably at Cork but finding the Irish unable to give him any considerable Assistance and fearing the Forces of the Lord Deputy he went thence into Scotland and by that King's Consent married the Earl of Huntly's Daughter who was nearly related to the Crown of Scotland The King of Scots did invade England in favour of Perkin but finding that none of the English came to assist the Impostor he wasted Northumberland and returned And thus Sir Edward Poynings drove Perkin out of Ireland and suppressed his Abettors and established many good Laws which though for the present they extended no further than the Pale yet their Effect and Influence increased and inlarged as fast as the King's Authority did so that those Statutes are at this day in full force over all the Kingdom And the King finding Ireland in so quiet a condition recalled the Lord Deputy and for his good Service made him Knight of the Garter And in his place appointed Henry Dean 1495. Bishop of Bangor Chancellor of Ireland and afterwards Archbishop of Canterbury 1496. to be Lord Justice and on the twenty sixth of April William Ratcliff was made vice-Vice-Treasurer and John Pimp Treasurer at War and on the twenty fifth of June the Lord Delvin was made General for defence of the Pale and in July Octavianus Archbishop of Armagh held a Synod at Droghedah the Acts whereof are not to be found and in August Hugh O Donel being returned out of Scotland encountred and defeated O Connor near Sligo Whereupon he besieged the Castle of Sligo but without Success for being frightned with the News of the Approach of the Burks of Clanrickard he raised the Siege and retired in hast towards Tyrconnel But Burk was not so satisfied but burnt and destroyed all the adjacent Territories that belonged to O Donel's Partisans But the Earl of Kildare was still kept in Prison in England for Grief whereof his Countess died The Earl was accused of burning the Church of Cashel and many Witnesses were ready to prove it when contrary to all their Expectations he readily confessed the Fact and swore by Jesus That he would never have done it but that he thought the Archbishop was in it Which being uttered with a bluntless peculiar to this Lord did exceedingly work upon the King for whilst the Earl did so earnestly urge that for his Excuse which was the greatest Aggravation of his Crime the King easily perceived That a Person of that Natural Simplicity and Plainness could not be guilty of those Finesses and Intrigues that were objected against him It is reported of this Earl That he desired the King to permit him to have Council to manage his Cause since he was altogether unqualified to deal with such cunning Knaves as his Adversaries The King told him He should have what Counsel he would choose and that it concerned him to get Counsel that were very good for that he doubted his Cause was very bad The Earl replied That he would pitch upon the best Counsel in England Who is that said the King Marry even your Majesty quoth the Earl Whereat the King laughed But nevertheless he so requited Kildare for his Complement that when the Adversary concluded his Oration That all Ireland could not govern this Man the King took that occasion to make reply That therefore he was the fittest Man to govern Ireland Ware 49. And so for his Jest-sake made him Lord Lieutenant of that Kingdom by his Letters Patent of the sixth of August and restored him to his Honour and Estate Nevertheless the King kept the Earls eldest Son Girald as Hostage of the Father's Fidelity which proved to be a matter of Caution rather than of Necessity for no body could behave himself with more Loyalty to his Prince nor more Vigor against the Irish than the Earl of Kildare did from henceforward But to proceed Girald Earl of Kildare 1496. being made Lord Lieutenant in a short time after he had received the Sword marched towards Thomond against O Brian he went through the City of Limerick and took the Castle of Feyback from Finin Mac nâmarra and afterwards took and rased the Castle of Ballyniti or Ballynice and so returned to Dublin and was reconciled to the Archbishop of Armagh to their mutual Ease and Quiet and to the great Advantage of Publick Affairs which often suffer especially in Ireland by the private Animosities of the Grandees But the Bishop of Bangor was recalled into England and Walter Archbishop of Dublin was made Lord Chancellor in his stead This good Archbishop in a Synod at Dublin anno 1492 procured a Pension for a Divinity-Reader there to be paid by him and his Suffragans and their Successors for ever And it is reported of him That being present when a famous Orator made a most eloquent Speech to the King his Majesty asked the Archbishop How he liked the Oration The good old Man replied That he saw no other Fault in it but Flattery As God shall love me quoth the King That is the very Fault I my self espied The King by advice of the Lord Lieutenant resolved to pardon those great Men that had been concerned with Perkin Warbeck lest Despair might induce
them to new Disturbances And accordingly the Earl of Desmond the Archbishop of Cashel the Bishops of Cork and Waterford and many other of the principal Men of Munster were pardoned and the Liberties and Charters of Youghal were restored and confirmed and their Priviledges enlarged In the mean time dyed Rowland Fitz-Eustace Baron of Portlester who at several times had been Deputy Chancellor and Lord High Treasurer of Ireland which last Place held thirty eight Years And about the same time died Cnoghor mac Trelagh O Brian Chief of Thomond and was succeeded by his Brother Gil duff by Popular Election according to the Custom of Tanistry But it is time to return to Perkin Warbeck whom we left in the Arms of a fair Lady in Scotland that King had already made several Essays in favour of this supposititious Prince but now his Affairs pressed him to make a Peace with the English which King Henry would not hear of unless Perkin were delivered up It was therefore necessary for the Impostor to seek new Quarters 1497. And therefore being secretly supplied by the King of Scotland with Necessaries for his Voyage he embarqued with his Wife and Family and landed safely at Cork the twenty sixth of July he could not have pitcht upon a Place more prone to Rebellion at that time but curst Cows have short Horns and their Ability was not suitable to their Inclinations however he listed one hundred and twenty Soldiers and by the Aid or at least Countenance of the Earl of Desmond he got Conveniences for their Transportation And so finding the Earl of Kildare so firm and potent that no good was to be done in Ireland and receiving an Invitation from the Cornishmen he sailed directly to Cornwal in September and landed safely at Whitsand-bay The City of Waterford which for its loyalty to the Crown against Lambert Symnel had received great Favours and Priviledges from his Majesty was now altogether as vigorous against Perkin and by its discreet behaviour in this Affair well deserved the Motto Intacta manet Waterfordia That City manned out four Ships and sent them in pursuit of Perkin but Fortune did not favour that Generous and Loyal Design This Impostor being thus arrived in England took upon him the Name of Richard IV King of England and as such behaved himself and acted his Part so well that he would often lament the Destruction of his People and would frequently bemoan the Tyranny and Oppressions they lived under which sort of Deportment took with the common People exceedingly insomuch that some thousands of them came to him at Bodmin with them he besieged Excester and assaulted the City with great vigour and Resolution which the Couragious and Loyal Citizens by the help of some of their Country Neighbours as valiantly defended Hereupon Perkin raised the Siege and marched to Taunton and although the Cornishmen continued resolute to conquer or dye yet Perkin perceiving their Courage was greater than their Strength and finding that the King's Army did daily increase whilst his did decrease he privately withdrew to the Sanctuary of Beaulieu in Hampshire and afterwards surrendred himself and being imprisoned in the Tower he made his escape once and attempted it the second time and was therefore together with his Friend John Waters Mayor of Cork hanged at Tyburne where he confirmed the Confession he had formerly made which was to this effect I Being born in Flanders Campion 104. in the Town of Turney put my self in Service with a Britton called Pregent Meno the which brought me with him into Ireland and when we were there arrived in the Town of Cork they of the Town because I was arrayed with some Cloaths of Silk of my said Masters threeped upon me That I should be the Duke of Clarence's Son that was before time at Divelin and forasmuch as I denyed it there was brought unto me the Holy Evangelists and the Cross by the Mayor of the Town called Ino Lavallin and there I took my Oath That I was not the said Duke's Son nor none of his Blood After this came to me an Englishman whose Name was Stephen Poytow with one John Walter and sware to me That they knew well that I was King Richard's Bastard-Son to whom I answered with like Oaths That I was not and then they advised me not to be afraid but that I should take it upon me boldly And if I would so do they would assist me with all their Power against the King of England and not only they but they were assured That the Earls of Desmond and Kildare should do the same for they passed not what part they took so they might be avenged on the King of England and so against my Will they made me to learn English and taught me what I should do and say And after this they called me Richard Duke of York second Son to Edward IV because King Richard's Bastard-Son was in the Hands of the King of England And upon this they entred into this false Quarrel and within short time after the French King sent Embassadors into Ireland viz. Lyot Lucas and Stephen Frayn and so I went into France and thence into Flanders and thence into Ireland thence into Scotland and so into England again But let us return to the Affairs of Ireland 1498. which were briskly managed by the Lord Lieutenant He called a Parliament at Trim which met on the twenty sixth of August in the fourteenth Year of the King's Reign which must be anno 1498. and not 1499. as it is mistaken in the printed Statutes for the King began his Reign the twenty second Day of August 1485. There is but one Act of this Parliament extant and that is To make all the Statutes in England about the Officers of the Custom-house to be of force in Ireland after Proclamation at Dublin and Drogheda A very needless Law certainly since it could have but four Years retro-spect all former English-Statutes being ratified here by Poyning's Act of 10 Hen. 7. cap. 22. In the mean time Henry O Neal who had murdered his Brother Con was this Year served in the same kind by Tirlagh and Con Sons of the former Con And not long after the Lord Lieutenant invaded Vlster in favour of the aforesaid Tirlagh O Neal who was his Nephew by the Mother he was joyned by O Donel Macguire and all Tirlaghs Friends and effectually besieged Dungannon took the Castle and set at Liberty all the Prisoners that Neal mac Art O Neal kept there and forced Neal mac Art himself to submit and give Hostages The Vlster Expedition being over the Lord Deputy in October marched to Cork where he placed a Garrison and forced the Inhabitants of that City and of Kingsale to swear Allegiance and to bind themselves thereunto both by Indentures and Hostages which it seems he thought were stronger Obligations upon them than their Oaths After his return in the beginning of March Ware 's Annals he held
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 ãâã rectified if you rightly consider the beginning of the Kingâ Reign the twenty second of August 1485. and that the Earl of Kildare was Lord Lieutenant 14 Hen. 7. when ãâ¦ã Act was made and was Lord Deputy when the later ãâ¦ã sate And that this change of his Title happened ãâ¦ã later end of the Year 1498. It seems that the Male-contents in Ireland having losâ 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
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
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 Tolâdo 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
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
Souls paid Tribute to Caesar though no Christian greater Honour then surely is due to your Prince His Highness the King and a Christian one Rome and her Bishops in the Fathers Days acknowledged Emperors Kings and Princes to be Supreme over their Dominions nay Christs own Vicars and it is much to the Bishop of Rome's shame to deny what their precedent Bishops owned Therefore his Highness claims but what he can justifie the Bishop Elutherius gave to S. Lucius the first Christian King of the Britains so that I shall without scrupling vote his Highness King Henry my Supreme over Ecclesiastical Matters as well as Temporal and Head thereof even of both Isles England and Ireland and that without Guilt of Conscience or Sin to God and he who will not pass this Act as I do is no true Subject to his Highness XIII That the King and his Heirs and Successors for ever shall have the twentieth part of the yearly Profits Revenues Rents Farms Titles Offerings and Emoluments Spiritual and Temporal belonging to any Archbishoprick Bishoprick Abbacy Monastery Priory Arch-Deaconry Deanry Hospital Comandry College House Collegiate Prebend Cathedral-Church Collegiate Church Conventual Church Parsonage Vicarage Chantry or Free Chappel or other Promotion Spiritual whatsoever And the King was so well pleased with this Act Lib. H. that he sent a particular Letter of Thanks to the Lords Spiritual for granting him the twentieth part of their Livings yearly for ever XIV That no Subject shall be shaved above his Ears or wear Glibbs or Crom-meals i.e. Hair on the upper Lip or Linnen died in Saffron or above seven yards of Linnen in their Shifts and that no Woman wear any Kirtle or Coat tucked up or embroydered or garnished with Silk or couched ne laid with Usker after the Irish Fashion and that no Person wear Mantles Coats or Hoods after the Irish Fashion except Women Horse-boys Cow-boys and Soldiers at the rising out and Hostings all which may wear Mantles And that every body shall endeavour to learn the English Language and conform to the English Fashion c. XV. And that Benefices shall not be given to any that cannot speak English unless after four Proclamations in the next Market-Town to the Benefice on four several Market-Days a Person that can speak English cannot be got and that then an honest able Irishman may be admitted on his Oath that he shall do his utmost endeavour to learn the English Language and observe the English Order and Fashion and teach those under him to do the like and shall keep an English School in his Parish to that purpose c. XVI An Act for the Suppression of Abbies XVII An Act against transporting of Wool and Flocks XVIII An Act about the Proof of Testaments XIX The Act of Faculties prohibiting the Subjects from paying any Pensions Cences Portions Peter-pence or any other Impositions to the use of the Pope and extinguishing and suppressing them for ever and authorizing Commissioners appointed by the King to grant Faculties and Dispensations as the Archbishop of Canterbury may do in England by vertue of the Act of Faculties there which is made of Force in Ireland XX. That Poyning's Act be suspended pro hac vice XXI An Act for Limitation of Actions on Penal Statutes viz. That Actions in the King's Name be commenced within three years after the Offence and Actions Popular within one year XXII An Act for prostrating the Wares on the River Barrow c. XXIII An Act for uniting and annexing the Parsonages and Vicarages of Dungarvan c. to the Crown XXIV That no body presume to leaze Corn whilst there be any Stacks or Reeks of Corn in the Field And that every man that cannot keep his Child at School do at ten years of Age put him to Handicraft or Husbandry XXV That the Leases made or to be made by the King's Commissioners viz. Saintleger Pawlet c. shall be good and valid any defect of Inquisition or Office c. notwithstanding Lastly An Act for the first Fruits of the great Abbies and Monasteries c. which were not vested in the King by the above Act ch 16. But this Statute is become useless by a subsequent Act that gives all the Abbies c. to the King And these are all the Acts of this Parliament to be found in the printed Statute-Book which I do not pretend to have critically or exactly abridged because I think it necessary for every man that will be nicely instructed in any Statute-Law to read the Statute at large and not to trust to an Abridgment but I have endeavoured to give such an Historical Account of these Acts as may illustrate this Collection and give the Reader some Light into the Affairs of those times Nor must it be forgotten that many of these Statutes are made in the later Sessions of this Parliament Anno 1537. And besides these Printed Acts there was another Law made at this Parliament against Fosterings and Marriage with the Irish and it was thereby made Treason to marry with the Child of any Man who had not swore allegiance and entred into Recognizance to observe it but this severe Law was repeal'd 11 Jac. 1. cap. 5. But whilst the Nobility and Gentry were at the Parliament O Connor made use of the opportunity as he used to do and invaded the Pale his Fury lighted most on the Barony of Carbry in the County of Kildare which he preyed and burnt and to revenge it the Lord Trimletstown and the vice-Vice-Treasurer Brabazon with such men as they could on the sudden get together made an Incursion into Offaly and in like manner wasted and destroyed that Country which obliged O Connor to return home as fast as he could Sir William Brereton was likewise sent to the Confines of Vlster to parly with O Neal who complained That the League made between the Lord Deputy Skeffington and him was not duly observed on the English side so after some Expostulations upon that Point the same Agreement was renewed and confirmed And about the same time the King to reward the City of Waterford for its Loyalty and firm adhesion to the Crown sent to that City a gilt Sword and a Cap of Maintainance But John Earl of Desmond being dead the new Earl James who was a very active or rather a turbulent man began new Disturbances in Munster but he was timely opposed by the Lord Butler who wasted his Lands in the County of Limerick and repair'd and Garrison'd the Castle of Loghguir and it seems that the Lord Deputy came to Kilkenny the twenty fourth of July and having adjourned the Parliament Lib. D. as aforesaid he came to Loghguir the last of July and the next day he went to Carrigonel and took it the second of August and they say for some private Advantage redelivered it to the former Owner on the sixth of August they marched to Bryans-bridge and took the Castles and broke the Bridge but by the improvidence of
grand Captain four shillings a petit Captain two shillings and an hundred Harquebusses I suppose on Horseback half at eight pence and the other half at nine pence a day makes three pound sixteen shillings and ten pence per diem and an hundred and seven pound eleven shillings and four pence per mensem and per annum 1402 04 02. Mr. Brereton's Retinue a grand Captain four shillings a Captain three shillings a petit Captain two shillings and an hundred and fifty Archers at six pence apiece is four pound four shillings per diem and one hundred and seventeen pound twelve shillings per mensem and per annum 1533 00 00. The Knight Marshal's Retinue a grand Captain four shillings and twenty nine Horsemen at nine pence a day is one Pound eight shilling per diem eleven Pound eighteen shillings per mensem and per annum 0511 00 00. Clerk of the Cheques Retinue ten Horsemen at nine pence and himself a shilling is eight shillings six pence per diem eleven Pounds eighteen shillings per mensem and per annum 0155 02 06 The Treasurers Retinue forty Horse at nine pence and himself at six shillings and eight pence per diem is per annum 0669 03 04 The Lord Deputy's Stipend is per annum 0666 13 04 Master of the Ordnance's Stipend per annum 0048 13 04 Charge of the Ordnance besides what comes out of England is per annum 0040 00 00 7982 06 08 It seems the reason why they had so little Foot was because the Lords and Gentlemen of the Country were bound by their Tenures to assist the King with a certain number of Men at every Hosting or rising out as they call it and as for the Artillery it was so contemptible that I find by one of the Letters from the Council at the Camp that the Army had but one broken Piece and therefore they desire another may be sent them But before we proceed farther in the Affairs of Ireland it will be fit to pay that respect to the Memory of the late Lord Deputy the Lord Grey as to give some Account of his Misfortunes and Destiny He had certainly performed considerable Atchievments in Ireland and great Commendations of him are contained in most of the Letters from the Council to the King and his Majesty did so well approve of his good Services that he Created him Viscount Grany and although the Earl of Ormond the Lord Chancellor Allen the vice-Vice-Treasurer Brabazon and Sir John Travers went with him or immediately followed him into England to impeach him yet he was kindly received by the King and and carried the Sword before him on Whitsunday Nevertheless he was in a short time after imprisoned in the Tower and accused of very many Articles the principal of which are these First That O Connor feasted him and mended Toghercroghan for him and that in favour of O Molloy a Rebel he took a Castle from Dermond O Molloy whose Father-in-Law O Carol was a good Subject for which the Lord Grey had a Bribe and Stephen ap Harry had twenty Cows Secondly That he took the Castle of Bi r from a Loyal O Carol and gave it to a Rebel O Carol who married the Earl of Kildare's Daughter and also took Moderhern a Castle belonging to the Earl of Ormond and gave it to the Rebel O Carol and wasted the Earl of Ormond's Lands for which he had an hundred and forty Kine and Stephen ap Harry had forty and Girald Mac Gerrot had a black Hackny Thirdly That he took forty Kine from O Kenedy a Tenant of the Earl of Ormond's and his Son for Hostage Fourthly That he held secret and private familiar Correspondence with James of Desmond and went to visit him in his Tents in his Night-Gown and forced the Abbot of Owny to give him forty Pounds sterling to preserve that Abby from Ruine and O Brian to give him thirty Kine and Hostages Vlick Bourk a Bastard gave him 100 Marks to have Ballimacleere-Castle and to be made Mac William and that he carried the Artillery in a small Vessel to Galway and made the Town of Galway pay thirty four Pounds for that Carriage Fifthly That the Exploits at Bryans Bridge c. were in favour of O Bryan a Rebel Desmond's Son-in-Law and to the prejudice of Donough O Bryan a good Subject and that he took a Bribe of eighty Kine from Macnemarra Sixthly That trusting Desmond and O Bryan he hazarded the King's Army in a long and dangerous Journy wherein Desmond quarrelled and deserted him and O Bryan sent but one man with a Battle-Ax to guide him Seventhly That he rifled the Abby of Ballyclare and left neither Chalice Cross nor Bell in it Eighthly That he destroyed the Castles of Lecagh and Derriviclaghny in favour of Vlick Burk though the rightful Proprietor offered Submission and Rent to the King Ninthly That he had secret Conference with and received a Horse from O Connor Roe who was the chief Instrument in conveying away the young Fitz-Girald Tenthly That he took eighty Kine from O Maddin and forced O Mlaghlin's Son from Mr. Dillon whose lawful Prisoner he was for which he had seventy Kine And there was a Commission sent to Ireland to examine Witnesses and they say that these Articles were proved by the testimony of above seventy Persons whereof some were of Quality that is some of them swore to one Article and some to another so that the Lord Grey who was Son to the Marquess of Dorset and Viscount Grany in Ireland but no Peer in England being tried by a common Jury thought it his best way to confess the Indictment in hopes of the King's Grace and Pardon but in that he was mistaken and although his Services did infinitely over-balance his Faults yet he was publickly Executed on the twenty eighth day of July 1541. There are four other Articles mentioned by others Holingsh 102. to be laid to his Charge Ware 162. 1. His Partiality to his Nephew Fitz-Girald afterwards Earl of Kildare whom they say he might have taken 2. That his Servants pillaged the Gentlemen in Munster that entertained them 3. That he had inveigled Thomas Fitz Girald to submit by Promises which he had no Commission to perform and that he did it to destroy that Lord that his own Nephew might come to be Earl of Kildare as afterwards he did 4. His Sacrilege at Down But however that be it was not long after his Execution before a Commission was directed to Archbishop Brown and Cowly Master of the Rolls to make an Estimate or Survey of the Lord Grey's Estate in Ireland and to deliver it to the Lord Deputy Saintleger to be disposed of as the King shall direct Sir William Brereton 1540. Marshal of Ireland was sent by the Lord Deputy into Munster to take the Submission of James Fitz-John Earl of Desmond and to bring him to Dublin but the Marshal died at Kilkenny nevertheless the Earl on the
Election and had a Freehold of forty Shillings per annum the Town of Drogheda excepted was repealed and in lieu of it this Parliament enacts I. That Electors in Counties must have Freehold worth forty Shilling per annum ultra reprizas on pain of one hundred Shillings and that the elected in Counties Cities or Towns must be resident and the Sheriff shall forfeit one hundred Pound if he makes a Return contrary to this Act and the Party one hundred Pound more II. That on the Death Absence or Resignation of the chief Governour the Chancellor shall issue Writs to all the Privy-Counsellors in the Counties of Dublin Meath Louth Kildare Kilkenny Typerary Wexford Waterford Cork Kerry and Limerick and they being assembled shall chuse a Lay-man of English Birth to be chief Governour during the King's Pleasure and if no such Man fit for the Place can be got then the Council shall chuse two Lay Persons of English Blood and sirname to be Lords Justices to whom the Lord Chancellor shall administer the Oath and give Patents Note this Statute recites That the former Act already mentioned 10 Hen. 7. That in these Cases the Lord Treasurer should be chief Governour was repealed 13 Hen. 7. although the Roll be lost but whether it be so or not is not worth the Enquiry III. An Act touching mispleading and Jeofailes IV. That although all Estates are forfeitable for Treason yet because several of the Nobility lately created and others whom the King designs to enoble are very ignorant in the Knowledg of the Duty of a Subject they are the Words of the Act to the end they may not pretend Ignorance it is enacted That if any Person confederate with the King's Rebels against his Majesty or attempt any wilful War or Invasion against his Subjects or do transgress their Allegiance in any treasonable manner or do break their voluntary Pacts or Covenants made at the time of the King's Grant that then being convict thereof they shall forfeit all the Benefit and Effect of the King's Patents and for the time to come there shall be a conditional Clause inserted into every Patent to that effect V. An Act for the suppression of Kilmainham and other Religious Houses And in a 3d Session of this Parliament held at Dublin on Monday next after the Feast of All saints anno Dom. 1542 and 34 Hen. 8. it was enacted First That Meath be divided into two Shires viz. Meath and West Meath Secondly That Persons bound by Recognisance to appear in any Court shall be excused if they are in the King's Service and if their Recognisance be estreated they shall be discharged by Writ giving a new Bond for their Appearance at another Day And at another Session of this Parliament at Dublin the seventeenth Day of April 1543 it was enacted That the Castle and Mannor of Dungarvan should be united to the Crown And although all these Acts were Seasonable and very Good for that time yet there was not any one of them was of more Advantage to the Crown or that pleased the King better than that of making him King of Ireland for though it is manifest as the Act mentions that the Kings of England did always enjoy Regal Authority and Jurisdiction in Ireland under the Stile and Name of Lords yet the Irish did not pay that Reverence to the Name of Lord as they did to the Name of King or at least those that were traiterously disposed did make use of the distinction between Lord King Ware 161. to deceive and inveigle the Common People as hath been already related And therefore it being believed That this Statute would suppress and silence all those trifling Objections and Pretences there was exceeding Joy at the Publication of it in Dublin which was performed with great Solemnity at S. Patrick's Church in the presence of the Lord Deputy the Earls of Ormond and Desmond and others of the Nobility in their Parliament Robes and several of the Bishops and Clergy and the same Day a General Pardon was given to all Criminals and after much Feasting and Drinking and other Expressions of Joy the Ceremony was concluded with Bonfires And because some of these Laws were not practicable in Munster which was not so much inured to Civility as the Pale and those Countries near Dublin and where the use of the Laws of England except in some Cities and Towns where it was also much corrupted had been discontinued for almost two hundred Years The Lord Deputy and Counsel in magno Parliamento did publish certain temporary Constitutions Pro reformatione inhabitantium hujus Regni in partibus Momoniae qui nondum sic sapiunt Leges Jura ut secundum ea jam immediate vivere aut Regi possunt and they were notified to the Subject by way of Proclamation the twelfth of July 1542 and were as followeth 1. That King Henry be received and called King of Ireland 2. That Bishops may exercise their Jurisdiction in their Diocess according to the Law of God and the Canons 3. That Laymen nor Boys be not admitted to Ecclesiastical Preferments and that such as be in already shall be immediately deprived 4. That the Demesnes of Bishops and the Gleabs of Rectors and Vicars not exceeding ten Marks per annum be exempt and priviledged from Taxes 5. That all those who have Dignities or Benefices Ecclesiastical shall take Orders and Reside 6. That a General Peace be proclaimed throughout Munster and afterwards he that commits Murder or Robbery shall be fined forty Pound half to the King and half to the Lord of the Fee 7. That Larceny above the value of fourteen Pence shall be punished with the loss of one Ear the first time and tother Ear the second time and the third time with Death 8. No Horseman shall keep more Garsons or Boys than Horses on pain of twenty Shillings 9. That every Father shall answer for his Children Master for his Servants Gentleman for his Followers and Brother for his Brethren under his Tuition and shall give in a List of them 10. That every Kerne that has not a Master that will answer for him be taken as a Vagabond 11. That there be no more Exactions to maintain Horse or Foot or Kernes or to war against one another and that no more Coyne or Livery be taken but by the Deputies Order at a General Hosting 12. That nevertheless the Captain of the County must have the usual Contribution of the Country for the Publick and his own private Defence 13. That Petty Larceny be punished by a Fine of three Pound six Shilling and eight Pence whereof forty Shillings shall be paid to the Captain or Lord of the County and twenty Shillings to the Tanist si non est particeps criminis and six Shillings and eight Pence to the Informer 14. That no Man buy Goods above the Value of five Shillings from any suspected Person at his Peril if they prove to be stolen 15. Depopulatores
Title of Captain General brought over six hundred Horse and four hundred Foot whose Pay came to twelve hundred and twenty six Pound per Month viz seven hundred and seventy Pound for the Horse and four hundred fifty six Pound for the Foot and about Midsummer they landed at Waterford and being joyned by the Lord Deputy they invaded the Countries of Leix and Offaly and proclaimed O More and O Connor Traytors and having dispersed the Forces of the Rebels the Lord Deputy repaired the Fort of Dingen and built the Fort of Campaum alias Prolector now called Maryburgh whereupon O More and O connor were forced to submit and Bellingham was knighted and made Marshal of Ireland The Castle of Athloan was likewise repaired and garrisoned by Special Orders from England and the Vice-Treasurer Brabazon had the Care and management thereof and performed it effectually in spight of the great Opposition he met with from Dominick O Kelly and other Great Men of Connaught And this auspicious Year did also produce the mighty Victory which the English obtained over the Scots at Mussleburgh But as the Reformation proceeded in England 1538. so the Popish Zeal and Superstition increased in Ireland Ware 180. and the Pale it self began to be disturbed with it for Richard Fitz-Eustace and Alexander his Brother Sons of the Viscount Baltinglass were busie forming a Rebellion in the County of Kildare but the Presence of the Lord Deputy without Blows brought them to a Submissiom and stifled this Infant Conspiracy in the Cradle and it was well it did for this rebellious Distemper was very infectious and in a little time would have spread over the whole Kingdom the Lord of Baltinglass himself was a little tainted with it but by the means of Sir Edward Bellingham when Lord Deputy the Viscount was pardoned In the mean time the Lord Deputy Saintleger was sent for to England and carried with him O More and O Connor as Prisoners but upon their Submission they were received into Favour and honoured with a Pension of one hundred Pound per annum out of the Exchequer during their Lives which O More enjoyed not very long for he died within the Year suddainly at London Sir Edward Bellingham who had been sent into England with an Account of the Submission of the County of Kildare was now sent back Lord Deputy he landed at Dalkye on Whitson-Eve and two Days after he received the Sword at Christ-Church according to Custom He was a Zealous Protestant and a brave Soldier and by his means Sir John Allen was again made Lord Chancellor As soon as he was setled Davis 62. he marched into Leix and Offaly against Cahir O Connor and others that were brewing new Treasons there and forced them to submit and brought the Country to that degree of Subjection that he is said to be the first Man since Edward the third's time that enlarged the English Borders beyond the Pale and from Offaly the Lord Deputy marched to Delvin against Mac Coughlan whose Country he totally destroyed The Lord Deputy had express Orders to set up a Mint at Dublin which he did but it continued but a very little time for want of Bullion And this Year on the twenty second Day of April the City of Dublin which at first was governed by a Provost and by King Henry the Third subjected to a Mayor and Bayliffs and by Henry the Fourth was honoured with a Sword obtained their Bayliffs to be changed into Sheriffs and John Rians and Robert Eyons were the first two Sheriffs that were chosen or appointed for that City In the mean time Sir Francis Bryan who had married the Countess Dowager of Ormond and was made Marshal of Ireland and Governour of the Counties of Typerary and Kilkenny could by no means agree with the Lord Deputy their Differences grew at length to that height that Sir Francis impeached the Lord Deputy in England and prevailed to have him sent for to answer the Accusation But whilst that affair was transacting Ware 182. Teige O Carol plyed his own Business diligently and after a stout Defence he took and demolished the strong Castle of Nenagh and drove the English out of that Country In Vlster Manus O Donel quarrelled with his Son Calvagh and at length it came to Blows so that on the seventh Day of February Calvagh was routed and Manus Mac Donough O Cahan and many of his Followers were slain In the Lower Delvin Teige Mac Mlaghlin and Edmond Fahy with their united Forces did all the Mischief they could and almost totally destroyed that part of Mac Coughlans Country Nevertheless the Lord Deputy sent an Irish Brigade under the command of Donough O Conner accompanied with the Sons of Cahir O Connor to aid the King in his War against Scotland On the eighteenth of November Cormock Roe O Connor who was proclaimed Traytor came to Dublin and with Tears in his Eyes begged Pardon of the Lord Deputy and Council in Christ-Church and had it But being of a turbulent Spirit he soon after relapsed into Rebellion and being taken by the Earl of Clanrickard he was sent to Dublin and hanged so true is that Observation of Caesar Williamsons Nec gentem ullam reperies Cui peccare slere magis naturale est It is worthy Observation Holingsh 109. That though the Earl of Desmond for his Quality and vast Estate was made Lord High Treasurer yet he was not of the Privy Council nor indeed qualified to be so for he was Rude and Savage both in Apparel and Behaviour he had neither Learning nor Manners but lived after a barbarous fashion in the Country among the Wild-Irish and perhaps had not so much as a Glass-Window to his Houses and yet he was the best landed Subject in the King's Dominions About Christmas the Deputy sent for him to Dublin but he refusing the Lord Deputy himself with about twenty Horse made that haste to Munster that he took the Earl sitting by the Fire in his own House not at all suspecting that Expedition And it was well for him that he was so surprized for he was not only brought to Dublin and instructed in his Duty to his Prince and in good Manners and Civility towards his Fellow-Subjects but was also by the Lord Deputy's means pardoned and restored to the King's Favour so that he continued a good Subject ever afterwards during his Life and was so grateful to his Benefactor the Lord Deputy that he would pray for him constantly after every Meal And now it happened that the Earl of Tyrone Macguire Fylemy Roe O Neal 1549. and others referr'd all their Differences to the Lord Deputy and Council who on the twentieth day of June made their Decree wisely ordering Independency on O Neal. Therere are Copies of all these Decrees at Lambeth Lib. D. And they are to the same effect as that of Macguire's viz. Quod erit liber Ware 184. exemptus ab omni subjectione
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 Countryâentertainment 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-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
proved disadvantagious to the State and that lenity to the Irish Rebels has produced no other Effects than that it has encouraged them to relapse and others to follow their Example And of this Shane O Neal affords us one Instance for notwithstanding this Submission it was not long before he rebelled again and Rory O Connor and Donough O Connor followed the same Copy for though they submitted at Dingen and put in Hostages for their Loyalty yet they rebelled once more and therefore were on the twenty fifth Day of February proclaimed Traytors and at length were slain and their Country wasted 1557. In like manner William Odare O Carol was made Governour of Ely O Carol under certain Conditions one of which was To send a certain number of Soldiers to every Hosting but this Condescention and Kindness could not oblige him but that the ungrateful Traytor rebelled next Year and was routed and Thady O Carol was put in his Place And so we are come to the Parliament which began the nineteenth day of June and on the second day of July was adjourned to the tenth day of November to Limerick and then was adjourned to the first day of March to Drogheda but the Lord Deputy who by the Death of his Father was Earl of Sussex went to England on the fourth day of December and not returning before the first day of March the Parliament by his Absence became dissolved It seems that besides the Statutes that are in Print this Parliament enacted 1. That the Queen was Legitimate 2. That the Royal Power was vested in her 3. That her Issue should inherit the Crown and Kingdoms of England and Ireland 4. That Heresies should be punished and three Statutes to that effect were revived 5. That all Acts against the Pope made since 20 Hen. 8. be repealed 6. That the Grants made by Archbishop Brown be void and cap. 12. that First-Fruits be released But afterwards by the Act of the second of Elizabeth cap. 1. the Act of Repeal was repealed and the revived Statutes against Heresie were suppressed the Jurisdiction of the Pope was abolished and cap. 3. the First-Fruits and twentieth Part were restored to the Crown There was also an Act to give the Queen a Subsidy of thirteen Shillings and four Pence out of every Plow-land for ten Years And another to make it Treason to introduce or receive armed Scots into Ireland or to marry with a Scot without Licence under the great Seal The printed Acts of this Parliament are I. For the Disposition of Leix and Offaly II. For making the King's County and Queens County Shire-Ground and entituling their Majesties thereunto III. For making other Counties into Shire-Ground IV. To explain Poynings Act that new Bills whilst the Irish Parliament sits may be transmitted into England for Approbation as well as if they had been sent before the Parliament met V. That Labourers or Cottiers shall not buy Horses more than is absolutely necessary VI. That the Owners of stolen Goods using their best Endeavours to prosecute the Felon shall be reprized out of the Felons Goods if they cannot get their own again VII That no Body shall make Aquavitae without Licence under the great Seal except Noblemen Gentlemen and Freemen of Towns that send Members to Parliament And it is to be noted That this Act which was designed to spare Corn and prevent a Dearth was necessary at that time Yet now the Kingdom is better improved and consequently abounds in Corn this Act though not repealed is become obsolete and a quite contrary Act viz. To encourage the Making and Exportation of Aquavitae would tend very much to the Advantage of Ireland In July the Lord Deputy made an Expedition against the O Maddens whose Country called Silanchia now the Barony of Longford in the County of Galway was last Year on the Murder of John O Madden divided between Malachy Modhar and the Murderer Brasil Duff the Deputy sent a Summons to the Castle of Melik but the valiant Warders not only boasted how stoutly they would defend it but also believing that every Summons was an Affront and as it were a Suspicion of their Courage they assured the Herald That it should not be safe for him to come with any more such Messages to them It is hardly credible That after all this Ostentation these Men of War should desert the Castle the very next Night however they certainly did so and the Lord Deputy placed a Garrison in it and returned On the tenth of August the Lord Deputy advanced into Vlster Ware 220. being accompanied by the Lords of Kildare Ormond Baltinglass Delvin Dnnboyne and Dunsany his Design was against the Scots but they sheltered themselves in the Woods and Bogs so that he did them no other Mischief than that he took some Preys however some of them were thereby perswaded to submit and Daniel Mac Conel and Richard Mac Guilliam received the Honour of Knighthood On the twenty second Day of October the Lord Deputy made another Journey into Vlster And on the twenty fourth day he came to Dundalk and on the twenty fifth he took a Prey and came to Armagh the Rebels still flying before him on the twenty seventh he burnt Armagh except the Church and marched to Newry and so on the thirtieth day of the same Month returned to Dublin And being ordered to attend the Queen in England he first obliged O Carol O Molloy Macgehogan O Doyne Mac Coughlan the two O Maddens and Fylemy Duff to gives Hostages of their Good Behaviour And then on the fourth of December he set sail for England leaving Hugh Curvin 1557. Lord Chancellor and Sir Henry Sydny Treasurer at Wars Lords Justices by Patent dated at Westminster the twelfth of November after they were censed and sprinkled with Holy Water and Mass was celebrated they were sworn at Christ-Church on Sunday the fifth of December and received the Sword from Sir John Stanly the Marshal with whom it was left to that Purpose and they continued in their Office until Sir Henry Sydny Ware 222. Lord Justice was sworn on the sixth of February by the Queen's Command and by virtue of a Commission bearing date the eighteenth day of January he attacked Arthur O Molloy Chief of Fercalia who was brewing new Treasons and favoured and cherished those that were in Rebellion But the Lord Deputy did soon over-run his Country and made Theobald O Molloy Governour thereof and took his Son for a Hostage of the Father's Fidelity and then by Cess in the Pale the Deputy furnished the Forts of Maryburgh and Philipsburgh with Victuals and returned to Dublin where he made Proclamation That no Corn should be carried out of the Pale In the mean time Shane O Neal invaded Tyrconnel designing to reduce it to the former Tribute and Dependance it paid to his House Calvagh O Donel being too weak to resist by Force betook himself to his Politicks and made an Essay by Night on the
Dungannon O Connor Sligo O Carol and others When he came to Hampton-Court with two hundred Gentlemen in his Train it hapned that the Queen was looking out at the Window Hooker 118. and seeing such a Multitude she was thereat surprized until she was told it was the Lord Deputy of Ireland and then she replied It was well enough for he had two of the best Offices in the Kingdom And being come in he was well received for the present by the Queen but after a while was told by some of the Courtiers That the Scussle in Ulster was not worthy to be called a War since the principal Rebel Shane O Neal was but a Beggar and an Outlaw However the Earl of Desmond and O Connor were clapt up in the Tower and Sir John of Desmond was sent for and imprisoned in the same place But O Connor Lib. L. by Indenture made his Submission to the Queen Lib. H. and thereupon was enlarged and the next Year viz. the twelfth of July 1568 the Earl of Desmond submitted in most humble manner and laid all his Estate at her Majesties Feet and promised to convey what part she should be pleased to take of it and acknowledges to have forfeited a Recognizance of twenty thousand Pounds which he had formerly made to the Queen as hath been already related But when Sydny went to England he left Doctor Weston Lord Chancellor and Sir William Fitz-Williams Treasurer at Wars Lords Justices by Commission under the Great Seal of Ireland Dated the fourteenth Day of October In their time private Quarrels did swell almost into publick Wars for not only Sir Edmond Butler and Pierce Grace did invade Oliver Fitz Girald's Territories with great Fury but also the O Connors and O Mores who were Proclaimed Traytors did now appear in the Field with a thousand Gallowglasses and threatned to spoil O Carol's Country and to burn Kilkenny and the Defendants being in no good condition to resist did in vain importune the Government for Assistance Moreover Daniel Mac Carty More despising his Title of Earl of Glencar assumed the Title of King of Munster and having confederated with O Sullevan More Mac Swiny and others he invaded the Lord Roche's Country with Banners displayed and destroyed all the Corn together with seven Hundred Sheep and killed many Men Women and Children and carried away fifteen Hundred Cows and an Hundred Garrons Nor was the Contention less between James Fitz Maurice of Desmond and the Lord of Lixnaw And there happened another barbarou accident that was more surprizing than any of the rest for one Maurice Gibbon alias Reagh who was by the Popes Bull appointed to be Archbishop of Cashell had the Confidence to come to James Mac Caghwell who for some time had been Archbishop of that See Ware de presul 172. and to demand Possession which being refused the barbarous Villain stabbed the Archbishop with a Skein but it so happened that the Archbishod recovered and Maurice made his escape into Spain In Vlster Cambden 121. Turlogh Lynogh had assumed the Name of O Neal and in an Encounter with the Scots had killed Alexander Oge but it seems that quarrel was appeased and one Thousand of the Scots took Pay under Turlogh and invaded the Ferny contrary to Articles In Connaught there was a new Broil between Mac William Oughter and O Connor Sligo about a Rent in Eyter Conaught and in Thomond there were great Contests between the Earl and O Shaghaness and in this disorderly and tumultuous Condition stood the Kingdom of Ireland 1568. when in September Sir Henry Sydny Lord Deputy landed at Carigfergus he immediately sent for Turlogh Lynogh who came to him and confessed his Fault and with the greatest Humility begged the Lord Deputies Pardon which with great difficulty he at length obtained but not until the Scots Hostages were first Executed On the twentieth of October the Lord Deputy was Sworn at Dublin and immediately he sent for Sir Edmond Butler who upon several frivolous Pretences refused to come but broke out into Rebellion as shall be related hereafter In the mean time the Proceedings at Council-board will deserve a Paragraph in this History and the rather because a great and memorable Case was at this time agitated there for Sir Peter Carew whose Ancestor had formerly been Marquess of Cork and had great Possessions in several parts of the Kingdom came over well recommended to Ireland Lib. F. Lambeth and resolved to endeavour the recovery of that great Estate which was wrongfully withheld from him and particularly the Barony of Idrone in the County of Caterlogh was detained by the Heirs of those whom one of the Carews had employed as his Steward and had entrusted to mannage that Estate but Sir Peter being advised not to alarum the Irish by beginning with them first he did on the twenty ninth day of October prefer his Petition to the Council-board against Sir Christopher Chivers for the Mannor of Ballymaclethan in the County of Meath and in the Petition he suggested that Chivers was so popular and powerful a Man in his Country that there could be no indifferent Tryal had at Common-Law c. Hereupon Sir Christopher was summoned and when he appeared he pleaded ore tenus to the Jurisdiction of the Council-board in this Matter but Mr. Perriam gave three reasons why they might proceed First Because it was the common Practise to determine Causes at the Council-Table in England and instanced the Case of one Colshul about an Office in the Exchequer Secondly That in cases of Extremity as loss of Evidence want of just Tryal c. A Suit may be commenced before the Lord Chancellor or at the Council-board propter necessitatem ne curia domini Regis desiceret in Justitia exhibenda Thirdly That there are innumerable Presidents of Causes determined at the Council-Table in Ireland upon these reasons the Judges Dillon and Plunket were of Opinion the Board might proceed to determine this Cause and afterwards the two Chief Justices concurred in the same Opinion so that Chivers was forced to put in his Answer in Writing which he did but still it concluded to the Jurisdiction as before and in his Plea he insisted on the Statutes of Magna Carta cap. 11. and cap. 29. 25 Edw. 3. cap. 4. 28 Edw. 3. cap. 3. and 42 Edw. 3. cap. 3. But he likewise set forth his Title by Descent to part of the Lands in question and made some other Title to the rest The Court was angry with the Defendant for repeating his Plea to the Jurisdiction after it had been so solemnly over-ruled however they ordered the Plantiff to reply which he did by abridging his Plaint as to the Lands Descended and by a solid Answer to the rest of the Plea But at length the Parties agreed among themselves and Chivers for a small Consideration had a Release from Sir Peter however Sir Peter afterwards on the like Petition recovered the
Kine 500 Horses besides Sheep Goats Money Cloarsh and Victuals with which he supplied the Garrisons and return'd to Adaro where he left a Garrison and return'd to Cork this misfortune quite spoil'd the Lord of Lixnaw so that he was never more able to hold up his head but most submissively applied himself to the Earl of Ormond who got him a Pardon tho he had formerly suffered very great injuries from him No sooner was this storm of the Lord of Kerryes allayed but the Earl of Desmond appear'd again near Adare and Skirmished smartly with the English so that having lost many men they had much ado to recover the Abby of Adare where they lay in Garrison About this time a contention arose between the Macan Earla's Vlick and John Burk on the Death of their Father but it was refer'd to Commissioners who ordered that Vlick should have Loghreagh and the Earldom of Clanrickard Lib. H. and that John should have Leitrim and that the Commissioners should intercede to have him created Baron of Leitrim and both of them agreed that if either proved a Traytor to the Queen the other should have all One Birne a Rebel being weary of that sort of life offer'd to Captain George Carew to bring his Captain Fitz-Giralds Head to him on condition to have his own Pardon but Fitz-Girald had timely intelligence and prevented the Execution of that Plot by Executing Birne and his Complices nevertheless he was so frightned with this attempt that he offered to do the like by Pheagh Mac Hugh for his own Pardon but Pheagh also had seasonable notice or a strong suspicion of this design and fairly hanged his Friend Fitz-Girald in his stead But this good Deputy by the contrivance of the Rebels was represented at the Court of England as a bloody man that regarded not the lives of the Subjects any more than the lives of Dogs Spencer 73. but had tyrannized with that barbarity that there was little left for the Queen to Reign over but Carcasses and Ashes And this false Story being believed in England a general Pardon was sent over to such of the Rebels as would accept thereof 1582. and the Lord Deputy in the midst of his Victories was recalled so that in August he left Ireland to the care of Adam Loftus Archbishop of Dublin Lord Chancellour Sir Henry Wallop Treasurer at Wars Lords Justices two men very unfit to be yoak'd together Spencer ' s View 76. the difference between them being no less in their minds and affections than it was in their bodies and professions Their Government was auspicated with the Death of Dr. Saunders Sullevan 100. who died miserably of a Flux and Famine in the Woods of Clenlis whereby the Kingdom was rid of a malicious cunning and indefatigable Traytor And the Earl of Desmond was reduced to such streights that he was forced to keep his Christmass in Kilquegg Wood near Kilmallock whereof the Garrison of Kilmallock having Notice they were induced by the importunity of John Walsh to endeavour to surprize him 4 January and in order to it they March'd in the night under the conduct of the Captains Dowdal Bangor and Thornton and came before Day to the River side and by means of some Hurdles which tied together and fastned with Ropes to a Tree on this side the River and made one of their men Swim over with the end of a Rope which he also fastned on the other side they safely passed the River but made so much noise that Desmond and his Wife took the Alarm and got out of their Cabbin into the River where they stood up to the Chin in Water on the Bank-side and thereby were undiscovered and escaped but his Servants were all kill'd and what Goods they had were carried away Soon after this Fitzgirald of Ballimartir commonly call'd Seneschall of Imekilly surpriz'd Youghall and entred one end of the Town but was so warmly receiv'd by Lieutenant Calverleigh and forty Shot he had with him that the Seneschal was forced to Retreat and leave fifty of his Men dead behind him About the end of January the Earl of Ormond Landed at Waterford with 400 Men which were disposed of to the Captains Bourcher Stanley Barkley and Roberts This Earl was also made Governor of Munster and procured two Pence a Day to be added to the Soldiers pay which gain'd him abundance of Love and Respect from the Army Ormond's first Attempt was in Harlow Wood in Pursuit of the Earl of Desmond he divided his Party into four Squadrons and searcht the Wood throughly Slew many Rebels and so dispersed and frightned the rest that they never met in any considerable Body afterwards but most of them one after another submitted and had Pardon and on the 5th of June Desmond wrot a submissive Letter to the Earl of Ormond which is to be found in the Caballa of Letters 223. In August the Garrison of Killmallock had fresh Advice 1583. that Desmond with 60 Gallowglasses was come into Harlow Wood whereupon Captain Dowall so timed the matter that he took 25. of them asleep in their Cabbins and the rest who were boiling Horseflesh he quickly Discomsited and Slew In September some of the Lord Roches Men met the Earl of Desmond in Duhallow accompanied by three Horse-men and a Priest they endeavoured to take him but being well mounted they all escaped except the Priest who discovered what Misery the Earl was in and that he was supported chiefly by one Goron Mac Swiny who was in Protection whereof Ormond having notice sent Captain Dowdall and a Garrison to Dingle whereupon the Earl retired into the Country of Desmond and got the greatest number of his Followers together that he could and particularly the said Goron and his Brother Morrogh Mac Swiny by whose Assistance he hoped to renew the War But it fell out otherwise for Goron Mac Swiny having taken a great Prey in Carbry three Irishmen who owned some of the Cattle followed them at some distance expecting an opportunity at night to Steal back their own Cattle or an Equivalent and to that end they hid themselves within a Musket-shot of Goron's Camp or Lodgment and it so happened that Goron and a Servant both unarmed walkt that way and came near the place where the three Men were hid and as soon as they perceived that Goron and his Servant were unarmed they surprized them and cut off their Heads and being satisfied with this Revenge they ran away to shift for themselves Desmond was beyond measure dismayed at this loss and saw there was no way to recover it unless he could regain such of his Followers as had taken Protection of the English and therefore in order to it or to be revenged of them he sent some of his Servants over the Strand of Traly to take a Prey which they did but a poor Woman of the Moriartas whose small Stock was all taken away by these Tories immediately repair'd
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 fâllowers marcht all night to surprise the Scots But ãâã their great amazement they found the Scots in a readinesâând above 600 strong so that they were able to divide ãâã 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
and stronger Order than they and such means to keep from them the maintenance of their Life and to waste the Countrey which should nourish them your Majesty may promise your self that this Action will in the end be successfull though costly and that your Victory will be certain though many of us your honest Servants must sacrifice our selves in the Quarrel and that this Kingdom will be reduced though it will ask besides Cost a great deal of Care Industry and Time In June Sir Henry Harrington and some of his young Captains with 600 Men left in the Glinnes received a Baffle from the O Brians by their own fault which Essex punished by Decimation and the Execution of an Irish Lieutenant Pierce Walsh on whom the blame of that Disaster was chiefly laid But the Lord Lieutenant understanding the Queen was angry at his fruitless Munster-Expedition attributed the fault to the Council and assured Her Majesty by Letter of his speedy March to Vlster and yet instead of that he went with 2500 men into Leix and Ophaly and totally ruined the O Moors and O Connors and on his return found his Army so impair'd that he and the Council joyn'd in a Letter for a supply of 1000 Men. And being now resolved for Vlster he ordered Clifford Governour of Connaugh to march to Belick to distress Tyrone on that side accordingly he march'd with 100 Horse and 1400 Foot but being encountered by O Rourk and 200 Rebels at a Pass our Men being tired and wanting Powder were routed 140 slain together with Clifford and Sir Alexander Ratcliff and as many wounded nay they had all been lost were it not for the valour of the Horse who secured their Retreat and so the next day they marched back to Athloan Essex received the supply of 1000 Foot he had sent for into England and yet made no other attempts against Tyrone than that with 250 Foot and 300 Horse he came to the borders of Vlster about the lattter end of August and on the 8th of September held a Parley with Tyrone at the Ford of Balla-clinch Camd. Eliz. 570. and concluded on a Truce for six weeks and so from six weeks to six weeks till May provided either Party might break it on fourteen days notice before hand and on the 22d of September he gave a Commission to the Council of Munster or any three of them to govern that Province Quorum Sir Warham Saint Leger or Sir Henry Power to be one Soon after his return to Dublin Camb. Eliz. 572. Essex and the Council received a sharp Letter from the Queen dated the 14th of September taxing his and their ill Conduct and Disobedience to her positive Commands whereat he was so nettled that he immediately went for England where he unexpectedly came to Court on the 28th of September and being reprimanded for that Vagary Lib. C. his Apology was in effect That no harm had followed his rash Deserting Ireland that he left things in the best order and in the hands of the best Men he could and left so good Instructions that they have not been much altered since and that he came over in a time of Truce Adam Loftus Lord Chancellour Sir George Cary Treasurer at Wars Lords Justices were sworn the 24th of September whereupon Tyrone grew haugthy and publickly profess'd that he would recover the Liberty of Religion and his Countrey To him came Fryar Matthew de Oviedo titular Archbishop of Dublin and Don Martin de la Cerda they brought Papal Indulgencies for all that would take Arms against the English and a Phoenix Plume to O Neal and 22000 pieces of Gold from the King of Spain to distribute as they saw cause Hereupon O Neal in the beginning of December gave notice that after fourteen days he would break the Truce and soon after viz. the 20th of January under pretence of a Pilgrimage to the Holy Cross in Typperary he made a Journey into Munster to confer with the Sugan Earl of Desmond and to debauch those people from their Duty he had with him 2500 Foot and 200 Horse de deposed Daniel Mac Carty Moor and placed Florence Mac Carty in his stead he burnt and spoiled all that would not joyn with him especially the Lord Barry and he took Pledges of all those whose zeal he doubted and particularly of the White Knight and the Earl of Desâond and by his Journey wonderfully encreased the number of the Rebels so that there were very few Irish that had not intelligence with him or shewed manifest inclination to him they were also very much encouraged by the death of Sir Thomas Norris Lord President of Munster who dyed at Mallow of a wound he had received in a Conflict with the Burks as also by the death of Sir Warham Saint Leger one of the Commissioners of Munster on the death of Norris who taking the air within a Mile of Cork was assaulted by Macguire and both of them slain so that it was now high time to provide a Govenour for the Kingdom and a particular President for that Province and the Queen shewed abundance of judgment in her choice of both Sir George Carew afterwards Earl of Totness was appointed Lord President of Munster and Charles Lord Montjoy Lord Deputy they landed at the Hill of Hoath the 24th of February 1599. The Lord President stayed at Dublin some time to get his Commission and Instructions and to learn the State of the Kingdom and on the seaventh of April 1600. with 700 Foot and 100 Horse being accompanied with his Excellency to Chappel Izzod he went to his Province Lib. C. and on the seventh of March 1599. the Lord Deputy and Council issued a Proclamation to give notice that the Queen had appointed Commissioners to sit three months to enquire what Money was due to the Subject by Bill Ticket or otherwise since the first day of Sir William Russel's Government for Bieves Diet of Soldiers Money delivered or other Services in order to their Satisfaction On the 10th of April the President being at Kilkenny 1600. was desired by the Earl of Ormond to go with him eight Miles to parley with Owen Mac Rory O Moor which he did and the Issue was Pacata Hibernia 24. that by the Treachery of the Rebels Ormond was taken Prisoner and the President and the Earl of Twomond hardly escaped by the swiftness of their Horses whereupon Pierce Lacy who was lately come into Protection relapsed again On the the 16th of April the Lord President came to Waterford where some Fitz-giralds of the Decyes and some of Powers submitted to him and were pardoned The Lord Lieutenant on the 10th of March went to Mulingar to intercept Tyrone in his return from Munster but he having notice of that design left 1000 Men with Desmond and 800 with the Butlers and with a small Company and by exceeding long Marches escap'd into Vlster but he lost his Reputation and many of his Men in this hasty
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 Oââery 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 lâast 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 professâonis 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. â79 and he fairly gives the Reason of it for a Heretick will never be fond of Popery says he Summe timendum est quemâunque 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 Sparâim 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
slew more than they lost should yet tamely resign upon the first approach of the Army and surrender their City to the Mercy of an incensed General without making Conditions for their own Indemnity However thus they did and relied only upon a very slight Stratagem to preserve themselves which was that at the Lord Deputy's Entry into the City they placed Plow-shares on each side of the Street intimating thereby that the Oppression of the Soldiers had occasioned so many Plows to lie idle and them to mutiny But the Lord Deputy took little notice of that silly Contrivance however he was resolv'd in his Mind to extend Mercy to the Generality and to make Examples of some few only of the Ringleaders of this Rebellion Oâ this Number was the Recorder William Miagh who was the Chief Incendiary and Christopher Morough the Lieutenant that seised on the Stores and one Owen a Schoolmaster that had publish'd and preach'd up the Title of the Infanta and William Buler a bigotted Broguemaker that had been exceeding malicious and active in this Sedition These last Three having no Freehold were probably tried by Martial Law condemned and executed But the Recorder had better Luck for he was some time afterwards tried by a Jury of the County of Cork consisting altogether of Irish Papists who against full and undeniable Evidence and his own Confession acquitted him Whereupon the Foreman was fined Two hundred Pounds and the rest One hundred Pounds apiece and Master Miagh being set at Liberty became a Pensioner to the King of Spain and died at Naples But the Lord Deputy having put good Garisons into Cork and Waterford and forced the Inhabitants of each Place to take the Oath of Allegiance and to abjure Foreign Dependencies marched to Limerick and did the like there And on the Twentieth of May the Deputy came to Cashell and there he understood that a certain Priest had bound a Protestant Goldsmith of that City to a Tree threatning to burn him and his Heretical Books and that he did really burn some of the Books and kept the Man in that miserable condition for Six hours together expecting every Minute when Fire should be set to the âaggots But it is probable the Priest made his Escape because I find nothing of his Punishment From Cashell the Lord Deputy by easie Journies return'd to Dublin and sent his Secretary Mr. Cook to give the King an Account of his Proceedings and gave him a Charge to solicit His Majesty that the Lord Deputy might keep his Place with Two thirds of the Allowance and that he might have leave to wait on the King in England leaving the Government and the other Third of the Allowance with Sir George Cary during his Absence And the better to quiet the People and to oblige them to Loyalty if possible and to induce them to an industrious and regular way of living Temple 11. the Lord Deputy issued a Proclamation of General Indemnity and Oblivion and restored every body not attainted to their former Possessions and prohibited Private Actions for Trespasses committed in the War-time and then being made Lord Lieutenant of Ireland and a Privy Counsellor in England he sailed thither with the King's leave and carried with him the Earl of Tyrone and Rory O Donell Competitor with Neal Gâruff who were not only well received at Court but also highly honoured and respected and Rory O Donel was created Earl of Tyrconel and had a considerable Estate in that Territory granted to him And about the same time the King granted to Sir Randal Mac Donald the Territory of the Rout in the County of Antrim Lib. M. saving Three parts of the Fishing of the River Ban and by these Concessions and Favours which the Irish commonly interpret to be granted to them more for Fear than for Love the Earl of Tyrone Lib. C. and all the principal Irishmen except the Earl of Thomond were encourag'd to petition the King for Toleration of the Popish Religion But the King thought it enough that the Penal Laws against that Religion were not put in execution but rather were in effect suspended by a Connivance that differed little from a Toleration and finding he had to do with a People that never missed any thing for want of asking but were apt to take the Ell if he gave the Inch he became the more reserved in his Concessions to the Irish from thenceforward And altho the King and his Ministers did all he could to bring Ireland into a Method of Government and to reduce the Publick Charge that it might hold some proportion with the Revenue yet because it was not reasonable to disband the Army till the Kingdom was better setled they could not bring the Charge for the Year 1603. lower than 163315 l. 18 s. 3 ¼ d. And that the World may see that the Irish Rebels have justly forfeited those Estates that have been at any time seised by the Crown of England and that it cost England infinitely more Money to reduce them than their Lands were worth to be purchas'd and that the Protestants of Ireland may be sensible of their Obligations to England for its liberal Contributions for their Preservation I must add That the Charge of the War for Four years and a half from the First of October 1598. to the First of April 1603. amounted to Eleven hundred ninety eight thousand seven hundred and seventeen Pounds nineteen Shillings and a Penny Sir GEORGE CARY Treasurer at Wars was sworn Lord Deputy on the First day of June and had but one third of the Deputies allowance 1603. the other two thirds being appointed for the Lord Lieutenant Mountjoy in liew of which this Deputy kept his place of Treasurer at Wars he appointed the first Sheriffs that ever were in Tyrone or Tyrconnel and this very Year he sent Sir Edward Pelhan and Sir John Davis Judges of Assize to those Counties Davis 264. and they were welcome to the Commons but distasteful to the Irish Lords But it seems Neal Garuff was highly dissatisfied with the Conduct of the English in preferring Rory O Donell before him to the Earldom of Tyrconnel Sullivan 201. and therefore Mr. Sullivan introduces that barbarous Hero into the Parliament House and says he spoke boldly and roundly to the Senate and tells us That tho he was offered to be confirmed in his former Possessions and dignâfied with the Title of Baron yet he disdained those mean Proposals and Couragiously upbraided the English Nation with Dishonesty and Perfidiousness and says it was he and not they that subdued the Catholicks and curses himself for giving Assistance to the English or trusting to their Promises and he says further That the King of England to obtain Peace from the Spaniard did dissemble his Religion and pretend to be a Papist But this Catholick Author is of no Credit and it is enough to discover the Forgery of this ostentatious Story that there was not really any
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 ãâã were Pâpists 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-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 ãâã and to the Satisfaction of all good Men and concluded in ãâã of Davis and gave his Vote for him Hereupon the House was in a confusion Some crying Davis others ãâã 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 ãâã out of the House and the Negative staid behind and so he ãâ¦ã were for Sir John Davis to follow him out ãâ¦ã to the number of One hundred twenty five The Treasurer and Marshal ãâ¦ã Sir Christopher ãâã and Sir Christopher Nugent to joyn with them in numbering each Party on the contrary those in the House gathered themselves into a ãâã that so they could ãâ¦ã however the whole number of the House ãâ¦ã 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 ãâã they unanimously chose ãâã and ãâ¦ã The Protestants being return'd ãâ¦ã contemptuous Proceeding and declar'd the Election of Davis and desir'd ãâã to leave the Chair but ãâ¦ã 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 ãâã 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
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 600000â 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 ãâã 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
Displeasure resolv'd to send them into Ireland and therefore a Commission under the Great Seal of England was directed to Sir Dudly Digs Rushworth 55. Sir Thomas Crew Sir Nathaniel Rich and Sir James Perrot and others to inquire of sundry Matters concerning his Majesties Service in Ireland as well in Point of Government Ecclesiastical and Civil as of Revenue and to inspect the State of the Kingdom and propagate Religion settle the Government and improve the Exchequer The Pretence of this Commission was the many Complaints of the Irish against the Lord Deputy not that there was any just occasion for those Accusations but that it is always their Custom to complain of any Governour That is a good Protestant and a good Englishman as this Lord Deputy was in perfection and is therefore to the last Degree hated and scandaliz'd by the Irish Papists and it is no wonder it should be so for their Interests are Diametrically opposite to that of an English Protestant and therefore it does necessarily follow that whoever Is faithful to the English will be odious to the Irish and subject to their Clamours and Contempts However the Lord Deputy was not wanting to his own Vindication and therefore wrote to the King that he met a Cloud of malicious Enemies instead of good Subjects and that even some of the Privy Council were Spies upon him and took occasions to lessen him tho' they had no other Provocation for doing so but his Examination of a certain Patent according to his Majesties special Order and his righting the Church against their Depredations And tho' the King in Answer August 1621. assur'd him That his Reputation stood without blemish and that his Majesty had sent him some Propositions which he was ordered to observe yet the Deputies Enemies not only prevail'd to have the aforesaid Commission of inspection issued but having gain'd that Point they urged that the Commission could not have any considerable Effect whilst the Lord Deputy continued in the Government and therefore procured that a Successor should be nam'd and that being also accomplish'd in the Choice of the Lord Viscount Falkland The Lords of the Council on 25th of January did advise the King by Letter to re-call the Lord Deputy immediately and to appoint Justices till the new Deputy could go over but the King from Nâwmarket on the 28th of January Answers That it were dishonourable to serve one in that eminent Station so unkindly without a Crime and that the new Deputy will be there before the Commissioners can be ready to enter on Business and with his own Hand adds this Postscript It was never wont to be my Fashion to disgrace any Ancient Minister of mine before he were heard To this the Lords of the Council on the Tenth of February reply That they design no Disgrace to the Lord Deputy nor do propose but what is usual and what was done on the removal of the Lord Chichester The King answer'd again That it was so done in the Case of the Lord Chichester because he had not resolv'd who should be the Successor However the Lords of the Council prevail'd and tho' the Lord Deputy did on the Ninth of February 1621. write to the Duke of Buckingham That he is content Publick Proclamation should be made That if he had done any wrong he might suffer for it so confident he was of his Innocency yet he suspected the Design of the intended Commission was to scandalize him and to that end the Commissioners were partial and therefore desires that iâ the Bent of that Commission be against him then indifferent Men should be employ'd and if only Publick Good were design'd by it that then he might be one of the Commissioners yet he could not prevail in any of his Requests but was in May following remov'd tho' he was afterwards found not only Innocent but so deserving that he was soon after his Return created Viscount Grandison of Limbrick in Ireland Baron Trogose of Highworth in England Lord High Treasurer of Ireland and Privy-Counsellor of both Kingdoms ADAM LOFTUS Viscount ELY 1622. Lord Chancellor RICHARD WINGFIELD Viscount POWERSCOURT were sworn Lords Justices on the Fourth day of May and soon after received a Letter of the 29th of May from his Majesty ordering them to allow the new Lord Deputy Falkland his full Entertainment and all Perquisits c. from the day the Lord Grandison surrendred the Sword abating thereout for themselves at the Rate of 2000 l. per Annum for the time till he receives the Sword and that the House and Grounds of Kilmainham and the Port Corn be likewise reserved for the New Lord Deputy And it seems that these Lords Justices had seised the Lord Grandison's Papers after his removal for on the Eighteenth of June the King sent them a Letter to restore the Papers to that Lord's Servants and another Letter of the Twenty fourth of October was sent to the new Deputy to pay the Lord Grandison 230 l. for the Charges of his Voyage to England And on the 24th of July the King reciting That by a former Patent of the Second of November 1620. he had granted unto Sir William Irwing Two third parts of the forfeited Recognizances of Alehouse-keepers which his Majesty did intend to resume he therefore orders the Lords Justices to accept of Sir William's Surrender and in lieu thereof and for his Services to grant him the Fifth part of all the Profit of Ale-Licences for Twenty one Years commencing from the making of the Act of State for paying Three shillings six pence for every Licence But these Commissioners that went to Ireland were very busie in inquiring into the Misgovernment that was so loudly and bitterly complain'd of but they found by experience Rushw 17â that too many of the Irish will complain without Cause However they publish'd new Instructions in print for the more orderly Government of the Courts of Justice and did declare That for the future the Council-Table should not administer an Oath in Matters of Interest or Title or in Complaints between Party and Party but should keep it self within its proper Bounds and afterwards November 7. 1625. a Proclamation was published to the same Effect These Commissioners did also make an Estimate of the Revenue and thought that it might be improved to 17067 l. 6 s. 8 d. more than it was in Harps i.e. Nine-pence pieces stamped with a Harp on one side which passed for a Shilling in Ireland so that Twenty shillings Irish was but Fifteen shillings Sterling but how much they were mistaken in their Computation will appear by a Table of their Estimate and an Account how the Revenue stood Anno 1632. 1622. 1632. First They supposed that the Officers of the Presidency might be paid out of the Profits of their respective Courts and so there would be saved per Annum 2657 l. 6 s. 8 d. But the Profits of those Courts do not amount to near that Sum and whatever they
for Sir William Saintleger to be Lord President of Munster And on the Fifteenth of March he ordered the vice-Vice-Treasurer to pay what the Lord Deputy and Eight Privy-Counsellors should think fit for the Charges of the Lord Deputy's Progress On the Ninth of May 1627. upon Complaint of the Lord Courcy That Sir Dominick Sarsfeild had obtained the Title of Viscount Kinsale it was referred to the Lord president of the Council the Steward of the Houshold Earl of Totness Viscount Grandison and Chancellor of the Dutchy who report That the Lord Courcy and his Ancestors were Lords Courcy and Barons of Kinsale and Ringrone And thereupon the Defendant endeavor'd to carry the Barony to another Line and also alledged an Attainder but made out neither and then he propos'd That both Titles were consistent one to be Baron and the other to be Viscount of Kinsale But that being not thought convenient his Majesty orders That Sir Dominick quit the Title of Kinsale but retain the Name and Precedency of Viscount Sarsfeild and chuse some other Place to denominate his Honour and afterwards he did so and was created Viscount Killmallock And on the 24th of July the King orders That Nathaniel Catlin his second Serjeant at Law should have Precedence of the Attorney-General and Sollicitor-General and in February following his Majesty likewise gave Orders to make a new Examinator for the Court of Chancery there being but one Examinator in that Court before that time But in order to make the Papists the more willing to bear the great Charge of the Army and to consent to a constant Tax for its Support certain Propositions were set on foot in their favour viz. to suspend all Proceedings against them for Marriages and Christnings by Priests and to give them liberty of Suing out Liveries and Ouster le mains without taking the Oath of Supremacy with design to introduce a more Publick Toleration of Religion for which a good Sum of Money should be paid to his Majesty to maintain the Army to which end a Great Assembly of the Nation was Convok'd by the Lord Deputy But the Protestant Archbishops and Bishops abhorring this gross and scandalous Proposal did on the 26th day of November 1626. at the Lord Primate's House unanimously vote and subscribe the following Protestation viz. The Judgment of divers of the Archbishops and Bishops of Ireland Life of Archb. concerning Toleration of Religion Vsher 28. THe Religion of the Papists is Superstitious and Idolatrous their Faith and Doctrine Erroneous and Heretical their Church in respect of both Apostatical To give them therefore a Toleration or to consent that they may freely exercise their Religion and profess their Faith and Doctrine is a grievous Sin and that in two Respects For First It is to make our selves accessory not only to their Superstitions Idolatries and Heresies and in a word to all the Abominations of Popery but also which is a Consequent of the former to the Perdition of the seduced People which perish in the Deluge of the Catholick Apostacy Secondly To grant them a Toleration in respect of any Money to be given or Contribution to be made by them is to set Religion to sale and with it the Souls of the People whom Christ our Saviour hath redeemed with his most precious Blood And as it is a great Sin so it is also a Matter of most dangerous consequence the Consideration whereof we commit to the Wise and Judicious beseeching the God of Truth to make them who are in Authority zealous of God's Glory and of the Advancement of True Religion zealous resolute and couragious against all Popery Superstition and Idolatry Amen Ja. Armachanus Mal. Casellen Anth. Medensis Tho. Ferns Leghlin Ro. Dunensis Georg. Derensis Richard Cork c. Andr. Alachadens Tho. Kilmore Ardagh Theo. Dromore Mic. Waterford Lismore Fra. Limerick This zealous Protestation of the Bishops against Popery which Downham Bishop of Derry read to the State in the midst of his Sermon at Christchurch on the 23th day of April 1627. drew on a Remonstrance from the House of Commons in England to his Majesty to this effect That the Popish Religion was publickly profest in every Part of Ireland and that Monasteries and Nunneries were thsre newly erected and replenished with Votaries of both Sexes which would be of evil Consequence unless seasonably repress'd These two extraordinary Actions put a stop to any farther Endeavors for the publick Exercise of Popery at that time Nevertheless because the Irish Agents in England did consent to the payment of 120000 l. in three Year it was thought reasonable that the King should signifie his Gracious Acceptance thereof by conferring some extraordinary Favours on the Agents and Contributors And therefore the King did on the 24th day of May not only grant them the following Graces which were transmitted to Ireland by way of Instructions to the Lord Deputy and Council but also sent with it a Letter recommending the Lord of Killeen and the Lord Poer and the rest of the Irish Agents to the Lord Deputy's Favour desiring that he would order such Moneys to be paid them by the Country as they were promis'd for their Agency and that he should issue necessary Warrants and Directions for levying the same Instructions to be observed by Our Right Trusty and Well-beloved Cousin and Counsellor Henry Lord Viscount Falkland Our Deputy-General of Our-Realm of Ireland and by Our Council there and by the Deputy or other Chief Governor or Governors and Council there which hereafter for the time shall be and by all other Our Officers and Ministers whom it may severally or respectively concern I. AT the humble Requests presented unto Us on the behalf of Our Subjects of Ireland upon mature Consideration had thereof and by the Advice of Our Privy-Council We are graciously pleased in the first place to order and direct for the better Preservation and Ease of our said Subjects that Our Soldiers there be called in and limited to the most Serviceable Garrisons and that they be not called from thence upon any Pretence but against the Enemy or Rebel that makes Head II. For the Collection of Our Rents in case of Default That first a Summons Process shall issue Secondly That a Purâuivant be sent and Lastly If this be not sufficient in case the Sum be of value that then Our Vice-Treasurer by Warrant from Our Deputy and Council shall appoint a competent Number of Soldiers of the next adjoyning Garison to collect Our said Rents at the Charge of the Parties complained of having care that any Man be not burdened with a greater number of Soldiers than the Service shall necessarily require III. And when Necessity requires the Marching of Our said Soldiers against the Enemy or Rebel That the Officers imploy'd shall give Ready Money or Ticket to be defalked out of their Entertainment and duly paid into the Country upon demand without taking Money Pawns or Distresses but such Meat and
of his Lands granted to any other the Barons of the Exchequer are to discharge the same upon sight of a Certificate That the Outlawry is reverst without any further Plea paying only Five shillings Sterling for entring the Certificate and Discharge LI. No Person is to be compelled to plead to any new Charge upon the Lands in his possession unless any Inquisition or other Matter of Record besides the New Patent appear to charge the Land therewith and the New Charge to be past insuper upon the New Patentee and Process to issue against him and his Lands and not against the other But the Protestants who bore above a third part of the Publick Charge were not a little troubled that they should buy Graces and Immunition for the Irish And on the other side the Papists did not at all âââder the Protestants part of the Contribution but valued themselves as if they had paid all and ascribed the whole Merlt of that Largess to themselves and upon that and the aforesaid Condescensions made them by the King they grew so insolent and troublesom that the Lord Deputy was necessitated to mortifie them by a Proclamation against the Popish Regular Clergy which issued the First day of April Bishop Vsher's Letters 407. 1629. and imported That the late Intermission of Legal Proceedings against Popish pretended Titulaâ Archbishops Bishops Abbats Deans Vicars-General Jesuits Friars and others of that sort that derive their pretended Authority and Orders from the See of Rome in contempt of His Majesty's Royal Power and Authority had bred such an extraordinary Insolence and Presumption in them as he was necessitated to charge and command them in His Majesty's Name to forbear the Exercise of their Popish Rites and Ceremonies Hereupon they grew uneasie and complain'd that the Tax was too heavy and at length they gain'd their Point and in stead of 10000 l. Quarterly the Government condescended to take 5000 l. per Quarter from the First of October 1629. until the rest of the aforesaid 120000 l. should be paid But the Proclamation against the Popish Regular Clergy was baffled and ridiculed every where It was read in Drogheda by a drunken Soldier in such a ridiculous manner that it seemed like a May-game and was rather Sport than Terror to the Auditors It was so despised and contemned by the Popish Clergy that they nevertheless exercised full Jurisdiction Bishop Vsher's Letters 423. even to Excommunication and they not only proceeded in Building Abbies and Monasteries but had the confidence to erect an University at Dublin in the Face of the Government which it seems thought it self limited in this Matter by Instructions from England Nor was the Beauty of the Protestant Church sullied by its avowed Enemies only Bishop Bedel's Life 44. it was more defaced by its pretended Friends and Members Things Sacred were exposed to âale in a most sordid and scandalous manner Parsonages and Episcopal Sees were impoverished and their Revenues were alienated and incumbred to that degree that both the Bishopricks of Kilmore and Ardagh were not sufficient to support a Bishop that would not use indirect Means to get Money and the Churches were generally out of Repair Nevertheless Complaints were made by the Irish against the Lord-Deputy for Mal-Administration of the Government and though the Earl of Strafford his Successor Rushw 160. has assured us that this Lord-Deputy proceeded as honourably justly and nobly as any Man could do and though the Council did on the 28th of April 1629. write a kind and true Letter in the Vindication of his Innocence yet he was soon after removed and ADAM LOFTUS Viscount ELY Lord Chancellor And RICHARD Earl of CORKE 1629. Lord High Treasurer were Sworn Lords Justices on the 26th day of October and were allowed by the King One hundred pounds apiece every Kalendar Month They immediately directed that the Papists should be prosecuted for not coming to Church and accordingly the Statute of 2 Eliz. was given in charge at the Assizes but by Directions from England that Prosecution was superseded Nevertheless these Lords Justices 1630. being exceeding zealous against Popery caused St. Patrick's Purgatory in a small Island called Ilan de Purgadory in Logh Dirge in the County of Donegall to be digged up and thereby discovered that notorious Cheat to the World to the great loss and disgrace of the Popish Clergy who made vast Advantages of that ridiculous Sham. But there are a restless sort of Men in the World who are not to be daunted or put out of Countenance by any mischance whatsoever and therefore notwithstanding the aforesaid disaster and although the Popish Clergy were so debauched and ignorant that the bitterest Sarcasm that ever was put upon the Protestants was by an Irish-man Bishop Bedel's Life 76. who said That the King's Priests were as bad as the Pope's Priests yet did this unquiet Generation begin to rant it again in Ireland to that degree that a Priest being seized in Dublin was rescued by the People so that by their Insolencies they put a Necessity upon the Lords Justices to humble them Whitlock's Memoirs 15. and by Direction from the Council of England to seize upon 15 of their new Religious Houses to the King 's Use and their principal House in Back-lane in Dublin was Anno 1632 disposed of to the University of Dublin who placed therein a Rector and Scholars and maintained a weekly Lecture there which the Lords Justices often countenanced with their presence but afterwards in the Lord Strafford's time the House was disposed of to the former Use and became a Mass-house again In the Year 1631 the Earl of Castlehaven was tryed 1631. condemn'd and Beheaded in England Whitlock's Memoirs 16. for strange and prodigious Crimes not fit to be particularized or related of so Ancient and Noble a Family And this Year the King taking Notice of the increase of Popery in Ireland sent a Gracious Letter of Admonition to the Bishop of Armagh Bishop Vsher's Life p. 38. to be communicated to the rest of the Bishops thereby exhorting them to the careful Exercise of their Duty and to avoid all Abuses in disposing of Benefices And in the Year 1632 the aforesaid Subsidies or extraordinary Contribution being determined the Countrey finding the necessity of paying the Army to prevent their paying themselves did consent to continue the levying of Twenty Thousand Pounds per Annum quarterly for two Years more But the Irish valuing themselves upon this Bounty and thinking the Army could not he supported without their Contribution began to be very unruly again and though the Broils they made were soon appeased yet it was thought necessary to send over the new Lord-Deputy Wentworth and accordingly Conveniencies were prepared for him both in Ireland and England For on the Tenth of April 1632. 1632. he obtain'd an Order for making a new Great Seal new Signet and new Seals for all the Courts and on
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 Câle 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 â 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 Greeâvill'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 Joââny 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 Drâmiskin 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
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 â 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 â 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 â 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 â 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 â 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 â July 12th 1651. Signed Charles of Lorrain But the Secret and Intâigue 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 â and but lately come
observe That it was a constant Rule with him ever since his coming to the Government in the year 1662. to order the Muster-Master to check the Pay of every Officer and Soldier that did not produce a Certificate of taking the Sacrament twice a year On the 2d of December Circular Letters were sent to the Justices of Peace to make a strict search after the Titular Bishops and Regular Clergy that did not transport themselves according to the Proclamation of the 16th of October and on the 12th of December a Proclamamation issued to quicken the Justices of Peace in searching for Arms c. On the 13th of December issued a Proclamation taking notice of a Letter scattered in the Streets of Dublin intimating a Conspiracy against the Life of the Lord-Lieutenant and promising Protection and Reward of 200 l. to the Discoverer and at length one Jepson a young man newly perverted and two Priests his Abettors were taken and imprison'd for the Fact In the mean time the Lord-Lieutenant took great care to revive the Militia and to Discipline Arm and Array them And on the 26 th of March 1679. there issued a Proclamation to seize the nearest Relations of Tories and to imprison them until such Tories are killed or taken and to apprehend the Popish Priests of every Parish respectively and transport them beyond Seas unless within fourteen days after any Robbery or Murther committed the Criminals be taken killed or discovered And on the same day a Reward of 10 l. for taking a Jesuit or Titular-Bishop was promised by Proclamation And not long afterwards the Lord-Lieutenant and Council by their Letter ordered the Popish Inhabitants to be removed from Galloway Limerick Waterford Clonmell Kilkenny and Droghedagh except some few Trading Merchants Artificers and others necessary for the said Towns and Garisons and by vertue thereof many were expelled but by the stupidity of the Protestants and at their request and upon their Security the Papists were readmitted into those Towns Some time before this there was a great blow given to Popery by the Conversion of Dr. Andrew Sall a Learned and a Pious Man He had been a Jesuit of the Fourth Vow and in great esteem amongst that Party He was afterwards made one of the King's Chaplains and continued a good Protestant till his death On the 3 d of April 1680. the Earl of Anglesey wrote to the Lord-Lieutenant That Hetherington is sent over to Ireland to make good his Information if he can and that it is His Majesty's absolute and unalterable pleasure advised by all the Council to have every individual of the Popish Clergy seized and imprisoned till they petition to be sent over Seas and promise never to return or practice against the State for there is no other way to cure their Madness And that there are those in England that will undertake to apprehend them all To which His Excellency on the 17 th of April returned this Answer That above a year ago two Proclamations did issue against the Popish Clergy with promise of Rewards to those that should apprehend them and that if any in England will undertake it they shall have the promised Reward and his Thanks besides And that to tell him of the insolent Deportment and signal Perfidy of the Popish Clergy of Ireland is to preach to him that there is pain in the Gout and protests That he would rather be rid of Them than of that Disease And for his farther sense of them refers to a Letter of his printed near the end of P. W. ' s Remonstrance In May 1682. His Excellency went to England leaving his Son the Ear of Arran Lord Deputy until his return which happened in August 1684. On the 14th of March 1683. issued a Commission of Grace to the Chief Governour Chancellor high-High-Treasurer Chancellor of the Exchequer the three Chief Judges Master of the Rolls Secretary of State the second Justice of the Kings-Bench and the two Barons of the Exchequer to grant His Majesty's Title to those that were in possession and to grant Mannors and other Privileges for a reasonable Fine c. and by vertue hereof a Court called the Court of Grace sate at the King's-Inns which at length dissolved by the death of the King which happened on the 6th day of February 1684. As soon as the News of the King's death arrived at Dublin the Duke of Ormond summoned the Council and the next day they proclaimed King James II. great Solemnity but with such dismal Countenances and so much Concern as if they had that day foreseen as many did the Infelicity and Misfortune of the following Reign The Irish are generally a People that bear Adversity better than Prosperity In Tribulation they have shewn some Fortitude and Patience but they never met with the Smiles of Fortune without Transportation and Extacy and upon this extraordinary occasion they grew so extravagant and wild that I dare âver That the Irish in the short Reign of King James did commit more Insolencies on the English than These did on Them in 500 years before The Instances of this sort are innumberable and the Circumstances almost incredible It would be too tedious to enumerate the particular Batteries Perjuries Affronts and Murthers and therefore I will confine my self to Generals and of that sort was The desertion of their Cabbins by the Irish for several months together under pretence of a fear of being murdered by the English and this was done throughout the Kingdom and in many Parishes where there were few or no English to be afraid of and the design of all this was to get the English disarm'd and to usher in a practice which was as general viz. Of impeaching the English for assembling together in the night-time And although the Perjuries in this Affair were so notorious that the very Promoters of this Design were asham'd of it yet near 3000 were indicted of this Offence and for Treasonable Words and the like in one Vacation and especially in the County of Tipperary and if the Courage and Integrity of Sir John Mead had not âtopped their Career there the Consequence of this Trick had been fatal to the English of that County and as it was it did them a great deal of harm And in the County of Cork Major Lawless a waspish and inveterate Fellow was the grand Prosecutor but he having more Malice than Wit managed the matter with such rashness and unbecoming vehemence as expos'd him to the Censure even of his own Party And besides a thousand other severities he did to the English he caused Sir Emanuel Moore Edward Rigs Esq and thirty-three Protestants more to be indicted and tried for High-Treason although he had nothing at all to say against the first but that he was a Protestant nor any more to object against the second but that he should say That he had a good Estate in England and if he could not live quietly in Ireland he would go thither However he was so
many and pernicious to Ireland that this Parliament should betray the trust reposed in them if they did not declare against this Cessation and use all means in time to make it abortive and therefore they desire that it may be observed and taken notice of First From whence the Counsel and Design of this Cessation ariseth even from the Rebels and Papists themselves for their own Preservation for soon after they had missed of their intent to make themselves absolute Masters of that Kingdom of Ireland by their treacherous Surprises and seeing that this Kingdom did with most Christian and Generous Resolutions undertake the Charges of the War for the Relief and Recovery of Ireland Propositions were brought over from the Rebels by the Lords Dillon and Tafe at which time they were intercepted and restrained by the Order of the House of Commons after that they had the boldness even while their Hands were still imbrued in the Protestants Blood to petition his Majesty that their demands might be heard And for this purpose they obtained a Commission to be sent over into Ireland to divers Persons of Qality whereof some were Papists to Hear Receive and Transmit to his Majesty their Demands which was done accordingly and one Master Burk a Notorious Pragmatick Irish Papist was the chief Sollicitor in this business After this the Just Revenging God giving daily success to handfuls of the Protestant Forces against their great numbers so that by a wonderful Blessing from Heaven they were in most parts put to the worst Then did they begin to set on Foot an Overture for a Cessation of Arms concerning which what going and coming hath been between the Court and the Rebels is very well known and what Meetings and Treatties have been held about it in Ireland by Warrant of his Majesties Ample Commission sent to that effect and what Reception and Countenance most Pragmatical Papists negotiating the business have found at Court and that those of the State in Dublin who had so much Religion and Honesty as to disswade the Cessation were first discountenanced and at last put out of their Places and restrained to Prison as Sir William Parsons One of the Lords Justices there Sir John Temple Master of the Rolls Sir Adam Loftus vice-Vice-Treasurer of Ireland and Treasurer at Wars and Sir Robert Meredith one also of the Council Table Secondly The Lords and Commons desire it may be observed that during all these Passages and Negotiations the Houses of Parliament were never acquainted by the State of Ireland with the Treaty of a Cessation much less was their Advice or Counsel demanded notwithstanding that the care and managing of the War was devolved on them both by Act of Parliament and by his Majesties Commission under the Great Seal to Advise Order and Dispose of all things concerning the Government and Defence of that Kingdom But the wants of the Army were often represented and complained of whereby with much craft a ground was preparing for the Pretext wherewith now they would cover the Counsels of this Cessation as if nothing had drawn it on but the extream Wants of their Armies whereas it is evident that the Reports of such a Treaty have been in a great part the cause of their wants for thereby the Adventurers were disheartened Contributions were stopped and by the admittance to Court of the Negotiators of this Cessation their wicked Councels have had that influence as to procure the Intercepting of much Provisions which were sent for Ireland so that Ships going for Ireland with Victuals and others coming from thence with Commodities to exchange for Victuals have been taken not only by Dunkirkers having his Majesties Warrant but also by English Ships commanded by Sir John Pennington under his Majesty And moreover the Parliament Messengers sent into several Counties with the Ordinance of January last for Loans and Contributions have been taken and imprisoned their Money taken from them and not one Peny either Loan or Contribution hath been suffered to be sent for for Ireland from these Counties which were under the power of the Kings Army while in the mean time the Houses of Parliament by their Ordinances Declarations and Solicitations to the City of London and the Counties free from the terror of the Kings Forces were still procuring not contemptible Aid and Relief for the distresses of Ireland Thirdly As the Lords and Commons have reason to declare against this Plot and Design of a Cessation of Arms as being treated and carryed on without their Advice so also because of the great prejudice which will thereby redound to the Protestant Religion and the encouragement and advancement which it will give to the practice of Popery when these Rebellious Papists shall by this agreement continue and set up with more freedom their Idolatrous Worship their Popish Superstitions and Romish Abominations in all the places of their Command to the dishonouring of God the grieving of all true Protestant Hearts the disposing of the Laws of the Crown of England and to the provoking of the wrath of a Jealous God as if both Kingdoms not smarted enough already for this sin of too much conniving at and tolerating of Antichristian Idolatry under pretext of Civil Contracts and Politick Agreements Fourthly In the Fourth place they desire it may be observed that this Cessation will prove dishonourable to the Publick Faith of this Kingdom it will elude and make null the Acts and Ordinances of Parliament made for the forfeiting of the Rebels Lands at the passing of which Acts it was represented that such a course would drive the Rebels to Despair and it proves so but otherways than was meant for despairing of their Force and Courage they go about to overcome us with their Craft Fifthly and Lastly What shall become of the many Poor Exiled Protestants turned out of their Estates by this Rebellion who must now continue begging their Bread while the Rebels shall enjoy their Lands and Houses And who shall secure the rest of the Protestants that either by their own Courage Industry and great Charges have kept their Possessions or by the success of our Armies have been restored Can there be any assurance gotten from a Perfidious Enemy of a Cossation from Treachery and breach of Agreement when they shall see a fit time and opportunity These and many other considerations being well weighed it will appear evidently that this Design of a Cessacion is a deep Plot laid by the Rebels and really invented for their own Safety and falsly pretended to be for the benefit of the Armies And whereas the Lords and Commons have no certain Information that the Treaty is concluded but are informed by several Letters that all the Protestants as well Inhabitants as Soldiers in that Kingdom are resolved to withstand that proceeding and to adventure on the greatest extremities rather than have any sort of peace with that generation who have so cruelly in time of Peace Murdered many Thousands of our Countreymen
take notice of and pursue the said Act of Oblivion without Pleading or Suit to be made for the same And that no Clerk or other Officers do make out or write out any manner of Writs Processes Summons or other Precepts for concerning or by reason of any Matter Cause or Thing whatsoever Released Forgiven Discharged or to be Forgiven by the said Act under pain of Twenty pound Sterling And that no Sheriff or other Officers do Execute any such Writ Process Summons or Precept and that no Record Writing or Memory do remain of any Offence or Offences Released or Forgiven or mentioned to be Forgiven by this Act And that all other causes usually inserted in Acts of General Pardon or Oblivion enlarging His Majesty's Grace and Mercy not herein particularized be inserted and comprized in the said Act when the Bill shall be drawn up with the Exceptions already expressed and none other Provided always that the said Act of oblivion shall not extend unto any Treason Felony or other Offence or Offences which shall be committed or done from or after the Date of these Articles until the First day of the before mentioned next Parliament to be held in this Kingdom Provided also that any Act or Acts which shall be done by vertue pretence or in persuance of these Articles or any of them after the Publication of the said Articles or any Act or Acts which shall be done by Vertue Colour or Pretence of the Power or Authority used or exercised by and amongst the confederate Roman Catholicks after the Date of these Articles and before the said Publication shall not be Accounted Taken Construed or be Treason Felony or other Offence to be excepted out of the said Act of Oblivion Provided likewise that the said Act of Oblivion shall not extend unto any Person or Persons that will not Obey and Submit unto the Peace Concluded and Argeed on by these Articles 16. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that an Act be Passed in the next Parliament prohibiting that neither the Lord Deputy or other Chief Governor Governors Lord Chancellor Lord high-High-Treasurer Vice-Treasurer Chancellor or any of the Barons of the Exchequer Privy Council or Judges of the four Courts be Farmours of His Majesty's Customs within this Kingdom 17. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that an Act of Parliament Pass in this Kingdom against Monopolies such as was Enacted in England 21. Jacobi Regis with a further clause of Repealing all Grants of Monopolies in this Kingdom and that Commissioners be Agreed upon by the said Lord Lieutenant and the Lord Viscount Mountgarret c. or any Five or more of them to set down the Rates for the Custom or Imposition to be laid on Aquavite Wine Oyl Yarn and Tobacco 18. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that such Persons asshall be Agreed on by the said Lord Lieutenant and the said Lord Viscount Mountgarret c. or any Five or more of them shall be upon conclusion of these Articles Authorized by Commission under the great Seal to Regulate the Court of Castle-Chamber and such causes as shall be brough into and censured in the said Court 19. It is further Concluded Accorded and Agreed by and between the said Parties and his Majesty is further graciously pleased that two Acts lately Passed in this Kingdom prohibiting the Plowing with Horses by the tail and the other prohibiting the burning of Oats in the Straw be Repealed 20. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that upon perfection of these Articles such course shall be taken against such who have disobeyed the Cessation and will not submit to the Peace if any shall Oppose it as shall be just and for the Peace of the Kingdom 21. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased forasmuch as upon application of Agents from this Kingdom unto His Majesty in the Fourth Year of his Reign and lately upon humble Suit made unto His Majesty by a Committee of both Houses of the Parliament of this Kingdom Order was given by His Majesty for redress of several Grievances and for so many of those as are not expressed in these Articles whereof both Houses in the next ensuing Parliament shall desire the benefit of His Majesty 's said former directions for Redresses therein that the same be afforded them yet so as for prevention of inconveniencies to His Majesties Service that the warning mentioned the 21 st Article of the Graces in the Fourth Year of His Majesties Reign be so understood that the Warning being left at the Persons dwelling Houses be held sufficient Warning and that as to the 22 d. Article of the said Graces the Process hitherto used in the Court of Wards do still continue as hitherto it hath done in that and hath been used in other English Courts but the Court of Wards being compounded for so much of the aforesaid Answer as concerns Warning and Process shall be omitted 22. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that Maritime causes may be determined in this Kingdom without driving of Merchants or others to Appeal and seek Justice elsewhere and if it shall fall out that there be cause of an Appeal the Party grieved is to Appeal to His Majesty in the Chancery of Ireland and the Sentence thereupon to be given by the Delegates to be Definitive and not to be questioned upon any further Appeal except it be in the Parliament of this Kingdom if the Parliament shall then be Sitting otherwise not This to be by Act of Parliament 23. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty out of His abundant Grace and Goodness to His Subjects of this Kingdom is graciously pleased to Assent that his said Subjects be eased of the increase of Rents lately raised on them upon the Commission of Defective Titles in the Earl of Straffords Government This to be by Act of Parliament 24. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that by Act to be Passed in the next Parliament all the arrears of Interest of Mony which did accrew or grow due by way Debt Mortgage or otherwise and yet not satisfied since the 23 d. of October 1641. until the perfection of these Articles shall be fully Forgiven and Released And that for and during the space of Three Years next ensuing no more shall be taken for Use or Interest or Mony than Five Pounds percent and in all Cases of Equity arising
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-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
of Tanistry and Gavelkind abolished 10 Commission of Grace 11 15 32 Case of Tânures 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 ãâã 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 ãâã 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 Kerây and Slane dispute Precedency 29 Lords Courcey and Saâsfield 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 Meleâont 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 arriâes 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 ãâã Wrâtch to a ãâã 20â and Excommunicateâ the Supram Council c. 199 and leaves the Kingdom C. 2. 3 O. Ormond comes to Dublin 75 obtââââ a Victory in Kilrush 106 and another at Roââ 3 is made Lord Lieutenant 137 is like to be intercepted by the Nââââio'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 Agânts there 138 139 140 141. ãâã P. Papists generally come to Church 9 are mutinous in the Parliament 23 send Agents to England 25 revolâe from the Army 86 Parliament intended in Ireland 18 and called 21 disturb'd by the Papists 22 but ãâã 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 sââd a Râmonstrance to England 61 and a Petition with a Schedule of Grievances 164 and impeach the Bishop of Derry ãâã Lord Chanceller c. 65 iâ ãâã Annâ 1644. 137 and makes a Remonstrance of Thanks to Ormond 188 Pale Lords and ãâã of it rebel 76 83 are ill used by the Irish of Ulster 93 Peace ãâã of Anno 1644. 143 the Treaty resum'd Anno 1645. 150 Lord Digby's Letter to hasten it 151 the Assââblies Declaration concerning it 152 it is opposed by the Nuntio 155 and ââbutâd 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 ãâã 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 Clâanmacnoise C. 2. 14 and deal deceitfully with Insiquin and Ormond C. 2. 19 they meet at JamesâTown 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 âruel beyond Example 73 93 and no less treacherous 77 79 82 discovered by Owen OâConally 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 Kingâale C. 2. 1 S. St. John Sir Olâver 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 attaâââed 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 ãâ¦ã VI. An excellent Answer to it VII The Lord Macgââre's Examination VIII The Lord of Gârmanstown'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 ãâã 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 ãâã them XXIV The ãâã of Peace 1646. XXV The Munster ââtition 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 Aââerents to the ãâã 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 Mârquesâ of Ormond and the Parliament Commissioners XXXIX The Remonstrance of the Army in Munster January 1647. XL. Instructions for the Irish Ambassadors ãâã Foreign Princes XLI Friar King's Letter to the Tât ãâ¦ã 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 Fârns 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 ãâã Information and the Observations thereupon Errata in the Letter Page 14. line 29. dele fourty Page 17. dele 1678 in the Margent