Parsons by Owen O Conally an Irishman but bred a Protestant by Sir John Clotworthy and he being drunk told his Story so odly and delivered this surprizing Information so incoherently that small regard was had to what he said and therefore he was dismissed with Directions to make farther Discoveries if he could Nevertheless the Lord Parsons went to his Collegue Burlace at Chichester-house to communicate Conally's Intelligence unto him and whilst the Lord Justice Burlace was fretting that Conally should be so slightly dismiss'd Vide his Examination Append 2. behold about Ten a Clock at Night he came again and confirm'd his former Story Whereupon several of the Conspirators were that Night apprehended and tho' James Warren and Paul Neale found means to escape out of Custody yet the Lord Macguire in whose Lodgings were found many Hatchets Skeins and Hammers and Mac Mahon were taken and kept safe until their Execution It was about Five a Clock in the Morning 23d of October when Mac Mahon was Examined and Confessed That on that very day all the Forts and strong Places in Ireland would be taken that he with the Lord Macguire Hugh Brine Captain Bryan O Neale and several other Irish Gentlemen were come expresly to surprize the Castle of Dablin and that Twenty men out of each County were to be here to joyn with them That all the Papist Lords and Gentlemen in the Kingdom were engaged in this Plot That what was to be done in other parts of the Country was so far advanced by that time as it was impossible for the Wit of Man to prevent it that they had him in their Power and might use him as they pleased but he was sure be should be revenged And it is observable that Mac Mahon's Fancy was so full of the Bloody Tragedy which was to be Acted that day that during Owen O Conallies Examination as he walked in Chichester-Hall he drew with Chalk several postures of Men some on Gibbets and some groveling on the Ground so much was he delighted with what he thought or rather knew would soon be the Condition of the miserable English Nor is it to be omitted that Sir William Cole upon the Information of John Cormuck and Flagharty Mac Hugh that the Irish did design to seize on the Castle of Dublin and murder the Lords Justices and Council and the Protestants there did on the 21. of October send Letters with an Account of that Matter to the Lords Justices but how they mis carried is not known but it is certain those Letters never came to hand On this First day of the Rebellion the Irish surprized the Lord Blaney's House his Wife and Children and seized the Newry and the Magazine there See it Burlace 22. wherein were Seventy Barrels of Powder they also took Dungannon Fort Mountjoy Charlemont Tonrage Carrickmacross Cloghouter in the County of Cavan and Castlemonaghan and committed many Murders and the Lords Justices issued a Proclamation to encourage the English to defend themselves which were immediately Printed and sent to several places by Expresses and from this time forward there was not a day and scarce an hour wherein the dismal Tidings of some new Outrage or Barbarity did not arrive On the 24th the Alarms and Fears were so great at Dublin that the Castle Drawbridge was once let down and some of the State went to the Platform of the Castle to view the Irish Army which was falsly said to be approaching The Lords Justices being in this deplorable Condition did turn themselves to all the Methods of preserving the Kingdom which so great a Danger did require and their small Materials would allow but tho' their Industry was great their means were inconsiderable the whole standing Army did not exceed Two thousand ninety seven Foot and Nine hundred Horse Officers included and these were scattered in Single Troops and Companies or small Parties into places remote from Dublin and far distant from one another so that some of them were cut off by the Enemy and more of them being Irish Papists did revolt to the Rebels however they did send Potents for as many as they thought could safely March and particularly for the Earl of Ormond's Troop which came with himself to Dublin on the Second day of December and they made Sir Francis Willoughby Commander of the Castle These Letters are at large Temple 25. and Sir Charles Coot Governour of the City and on the 25th of October sent Owen O Conally with Letters to the Lord Lieutenant and Sir Henry Spotswood with an Express to the King But their main hope was that the Papists of the Pale who were of English Extraction and had signalized their Loyalty in all former Rebellions would also stand firm to the Crown in This and therefore the Lords Justices and Council sent Letters to the Sheriffs of those five Counties to make their best defence against the Rebels and to do all that was necessary for their own Preservation And to encourage as well as enable those Papists that the State had a good Opinion of the Lords Justices dispersed Seventeen hundred Arms to the Lords of Fingall Gormanstown Dunsany Slane Netervill Merion Hoath and other Roman Catholick Gentlemen for the Guard of the Pale and Arms were likewise sent to the Towns of Waterford Wexford and Trim with a Licence to import more they issued also Commissions of Martial Law for the more speedy Execution of the Rebels and thereby the more Expeditious Suppressing of the Rebellion Temple 55. and these Commissions were directed to Papists viz. to Henry Talbot for the County of Dublin John Bellew Esquire for the County of Louth Richard Dalton and James Tuit in Westmeath and James Talbot in the County of Cavan They also gave Commissions of Government of the respective Counties to several Roman Catholicks viz. the Lords Mountgarret Gormanstown Mayo Costilo Walter Bagnall Sir James Dillon Sir Robert Talbot Sir Christopher Bellew Sir Thomas Nugent and Mr. Nicholas Barnewall and by these Commissions these Lords and Gentlemen in their respective Districts had power to Levy and raise Forces to Arm and Array and conduct them and to prosecute the Rebels with Fire and Sword to use Martial Law and to Pardon and receive into his Majesties mercy as they should think fit as may be seen more at large in the Lord Gormanstowns Commission Postea Appendix 8. But the Lords and Gentlemen of the Pale were deeper in this General Conspiracy than the Lords Justices suspected and therefore were so far from being wrought upon by these Kindnesses and the Confidence the State placed in them that on the contrary from the very beginning they industriously sought for Pretences to break out into Action Their first Essay was on the 27th day of October at which time they picked a Quarrel at the words Irish Papists in the Proclamation against the Rebels as being Terms so General and Comprehensive that themselves might seem included and tho' they being Old English
and if the Confederates be so desirous to try their innocency as they pretend they need not stay for another Parliament in Ireland but submit to that which is now in being which is an equal and just Parliament as in some of our Reasons touching that point is expressed ☞ and the offering to draw it to a new Parliament is in effect to desire that they may be their own Judges For as that Kingdom is now imbroiled and wasted the chief Delinquents or their Confederates will be so prevalent a Faction in the next Parliament that they will be able and doubtless will clear all the Popish Party how guilty soever and condemn all the Protestants how innocent soever These Answers to the high and unexpected demands of the Confederates we have framed in humble obedience to your Majesties directions but being very sensible as of the weight and great importance of the business so also of our own weakness and want of time and well knowing that some of your Majesties Privy-Counsellors Judges and Officers of that Kingdom are now in Town sent for over and here attending by your Majesties Command who by their long observationsâ— and experience of the aâ—aâ—rs and state of Ireland are better ablâ— to give your Majesty morâ— full and satisfactory answers touching the premises than we can and conceiving that the Collection in answer to the said Confederates Remonstrance which we humbly presented to your Majesty the Seventeenth of the last Month of April may in many things give your Majesty more light than these our answers do or can We humbly beseech your Majesty that the said Privy-Counsellors Judges and Officers as occasion shall require may be called upon and heard to give your Majesty the more satisfaction in these particulars and that to the same purpose the Book of the said Collections may be perused and considered of as your Majesty shall find most requisite Append. XXIV Articles of Peace made concluded accorded and agreed upon by and between his Excellency James Lord Marquess of Ormond Lord Lieutenant General and General Governour of his Majesties Kingdom of Ireland for and on the behalf of His most Excellent Majesty of the one part And Richard Lord Viscount Mountgarret Donogh Lord Viscount Muskery Sir Robert Talbot Baronet Dermot O Bryen Patrick Darcy Geffery Brown and John Dillon Esquires Appointed and Authorised for and in the behalf of His Majesties said Roman-Catholick Subjects on the other part 1. IT is concluded accorded and agreed upon by his Majesties said Commissioner for and on the behalf of His most Excellent Majesty and the said Richard Lord Viscount Mountgarret Donogh Lord Viscount Muskery Sir Robert Talbot Baronet Dermot O Bryen Patrick Darcy Geffery Brown and John Dillon Esquires on the behalf of the said Roman Catholick Subjects and his Majesty is graciously pleased that it shall be provided by Act of Parliament to be passed in the next Parliament to be held in this Kingdom That the Professors of the Roman Catholick Religion in the said Kingdom or any of them be not bound or obliged to take the Oath expressed in the Statute of Secundo Eliz. commonly called the Oath of Supremacy and that the said Oath shall not be tendred unto them and that the refusal of the said Oath shall not redound to the prejudice of them or any of them they taking the Oath of Allegiance in haec verba I A. B. do truly acknowledge confess testify and declare in my conscience before God and the World That our Sovereign Lord King CHARLES is Lawful and Rightful King of this Realm and of other His Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty and His Heirs and Successors and him and them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against His or their Crown or Dignity and do my best endeavour to disclose and make known unto His Majesty His Heirs and Successors or to the Lord Deputy or other Governour for the time being all Treasons or Trayterout Conspiracies which I shall know or hear to be intended against his Majesty or any of them and I do make this recognition and acknowledgement heartily willingly and truly upon the true faith of a Christian So help me God c. So as by the same Act it be further Provided and Enacted that if any Roman-Catholick happen to be promoted presented or advanced to any Ecclesiastical Promotion Dignity or Benifice according to the form now used in the Protestant Church of Ireland that the freedom and exemption aforesaid shall not extend to any such Roman-Catholick Or if any being a Protestant be advanced promoted or presented to any Ecclesiastical Benefice Dignity or Promotion shall afterwards happen to become a Roman-Catholick that the freedom and exemption aforesaid shall not so far extend to any such Roman-Catholick but that upon tender of the said Oath and refusal thereof he be for that cause left subject to privation of the said Benefice Dignity or Promotion according to the said Statue and it is further concluded accorded and agreed by and between the said Parties that for all matters concerning the first Proposition of the said Catholicks viz. That all Acts made against the Professors of the Roman-Catholick Faith whereby any restraint penalty mulct or incapacity may be laid upon any Roman-Catholick within the Kingdom of Ireland may be Repealed and the said Catholicks to be allowed the freedom of the Roman Catholick Religion That His Majesties said Roman-Catholick Subjects be referred to His Majesties gracious Favour and further Concessions and that no clause in these Articles shall or may hinder His Majesties said Roman-Catholick Subjects or any of them from the benefit of His Majesties further Graces and Concessions and that no use shall be made of the Papers past on this Treaty or any of them concerning the said first Proposition which may in any sort hinder the said Roman-Catholick Subjects or any of them from His Majesties further Concessions And that His Majesties said Commissioner and other chief Governour or Governours of this Kingdom for the time being shall cause whatsoever shall be further directed by His Majesty to be passed in Parliament for and on the behalf of His said Roman Catholick Subjects to be accordingly drawn into Bills and transmitted according to the usual manner to be afterwards passed as Acts in the said Parliament 2. It is further concluded accorded and agreed upon by and between the said Parties and his Majesty is graciously pleased to call a new Parliament to be held in this Kingdom on or before the last day of November next ensuing and that all matters agreed on by these Articles to be passed in Parliament shall be transmitted into England according to the usual form to be passed in the said Parliament and that the said Acts so to be agreed upon and so to be passed shall receive no alteration or diminution here or
take any notice of Ireland and therefore we take no further notice of him than to give this brief Account of the Reason of our Silence in that Particular Hugh de Lacy was made Lord Justice of Ireland as aforesaid And as soon as he arrived he sent Imperious Letters to Courcy to discharge him of his Command and behaved himself so insolently that all was in Disorder Which the Irish perceiving and also that the King of England was preparing for a Voyage to the Holy Land they thought this an happy Opportunity to extirpate the English to which End they had a General Meeting and resolved unanimously to fall upon them Hanmer 169. and in order to it they entred into a League or Association and solemnly swore First To be true to one another and to the common Cause Secondly Never to yield any Obedience to the English again Ibid 162. And to begin the Business they fell upon Roger Poer Governour of Leighlin and barbarously murdered him and most of the Garrison Cormock O Connor Son of Rotherick King of Connaught commonly called Crove Darig because his Hand was red was the chief of the Conspirators he was an Active Valiant Gentleman and of so great Reputation that he was able to assemble twenty thousand Men of his own and the Confederates with which Army he designed first to clear Connaught then Vlster and afterwards the whole Kingdom In the mean Time Courcy Lord of Connaught and Earl of Vlster considering that he should have no Aid nor Help from the Lord Justice endeavoured to strengthen himself the best he could and to that End sent for his Brother S. Lawrence who made more Haste than good Speed for he came away with thirty Horse and two hundred Foot and at Knockmoy in the County of Galway fell into an Ambush the King of Connaught had laid for him and tho' they fought so valiantly that they killed one thousand Irish Men yet the Issue was That this small Army was totally destroyed not one escaping And tho' O Connor in Remembrance and Ostentation of this Victory did there build the Abbey de Colle Victoriae yet when he had well considered the prodigious Valour of that Handful of Men and his own Loss he thought himself necessitated to sue to Lacy for Peace which he soon obtained upon reasonable Conditions About this Time Robin Hood and Litle John were Famous Robbers in England but their Company being dispersed and Robin Hood taken Litle John fled to Dublin and shot an Arrow from Dublin-Bridge to the litle Hill in Oxman-Town thence called Litle John's Shot He was called Litle John Ironically for he was not less than fourteen Foot long believe it who will Hector Boetius affirms The Hole of his Huckle Bone was so big that he could thrust his Hand through it He fled from Dublin to Scotland where he dyed This Year Isabel 1189. only Daughter of Strongbow by Eva Prencess of Leinster was married to William Lord Maxfield Earl Marshal of England He was a great Favourite to King Richard and at his Coronation carried the Regal Scepter whereon was a Cross of Gold He was afterward by King John Hanmer 177. created Earl of Pembrook and had five Sons who were successively Earls and all died without Issue and he had five Daughters among whom his Estate was divided viz. to Joan the County of Waxford to Matilda the County of Caterlough to Isabel the County of Kilkenny to Sybilla the County of Kildare and to Eva the Mannor of Downmass in Leix now the Queen's County in all which they exercised Palatine Jurisdiction Of this Family Thomas Mills in his Catalogue of Honour gives this Account That Richard Earl of Chepstow was nick-named Strongbow because of his exceeding Strength so that he drew an traordinary Srong Bow his Arms were so long that he could stand upright and with the Palms of his Hands touch his Knees That his Daughter Isabel was fourteen Years a Ward to Henry II That her Husband William Earl Marshal was created Earl of Pembrook 27 May 1199 and that she dyed anno 1221 and was buried at Tintern Abbey and that he dyed 16 March 1219. They had five Sons and five Daughters William married Elianor Sister of Henry III and died the sixth of April 1231. Richard died the sixteenth of April 1234. Gilbert married Margaret Daughter of William King of Scotland 1235 and died by a fall from his Horse the twenty eighth of May 1242. Walter died 1245 in Wales and Anselm died the same Month viz the twenty first of December Maud successively married Hugh Earl of Norfolk William Earl of Warren and Walier Lord Dunstanvil Joan married Warren Lord Montchensy the richest Baron in England Isabel married Gilbert Earl of Glocester and afterwards Richard Earl of Cornwal King of the Romans Sybil married William Earl of Ferrers and Darby and Eve married William de Brees Lord of Brecknock and Partition was made between these Noble Coparceners at Woodstock Lib. G. May 3. 31 Hen. 3. About this Time 1190. viz. Anno 1190 the City of Dublin was burnt by Accident 1191. so that it was almost totally destroyed and the Kingdom was governed by William Petit Burlace 11. who held it a very short Time before William Earl of Pembrook and Earl Marshal of England came over Lord Justice or Governour of Ireland he was the third of the Temporal Assistants King Richard had left to the Bishop of Ely for the Government of England he was a Valiant Man and had a great Estate in Ireland 1191. and therefore was thought the fittest Governour for that Country in this Critical Time whilst King Richard was Prisoner in Austria and Earl John was engaged in Troublesome and Ambitious Designs in England In the Year 1194. the Reliques of S. Malachy Bishop of Clareval Cambden 151. were brought into Ireland and with great Reverence and Devotion deposited in the Abby of Mellifont and other the Monasteries of the Cistersian Order It seems the Reputation or Power of this Noble Governour was sufficient to keep Ireland quiet 1197. for we read of little or no Disturbance there during his Time which was about six Years And then he resign'd to Hanno de valois a Gentleman of Suffolk Lord Justice of Ireland who continued in that Government until the Death of King Richard which happened at Chalons in France on the sixth Day of April anno 1199. John Earl of Moreton and Lord of Ireland did on the Death of King Richard without Title ascend the Throne of England Hubert Archbishop of Canterbury was a great assistant to this Usurpation he told the People That John had the Crown by Election which the King did not then gain-say it being no fit Time to dispute the MANNER so he had the THING he aimed at but the Right was in his Nephew Arthur whom he afterwards got into his Hands and caused him him to be murdered as was at that Time generally reported
the following Order to stop any farther Proceedings upon the aforesaid illegal Writ which I do the rather recite at large because it justifies my Assertion that Ireland is inseparable from the Crown of England since we find the King effectually interpose to rectifie Miscarriages there notwithstanding the aforesaid Donation to the Prince which was as full as it could be worded REX Thesaurario Baronibus de Scaccario Dublin Ibid. 255. Salutem Quia de assensu voluntate Praelatorum Magnatum Terrae Hiberniae dudum fuit provisum concessum quod eisdem Legibus tenerentur in Terra illa quibus homines Regni nostri utuntur in Regno nostro Angliae quod eadem Brevia quoad terras tenementa recuperanda teneant in terra illa quae tenentur in regno praedicto sicut justa Et dicta provisio concessio omnibus retroactis temporibus fuerunt obtenta approbata miramur quamplurimum quod sicut ex insinuatione venerabilis patris Thomae Lismorensis Episcopi accepimus emanare permisistis ex Cancellaria Edwardi filii nostri in Hibernia contra consuetudinem obtentam formam Brevium in regno nostro usitatam Breve infra-scriptum contra praefatum Episcopum in haec verba EDwardus Illustris Regis Angliae primogenitus ad Vic. Waterford Salutem Praecipe Thomae Lismorensi Episcopo quod juste sine dilatione reddat Waltero Episcopo Waterford Maneria de Archmurdeglan Kilmurdri Motha cum pertinentiis quae clamat esse jus Ecclesiae suae in quae idem Episcopus non habet ingressum nisi per Alanum quondam Lismorensem Episcopum cui Griffinus quondam Lismorensis Episcopus qui inde injuste sine judicio disseisivit Robertum quondam Waterford Episcopum predecessorem Episcopi post ultimum reditum c. QUia vero dictum Breve tam dissonum est Stat. Marlbridge cap. 30. contra Leges Consuetudines in regno nostro tentas formas Brevium nostrorum ibidem approbatas praesertim cum Breve ingressus non transeat tertiam personam nec ratione intrationis in terram aliquam post mortem alicujus comperat actio alicui de terra illa nisi illi cui per mortem illam jus debetur in eadem Nec enim dicitur intrusio qui jure haereditario vel ratione Ecclesiae suae succedit Predecessori suo in hiis de quibus idem Predeces fuit seisitus in Dominico suo ut de feodo die quo obiit Vobis mandamus quod si dictum Breve a Cancellaria praedicta in forma praedicta emanaverit executionem ejusdem Brevis supersedeatis revocantes sine dilatione quicquid per idem Breve actum fuerit in Curia praedicti Filii nostri Teste apud Windsor 27 die Januar. Et eodem modo scribitur Adamo le Sole Justiciario Hiberniae intellige de Banco Regis Waleranno de Willesby Sociis suis Itinerantibus ut supra Alan de la Zouch 1255. who had been Chief Justice of the Kings Bench in England Hanmer 199. 34. Hen. 3. was now made Lord Justice of Ireland he had the Misfortune to be slain in Westminster-Hall by John Earl of Warren and Surrey half Brother to the King In his time some Rebel Irishmen were coming to aid the Earl of Chester against the King but Prince Edward with the English Navy had the good Fortune to meet with the Irish Fleet and to sink most of their Ships so that few of the Men were left alive to return Now flourished that famous Mathematician Johannes de Sacrobosco who was born at Holywood in Fingal not far from Dublin and thence had his Name de sacrobosco i.e. Holy wood It seems that the Prince 1258. by Virtue of the aforesaid Grant would have removed the Lord Justice and put another in his Room But the King by the Advice of the Barons of England wrote to the Archbishops Bishops Abbots Priors Barons Brady 674. Knights c. That he heard his Son designed to make a new Justice in Ireland and to put his Castles into such Hands as it might be great Damage and not without fear of their disinheriting and therefore commands them not to obey such Justice Constables or Keepers of Castles made or appointed without his Letters Patents by Advice and Assent of his Council After the same manner he wrote to all the Mayors and Communities of Cities and Towns in Ireland and to the Constables of Castles and also commanded Alan de la Zouch his Justiciary not to obey or give up his Authority to any new Justiciary or Constable that should come without his Letters Patents But it seems this Matter was setled for the next Year we find Stephen de long Espee 1259. Lord Justice some call him Earl of Salisbury and Burlace stiles him Earl of Vlster but I think there is no Ground for either of the Titles he encountred O Neale and slew him and three hundred fifty two Irishmen in the Streets of Down 1260. but not long after the Lord Justice was betrayed and murdered by his own People And thereupon William Den was chosen Lord Justice In whose Time the Mac Carthyes plaid the Devil in Desmond they are the Words of my Author and by Ambuscade surprized and slew Thomas Fitz-Girald and John his Son 1261. at Calan in Desmond together with many Knights and Gentlemen of that Family whereupon the Carthyes grew so high that for the space of twelve Years the Giraldines durst not put a Plow in the Ground in Desmond Hanmer 201. until some Fewds arose between the Irish of Carby and Muskry and between the Carthyes Driscols Donovans Mahonyes and Swinyes so that they also weakned and destroyed one another and the Giraldines began to recover their Power and Authority again But the Lord Justice died this Year and Richard de Capella or Capel was made Lord Justice In his Time arose a great Contention between the Prior and Convent of Christ-Church and the Corporation of Dublin about the Tith-Fish of the River Liffy The Burks and the Geraldines quarrelled about some Lands in Connaught to that degree that they filled the whole Kingdom with War and Tumult and Maurice Fitz-Maurice Fitz-Girald not the Earl of Desmond but the same that afterwards anno 1272 was Lord Justice and John Fitz-Thomas afterwards Earl of Kildare at a Meeting at Castle-Dermond seized upon the Lord Justice and Richard Burk Heir apparent of Vlster afterwards called the Red Earl Theobald Butler 1264. Miles Cogan c. and imprisoned them in the Castle of Ley. But soon after a Parliament met at Kilkenny and ordered them all to be released which was done accordingly In the mean Time the King wrote to the Arcbishop of Dublin the Bishop of Meath his Treasurer Walter de Burg or Burk 1265. Maurice Fitz-Maurice Fitz-Girald That he heard there was like to be great Dissention between the great Men of Ireland and therefore ordered
them to secure the Peace of the Nation And sent them farther private Instructions by Robert Waspail who carried those Letters to whom he commanded them to give Credit And not long after the Lord Justice was removed and David Barry the worthy Ancestor of the Noble Family of Barrymore was made Lord Justice 1267. he so managed the Giraldines that he took from them the Castle of Sligo and all their Lands in Connaught and thereby put an End to those Wars and Differences that were between them and the Burks And in his Time the Friers Preachers were setled at Ross Kilkenny and Clonmel Sir Robert de Vfford was made Lord Justice of Ireland 1268. and began to build the Castle of Roscomon In his Time Cnoghor O Brian of Thomond was slain i.e. murdered by Dermònd mac Monard and Maurice Fitz-Girald not of Desmond as the Annals say but Son of Maurice Lord Justice anno 1272 was drowned between Ireland and Wales And about this Time came over a Writ from the King to levy Aurum Reginae for Elianor the Prince's Wife as was used in England which you may read at large 4 Inst 357. On which I will make but this one Remark That if the Sovereignty of Ireland were in the Prince how comes the King to send the Writ But it will evidently appear by the following Writ That the Prince had not the Sovereignty of that Kingdom CVm Rex per Cartam suam concessit Edvardo 52 Hen. 3. primogenito suo Terram suam Hiberniae cum pertinentiis Lib. GGG c. habendum sibi haeredibus suis Lambeth ita quod non separetur a Corona Angliae idem Edvardus sine Licentia Regis alienationes quorundam terrarum tenementorum spectantium ad Terram praedictam fecerit contra tenorem feofamenti Regis quod idem rex sustinere voluit ideo nunc dedit potestatem mandatum nepoti suo filio Regis Alemani the Son of Richard Earl of Cornwal King of the Romans revocandi omnia maneria terras tenementa quae dictus Edvardus filius Regis sic alienavit post feofamentum praedict c. Richard de Excester 1269. Lord Justice In whose time Othobon the Pope's Legate made excellent Constitutions at London He made a more firm Peace and Reconciliation between the Burks and Giraldines And not long after died and Sir James Audly 1270. or de Aldethel was made Lord Justice and had a very unfortunate Government of it for the Irish were every where troublesome Fragm M. S. Quasi omnes Hiberni guerraverunt omnes munitiones Fortifications in Ophaly praeter Castrum de Lega Ley destructi sunt Anglici inde expulsi magna strages utriusque nationis facta est in Connacia The Irish burn'd spoil'd destroyed and slew as well Magistrates as others and the King of Connaught in plain Field defeated Walter Burk Hanmer 202. Earl of Vlster and killed a great number of Nobles and Knights and particularly the Lords Richard and John Verdon and a great Famine and Pestilence the natural Consequences of War spread over all Ireland and sorely afflicted the whole Kingdom The Castles of Aldleck Roscomon and Scheligah perhaps Sligo were destroyed Nevertheless the Pope without Regard to these Universal Calamities required the Tiths of all Spiritual Promotions for three Years to maintain his Wars against a Christian King viz. of Arragon and tho' the People murmured and their Poverty and Misery pleaded loudly for them yet the rapacious Nuntio would not go empty away On the 23 of June 1272. the Lord Justice was killed by a fall from his Horse in Thomond and Maurice Fitz-Maurice Fitz-Girald was made Lord Justice 1272. and so continued till the sixteenth Day of November at which time the King died in Peace and full of Days in his Palace at London having reigned longer than any King since the Conquest viz. six and fifty Years c. THE REIGN OF EDWARD I. King of England c. And LORD of IRELAND EDWARD the First from the Talness of his Person Nicknamed Long-shanks succeeded his Deceased Father in all his Dominions on the 16th Day of November 1272 but he being at that time absent in the Holy Land the Nobility took care to keep all quiet until his Return and then on the 15th Day of August 1274. he was Crowned by Robert Archbishop of Canterbury Maurice Fitz-Maurice Fitz-Girald continued Lord Justice and to him Ware de pres 34. and to Hugh Bishop of Meath Lord Treasurer and to John de Sandford Escheator was a Writ sent December 7. 1272 Commissioning them to receive the Oaths of Fealty and Allegiance to the new King of all the Nobility Gentry and Commons of Ireland And the Lord Justice had another Writ of the same Date to proclaim the Kings Peace and to preserve it wherein 't is said That the King is willing and able by Gods Help to defend and do Justice to his People great and small And the Government of England being informed Prin. 256. That Avelina Countess of Vlster and Widow of Walter de Burgo had been endowed illegally both as to Quantity and Quality a Writ issued in the Kings Name to the Seneschal of Vlster to rectifie that Matter according to the Law and Usage of England In the mean time the Irish took advantage of the Kings absence from England and thought it an opportune Season to rebel 1273. they destroyed the Castle of Roscomon Aldleek Scheligath and Randon and found means to corrupt some of the Lord Justice Followers whereby he was betrayed into their hands in Ophaly and there taken and imprisoned whereupon Walter Genevil newly returned from the Holy Land was sent over Lord Justice Octob. 1273. to him a Writ was sent not to molest the Archbishop of Cashel for any Debts due from him to the King till his Majesties Return to England The Islanders and Red-shank Scots made a sudden incursion into Ireland and burnt several Towns and Villages killing Man 1274. Woman and Child most inhumanely and got away with vast Booty before the Country could get together or put themselves in a posture to prevent or resist this unexpected Torrent but not long after Richard de Burgo and Sir Eustace le Poer served them in their kind and entred the Islands and burnt their Cabbins and Cottages slew all they met with and smoakt out those that had hid themselves in Caves after the same manner that is used in smoaking a Fox out of his Earth Rosâ—omon-Castle was once again repaired 1275. or rather reedified and Mortagh a strong Tory being taken Prisoner by Sir Walter le Faunt was executed but the Lord Justice being recalled Sir Robert de Vfford was made Lord Justice 1276. in whose time Thomas de Clare Son of the Earl of Glocester came into Ireland and married Juliana Daughter of Maurice Fitz-Maurice Fitz-Girald though some say it was anno 1274. There is little
Flames but the Devout Citizens first made a Collection for the Repair of the Church and then set themselves to the re-edifying their own Houses And so we come to a Trial 1284. very unusual in Courts of Justice in Ireland tho' too frequent in the Field viz. that of Battle Ware presul 142. for Jeofry Saintleger Bishop of Ossory in a Writ of Right for the Mannor of Sirekeran in Ely O Carol recovered the same and the Trial was by Battle between the Bishops Champion and the Champion of his Adversary The Lords and Potentates of Ophaly were grown strong enough to take and burn the Castle of Ley 1285. and it seems Theobald Verdon going to revenge that Injury lost both his Men and his Horses which was followed with a greater Misfortune for the next Morning Girald Fitz-Maurice was betrayed by his Followers and taken Prisoner Nor had the English better Success at Rathdod for in an unfortunate Skirmish there Sir Gerard Doget Ralph Petit and many more were slain and the Lord Geofry Genevil had much ado to save himself by Flight Amidst these Disturbances Burlace 31. the Lord Justice obtained from the King a Pension of five hundred Pound per annum for his Expence and Charge in the Government to continue as long as his Justiceship but if any extraordinary Accident should require more Expence than the Writ prescribes That a Vice-Treasurer be appointed to receive and pay the Revenue as the Lord Justice and the Court of Exchequer shall think fit But the next Year was more favourable 1286. so that Philip Stanton in November burnt Norwagh and Ardscol and other Towns and the great Rebel Calwagh was taken at Kildare which superseded these Stirs for a Time Nevertheless this Year was fatal to many Noblemen viz. Maurice Fitz-Maurice who died at Rosse as Girald Fitz-Maurice Oge did at Rathmore and the Lord Thomas de Clare could not escape the Common Fate to which the Lord Justice himself was forced to submit So that John Sandford 1287. Archbishop of Dublin was chosen Lord Justice His Government was the more uneasie to him because Richard Burk 1288. Earl of Vlster and Walter Lacy Lord of Meath confederated against Theobald de Verdon and Besieged him in the Castle of Athloan and came with a great Army as far as Trim However this was in a great measure recompenced by the Plenty of the Year which was so great even in England that a Bushel of Wheat was sold for four Pence It was usual in this King's Reign To send the new English Statutes in some reasonable time after they were made to be proclaimed and observed in Ireland Thus in the thirteenth Year of his Reign he sent by Roger Bretun the Statutes of Westminster the first of Glocester of Merchants and of Westminster the second to the Lord Justice Fulborne to publish and notifie them to the People And this Year the like was done by the Statute called Ordinatio pro Statu Hiberniae which was enacted in England and sent to Ireland to be observed there and is to be seen in French in the second part of the Ancient Statutes printed at London 1532. And the Statutes of Lincoln and of York were also sent to Ireland Ex lib. Alb. Scac. Hib. to be enrolled in the Chancery and to be published and notified to the People 20 Novemb. 17 Edw. 1. And it is to be observed That after Parliaments were held in Ireland yet the English Statutes did extend to Ireland as the eleventh of Edward III Lib. M. Lamb. of Drapery and the twenty seventh of Edward III of the Staple and the fourth of Henry V cap. 6-touching the Promotion of Clerks of the Irish Nation and many more But it is time to return to the Lord Justice whose Service the King had occasion to make use of in England and in several Foreign Embassies in all which he behaved himself honourably He was succeeded in Ireland by William Vescy 15 Novemb. 1290. Lord Justice Whose Government was disturbed by O Hanlon in Vlster and O Mlaghlin in Meath who were again in Rebellion but Richard Earl of Vlster had the good Fortune to suppress O Hanlon with a few Blows and the Lord Justice did as much for O Mlaghlin and pursued him so close that at last he was taken and slain by Mac Coughlan who grew so proud upon that Service that he set up for himself and gave a great Defeat to William Burk at Delvin and to the English in Ophaly And tho' the King in the thirteenth Year of his Reign had a Grant from the Pope of the Tenth of all Ecclesiastical Revenues in Ireland for seven Years toward the Holy War which was followed with a Grant of a Fifteenth from the Temporality yet now upon the Expiration of that Grant he wrote to the Bishops and Clergy for a Dism of their Spiritualities to defray his Debts in redeeming his Nephew Charles But they unanimously answered Quod concessioni petitionis praefatae minime supercederent But Cambden assures us That the Temporality granted another Fifteenth To this Lord Justice Cambden 78. Baliol King of Scotland did Homage for some Lands he held in Ireland and about the same time it was ordered 4 Inst 356. That the Treasurer of Ireland should account yearly at the Exchequer of England 1293. And the same Year came over Gilbert de Clare Earl of Glocester whose Wife Joan of Acres was the King's Daughter But now there arose great Feuds between John Fitz-Thomas Fitz-Girald Lord of Ophaly and the Lord Justice whereupon the Lord Justice did underhand encourage the Irish to do all the Prejudice they could to Fitz-Girald and his Partisans hence arose mutual Complaints and reciprocal Impeachments so that both of them went or were fent for into England But it will not be unpleasant to the Reader to have the Particulars of this famous Controversie in the Words of Holingshead The Lord Justice hearing many Complaints of the Oppressions the Country daily received Holingshead 35 which he thought reflected on him and insinuated his male Administration therefore to disburthen and excuse himself he began in misty Speeches to lay the Fault on the Lord John Fitz-Giralds Shoulders saying in parable wise That he was a great occasion of these Disorders in that he bare himself in Private Quarrels as fierce as a Lyon but in these Publick Injuries as meek as a Lamb. The Baron of Ophaly spelling and putting these Syllables together spake after this Manner My Lord I Am heartily sorry that among all this Noble Asembly you make me your only Butt whereat you shoot your Bolt and truly were my Deserts so hainous as I suppose you would wish them to be you would not labour to cloud your Talk with such dark Riddles as at this present you have done but with plain and flat English your Lordship would not stick to impeach me of Felony or Treason for as mine Ancestors with
the King appointed no small Provision was made for so eager a Combat as that was presupposed to have been But when the prefixed Day approached near Vescie turning his great Boast to small Roast began to cry Creak and secretly sailed into France King Edward thereof advertised bestowed Vescies Lordships of Kildare and Rathingan on the Baron of Ophaly saying That albeit Vescie conveyed his Person into France yet he left his Lands behind him in Ireland Mr. Pryn makes an Observation on this Case Pryn 259. as if an Appeal between Vescie and Fitz-Girald in Ireland had been adjourned to England But to make the Remark useful it is necessary not only to consider what he says but also to consult the Records which he cites William Hay 1294. Lord Deputy to whom a Writ was sent to admit Thomas Saintleger Bishop of Meath to be of the Privy Council And not long after John Fitz-Thomas return'd to Ireland big with Glory and Success which transported him to a Contempt of all his Opposers he began with Richard Burk Cambdens Ann. Earl of Vlster whom together with William Burk he took Prisoners in Meath by the assistance of John Delamere and confined them to the Castle of Ley. But he had not so good luck in Kildare which was made the Seat of the War so that between the English and Irish it was entirely wasted the Castle of Kildare was also taken and the Records of that County burnt by Calwagh Brother to the King of Ophaly And these Misfortunes were accompanied with great Dearth and Pestilence William Dodingzel Lord Justice found Work enough to struggle with these Difficulties and the rather because John Fitz-Thomas appeared again with a great Army in Meath But the Parliament soon after met at Kilkenny 1294. and obliged him to release the Earl of Vlster taking his two Sons Hostages for him And it seems that this did not satisfie the Complainants but that they impeached him at the Parliament in England Lib. GGG 23 E. 1. for divers Offences and Felonies done in Ireland Lambeth He protested he could clear himself by Law but because he would not Prin 259. cum ipso Domino Rege placitare he submits himself wholly to the King's Favour 1295. into which he was received upon Pledges for his future demeanour and 't is probable he was also obliged to release his Claim to the Castle of Sligo and other his Lands in Connaught which was the Occasion of all this Stir About Easter the King built the Castle of Beaumorris in Wales 1295. for the better security of a Passage to and from Ireland And about the same time Bishop Vsher's life 34. the King required Aid to marry his Sister to the Emperour and such as did contribute thereunto are mentioned in the Pipe-Rolls of the Exchequer In the mean time on the third Day of April the Lord Justice died and during the Interval of Government the Irish made use of the Opportunity and wasted great part of Leinster burnt Newcastle and many other Towns But at length the Council chose Thomas Fitz-Maurice Fitz-Girald Lord Justice he was nicknamed Nappagh Simiacus or the Ape because when his Father and Grand-Father were murdered Frier Russel M. S. at Calan the Servants on the news of it run out of the House as if distracted and left this Thomas in the Cradle whereupon an Ape which was kept in the House took up the Child and carried him to the top of the Castle of Traly and brought him down Safe and laid him in the Cradle to the admiration of all the Beholders This Lord Justice was Father of the first Earl of Desmond and was so great a Man that he is often styled Prince and Ruler of Munster But it seems he supplyed the Place of Lord Justice but a very short time for John Wogan 1295. Lord Justice arrived from England on the eighteenth of October He made a Truce for two Years between the Burks and the Giraldines and received a Writ to take the Fealty of the Abbot of Owny in the County of Limerick and having called a Parliament which it seems setled Matters to his Mind he went with a smart Party to aid the King in Scotland His Majesty nobly feasted them at Roxborough Castle and they in requital did the King very good Service But that you may see what sort of Parliaments were in Ireland in those Days I will present the Reader with a List of this Parliament Richard de Burgo Earl ofVlster Geofry de Genevil John Fitz-Thomas afterwards Earl of Kildare Thomas Fitz-Maurice Nappagh Theobald le Butler Theobald de Verdun Peter de Brimingham of Athenry Peter de Brimingham of Thetmoy Eustace de Poer John de Poer Hugh de Purcel John de Cogan John de Barry William de Barry Walter de Lacy. Richard de Excester John Pipard Water L'enfant Jordan de Exon. Adam de Stanton Symon de Phipo William Cadel John en Val. Morris de Carew George de la Roch. Maurice de Rochfort Maurice Fitz-Thomas of Kerry William de Ross 1296. Prior of Kilmainham was left Lord Deputy to Wogan but either the Irish did not fear him being a Clergyman or they thought this a time of Advantage whilst the Lord Justice and many of the Nobility and best Soldiers were in Scotland and therefore to improve it as they were used to do they rose in Rebellion in several Places Those of Slewmargy burnt Leighlin and other Towns 1297. But O Hanlon and Mac Mahon met with more Opposition in Vrgile for they were both slain John Wogan 1298. Lord Justice returned again from Scotland in October and throughly reconciled the Burks and the Giraldines and kept every thing so quiet that we hear of no Trouble in a great while except some Disturbance the Irish gave to the Lord Theobald de Verdun in attacking his Castle of Roch. Pollard Mony was now decryed both in England and Ireland 1300. and the King did again enter Scotland and sent to Ireland for Aid and wrote not only to the Lord Justice but also sent particular Letters to every one of the Nobility to attend him Whereupon the Lord Justice accompanied by John Fitz-Thomas Peirce Brimingham and many others made a second Expedition into Scotland with good Success In the mean time part of the City of Dublin and particularly S. Warberg's Church was burnt on S. Colme's Eve and the Irish were again at their usual Pranks taking Advantage of the Lord Justices absence who I suppose did again depute William de Ross and in Winter assaulted and burnt Wicklow and Rathdan 1301. but they were well paid for their pains and in Lent had been ruin'd but for the Dissention and Discord of the English and in the Harvest before some of the Irish also had their share of Civil Discord for they fell out amongst themselves so that the O Phelims and O Tools slew three hundred of the Birns
to defend the Realm against the Scots was sent for to England and Sir Theobald de Verdon was made Lord Constable or Justice of Ireland Prin 259. 31 Dec. 1314. In whose time the King sent John de Hothum Clerk into Ireland to treat with the great Men there about the Kings Affairs and by him sent Writs in the Nature of Letters of Credence to Richard Earl of Vlster and all the rest of the Nobility by Name and a general Writ or Letter to the Lord Justice and the great Officers of State to the same effect Ibid. 260. and another Writ to assist him and to summon the Nobility to a general Meeting that Hothum might communicate the Kings Pleasure unto them He also sent Writs to the Lord Justice the Earl of Vlster and several other great Men to attend his Parliament in England and to appoint a sufficient Deputy or Keeper of Ireland till their Return Prin 261. And because the Words Vestrumque Concilium impensuri are omitted Mr. Prin observes rightly that these Irish Lords went as Commissioners or Agents from Ireland to inform the King and Parliament of the state of Affairs there and did not go to serve in Parliament as my Lord Cooke would have it 4 Inst 350. I do not find whether the Lord Justice went or not nor if he did what Deputy or Keeper of Ireland was appointed in his room but whoever had it did not keep the Office long for on the 27th of Febr. Sir Edmond Butler Frag. 5. 1315. Lord Justice returned and soon after viz. on the 25th of May 1315 Edward Bruce and six thousand Scots Landed near Carigfergus in Vlster with them joyned several of the Irish and together they marcht to Dundalk which they took and burnt on the 29th of June they also spoil'd Vrgile and drove most of the English out of Vlster To oppose them an Army was rais'd which rendezvouz'd at Dundalk July 22. But whether it were that the Scots were retired or that the English Commanders could not agree the Lord Justice return'd to Dublin and left the Earl of Vlster to pursue the Scots with whom that Earl had a Battel near Colrain Camb. 169. on the 10th of September and was defeated and many of the English slain and William Burk John Stanton and others were taken Prisoners This great Loss could not be recompensed with the slaughter of forty Scots which was performed by some English Mariners and therefore Bruce to follow his Blow caused his Army to besiege Carigfergus Septem 15. and sends his Brother William Bruce into Scotland for a Supply 1315. In the mean time the Irish every where insult over the unfortunate English and generally rebel throughout Vlster and Connaught they burnt Athloan October and Randan and Cathol Roe O Connor razed three Castles of the Earl of Vlster's in Connaught In November following the English under Roger Mortimer 1315. had another Battel with the Scots at Kenlis in Meath and were routed with great Slaughter by the Treachery of the Lacies Hereupon Bruce burnt Kenlis Granard Finagh and Newcastle and came to Loghsendy where he kept his Christmas and afterwards also burnt it thence he marched through the County of Kildare unto Rathingan Kildare Castle-Dermond Athy Raban and Sketheris where the Lord Justice accompanied by the Lord John Fitz-Thomas and many others encountred him on the 26th of January and was defeated by reason of some unhappy Fewds and Misunderstandings in the English Army Hereupon the Irish of Munster and Leinster rose in Rebellion and the Birns Tools and Moors burnt the Countrey from Arclow to Leix but the Lord Justice gave them a Rebuke and brought fourscore of their Heads to the Castle of Dublin Ireland being in so tottering a condition the King sent Sir John Hotham over again to take the Oaths and Hostages of the Nobility and Gentry that still remained loyal which was accordingly performed by the Lord John Fitz-Thomas afterwards Earl of Kildare Cambd. 171. Richard de Clare Maurice afterwards Earl of Desmond Thomas fitz-Fitz-John Poer Arnold le Poer Febr. 4. Maurice Rochford David and Miles de la Roch and many others 1315. And now both Armies were early abroad The Scots having burnt the Castle and Church of Ley did on the 14th of February rendezvouz at Geashil as the English did the same day at Kildare But the Scots for want of Provision were forced to return to Vlster nevertheless in their way they took Northburgh Castle and then sate down in their Quarters to that degree of quietness that Bruce kept Court and held Pleas there as if it were in times of the most profound Peace For the English Army had work enough nearer home and therefore the Lord Justice on the Scots retreat did likewise return to Dublin and there summoned a Parliament or general Assembly which reconciled some great Men then at odds cleared Walter Lacy of the Treachery imputed to him and established the Measures of carrying on the War And it was wisely done to begin with the Moroughs Tools and other Mountaineers of the County of Wicklow because they daily infested the City of Dublin and had destroyed both the Town and Country of Wicklow and because the Army was not strong enough to secure the City and at the same time to pursue the Scots 1316. the Success justified their Conduct for in April the Tories were defeated However the Scots were not so much neglected but that the Lord Thomas Mandevil was appointed to have an eye to them but he could but skirmish with them which he did valiantly Camb. 172. and kill'd Thirty Scots in one Encounter and was himself slain in another But Bruce came over with fresh Supplies from Scotland and so despised the small force of the English that in May he caused himself to be Crowned King at Dundalk 1316. and thereupon grew so insolent that he spared neither Churches nor Abbeys Women or Children found no Mercy at his hands but on the contrary he destroyed all that opposed him or that belonged to the English and he burnt great part of the Countrey as the Irish did the Church of Athird It was high time to encourage the English to their defence and the defence of the Kingdom and therefore as well to reward for Services past 1316. as to engage them for the time to come Selden 838. says Kildare's Patent is the ancientest Form of Creation he had seen the Lord Justice was made Earl of Carrick and John Fitz-Thomas was made Earl of Kildare May 14. 9 Ed. 2. and others received other Favours from the King The Burks and Geraldines were reconciled and every one in his station set himself manfully to the preservation of the Kingdom Richard de Clare and Bremingham had the better of the Irish in Connaught and slew many of them and about Whitsontide made a Sally into Munster and kill'd three hundred Irish there and the
Whitsontide Prin 263. that Earl first taking an Oath on the Sacrament neither by himself his Friends or Followers to grieve those of Dublin for his Apprehension To all these Misfortunes was added that of a prodigious Dearth Wheat was sold for three and twenty Shillings the Cronoge Lib. P. Lambeth Oats six Shillings and Wine eighteen pence a Quart and other things proportionably so that many died for want The Lord Justice 1317. about Whitsontide marched to Tredagh and thence to Trim and sent for the Lacies who not only refused to come but murdered the worthy Messenger Sir Hugh Crofts but the Lord Justice soon revenged that Affront for he wasted the Lands and seized on the Goods of the Lacies slew many of their Men and drove themselves into Connaught and proclaim'd them Traytors and so return'd to Dublin by the way of Tredagh The Lord Justice had now leisure to assail O Fervil Cambd. whom he soon forced to submit as did also soon after O Birne tho' not till there was â—irst a Battle between the Lord Justice and the Irish of Omayle wherein the Irish were worsted In October the Archbales or Aspoles submitted to the Earl of Kildare and gave Hostages of their good Behaviour and in February Sir Hugh Canon Chief Justice of the Court of Common Pleas was murdered by Andrew Brimingham between the Naas and Castlemartin The Pope by his Bulls commanded a two years Truce betwixt the English and Scots but Bruce whose Quarters probably were so destroyed that they could not afford him subsistance refused to consent thereunto For about this time the Irish of Vlster were reduced to so great want that they took dead Folk out of their Graves Cambden and boyl'd their Flesh in their Skulls so that by reason of Famine and Sickness there escaped but three hundred of ten thousand men which were in Arms which my Author says was a Judgment on them for eating Flesh in Lent and other Wickednesses Not were the Men of Connaught in a mnch better condition for there happened a Feud between two of the Irish Princes there which occasioned the Slaughter of four thousand of their Followers On Shrove-Sunday the Lord Justice kept a great Feast in the Castle of Dublin and dubbed John Mortimer and four others Knights After Easter the Lord Justice received Command to repair to the King but before he went he had the bad News that the Lord Richard de Clare Sir Henry Capel Sir Thomas de Naas 1318. and two of the Cantons and fourscore others were slain by O Bryan and Macarthy on the 5th of May. This Lord Justice caused John de Lacy to be press'd to Death at Trim because he would not plead to the Indictment against him and then a Month after Easter he went for England being a thousand pound in debt to the Citizens of Dublin and he left in his room William Fitz-John 1318. Archbishop of Cashel Governor of Ireland in whose time great Plenty was again in that Kingdom and which was very strange new Bread was to be had on St. James's Day which was made of New Wheat of the same years growth Alexander Bicknor who was confirm'd Archbishop of Dublin was also sent over Lord Justice He landed at Youghal the 7th of October and soon after Bruce with about three thousand Men came to the Fagher within two Miles of Dundalk The Lord John Brimingham whom the Justice made General with many brave Captains and one thousand three hundred and twenty four good Souldiers marcht from Dublin to encounter him Cambd. 178. and they managed the Conflict so valiantly that they slew Bruce and two thousand of his Men On Calixâ—us Day and the General carried his Head to the King and was therefore made Earl of Louth and had twenty pound per annum Selden Titles of Honour Creation-Money and the Mannor of Athird granted to him Et sic per dextram Dei manus communis Populi liberatur populus Dei à servitute machinata praecogitata Lib. rub Scac. Dub. and so ended the Scotch Government in Ireland It is observable that the Primate of Armagb was at this Battel and came purposely to absolve bless and encourage the Royalists and it ought not to be forgot that a valiant Captain John Maupas was so resolute to destroy the usurping Prince that he rushed into the Battel with that Design and was after the Fight found dead stretcht on the dead Body of Bruce Roger Mortimer 1319. Lord Justice return'd from England and about Allhallontide the Pope sent over Bulls to excommunicate Bruce at every Mass The Towns of Atheisel and Plebs were burnt by John Fitz-Thomas Nappagh and the Bridges of Leighlin and Kilcullen were in this or the following year built by Maurice Jake Cannon of Kildare but it was not long before the Lord Justice made another Voyage to England and left in his room Thomas Fitz-John Fitz-Girald 1320. Earl of Kildare in whose time Bicknor Archbishop of Dublin obtained Bulls from Pope John 22th to erect an University at Dublin and St. Patrick's Church was appointed to be the publick place of their Exercise and it is observable that the King granted to this Earl of Kildare Lib. GGG Quod possit recipere ad Legem Angliae omnes homines Hibernos Tenentes suos qui ad eandem venire voluerunt Nor must it be forgotten 1319. That Pope John the 22th did by his Bull 12 Ed. 2. acquit and discharge the Crown of England from the Tribute or Peterâ— pence Lib. ZZ Lameth claim'd by the Holy See out of the Kingdoms of England and Ireland On the Ninth Day of May 1321. the People of Leinster and Meath gave a great Overthrow to the O Connors at Balibogan Frag. 7. and the Earl of Carrick died about the same time at London and was buried at Gauran not far from Kilkenny and not long after John Bermingham 1321. Earl of Louth was made Lord Justice Rex concessit Johanni Comiti Louth Officium Justiciarii Regis Hibern cum Castris aliis Pertinentiis 14 Ed. 2 par 2. Pat. in Tur. Lond. durante beneplacito Percipiendum per annum ad Scaccarium Regis Dublin 500 Marcas pro quibus Officium illud Terram custodiet erit ipse unus de viginti hominibus ad Arma cum tot equis coopertis continue durante custodio supradict The King on the Third of April 1322. in the 15th Year of his Reign wrote to the Lord Justice to meet him at Carlisle in Octab. Trin. following with three hundred Men at Arms a thousand Hoblers and six thousand Footmen armed with a Keton Lib. Lambeth a Sallet and Gloves of Mayl to serve against the Scots besides three hundred Men at Arms which Richard de Burgo Earl of Vlster had for his own share undertaken to conduct and though the English suffered a Defeat by O Nolan so that
alias Castlemore Rathgogan Bever Shandon Dofglass Ocorbelethan Kyrricurry c. and though it is manifest by innumerable Records That the Kingdom of Cork did by the Heirs General descend to Carew and Courcy who are charged in the Exchequer for the Crown-Rent of it for many Years viz. sixty Pound a piece per annum yet this Conveyance from Cogan the Heir-Mail was Pretence enough in those Times for the powerful Earl of Desmond to seize on that great Estate Richard Talbot 1440. Archbishop of Dublin was again Lord Justice and held a Parliament at Dublin Friday after the Feast of S. Dunstan at which it was enacted I. That no Purveyor or Harbenger should take any thing without Payment And if he did the Proprietor might resist II. That Comrick or Protection of Tories be Treason III. That charging the Kings Subjects with Horse or Foot without Consent is Treason IV. That the Party who desires a Protection cum clausa Volumus shall make Oath in Chancery of the Truth of his Suggestion c. But to make Provision for War Davis 52. in lieu of the former Exactions it was enacted That every twenty Pound-worth of Land should be charged with the furnishing and maintaining an Archer on Horseback This Lord Justice resigned to James Eaâ—l of Ormond Lord Lieutenant who the same Year surrendred to Lion Lord Wells Lord Lieutenant who probably did not come to Ireland but deputed James Earl of Ormond Ware de Praesulibus 170. Lord Deputy He had the Temporalities of the See of Cashel granted to him for ten Years after the Death of O Hedian and kept the Government of Ireland until William Wells 1442. Esq was made Lord Deputy to his Brother the Lord Wells Ibid. 115. In his time a Parliament was held at Dublin which sent Richard Talbot Archbishop of Dublin and John White Abbot of S. Maries to the King to represent the Miserable Estate and Condition of Ireland whereby the Publick Revenue was reduced so low Lib G. that it was less than the necessary Charge of keeping the Kingdom by one thousand four hundred and fifty six Pounds per annum And soon after James Earl of Ormond was made Lord Lieutenant 1443. and 23 Hen. 6. obtained a Licence to be absent for many Years without incurring the Penalty of the Statute of 3 Rich. 2. of Absentees and to him a Writ was sent 20 H. 6. to eject John Cornwalsh and to place Michael Griffin Chief Baron in his room because the King had granted him that Office for Life though the other had a prior Patent from Ormond This Lord Lieutenant was a fast Friend to the Earl of Desmond who probably was of his Faction against the Talbots between whom and the Butlers the Feud was so great so general and so violent that no Justice could be had or any business done for a long time because either Party as it got Advantage oppressed the other 23 Hen. 6. in Turri London pars 2. m. 12. to the utmost degree It was about this time that James Earl of Desmond obtained a Patent for the Government or Custody of the Counties of Waterford Cork Limerick and Kerry And not long after for his good Service in keeping those Counties in Peace and upon Pretence that he could not conveniently be absent from that Charge and that it was dangerous for a Man so hated by the King's Enemies as he pretended to be to travail to Dublin he obtained a Licence To absent himself during Life from all future Parliaments sending a sufficient Proxy in his stead And also to purchase any Lands he pleased by whatsoever Service they were holden of the King And this is the true Foundation and all the Grounds of that fantastical Privilege claimed by the succeeding Earls of Desmond Of not coming into walled Towns nor to Parliament but when they please And since that time this Example has been so infectious that it is no strange thing in Ireland to find a Tenant at Will pretend a Title and a Lessee to claim an Inheritance and he that has a Right to something confidently to usurp more But the Faction of the Talbots began to get Ground among the People it being in the nature of Mankind to be mutinous against an uneasie Government be the Fault where it will for the Multitude consider what they feel and cannot penetrate into the Cause or Cure of their Grievances and therefore they naturally fall upon the most obvious Remedy which is the change of the Governour In order to remove the Lord Lieutenant some of the Lords and more of the Commons petitioned the King seting forth That the Earl of Ormond was old and feeble and had lost many of his own Castles for want of Defence and therefore was not likely to maintain much less enlarge the King's Possessions in Ireland Secondly That he made such of his Irish Servants Knights of Shires as would not consent to any good Law and that he dispensed with the Absence of the Lords from Parliament for Mony Thirdly That he sent several Subjects Prisoners to O Dempsy's Castle and forced them to pay Ransom Lib. M. And therefore they desired he might be superseded and at length prevailed to have it so although the Bishop of Cork and Cloyne the Dean and Chapter of Cork the Corporations of Cork and Youghal the Lords Barry Roch and others gave a full Testimonial of the great Services the Earl of Ormond had done And John Talbot 1446. Earl of Shrewsbury was not only made Lord Lieutenant but also on the seventeenth of July 24 Hen. 6. the King granted to him the City and County of Waterford and the Dignity and Stile of Earl of Waterford together with Jura Regalia Wreck c. from Youghal to Waterford because that Country is wast Et non ad proâ—icuum sed ad perditum nostrum redundat And the Patent is Per breve de Privato Sigillo authoritate Parliamenti This Lord Lieutenant held a Parliament at Trim 1447. on Friday after the Epiphany at which it was enacted I. That any Officer may travail by Sea from one Part of Ireland to another without forfeiture or any where with Licence II. That no Toll or Customs shall be taken in High-ways but only in Cities and Towns according to Right on Pain of paying twenty Shillings for every Peny III. Every Man must keep his Upper-Lip shaved Repealed 11 Car. 1. cap. 6 or else may be used as an Irish Enemy IV. If any Irishman that is denized Repeal ibid. kill or rob he may be used as an Irish Enemy and slain by this Act appears the Inconvenience of those Denizations V. Against unlawful coyn Repeal ibid. O Reyly's Mony clipt Mony and gilt Harness or Armour VI. That the Sons of Husbandmen and Labourers shall follow their Fathers Calling or Occupation VII That Lords of Parliament in Pleas Real or Personal shall not be amerced more than others VIII To
in many other high Regards 't is Expedition alone that can answer the Anxieties which England must be in for Your Majesty's Absence And seeing Your Majesty will leave behind that Great Pledge Your Royal Consort and our most Gracious Queen Your Majesty will not want Your own Anxieties also for a speedy Return But that it may be with such Laurels as may bring Terror to France with Triumph to Your own Kingdoms and a happy Restitution of Your poor Protestant Subjects of Ireland to their Native Homes is the most fervent Prayer of GREAT SIR Your Majesty's most Dutiful most Loyal and most Devoted Subject and Servant R. COX TO THE READER YOU have here a History of great Variety and much Intrigue It takes in a large Space of Time of above Fifty Years and begins at the End of one War and ends with the Close of another The long Interval between these Two Periods being almost Forty years was spent in a profound Peace the short Commotion of O Dogharty only excepted and in promoting all those Blessings of Plenty and Good Laws which the Industry of the English could accomplish But the subsequent Part of the Time was according to Bishop Usher's Prophetical Sermon Preach'd Anno 1601. turn'd into a Scene of Blood Treachery and Desolation which overturned all The Roots of that so great Cruelty and Universal Defection are already hinted at in the Preface of my Former Part by those Differences there set forth of Nation Interest and Religion Upon King James his Accession to the Crown the Irish were surfeited with War so that all things in that Kingdom had a tendency to Peace And tho' a Rumor spread abroad and believ'd by the Irish That the King was of their Religion put some of the principal Towns into a Commotion yet the Diligence and Expedition of the Lord Deputy did soon appease that Storm and reduce the Disobedient to their Duty And tho' the natural Inclination of that King to Peace was a great Temptation to the Irish to try their Fortune with him in a War and accordingly the Lords Tyrone and Tyrconell and Sir Cahir O Dogharty attempted it yet the Rebels were always baffled in their Undertakings by the Diligence Wisdom and Courage of those to whom the King entrusted his Irish Affairs And indeed both King James the First and King Charles the First did take a particular Care to put the Government of Ireland into such Hands as were worthy of it and underwent the Administration thereof with Advantage to that Kingdom and Honor to themselves The First was the Lord Montjoy whom King James found Deputy and soon after made Lord Lieutenant This Lord was thought in England to be a better Courtier than a Soldier but when he came to Ireland he proved the best Soldier that Kingdom had seen in many Years It was he that found out the true Way of making War with the Irish For being well supplied with Necessaries from England he plainly saw that if he could attack them at a time when they wanted all Conveniences to keep the Field he could meet with very little or no Resistance and therefore he supplied his Frontier Garisons with Men and Provisions and they by their frequent Excursions did such Execution on the Persons and Estates of the Irish that by One Winters War he reduc'd them to the Necessity of eating one another and forced their Ringleader the Earl of Tyrone to submit to his Mercy and so made an end of that Rebellion His Successor or rather Deputy Sir George Cary was Treasurer at Wars and a worthy Gentleman but nothing of extraordinary moment hapned during his Government The next was Sir Arthur Chichester afterwards Lord of Belfast one well experienc'd in the Affairs of Ireland whereof he held the Chief Government for Eleven Years He was a good Soldier and a true Englishman and did Three great Things towards a Reformation The First was his Management of the most stubborn Parliament that ever was in that Kingdom which nevertheless he prevail'd with to Attaint the Earls of Tyrone and Tyrconell Sir Cahir O Dogharty and others and to make an Act of Recognition and to give the King a Subsidy And the Second was the Plantation of the Forfeitâ—d Estates in Ulster which he very much influenc'd and promoted And the Third was the Reviving and Restoring the Circuits for Judges of Assize in both the Provinces of Conaught and Munster The Lords Justices Doctor Jones Archbishop of Dublin and Lord Chancellor and Sir Richard Wingfield were Men Famous in their respective Faculties and are Founders of the Noble Families of the Earl of Ranelagh and Viscount Powerscourt And Sir John Denham Lord Chief Justice was not less Renowned than either of Them by reason of his great Learning in his Profession to which the Crown owes the first Advancement of that Considerable Branch of the Revenue arising by the Customs in Ireland The next Lord Deputy was Sir Oliver Saint John afterwards Viscount Grandison a Person Nobly descended and of a generous Temper He had given great Proof of his Courage and Conduct at the Battel of Kinsale and was not inferior to any of his Predecessors in a sincere Concern for the Protestant Religion and the Good of the Kingdom but he hapned in an ill time as did also his Successor the Worthy Lord Falkland whilst the Spanish Match was in agitation So that both these brave Men by the Clamour of the Irish and the prevailing Power of their Popish Enemies came away in Disgrace But their Innocence being afterwards vindicated as it was this Affront was in some measure atton'd for by the subsequent Favour of the King The Lords Justices that received the Sword from the Lord Falkland were the Viscount Loftus of Ely Lord Chancellor one of great Parts and Merit and the Noble Earl of Cork Lord High Treasurer who was one of the most extraordinary Persons either That or any other Age hath produced with respect to the great and just Acquisitions of Estate that he made and the Publick Works that he began and finished for the advancement of the English Interest and the Protestant Religion in Ireland as Churches Alms-Houses Free-Schools Bridges Castles and * Lismore Tallow Cloghnakilty Iniâ—keen Castletown Bandon which last Place cost him 14000 l. Townsâ— Insomuch that when Cromwel saw these prodigious Improvements which he little expected to find in Ireland he declared That if there had been an Earl of Cork in every Province it would have been impossible for the Irish to have rais'd a Rebellion And whilst he was carrying on these solid Works he lived in his Family at a Rate of Plenty that exceeded those who consumed great Estates in the lavish ways of ill-ordered Excess His †God's Providence is my Inheritance Motto shews from whence he derived all his Blessings the greatest of which was the Numerous and Noble * Earl of Burlington and Cork Viscount Kinalmeky Earl of Orrery Viscount Shannon Robert
he was one of the forwardest in disturbing the Lord Deputy with importunate and impertinent Petitions and refused to carry the Sword before him to Church he had formerly mis-behaved himself before the Lord Duputy at the time of the Gun-powder-Treason and he quarrelled with the Lord Barry in the Deputies Presence and the Lord Roch Delvin Trimletsowne and Slane were not less troublesome Sir Walter Butler Girald Nugent Sir Thomas Burk John Moore Richard Wadding and Boetius Clancy had their share in these Seditions and Thomas Lutterell had the Confidence to make Comparisons with the Earl of Thomond even in the Lord Deputies Presence But it will be pertinent to our Design O Sullivan 237. and not unpleasant to the Reader to hear O Sullivan give an Account of this Parliament which he says was observable for the Cruelty of the Protestants and the Civil resistance of the Catholicks And first he tells you That when the Senate meddles with Religion it becomes a wicked Conventicle rather then a Parliament that the Old Irish Grandees had Hereditary Voices in Parliament long before the English Conquest but are now denied them unless they have English Titles which alone makes the English Parliament in Ireland void since the principal Members are excluded The Catholick Bishops are serv'd in the same manner and the Heretical Usurpers of their Sees and Titles vote in Parliament in their stead The Protestants thought the Advancement of those Laws which they had made against Christ in England to be the readiest way of suppressing the Catholick Religion in Ireland if they could get them Enacted here but knowing the Catholicks would be most numerous in Parliament they us'd all imaginable Artifices of force and fraud to get Protestants unduly return'd they Elected their new Colonies into Burroughs and Counties to encrease the number of Heretical Parliament men they made small Villages into Corporations and made Porters Barbers and Strangers Burgesses for those Corporations and caused four Ministers to represent the Clergy of every Diocess nevertheless many Irish Gentry were chosen whom the People Men Women and Children desir'd to take Care of Religion assuring them That all should be void that should be Enacted against the Catholick Faith and when the day came most of the Irish Gentry thô not Parliament men came to Dublin that they might be ready there upon the place where their highest Concern viz. Religion was to be debated least perhaps any thing should happen contrary to Expectation The Catholicks were troubled because they could not find out what was to to be treated of in Parliament till at length they got sight of a Bill to expel the Catholick Clergy and the Titles of eleven Bills more viz. 1. For the building a convenient Prison for Noble Men in the Castle of Dublin 2. For disarming Idlers 3. About O Murroughs Lands 4. Against Marriage between Irish and Scots I suppose says he for fear they should joyn against the English 5. For banishing Hamilton and Wart if they refuse the Oath of Supremacy 6. That the Sallaries be continued to the new Pensioners tho' they refuse the Oath 7. For the distribution of the Money forfeited by Recusants 8. That the Children of Noble Men be sent into England 9. That stubborn Corporations shall loose their Franchises 10. The Recusants shall pay two Shillings a Sunday 11. For the more Cautious issuing of Excommunications for before that Sullivan 241. English would kill an Excommunicated Catholick says he But the Cathalicks resolving to resist even to Death thought of two ways First To hinder the meeting of the Parliament if possible and Secondly If it met not to receive or admit of the Heretick Parliament men because not Inhabitants in the Towns that chose them And with this Design they went to Dublin where all the Catholick Clergy also went to encourage the Gentry in this Holy Resolution On 18th May 1619. Caecos diaboli ministros The Parliament met at the Castle of Dublin and first the Lord Botevant carried the Sword before the Deputy to Church to hear the blind Ministers of the Devil and that being over when they came to the Castle the Guard disarmed the Nobility and Gentry as they entered but some resisted and did not part with their Arms and others that did â—ad other Arms secretly about them No sooner they State but the Soldiers were drawn into a Body in the Yard to terrifie the Catholick Members who in the upper House were less in number then the Protestants however resolv'd rather to dye which they expected then to forsake the Catholick Religion but if they had died for it The Gentlemen and Citizens then in Dublin assembled from all parts of the Kingdom had certainly reveng'd their Deaths and now the Eyes even of the English Irish were open and they cursing their former Folly in helping the Heretick would have repair'd it by a hearly Conjunction with the Old Irish now 〈◊〉 And afterwards he says That when the Papists refus'd to sit in the Parliament the Deputy did not dare to proceed without them not did he dare to force them because the Papists had many Friends in Town ready armed and the Deputy feared a General defection if he had proceeded my farther and then he says the SOUNDER part of the Clergy always oppos'd the Attaindâ—re of O Neal O Donell c. And the Archbishop of Tuam wrote a notable Letter against it but the worser part of the Clergy he means those of English Extraction perswaded the Popish Members to Consent to that Act but it is time to leave this whilsting Fellow and return to the true History of this Affair The Lord Deputy having Notice that several Papists that were not duly chosen Lib. C. nor return'd Members of Parliament did nevertheless intend to intrude into the House did on the 17th day of May being the last day of the Term cause Proclamation to be made in the four Courts that all those who knew themselves to be duly Elected Parliament then should attend the Lord Deputy and Council at Three a Clock that Afternoon at the Castle and accordingly most of them came Whereupon the Lord Deputy and Council sitting in the open Court of the Castle caused the Chancery Clerk of the Crown to call over the Names of those that were returned to serve in the approaching Parliament and that being done they caused Proclamation to be made that no Body should presume to come into the Parliament House but such as were return'd as aforesaid And 〈◊〉 on the next day 1613. being the 18th day of May the Parliament met and the Lords House was supplyed by the Earls of Kildare Ormond Thomâ—â—â— and Clanrickâ—â—dâ— and Viscounts of Buttevant Formâ—â— Gormanstoâ—â—â—â— Mountgarrets and Tullagh and the Barons of Athenry Kingsale Kerry Slane Killeen Delvin Dunboyn Houth Triâ—â—etsowne Poer Cahir Dunsany Louth Uppâ—r Ossery Castle Connel and 〈◊〉 Besides Twenty five of Protestantâ— Archbishops and Bishops that were present and the
Lord Deputy He was sworn on the Third of April and was an intimate Friend of the Lord Lieutenants and was suspected to have imployed Agents to raze out of the Journal-Book of the House of Commons some Instructions that were agreed upon by that House for a Committee to Impeach the Earl of Strafford but it is certain he did what he could to hinder that Committee from going to England And besides Persuasions Rushw 469. he proceeded to forbid them that voyage upon their Allegiance Nevertheless they all got away privately some from one Port and some from another and came safely to England This Committe were the Lords Gormanstowne Killmallock Costilo and Baltinglass for the Upper House Nicholas Plunket Sir Robert Digby Richard Fitz-Gerrald and Nicholas Barnwall for Leinster Sir Hardress Waller John Welsh Sir Donough mac Cartby for Munster Robert Linch Geoffry Browne and Thomas Burk for Connught and Sir William Cole and Sir James Mountgomery for Ulster and they carried with them a Remonstrance from the Irish Parliament against the Earl of Strafford whom they prosecuted effectually and were under-hand so to do by the Discontented part of the Parliament of England And because this Remonstrance contains a great part of the History of those Times I have thought necessary to add it in haec verba To the Right Honourable the Lord Deputy The Humble and Just Remonstrance of the Knights Citizens and Burgesses of the Parliament Assembled SHEWING THat in all Ages since the happy Subjection of this Kingdom to the Imperial Crown of England Rushw 11. it was and is a Principal Study and Princely Care of His Majesty and His Noble Progenitors Kings and Queens of England and Ireland to the vast Expence of Treasure and Blood that their Loyal and Dutiful People of this Land of Ireland being now for the most part derived from British Ancestors should be Governed according to the Municipal and Fundamental Laws of England that the Statute of Magna Charta or the Great Charter of the Liberties of England and other Laudable Laws and Statutes were in several Parliaments here Enacted and Declared that by the means thereof and of the most prudent and benign Government of His Majesty and His Royal Progenitors this Kingdom was until of late in its growth a flourishing Estate whereby the said People were heretofore enabled to answer their humble and natural Desires 〈◊〉 comply with His Majesty's Princely and Royal Occasions by their Free Gift of One hundred and fifty thousand pounds Sterling and likewise by another Free Gift of One hundred and twenty thousand pounds more during the Government of the Lord Viscount Faulkland and after by the Gift of Forty thousand pounds and their free and chearful Gift of Six intire Subsidies in the Tenth Year of His Majesty's Reign which to comply with His Majesty 's then Occasions signified to the them House of Commons they did allow should amount in the Collections unto Two hundred and Fifty thousand pounds although as they confidently believe if the Subsidies had been Levied in a moderate Parliamentary way they would not have amounted to much more than half the Sum aforesaid besides the Four intire Subsides granted in this present Parliament So it is may it please Your Lordship by the occasion of the ensuing and other Grievances and Innovations though to His Majesty no considerable Profit this Kingdom is reduced to that extream and universal Poverty that the same is lesâ— able to pay Subsidies than it was heretofore to satisfie all the before-recited great Payments And His Majesty's most Faithful People of the Land do conceive great Fears that the said Grievances and Consequences thereof may be hereafter drawn into Precedents to be perpetuated upon their Posterity which in their great Hopes and strong Beliefs they are persuaded is contrary to His Royal and Princely Intention towards His said People Some of which said Grievances are as followeth I. The general apparent Decay of Trades occasioned by the new and illegal raising of the Book of Rates and Impositions upon Native and other Commodities exported and imported by reason whereof and of extreme Usage and Censures Merchants are beggar'd and both disenabled and discouraged to Trade and some of the Honourable Persons who gain thereby are often Judges and Parties and that in the conclusion His Majesty's Profit thereby is not considerably advanced II. The Arbitrary Decision of all Civil Causes and Controversies by Paper Petitions before the Lord Lieutenant and Lord Deputy and infinite other Judicatories upon Reference from them derived in the nature of all Actions determinable at the Common Law not limited into certain Time Cause Season or Thing whatsoever and the Consequences of such Proceedings by receiving immoderate and unlawful Fees by Secretaries Clerks Pursuivants Serjeants at Arms and otherwise by which kind of Proceedings His Majesty loseth a great part of His Revenue upon Original Writs and otherwise and the Subject loseth the Benefit of his Writ of Error Bill of Reversâ—l Vouchers and other legal and just Advantages and the ordinary Course and Courts of Justice declined III. The Proceedings in Civil Causes at Council-board contrary to the Law and Great Charter not limited to any certain Time or Season IV. That the Subject is in all the Material Parts thereof denied the Benefit of the Princely Graces and more especially of the Statute of Limitations of 24 Jac. granted by His Majesty in the Fourth Year of His Reign upon great Advice of the Councils of England and Ireland and for great Consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdom in open Assizes whereby all Persons do take notice that contrary to His Majesty's Pious Intentions His Subjects of this Land have not enjoyed the Benefit of His Majesty ' Princely Promise thereby made V. The Extrajudicial Avoiding of Letters Patents of Estates of a very great part of His Majesty's Subjects under the Great Seal the Publick Faith 〈◊〉 the Kingdom by Private Opinions delivered at the Council-board without Legal Evictions of their Estates contrary to Law and without Precedent or Example of any former Age. VI. The Proclamation for the Sole Emption and Uttering of Tobacco which is bought at very low Rates and uttered at high and excessive Rates by means whereof thousands of Families within this Kingdom and of His Majesty's Subjects in several Islands and other Parts of the West-Indies as your Petitioners are informed are destroyed and the most part of the Coin of this Kingdom is engrossed into particular Hands insomuch that your Petitioners do conceive that the Profit arising and engrossed thereby doth surmount His Majesty's Revenue Certain or Casual within this Kingdom and yet His Majesty receiveth but very little Profit by the same VII The universal and unlawful Encreasing of Monopolies to the Advantage of a Few the Disprofit of His Majesty and Impoverishment of His People VIII And the extreme cruel Usage of certain late Commissioners and
and Oliver Castells 1. That the Nobility wer over-taxed in the Subsidies 2. And were kept Close Prisoners tho' not Impeach'd of any Capital Crime 3. And could not get Licence to absent unless they leave their Proxy with one of the Chief Governors naming 4. That some have Titles of Honour that have no Lands in the Kingdom 5. That the Nobility were stop from going to Petition the King 6. That Trade is decayed by Illegal Taxes as Twelve pence apiece on Hides 7. That Causes are arbitrarily decided at Council-board and in other improper Judicatories 8. That Paâ—ents are made void extrajudicially on private Opinions 9. The Monopolies of Tobacco Starch Sope Glass Tobacco-pipes c. 10. The Procedings of the High-Commission 11. The exorbitant Fees and pretended Customs exacted by the Clergy 12. The Proclamation against buying Gunpowder but out of the Store and restraining Hunting within Seven Miles of Dublin 13. That the Parliament in its Members and Actions hath not had its natural Freedom 14. That the Subject is denied the Benefit of the Act of Limitation 15. The taking excessive Fees 16. The Seizing of Linen Yarn and Cloth for not being exact according to Rule 17. The Oppressions of Officers And in this Parliament on the Fourth of March Captain Audley Mervin brought up an Impeachment of High-Treason from the Commons to the Lords against Sir Richard Bolton Lord Chancellor John Lord Bishop of Derry Sir Gerrard Lowther Lord Chief Justice of the Common-Pleas and Sir George Ratcliff and made an eloquent Speech on that Occasion The Charge consisting of Three Articles was General for subverting the Laws and introducing Arbittary Government by extrajudicial and unjust Decrees for inflicting infamous Punishments by Pillory c. on Persons of Reputation and subverting the Rights of Parliament But it seems there was a Dispute raised Whether the House of Lords in Ireland had Power of Judicature in Capital Cases Whereupon Captain Audley Mervin made a most excellent Speech in the Lords House in Parliament 24 May 1641. And afterwards he Impeached Sir George Ratcliff then in the Gate-house Westminster in the Parliament of England of the aforesaid Articles and adds That he joyned with the Earl of Strafford in taking out Eighty thousand Pounds out of the Exchequer to buy Tobacco and that he countenanced Papists to build Monasteries c. On the Sixteenth of March 1640. Secretary Vane sent the Lords Justices the following Letter by His Majesty's Command Right Honorable HIS Majesty hath commanded me to acquaint your Lordships with an Advice given him from abroad and confirm'd by His Ministers in Spain and elsewhere which in this distemper'd Time and Conjuncture of Affairs deserves to be seriously considered and an especial Care and Watchfulness to be had therein Which is That of late there have passed from Spain and the like may well have been from other Parts an unspeakable number of Irish Churchmen for England and Ireland and some good old Soldiers under pretext of asking leave to raise Men for the King of Spain whereas it is observed among the Irish Fryars * * In Spain there a Whisper runs as if they expected a Rebellion in Ireland and particularly in Connaught Wherefore His Majesty thought fit to give your Lordships this notice that in your Wisdoms you might manage the same with that dexterity and secrefie as to discover and prevent so pernicious a Design if any such there should be and to have a watchful Eye on the Proceedings and Actions of those who come thither from abroad on what pretext soever And so herewith I rest Your Lordships most humble Servant HENRY VANE In the mean time the Earl of Strafford came to his Tryal in England and it was the most Solemn that ever was in that Kingdom and at length he was Attainted by Act of Parliament and accordingly beheaded on the 12th day of May 1641. and the Earl of Leicester was the same day appointed Lord Lieutenant of Ireland in his stead His Tryal is excellently wrote at large by Mr. Rushworth to which I must refer the curious Reader but because every Man has not that Book by him I have Cursorily extracted so much of it only as I thought pertinent to his History wherein if I have not been very exact it was because the Inquisitive may easily inform themselves as well as I by having recourse to the Original which I had not leisure to examine more carefully than I have done The Third Article which is the First relating to Ireland is that he should say That Ireland was a conquer'd Nation and that the King might do with them what he pleased and that the Charters of the Corporations were worth nothing and did bind the King no farther than he pleased To which the Earl Answers That he never spoke those words and that the Scope and Intent of what he did say was to ingratiate his Majesties Government to the People and that his words were well accepted at that time however they come to be resented now That the Charters of Dublin were Anno 1634. brought before the Council and still are in the hands of the Clerk of the Council because besides other Abuses the Papists of that City engrossed all the Trade and denied Liberty to such as came out of England to set up there which he hath so far remedied as that there are Three Englishmen now in Dublin for One that was there when he came to the Government and the Charters are not Condemned but enjoyed to this day so that he aim'd at a Reformation in favour of the English but did not design the Destruction of the Charters The Fourth Article was That the Earl of Cork having begun a Suit at Law to recover a Possession he had lost by Colour of an Order from the Lord Deputy and Council the Lord Deputy threatned to imprison him unless he would surcease his Suit saying That he would have neither Law nor Lawyers dispute or question his Orders and that he said upon another the like Occasion That he would make the Earl of Cork and all Ireland know that so long as he had the Government there any Act of State there made or to be made should be as binding to the Subjects of that Kingdom as an Act of Parliament and that he question'd that Earl in the Castle-Chamber upon Pretence of a Breach of an Order of Council-Table To this the Earl of Strafford answered That the Council-Table was a Court of Record in Ireland wherein they proceeded formally by Bill Answer Examination of Witnesses c. and therefore the Orders of it are binding and ought to be obey'd he denies he compar'd it to a Parliament and denies that the Earl of Cork was prosecuted for disobedience of an Order of Council only The Fifth Article was That in time of Peace 12th of December 1635. he did give and procure to be given Sentence of Death against the Lord Mountnorris at a Council of War for saying of an Accidental
at London you do not advertise us that Succours are coming our Necessities can admit of no delay but will oblige us to think of some other Course The Instructions from the Council were 1. To demonstrate that the Lord Lieutenant and Officers now employ'd being experienced will be more Serviceable to the Preservation and Reduction of Ireland than any others 2. That we prefer the interest of the Crown of England before our particular advantage and therefore rather than our continuance shall hinder Supplies we will surrender but because Patentees cannot leave their Places without His Majesties allowance and are sworn to that effect you must declare that they will resign So as His Majesties Direction be therein obtained and all of them preserved in Persons and Estates and indemnified from publick Engagements and repaid their Disbursements for the publick and be protected for Six Months from private Debts and have Liberty to transport themselves and their Apurtenances where they please And Pursuant hereunto there were two Sets of Proportions delivered to the Agents the first from the Lord Lieutenant only was 1. That he would prosecute the War against the Irish Rebels as vigorously as he shall be thereunto enabled by the Parliament and will faithfully serve the Crown of England therein 2. That neither the Forces he has nor the Forces or Supplies that shall be sent him shall be otherwise employed than according to the Directions of the Parliament of England 3. That he will neither make Cessation or Peace with the Rebels without Consent of King and Parliament of England 4. That he will be oblig'd hereunto by Oath or otherwayes Competent for a Man of Honor and Conscience The other Proposals were from the Lord Lieutenant and Council demanding 1. Three thousand Foot and Five hundred Horse which will make up those here to be Seven thousand fifteen hundred Foot besides Officers and One thousand Horse besides Officers which at three days Pay in a Week amounts to 8258 l. 12 s. od per Month of Twenty eight days and that three Months Pay for them be sent and 1000 l. for Contingencies and Ammunition c. convenient and some spare Arms and Swords 2. That all that have constantly and faithfully served in this War may be preserved in Persons Estates and Employments and the like by those that were for some time forcibly kept by the Rebels but left them as soon as they could and the same of those that went to serve the King in England and the like of so many of the Irish as are accepted of as Adherents to His Majesties Protestant Subjects in this Cause They also wrote to the Speaker of the House of Lords That they were necessitated to make the Peace and the Irish broke it because the British Plantations in Ulster were not subverted And Secondly because Popery was not established in its fulness of Jurisdiction and Practice That Athlone was surpriz'd That they were reduced to Extremity and refer'd themselves to the farther report of their Agents and prayed immediate Assistance Upon the Receipt of these Letters the Parliament of England resolved to send Succours as fast as they could but well knowing that Ormond and his Party were unmoveably fixed in their Loyalty they resolved not to continue him in the Government but to proceed upon the other Overture and to send Commissioners over to receive the Sword and Garisons from him and that being done to settle such a Chief Governour as they should think fit And accordingly they did send over Sir Thomas Wharton Sir Robert King Sir John Clotworthy Sir Robert Meredith and Richard Salway Esquire Who on the 13th day of November arrived in the Bay of Dublin they immediately sent to the Lord Lieutenant that they had matters of importance for the Preservation of the Protestants of Ireland to Communicate to his Excellency and desired his safe Conduct which was accordingly sent them and the next day they Landed and on the 15th they delivered his Excellency a Copy of their Commission and of the Ordinance of Parliament and of their Instructions which were to this Effect To assure the Marquis of Ormond and Earl of Roscomon c. that the Parliament would take the Protestants of Ireland into their Protection and if he would surrender up the Sword and Garisons in four days that then Ormond should enjoy his Estate and have Indemnity from Debts contracted on the publick Accoâ—â—â—s and shall be protected against all Debts for a Twelvemonth that he and his followers may have Passes to go where they please that Ormond should have Two thousand Pound per annum for five years and longer if he cannot receive so much out of his own Estate and that Ormond may live in England if he will submit to all Ordinances of Parliament and that for a Twelvemonth he may live in England and shall not be pressed to any Oath he engaging his Honour not to do any thing disserviceable to the Parliament during that time Then the Lord Lieutenant demanded if by the word Protection it was intended that the Protestants should enjoy their Lives Liberties Estates and Employments without Molestation of the Parliament he also desired to know when the abovesaid four days were to begin and to what Persons and to whose use the Sword and Garisons were to be delivered The Commissioners answer'd They could not explain the word Protection but doubted not but a fair Interpretation would be made thereof That the four days commenc'd 15 November at Nine in the Morning and the Sword and Garisons were to be surrendred to them the Commissioners to the use of the Parliament of England in order to the Preservation of the Protestants of Ireland Ormond repli'd That he could not remit the Safety of the Protestants to the incertainty of a future Interpretation The Commissioners then produc'd an additional Instruction to give such Protestants as they condition withal except such as have been in the Irish Rebellion Assurance of Security to their Persons Estates and Goods in Ireland and that they may live quietly under the Protection of the Parliament submitting to the Ordinances of Parliament and compounding for their English Estates at two years Purchase On the Sixteenth of November the Commissioners offered Assistances of Men and Ammunition for the present Defence of Dublin or Caution they be employ'd to no other use and be restored if the Treaty break off Then Ormond demanded Whether the Protestants that concluded the Cessation or Peace should be interpreted to be in the Irish Rebellion To which the Commissioners answered in the Negative And being farther demanded Whether they expected every protestant should treat for himself or that Ormond's Treaty should suffice for all they answer'd It should serve for all that submitted to the Parliament within twenty days after notice Then Ormond ask'd Whether it was expected they should submit to all Ordinances of Parliament that were or should be made The Commissioners answer'd He saw the Words and they had no
in this present Parliament assembled is graciously pleased that it may be Enacted And be it Enacted by the King 's most Excellent Majesty the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by Authority of the same That from and after the First day of this Session of Parliament it shall and may be lawful to and for all the Professors of the Roman Catholick Religion of what degree condition or quality to have use and enjoy the free and publick exercise and profession of the said Roman Catholick Religion and of their several and respective functions therein without incurring any Mulct or Penalty whatsoever or being subject to any restraint or incapacity concerning the same any Article or Clause Sentence or Provision in the said last mentioned Acts of Parliament or in any other Act or Acts of Parliament Ordinances Law or usage to the contrary or in any wise notwithstanding And be it also further Enacted That neither the said Statutes or any other Statute Acts or Ordinances hereafter made in Your Majesties Reign or in the Reign of any of Your Highnesses most Noble Progenitors or Ancestors and now of Force in this Kingdom nor all nor any Branch Article Clause and Sentence in them or any of them contained or specified shall be of force or validity in this Realm to extend to be construed or adjudged to extend in any wise to inquiet prejudice vex or molest the Professors of the said Roman Catholick Religion in their Persons Lands Hereditaments or Goods or any thing matter or cause whatsoever touching and concerning the free and publick use exercise and enjoyings of their said Religion function and profession And be it also further Enacted and Declared by the Authority aforesaid That Your Majesties Roman Catholick Subjects in the said Realm of Ireland from the first day of this Session of Parliament shall be and be taken deemed and adjudged capable of all Offices of Trust and Advancement Places Degrees and Dignities and perferment whatsoever within your said Realm of Ireland Any Acts Statutes Vsage or Law to the contrary notwithstanding And that other Acts shall be passed in the said Parliament according to the tenour of such Agreement or Concessions as herein are expressed and that in the mean time the said Roman Catholick Subjects and every of them shall enjoy the full benefit freedom and advantage of the said Agreement and Concessions and of every of them 5. It is Accorded Granted and Agreed by the said Earl for and in the bâ—â—â—lf of His Majesty His Heirs and Successors That his Excellency the Lord Marques of Ormond Lord Lieutenant of Ireland or any other or others Authorized or to be Authorized by His Majesty shall not disturb the professors of the Roman Catholick Religion in their present possession and continuance of the profession of their said Churches Jurisdiction or any other the matters aforesaid in these Articles agreed and condescended unto by the said Earl until His Majesties pleasure be signified for confirming and publishing the Grants and Agreements hereby Articled for and Condescended unto by the said Earl 6. And the said Earl of Glamorgan doth hereby engage His Majesty's Royal Word and Publick Faith unto all and singular the professors of the said Roman Catholick Religion within the said Kingdom of Ireland for the due observance and performance of all and every the Articles Grants and Clauses therein contained and the Concessions herein mentioned to be performed to them 7. It is Accorded and Argeed That the said publick Faith of the Kingdom shall be ingaged unto the said Earl by the said Commissioners of the said Confederate Catholicks for sending Ten thousand men to serve His Majesty by order and publick Declaration of the General Assembly now sitting And that the Supream Council of the said Confederate Catholicks shall engage themselves to bring the said number of Men Armed the one half with Musquets and the other half with Pikes unto any Port within this Realm at the Election of the said Earl and at such time as he shall appoint to be by him Shipped and Transported to serve His Majesty in England Wales or Scotland under the Command of the said Earl of Glamorgan as the Lord General of the said Army which Army is to be kept together in one intire Body and all other the Officers and Commanders of the said Army are to be named by the Supream Council of the said Confederate Catholicks or by such others as the General Assembly of the said Confederate Catholicks of this Kingdom shall intrust therewith In witness whereof the Parties to these Presents have hereunto interchangeably put their Hands and Seals the 25 th day of August 1645. Glamorgan Signed Sealed and Delivered in the Presence of John Somerset Jeffery Barron Robert Barry Articles of Agreement made and concluded upon by and between the Right Honourable Edward Earl of Glamorgan and in pursuance and by vertue of His Majesty's Authority under His Signet and Royal Signature bearing Date at Oxford the Twelfth day of March in the Twentieth Year of His Reign for and on the behalf of His Most Excellent Majesty of the one part and the Right Honourable Richard Lord Viscount Mountgarret Lord President of the Supream Council of the Confederate Catholicks of Ireland Donnogh Lord Viscount Muskerry Alex. M. Donnell and Nicholas Plunket Esquires Sir Robert Talbot Baronet Dermot O Brien John Dillon Patrick Darcy and Jeffery Browne Esquires for and on the behalf of His Majesty's Roman Catholick Subjects and the Catholick Clergy of Ireland of the other part 1. THE said Earl doth Grant Conclude and Agree on the behalf of His Majesty His Heirs and Successors to and with the said Richard Lord Viscount Mountgarret Donnogh Lord Viscount Muskerry Alex. Mac Donnell and Nicholas Plunket Esquires Sir Robert Talbot Baronet Dermot O Brien John Dillon Patrick Darcy and Jeffery Browne Esquires That the Roman Catholick Clergy of the said Kingdom shall and may from henceforth for ever hold and enjoy all such Lands Tenements Tyths and Hereâ—itaments whatsoever by them respectively enjoyed within this Kingdom or by them possessed at any time since the Three and twentieth of October 1641. And all other such Lands Tenements Tyths and Hereditaments belonging to the Clergy within this Kingdom other than such as are actually enjoyed by His Majesty's Protestant Clergy 2. It is Granted Concluded and Agreed on by the said Richard Lord Viscount Mountgarret c. on the behalf of the Confederate Roman Catholicks of Ireland that Two parts in Three parts to be divided of all the said Lands Tyths and Hereditaments whatsoever mentioned in the precedent Articles shall for Three Years next ensuing the Feast of Easter which shall be in the Year of our Lord God 1646. be disposed of and converted for and to the Use of His Majesty's Forces employed or to be employed in His Service and the other Third part to the Use of the said Clergy resepectively and so the like
Fitz Girald at Kilkenny Noble Sir I Am now advanced thus far on my way home after my accustomed long fruitlessâ—attendance upon the publick affairs being hopeful that in all this time some good effects would have been produced out of the forward and chearful Resolutions and Endeavours observed in you and many other Noble Persons upon your departure from hence and the good concurrence that was expected from many others well affected to a happy and speedy settlement but after Nine Weeks expectation there hath nothing occurred to my knowledge but the following particulars which I shall distinctly set down both to prevent mistakes in you and clear the aspersions that may be cast upon others 1. By Vote of the Assembly the total rejection of the Peace and of all other both publick and private overtures and undertakings that had relation thereto destroying the only possible means that could have united the Kingdom unto any hopeful way of preservation as affairs now stand in the Kings Dominions 2. A new Union Sworn grounded upon impossible undertakings if not in the Propositions themselves at least in the most material circumstances of securing them thereby excluding all hopes of Peace and setling and confirming a lasting divided Government 3. That being compassed for some seeming satisfaction to those that were drawn into it a plausible shew of some other accommodation was contrived but that being brought up to Dublin by Mr. Doctor Fennel and Mr. Geffery Barron with much assurance given by divers of all the satisfaction that such a change of resolutions could produce there appeared but a Verbal Message of some few general Heads they refusing to give it in Writing or to testify under their Hands what they acknowledgd my Lord Lieutenant took Verbatim from them neither would they assume any Power to make any particular explanations and yet earnestly demanded Resolutions with expedition This unexpected delay and continued uncertainty in such a nick of time after so many former breaches on your parts and so many warnings and true intelligence given you by others of the King 's being delivered up to the Parliament the vast Preparations by them made for Reducing this Kingdom and even those most faithful to his Majesties Service in England as forward as any to joyn therein finding themselves destroyed by the failing of the Peace here and the promised Assistance thereupon Your not long since invading and destroying the only remaining Party Obedient to the Kings Authority the small regard had by you of the approaching dangers and the divisions fomented and still encreasing amongst your selves did by an unavoidable necessity as I conceive beget a resolution in my Lord Lieutenant and those of his Party about Dublin to try some other expedient for their preservation and redemption out of the languishing starving condition they have these many Years with much patience endured and for my own part having long observed the high Affronts and Disrespects put upon my Lord Lieutenant and many other of His Majesty's Ministers and Servants and the largest proportion of Malice cast upon them when they were most industrious in the preservation of the Kingdom hath produced the like resolutions in me to try my Fortune in some other Climate since my Three Years constant expence of time health and fortune for the advantage of the publick hath gained no other recompence than to be Printed against by Declarations Books and several other Papers the Forces of other Provinces poured down upon me to destroy my whole Estate those Forces under my Command thereby inforced to Disband the Officers and all other of my Servants and Followers prosecuted and nothing of means or quarter left me to maintain a Guard of Horse for my own Person my Wife and Family readily permitted to repair to Dublin but no allowance to return all which particulars put together I leave it freely to you to judge whether it be not high time for me to depart when the voice of the Kingdom represented in the Assembly have by a clear implication in their safe conduct declared their desires therein Since my coming hither I have seen some Letters and find much confidence in many that the whole Assembly and Clergy are now united to put a full power into my Lord Lieutenants hands and to make provision for his Lordship and his Party both for subsistence and maintenance of a War to which I may not presume to frame any Judgment at so late an hour of the day but this I conceive is most certain that if it doth not appear suddenly unanimously and clearly with a full power and trust and apparent provision to make it good it will hardly be relied upon and that failing there remains nothing for me to do but in another Country to labour the perfection of Praying as well for my Persecutors as Benefactors amongst the last of which you shall be still acknowledged and remembred by Tecrogham the 15th of March 1646. Your Affectionate Friend to Serve you Clanrickard Appen XXXVIII Articles of Agreement made concluded and agreed on at Dublin the Eighteenth day of June 1647. By and between the most Honourable James Lord Marquess of Ormond of the one part and Arthur Annesley Esquire Sir Robert King Knight Sir Robert Meredith Knight Collonel John Moore and Collonel Michael Jones Commissioners from the Parliament of England on the other part Not signed till the 19th FIrst it is agreed and concluded and the said Lord Marquess of Ormond doth conclude agree and undertake to and with the said Arthur Annesley c. That upon the nineteenth day of this month of June he will leave or cause to be left in the possession of the said Arthur Annesley c. the City of Dublin and all the rest of the places and Garrisons in his power and under his Command and the Ordnance Artillery Amunition Magazines and Stores there and likewise it is further agreed and concluded and the said Lord Marquess of Ormond doth conclude agree and undertake that upon the 28. of July next he will leave or cause to be left in the possession of the said Arthur Annesley c. Or any four of them the Sword and all other Ensignes of Royalty with all other things belonging to the Lord Lievtenant or Leivtenancy of the Kingdom of Ireland that shall be demanded before the said twenty eighth day of July and that in the mean time he will not intermeddle or take upon him to Command in any of the said Garrisons or places 2. Item It is agreed and concluded and the said Arthur Annesley c. do for and in behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond in the behalf of himself and others his Majesties Subjects that all Protestants whatsoever of the Kingdom of Ireland not having been in the Irish Rebellion though they have of late consented or submitted either to the Cessation of Arms or the Peace concluded with the Irish Rebels shall be
undertaken the Crusado I cannot determine which but for the one reason or the other he was removed and Henry de Londres Archbishop of Dublin April 23. 1219. was made Lord Justice and continued so for five years he was nick-named Scorchvillein Holingsh 32. by the Irish because they said he burnt his Tenants Leases and other Writings which they brought to shew him but this silly Story is not to be believ'd of so Learned a Man and so good a Governour as every body allows this Archbishop to have been especially since it is not denied but that he suffered all his Tenants to enjoy their Farms even according to their Claims It was this Lord Justice that built the Castle of Dublin anno 1220. 1220. And about the same time died at London William Earl Marshal Protector of the King and his Kingdoms Some Irish Antiquary was so silly to think he was call'd Marshal quas◠Mars his Seneschal for he was indeed a very warlike Man He was succeeded by his Son William against whom the Bishop of Fernes complained to the King That his Father had disseis'd the Church of two Mannors for which reason he was excommunicated and so died The King commanded the Bishop to go to the Earls Tomb and to absolve him and promis'd that he would endeavour his Satisfaction Hanmer 176. Whereupon the Bishop accompanied with the King went to the Grave and said O William that here liest wrapped in the Bonds of Excommunication if what thou hast injuriously taken be restored by the King or thy Heir or thy Friends with competent satisfaction I absolve thee otherwise I ratifie the Sentence that being wrapped in thy Sins thou maist remain damned in Hell for ever The King was dissatisfied with the rigour of the Bishop but could not prevail with the young Earl to part with any thing of his Estate wherefore the Bishop confirm'd his Curse and it brought no small Veneration to the Clergy that this Earl and his four Brethren died without Issue which the Superstitious People thought to be the Effect of that Execration The young Earl Marshal had great Contests with Hugh de Lacy Earl of Vlster 1221. so that Meath was wonderfully harass'd between them Trim was also besieged and reduced to an ill condition but it had the good Fortune to escape this Brush Hanmer 189. and to have a strong Castle built soon after to prevent the like Calamities for the future 6 Hen. 3. About this time Davis 15. 123. the King granted to O Brian King of Thomond the Country of Thomond habendum during the Kings Minority rendring an hundred and thirty Marks per annum which is the only Grant made by the Crown of England to any meer Irishman to that time except that to the King of Connaught And before this Davis 124. viz. 3 H. 3. Richard de Burgo for one thousand pound obtained a Grant of all Connaught to him and his Heirs after the Death of the then King of that Country The Lord Justice who was also Archbishop and Legate did in his Spiritual Capacity too much encroach on the Temporal Jurisdiction and therefore upon the Complaint of the Citizens of Dublin Aug. 9. 7 H. 3. he had a notable increpatory Writ sent to him 1222. which is to be found in Prin's Animadversions on the fourth Instit 251. And at the same time the King sent another Writ to the Justice to redress a Nusance to the Harbour and Citizens of Dublin Prin 251. according to the Law of England I find some Reasons to believe that the Lord Justice Londres was sent for to England anno 1220 and his Room supplied by Geofry de Marisco till his Return Octob. 28. the same Year but however that be it is certain that after this Justice had govern'd Ireland five Years he was removed And most probably was succeeded by 〈…〉 William Earl Marshal 1224. Lord Justice In whose Time in May 8 Hen. 3. Lacy was so effectually pursued that he was forced to submit and the same Year was pardoned About the same Time the King prohibited Appeals to be made to the Pope Lib. Z. Z. and by his Letter to the Archbishop of Armagh Lamb. 19. severely reprimanded him for sending to the Pope about Causes Ecclesiastick The King in the fifth Year of his Reign had granted to the Citizens of Dublin towards walling their City three Pence out of every Sack of Wool six Pence for every Last of Hides and two Pence out of every Barrel of Wine sold in their City 1225. and now 9 Hen. 3. he gave them fifty Marks in Mony to the same purpose On the tenth Day of June 10 Hen. 3. A Writ was sent to the Lord Justice to seize on the Country of Connaught forfeited by O Connor 1226. and to deliver it to Richard de Burgh at the Rent of three hundred Marks for the first five Years and afterwards of five hundred Pound per annum except five choice Cantreds near Athlone which I suppose were designed for the Conveniency and Support of that Garrison But on the first Day of August 10 Hen. 3. Geofry de Marisco was made Lord Justice and had a Sallary of five hundred Marks payable out of the Exchequer granted unto him It is probable That soon after his Arrival his Predecessor William Earl Marshal repaired to Court to give the King an Account of his Administration And the Irish were forward to take Advantage of his Absence and the ill Posture of the King's Affairs in Ireland and therefore to make the best Use they could of this Opportunity they made so general a Confederacy that their Army amounted to twenty thousand Men Sperantes says my Author se posse omne genus Anglorum ab Hiberniae finibus exterminare But all this Ostentation came to nothing and this numerous Rabble were without much Difficulty defeated by Hugh de Lacy and Richard de Burgh and their Followers And the Irish General O Connor King of Connaught was taken Prisoner The King Lib. GGG in the fifth Year of his Reign wrote to all the Ports of Ireland Lambeth To make some Gallies in their respective Havens for the Defence and Security of him and his Kingdom of Ireland And in the tenth Year of his Reign he prevailed with the Pope to write to the Irish Bishops to give him a Subsidy 1227. And now the eleventh Year of his Reign the Pope did write to the Clergy To give Subsidiary Aid to the King Which it seems was effectual for I find this Entry on the Roll. 11 Henric. 3. Rex habuit auxilium de Hibernia And the same Year the Lord Justice received a Writ To aid the Episcopal Excommunication with the Secular Arm as was usual in England which is to be found at large Prin's Animadversions Prin 252. 252 and bears Date the eighteenth of January And there was also a Writ or Charter enjoyning
the Observation of the English Laws in Ireland which I have already recited in the Reign of King John Hubert de Burgo or Burgh Chief Justice of England and Earl of Kent Splem Gloss 340. was made Earl of Connaught and Lord Justice of Ireland during Life and because he could not personally attend he deputed Richard de Burgo Lord Justice or Deputy to whom the King sent the following Writ March 10. 1227. for establishing the English Laws in Ireland REX dilecto sideli suo Ricardo de Burgo Justiciario suo Hiberniae Prin. 252. salutem Mandamus vobis firmiter praecipientes quatenus certo die loco faciatis venire coram vobis Archiepiscopos Episcopos Abbates Priores Comites Barones Milites libere tenentes Balivos singulorum Comitatuum coram eis publice legi faciatis Cartam Domini J. Regis Patris nostri cui Sigillum suum appensum est quam fieri fecit jurari à Magnatibus Hiberniae de Legibus Consuetudinibus Anglorum observandis in Hibernia praecipiatis eis ex parte nostra quod Leges illas ad Consuetudines in Carta praedict ' contentas de cetero firmiter teneant observent Et hoc idem per singulos Comitatus Hiberniae clamari faciatis teneri prohibentes firmiter ex parte nostra Forisfacturam nostram ne quis contra hoc Mandatum nostrum venire praesumat ' Eo excepto quod nec de Morte nec de Catallis Hibernensium occisorum nihil statuatur ex parte nostra citra quindecem dies à die Sancti Michaelis anno regni nostri duodecimo super quo respectum dedimus Magnatibus nostris Hibern ' usque ad terminum praedict Teste meipso apud Westmonast oct die Maii anno regni nostri duodecimo And at the same Time he received two Writs about the Debts due from the King to the late Lord Justice Archbishop Londres Burlace 20 21. and a third Writ to pay him an hundred Pound per annum out of the Rent of the City of Limerick and fifty Pound per ann out of the Rent of Dublin But this Justice did not continue long in the Government for his Patron Hubert de Burgh falling into the King's Displeasure both the one and the other were remov'd And Maurice Fitz-Gerald was made Lord Justice 1229. In whose Time viz. 14 Hen. 3. happened the great Case of Coparceners to decide which the King sent over by way of Writ what in the printed Statues is called Statutum Hiberniae And tho' the Lord Justice is there named Girald yet it is by Mistake for Girald Fitz-Maurice who was the Lord Justice's Father died anno 1205. And there is another Mistake in that Statute for it is said to be made 24 Regis whereas the Year 1229. could be but the fourteenth Year of his Reign Now came over Stephen the Pope's Chaplain to demand the Tenths of all Moveables to support the Holy See against the Efforts of Frederick the Emperour Hanmer 191. It was so hard a Tax in Ireland that they were fain to part with not only their Cadows and Aquavitae but also with their Chalices and Altar-Cloaths Not long after died William Earl Marshal Prince or Lord of Leinster 1231. who anno 1223 gave a new Charter to his Town of Kilkenny he was buried in the Choire of the Friers Preachers at Kilkenny and was succeeded in his Estates and Titles by his Brother Richard On the second Day of September 1232. the Lord Justice returned out of England but when he went thither or who was Deputy in his Absence non constat On the seventh of April 1233 Holingshead 27. say some but I think 1234 the English and the O Connors c. had a Battle on the Curragh of Kildare 1234. wherein Richard Earl Marshal Prince of Leinster had very foul Play from those of his own Side so that he was there mortally wounded and died in five Days after To atone for this the Lord Justice who went into England to satisfie the King in that Matter offered to build a Monastery and endow it liberally to pray for the Soul of Earl Richard Hanmer 195. And so at length by the intercession of the King and the importunate Entreaties of the Nobility Gilbert Earl Marshal and the Lord Justice were reconciled 1235. It seems the Alarm was very great on Earl Richard's Death for the King to Comfort and Quiet the Citizens of Dublin assured them by his Writ That he summon'd the Great Men of England Pryn 253. to consult about the Safety of England and Ireland and that their Determinations should be speedily communicated to them at Dublin From whence Mr. Pryn observes That the Laws and Ordinances of the King and Parliament of England did bind Ireland in those Days But it seems that about this Time the Spiritual Courts did encroach too much on the Temporal Jurisdiction 1233. and therefore the King sent over the following Writ REX Co. Lit. 141. Comitibus Baronibus Militibus liberis Hominibus omnibus aliis de Terra Hibern ' salutem Quia manifeste esse dignoscitur contra Coronam Dignitatem nostram Consuetudines Leges Regni nostri Angl ' quas bonae memoriae Dominis Johannes Rex Pater noster de communi omnium de Hibern ' consensu teneri statuit in Terra illa quod placita teneantur in curia Christianitatis de advocationibus Ecclesiarum Capellarum vel de laico feodo vel de catallis quae non sunt de Testamento vel Matrimonio vobis mandamus prohibentes quatenus hujusmodi placita in curia Christianitatis nullatenus sequi presumatis in manifestum Dignitatis Coronae nostrae prejudicium scituri pro certo quod si feceritis dedimus in Mandatis Justiciario nostro Hiberniae statutae curiae nostra in Anglia contra transgressiones hujus Mandati nostri cum justicia procedat quod nostrum est exsequatur Teste Rege 28 Octobr. Decimo oct Regni nostri c. mandatum est Justiciario Hibern per literas clausas quod predictas Literas Patentes publice legi teneri faciat In the Year 1234 died Walter Lacy Lord of Meath without Issue Male so that his great Estate was divided between his two Daughters viz. Margaret married to the Lord Theobald Verdon and Matilda married to Geofry Geneville Whilst the Lord Justice was in England the King of Connaught exhibited a grievous Complaint against John de Burgo That he had entred his Country with Forces Hanmer 195. and wasted the same with Fire and Sword humbly beseeching his Majesty to do him Justice and to bridle such rash Attempts Alledging That he was a loyal Subject and payed for his Kingdom an annual Pension Davis 123. amounting in all from his first Subjection to five thousand Marks and desired the King That he would rid him of that base
Popes Familiar and Kinsman and both Bastards saith Bale fill'd in like sort his Fardles in Scotland These Nuncio's were so crafty that they needed no Brokers they secretly understood by Posts and Cursitors the State of the Court of Rome which quailed them full sore that the Pope was either gone or panted for Life secretly by the conduct of the Monks of Canterbury they were conveyed to Dover where they took Shipping and crost the Seas The Emperor Frederick against whom this Provision was made having intelligence thereof and secretly acquainted with the Popes state wrote to the King of England to apprehend such Prollers wherein he also reprov'd his Cowardize The Emperor when he understood that the Birds were flown away made search for the Nest yet overtook them in Italy where to be short he imprison'd them their Kindred and Favourites rifled them of their Money and sent them to Rome to sing for more He that will read the Story more at large let him repair to Matthew Paris In the Year 1242 1242. the Lord Justice built the Castle of Sligo in Connaught and plac'd in it able Warders and the next Year died Richard de Burgo and the famous Hugh de Lacy Earl of Vlster 1243. whose Daughter and Heir was married to Walter de Burgo in her Right Earl of Vlster The King sent to the Lord Justice for Aid against the Welsh 1244. which it seems was long a coming but at length it did come under the Conduct of the Lord Justice and Phelim O Connor they Landed in the Isle of Anglesey and pillaged the Island and were hastning to the Ships with their Prey but it seems the Welshmen overtook them and forced them to leave their Burdens behind However they afterwards joyn'd the Kings Army and did the Work they came for for the King discomfited the Welsh victualled his Castles and victoriously returned into England The Lord Justice being come back to Ireland 1245. found Vlster over-run by O Donel who took advantage of the Death of Lacy and the absence of the Lord Justice but by the assistance of Cormock mac Dermond ma◠Rory the Lord Justice invaded Tirconnel routed the Irish and slew many of the chief of them on the English side was lost William But by Cambden and others call'd Sheriff of Connaught and his Brother Cambden does also mention several Expeditions but the Issue of them all was this That the Lord Justice Manned his Castle of Sligo forced O Neal to give Hostages and then gave half Tyrconnel to the said Cormock ma◠Dermond and return'd with great Booty But the King was displeased with the Lord Justice for his slowness and delay in bringing Aid to him in Wales and therefore remov'd him from the Government Novemb. 4. 1245. and appointed Sir John Fitz Geofry de Marisco I suppose Lord Justice who receiv'd a Writ that the Executors of the Bishop of Ossory should be suffered to administer and dispose of the Testators Goods and Chattels the Debts due to the King being first Levied thereout and in September 1247. Prin H. 3. 107. the King directed a Writ to the Arch-Bishops and others in Ireland That the Laws of England should be strictly observed there as his Father King John had formerly commanded QVia pro communi utilitate Terrae Hiberniae Prin 254. unitate Terrarum Regis Rex vult de communi Concilio Regis provisum est quod omnes Leges Consuetudines quae in Regno Angliae tenentur in Hibernia teneantur eadem Terra eisdem Legibus subjaceat per easdem regatur sicut Dominus Johannes Rex cum ultimo esset in Hibernia statuit fieri mandavit Quia etiam Rex vult quod omnia Brevia de communi jure quae currunt in Anglia similiter currant in Hibernia sub novo Sigillo Regis Mandatum est Archiepiscopis c. quod pro pace tranquilitate ejusdem Terrae per easdem Leges eosdem regi deduci permittant eas in omnibus sequantur in cujus c. Teste Rege apud Wodestoke nono die Septembris anno Regni 30. Which Writ is imperfectly cited 1 Inst 141 b. Theobald Butler 1247. Lord of Carrick and John Cogan Lords Justices in whose Time the Popes Agent Johannes Refus was sent into Ireland clothed with Authority to collect the Popes Money Hanmer 198. my Author says that though he was not clad in Scarlet for fear of giving Offence yet he was such a Sophistical Legate and plied his business with that diligence that he extorted Six thousand Marks out of Ireland and by help of the Clergy transported it safely to London John Fitz Geofry was again Lord Justice 1248. in his time the King sent the following Writ Lib. P. Lambeth REX Justiciario Hibern Salutem Monstravit nobis Mamorch Offerthierun Rothericus Frater ejus quod antecessores sui ipsi licet Hibernenses semper tamen firmiter fuerunt ad fidem servitium nostram Prin 255. predecessorum nostrum it should be Nostrorum Regum Angl. 1253. ad conquestum una cum Anglicis faciendum super Hibernenses ideo vobis mandamus quod si ita est tunc non permittas ipsos M. R. repelli quin possint terras vindicare in quibus jus habent sicut quilibet Anglicus quia si ipsi antecessores sui sic se habuerunt cum Anglicis quamvis Hibernenses injustum esset licet Hibernenses sint quod exceptione qua repelluntur Hibernenses à vindicatione terrarum aliis repellantur c. By which Writ it appears that the King did design that all the Irish who would live as Subjects should have the benefit of the English Laws but that such of the Irish as were Enemies or Rebels and would not be Amesnable to Law should not have any Advantage by the Law But now the King to qualifie his Son for a Marriage with the Infanta of Spain Davis 22. amongst other things gave the Kingdom of Ireland to Prince Edward and his Heirs Lib. G. Lambeth in as ample manner as himself enjoyed it except the Cities of Dublin and Limrick nevertheless with this express Condition in the Patent 1254. Ita quod non separetur à Corona Angliae Whereupon Ireland was called the Land of the Lord Edward and the Officers there were stiled the Officers of Edward Lord of Ireland and the Writs did also run in the Name of the Prince In the same Year but I suppose before the Donation to the Prince the King sent a Writ to the Nobility of Ireland Prin 255. most earnestly desiring their Assistance with Men and Ships for his Wars in Gascony But the Prince had issued a Writ of Entry out of the Chancery of Ireland against the Bishop of Lismore which was illusory to the Laws of England established by the King and King John and therefore upon Complaint the King sent
under the Notion of Thieves or Tories Neither was Munster free from the like Calamity for it felt the heavy hand of Walter le Poer who burnt and wasted great part of it Davis 93. Nevertheless the Justices in Eyre sate this Year at Tredagh And it seems that in those days as well Common Pleas as those of the Crown were tried before the chief Governor for I find this Entry 32 Ed. 1. A die S. Martini in quindecim dies de Commun Placit apud Dublin coram Johanne Wogan Justiciar Lib. G. Lambeth Hiberniae and sometimes they did it by Commissioners as 6 Ed. 2. Coram Waltero de Thornbury Cancellario Willielmo Alexander assignatis loco Edmondi le Butler Custode Terrae Hiberniae alibi in remotis agendis John Wogan Lord Justice 1302. being return'd call'd a Parliament the Effects whereof I find not but on the 17th of January issued a Commission to Richard Earl of Vlster the Lord Justice and Tho. Cantock Lord Chancellor to ask a Subsidy from the Clergy pro salvatione Coronae suae c. And the King wrote particular Letters to them but all to no purpose Nevertheless Pope Boniface would not be so served for he obtain'd or exacted from them a three years Disme to aid the Church against the King of Aragon The Lord Edmond Butler recovered the Mannor of Holywood in Fingal from the Archbishop of Dublin by Fine or Concord between them in the Kings Bench says Cambden and the same Archbishop took great pains to reconcile the two Churches of St. Patrick's and Christ-Church in Dublin Ware de Presul 110. and made Articles between them which were not observed in the mean time Says an 1300. Hugh de Lacy preyed the Estate of Hugh Verneil I suppose for some private Injuries Richard Burk 1303. Earl of Vlster accompanied with Eustace le Poer and a good Army went to aid the King in Scotland and the Earl made thirty three Knights in the Castle of Dublin before he set out and it is observable that in all Commissions and even in the Parliament-Rolls this Earl is always named before the Lord Justice This Year died Gerald 1304. eldest Son of the Lord John Fitz-Thomas as also the Countess of Vlster and William de Wellesby and Sir Robert Percival were slain in October also an Order issued to pardon Maurice de Carew Four hundred pound Arrearages he owed the King for his Lands in Desmond Lib. F. Lambeth because he was serving the King in Scotland and now again was a great part of Dublin accidentally burnt The next Year produced abundance of Villany 1305. for Jordan Comin with his Complices murdered Mortagh O Connor King of Ophaly and Calwagh his Brother and some others at Pirece Brimingham's House in Carbry in the County of Kildare and some Irish-men did the like by Sir Gilber Sutton Seneschal of Wexford at the House of Heymond le Grace and Heymond himself had much ado to escape and this year there was an Inquest of Trailbaston It seems the Mayor of Dublin had made some Complaints to the Irish Parliament against the Treasurer and Barons of the Exchequer 4 Inst 350. which was adjourned or transmitted to England and the Mayor was committed to the Tower and fined because he could not make out his Acusation The Year 1306. 1306. was not less bloody than the former for on the 13th of April the O Dempsyes made great Slaughter of the O Connors near Geashil in Ophaly and O Dempsy Captain of the Regans was there slain Soon after which O Bryan King of Thomond was murdered and Daniel Oge Mac Carthy did as much for his Father Donald Roe King of Desmond to which we may add that Pierce Brimingham was defeated in Meath May 12 and Ballymore was burnt by the Irish and Henry Celse was there kill'd Hereupon great Wars ensued and the English were summoned out of other Provinces to the Relief of Leinster they had a notable Battel at Clenfel where Sir Thomas Mandeville fought valiantly till his Horse was kill'd under him but what the Event of the Battel was is not recorded About this time Thomas Cantock Chancellor being consecrated Bishop of Emly made the greatest Feast for poor and rich that ever was seen in Ireland to that day This Year Murchod Ballagh was beheaded near to Merton 1307. by Sir David Canton or Condon who was afterwards hang'd for it in Dublin anno 1309. And on the first of May the Oscheles perhaps O Kellyes in Connaught routed and slew many Englishmen and the Tories of Ophaly razed the Castle of Geashil and on the 6th of July burnt the Town of Ley and besieged the Castle but at length they were dispersed by John Fitz-Thomas and his Son-in-Law Edmond le Butler In the mean time on the 7th of July this Noble and Victorious King died of a Dysentery at Barough upon the Sand in the five and thirthieth year of his Reign and of his Age the sixty eighth THE REIGN OF EDWARD II. King of England c. And LORD of IRELAND EDWARD the Second stiled of Carnarvan 1307. the Place of his Birth began his Reign on the seventh Day of July 1307. with great Applause both of Nobility and People but he soon disappointed their good Expectations and not only recalled Gaveston contrary to his Fathers Express and Last Commands but also gave him the thirty two thousand Pound which his Father had specially appointed for the Holy War Baker 109. moreover he went to Bulloign and married Isabel Daughter of Philip the Fair King of France on the twenty second Day of January 1307 without any Portion in Mony And on the twenty fourth Day of February both he and she were crowned at Westminster by Henry Bishop of Winchester with exceeding Pomp. As to the Affairs of Ireland they were little regarded at this time so that there were small or no Alterations in that Government and Sir John Wogan still continued Lord Justice and in Decem. received an Order to suppress the Knights Templars which was effectually executed here on the third Day of February as it had been in England the seventeenth Day of January before Cambden 165. so that the King got four hundred Pounds Worth of their Goods which it seems was a great Sum in those Days This Year proved very unfortunate as well by the Death of the famous Peter de Breminghan on the twelfth of April as by the Rebellious Disturbances of the Irish amongst whom William mac Balthar was most active for he and his Complices burnt the Castle of Kenun on the eleventh of May and slew most of the Ward they also burnt the Town of Courcowly and on the sixth of June discomfited the Lord Justice near Glandelory where John de S. Hogeline John Norton and John Breton were slain and being elevated with this Success on the sixteenth of June they burnt Tobir Danlavan and many other Villages But the Lord
Justice was so vigilant that before the end of August the Rebels were dispersed and their Captain William mac Balthar was taken and hanged In the midst of these Disturbances John Decer Mayor of Dublin who had some time before built the Bridge over the Liffy Ibid. 166. near S. Wolstons and the Chappel of our Lady at the Friers Minors and had also repaired the Church of the Friers Preachers and every Friday feasted the Friars at his own Cost did now build the high Pipe in Dublin But the Lord Justice being sent for into England to give an Account there of the miserable State of Ireland substituted William Burk August 1308. Custos Warden or Deputy of Ireland He was Ancestor of many Noble Families and particularly of the Lords Castleconel and Leitrim In his time the Irish burnt Athy and Richard Talon was murthered by Maurice de Condon Cambden 166. and Candon was served in the same kind by the Roches and Odo mac Cathol O Connor slew Odo King of Conaught But in March following Peirce de Gaveston an insolent Frenchman was by the Nobility of England in Parliament banished that Kingdom whereupon the King to make this Exile of his Favorite as easie as he could gave him the Government of Ireland and assigned to him the Revenue and Royal Profits of that Realm so that thither he came with a great Retinue and he behaved himself so well that he broke and subdued the Rebels in the Mountains near Dublin He slew Dermond O Dempsy a great Irish Captain at Tully he marched into Munster and subdued O Brian in Thomond he rebuilt the new Castle of Mackingham in the Kevins Country and repaired the Castle of Kevin and cut and cleansed the Paces between that and Glendelough he was exceedingly beloved of the Soldiers both for his Liberality and Valour and might have done much Good there if he had staid longer Nevertheless he could not brook Richard Earl of Vlster who was the greatest Lord in Ireland This Earl as it were to nose Gaveston did at Whitsontide keep a great Feast at Trim Camb. 166. and dub'd two of the Lacies Knights and marched as far as Tredagh to encounter the Lord Lieutenant but on better Advertisement he returnd But the King impatient of Gaveston's longer Absence recalled him on the twenty third of June and sent in his Room Sir John Wogan 1309. Lord Justice M. S. Fragm and in October following the Noble Lord 4. says 1308 Roger Mortimer came over with his Wife Heiress of Meath and had quiet Possession of that Country the Grand-father Sir Geofry Genevil entring into a Monastery On the second of February Sir Arnold Poer slew Sir John Bonevil at Arstol but it was found to be in his own Defence Cambded 167. And in the same February there was a Parliament held at Kilkenny before the Earl of Ulster and the Lord Justice according to the Custom and Usage of those times which appeased many Civil Discords and enacted many good Laws which Mr. Pryn says Pryn 259. were printed in Bolton's Edition of the Irish Statutes 1621. And he reckons this to be the first Parliament that was held in Ireland except that of Henry II aforesaid but without question he is mistaken And it seems Pryn 259. That in the beginning of the next Year or the latter end of this there was another Parliament or Assembly of the great Men at Kildare where Poer was acquitted of the Death of Bonevil About this time Wheat was sold for twenty Shillings the Erane Cambded 167. and the Bakers were drawn on Hurdles through the Streets of Dublin for their Knavery In the Year 1310. Richard de Havering who under Pretence of the Popes Provision 1310. had assumed the Title of Arch bishop of Dublin and enjoyed all the Profits of that See without Consecration for four Years and upward was so terrified by a Dream that he resigned his Bishoprick to the Pope that gave it him Ware de praesul 111. And though Alexander Bricknor had the better in the Election the seventeenth of March 1610. yet John Lech by the Power and Favour of the King enjoyed the Bishoprick and begun the Controversie with Rowland Jorse Archbishop of Armagh about elevating his Crosier in the Province of Leinster and managed it so dextrously or rather so violently Hook 65. that he forced the Primate to fly by Night in his Pontificals from Howth to the Priory of Grace Dieu and thence chased him out of the Diocess or rather Province of Dublin and in the same year the Judges of the Court of Kings Bench were reduced to the number of Three The Year 1311 was troublesome enough 1311. for Frag. 4. in May Richard Earl of Vlster invaded Thomond Davis 134. and marched up to Bunratty where Richard de Clare met and defeated him and took him the Lord William Burk and others of his Kindred Prisoners and slew John de Lacy and many more of the Earls Followers and in November following the same Richad de Clare defeated the Irish and slew Six hundred Galloglasses Nor were the Civil Discords less amongst the Irish for Donough O Bryan was murdered by his own Men in Thomond and John Mac O Hedan was slain by O Molmoy and William Roch was murdered by a Tory However the Birnes and Tools were numerous enough to invade Taslagard and Rathcanle and to terrifie Dublin by lurking up and down the Woods of Glendelory Nor could the State suppress them because Robert Verdon began a Riot in Vrgile and was so powerful that he defeated the Lord Justice and his small Army 1312. July 7. 1312. but afterwards upon better consideration he voluntarily submitted himself to the Kings Mercy whereupon the Lord Justice went for England and left in his stead Sir Edmond Butler 1312. Lord Deputy who being now at leisure to deal with the Birnes and Tools he manag'd that Affair so well that he soon forc'd them to submit and then sent his Father-in-Law the Lord John Fitz Thomas afterwards Earl of Kildare General into Munster who at Adare Knighted Nicholas Fitz Maurice afterwards Lord of Kerry and others This Year was famous for two mighty Marriages of Maurice afterwards Earl of Desmond and Thomas Fitz John afterwards Second Earl of Kildare to the two Daughters of the Earl of Vlster But these Rejoycings were soon over 1313. and the Misfortunes of the English in Scotland drew on a Scotch Invasion of Ireland At first the Scots only sent some Boats to prey the Costs of Vlster which were well resisted but before the year was out Edward Bruce came in Person he forc'd and rob'd the Castle of Man and took the Lord O Donel Prisoner it seems he retir'd again to collect a greater Army and the Deputy after he had on Michaelmas day made one and thirty Knights in the Castle of Dublin 1314. and had taken the best care he could
Lord Justice was not less active in Leinster for he defeated O Morrough at Bally lethan and made a great Slaughter of the Rebels at Tristle Dermond and slew about four hundred of the Irish of Omayle There is a Writ in Mr. Prin's Animadversions on the 4th Institute Prin 261. too long to be here recited whereby it appears That an Englishman was punishable by Death for Killing Burning Theft or Robbery committed against an Englishman but an Irishman was only punishable at the discretion of the Brehon for Theft or Robbery of an Englishman but that in time the chief Governors did commute the punishment of any Felony even Murder of an Englishman for Money and thereby Witnesses were discouraged to testifie the Truth lest the surviving Felon might revenge it Therefore the Writ requires to assemble the Lords and COMMONS to advise c. In the same Writ is mentioned that the Irish petitioned for an Annual Parliament and because it is certain there were not Parliaments every year even in this Kings Reign Prin 263. Mr. Prin conceives that my Lord Cooke mistook that Petition for an Order for an Irish Annual Parliament which he says was at this time made but the Manuscripts M. and GGG at Lambeth 4 Insl 350. do agree with my Lord Cooke that there was such an Order But let us return to Bruce who on Midsummer-Day summoned Carigfergus and though eight Ships were sent thither from Tredagh yet the Garrison were reduced to the extremity of eating Leather and of feeding on eight Scots who were their Prisoners and so were at length forced by Famine to surrender in the latter end of August Nor did better News come from Connaught where O Connor defeated a Party of the English and slew the Lord Stephen of Exester Miles Cogan and eighty of the Barryes and Lawleys But this Misfortune was not long unrevenged Frag. 6. for on the fourth Day of August William de Burgo and Richard de Bremingham encountred Fylemy O Connor King of Connaught and a numerous Army of Irish near Athenry with prodigious Success for they slew the King of Connaught and eight thousand of his Men Aug. 1316. The Valour of Hussy a Butcher of Athenry was very remarkable on this Occasion for he fought with O Kelly and his Squire together and slew them both for which he was knighted and is Ancestor of the reputed Barons of Galtrim They say Athenry was walled with the Plunder of this Battle Cambd. 172. and that the brave Brimingham was made Baron of Athenry for this noble Service and his Heir is now the first Baron in Ireland About the same time viz. in August 1316. O Hanlon came for Contribution to Dundalk but the Townsmen under Robert Verdon who lost his Life in the Service entertained them so valiantly that O Hanlon was forced to leave two hundred of his Followers behind him About the end of August died the Noble Earl of Kildare Ibid. 173. and was succeeded by his Son Thomas On the fourteenth of September Ibid. Burk and Briminghan got another Victory in Conaught and slew five hundred Irish and their Captains Connor and the Mac Kelly and in the latter end of October John Loggan and Hugh Bisset routed the Scots in Vlster and slew one hundred with double Armour and two hundred with single Armour besides many of their naked Followers and sent Prisoners to Dublin Sir Alen Stewart Sir John Sandale Ibid. and other Scotchmen In December the Lacies procured themselves to be Indicted and Acquitted of introducing the Scots into Ireland and then had the King's Charter of Pardon Ibid. whereupon they renewed their Oath of Fealty and took the Sacrament to corroborate the same The Scots being joyned with the Irish of Vlster gathered a numerous Army computed to be near twenty thousand Men and in Lent they marched as far as Slane destroying the Country as they went The Earl of Vlster was then at S. Mary Abbey near Dublin but some Misunderstanding hapning between him and the Citizens 1316. Robert Notingham then Mayor of Dublin caused the Earl to be imprisoned in the Castle of Dublin and in the Fray seven of the Earl's Servants were slain and the Abby was spoiled and some of it burnt Hereupon Bruce marched toward Dublin Febr. 24. and took the Castle of Knock and the Lord Hugh Tyrrel in it who with his Wife were afterwards ransomed for a piece of Mony The Dublinians burnt the Suburbs to secure the City some Churches were destroyed in this Hurry and the Cathedral of S. Patricks did not escape But Bruce understanding the City was well walled and that the Citizens resolved to defend it he turned aside to the Naas being conducted and advised by Lacy notwithstanding his aforesaid Oath At the Naas they staid two Days spoiled the Churches opened the Tombs to search for Treasure and at last burnt the Town and thence marched to Castledermot Gauran and Callan destroying the Country as they went And what better could be expected when the King's Authority was so little regarded in Ireland that his Writ to bail the Earl of Vlster was disobeyed by the Mayor of Dublin Some of the Vlster-Men pretended an Aversion against the Scots Camb. 174. and desired Aid and Commission from the King they had the Commission at last and the King's Standard was delivered to them but they did more harm with it than the Scots had done they so behaved themselves if you believe my Author that they purchased the Curse of God and Man Bruce marched near Limerick to Kenlis in Ossory and about Palmsunday he came to Cashel and thence marched to Nenagh wasting all the Lord Justice's Estate in the Counties of Kilkenny and Typerary In the mean time the English Lords were Assembled at Kilkenny Davis 169. says Desmond was General and had gathered a numerous Army consisting of all sorts of thirty thousand Men and under the Conduct of the Lord Justice and Earl of Kildare designed to pursue the Scots 1317. when on Thursday in Easter-week there arrived at Youghal Roger Mortimer Lord Justice cum triginta octo Militibus who immediately sent word to the English Generals not to fight till he came but Bruce upon notice of his Arrival marcht toward Kildare and so to Naas and tho' he lurkt almost a week in the Woods near Trim to refresh his Men yet afterwards he made such haste that in the beginning of May he got into Vlster The Lord Justice seeing Bruce had retreated suffered his voluntary Army which the Irish call a rising out to return to their own homes the better to refresh themselves till a new Summons and went himself to Dublin and with the Lord Wogan Sir Fulk Warren and thirty Knights more he held a Parliament at Kilmainham where the deliverance of the Earl of Vlster was the chief thing treated of and it was at last effected at a second Meeting of the Parliament about
Andrew Birmingham Nicholas de London and many others were slain and though the Lord Justice lost his Son Richard Lord of Athenry who died about this time yet all this did not hinder him from attending the King but he left in his place Ralph de Gorges Lord Deputy or Governor who continued so until the Second Day of February 1323. and then he was superseded by Sir John Darcy 1323. Lord Justice in whose time Philip Talon and his Son Fragm 7. and eight and twenty others were kill'd by Edmond Butler Rector of Tillagh and amongst the Records in the Tower of London Anno 15. E. 2. This notable Memorandum is to be found viz. In Abbathia Melifontis talis inolevit Error Lib. GGG quod nullus ibi admittatur in domum praedictam nisi primitus facta fide quod Non sit de genere Anglorum About this time Sir Henry Traherne took Mac Morough and kill'd O Nolan and four and twenty of his Followers It seems the King was muâ—h in the Favour of Pope John the twenty second for besides the aforesaid Release of the Peter-Pence the Pope did this Year 16 Edw. 2. impose a Disme on the Irish Clergy for two Years Lib. GGG payable to the King and commanded the Dean and Chapter of Dublin to levy it but the Prelates and Clergy refused to pay it to them unless they would shew the Original Bull. But on the the twenty fourth of November Vide postea ad annum 1344. at Notingham the King by assent of his Council made and published most excellent Ordinances for the Reformation of Ireland Pryn. 264. which are to be found at large in Mr. Pryns Animadversions on the fourth Institutes and are to this effect I. That no Officer of the Kings in Ireland whilst in Office shall purchase Lands or Tenements within their Jurisdiction on Pain of forfeiting the same II. That no Man by colour of his Office take Victuals or any other thing without the consent of the Party unless in case of Necessity for the Publick and then he must have the Advice of the greatest of the Council and a Writ out of the Chancery or unless he have the King's Letters or an Order from the Chancery of England III. That the Exportation of Corn to England or Wales be not hindered the Party paying the usual Customs be he Native or Stranger and giving Security not to carry it to our Enemies IV. That the Lord Justice take but four Pence for the Seal and two Pence for the writing of a Bill of Grace and that the Marshal take but four Pence for a Commitment V. No Protections or Pardons to be granted to Felons without special Order under one of the Seals of England VI. No Writs to be obeyed except such as are under the great Seal or the Seal of the Exchequer if the matter concerns that Court Lastly That the Lord Justice shall not adjourn Assizes before him unless he be present in the same County nor for any longer time than he continues there And at the same time a Writ issued to the Chancellor of Ireland Ibid. 26â— to Publish Enrol and Observe the aforesaid Ordinances and to send the Exemplifications of them to the rest of the Courts By reason of the fourteen Years Truce the King had made with the Scots 1325. there was not much other Disturbance in Ireland than what was occasioned by private Murders Walter de Valle and his Son were slain near Nenagh and the Lord John Barry of Hely a very stout Man was murthered by the O Kerals and therefore to fill up this Space I will insert the Famous or rather foolish Story of Alice Kettle in the Words of my Author In those Days lived in the Diocess of Ossory Holingshead 69. the Lady Alice Kettle whom the Bishop ascited to purge her self of the Fame of Inchantments and Witchcraft imposed unto her and to one Petronil and Basil her Complices She was charged to have nightly Conference with a Spirit called Robin Artisson to whom she sacrificed in the High-way nine red Cocks and nine Peacocks Eyes Also that she swept the Streets of Kilkenny between Complin and Twilight raking all the Filth towards the Doors of her Son William Outlaw murmuring and muttering secretly with her self these Words To the House of William my Son Hie all the Wealth of Kilkenny Town At the first Conviction they abjured and did Penance but shortly after they were found in Relapse and then was Petronil burnt at Kilkenny the other twain might not be heard of she at the Hour of her Death accused the said William as privy to their Sorceries whom the Bishop held in Durance nine Weeks forbidding his Keepers to eat or drink with him or to speak to him more than once in the Day but at length through the Suit and Instance of Arnold le Powre then Seneschal of Kilkenny he was delivered and afterwards he corrupted with Bribes the Seneschal to persecute the Bishop so that he thrust him into Prison for three Months In rifling the Closet of the Lady they found a Wafer of Sacramental Bread having the Devil's Name stamped thereon And a Pipe of Oyntment wherewith she greased a Staff upon which she ambled and galloped through thick and thin when and in what manner she listed This Business about these Witches troubled all the State of Ireland the more for that the Lady was supported by certain of the Nobility and lastly conveyed into England since which Time it could never be understood what became of her At Whitsontide 1326. the Parliament met at Kilkenny and thither the Earl of Vlster and most of the Nobility came what they did does not appear Lib. GGG saving that five thousand Quarters of Corn were sent out of Ireland to Aquitain for the King's use about this time and it is probable they raised Mony to pay for it Cambden tells us That the Earl of Vlster made a great Feast at this Parliament and that not long after he died But we must make a step to England before we can come to an end of this Unfortunate Reign and there we shall find the King for his Male administration in Disgrace with his People and which was worse reduced under the Power and Scorn of an Adulterous Wife the consequence of these things was That he was first imprisoned and afterwards murthered in Berkly Castle In this King's Reign flourished the famous Irish Philopher Johannes Dunus Scotus commonly stiled Doctor subtilis And it was in the same Reign that the Lord Mortimer Owner to Proprietor of Leix now Queens County being obliged by his Inclination or Business to reside in England did entrust one of the Omores with the management of his Estate but in process of time the Irishman sets up for himself and for a long time enjoyed that Country and still pretends a Right to it although his Claim is built on this perfidious and ungrateful Foundation Davis 198
that Land and to go personally thither and an Army was design'd for him and he was created Duke of Ireland in order to that Expedition and notwithstanding all this on the twenty third of July 1393. the King sent him a Letter to stop his Voyage because his Majesty intended to go to that Kingdom in person For the King was netled with an Answer his Ambassadors received in Germany when they were solliciting for the Imperial Crown that they did not think him fit to be their Emperor who could not keep what his Ancestors had gain'd in France nor rule his insolent Subjects in England nor tame his rebellious Vassals in Ireland and therefore partly to vindicate his Reputation and partly to divert the Melancholy which had seiz'd him on the Death of his Wife he undertook a Royal Voyage to Ireland with four thousand Men at Arms and thirty thousand Archers under S. Edwards Banner It seems that Sir Thomas Scroop was sent before him to prepare for the Kings Reception for I find him named Lord Justice on the 26th of April 1394. 1394. But however that be it is certain that on the Second Day of October Richard the Second King of England Landed at Waterford with a mighty Army whereof he made but small use for the Irish betook themselves to their old Stratagems of feigned and crafty Submissions wherewith they had deluded and abused King Henry the Second and King John in former times However Mowbray Earl of Notingham and Marshal of England had a special Commission to receive the Homage and Oaths of Fidelity of all the Irish of Leinster by vertue whereof Girald O Birne Donald O Nolan Malachias O Morough Rory oge O More Arthur Mac Morough Morough O Connor and others made their humble submission by an Interpreter in the open Field at Baligory near Carlow on the 16th of February They did Homage in solemn manner and made their Oaths of Fidelity to the Earl Marshal laying aside their Girdles Skeins and Caps and falling down at his Feet upon their Knees which being performed the Marshal gave each of them Osculum Pacis Moreover they were bound by several Indentures upon great Penalties to be paid to the Apostolick Chamber viz. O Birne twenty thousand Marks O Nolan ten thousand pounds c. not only to continue Loyal Subjects but that by a certain day prefix'd they and all their Sword-men should clearly relinquish and give up unto the King and his Successors all the Lands and possessions which they held in Leinster and taking with them only their moveable Goods should serve him in his Wars against his other Rebels In consideration whereof the King was to give them Pay and Pensions during their Lives and to bestow the inheritance of all such Lands upon them as they should recover from the Rebels in any other part of the Realm And thereupon a Pension of eighty Marks per annum was granted to Art Mac Murrough Chief of the Cavenaghs which was continued to his Posterity till the time of Henry the Eighth although they did nothing for it But the King having received Letters from O Neal wherein he stiles himself Prince of the Irishry in Vlster and yet acknowledgeth the King to be his Sovereign Lord and Dominus perpetuus Hiberniae removed to Drogheda to take the Submissions of the Irish of Vlster Thither came to him O Neal O Hanlon O Donel Mac Mahon and others who with the like humility and ceremony as aforesaid performed their Homage and Fealty to the Kings own Person in these or the like Words mutatis mutandis Ego Nelanus O Neal Senior tam pro meipso quam pro filiis meis tota Natione mea Parentelis meis pro omnibus Subditis meis devenio Ligeus Homo vester c. And in the Indenture between O Neal and the King he is bound not only to remain faithful to the Crown of England but also to restore the Bonaught of Vlster to the Earl of Vlster as of right belonging to that Earldom and amongst other things usurped by the O Neals These Indentures and Submissions with many more of the same kind for there was not a Chieftain or Head of an Irish Sept but submitted himself in one Form or other the King himself caused to be enrolled and testified by a Notary Publick and with his own hands delivered the Enrolments to the Bishop of Salisbury who on the 25th of June delivered to the Court of Exchequer two Hanapers one containing thirty nine and the other thirty six Instruments which were all there recorded or enrolled so that they have been carefully preserved and are now to be found in the Remembrancers Office and the Copies of them all are to be seen at Lambeth Libro D. In the mean time Lib. G. Lambeth on the first of February the King wrote a Letter to his Unkle the Duke of York who it seems was his Deputy in England signifying that there were three sorts of People in Ireland viz. Irish Savages or Enemies Irish Rebels and English Subjects and that perhaps the Rebels had cause and provocation to do as they have done and that therefore he has given them Truce till Easter and designs to pardon them generally and concludes with a Desire of his Advice in this Particular The Duke and the Council on the 19th of March return an Answer Lib. M. That they had formerly given their Opinion to prosecute the Rebels but that his Majesty being on the Place best knew what was fit to be done and that they did not mislike his Intention provided the Rebels did pay some considerable Fines towards the Charge of the Kings Voyage and also took out their particular Pardons within a limited Time Lib. G. and not long after finding that the King had accepted the Irish Submissions and valued himself upon the Atchievement they send him a congratulatory Letter and humbly pray his Majesty to return to England Several of the Irish Historians one of them misleading another say that the King did call a Parliament at Christmas and about Shrovetide return'd to England but as I am sure he did not return in many Weeks after Shrovetide so I believe he held no other Parliament in Ireland at this time than that there being a great Concourse of the Chief Men of the Land to Dublin to attend the King it is probable the King consulted with them about the publick Affairs and that they complained to his Majesty of such Grievances as needed to be redress'd Lib. G. and particularly That whereas the Chancery us'd to pay into the Exchequer two thousand Marks per annum for the Great Seal besides defraying the Charge of that Court it now hardly pays its own Officers their Salaries because Grants for which the Parties formerly paid an hundred pound are now made for ten shillings and Secondly That James Cotenham Deputy Admiral of Ireland to the Earl of Rutland committed great Abuses and exacted a Tribute of
twenty pence or two shillings from every one that passed the Seas On the twenty fifth Day of March the King knighted four Irish Kings 1395. Selden tit hon 842. and some other great Lords whereof Mr Selden out of Froisart gives the following Account Four Kings of several Provinces in Ireland that submitted themselves to Richard II were put under the Care of Henry Castile an English Gentleman who spake Irish well in order to prepare them for Knighthood by the Kings Command he informed them of the English Manners in Diet Apparel and the like He asked them If they were willing to take the Order which the King of England would give them according to the Customs of England France and other Countries They answered They were Knights already and that the Order they had taken was enough for them and that they were made Knights in Ireland when they were seven Years Old and that every King makes his Son Knight and if the Father be dead the next of Kin does it and that the manner is thus The new Knight at his making runs with slender Lances against a Shield set upon a Stake in a Meadow and the more Lances he thus breaks the more Honour continues with his Dignity But Mr. Castile told them They should receive a Knighthood with more State in the Church and afterwards being perswaded and instructed especially by the Earl of Ormond they did receive Knighthood at Christ-Church Dublin after their Vigils performed in the same Church and a Mass heard and some others were knighted with them but the four Kings in Robes agreeable to their State sate that Day with King Richard at the Table And so Davit 202. when the King had supplied the Courts of Justice with able Men particularly with Sir William Hankford Chief Justice who was afterwards Chief Justice of England and done his Endeavor to establish a Civil Plantation in the Mountains of Wicklow he returned to England about Midsummer 1394. as I suppose for on the fourth of July 1394 Roger Mortimer Earl of March was sworn Lord Lieutenant Pryn. 294. And not long after the aforesaid excellent Ordinances of 31 Edw. 3. were ratified revived and exemplified and sent into Ireland to be more duly observed than hitherto they had been But the Scene was changed and the Irish despising the weak Forces the King had left behind him began to lay aside their Mask of Humility and to make Incursions into the Borders of the Pale Nevertheless the English were not daunted their Valour supplyed what was wanting in their Number Cambd. particularly Sir Thomas de Burgh and Walter de Birmingham with their Forces slew six hundred of the Irish and their Captain Mac Con and the Lord Lieutenant and the Earl of Ormond wasted the County of Wicklow and took O Birnes House whereupon the Lord Lieutenant made seven Knights But this Victory was much overballanced by the Loss of forty principal Englishmen slain by the O Tools on Ascension-day and not long after by the Death of the Lord Lieutenant himself who was slain at Kenlis in Ossory by the O Birnes on the twentieth of July 1398. And thereupon Roger Gray was chosen Lord Justice 1398. pro tempore until the King sent over his half Brother Thomas Holland Duke of Surry Lord Lieutenant 1398. who landed at Dublin the seventh of October 1398. but did not long continue in that Office before the King pretending a Resolution to revenge the Death of his Cousin and Heir the Earl of March who was slain by the Irish as aforesaid He left the Government of England in the Hands of his Vnkle the Duke of York And on the first Day of June Richard 1399. King of England landed at Waterford with a good Army which he marched to Dublin through the wast Countries of Murroughs Kinshelaghs Cavenaghs Birns and Tooles but the Army was much distressed for want of Victuals and Carriages in those Deserts so that he performed no memorable Exploit save that he cut and cleared the Paces in the Cavenaghs Country and knighted Henry the Duke of Lancaster's Son afterwards Henry V for his briskness against the Irish On the sixth of June being the Friday after the King's arrival Jenico de Artois his faithful Gascoign slew two hundred Irish at Ford in Kenlis in the County of Kildare And the next Day the Citizens of Dublin made Incursions into Wicklow and killed thirty three Irishmen and took eighty Prisoners And on the twenty sixth of June the King came to Dublin and received the Submission of many Irish Lords But whilst he was consulting how to proceed he received the unwelcome News of the Duke of Lancaster's Progress in England whereupon he imprisoned his and the Duke of Glocester's Sons in the Castle of Trym and though he sent the Earl of Salisbury before him to gather an Army in Wales yet the King followed after so slowly that the Army was disperst before he arrived in England with which Misfortune his Courage fell so that on Michaelmass day he tamely surrendred the Crown and gave a just occasion for this true Remark Baker 152. That never any Man who had used a Kingdom with such Violence gave it over with such Patience He was afterwards deposed by Parliament and several Articles exhibited against him one of which was That he forced divers Religious Persons in England to give Horses Arms and Carts towards the Irish Expedition And another was That he carryed into Ireland the Treasure Reliques and other Jewels of the Crown which were used to be kept in the King's Coffers from all Hazard The King created Edward Plantagenet Earl of Cork in the twentieth Year of his Reign And the same Year gave a Licence under the Privy Seal to William Lord Courcy to buy a Ship to pass and repass to and from England And in this Reign happened this famous Case One Thomas a Clerk in England obtained a Judgment at Westminster against Robert Wickford afterwards Archbishop of Dublin and upon Affidavit That the Defendant lived in Ireland and had Goods and Lands there and the Sheriffs Return That he had no Lands nor Goods in England the Plaintiff had a Writ against the said Archbishop in haec verba IDeo vobis mandamus quod de terris catallis ejusdem Roberti Lib. M. jam Archiepiscopi in Terra nostra Hiberniae fieri facias praedict decem libras illas habeatis coram c. This Archbishop died anno 1390 so that this Writ must issue before that time THE REIGN OF HENRY IV. King of England c. And LORD of IRELAND HENRY Duke of Lancaster eldest Son of the famous John of Gaunt fourth Son of King Edward the Third upon the Resignation of King Richard procured him to be deposed in Parliament and himself to be elected King and the Crown to be entailed on him and the Heirs of his Body His Claim was as Heir to Henry III but finding that
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
make them seek Peace yet he was in no wise able to reduce them to the Obedience of Subjects or enlarge the Limits of the Pale however what he did was held so considerable that the Lords and Gentlemen of the Pale made Certificate of this great Service in French to the King Nevertheless the Army was so ill paid in this March that the Subject suffered more from the Cess of the Souldier than they gained by this small and temporary mortification of the Irish and this was the common Calamity from hence forward so that Necessity revived Coyn and Livery again by degrees notwithstanding that it remained Treason by Act of Parliament In August the Parliament met at Dublin 1415. and sate six weeks during which time the Irish followed their usual Course of falling upon the English and killed Thomas Ballymore of Ballyquelan and many others and on the 22th day of October the King obtained a most glorious and entire Victory over the French at the Battel of Agincourt But the Parliament was adjourned to Trym 1416. and there it sate on the 11th of May and continued seven days and gave the King a Subsidy of four hundred Marks in Money and the next year the Prior of Kilmainham with sixteen hundred Irish went to aid the King in France 1417. they Landed at Harslew in Normandy and did the King very good Service But I should have remembred That the King and Parliament at Westminster anno 1413. did Enact That for the Peace and Quietness of England and for the encrease and enstoring of Ireland That all Irishmen Irish Clerks Beggars and Chamberdekins be voided out of England before All-Saints next Lib. M. except Graduates in Schools Sergeants and Apprentices at Law and such as be Inheritors in England and Religious Persons professed and Merchants of good Name and Apprentices now dwelling in England and those whom the King will dispense with and that all Irishmen who have Offices or Benefices in Ireland shall dwell in Ireland for the defence of the Land And now 4 Hen. 5. Lib. M. It was likewise Enacted in England that all Archbishops Bishops Abbots and Priors of the Irish Nation Rebels to the King that shall make any Collation or Presentment to Benefices in Ireland or bring with them any Irish Rebels among the Englishmen to the Parliament Councils or other Assemblies within the same Land to know the Privities or States of the Englishmen their Temporalities shall be seized till they fine to the King and that the Governors of Ireland be defended and restrained to grant such Benefices or Pardons in the case to Irish Persons not English and that such Licenses shall be void There is very little recorded of the Year 1418 1418. and it is scarce worth mentioning That the Lord Lieutenant did spoil the Tenants of Henry Crus and Henry Bethel probably for some Misdemeanor by them committed against the Government But the Year 1419. 1419. will afford us more Matter for on the last Day of May the Lord Lieutenant accompanied by the Archbishop and Mayor of Dublin razed the Castle of Kenun having a little before in the same Month taken Prisoner Mac Morough the chief Captain of his Nation and on the 20th of June the Lord William de Burgh took O Kelly and slow five hundred Irish in Connaught but the Lord Lieutenant was sent for to England and substituted his Brother Richard Talbot Archbishop of Dublin Lord Justice or Deputy He held a Royal Council i. e. a Parliament at the Naas which gave a Subsidy of three hundred Marks On Maundy-Thursday O Tool took four hundred Kine from Ballymore and so broke the Peace contrary to his Oath but it fared worse with the Irish at Rodiston where thirty of them were slain by the English under the Command of the Lord Justice but on the 4th day of April Landed at Waterford James 1420. Earl of Ormond Lord Lieutenant His Commission is very large and beareth Date the 10th of Febr. 7 Hen. 5. and is to be seen Pryn 412. He held a Council at Dublin the 23th of April and summoned a Parliament to meet the 7th of June which did accordingly then meet and sate sixteen days and gave the King a Subsidy of seven hundred Marks and adjourned to Monday after S. Andrews Day and at that Session they gave another Subsidy of three hundred Marks and the publick Debts contracted by the Lord Talbot were paid and then they were Adjourned to the Monday after S. Ambrose's Day But it will be convenient to shew the Reader who paid these Subsidies and what their respective Proportions were and thereby he will perceive the vast Alteration for the better that is made in the State of Ireland since those Days This Subsidy was called Tertium Subsidium and was applotted thus Lib. CCC Â Lib. s. d. The Clergy of the County of Wexford 13 06 08 The Commons of Kildare 34 10 05 The Clergy of Kildare 04 02 10 Commons of Typerary 08 11 04 Clergy of Cashel 00 19 04 Commons of Limerick 02 03 00 Clergy of Limerick 00 08 01 Kingsale 01 16 08 Â Mar. s. d. Meath Liberty 83 00 00 Clergy of Meath 40 00 00 Clergy of Dublin 11 11 08 Drogehda 04 03 00 Commons of Carlow 04 01 04 Clergy of Ossory 02 00 11 Commons of Kilkenny 18 05 11 Commons of Louth 25 12 05 Clergy of Ardes 08 08 09 Commons of Dublin 40 10 00 City of Dublin 06 10 00 Clergy Cathedral of Dublin 11 11 08 Cork 02 02 00 On the 28th of October Thomas Fitz-Girald took Colmolin Castle and the Parliament met again according to Adjournment on Monday after S. Ambrose's Day and ordered that the Archbishop of Armagh Sir Christopher Preston and others should go Commissioners to the King to desire a Reformation of the State of the Land At this Parliament John Gese Bishop of Lismore and Waterford accused Richard O Hedian Archbishop of Cashel of Thirty Articles the Principal of which were First Ware de Praesul 170. That he loved none of the English Nation nor gave any Benefice to any Englishman and that he counselled other Bishops to do the like Secondly That he had counterfeited the Great Seal Thirdly That he designed to make himself King of Munster Fourthly That he had taken a Ring from the Image of S. Patrick which the Earl of Desmond had offered and gave it to his Concubine c. There was also a Contest between Adam Pory Bishop of Cloyne and another Bishop but it is probable that the former Accusation was suppressed because we find no farther Proceedings upon them and because the Archbishop seems to have been a more generous sort of Man for he not only repaired the Cathedral of Cashel and a Mansion-House or two for his Successors but also was otherwise a great Benefactor to that See and liberal to Pious Uses and the later Contest was transmitted to Rome But we should return
to the Lord Justice 1422. whose Servants were on the Seventh of May attacked and defeated by the Irish Purcel Grant and five and twenty English more were slain and ten taken Prisoners and two hundred escaped to the Abby of Leix and to revenge this the Lord Justice invaded O Mores Country and defeated his terrible Army in the red Bog of Asby he relieved his own Men and burnt and preyed the Rebels Lands for four days until themselves came and sued for Peace And it seems O Dempsy notwithstanding his Oath of Obedience invaded the Pale and took the Castle of Ley from the Earl of Kildare which the Lord Justice had justly restored to the Earl whereupon Campion makes a severe Remark on the Irish That notwithstanding their Oaths and their Pledges they are no longer true than they feel themselves the weaker In the mean time Mac Mahon play'd the Devil in Vrgile and burnt and spoil'd all before him Camp 97. but the Lord Justice also revenged that Prank and forced Mac Mahon to submit and many other Noble Exploits did this good Governor for whose Success the Clergy of Dublin went twice every week in solemn Procession praying for his Victory over those disordered Persons which now in every Quarter of Ireland had apostatiz'd to their old Trade of Life and repined at the English And when I have mentioned a Deed made 9 Hen. 5. which is to be found Lib. GGG 24. at Lambeth whereby this Earl of Ormond constituted James Fitz-Girald Earl of Desmond his Seneschal of the Baronies or Signiories of Imokilly Inchicoin and the Town of Youghal during his Life I have no more to add but that this Victorious King after he had conquered France submitted to the common Fate on the last Day of August 1422 in the Flower of his Age and the Tenth Year of his Reign THE REIGN OF HENRY VI. King of England c. And LORD of IRELAND HENRY the Sixth was but nine Months old at the Death of his Illustrious Father 1422. and therefore the deceased King had by his last Will appointed John Duke of Bedford to be Regent of France Humphry Duke of Glocester to be Governour of England and Thomas Duke of Excester and Henry Bishop of Winchester to be Guardians of the Young King's Person All which was duly observed and the Infant King was proclaimed in Paris and the Nobility that were there swore Allegiance to him James Earl of Ormond continued Lord Lieutenant of Ireland and upon a Petition preferred by the House of Commons to the King about the manifold Murders Robberies Rapes Riots and other Misdemeanours committed by the Irish in England Lib. M. it was enacted there That all Persons born in Ireland should quit England within a time limited except Graduates in either University Clergymen beneficed those that have Land in England or are married there or those whose Parents are English and even such are to give Security of their good Behaviour And not long after came over Edmond Mortimer 1422. Earl of March and Vlster Lord Lieutenant He died afterwards of the Plague at the Castle of Trym which was his own Inheritance And in his stead came John Lord Talbot 1425. Lord Justice In whose time the Barretts a Family of good account near Cork did by Indenture covenant to be obedient to the Earl of Desmond who was exceeding Powerful and lorded it over great part of Munster with a high Hand This Governour resigned to James Earl of Ormond 1426. Lord Justice In whose time John Duke of Bedford 4 Instit 360. Regent of France obtained a Patent for all the Mines of Gold and Silver within England Ireland c. rendring to the Church the tenth Part to the King the fifteenth Part and to the Owner of the Soil the twentieth part And then Sir John de Gray 1427. Lord Lieutenant landed at Hoâ—th the thirty first of July and was sworn the next Day but no mention is made of any thing he did but that he went for England and left Edward Dantzy Bishop of Meath 1428. his Deputy He was for a time Treasurer of Ireland and dyed the fourth of January 1428. Upon Notice whereof Sir John Sutton Lord Dudly was sent over Lord Lieutenant He held a Parliament in Dublin Friday next after the Feast of All Saints 1429. at which it was enacted That the Sheriff upon Pain of Amercement should add to the Panel of Jurors the Place Estate and Mistery of every Juror And in the Preamble to this Act the Lord Lieutenant is Styled The Right Noble and Right Gracious Lord. And on the sixth of the same November the King was crowned at Westminster And soon after the Lord Lieutenant returned and left Sir Thomas Strange 1429. Lord Deputy in whose time the King was crowned at Paris 1431. and took the Oaths and Homage of the Nobility and People there And now happened the famous Case of the Prior of Lanthony which was That a Judgment in the Common Pleas being removed to the Irish Parliament was affirmed there Whereupon a Writ of Error was sent from England but the King's Bench in England would not take cognizance of a Judgment in the Parliament of Ireland to reverse it And therefore the Prior petitions the King That the Record may be transmitted to the House of Lords in England to be examined there Sir Thomas Stanly was made Lord Lieutenant of Ireland 1432. and it seems that he called a Parliament which enacted two Statutes that were afterwards repealed by 11 Jac. 1 cap. 5. And then he went to England leaving Sir Christopher Plunket Lord Deputy 1432. he was afterwards Baron of Killine in Right of his Wife Heir of the Cusacks and his second Son became Baron of Dunsany But Sir Thomas Stanly 1435. Lord Lieutenant returned and gave a Check to the Irish who were insolent beyond Measure and incroaching everywhere on the Pale making the best Advantage of the King's Minority and the Absence of the Military Men in France but the Lord Lieutenant with the Power of Meath and Vriel took Moyle O Donel Prisoner and slew a great many of the Irish And afterwards about Michaelmas he went again to England and left Richard Talbot Archbishop of Dublin 1436. Brother to the Earl of Shrewsbury Lord Deputy he was sometime Lord Chancellor of Ireland and was elected Primate of Armagh but he refused to change his Bishoprick Lion Lord Wells 1438. Lord Lieutenant in whose time a second Law was made in England Lib. M. obliging the Irishmen to return into their Native Country And another Statute was made in Ireland to stop the Passage of any more into England And on the twelfth of June 17 Hen. 6. Robert Fitz-Geofry Cogan granted all his Lands in Ireland being half the Kingdom of Cork to James Earl of Desmond and gave a Letter of Attorney to put him in Possession of Kyrrygrohanmore Lib. G. Downdrinane
discourage the Transportation of Bullion the King shall have twelve Pence Custome out of every Ounce Upon his Return to England the Lord Lieutenant accused the Earl of Ormond of Treason Burlace 78. before the Duke of Bedford Constable of England in the Marshal's Couâ—t but the King abolished the Accusation Richard Talbot 1447. Archbishop of Dublin Lord Deputy he wrote a Tract de Abusu Regiminis Jacobi Comitis Ormondiae dum Hiberniae esset locum tenens Caâ—ton chron And it seems Thomas Fitz-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
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
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
he substituted his Brother Thomas Fitz Girald of Leixlip Lord Deputy but he in a very little time was forced to quit the Sword to Richard Nugent 1527. Lord Baron of Delvin Lord Deputy who could the easier keep the Kingdom quiet because the great Enemies and Competitors the Earls of Kildare and Ormond were both in England and about this time it hapned that the Title of Ormond was taken from Sir Pierce Butler who in lieu thereof was with great Pomp created Earl of Ossory 1528. at Windsor the 23d of February And whoever is curious to see the Copy of the Patent Ware says 1527. and a large and full Account of the whole Solemnity may find it Lib. G. 121 Baker says 1529. in the Library at Lambeth and particularly that he gave the Trumpeters twenty Pounds whereas the great Earl of Tyrone gave them but forty Shillings About the same time Sir Thomas Bullen who had married one of the Daughters and Co-heirs of Thomas Earl of Ormond was as it were Selden's Tit. of Honour 840. in her Right Created Earl of Wiltshire and Ormond and though there is but one Patent for both Titles yet there are several Clauses of Investiture several Habendums and several Grants of Creation-Money It has been already observed That many Irish Potentates had received Pensions for many years on the account of giving Protection to the King's Subjects or at least of sparing them from Plunder and although this scandalous and dishonourable Tribute was duly paid yet the Irish did not perform their Engagements but made frequent Sallies and Incursions as they had opportunity and particularly this very Spring O Connor made an irruption into the Pale 1528. and carryed away much Prey and Plunder into Offaly it seems the L. Deputy was too weak to revenge this Outrage by force Ware 's Annals 121. all that he could do was to withold O Connor's Pension which he did Hereupon the Rebel complained as if he had received the greatest Injury and desired to have a Parly with the Lord Deputy about it on the 12th of May the Lord Deputy consented and came at the time appointed not doubting but that he should convince all the World and even O Connor himself of the unreasonableness of his Demand but alas he was mistaken O Connor did not intend to argue the Matter fairly but was resolved to help himself by a Stratagem as they call it for he perfidiously set upon the Deputy and took him Prisoner and killed and wounded many of his Attendants And thereupon the Council chose Pierce Earl of Ossory Lord Deputy who being returned from England came to Dublin accompanied with O More O Carol and one of the O Connors and a numerous Train The first thing he did was to send a Message to O Connor to enlarge the Lord Delvin but he received a flat Denial and therefore the Lord Deputy and Council did by Act of State suspend the aforesaid Pension and not long after all those Pensions and the like Irish Exactions were suppressed and for ever extinguished by Act of Parliament Ware 122. The Sweating Sickness called Sudor Anglicus was fatal to many of the Irish this Year amongst the rest the Lord Chancellor died of it and was succeeded by the aforesaid Alan a Creature of Wolsy's raised by him to this Office purposely to oppress the Earl of Kildare That unfortunate Earl continuing his Enmity against the Earl of Ossory sent his Daughter the Lady Slane from Newington into Ireland to excite his Brothers and Friends O Neal and O Connor and whomsoever else she could to oppose the Lord Deputy and she was unhappy in being successful in her Negotiation for she procured much Mischief to the Lord Deputy and great Devastations on his Lands which afterward occasion'd great Trouble and Danger to her Father as aforesaid The Famous Emperor Charles the Fifth sent his Ambassador Gonzagues to the Earl of Desmond to stir him to Rebellion The Emperor's Instructions bear Date at Tolâ—do Feb. 24. and are 1529. to treat with Illustrissime il Conde de Desmond c. But this Embassie was ineffectual because that Earl died at Dingle the eighteenth of June 1529. He left one only Daughter who was afterwards married to James the sixth of that Name Earl of Ormond so that he was succeeded in the Earldom of Desmond by his Unkle and Enemy Thomas Moyle And now was the King's Divorce publickly ventilated in England and the Pope revoked his Legates and resumed the Cause to himself which enraged the King and was the Ruine of Cardinal Wolsy In the mean time the King made his Natural Son Henry Fitz-Roy Duke of Richmond and Somerset Lord Lieutenant of Ireland and sent over Sir Willian Skeffington Lord Deputy he arrived in August with Mony and with two hundred Horse accompanied by the Earl of Kildare freed from all his Troubles and were received by the Citizens of Dublin with great Joy His Instructions were I. To preserve the Peace between the Earls of Kildare Desmond and Ossory that so they might be the better able to assist the Deputy and the common Cause II. To be on the Defence only III. To make no Hostings without Advice of Council IV. To assist the Earl of Kildare privately I suppose in his Designs against the Irish V. To moderate the Exactions of the Soldiers VI. To subject the Lands of the Clergy to their part of the Publick Charge VII To call a Parliament And Lastly which is the strangest of all to endeavour to get a Subsidy before the Parliament sit About the same time Edmond Butler Archbishop of Cashel indicted a Provincial Synod at Limerick at which were present Nicholas Bishop of Lismore and Waterford John Bishop of Limerick Ware 125. and James Bishop of Killaloo they gave Power to the Mayor of Limerick to imprison Ecclesiastical Debtors until they pay their Debts without incurring any Excommunication of which Constitution or Canon the inferior Clergy grievously complained alledging That it was a Breach of their Priviledge But let us return to the Lord Deputy who invaded the Territory of Leix 1530. to suppress the Insolencies of O More and O Connor and their Confederates he destroyed O More by slight but frequent Skirmishes And so having preyed the Country he returned with these happy First-Fruits of his Government In the mean time the great Minster of State Cardinal Wolsy came to Disgrace in England and died the last Day of November And about the same time great Jealousies and Misunderstandings began to arise in Ireland between the Lord Deputy and the Earl of Kildare Nevertheless The Lord Deputy took that Earl to his Assistance in his Expedition into Vlster and there they took the Castle of Kinard and returned loaden with Prey and Plunder according to the Custom of those Times And with this Atchievment Hugh O Donel was frighted into a Submission which being himself sick he performed by his Delegates Con O
Carriages to a general Hosting did coss the Country or tax it to find so much Mony as would maintain a certain number of men three Months and accordingly in July this Year the Counties of Kilkenny Waterford Typerary and Wexford were ordered to levy Maintenance for two hundred and forty Kerns for three Months which came to no more than two hundred and four Pounds thirteen Shillings and four Pence whereby one may perceive that the Tax was easie enough but the Grievance was in the irregular Assessments and the oppressive manner of levying it The French King by his Ambassador Theobald de Boys tempted O Donel with Offers of Money and Arms to make an Insurrection but he could do little of himself and it was too soon to seduce others after such solemn and formal Submissions so lately made and so that Negotiation had little or no effect but in February the Lord Deputy was recalled to give the King an Account of his Administration of Affairs in Ireland and Sir William Brabazon was sworn Lord Justice in his stead Ware 168. his Patent bears date the twelfth of October 35 Hen. 8. To this Lord Justice new Seals were sent because of the Alteration of the King's Stile from LORD to KING of Ireland and the old Seals were sent back to England The Lord Justice 1544. by the King's Orders sent him seven hundred Men to Calice under the Command of the Captains Poer Finglass and Skurlock they were very serviceable to the King at Bulloign and did much Mischief to the French for being light of foot Holingshead 103. they would often range twenty or thirty Mile into the Country and as they returned would burn and spoil where-ever they came They had a pretty Trick to get a Prey which was to tie a Bull to a Stake and set fire about him and as the Fire scorched him the Bull would bellow and thereupon all the Cattel within hearing of him would flock that way and so were taken These Irishmen would never give Quarter and therefore whensoever the Frenchmen took any of them they gelded them and otherwise tormented them exceedingly After the Surrender of Bulloign a large Frenchman on the other side of the Haven braved and defied the English Army whereupon one Nicholas Walsh did swim over the River and cut off the Frenchmans Head and brought it back over the River in his Mouth for which bold Action he was bountifully rewarded Sir Anthony Saintleger June 11. 1544. being for his good Services made Knight of the Garter returned Lord Deputy and found the Kingdom quiet and he made it his Business to keep it so which he effectually accomplished by imprisoning two or three turbulent People and by taking Indentures and Hostages from those he suspected And this Lord Deputy knowing it was the only way to keep the Kingdom in peace Lib. D. made it his Business to break the Dependencies of the Irish and to that end upon all References to him he took care that the weaker Party might depend on the Government for Protection and that he should not rely upon nor be under the Subjection of any other and particularly on the fourteenth of July he made an Award or final Order between the Earl of Tyrone and O Donel whereby O Donel was freed from depending on O Neal any farther than that he still continued obliged to pay a yearly Rent of sixty Beeves to O Neal for the Island of Inisowen and it so hapned that the very next year O Neal invaded Tyrconel because that Rent was not paid whereupon there was another Reference to the Government and a new Peace was made between them Aug. 24 1546. In the mean time the Earl of Lenox 1545. who fled out of Scotland was kindly received by King Henry and married his Neece was by the King sent into Ireland to levy an Army to recover his Inheritance in Scotland he came to the Deputy at Kilmainham where he lived and being effectually recommended by the King he was so kindly received and his Business so heartily followed that by the middle of November he had raised fifteen hundred Men under the Command of Sir John Travers Master of the Ordnance to whom the Earl of Ormond joyned as many of his own Followers and was himself General of the Army They set Sail for Scotland in twenty eight Ships but the Levity of their Confederates in Scotland or the Power of Duke Hamilton disappointed this Design for not being able to gain Dunbritton-Castle which was promised to be delivered up to them and finding a potent Army ready to encounter them instead of Friends which they expected to embrace them and being shattered by a violent Storm the Irish were necessitated to return home re infecta In the mean time Lib. D. on the Nineteenth of October died Vlick Earl of Clanrickard whereupon a great Contest arose between his Sons about the Title and Inheritance because the Earl's first Wife Grany O Carol Mother of the Earl's Eldest Son Richard Burk had been formerly married to O Mlaghlin who was still living and undivorced as was alledged and she being still alive the Earl married Honora Burk and was afterwards divorced from her and married Mary Linch Mother of John Burk Grany the first Wife being still living But the Earl of Ormond and other Commissioners sent by the Lord Deputy and Council to settle this Affair soon determined the Matter and finding that the pretended Marriage with O Mlaghlin could not be proved they adjudged Grany to be the Earl's true Wife and placed her Son Richard Burk in the Earldom and Estate of his Father according to the Law of England and because he was under Age they made Vlick Burk Captain of the Country during his good Behaviour and the Minority of the Earl But now the Spirit of Rebellion had again seized the Irish Melvin's Memoirs 8 9. and O Neal O Donel O Dogharty and one Callock had made some Overtures to the French King about assistance to manage an Insurrection and they proposed to him to become his Subjects and to shake off the Yoke of England provided he would procure the Pope's Gift of Ireland and send two thousand Harquebusses two hundred Light Horsemen and four Canon to their assistance The French King thought the Offer so considerable that he sent over John de Monluck Bishop of Valence his Ambassador to Ireland to learn the Truth of their Circumstances and to certifie the King what probability there was of Success if he should engage in that Affair The Bishop arrived at Loghfoyle on Shrovetuesday and the next day was by O Dogharty carried to his House which was a great dark Tower there the Bishop found bad Entertainment and was forced to be contented with Herrings and Bisket and such like Lenten Fare which was the best the House afforded The Bishop had a Months Mind to O Dogharty's Daughter which two English Fryers observing to prevent any Abuse of the Damsel
they procur'd as good a Bed-fellow for the Ambassador though she was of meaner Quality this Liquorish Harlot unfortunately met with a small Bottle of choice Balm valued at two thousand Crowns which was given to the Bishop by Solyman the Magnificent when he was Ambassador in Turky she was invited by its Odour to try its Relish and it seems liked it so well that she licked it all out whereat the Bishop grew so outragious and loud that he discovered his Debauchery frightned the Woman away and made sport for the Irishmen and his own Servants After this the Bishop met with O Neal and the Titular Primate Robert Wachop in a secret place and heard the Overâ—ures of them and their Confederates and it is not to be doubted but they came to an Agreement because the Bishop soon after went to Rome but being unable to separate the Pope from the Interests of the Emperor this Negotiation had no effect In the mean time two of the Cavenaghs viz. Cahir Mac Art of Polmonty and Girald Mac Cahir of Garochil had fierce Contests about their Territory at length it came to a Battel as it were by consent and about an hundred on each side were slain but Cahir Mac Art had the better of it and finally obtain'd that Signiory But the Exchequer being empty the Lord Deputy designed to levy a Tax upon the People but the Earl of Ormond would by no means suffer that 〈…〉 whereupon the difference grew so high between him and the Lord Deputy that at last it came to mutual Impeachments whereupon both of them were sent for to England and by the King's Mediation were reconciled whilst the ambodexter Allen was imprison'd in the Fleet and deprived of the Great Seal and Sir Thomas Cusack was made Lord Keeper and not long after viz. about the twenty eighth day of October the Earl of Ormond and thirty five of his Servants were poyson'd at a Feast at Ely-House in Holborn so that he and sixteen of them died but whether this hapned by Accident or Mistake or were done designedly could not be discovered Sir William Brabazon was sworn Lord Justice on the first of April 1546. although his Patent bore Date the sixteenth of February Ware 174. In his time hapned a strange and unnatural Action for Bryan Lord of Upper Ossory sent his own Son Teige Prisoner to Dublin where he was executed and in July Patrick O More and Bryan O Connor with joint Forces invaded the County of Kildare and burnt Athy but the Lord Justice immediately pursued them and leaving a Garrison at Athy he marched into Offaly and made a Fort at Dingen now Philipstown and forced O Connor to fly into Connaught But the Necessities of the State obliged the King to Coyn Brass or mixt Moneys and to make it currant in Ireland by Proclamation to the great dissatisfaction of all the People especially the Soldiers and about the same time Edward Basnet Dean of St. Patrick's in Dublin and the Chapter after some Reluctancy surrendred their Possessions to the King Three Things are observable in the Letters during this King's Reign 1. None of them do mention either the Year of our Lord or the Year of the King's Reign though all of them do take notice of the Day of the Month whereby this Part of the History was so perplex'd and confus'd that I will not promise that I have always guess'd the time aright though I have used my utmost diligence and endeavours to do so 2. All the Letters of this Reign conclude thus So knoweth God to whom we pray for your Graccs Prosperity or to that effect but these Words So knoweth God are always in although in the subsequent Words there is some Variation according to the Fancy of the Writer 3. Most of the Letters from the great Irish Lords even some of English Extraction are subscribed with a Mark very few of thembeing able to write their Names Sir Anthony Saintleger Lord Deputy returned on the sixteenth day of December with Sir Richard Read who was made Lord Chancellor in the room of Cusack and Cusack was made Master of the Rolls And thus stood the Government of Ireland during the Reign of King Henry the Eighth who Died on the twenty eighth day of January in the thirty eighth Year of his Reign and of his Age the fifty sixth THE REIGN OF EDWARD VI. KING OF England France AND IRELAND EDWARD 1546. the Sixth of that Name since the Norman Conquest was born at Hampton Court on the twelfth Day of October 1537. and succeeded his Father in the tenth Year of his Age on the twenty eighth Day of January 1546. and on the first of February Edward Seymour who was the King's Unkle by the Mother was made Protector of the King and Kingdoms and was afterwards created Duke of Somerset and on the twentieth Day of February the King was crowned at Westminster with great Solemnity Sir Anthony Saintleger continued in the Government of Ireland Ware 177. at first by the name of Lord Justice and afterwards by the Title of Lord Deputy and he proclaimed the new King on the twenty sixth Day of February 1547. and not long after Sir Richard Read was made first Lord Keeper and afterwards Lord Chancellor and the Earl of Desmond was constituted Lord Treasurer of Ireland on the twenty ninth Day of March and on the seventh Day of April the Privy Council was sworn viz. Sir Richard Read Chancellor George Archbishop of Dublin Edward Bishop of Meath Sir William Brabazon Vice-Treasurer Sir Girald Ailmer Lord Chief Justice of the King's Bench Sir Thomas Luttrel Lord Chief Justice of the Common Pleas James Bath Esq Lord chief Baron of the Exchequer Sir Thomas Cusack Master of the Rolls and Thomas Houth Esq one of the Judges of the King's Bench to whom afterwards others were added But the O Birnes took advantage of the Change of the Government and hoping that the Infancy of the King would occasion Disturbances in the State they began to be very unruly and troublesome insomuch that the Lord Deputy was necessitated to invade their Country he pursued them so close that he slew their Captain and drove themselves into the Woods and Fastnesses He also took two of the Fitz-Giralds who had formerly been Proscribed and now joyned with O Toole and he brought them and other Prisoners to Dublin where they were executed Nor were Patrick O More and Brian O Connor less forward than the rest but briskly invaded the County of Kildare and loaded themselves with Prey and Plunder but the Lord Deputy came seasonably to intercept them and having killed two hundred of the Rebels upon the Place the rest of them with their light-footed Captains fairly ran away But the Government of England wisely considering the fickle Inclinations of the Irish and the danger of a general Defection of that Nation from a Protestant King seasonably provided for that Kingdom so that Edward Bellingham with the
aut servitio dicto Comiti Tyrone suisque Haeredibus impendendo ac immediate parebit obediet Domino Regi sub ejus pace defensione perpetuo remaenebit suaeque Celsitudini de tempore in tempus solvet Bonagium Bonnaught caetera omnia Debita quoties ad id per Dominum Deputatum Concilium requisitus rogatus fuerit c. And on the eighteenth of July the like Order was made between O Donel and his Sons and several Proprietors of Tyrconel and O Donel's Authority was limited and both Parties were obliged to obey the Order on pain of forfeiting all their Estate And about the same time Brian Mac Mahon and Hugh Oge made their Submissions at Kilmainham and were pardoned the five hundred Marks they had forfeited by breach of their former Articles Lib. D. In the mean time the Scotch Islanders sent some Forces to the assistance of the Irish in Vlster but Andrew Brereton with five and thirty Horse met with two hundred of them and defeated them with great slaughter and by his good Conduct quieted Vlster and was therefore made General or Governor thereof But the Lord Deputy being recall'd took Shipping at Houth on the 16th day of December and being offered Testimonials of his good Government from the Council he modestly refused saying That if his Innocence would not defend him he would use no other Remedy than his Belief of the Resurrection of the Dead He was certainly a brave Man and an excellent Governor and would have been sent back with Honour if his Infirmities whereof he died the next year had not prevented it Sir Francis Bryan 1549. Lord Justice was chosen by the Council on the twenty 7th day of Decemb and sworn at Christ-Church in Dublin on the 29th but he enjoyed this Honour but a little while for the County of Typerary being infested by O Carol the Lord Justice made a Journy thither in favour of the young Earl of Ormond who was but twelve years old to protect the Country and on the second of February died at Clonmel whereupon Sir William Brabazon Lord Justice was elected by the Council he committed the Government of the County of Typerary to Edmond Butler Archbishop of Cashel and made a Journy to Limerick where Teig O Carol submitted and entred into Covenants of paying a yearly Tribute into the Exchequer and of serving the King with a certain number of Horse and Foot at his own charge and of renouncing his Pretences to the Barony of Ormond and afterwards the same Teig O Carol surrendred to the King his Country of Ely O Carol containing ninety three Plow-Lands and a half and the King re-granted the same to him and Created him Baron of Ely and by O Carol's means Mac Morough O Kelly and O Mlaghlin were now taken into Protection and Pardoned and by the Lord Deputy's Mediation the Earls of Desmond and Thomond who were wrangling about Bounds and the protection of each others Tories or Out-laws were reconciled on the eleventh of March Lib. D. and about the same time Dermond O Sullevan a great man in the County of Cork was together with his Castle or dwelling-House accidentally blown up by Gunpowder and his Brother Amalfus who succeeded him was likewise not long after killed But Bulloign being restored to the French on the twenty-fifth day of April 1550. the King was thereby enabled to send eight thousand Pound of the Money received there and four hundred men of that Garrison into Ireland which he did And thereby the Lord Justice was put into a Condition of pursuing Charles Mac Art Cavenagh Ware 188. who was again in Rebellion and was proclaimed Traytor and the Lord Justice acquitted himself so well in that Matter August that he killed many of Cave-nagh's Followers and burnt the Country But the French King hearing that the English marched an Army into Scotland lookt upon that Assault of his Ally as a Breach of the Peace with him and therefore sent an hundred and sixty small Vessels with Ammunition and Corn to assist the Scots it hapned that sixteen of them were shipwrackt on the Coast of Ireland however the King of England to obviate any Designs the French might have against his Dominions set forth a Fleet of twenty Ships and Pinnaces under the Lord Cobham which guarded two Harbors on the South and one in the North toward Scotland On the twenty third of October Richard Butler second Son of Pierce Earl of Ormond was Created Viscount Mountgarret and a little before that viz. on the tenth of September Sir Anthony Saintleger Ware 190. Lord Deputy returned to Ireland and Sir Thomas Cusack was made Lord Chancellor To this Deputy Mac Carty submitted in humble Manner and was pardoned and it seems that this Lord Deputy had Orders to call a Parliament but I do not find that there was any in Ireland during this King's Reign On the fourth of November Charles Mac Art Cavenagh made his Submission to the Lord Deputy at Dublin in presence of the Earls of Desmond Thomond Clanrickard and Tyrone the Lords Mountgarret Dunboyn Cahir and Ibracan and renounced the Name of Mac Morough and parted with some of his usurped Jurisdiction and Estate But let us cast an eye on the Affairs of the Church and we shall find that the Reformation made but small progress in Ireland since the same year produced Bishops of each sort for on the tenth of May Arthur Macgenis was by provision of the Pope constituted Bishop of Dromore and confirmed therein by the King and Thomas Lancaster a Protestant was on the third day of September made Bishop of Kildare However Bish Brown's Life 13. on the sixth of February the King sent the following Order for the Liturgy of the Church of England to be read in Ireland in the English Tongue EDWARD by the Grace of God c. Whereas our Gracious Father King Henry the Eighth of happy Memory taking into consideration the bondage and heavy yoke that his true and faithful Subjects sustained under the Jurisdiction of the Bishop of Rome as also the Ignorance the Commonalty were in how several fabulous Stories and lying Wonders misled our Subjects in both our Realms of England and Ireland grasping thereby the Means thereof into their hands also dispensing with the Sins of our Nations by their Indulgences and Pardons for Gain purposely to cherish all ill Vices as Robberies Rebellions Thefts Whoredoms Blasphemy Idolatry c. He our Gracious Father King Henry of happy Memory hereupon dissolved all Priories Monasteries Abbies and other pretended Religious Houses as being but Nurseries for Vice and Luxury more than for Sacred Learning Therefore that it might more plainly appear to the World that those Orders had kept the Light of the Gospel from his People he thought it most fit and convenient for the preservation of their Souls and Bodies that the Holy Scriptures should be Translated Printed and Placed in all Parish-Churches
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
Portcorn that matter be likewise amended next Parliament VI. To Report to the Queen the Quality and Merit of those that have acted or suffered for her and the Quantity of the Reward fit to be given them out of the forfeited Lands and under what Covenants and Reservations and She thinks it better to give it to their younger Sons than themsevles to increase the number of Freeholders VII To the same Effect VIII To lessen or dissolve the Pensions and gratify the Parties with Portions of forfeited Lands certifying the Value and Condition of the same IX To grant no more Land to any Man than he shall be able to People X. To renew and observe the Directions to former Deputies in all things that are not contradicted hereby XI Because the Tenants of the Crown are disabled by the Rebellions of James Fitz-Morris and Desmond to pay their Arrears to let them have new Leases for the Remainder of the Terms at the old Rent the fourth Part of which shall be paid in Beeves at 9 s. a piece or Corn at the rate of Port-Corn and for the Arrearages to give Instalments or to remit part or all as you shall find requisite XII To resume by Act of Parliament or on Composition with the Parties the Demeasnes and Conveniences of Her Houses and Castles of Dublin Killmamham Athloan Caterlagh Leighlin Monasterevan c. and to annex them inseperably to the respective Castles or Houses by Act of Parliament reserving the Ancient Rent XIII To do the like by any of the forfeited Lands that lie convenient for those Castles c. XIV To preserve the Woods on any forfeited Lands near any Navigable River for her use XV. That no Man Ecclesiastical or Civil that has any Function or Office be suffer'd to be absent from his Charge above two Months without special License on pain of Forfeiture XVI To enquire with the Council what Outrages have been done since March the 25th 1583. and how redressed who of Quality are Loyal Disloyal or Suspected and to send Her an Account of the true Estate of every Province in that Realm XVII To inquire into all the Jurisdictions and Irish-Chieferies Exactions Cuttings and Spendings which the Attainted Rebels enjoyed that She may retain them or by relinquishing them manifest to Her Subjects the easiness of Her Government and their Happiness under it XVIII That Commissions do not issue for every trivial Concern and that the Allowance to Commissioners be not as great and burdensome as formerly XIX That the Establishment for Conaugh be lessened and that Richard Bingham be Chief Commissioner of Conaugh XX. To place John Norris Esquire President of Munster with the same Allowance your self had when President there XXI To make Thomas Jones Bishop of Meath Norris Bingham and Thomas L'Estrange Esquire of the Privy Council XXII To place such an Arch-Bishop at Armagh now void as you and the Council think fit XXIII To certify Quarterly the whole Expence in Ireland and what is sent hence and what is received there to defray it And afterwards additional Instructions were sent to him as followeth I. To endeavour to ease Her Majesties Charge in Victualling the Army Lib. C. by getting Victuals in Ireland and to save the charge and hazard of Transportation II. To consider how a College may be Erected and St. Patrick's Church and the Revenue thereof may be appropriated thereunto and every Diocess by Act of Parliament be made Contributary out of the Leases of Impropriations III. To Name some that may be made Lord Barons IV. In the next Parliament to revive the Impost which has been expir'd these two years V. To endeavour the getting in of the Debts due to Her Majesty VI. To Discharge such of the Pensioners or to Reward them in forfeited Lands as you shall think fit VII To Prefer the Ancient Officers and Soldiers before new Comers VIII To take off the Wards and Garison from Fernes and Iniscorthy and other unnecessary places IX To repair the Forts of Leix and Offaly at as small Charge as may be and to prevail with the Inhabitants of the Country for whose Defence they are made to provide Carriage and Labourers and to render an Account of the Condition of those Countries and the Causes of it X. To recompence Edward Waterhouse for the voluntary Surrender of his Patent for maintenance of Boats over the Sheuin such Entertainment as you and the Council shall think fit XI To suffer no Man that was in the late Rebellions of what Quality soever to keep any other Arms than Sword and Dagger XII To encourage the Loyal and protect the pardon'd People of Munster and send your best Advice how Munster may be Repeopled The Lord Deputy spent 18 days in close Consultation with the Privy Council who were the Arch-Bishop of Dublin Chancellor Earl of Ormond Treasurer the Bishops of Armagh Meath and Killmore Sir John Norris Lord President of Munster Sir Henry Wallop Treasurer of Wars Sir Nicholas Bagnall Knight Marshal Robert Gardener Chief Justice Sir Robert Dillon Chief Justice of Common Banc Sir Lucas Dillon Chief Baron Sir Nicholas White Master of the Rolls Sir Richard Bingham Chief Commissioner of Connaugh Sir Henry Cowley Sir Edward Waterhouse Sir Thomas L'Estrange Sir Edward Brabazon Jeffery Fenton Secretary of State Warham Saint Leger and Sir Valentine Brown And as soon as he understood the true State of the Kingdom and had laid down the Measures of his Government he issued a Proclamation of Oblivion and Indemnity and then he sent the Earl of Desmond's Son James into England On the 15th of July The Lord Deputy began his Progress and came to Molingar the 16th and thence sent a Cypher to the Lord Chancellor and Sir Henry Wallop to Dublin whereby they might easily Decipher and understand his Letters which would be unintelligible to the Rebels if they should happen to intercept them thence he proceeded to Connaugh where he endeavoured to reconcile all the great Men of that Country and put to Death Donogh beg O Bryan a bloody Murtherer in this Journey he converted Fryer Malachias a Malone Brother to Mac William Eughter and from Gallway he came to Limerick where he received the News that the Scots to the number of 1000. in favour of Surleboy had invaded Vlster and he also intercepted O Neals Fosterer returning out of Munster from exciting the Irish Lords and Gentlemen there to a new Rebellion but tho this Messenger upon Examination confessed his Errand yet he assured the Deputy that all those he had gone to refused to Rise as long as Sir John Perrot and the Earl of Ormond whom they deemed just Men continued in the Kingdom Hereupon the Deputy took Pledges from those he most suspected and leaving the County of Cork to the Justices Walsh and Miagh the Sheriff Sir William Stanley and the Lords Barry and Roch Limerick to the Provost Marshal Desmond to the Earl of Clancar 1584. Sir Owen O Sullevan and O Sullevan more
Month. But the Lord Deputy was again allarm'd with a new Invasion of the Scotish Islanders and therefore Turlogh Lynogh being old the Baron of Dungannon was encouraged to oppose them but lest he should grow too popular by that Authority the Deputy thought it necessary to march into the North with such Forces as he had ready he left Dublin the 26th of June and passed speedily to Dungannon where most of the Irish Gentlemen of Vlster except James Carow came to him and submitted to his Lordship's command Hence the Deputy sent Captain Dawtry to the King of Scotland to pray restitution of the Irish Ships and Goods taken by his Subjects and that he would stop the Islanders from destroying Ireland to which he received a kind and favourable Answer dated at Saint Andrews the fourth of August 1585. but it came too late Four hundred Islanders arrived in Vlster and were joined by as many more under the Conduct of Con Mac Neal Oge's Son Hugh Mac Felim's Son O Kelly Mac Cartane c. and on the 28th of July were encountred by Captain Strafford and 170 Soldiers and a few Kernes who continued the Fight from Morning to four in the Afternoon still gaining Ground of the Enemy of whom 24 were slain and 40 wounded and of the English but 8 killed and 12 wounded and here my Authour truly observes that the Irish never gave the English a defeat but upon shrinking from them The Enemy passed the River Ban and went into Tyrone but were so pursued by the Baron of Dungannon and Captain Strafford that they were forced to repass the Ban and to retire toward Dunluce and finding no quiet there they went to Inisowen and designed to surprise Strabane but Hugh Duffe O Donell gave notice hereof to Captain Merriman and offered his assistance and so Merriman with 160 Soldiers and O Donell with a few of his fâ—llowers marcht all night to surprise the Scots But 〈◊〉 their great amazement they found the Scots in a readinesâ—â—nd above 600 strong so that they were able to divide 〈◊〉 Army into three divisions so to assail the Royalists threâ— several ways whilst the English being so few were forced to keep in one entire Body Alexander Mac Surly who commanded the Scots challeng'd Merriman to a Combate and a lusty Gallowglasse being by said he was the Captain and so to the Duel they go the Gallowglasse stund the Scot at the first blow but he recovering himself kill'd the Gallowglasse and thereupon Merriman stept out and fought Alexander a good while with Sword and Target and so wounded him in the Leg that he was forced to retreat and thereupon his Army being discouraged were totally routed and Alexander being hid under a Turf in Cabbin was discovered and his Head cut off and set on a Pole in Dublin But how fortunate soever the Summer Progress was yet the Deputy's Enemies complain'd against it as chargeable and unnecessary so that he was forced to return to Dublin the 16th of August where old Surlyboy came and submitted unto him The chief Articles against the Deputy were That he was severe and forc'd the People to the Oath of Allegiance and pryed into men's Patents and endeavour'd to promote Laws against Recusants and to repeal Poyning's Act and this Impeachment was abetted by the Chancellour whom being also Archbishop of Dublin the Deputy had disoblig'd by endeavouring to appropriate the Revenues of St. Patrick's Church to the new design'd University and by carrying himself too Magisterially in the Government with the Chancellour Sir Henry Bagnal Secretary Fenton and others of the Council sided so that it grew into a powerfull Faction by which the Deputy was often thwarted at Council Board and else where The Lord Treasurer of England was a fast Friend to the Arch-bishop so that by his means the appropriating of the Livings of St. Patrick's Church was stopt and other Affronts were put upon the Deputy which so enraged him that he spoke some passionate words of the Queen which were the cause of his Ruine afterwards and particularly having received some kind Letters from the Queen after some ill usage that he resented Look ye says he to the standers by now the Queen is ready to bepiss her self for fear of the Spaniard I am become her white Boy again This Deputy was supposed to be the Son of Henry the Eighth and had much of his towring Spirit in him When he was Condemn'd he ask'd the Lieutenant of the Tower whether the Queen would sacrifice her Brother to his frisking Adversaries meaning the Lord Chancellour Hatton who he said came into Court by the Galliard He was condemn'd on the Preists forged Letter and dyed suddenly in the Tower and his Son Sir Thomas Perot was restor'd to his Estate Nor did these his open Enemies only impeach him themselves but they also instigated the Lords and Gentlemen of the Pale as was believed to complain by their Letter of the 15th of July 1585. that besides the 2100 l. which they had consented should be levyed in lieu of the Cess the Lord Deputy design'd to impose a second Charge of 1500 l. per annum upon them thereby to make Her Majesty's Government intolerable to them but some of these Lords and Gentlemen being afterwards undeceiv'd generously wrote their Retractation of their former mistake to the Lords of the Council of England Nevertheless the Deputy proceeded in his duty and issued a Commission to two and twenty Gentlemen whereof Sir Richard Bingham Lib. L. 15th July 1585. White and Waterhouse were of the Quorum Authorizing them to compound between the Queen and the Subject and between the Lord and the Tenant for Cess Cuttings and other incertain Exactions and to bring the Inhabitants of Connaugh and Twomond to a composition of paying ten Shillings per annum for every quarter of Land containing 120 Acres besides a certain number of Soldiers amongst them on every rising out they proceeded by Inquisition by a Jury to find out the number of Plow-lands and the County of Mayo was found to contain 1448 quarters of Land whereof 248 might be exempted and paid 600 l. per annum and contributed 200 Foot and 40 Horse at their own charge when required and 50 Foot and 15 Horse in such manner as the Peers and English Bishops ought to do Sept. 1585. and this was done by Indenture whereby they voluntarily renounced the Irish Captainships Styles and Titles and abolish'd the Irish Gavelkind and Tanistry and agreed to hold their Lands by Patent according to Law and the like was done in the rest of Connaugh and the whole Province was found to contain 8169 quarters of Land whereof 2339 being exempted there remain'd 6836 liable to an annual Rent of 3418. 5. 8. and to contribute 1054 Foot and 224 Horse to the General Hostings in Connaugh and 332 Foot and 88 Horse at any time for Forty days any where in Ireland And Twomond for 1259 Plow'd Land agreed to pay 543 10 0
entred Clan William 1600. and John Burk refusing to submit personally pretending that his Priests taught him that it was a mortal sin so to doe The President disdaining that frivolous Answer the next day burnt and destroyed his Houses Corn and Country and then on the 30th of May Burk came and submitted and was with his brother Theobald with difficulty received upon their putting in Pledges for their future Loyalty The last of May the President took Ballytrasny Castle which the Ward had deserted and therein a great quantity of Corn and then part of the Army destroyed the Owny being O Mulrian's Country and then the whole Army returned to Lymerick and Garisons were placed in Asketon and Likadowne Killmallock and Lymerick Florence Mac Carty had by Letter to the Sugan Earl of Desmond a Truce or Cessation with the President and about this time had a meeting with the Confederates in Connilo where he slily betrayed his Brother-in-Law O Sullevan Moor and others and left them in pawn to Dermond O Connor for what Bonaught himself should have paid The President 's Army being refresh'd by the Arrival of Captain Harvy's Ship at Lymerick he put his Soldiers into the aforesaid Garisons to give the better opportunity to Dermond O Connor to effect his design against the Sugan Earl who would probably thereupon disperse his Forces likewise This plot was craftily managed and Desmond was taken and afterwards rescued by the Irish out of Castleishin the 26th of June whereof you may read at large in Pacata Hibernia In the meantime O Donell invaded Twomond with a great Force but that Earl having part of the President 's Army often skermish'd with the Rebels successfully and on Midsummer day forced them out of the Country But let us return to Vlster where we shall find O Neal in his Camp near the Newry triumphing because the Lord Lieutenant was gone to Dublin from his Camp On the eighth of June he wrote Letters to Owen Mac Rory about the delivery of the Earl of Ormond who was ransom'd on the 17th of June for 3000 l. for which he gave 12 Pledges who were afterwards delivered without payment of the Money upon the Submission of the Septs of Kellyes and Lalors in August following On the 19th of June the Lord Lieutenant wrote to England that he found more difficulty to govern the Subjects than to suppress the Rebels and that he fear'd an invasion from Spain and therefore desired that some Ships might lie on the West of Ireland and that the Army might be strengthened But it seems that Tyrone drew his Forces towards Loghfoyle to straiten Derry and that Sir Samuel Bagnall taking advantage of Tyrone's absence there and O Donell's in Twomond drew out of Newry into Managhan where he took a Prey kill'd six Commanders and about 60 Rebels and returned with the loss only of three men and 20 hurt and Sir Henry Dockwra and the Garison of Derry by the help of Art Mac Turlogh O Neal did waste O Cahan's Country and took Dunalong before Tyrone's face and placed Captain Bowles in Garison there and by the assistence of Neal Garve he also took the Castle of Liffer to O Donell's great dissatisfaction and about the same time a Spanish Ship arriv'd at Calebeg with arms and money and thereupon the Rebels flockt thither and left the Country open to the English Garisons The Subjects of the Pale sent over the Lord of Howth Morison 78. and Sir Patrick Barnewell to complain of the Injuries they received from the Army and made a Tax of 3 s. per Plow-land to bear the charge of their Agents though they had been very backward to contribute so much towards the Queen's Charge but these Deputies were reprimanded for coming without the Lord Lieutenant's leave and sent back with a Flea in their Ear and referr'd to the Lord Lieutenant From the 7th to the 12th of July Sir Oliver Lambert accompanied with the Earl of Southampton staid in Ophaly and made a Causway and a small Fort in the Fastness to faciliate the Relief and Victualling of Philipstown and about the same time Sir Richard Morison Governour of Dundalk took a considerable Prey in the Fews whereupon several Rebels offered to submit but were refused Pardon unless by Service they should deserve it On the 12th of July Mountjoy went to the Borders of Vlster where O Connon Roe Macguire submitted and was pardoned but O Neal keeping himself in his Fastness so that there was no coming to him the Lord Lieutenant returned to Dublin On the 12th of August Mountjoy with 560 Foot and 60 Horse and some Voluntiers march't to Naas and thence to Philipstown and in his way took a Prey of 200 Cows 700 Garons and 500 Sheep and so burning the Country on the 16th he came to the Pass where Sir Oliver Lambert was to meet him both of them skermished all the way and slew many Rebels and at Noon they met on the 17th they marched together to another Fastness where Owny Mac Rowry and Tyrell encountered them Montjoy was in great danger having his Horse slain under him but the issue was that Owny Mac Rowry and Callogh Mac Whalter and 35 Rebels were slain and 75 wounded whereby the O Moors were totally discouraged Montjoy staid in this Country till the 23d of August and destroyed 10000 l. worth of Corn and slew more or less of the Rebels every day one Lenagh a notorious Rebel was taken and hang'd and a Prey of 1000 Cows 500 Garons and many Sheep was taken by Sir Oliver Lambert in Daniel Spany's Countrey with the slaughter of a great many Rebels whereupon Redm Keating and the Septs of Kellyes and Lalors submitted and were pardoned on the discharge of the Earl of Ormond's Pledges which were in their Custody Sir Arthur Savage Governour of Connagh designed to meet the Lord Lieutenant but could not accomplish it though he prey'd and spoild the Country as far as he came and slew many Rebels in the Skermishes he had with them The Lord Lieutenant returned to Dublin August the 26th and on September the 14th began another Journey into the North on the 20th he encamped at Faghard three Miles beyond Dundalk where his Army being mustered were in List 4150 but by Poll but 2400 Foot and 300 Horse he was by extremity of Weather detain'd there till the first of October In the mean time O Neal had possessed himself of the Pass of the Moyry but on the 2d and 5th of October the English skermished so successfully with them that on the 9th they quitted the Fastness whereupon Montjoy cut down the Woods on both sides and having refreshed his Army at Dundalk on the 21st of October he march'd to the Newry where for want of Victuals he stayed till the second of November and then encamped near the place where he then built the Fort of Mountnorris and left in it 400 Men under Capt. Blany whilst they were building the Fort they had many Skermishes
and O Crowlyes of Carbry submitted and came under protection but they relaps'd when the Spaniards landed at King-sale And on the 29. August Cahir Castle was surrendred voluntarily by James Galde by the means of his Brother the Lord of Cahir And about the same time Mac Donough Mac Auliff and O Keef likewise made their submissions The Sugan Earl and Peirce Lacy being enrag'd at the Knight of Kerry's submission invaded his Country but were forc'd by the Knight to return faster then they came two of their Captains and sixteen of their Men being slain And soon after Sir Charles Wilmet took Ardart Castle in Kerry after a good Defence made by the Ward Honora ni Brien Sister to the Earl of Thomond and Wife to the Lord of Kerry invited the famous Maurice Stack to Dine with her at Beauliew where she caus'd him to be barbarously murder'd and the next day her Lord also hang'd his Brother Thomas Stack who was his Prisoner However Wilmot so manag'd his Affairs that the Sugan Earl was forc'd to leave Kerry and in his passage to Arloghwoods was set upon by the Garrison of Kilmallock and 120 of his best Men slain and 80 wounded and 150 Arms and 40 Horses taken as also 300 Garrans loaden with Baggage and all their Cows and Sheep whereby the Earl was quite undone and his Forces scattered and himself forced to fly into Typerary and Ormond and his Brother and Piers Lacy retired into Vlster It is observable that the Irish were so blindly devoted to Popery Cambd. Eliz. 584. that many of those that had been Loyal sent to Rome for a pardon for their sin in not entring into Action and a Dispensation for the time to come from entring into open Rebellion In the mean time the Queen by the Advice of Sir Ro. Cecil and the Lord President sent over James only Son of Garret last Earl of Desmond attended and equipp'd according to his Quality in hopes he might regain the Followers of his Family and reduce them unto their Obedience and Duty His Patent was sent to the President to keep or give it as he should see cause and a Company of Foot was cashier'd for his maintenance which was to be in the President 's House for fear of the worst when he came to Cork the Inhabitants finding he was a Protestant refus'd to entertain him so that he was fain to obtrude himself upon the Mayor where he supp'd and after Supper he wrote a Letter of this usage to the Lords of the Council but the Mayor told him No Letters should go out of his House but what he saw However the Earl sent away his Letters Lib. D. D. D. and the Queen on Notice hereof ordered the Lords of the Council to reprimand the Mayor c. which they did to purpose by their Letter of 10. November 1600. Upon this Earls first coming to Kilmallock multitudes flocked thither to see him and pay their Duty to him but as soon as they saw him go to Church they all forsook him yea cursed him and spit upon him however he prevail'd with Thomas Oge Constable of Castlemayn 4. November to deliver that Castle and two of Peirce Lacy's Sons into his Custody which was all the Service he did or could do whilst he staid in Ireland But it is worth noting that Florence Mac Curty upon the President 's Word came to him to Mallow and assur'd him of his Loyalty by all the Oaths and Asseverations imaginable and yet whilst he was in the House he wrote Letters to Thomas Ogeâ— not to surrender Castlemayn and assured him of Reward and Relief so exceedingly falshearted was this mighty Hypocrite and these Letters were by the diligence of Mr. Boyle afterwards Earl of Cork intercepted However at length he submitted and put in two Pledges on the 29th of October In the mean time Wilmot had taken the Castle of Clancoyne by Sir Fra. Barkly and on Notice that the Lord of Kerry and Knight of the Glin were in the Woods with 80 Men he pursued them so close that he slew 60 of them and narrowly mist the two principals And on the Fifth of November he sat down before the Castle of Listoel and after a good Defence and ten days time it was surrender'd to him together with the Lord of Kerry's Son and all his Chattels About the same time Sir Richard Pearcy sent part of the Garrison of Kingsale to Carbry where near Kilco they took a Prey of 300 Cows and in November took another Prey of 200 Cows in Kinalmeky and now some difference arising between the Cartyes and Learyes about some stolen Cows they had a Battle at Ahakery where O Leary and ten of his men were slain The Lord of Muskry would have reveng'd the slaughter of his Followers but the President would not permit him lest thereby he should put the Country in confusion and make such a Flame as he could not quench In the mean time the Lord or Chief of Muskry was underhand dealing with O Neal whom he advis'd not to trust any of English Extraction and assur'd him he would dissemble with the President until Aid should come and Florence Mac Cartie levied 1000 Bonaughs in hopes of Recruits they daily expected from Connaugh and Vlster and indeed Forces were there assembled for their assistance and they would have Invaded Munster but that Redmond Burk expected great matters from the President and therefore would not disturb his Province and the Sugan Earl was jealous of the Bonaughs and every body was doubtful of Florence Mac Carthy and so this great cloud vanished and the Rebels dispersed into Ormond and Typerary Sir Charles Wilmot drew near to the Abby of Ratoo in Kerry whereupon the Rebels burnt it however he met 100 Bonaughs under Mortagh mac Shihy whereof he slew 40. Dermond O Connor whose Wife was Sister to the Queen's Earl of Desmond was so well pleas'd with the Honours the English did his Brother-in-Law that he resolv'd to come to him and to do some service acceptable to the State and accordingly he obtain'd Pasports but Tybot ni Long who had a Company in the Queens Pay pretending ignorance of his Pasport in favour of the Rebels fell upon him in Claâ—riccard and slew 40 of his men and took him Prisoner and the next day cut off his head whereupon the Queen took away Tybbott's Company from him On the 18th of November the President kept Sessions at Limerick and afterwards at Cashell and on the 28th of November at Clonmell where the Earl of Ormond met him and promis'd to expel the Rebels out of his Palatinate and in order to it in January his Forces assail'd the Rebels slew 40 of them and particularly Thomas Burk Brother of Redmond and took 30 Arms and forc'd Redmond and his Followers into the River Nore where 70 of them were drowned and many with their Baggage taken and particularly John Burk another Brother of Redmonds who was soon after executed at Kilkenny
charge for Gallowglasses number and time certain viz. Meat and Drink one day in a Fortnight Soroheen more was an equivalent for the other in Quirrens of Butter and Srones of Oatmeal South alias Tax or Tallage is a Contribution towards the payment of the Lords Debts or any other extraordinary occasion vide Cuttings Stanihurst a Treatise in Latin of the Conquest of Ireland by Richard Stanihurst Sullevan the Catholick History of Ireland written in Latin anno 1621. by Philip O Sullevan Siurirupes Carig ni shure alias Carrick in Com' Typerany T. Termon-lands are Lands belonging to the Church and were priviledg'd from Taxes and it seems the Termon was the Clergy-mans Tenant or Servant Turbarii Kernes Irish Foot-Souldiers lightly arm'd Tagh of Land is 60 acres Tuethia the Territory of Mac Swiny na doo in Com' Donegall Tirconell the County of Donegall Tybrach a Castle within two miles of Carrig and not Typerary as is by mistake supposed pag 40. Trowses are Britches and Stockings made to sit as close to the Body as can be Tate is sixty Irish acres V. Vriell is the County of Louth Vallis Juncosa Slevelogher the Mountain between the Counties of Cork and Kerry W. Ware Sir James Ware 's Annals of Ireland Ware de Presul the same de praesulibus Hiberniae Ware de Antiq. the same de Antiquitatibus Hiberniae ERRATA APparatus pag. 1. read 150 of the same miles broad p. 26. read Squaleing Engine Pag. 9. line 16. read irrita p. 11. l. 24. r. Birne p. 13. l. 11. r. next day p. 18. l. 41. r. inheritance p. 20. l. 28. r. Army was p. 23. l. 7. r. Tuam p. 27. l. 35. r. extirpate p. 37. l. ult r. and he without delay p. 44. l. 33. r. extraordinary p. 52. l. 44. r. Combatants l. 46. r. Nor the strong p. 57. l. 2. r. beholding to Ireland p. 63. l. 3. r. fideli p. 69. l. 38. r. Carbry p. 73. l. 46. r. and tho' the Britton had p. 109 l. 23. r. by methods p. 111. l. 20. r. Lucy p. 117. l. 7. r. and the King by his Patent p. 121. l. 17. r. Custodium p. 129. l. 5. r. and wounded the Earl p. 153. l. 34. r. Athy p. 157. l. 34. r. Heir Male p. 183. l. 21. r. Xeesh p. 190. l. 15. r. from his Journey p. 200. l. 16. r. in the world p. 208. l. 16. r. Clogher p. 211. l. 39. r. blows p 213. l. 19 r. repostum l. 42. r. James p. 234. l. 8. r. sixteen hundred p. 260. l. 9. r. quieted p. 261. l. 1. r. Finin O Driscoll l. 37. r. at four p. 271. l 40. r. if they prove p. 321. l. 43. r. 1565. p. 324. l. 5. r. Alexander Oge p. 325. l. 3. r. by Affane p. 329. l. 13. r. offenders in Parliament p. 367. l. 43. r. Thomas Butler alias Becket p. 368. l. 18 r. combat p. 370. l. 8. r. at wars p. 399 l. 30 r. aspersions p. 417. l. 20. r. gap p. 418. l. 19. r. root p 420. l 8 r. at loose fight p. 421. l. 15. r. O Birnes p 422. l. 9. r. figary l. 31. r. he deposed p. 425. l. 30 r. Barret l. 44. r. hereupon p. 426. l. 32. r. disown'd a Truce I do hereby License a Book written by Mr. Richard Cox intituled HIBERNIA ANGLICANA or The Second Part of the History of Ireland to be Printed and Published Given at the Court at Whitehall the 18 th day of February 1689-90 Shrewsbury Let this Book intituled HIBERNIA ANGLICANA or The Second Part of the History of Ireland be Printed Nottingham Febr. 18. 1689-â—â— HIBERNIA ANGLICANA OR THE SECOND PART OF THE HISTORY OF IRELAND From the CONQUEST Thereof by the ENGLISH To this Present Time By the Author of the First Part. ΕΙΚΩΠΒΑΣΙΛΙΚΗ 61. Indeed that Sea of Blood which hath been cruelly and barbarously shed in Ireland is enough to drown any Man in eternal both Infamy and Misery whom God shall find the malicious Author or Instigator of its Effusion Earl of Clarendon against Cressy 71. Was not the Rebellion begun and carried on by the King's Roman Catholick Subjects Was there one Man but Catholicks that concurr'd in it And did they pretend any other Cause for it but Religion In the SAVOY Printed by Edward Jones for Joseph Watts at the Angel in St. Paul's Church-yard Matthew Gillyflower in Westminster-hall Charles Harper in Fleet-street and Samuel Crouch in Cornhill MDCXC TO THE KINGS Most Excellent MAJESTY GREAT SIR IT is noted by the Lord Bacon in the Life of the Wise and Victorious Prince King Henry the Seventh That it was his Custom to be First or Second in all his Warlike Exploits and that it was his Saying when he heard of Rebels That he desir'd but to see them What Your Majesty has lately published to the Two Houses of Parliament is of the same Spirit and Policy But This is not the only Parallel between Your Majesty and that Great King for He also came from Abroad yet with this Distinction that His Coming was only to assert his Particular Claim whereas the Coming of Your Majesty was of Vniversal Concern it being to free us all who were at the Brink of Idolatry and Bondage To whom then GREAT SIR should I Dedicate this Second Part of the History of Ireland but to Your Majesty who now Dedicates Your Self to the Redemption of Ireland and being thus far in Possession of the Subject I am already preparing to Record all Your Majesty's Glorious Atchievements and am in certain expectation of a greater Theme than ever that Kingdom could hitherto boast 'T is true Your Majesty hath herein the Power of Two Kings to Oppose but 't is no ill Symptom that by what you have already done the One of them has been constrained to send his Plate and the Other his Cannon to the Mint Nor ought we to think better of Irish Armies or Irish Courage than is thought by those who judge Both well paid for when but rewarded with Copper 'T is certain The Bulk of that Nation are already surfeited with the Stratagem of that Imaginary Coin they feel the Fruits of contending for a French Interest by the Slaughter Sickness and Defolation of the Year past so that 't is possible Humane Nature may at length be too hard for the Priest and the Politician too and that when by Your Majesty's Presence they behold their Ruin at hand they may give more Exercise to Your Mercy than to Your Sword It was truly observed by Your Majesty in Your late Gracious Speech That in the speedy Recovery of Ireland the Place and Honor of England did consist and that hereby alone Taxes could cease So that as Your Majesty is now willing to expose Your Person for those Great Ends 't is not to be feared but the Nation will second Your Majesty with such Royal Supplies as may make it a short and not a lingring Work for not only in This but
of March 1625 having in his Life-time created the Irish Nobility hereafter mentioned viz. February 23d 1603. Rory O Donell Earl of Tyrconnel February 23d 1615. Sir Arthur Chichester Baron of Belfast since Earl of Donegal July 14th 1616. Brabazon Baron of Ardee since Earl of Meath September 29th 1616. Sir Richard Boyle Baron of Yough-hall afterwards Earl of Corke May 25th 1617. Ridgeway Baron of Galenridgeway since Earl of London-Derry July 20th 1617. Moor Baron of Melefont since Earl of Drogheda Septemâ—er 6th 1617. Touchet Earl of Castlehaven and Baron Orior February 17th 1617. Lambert Baron of Cavan since Earl of Cavan Ibid. Bourk Baron of Brittas May 8th 1618. Hamilton Baron of Strabane January 31st 1618. Blunt Baron Mountjoy Ex. June 29th 1619. Mac Donald Viscount Dunlucâ— since Earl and Marquess of Antrim February 19th 1619. Sir Richard Wingfeild Viscount Powerscourt July 1620. Preston Earl of Desmond Viscount Dunmore Ex. May 1621. Dockwray Baron of Culmore Ex. Ibid. Blany Baron of Monaghan March 1st 1621. Henry Power Viscount Valentia Ex. Theo. Butler Viscount Tullagh THE REIGN OF CHARLES I. KING OF England Scotland France AND IRELAND CHARLES the only surviving Son of the Deceased King James 1625. by undoubted Right succeeded his Father in all his Dominions on the 27th day of March 1625 and was accordingly Proclaimed the same day and on the 23d day of June following he was Crowned at the Abby of Westminster with great Solemnity and as to Ireland HENRY Viscount FALKLAND was continued Lord Deputy and other inferior Officers likewise were confirmed in their respective Places but the Affairs of England being not a little out of Order the Irish took advantage thereof to be very high and insolent at home to which they were much encouraged by the Bull of Urban the 8th of the 30th of May 1626. to the English Catholicks exhorting them rather to loose their Lives then to take Noxium illud illicitum Anglicanae fidelitatis Juramentum 1626. quo non Solum id agitur ut fides Regi servetur P. W. Remonstrance 11. sed ut sacrum Universae Ecclesiae sceptrum eripatur Vicariis Dei Omnipotentis that pernicious and uâ—lawful Oath of Allegiance of England which his Predecessor of happy Memory Paul 5th had condemned as such Hereupon it was found necessary to increase the Army to the number of Five thousand Foot and Five hundred Horse the Charge whereof amounted unto 64240 l. 1 s. 2 d. which was more then the Kings Revenue out of which the Civil List was nevertheless to be paid so that it was necessary to find out some other Bund for the support of the Army and until that could be done the Lord Deputy and Council on the 14th of September by their Letters did recommend several Troops and Companies of the Army to the Counties and Towns of the Kingdom to be maintained for three Months and so from three Months to three Months until the last day of March 1628 and this whole Charge or Incumbrance on the Countrey was estimated at 36951 l. 6 s. 7 d. ½ and in the King's Letter of the 22d of September 1626. to raise this Army and that the Countrey should maintain it with Money Cloaths and Victuals his Majesty promises in lieu thereof to Grant certain Graces to the Countrey and particularly to suspend the Composition But the Gentlemen that were Agents from Ireland did to ease the Kingdom from that oppression offer to pay 40000 l. a Year for three Years in the nature of three Subsidies and to pay it quarterly from the first of April 1628. which was accepted of and the same was Paid accordingly until the first day of October 1629. On the 16th of May 1626. 1626. The King reciting a Complaint of Sir Samuel Smith's against the Lord Chancellor and that there was difference between the Lord Deputy and Chancellor 1. Because the Chancellor refused to Seal some Patents offered to him 2. Because he denied to appoint Judges for Circuits when thereunto required by the Deputy 3. Because he refused to appoint Justices of Peace at the Lord Deputies Nomination and made one Justice of the Peace against his Express prohibition to which the Lord Chancellor made Answer That in the first Case there was matter of Equity Convenience of State and Question in Law unresolved and that in the sesond Case he had directions in the time of King James and that in the third Case it was the Priviledge and Jurisdiction of his place Therefore the King orders That the Chancellor bear fitting respect to the Lord Deputy who is his Majesties Representative and as to the Matters in Debate if the Chancellor refuse to Seal any Patent in question for Reasons of State that the Cause be debated in Council and if then they think it fit and the Chancellor still refuses till he has appeal'd to his Majesty as he may it shall be at his Peril if the State suffer by his delay if the Question be in Law that the Judges decide it and if the Chancellor be not satisfied therewith he ought to appeal to the King for farther Directions and particularly about the Patent for Tanning Leather As to the Second if the Chancellor will not appoint Judges as the Lord Deputy desires that then it be refer'd to the Council-board and their Sentence be definitive as to that And as to the Third the Chancellor will not refuse to make any Man a Justice of the Peace recommended by the Lord Deputy if he does that then the Order of the Council-Table shall govern that Matter and in all these Cases it becomes the Chancellor to repair to the Deputy and acquaint him with his Reasons whenever he refuses And as for Sir Samuel Smith's Complaint his Case was that he had the sole Nomination of those that should be Licensed to Sell Aquavitae and did set that Priviledge to one Miagh for the County of Cork the King appoints the Chief Justice Chief Baron and Sir John King to Arbitrate that Matter and to make Reparation to Miagh whose Patent must be called in because he is an infamous Person and unfit for that Trust and a new Patent for that County must be Granted to whom Sir Samuel Smith shall name In the same Month of May the King sent an Order to the Lord Deputy to make a Lord High Steward c. for the Tryal of the Lord of Dunboyn by his Peers upon an Indictment found against him in the County of Typerary for killing a Man and in January after the Earl of Marleburgh Duke of Buckingham and the Lords of Pembrook Dorset Grandison Conway and Carlton and Sir Richard Weston were made Commissioners or rather a Committee for Irish Affairs And on the Eighth of February Edward Brabazon Baron of Ardee was ordered to be Earl of Catherlogh but for what Reasons I know not he had not that Title but was afterwards made Earl of Meath And on the Second of March his Majesty sent an Order
ordering the Country People to bring in their Corn to Market or else that their Haggards should be put under Military Execution by which means the Market was pretty well supplied And on the last day of December Sir Symon Harcourt with his Regiment of Twelve hundred Foot from England landed at Dublin But whilst these things were doing Sir Thomas Carey and Doctor Câ—le a Sorbonist offered from the Rebels some Propositions whereupon a Treaty for Peace might be founded viz. 1. Toleration of Religion 2. That Papists shall have admittance to all Employments as well as Protestants 3. The Wrongs of Plantations since 1610. to be repair'd 4. The Titles of Rebels and Traitors should be taken off the File by Proclamation But these Terms were too dishonorable and therefore were rejected Nevertheless some Popish Priests that pretended to more Moderation and Humanity than the rest were permitted to Treat with the Rebels and Doctor Cale obtain'd a Commission from the State to do so and promis'd great Success of his Negotiation But the Rebels were elevated with their Fortune insomuch that Sir Philemy O Neal refused to Treat unless Macgulre and Macmahon were set at Liberty and so that Affair determined And now Sir Simon Harcourt being made Governor of Dublin Sir Charles Coot on the Tenth of January was sent abroad to remove the Enemy from Swords a Village Six Miles from the City The Irish had barricadoed the Avenues to the Town and did what they could to defend themselves but Coot despising their weak Opposition valiantly forced the Passage and routed the Party with the slaughter of Two hundred of them and returned to Dublin with little or no Loss except that of Sir Lorenzo Cary who was killed in this Action On the Eleventh of January the Parliament was by Proclamation prorogued to the Twenty first of June 1642. But the Speakers declared to both Houses ☜ That notwithstanding the Prorogation it was not His Majesty's Intention to depart from or wave any thing he had formerly promis'd for the Confirmation of their Estates to such of his Subjects as should continue Loyal On the Fourteenth of January the Lords Justices and Council issued a severe Proclamation against Pillagers and Vagrants that were not Listed under any Commander and on the Eighteenth published another Proclamation prohibiting Soldiers from returning to England without Licence on pain of Death And on the Twenty fourth of January there landed at Dublin the Lord Lieutenant's Regiment of Foot under Lieutenant Colonel Monk afterward Duke of Albemarle Sir Michael Earnly's and Colonel Cromwell's Regiments likewise of Foot and the Lord Lisle's and Sir Richard Greeâ—vill's Regiments of Horse which enabled the Lieutenant-General Ormond with Two thousand Foot and Three hundred Horse to march out into the Country where he burnt Newcastle and Lyons and got a cosiderable Booty at the Naas and by this Joâ—â—ny removed the Enemy farther off See this Proclamation Burlace Append 6. and on the Eighth of February the Government issued a Proclamation against the Rebels prizing Sir Philemy O Neal's Head at a thousand Pounds and the rest at proportionable Rates against which the Lords of the Pale framed a false and scandalous Protestation But it is time to return to Tredagh which by the importunity of those of the Pale was become the Rebels chief Aim and next to Dublin the chief Care of the State It was the principal Scene of Action during the Months of December January and February and therefore I have preserved the Relation of that Siege intire without mixing it with other Affairs Tredagh in Irish Drogheda in Latin Pontana is an ancient Walled Town situate on both sides the River Boyne and united by a Stone Bridge from which the Town derives its Name It is about two Miles in Circuit and about three Miles distant from the Sea It had neither Bulwark nor Rampire nor any other Fortification than an ordinary Ditch and the old Wall The Haven is not good the Entrance being very narrow and difficult by reason of a Bar in the Mouth of the Harbor which is not passable but at Full Sea and then especially on Spring-tides a Ship of Sixty Tuns may sail to the Key of Tredagh Finally This Town is Governed by a Mayor Aldermen and Sheriffs and is a County of it self and stands in a plain open fruitful and Champion Country To this Town came the Lord Moor with his Troop of Horse from his House at Mellefont upon the first notice of the Irish Rebellion even on the Twenty third of October about Midnight and being alarm'd by the dismal Stories of some which had escaped the Cruelties of the Rebels he caused the Mayor and Aldermen to be awakened and excited them to a speedy and vigorous Preparation for their Defence They promised fairly but acted slowly insomuch that altho' many hundreds of the Townsmen well armed used to appear on Muster-days yet now they could not get above Forty Men together and those but very ill armed but afterwards the Number encreased to Two hundred However this Noble Lord was not discouraged but having got some old Guns out of a Dungeon and Four more and some Powder out of a Ship in the Harbor he scowred the Ditch and repaired the Walls and mounted his Artillery and reviewed Captain Nettervill's and Captain Rockby's half Companies each consisting of Forty four Men of the Standing Army and did every thing else in his power that was necessary for the Defence of the Place Nevertheless finding that all this would not do without farther Succour he went to Dublin in a dark Night and effectually represented to the Government the Weakness and Importance of Drogheda and offered to augment his own Troop of Sixty to a hundred and to raise a hundred Foot at his own Charge But what he obtained was a Promise That Succours should be speedily sent And in the mean time Captain Seafoul Gibson had a Commission and Arms for a hundred and twenty Men which he raised in Tredagh in two Hours time and that very Night they were set on the Watch and were kept to so hard Duty that this Captain and the Lord Moor did watch Ten Nights together in their own Persons which was the more troublesom to them because they were frequently on every day especially at Church-time disturb'd with Alarms purposely made by the Popish Inhabitants to distract them And altho' the Lord Moor had the good Success in several Sallies and Excursions to kill Two hundred of the Rebels and to take Eighty Prisoners whereof Six only were hang'd yet the Popish Townsmen finding that no Supply was come to the Town nor as they thought likely to come and that on the contrary the Rebels had taken Dundalk and Drâ—miskin formed several Contrivances to give up the Town One Night when they design'd it they were prevented by a Rumour That the Protestants had re-taken Newry and another Night Captain Nattervill who had form'd his half Company to his mind and was in
Confederates and that Goods recovered he restored to the right Owners and that all who assist or favour the Enemies or stand Neuter be Excommunicated and that all Invaders of any Irishman's Property be Excommunicated and that those Excommunicated shall be excluded from Confession and Sacrament and that Importers or Makers of Arms Powder c. shall pay no Taxes and that in the next Congregation Embassadors be appointed to be sent to the Pope the Emperor and the Kings of France and Spain and that a Clergyman or a Lawyer be of the Quorum in every Embassie and that part of the Church-Livings be given to the Clergy and the rest to support the War and that Two Confessors and One Preacher be appointed for every Regiment c. And afterwards viz. on the Twenty fourth of October there was a General Assembly of the Lords Spiritual and Temporal and others the Representatives of the Confederates at Kilkenny and they likewise made many Ordinances mention'd at large Burlace Appendix 8. which are to this effect That the Popish Church in Ireland shall enjoy all Privileges according to Magna Charta and that the Common Law of England and all Statutes not inconsistent with the Freedom of Religion and the Liberty of the Subject be of force That Allegiance shall be continued to the King and His Prerogatives supported That the Law shall be executed as well as the Circumstance of War and the Absence from Dublin will permit That a Supreme Council of Twenty four be establish'd whereof Twelve constantly to reside and One of them to be President and Nine to be a Quorum of which Seven must concur to make any Vote obligatory and if a greater Number be present Two thirds must agree This Council shall have Authority over all Officers Civil and Military shall name Sheriffs Supreme Provost-Marshals c. and may do any thing for the Advantage of the Cause and determine Causes Capital and all other Matters except Title of Land and shall have a Guard of Five hundred Foot and Two hundred Horse That there be also Provincial and County Councils the former may receive an Appeal from the latter and may try Causes as Judges of Assize and Gaol-delivery use to do but must not meddle with Title of Land except Dowers and Jointures And the County Council shall have the Power of Sessions of Peace and an additional Authority to determine Personal Actions That the Sheriff in every County be Provost-Marshal and may execute any Man not worth Five pounds for any Capital Offence giving the Offender Twenty four Hours time to prepare his Soul And that no Temporal Government or Jurisdiction shall be assumed kept ☞ or exercised in this Kingdom or within any County or Province thereof during these Troubles other than is before expressed except such Jurisdiction or Government as is or shall be approved by the General Assembly or the Supreme Council And that every body quit the Possessions he hath wrongfully gotten and to avoid Debate that all Estates continue as they were possess'd for Three years last past unless the Title be determin'd or redeem'd and that to avoid all Distinction of Nation any British Papist that was so before this War and will come and reside in Ireland shall be privileg'd in a Third part of the Publick Taxes And that no Distinction or Comparison be made between Nations Provinces or Towns and that all New Converts be esteemed as Catholick Natives and that an Inn of Court be erected here and that Cess and Coyn and Livery be punish'd And no Soldiers shall be paid or relieved by the Country but such as are in the Marshal's List and none to be Billetted but by the Constable And that Free-Schools be erected in every Province And that the King's Revenue and the Enemies Rents be collected and dispos'd of by the Provincial or Supreme Council for His Majesty's Use and Service And that Popish Impropriators may retain their Tythes till that Matter be setled in Parliament And that there be Collectors of Publick Money in every County And that the Popish Wife of an Enemy shall have her Jointure and sue and be sued as if her Husband were naturally dead ☞ And that the Possessions of the Protestant Clergy in Right of the Church shall be deemed the Possessions of the Catholick Clergy And that no Man imprison'd by one Council shall be inlarg'd by another And that no Protection be given to the Enemy or their Servants with-without special Order That Merchants and their Ships be protected in their Importations and that Commissioners be appointed in every Port to view the Arms and Ammunition that shall be imported and to certifie the same to the Supreme Council That Fugitive Soldiers be sent to their respective Commanders That the Estates of Neuters and Enemies do first pay their Debts to any of the Confederates before any of it be put into the Publick Stock and that no Soldier meddle with an Enemies Lands or Goods without Order And lastly That the * * Append. 14. Oath of Association be taken solemnly after Confession and the Sacrament in the Parish-Church and the Names of all Persons of Rank and Quality that take the same to be enroll'd The Assembly did also 25 October order Proclamation to be made to invite all the Adherents of the English of what Nation soever to come from them over to the Confederates by the Last of November and 27 October they ordered a Seal to be made and 28 October they appointed a Committee to inquire how Money and Ammunition come from Foreign Parts hath been disposed of and that Mr. Baron bring in Writing the Propositions and Messages from Foreign Parts to him committed by the Pope's Nuncio and others and 29 October they appoint Auditors of the Account of Moneys received and what hath been made of Protestants Rents Goods or Chattels and that the Enemy be not called Protestants or English but the Puritanical or Malignant Party and 30 October they order That no Man be privileg'd from Contributing to the Maintenance of the Catholick Army On the First of November they appointed the Lords of Castlehaven and Gormanstown Doctor Fennell Colonel Dermond O Bryan Sir Lucas Dillon Sir Phelim O Neal Thomas Burk Richard Martin Feigh O Flin Richard Beling Adam Cusack James mac Donell Patrick Crelly Rory Macguire Patrick Darcy and all the Lawyers to prescribe a Form of Government And 2 November they order Philip Hore to Account for 120 l. received of the Gentry of the County of Dublin to buy Arms And 4 November That the Prelates enjoyn the Priests to administer the * * Append. 14. Oath of Association to every Parishioner and to take his Subscription thereunto And 11 November That the Supreme Council shall manage the Admiralty And 13 November That the next Assembly shall be on the Twentieth of May next unless the Supreme Council find cause to convoke it sooner and that Thirty thousand Pounds be levied on Leinster by
Warrant from Mr. Nicholas Plunket And on the Fourteenth of November they nam'd their Supreme Council viz. LEINSTER Archbishop of Dublin jurat Viscount Gormanstown jurat Viscount Mountgarret jur resid Nicholas Plunket jur resid Richard Beling jur resident James Cusack jur resid CONAUGH Archbishop of Tuam jur Viscount Mayo Bishop of Clonfert jur resid Sir Lucas Dillon jur Patrick Darcy jur resident Jeofry Brown jur resident MUNSTER Viscount Roch jur resid Sir Daniel O Bryan Edmond Fitzmorris jur Doctor Fennell jur Robert Lambart jur resid Geo. Comyn jur ULSTER Archbishop of Armagh jur resid Bishop of Down jur resid Philip O Reyly jur resid Colonel Mac Mahon jur Ever Macgenis jur Tirlagh O Neal. They also appointed Provincial Councils and ordered That the Supreme Council may authorise One or more to sollicit Aid of Foreign Princes to advance this Common and Holy Cause and may give them Instructions And on the Fifteenth of November they appointed the Lord Mountgarret to be president and Richard Shea to be Clerk of the Supreme Council And that the Officers of the Army calling to their Assistance one or more of each Province should concert the Measures of carrying on the War And that the Supreme Council shall send an Agent to the King to inform Him of the Motives and Causes of this Holy War and of the Grievances of the Kingdom And they appoint Sir Richard Barmwall Muster-master General and order Four thousand Pounds in Money to be new Coined And on the Sixteenth of November they ordered 31700 Men to be raised in the following Counties whereof 5300 Foot and 520 Horse were to go to the Army and the rest to be for the Defence of the Country and the Garisons viz. Â Â Â Foot Horse West-Meath 3000 whereof for the Army 500 50 Meath 3000 Â 500 50 Kildare 3000 Â 500 50 Wexford 3000 Â 500 50 Kings County 2800 Â 500 30 Queens County 2400 Â 400 40 Wickloe 2400 Â 400 40 Dublin 2000 Â 300 50 Kilkenny City 3000 Â 500 50 Louth 1700 Â 300 20 Longford 3000 Â 500 50 Catherlogh 2400 Â 400 40 Â 31700 Â 5300 520 And on the Nineteenth of November they order'd That the King's Revenue be duly gathered up for the making a Common Stock for the Use of the Kingdom And on the Twentieth they appointed the Lord Brittas John Kelly John Baggot James Darcy Maurice Fitzharris and Maurice Baggot a Committee to enquire after Protestants Goods and Lands in the County of Limerick And on the 21th day James Cusack who before the Rebellion was one of the King's Council and Clerk to the Commission of Grace was appointed Attorney-General And it was ordered That Soldiers be Cessed on all Persons and Places that are refractory in paying their Quotâ— of the Contribution and that every Burgess shall have Five shillings per diem and every Knight of a Shire Ten shillings per diem during the Assembly and for Ten days before and after it and that the Earl of Castlehaven devise an Order of Knighthood concerning the Honor of St. Patrick and the Glory of the Kingdom And so on the Ninth of January this Assembly was Dissolved leaving the Government in the Hands of The Supreme Council who notwithstanding his Majesty's Proclamation of 1 January 1641. under His own Signet to the contrary acted as a SEPARATE STATE and contrary to their own Oath of Maintaining the King's Prerogative and their Pretence of taking Arms for it they usurped all the King's Prerogatives even to that of Coining Money and sending Ambassadors to Foreign Princes and to the Granting of Letters of Mart and Reprisalâ— whereof the Reader may see a Precedent Burlace pag. 97. And thus Matters â—ood in Ireland in the Year 1642. In the close of the last Year we left our small Army near Ross 1643. which tho' Victorious was nevertheless in a sad Condition being meanly â—â—oatlied in Fed and worse Paid so that tho' the Lords Justices and Council did send a pressing Letter to the Lieutenant General to keep the Army abroad because there was no Subsistence for them in Dublin and the better to enable him thereunto they sent him Six thousand Pound of Bisket and Ten Barrels of Powder and the like quantity of Match and Musket Bullet yet the Wants of the Army were so great in all manner of Necessaries that it was impossible to keep the Field and therefore they returned to Dublin It is one of the most difficult things in the World to keep an ill-paid Army in exact Discipline for the Soldier that is denied his Due will expect a Connivance upon any Extortion that is less than Equivalent to his Pay and from one Degree it passes to another till it Centers in Licentiousness and thus it happened in Dublin the Officers at first winked at the little Rapines of the Soldiers till at length they openly plundered the Markets but this was the way to spoil all and by discouraging the Market Folks to starve themselves therefore it was strictly prohibited by a severe Proclamation and some Offenders were made Examples whereupon many of the Officers of the Army on the Fourth of April 1643 presented the Government with a very bold and threatning Remonstrance quod vide Appendix 20. which they say was another Cause of the ensuing Cessation But General Preston having again besieged Ballynakill Colonel Crawford on the Eleventh of April marched from Dublin with Thirteen hundred Foot and One hundred and thirty Horse to raise that Siege but he could not perform it and so that place was surrendred But I should have mentioned that the Lords Justices and Council to prevent any Peace or Cessation with the Irish did send His Majesty a most excellent Letter of the Sixteenth of March 1642. recited at large here Appendix 4. which it seems was not well relished at Court for not long after Sir William Parsons who was a great Promoter of that Letter was removed and thereupon accused of Treasonable misdemeanours by Major Butler and Sir Francis Warren but there being more of Malice than Truth in that Impeachment it came to nothing however Sir JOHN BURLACE and Sir HENRY TICHBURNE were Sworn Lords Justices on the Twelfth of May and on the Twenty fifth of the same Month the Pope sent over his Bull of Indulgence to the Confederates which is to be found here Appendix 15 and was published by the Irish even after the Cessation was concluded But the Lords Justices and Council were tyred in contriving ways to support the Soldiery and at length they thought upon an Excise and by their proclamation of the Twenty fourth day of June imposed it for Six Months unless other relief for the Army should be sent in the mean time This Excise was exceeding high amounting to half the value of the Commodity in lieu whereof the Retailer was permitted to advance his Price a Moiety more than
Attempt upon Cappoquin but were on the Twenty Seventh of June repulsed thence with Loss and on the Second of July the Earl of Castlehaven met with the same Fate at Lismore and then marched towards Leinster And on the First of July Colonel Myn beat the Irish on the Plain on the Northside of Tymoleague River and soon after took the Castles of Tymoleague Aghamilly and Rathbarry But in Connaught the Protestant Affairs were in a worse Condition for tho' they made a shift to repell the Incursions of Owen Roe and at lenghth to drive him out of that Province yet in August the Fort of Gallway was surrendred to the Irish whereupon the Rebels marched to the Siege of Castlecoot to which the Town of Gallway contributed Three hundred Pound and altho' the Irish had Notice of a Cessation by a Messenger sent on purpose yet they imprisoned him as a Spy and shot the more furiously against the Castle ☞ until at length perceiving their Labour was in vain they claimed the benefit of the Cessation to secure their retreat And in Ulster I find no other Account than what Monroe gives in his Letter of the Twenty third of May viz. that with Two thousand Foot and Three hundred Horse he did beat Owen Roe and his Son and Sir Phelim O Neal being joyned together with their Forces and compelled them to return to Charlemont after quitting the Generals House to be burnt and spoiled by them with all the Houses in Loghgall being the best Plantation in Ulster and the straightest for defence of the Rebels Peview 81. only that my Lord of Castlehaven says that Colonel Mervin and Sir Theophilus Jones and the English had a hand in this Victory and so we are come to the Treaty of the Cessation which was managed in this manner On the Twenty third of June 1643. the Irish Commissioners viz. the Lord Gormanstown the Lord Muskery Sir Lucas Dillon Sir Robert Talbot Tirlogh O Neil Geoffery Brown Ever Macgenis and John Walsh presented themselves unto the Marquess of Ormond in his Tent near Castlemartin his Lordship sitting in his Chair covered and they uncovered his Lordship told them He was come according to their Desires and expected their Propositions in writing and the next day they desired a sight of his Commission alledging that they were ready to shew theirs and give a Copy and since no Body was named in the Kings Commission but his Lordship and their Authority was likewise to treat with him only they desired The Negotiation might be kept secret and concealed from all others till the matter be fully concluded To which the Marquess replyed That for the way of proceeding he was by his Majesty trusted therewith and should do nothing therein but what he conceived to be fit then having received a Copy of their Commission and sent them a Copy of His Majesties Letter of the Third of May 1643 and Promised them upon conclusion of the Treaty a Copy of his Majesties Letter of the Twenty third of April 1643 they tendered Propositions and having agreed that the time of the Cessation should be a Twelvemonth the Marquess proposed that they would first declare what they would contribute towards the support of His Majesties Army during the Cessation to which they Answer That when they know what they have to give they assist His Majesty according to their utmost Abilities as upon all occasions they have heretofore done The next meeting was at Siggingstown where on the Twenty eighth of June they declared That the Cessation being first agreed upon they will treat of Supply and not before on the Twenty ninth the Marquess not admitting the Name or Title attributed by the Commissioners to their Party nor the Protestation That they took Arms in defence of their Religion His Majesties Rights and Prerogatives and the Liberties of this Kingdom and no ways to oppose His Majesties Authority gave an Answer in writing to their Proposals and Tacked to it Four demands viz. 1. For supply 2. A Declaration how far the Quarters of each Party extended 3. For Caution of Payment of such Supply as they should Promise And 4. That all Castles Towns Forts and Houses that may be taken during the Treaty should be restor'd on the Cessation Hereupon the Treaty was adjourn'd that the Commissioners might consult their Principals and then 12 July from Kilkenny they answer to the First That 't is not warranted by His Majesty's Letter however on the Conclusion of the Cessation they will do what is fit To the Second They agree to settle that Point To the Third That a Free Gift needs no Caution and for performance of Articles they will agree to an Equal Course at Meeting And to the Fourth if reduc'd to Particulars they will answer it at the next Congress On the Fifteenth of July Ormond writes to them That tho' their Answers are neither so particular nor so satisfactory as he expected yet he design'd to meet them but that his necessary Attendance on other Business prevents it which being over they shall have timely notice of a Day of Meeting To this on the Nineteenth of July the Irish Commissioners reply That they are loth to give an ill Construction of this Delay until they know of that Service that taketh place of This but must take notice that they meet in These as in all other Proceedings whereby they may have any expectation to enjoy the Benefit of His Majesty's Grace and Favour some Interruption and Slackness in conveying any part of His Good Intentions to His Faithful Subjects the Catholicks of Ireland which they may add to their other Grievances and will endeavour in discharge of the many Harms which may ensue by reason of this Protraction to have it rightly represented to His Majesty To this smart Reply Ormond on the Twenty first of July return'd this Answer That he was not accountable with the Knowledge of any of his Majesty's Services wherewith he had the Honor to be intrusted to any but His Majesty That nevertheless they were not ignorant of the Cause of that Interruption since their General Preston with their Forces approach'd so near as Castle Carbery in the County of Kildare But on the Fifth of August the Lords Justices Borlace and Titchborn together with the Marquis of Ormond sent the Commissioners a Letter importing That they had received His Majesty's Letter authorizing Them to conclude a Cessation for a Year and that pursuant to it Ormond would meet the Commissioners at Sigginstown on the Seventeenth of August and proceed where he left off But afterwards at the desire of the Confederates Note In the New Commission Lord Gormanstown was omitted and Nicholas Plunket and Sir Richard Barnwall were added their Commissioners being dispersed the Meeting was appointed the Twenty sixth of August and then insisting upon the Title Name and Protestation aforesaid they give a Reply in Writing to the Answers formerly given by the Marquis On the Twenty eighth of August
compared with the Certificates here Also prevent the abuse in Coyning Vending annd Vttering small Moneys 14thly Endeavour to bring all to a Conformity in the Religion by Law Established and acquaint us with what difficulties you meet with therein 15thly Inspect our Forts Castles Magazines and Stores and endeavour to make Salt-Petre 16thly We are informed That small Profit hath heretofore come to our Exchequer by Castle-Chamber Fines tho Misdemeanors proper for punishment in that Court were many we would therefore have you look into the reasons thereof and to resettle and uphold the Honour and Jurisdiction of that Court for the repressing exorbitant Offences wherein our Learned Council are to do their Duty faithfully 17thly The Vice-Treasurer or his Deputy to receive all Money 18thly Reduce the Moneys there to the condition of Sterling and establish a Mint there 19thly Finding some Propositions of the Duke of Ormond recorded in the Register of Council-Causes 1662. fit to be observed we have renewed them with reference to your Government therefore observe them Lastly Several Popish Clergy since the return of the Duke of Ormond hither have exerâ—â—ed their Jurisdictions to the great grief of the Remonstrants If so execute the Laws against the Titular Archbishops Bishops and Vicar-Generals that have threatned or excommunicated the Remonstrants and that you protect such Remonstrants as have not withdrawn their Subscriptions These were the publick Instructions but the Administration of the Government seem'd to have another Foundation for now the Mystery of Iniquity began to appear and the Papists were publickly countenanc'd and indulg'd in Ireland many of them got into the Commission of the Peace and it was attempted also to bring them into the Army but Matters not running so smoothly as the Lord Lieutenant expected he returned to England for new Instructions and left the Government in the Hands of the Lord Chancellor and Sir Arthur Forbus Lords Justices who were Sworn on the 12 th of June and continued in that Office until his Excellency's return which was on the 23 d day of September 1671. In the mean time on the 21 st of February 1670. Collonel Richard Talbot Petitioned His Majesty in the behalf of His most distressed Subjects of Ireland who were outed of their Estates by the late Vsurped Powers which Petition was referr'd to a Committe of the Council to Examine and Report and a State of their Case was given to the Committee in Writing Whereupon on the 28 th of January the Kings Solicitor attended the Committe at the Council-Chamber His Majesty being present and there the Petition and Talbot's Commission from the Irish the State of their Case and the Paper of Instances were read On the 1 st of February the King being present Sir George Lane was call'd in and the first Instance being the Case of Mr. Hore was objected against him but Sir George baffled the Petitioners in that Matter and having prov'd an Agreement with Mr. Hore which His Majesty was pleased to say He remembred That Affair was clear'd to the satisfaction of the King and the Committee much contrary to the Expectation of the Petitioners who perhaps had prevail'd with the King to be there that he might be an Ear-witness of the Wrong that was done them But the King being weary of such Debates did on the 4 th of February in Council appoint the Lords Buckingham Anglesy Hollis and Ashley and Secretary Trevor or any three of them to be a Committee to Peruse and Revise all the Papers and Writings concerning the Settlement of Ireland from the first to the last and to take an Abstract of the State thereof in Writing And accordingly on the 12 th of June 1671. they made their Report at large which was the Foundation of a Commission dated the 1 st of August 1671. under the great Seal to Prince Rupert the Dukes of Buckingham and Lauderdale Earl of Anglesy Lords Ashley and Hollis Sir John Trevor and Sir Thomas Chichly to Inspect the Settlement of Ireland and all Proceedings from first to last in Order thereunto And this was followed by another Commission of the 17 th of January 1672. to Prince Rupert Earl of Shaftsbury the Lord Treasurer Clifford and others amongst whom the Dukes of Ormond was one to inspect the Affairs of Ireland viz. the Acts of Settlement and Explanation and the Execution of them and the disposing of Forfeited Lands and the State of His Majesties Revenue c. But how specious soever the Pretences were for these Commissions the secret Design was to unravel the Settlement and to humble the Duke of Ormond upon whom they always fell when the Popish Interest prevailed for otherwise the pretended Grievances if they had been really true were few and small and it were much better for the publick That even greater Irregularities than were complain'd of should remain unremedied than that the great and common Security of the Nation should be shaken And of this Opinion was the Parliament of England who always concern'd themselves effectually for the English Interest and the Protestant Religion in Ireland and accordingly on the 9th day of March 1673 they Address'd to His Majesty as followeth And this Address occasion'd that the aforesaid Commission of Inspection was Superseded on the 2d of July 1673. WE Your Majesties most Loyal Subjects the Commons in this Present Parliament Assembled taking into Consideration the great Calamities which have formerly befallen Your Majesties Subjects of the Kingdom of Ireland from the Popish Recausants there who for the most part are profest Enemies to the Protestant Religion and the English Interest and how they make use of Your Majesties Gracious Disposition and Clemency are at this time grown more Insolent and Presumptuous than formerly to the apparent Danger of that Kingdom and Your Majesties Protestant Subjects there the consequence whereof may likewise prove very fatal to this Your Majesties Kingdom of England if not timely prevented And having seriously weighed what Remedies may be most properly applied to those growing Distempers do in all Humility present Your Majesty with these our Petitions 1. That for the Establishment and Quieting the possessions of Your Majesties Subjects in that Kingdom Your Majesty would be pleased to maintain the Act of Settlement and Explanatory Act thereupon and to recall the Commission of Enquiry into Irish Affairs bearing date the 17 th of January last as containing many new and extraordinary Powers not only to the Prejudice of particular Persons whose Estates and Titles are thereby made liable to be questioned but in a manner to the overthrow of the Acts of Settlement and if pursued may be the occasion of great Charge and Attendance to many of Your Subjects in Ireland and shake the Peace and Security of the whole 2. That Your Majesty would give order that no Papist be either continued or hereafter admitted to be Judges Justices of the Peace Sheriffs Coroners or Mayors Sovereigns or Portreeves in that Kingdom 3. That the Titular Popish Archbishops
even this was sent to the Lord Lieutenant and His Majesties Directions were prayed therein and the like was done by a Paper of Grievances sent by the Lord Mountgarret to the Earl of Ormand at the same time and in August 1642. the Remonstrants sent to the Earl of Ormond a Petition directed to His Majesty which accordingly the Lords Justices transmitted to him That the Lords Justices did endeavour to stop the spreading of the Rebellion and to reduce the Rebels to Obedience by fair means Viz. by their Proclamations of 23 d. of October and 1 st of November promising Mercy to all that should desist from force by imploying a Committee of Parliament to treat with them but they scornfully rejected the Message and contemptuously tore the Committees Letter and the Order of Parliament and by imploying Doctor Cale and some of their own Clergy to treat with them whom they likewise abused and by authorizing the Lord Moor and afterwards Sir Richard Barnwall and Patrick Barnwall to perswade them to Submission and by giving Commissions to the Lord Gormanstown and other of the Remonstrants but whilst they found Success they were deaf to all Perswasions and now that they are baffled they forge Causes of Complaint so that His Majesty is not misinformed nor the Remonstrants unjustly traduced nor misrepresented to the King To the first Article they say that it is too general and generally untrue that Popery is a New Religion midwived into the World by the Council of Trent which ended 1563 and therefore could not be professed by the Remonstrants nor their Ancestors for 1300 Years that the Irish were at first Protestants as Bishop Vsher hath proved at large and in Henry the Eight's Reign were averse to the Papal Usurpations and consented to Laws to suppress them and generally came to Church until 13 Eliz. some of them flew off upon the Bull of Piut V. and 30 Eliz. upon the Arrival of some Spaniards shipwrackt on the Coast of Ireland the Apostasie became more common however the Recâ—sancy of coming to Church was not general until about the middle of King James his Reign But however that be this is certain that the Papists were so far from being persecuted that all Laws against them were suspended and they enjoyed a Connivance little differing from a Toleration so that even their Ecclesiastical Heirarchy publickly executed their Functions and the Clergy swarmed to that Degree that Paul Harris wrote to Pope Vrban 8ht That it was as difficult to number the Friers in Dublin as to reckon the Frogs in the second Plague of Egypt That notwithstanding the Statute of 2 Eliz. there have been ten chief Judges successively and all the inferior Judges of Irish Birth and Education that the first English Judge that came over after that Statute was Sir Robert Gardiner 29 Eliz. That several Irish Papists had commands in the Queen's Army and were Governors of Counties as the Earl of Thomond Clanrickard c. And even now at the Time of the Insurrection Papists were admitted to be High Sheriffs of Counties Justices of Peace Magistrates of Corporations Marshals upon Occasion Councellors at Law Doctors of Physick Clerks Attornies and Sollicitors c. so that none go abroad but for their Improvement as the Gentry of all Countries do or to Seminaries to become Clergymen And these Popish Natives have had their share of His Majesties Favour in dispensing of Honour several of them having been made Lords Baronets and Knights and such as were capable of it by Conformity and Education were preferred in the Church and even those that were unfit for it and were Papists were nevertheless upon an external and partial Conformity only continued in their Spiritual Dignities by Queen Elizabeth notwithstanding the Statute of 2 Eliz. Their Nobility had all the respect and priviledge which good manners and the Law gives to their Quality and by the industry and improvements of their English Tenants lived more Regularly Plentifully and Gentilely than any of their Ancestors ever did or could and that the Popish Youth were never denied admittance into any Free-School nor into the University nor any Question made about their Religion only when they come to be Graduates they must then conform to the Laws of the Land and the Statutes of the Colledge and the Answerers think that the Remonstrants have small reason to complain whilst they enjoy those Liberties and Favours which are denied to the Popish Natives of England who though less in number are much superior to the Remonstrants in Quality Loyalty and Riches But if the Laws of the Land do exclude Recusants from Offices of Trust and Honour they ought to have patience till his Majesty shall think fit to consent to a Repeal of them nay if their Oppressions were without Law their proper Remedy were by Supplication and Petition to the King and not by Murther Rebellion and Depredation To the Second they say it is an aspersion on the King for the ill choice of his Officers and is so undutiful that no Person of Honour will appear in it it was devised by the Popish Clergy and the Jesuited Lawyers who are the Firebrands of these horrible Flames which have almost consumed the Kingdom and it is notoriously false for the chief Government hath been placed either in Men of Nobility or great Estate or in Men of great Merit and in a high Station none of which ever built their Fortune on the Ruine of the Kings Subjects but some of them have been undone by the unjust clamour of the Irish who never endure long any English Governor that endeavours their legal obedience to the Crown So that of One and Twenty chief Governours successively Thirty Privy Councellors Twelve chief Judges and several inferior Judges sent out of England since the Statute of 2 Eliz. not one of them left any Estate there nor were enriched by that Service and even the Earl of Strafford paid great Sums of Mony for what he bought there whereas such of the Natives of that Kingdom as were Judges have left great and visible estates whereby it will appear who built most upon the Ruines of the Natives That the Natives became suspected and odious in England not by any scandals cast upon them but by their degeneracy and frequent Rebellions whereby Ireland whilst managed by them was always in disorder and so poor that it was a continual charge to England whereas since the management of it by English the dependancy of the People is placed in the Crown Legal Properties are secured the Irish pernicious Customs abolished Civility introduced the Kingdom improved so that it was better able to give Ten Subsidies now than one in former times Trade and Commerce increased the Revenue advanced from 8000 to 85000 l. per Annum the Laws duly administred Religion propagated the Army maintained without oppressing the Subject and a Navy kept to guard the Coasts the People are grown Rich and Numerous the breed of Cattle bettered and
truly and inviolably observed fulfilled and kept 11. It is concluded and accorded that all Possessions and likewise all Goods and Chattles that shall be found in Specie taken by either party after the Hour of Twelve aforesaid and before Publication of this Cessation shall be restored to the Owners and after Publication all Possessions and Goods that shall be taken to be restored to the Owners upon demand or Damages for the same In witness whereof the said Marquess to the part of the said Articles remaining with the said Viscount Muskery and the rest of the above named Persons hath put his Hand and Seal And the said Viscount Muskery c. To that part of the Articles remaining with the said Marquess Ormond have put their Hands and Seals the Day and Year first above written Muskery Lucas Dillon Nic. Plunket Rob. Talbot Rich. Barnwell Torl o Neale Geffry Brown Ever Magennis Jo. Walsh An Instrument touching the manner of payment of 30800 Pounds Sterling by several Payments WHereas by an Instrument bearing date with these Presents we have in the behalf and by Authority from the Roman Catholicks of this Kingdom freely given unto His Majesty the Summ of Thirty Thousand Pounds Sterling wherein the times or manner of payments are not expressed We do therefore hereby agree that the same shall be paid in manner following viz. 5000 Pounds within one Month next after the date of these Presents the one half in Money and the other half in good and merchantable Beeves not under four or above ten years old at the Rate of 30 Pounds the score at the City of Dublin 5000 Pounds more within one Month next after the said first Month the one half in Money and the other half in Beeves as aforesaid at the like Rates at the City of Dublin aforesaid also within two Months next after Five Thousand Pounds more whereof one half in Beeves as aforesaid at the like Rates and the other half in Money One other Five Thousand Pounds at or before the last of February next and the Summ of 10000 Pounds being the last Payment of the said Thirty Thousand Pounds at or before the last Day of May next which shall be in the Year 1644. And we hereby further agree that Eight Hundred Pounds more shall be paid to His Majesties Use to whom the Lords Jnstlces shall appoint at the Garrison of Naas within two Months next ensuing the one half by one Months End next after the date hereof and the other half by the End of one Month more next after that First Month all other Payments in Money save the Eight Hundred Pounds shall be paid at Dublin and the rest of the Beeves save the said first two Payments to be paid within the several Provinces to His Majesties Use to such Persons as shall be appointed by His Majesties Lords Justices or other Chief Governor or Governors in this Kingdom they first giving notice to Us or any one or more of Us of their Pleasures therein In witness whereof We have hereunto put our Hands and Seals the sixteenth Day of September 1643. Muskery Lucas Dillon Nic. Plunket Rob. Talbot Rich. Barnwell Torl O Neale Geffry Brown Ever Magennis Jo. Walsh Appendix XVII The Lord of Insiquin's Complaints of the Breaches of the Cessation in Munster First THEY withhold from us the Fourth Sheaff in Barymore and Imokilly albeit those two intire Baronies were under the protection of our Army and most of them under particular Protection until Four or Five days before the Cessation during all which time they did contribute to our several Garrisons and were under our Command at the time of Sowing and for the most part at the time of Reaping the last Harvest and the Articles say That the places Sown under our Protection shall pay the Sheaff c. Secondly We being possessed of the whole Lands in Roches Country all the time before the Cessation they pretend to a Possession gain'd therein some days before the Treaty endedâ— by thrusting Three or Four men a piece into some old ruinous Castles or Houses deserted by us in a skulking manner it being very evident that they had no considerable Force drawn into all that Country save what they slipt into those deserted places as aforesaid whilst we had Two strong Garrisons at Mallow and Downeraile which would easily have repelled any Force that they brought into those parts if they had come in such sort as to be taken notice of Thirdly In like manner they have gained and do insist upon the Possession of Bally-begg near Buttivant and other places in Orrery Fourthly The Castle of Pilltown they entred into Four or Five days after the Cessation and do yet detain it and the Castle of Cloghleigh with others in Condons they gained as those in Roches Country Fifthly Several of the principal Gentry in Orrery as Mr. Robinson Stapleton Lombard and Magner with their Tenants having always adhered and contributed to our Party and never declared themselves against us by any publick Act have since the Cessation been drawn to join with their Party under pretence that they had past their private Promise to Mac Donogh and Donogh O Callaghane to join with them when the Cessation was concluded Sixthly Several of our Party being in actual Possession of sundry Tithes in Barrymore and Imokilly did make Sale thereof and contract for several Summs of Money in lieu of them for payment whereof they took Bills and other Security before we lost any part of our Interest there which Monies so contracted for they refused to pay Seventhly The Lord Roch by force and strong hand hath entred upon Mr. Cuishin of Farrihi's Lands and compelled him to the payment of Six or Seven Pounds and enforced divers of his People to Swear to further Payments Mr. Cuishin having been always of our Party both before and since the Cessation and not to be drawn to theirs by their vehement Perswasions since the Cessation and having for the most part a Ward in his Castle Eighthly Where by the Articles of Cessation competent proportions of Land ought to be allowed to all Garrisons and Wards Captain Garret Fitz Gerald hath entred upon the Liberties of the Town of Youghal and thereout expelled divers poor English by violent taking their distresses by placing Guards of Armed Men on the High-ways and enforcing the People to contribute to their Army Ninthly They have entred upon a Mill and Five Plow-Lands of Ballycrenan belonging to Robert Tynt Esquire since the beginning of April last which was formerly in his continual Possession Tenthly The Lord Roch hath violently taken away from Mr. Cuishin the Tithes belonging to Dean Boyl and by him contracted for and disposed of before the Cessation whilst the Barony of Fermoy was in our Hands Eleventhly Several other petty Injuries as Stealths of Cattle Detention of Corn Incroachments on Bounds and the like do daily occur touching which we cannot prevail with any of their Party to joyn or interpose in
through disability occasioned by the distempers of those Times the considerations of Equity to be alike unto both Parties 25. It is Concluded Accorded and Agreed by and between the said Parties and His Majesty is graciously pleased that the said Richard Lord Viscount Mountgarret c. shall be immediately upon conclusion of these Articles Authorized by Act of State to proceed in Hear Determine and Execute within the Cities corporate Towns Counties and parts of Counties now or late within the Quarters of the said confederate Catholicks the ensuing particulars and all matters thereupon depending and that the said Act of State and other the Authorities hereafter mentioned shall remain of Force without Revocation Alteration or Dimunition until Acts of Parliament be passed according to the Purport and Intent of these present Articles only in case of Death of any of the said Persons so to be Authorized the Lord Lieutenat or other Chief Governor or Governors of this Kingdom for the time being shall by the Advice and Consent of the Persons so to be Authorized then Living or any Five or more of them name others in the place of such who shall be so Dead and the Persons so to be named to be Authorized as the former and that the Persons to be Authorized as aforesaid or any Five or more of them be permitted without interruption to Applot Raise and Levy Means with Indifferency and Equality upon all His Majesties Roman Catholick Subjects of this Kingdom for the Raising Clothing and bringing to Sea-Ports and Maintaining there until they be Shipped Ten thousand Men promised by the confederate Catholicks of this Kingdom to assist His Majesty and to Levy the Arrears of all Excises and other Publick Taxes already Imposed by them and yet unpaid and to call all Receivers and other Accomptants of all former Taxes and Publick Dues to a just and strict Accompt either by themselves or by such as they or any Five or more of them shall Name and Appoint And that the said Persons to be Authorized as aforesaid or any Five or more of them shall have power to Applot Raise and Levy means with Indifferency and Equality by way of Excises otherwise in the several Cities Corporate Towns Conties and parts of Counties now within the Quarters of the said Confederate Catholicks towards the maintenance of such Army or Armies as shall be thought fit to continue and be in Pay for the defence of the Kingdom and towards the maintenace of all the Forts Castles and Garrisons within both or either of the now Quarters of either Party other than such of the said Garrisons Forts and Castles as from time to time until there be a settlement in Parliament shall be thought fit by His Majesty's chief Governor or Governors of this Kingdom for the time being by and with the Advice and Consent of the said Persons so to be Authorized or any Five or more of them not to be maintained at the charge of the Publick Provided that His Majesties Lieutenant or other chief Governors for the time being be first made acquainted with such Taxes Levies and Excises as shall be made and the manner of Levying thereof and that he approve the same and that the Persons to be Authorized as aforesaid or any Five or more of them shall be Authorized to appoint Receivers Collectors and all other Officers for such Monies as shall be so Assessed and for the Arrears of all former Applotments Taxes and other Publick Dues yet unpaid and that the Persons so to be Authorized or any Five or more of them in case of Refractoriness or Delinquency may Distrain and Imprison and cause such Delinquents to be Distrained or Imprisoned and that the profits of the Estates within the now Quarters of the confederate Catholicks of such as shall adhere to the Parliament and not submit to the Peace be accompted as Publick Dues and be converted to the maintenance of the Kings Army and that the said Persons to be Authorized as aforesaid or any Five or more of them shall have Power to Applot Raise and Levy means with Indifferency and Equality for the buying of Arms and Ammunition and for entertaining of Frigats in such proportion and manner as shall be thought fit by His Majesties Lieutenant or other chief Governor or Governors for the time being by and with the Advice and Consent of the said Richard Lord Viscount Mountgarret c. or any Five or more of them the said Arms and Ammunition to be laid up in such Magazines and under the charge of such Persons as shall be agreed by the said Lord Lieutenant and the said Persons to be authorised as aforesaid or any Five or more of them and to be issued and the said Frigats to be employed by the Lord Lieutenant or other chief Governor or Governors for the time being for the safety of the Kingdom by the advice and consent of the said Richard Lord Viscount Mountgarret c. or any Five or more of them and that the said Persons so to be authorised as aforesaid or any Five or more of them shall have power to Applot Raise and Levy Means with indifferency and equality by way of Excises or otherwise in the several Cities Corporate Towns Counties and parts of Counties now within the Quarters and upon the Estates of the said Confederate Catholicks all such Sum and Sums as shall appear unto the said Persons to be authorised as aforesaid or any Five or more of them to be really due for and in discharge of the publick ingagements of the said Confederate Catholicks incurred or grown due before the Conclusion of these Articles and that the said Persons to be authorised as aforesaid or any Five or more of them shall have power to Applot Raise and Levy Means with indifferency and equality by way of Excise or otherwise in the several Cities Corporate Towns Counties and parts of Counties now within the Quarters of the said Confederate Catholicks as well for the Persons to be authorised as aforesaid and also for such other Person and Persons as shall be imployed in publick Affairs within the several Cities Corporate Towns Counties and parts of Counties within the now Quarters of the said Confederate Catholicks from time to time until a settlement by Parliament and that the said Persons to be authorised as aforesaid or any Five or more of them make perfect Books of all such Monies as shall be Applotted Raised and Levied out of which Books they are to make several and respective Abstracts to be delivered unto their Hands or the Hands of any Five or more of them to the several and respective Collectors who shall be appointed to Levy and Receive the same and that a duplicate of the said Books under the Hands of the said Persons to be authorised as aforesaid be delivered unto his Majesties Lieutenant or other chief Governor or Govenors for the time being whereby a perfect accompt might be given 26. It is further concluded accorded and
the said Lord Viscount Mountgarret and the rest of the Persons to be authorised as aforesaid or any Five or more of them and as to his Majesties Rents to grow due at Easter next and from thenceforth the same to be payable unto his Majesty notwithstanding any thing contained in the Article of the Act of Oblivion or in any other Article to the contrary but the same not to be written for or Lewed until a full settlement in Parliament as aforesaid 30. It is further concluded accorded and agreed by and between the said Parties and his Majesty is further graciously pleased That the Commissioners of Oâ—er and Terminer and Goal delivery to be named as aforesaid shall have power to hear and determine all Murthers Manslaughters Rapes Stealths Burning of Houses and Corn in Reek or Stacks Robberies Burglaries Forceable Entries Detainers of Possessions and other Offences committed or done and to be committed and â—one from the 15 th of September 1643 until the First day of the next Parliament These present Articles or any thing therein contained to the contrary notwithstanding Provided that the authority of the said Commissioners shall not extend to question any Person or Persons for doing or Committing any Act whatsoever before the conclusion of this Treaty by vertue or colour of any Warrant or Direction from those in pâ—ublick Authority among the Confederate Catholicks nor unto any Act which shall be done after the perfecting and concluding of these Articles by vertue or pretence of any authority which is now by these Articles agreed on Provided also the said Commission shall not continue longer than to the First day of the next Parliament In witness whereof his Excellency the Marquess of Ormond Lord Lieutenant of Iâ—eland his Majesties Commissioner to that part of these Articles remaining with the said Richard Lord Viscount Mountgarret c. and the said Lord Viscount Mountgarret c to that part of these Articles remaining with the said Lord Lieutenant have put their Hands and Seals at Dublin this 28 th day of March 1646 and in the Two and Twentieth Year of the Reign of our Sovereign King Charles King of Great Britain France and Ireland c. Appendix XXV The Petition of the Protestants of Munster against a Peace with the Irish to the Right Honourable the Lord Lieutenant General and Council of Ireland Humbly Sheweth THAT whereas after a long and happy enjoyment of the Peace and Prosperity under which by his Majesties Gracious Government this Land did lately flourish the Irish Papists of this Kingdom have on or about the Three and Twentieth day of October 1641 entred into a most Wicked and Treacherous Conspiracy to surprise the then Lords Justices and Council together with the City of Dublin and all other his Majesties Forts and Holds within this Kingdom intending thereby totally and at once to extirpate the Protestant Religion and English Nation from amongst them and consequently to alienate this Kingdom from the Crown and Government of England And for those ends although they were by the Divine Providence disappointed in the main point of that Bloody and Cruel design have pursued the same with indefatigable malice into Acts of open Rebellion and most inhumane Barbarism Robbing and Despoiling his Majesties good Subjects of their Lives and Fourtunes in all parts of the Kingdom insomuch as his Majesty for the Vindication of his Protestant Subjects from the cruel Rapines of the said Irish Papists was justly occasioned to denounce and undertake a War in this Kingdom the managing and support whereof he was graciously pleased to recommend to and entrust with his Parliament then sitting in England who having piously begun the great work of Suppressing the Cruelties of the aforesaid Irish were by the unhappy interposition of sundry fatal differences in England somented as may be greatly doubted by the Rebels of this Kingdom diverted from the careful and provident courses requisite in so important an affair By means whereof this Majesty who had undertaken the War for our defence was now constrained for our preservation to treat and conclude of a Cessation of Arms for Twelve Months space in which time he was made believe the aforesaid Irish Papists would submit to some 〈◊〉 and honourable conditions of Peace To when purpose Agents from the aforesaid Irish were admitted to have access to his Royal presence and his Majesty did not only in manifestation of his Pâ—ous and Paternal care of his Proteâ—â—ant Subjects command certain select persons welliâ—ensed and interested in the State and Affairs of this Kingâ—om to atâ—end his Royal Person and give information and assistance in the debate of so weighty a business but did also give admission to such Agents as his Protestant Subjects were able to imploy in representing their particular and general grievanced and sâ—fferings by the said Irish Papists who in the negotiation of that whole matter have endeavoured to make advantage of his Majesties 〈◊〉 and by sinister and corrupt means with a lavish expence of that treasure and those Estates which your Petitioners have been dispoled of by them to raise a Factious Party at the Court to seduce and misguide his Royal Majesty and to beguil his Judgment with a selfe opinion of their inclination to Peace and feigned forwardness to advanâ—â— his Service and to discountance and suppress those whose attendance his Majesty had required and those Agents whom your Petitioneâ—s imployed by which subtil and serpentine courses â—he said Irish Agents having quasht and deprest all opposers and accusers and removed all impediments to their 〈◊〉 ends of exâ—irpaâ—ing the English and before any equal debate of the cause proâ—â—red a transmission of the whole affair unto your Lordships with Power and Commission further to treat and conclude of such conditions as by those deceitful courses they had gained too great hope to be confirmed unto them which for some reasons was not thought fit to be done in England they do now with the same art and subtilty study to trick your Petitioners here before your Lordships and to compound for all their mischiefs multiplied upon the Heads of your Petitioners at their own rates And therefore at a time when neither your Petitioners nor any from them are present when the Agents imployed to his Sacred Majesty are unreturned to this Kingdom and whilst most of your Petitioners evidences of their detestable Treasons and horrible Barbarisms are remaining in England they endeavour to strike up the business with your Lordships upon such terms as your Petitioners who were once a considerable part of this late flourishing and now unhappy Kingdom have not the honour to be made privy unto or to be called or admitted to any debate of the business of that main influence upon themselves and their Posterity Wherefore your Petitioners having seen how far some Persons of Honour have been misguided and by secret and subtil contrivances drawn to become abused properties and instruments to accomplish the wicked designs of the aforesaid
disposition to be renewed from Three Years to Three Years by the said Clergy during the Wars 3. It is Accorded and Agreed by the said Earl of Galmorgan for and in the behalf of His Majesty His Heirs and Successors that his Excellency the Lord Marquess of Ormond Lord Lieutenant of Ireland or any other or others Authorized or to be Authorized by His Majsty shall not disturb the Professors of the Roman Catholick Religion in their present Possession of their Churches Lands Tenements Tyths Hereditaments Jurisdiction or any other the matters aforesaid in these Articles agreed and condescended to by the said Earl until His Majesty's pleasure be signified for confirming and publishing the Grants herein Articled for and condescended unto by the said Earl 4. It is Accorded Granted and Agreed by the said Earl for and in the behalf of His Majesty His Heirs and Successors that an Act shall be Passed in the next Parliament to be held in this Kingdom acccording to the Tenour of such Agreements or Concessions as herein are expressed and that in the mean time the said Clergy shall enjoy the full benefit freedom and advantage of the said Agreements and Concessions and every of them And the said Earl of Galmorgan doth hereby engage His Majesty's Royal Word and Publick Faith unto the said Lord Viscount Mountgarret and the rest of the said Commissioners for the due Observance and Performance of all and every the Articles Agreements and Concessions herein contained and mentioned to be performed to the said Roman Catholick Clergy and every of them In Witness whereof the Parties to these Presents have hereunto interchageably put their Hands and Seals the 25 th day of August Anno Dom. 1645. Glamorgan Signed Sealed and Dilivered in the presence of Glamorgan John Summerset Jeffery Barron Robert Barry Whereas in these Articles touching the Clergy Livings the Right Honourable the Earl of Glamorgan is obliged in His Majesty's behalf to secure the Concessions in these Articles by Act of Parliament We holding that manner of securing those Grants as to the Clergy Livings to prove more difficult and prejudicial to His Majesty than by doing thereof and securing those Concessions otherwise as to the said Livings the said Earl undertaking and promising in the behalf of His Majesty His Heirs and Successors as hereby he doth undertake to settle the said Concessions and secure them to the Clergy and their respective Successors in another secure way other than by Parliament at present till a fit opportunity be offered for securing the same do agree and condescend thereunto And this Instrument by his Lordship Signed was before the perfecting thereof intended to that purpose as to the said Livings to which purpose We have mutually Signed this Endorsement And it is further intended that the Catholick Clergy shall not be interrupted by Parliament or otherwise as to the said Livings Contrary to the meaning of these Articles Glamorgan I Edward Earl of Glamorgan do Protest and Swear Faithfully to acquaint the Kings most Excellent Majesty with the proceedings of this Kingdom in Order to His Service and to the indearment of this Nation and punctual performance of what I have as Authoriseed by His Majesty obliged my self to see performed and in default not to permit the Army intrusted into my Charge to adventure it self or any considerable part thereof until Conditions from His Majesty and by His Majesty be performed Glamorgan The Defezance to the Earl of Glamorgan KNOW all Men by these Presents That whereas We the Right Honourable Richard Lord Viscount Mountgarret Donnogh Lord viscount Muskerry Alexander Mac Donnel Nicholas Plunket Esquires Sir Robert Talbot Baronet Dermot O Brien John Dillon Patrick Darcy and Jeffery Brown Esquires appointed by the Confederate Catholicks of Ireland to treat and conclude with the Right Honourable Edward Earl of Glamorgan for and in behalf of His most Excellent Majesty our dread Sovereign King Charles And having treated and concluded with the said Earl of Glamorgan as by the Articles of Agreement to which we have interchangealy set our Hands and Seals more at lage appeareth Yet it is to be understood that by the said Agreement the Right Honourable Edward Earl of Glamorgan doth no way intend to oblige His Excellent Majesty other than he himself shall please after he hath received these Ten thousand Men being a Pledge and Testimony of our Loyalty and Fidelity to His Majesty yet the said Earl of Glamorgan doth Faithfully promise upon his Word and Honour not to acquaint His most Excellent Majesty with this Defesance until his Lordship hath endeavour'd as far as in him lies to induce His Majesty to the granting of the particulars in the said Articles of Agreement but that done according to the Trust we repose in our very good Lord the Earl of Glamorgan We the said Richard Lord Viscount Mountgarret c. and every of Us for and in the behalf of the Confederate Catholicks of Ireland who have intrusted Us do discharge the said Earl of Glamorgan both in Honour and Conscience of any further ingagement to Us herein though His Majesty be not pleased to grant the said Particulars in the Articles of Agreement mentioned and this we are induced to do by the particular Trust and Confidence the said Earl of Glamorgan hath reposed in Us for the draught of the Act of Parliament inserted within the Articles of our Agreement We assuring upon our Words and Honours that it is the most moderate of Three which we brought up for the Assent of the Right Honourable the Lord Marquess of Ormond Lord Lieutenant of Ireland his Excellency and without which we cannot be satisfied and we are also induced hereunto in regard the said Earl of Glamorgan hath given us Assurance upon his Word and Honour and upon a voluntary Oath of his that he would never to any Person whatsoever discover the Defezance in the interim without our consents And in confidence thereof We have hereunto set our Hands and Seals the 26 th day of August Anno Dom. 1645. Glamorgan Signed Sealed and Delivered in the Presence of the Lord John Somerset who knew nothing of the Contents thereof F. Oliver Darcy Peter Bath Appen XXVIII His Majesties Letter about the Earl of Glamorgan's Peace Right Trusty c. We greet you well WE have seen and considered the dispatch directed from you and our Council there to our Trusty and Well-beloved Counsellor Sir Edward Nicholas one of our Privy Council of State concerning the Earl of Glamorgan's Accusation and your Proceedings thereupon and as we could not receive the one without extraordinary amazement that any mans folly and presumption could carry him to such a degree of abusing our trust how little soever so we could not but be very sensible of the great affection and zeal to our service which you have expressed in putting our honour so highly traduced into so speedy and effectual way of Vindication by the proceeding against the said Earl of Glamorgan and though we
secured in their Persons Estates and Goods that they have in Ireland and that they may live quietly and securely under the Protection of the said Parliament and their Forces either within England Ireland or Wales and that they shall enjoy those their Estates and Goods without any molestation or question from the said Parliament as any others do who have not offended the said Parliament they submitting to all such Ordinances of Parliament made or to be made as all others do submit unto who have never offended the Parliament 3. Item It is fâ—rther agreed and concluded and the said Arthur Annesley c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond that all Protestants whatsoever of the Kingdom of Ireland not having been in the Irish Rebellion who have any Estates or Lands in England though they have of late consented or submitted either to the Cessation of Armes or the Peace concluded with the Irish Rebbels may compound for the same at the raâ—e of two years profit as they were before the beginning of these troubles they submitting to such Ordinances of Parliament as all Persons now compounding in England do submit unto Provided that they effectually prosecute the same within six months after the publication of this Article 4. Item It is agreed and concluded upon and the said Arthur Annesley c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond that such as have come under contribution and do now live in the English Quarters and will continue payment of contribution shall be protected in their persons and estates as well from the violence of the Souldiers under the Parliament as of the enemy and this to be extended to all without any distinction of offence or religion and that they shall receive Safeguard by the countenance of the Forces under the Parliament 5. Item It is agreed and concluded upon and the said Arthur Annesley c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Onmond that the said Lord Marquess shall enjoy his Estate without molestation or disturbance from the Parliament and shall have indemnity against all debts contracted by reason of any goods Money Debts or Victuals taken up by vertue of any Warrant signed by him and the Councel from any person for the maintenance and support of the Army or any of the Garrisons now under his Lordships Command 6. Item It is agreed and concluded upon and the said Arthur Annesley c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond that he shall be protected in his person and goods for the space of twelve Months against all Suits Arrests molestation or disturbance from any person whatsoever for any debt owing by him to any person whatsoevert before the Rebellion in Ireland 7. Item It is agreed and concluded and the said Arthur Annesley c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond that the said Lord Marquess and all such Noblemen Gentlemen and Officers as shall be desirous to go with him or by themselves into any place out of Ireland shall have free passes for themselves their Families Goods and travelling Arms and a competent number of servants sutable to their respective qualities Provided they demand the said passes within twenty days after the date of these Articles and the said passes are to be in force for three months and no longer after the date of the said passes 8. Item It is agreed and concluded and the said Arthur AAnnesley c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond that he shall have liberty to come and live in England with the like liberty that others have he submitting to all Ordinances of Parliament and for the time of twelve moneths shall not be prest to any Oaths he engaging his honour to do nothing in the mean time that shall be disservice to the Parliament 9. Item Forasmuch as in the sixth Article of the said Lord Marquess of Ormonds additional instructions to Sir Gerrard Lowther Sir Francis Willoughby and Sir Paul Davies it is affirmed by his Lordship that the sum of thirteen thousand eight hundred seventy seven pounds fourteen shillings nine pence is less than the sum disbursed by his Lordship for the maintenance of the Garrisons of Dublin Dundalke Newry Narrow water Green Castle and Carlingford which sum upon Accompt ☜ appeared to the Councel of this Kingdom and to us by their Certificate to be disbursed as aforesaid it is therefore concluded and agreed and the said Arthur Annesly Esq c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess that upon performance of what is undertaken by his Lordship he shall receive three thousand pounds in mony to answer his occasions in and until his Transportation and likewise Bills of exchange to be accepted by sufficient men in France or Holland to pay unto him ten thousand eight hundred seventy seven pounds fourteen shillings and nine pence of currant mony of and in England either in English mony or such other Coyns as shall be of equal value or worth as so much English mony to be paid to such as his Lorship shall appoint to wit the one half at fifteen days after sight and at six months the other half 10. Item It is agreed and concluded and the said Arthur Annesly Esq c. do for and in the behalf of the Parliament of England conclude and agree and undertake to and with the said Loâ—â— Marquess of Ormond that there shall be pensions to such as the said Commissioners shall think fit forthwith ascertained to the value of two thousand pounds sterling per annum unto such of the Civil and Martial List as also of the distressed Clergy as shall be thought meet to extend it to in such way as may give best satisfaction those Pensions to continue during the Wars till they can receive the like benefit by their own Estates And to the end that upon publication of the Articles these popish Recusants who have not assisted nor adhered to the Rebellion in this Kingdom may be incouraged to continue in their habitations and in enjoyment of their Estates with confidence 't is declared by the said Arthur Annesly Esquire c. in behalf of the Parliament of England that the said Parliament will take them into consideration for favour according as they shall demean themselves in this present Service and thereof they are hereby assured IN WITNESS whereof the said Lord Marquess
perfecting and concluding of these Articles by vertue or pretence of any Authority which is now by these Articles agreed on Provided also that the said Commission shall not continue longer than the first day of the next Parliament 33. Item It is concluded ordered and agreed by and between the said parties and his Majesty is further graciously pleased that for the determining such differences which may arise between his Majesties Subjects within this Kingdom and the prevention of inconvenience and disquiet which through want of due remedy in several causes may happen there shall be Judicatures established in this Kingdom and that the persons to be authorized in them shall have power to do all such things as shall be proper and necessary for them to do and the said Lord Lieutenant by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them shall name the said persons so to be authorized and do all other things incident unto and necessary for the setling of the said intended Judicatures 34. Item At the instance humble suit and earnest desire of the General Assembly of the Confederate Roman Catholicks it is concluded accorded and agreed upon That the Roman Catholick Regular Clergy of this Kingdom behaving themselves conformable to these Articles of Peace shall not be molested in the possessions which at present they have of and in the Bodies Sites and Precincts of such Abbies and Monasteries belonging to any Roman Catholick within the said Kingdom until settlement by Parliament and that the said Clergy shall not be molested in the enjoying of such Pensions as hitherto since the Wars they enjoyed for their respective livelihoods from the said Roman Catholicks and the Sites and Precincts hereby intended are declared to be the Body of the Abby one Garden and Orchard to each Abby if any there be and what else is contained within the Walls Mears or ancient Fences or Ditch that doth supply the Wall thereof and no more 35. Item It is concluded accorded and agreed by and between the said parties that as to all other demands of the said Roman Catholicks for or concerning all or any the matters proposed by them not granted or assented unto in and by the foresaid Articles the said Roman Catholicks be referred to his Majesties gracious favour and further Concessions In witness whereof the said Lord Lieutenant for and on the behalf of his most excellent Majesty to the one part of these Articles remaining with the said Roman Catholicks hath put his Hand and Seal And Sir Richard Blake Knight in the Chair of the General Assembly of the said Roman Catholicks by order command and unanimous consent of the said Catholicks in full Assembly to the other part thereof remaining with the said Lord Lieutenant hath put his Hand and the publick Seal hitherto used by the said Roman Catholicks Jan. 17. 1641. and in the 24th year of the Reign of our Sovereign Lord CHARLES by the Grace of God King of Great Britain France and Ireland c. Appendix XLIV A Circular Letter from the Popish Clergy in Approbation of the Peace of 1648. SIRS AS a War undertaken principally for Religion gave us all the world over the reputation of a Catholick People even so the Peace now concluded between the Kings Lieutenant and us speak us a most Loyal Nation as complying with his Majesty in his greatest necessity though in our thoughts and occasions during these seven years Wars we have still this Loyalty and have oft publickly sworn it yet lay we under the suspicion of many men but by the present Agreement all blemish of that kind is taken away We are of opinion that our sense of this Peace would give you a confidence to receive and submit to it willingly and chearfully to which end we do hereby give you assurance we have by this Peace in the present Concessions and in the Expectations of further gracious Favours from his Majesties Goodness received a good satisfaction for the Being and Safety of Religion And the Substance thereof as to the Concessions for Religion is better than the Sound By the temporal Articles the Lives Liberties and Estates of men are provided for so as now you have a clear quarrel without thought or the least colour of suspicion for you fight purely against Sectaries and Rebels for God and Caesar and under those Banners you may well hope for Victories We do hereby pray you may with joy and much happiness wear his green Lawrel of happy Peace and so we remain Your Fathers and Servants in Christ Jesus Signed Johannes Archiepiscopus Tuamen David Ossoriens ThomasMiddens Franciscus Aladens Edwardus Limericens NicholausFernens Fa. Hugo Duacens Pat. Drumorens Andr. Finwarens Appendix XLV 13 March 1649. Remedies proposed to his Excellency for removing the Discontents and Distrusts of the People and for advancing his Majesties service presented by such of the Clergy as met at Lymerick the 8th of March 1649. and the Commissioners of Trust I. HAving joyned our selves in this meeting upon your Excellencies Summons and in compliance with your pleasure in delivering our sense how any life might be conserved in this gasping Kingdom The following considerations we thought fit to be represented to your Excellency II. It is generally thought that most of the present Distresses of the Kingdom did proceed from the want of a Privy Council as ever it was accustomed heretofore to assist the Government of this Land in War and Peace We conceive it essentially necessary that such a Council be framed of the Peers and others Natives of the Kingdom as well Spiritual and Temporal to sit with your Excellency daily and determine all weighty affairs of the Country by their Counsel The Commissioners of Trust being only instrusted for the due observation of the Articles of Peace had not the Authority of Counsellors and the affairs that intrench most upon the matters of State of the Kingdom were not their study or charge III. That there be an exact Establishment of the Forces forthwith settled and agreed on directing what numbers the Army of the Kingdom shall consist of Horse and Foot what each Province shall bear what number each Regiment Troop and Company shall consist of and laying down such Rules that no payments be made but according to the number of Forces that shall be visible and extant for service and the said establishment to be forthwith put in Execution and the said Army once established and made certain not to be multiplied or exceeded other than by solemn further establishment to be made with the consent and concurrence of the Commissioners of Trust if there be cause for it And in that Establishment a certain and sure course to be taken that all the Forces have the same assurance and the like equality of payment for all the Army And in that Establishment all preventions possible to be set down for avoiding the burthening of the People with thorough-fare
Antrim himself confesses to be a Trustee and therefore we may be sure the King wrote sincerely to him ORMOND THough I am sorry for this Occasion I have to send unto you which is the sudden and unexpected Rebellion of a great and considerable Part of Ireland yet I am glad to have so faithful and able a Servant as you are to whom I may freely and confidently write in so Important a Business This is therefore to desire you to accept that Charge over this which you lately had over the former Army the which though ye may have some Reason to excuse as not being so well acquainted with this Lord-Lieutenant as ye was with the last yet I am confident that my Desire and the Importance of the Business will easily overcome that Difficulty which laid aside for my sake I shall accept as a great renewed Testimony of that Affection which I know ye have to my Service So referring what I have else to say to Captain Weemes Relation I rest Edinb 31 Octob. 1641. Your most assured Friend CHARLES R. Lastly The Credential which Burk had was not until the 8th day of February 1641. And that the Reader may see the bottom of this Intrigue I have added it verbatim copied from the Original ORMOND BEing well satisfied of the Fidelity of this Bearer Mr. Burk I have thought fit not only to recommend him to you but also to tell you that I have commanded him to impart to you what I have not time to write which I think will much conduce to the reducing of the Rebels which I know none desires more than your self and so I rest Windsor Feb. 8 1641-42 Your most assured Friend CHARLES R. FINIS ERRATA In the Apparatus Page 2. in margine for tanquam read tantam p. 3. l 28. f. 1643. r. 1642. In the History PAge 12. line 50. for dead read ready p. 21. l. 51. dele of p. 28. l. 23. dele besides p. 29. l. 40. r. returned to p. 44. l. 32. r. May 1628. p. 60. l. 23. f. was r. were p. 66. l. 9. f. his r. this p. 72. l. 42. f. 64. r. 65. p. 73. l. 49. f. trot r. go p. 75. l. 51. f. December r. November p. 77. l. 45. f. their Religion likewise persecuted by the Parliament r. of the same Extraction with themselves p. 86. l. 30. f. October r. December p. 95. l. 46. f. he r. the. p. 98. l. 42. f. alias r. Mac. ibid. l. 39. dele also p. 115. l. 6. f. hundred r. thousand p. 130. l. 6. f. A r. the. ibid. l. 44. r. they will p. 139. l. 37. r. and relieve p. 148. l. 49. f. Jany r. Inny p. 156. f. on r. in p. 175. l. 52. dele the. p. 177. l. 16. f. fifteen r. five p. 192. l. 39. r. for p. 193. l. 20. r. 38. p. 196. l. 30. l. 〈…〉 dele part of the 15th and all the 16th 17th and 18th Lines The Reign of King Charles the Second PAge 3. in margine r. Temerarie p. 6. l. 49. f. Batalia r. Readiness p. 136. l. 51. for all r. good part of the. In the Appendix Page 165. l. 40. f. 1641. r. 1648. p. 209. l. 29. f. was r. were Books printed for and sold by Joseph Watts at the Angel in St. Paul's Church-Yard THE History of Ireland from the Conquest to the End of the Reign of Queen Elizabeth By Richard Cox Esquire the first Part. Folio Chardyn's Travels into Persia and the East-Indies Folio The Trial of the Lord Russel c. Folio Diary of the late Expedition of his Majesty into England Quarto Representation of the threatning Dangers Impending over Great Britain before the coming of their Majesties King William and Queen Mary Quarto Treatise of Monarchy in two Parts By Hunton Quarto Discourse of the Opposition of the Doctrine Worship and Practice of the Roman Church to the Nature Designs and Characters of the Christian Faith By Gilbert Lord Bishop of Salisbury Quarto The True Test of the Jesuits or the Spirit of that Society disloyal to God their King and Neighbour 4 o. Sure and Honest means for the Conversion of Hereticks Published by a Protestant 4 o. The present Settlement vindicated and the late Misgovernment proved In Answer to a seditious Letter from a pretended Loyal Member of the Church to a Relenting Abdicator with the said Letter Quarto Journals of the House of Commons in 1680 and 1681. Octavo Treatise of the Corruption of Scriptures Councils and Fathers By the Prelates and Pastors of the Church of Rome for the maintenance of Popery By Thomas James 8 o. The True Nature of the Divine Law Octavo A Discourse of the Nature Use and right managing the Baroscope or Quick-silver Weather-Glass With the true Equation of Natural Days for the better ordering Pendulum Clocks and Watches By John Smith Octavo Reform'd Devotions in Meditations Hymns and Petitions for every Day in the Week By Theophilus Dorrington Twelves An Earnest Invitation to the Sacrament of the Lord's Supper By Jos Glanvill The 7th Edition 12 o. The Mystery of Iniquity By Dr. Burnet Octavo Serious Reflections on Time and Eternity By John Shower 12 o. Expostulation with the Whigs in Scotland 4 o. The Earl of Rochester's Funeral Sermon 〈◊〉 Likewise Acts of Parliament Proclamations Declarations Orders of King and Council Speeches of the Kings c. in Parliament Pamphlets of all sorts Sermons on all Occasions Trials Narratives and Gazettes c. are sold by the said Joseph Watts A Table of the most Material Passages of this Book Note C 2. signifies that part of this History which contains the Reign of King Charles the Second A. Pag. ANalecta Hiberniae when published 33 Army encreased to 5000 Foot 500 Horse 41 and quartred upon the Country 42 and encreased to 8000 Foot and 1000 Horse more 51 but this Addition disbanded 71 Atherton Bp of Waterford executed 58 Adair Bishop of Killalla deprived and why 60 Athlone surpriz'd by Friar Dillon 170 Assembly General of the Irish sit 123 and make Orders 163 and declare against the Peace of 1646. 185 their Declaration previous to the Peace of 1648. 205 B. Baronets instituted 17 Bishops their Protestation against Toleration of Popery 43 Battel at Gelingston Bridg 82 in County of Wicklow 83 at Swords 87 of Kilrush 106 of Tymachoo 109 of Raconell ibid. of Ross 111 of Ballintober 114 of Rapho 115 of Killworth 129 of Castlelyons 158 of Bemburb 165 of Dunganhill 195 of Knocknanoss 197 of Rathmines C. 2. 7 on Wexford-strand 11 at Macrâ—ome 16 at Skirfolas 24 Knocknaclashy C. 2. 68 C. Cities of Munster rebel 4 5 and submit 7 8 have their Charters renewed 15 Cary Sir George Lord Deputy 9 Chichester Sir Arthur Lord Deputy 9 goes to England 25 and returns successfully 29 and is made Lord of Bellfast 33 Commissioners sent to inspect the Affairs of Ireland 36 their Computation mistaken 37 City of Cork made a distinct County 10 destroyed by Fire 39 Customs