signing this Declaration were actually there consenting to the Peace and all the Congregation either at or after the conclusion of the Peace subscribed to it So that by the general Consent of the Congregation first or last Thomas Lord Viscount Dillon Donogh Lord Viscount Muskery c. were to look to the performance of the Articles of Peace and thereby had greater pretence to be proper Judges of the Violation of the said Articles than this Congregation Yet without consulting them they publish this Declaration and fulminate their Excommunication against any that should adhere to Us among other things for pretended Violation of the Peace and would not by the said Commissioners be perswaded to retract it Where they say We neither did nor could demonstrate unto them any way of preserving the Remainder of the Kingdom under Our Government it was a Question never asked of Us either by the Bishop of Dromore and Dr. Charles Kelly who brought Us the Message or by the Bishops of Cork and Clonfert that were sent to Us for Our Answer or indeed by any other If such a Question had been moved to Us We should doubtless have answered That the most probable way of preserving the Remainder of the Kingdom was by the chearful Submission of the Cities Towns and People to the rightful Authority placed over them And if the Congregation or as many of them as are now there should be put to shew a more probable way or to quit the Kingdom it is possible it might be fit for them to think of their Voyage as it might in such case be reasonably hoped the Kingdom might be preserved Thus have We gone through and answered all that we could ever see or hear objected against us by the Congregation and acquainted you by what Steps they have proceeded to their Declaration and Excommunication wherein we have recited their own Words and related their own Actions so truly that they cannot if they would deny any part of what we have set down as theirs and therein also we have been the more particular because it is doubtful whether ever we shall have another Opportunity of vindicating our Self from false Aspersions cast upon our Person and Actions Appendix XLIX The Information of the Marquess of Antrim MY Lord of Antrim by Letters earnestly pressing to a Conference with us whose Names are underwritten being then at the Camp of Killahan in the County of Meath there was a Meeting with his Lordship assented unto and accordingly we this Day being the 9th of May 1650 met him at Miltown between Killahan and Killehan in the said County where and when amongst other Discourses and particularly concerning a Commission supposed to have been by the late King given to the Irish for their rising and acting as they have done in Ireland on the 23d Day of October 1641 and after he the said Lord of Antrim said that he knew nothing of any such Commission but that the late King before the said rising of the Irish in Ireland sent one Thomas Bourk Kinsman to the Earl of Clanrickard to the Lord of Ormond and to him the Lord of Antrim with a Message That it was the King's Pleasure and Command that those eight thousand Men raised by the Earl of Strafford in Ireland should be continued without disbanding and that they should be made up twenty Thousand and that they should be armed out of the Store of Dublin and imployed against the Parliament and particularly that the Castle of Dublin should be surprized and secured which the said Lord of Antrim's Discourse in Substance aforesaid was delivered at the Time and Place before mentioned in the Presence of us Signed John Reynolds Henry Clogher The 11th of May 1650 another Meeting was given by us undernamed to the Lord of Antrim at the aforesaid Place when and where amongst other Discourses and in pursuance of that formerly by his Lordship delivered of the King's Instructions concerning the rising of the Irish in Ireland the Lord of Antrim further added That the Letters of Credence by the late King to Thomas Bourke before mentioned were in Substance as followeth Thomas Bourk you are to repair to Ormond and Antrim in Ireland who are to give Credit to what you are to say to them from Us. C. R. Which Letter of Credit being by the said Bourk shewed to Ormond and to him the Lord of Antrim he the said Bourk declared the King's Pleasure concerning the said eight thousand Men and what is before particularly mentioned in his Lordship's Discourse on the 9th Instant which we the Subscribers have read the same in Substance being repeated to us by the Lord of Antrim The said Lord of Antrim further said in our Presence That after the Declaration to the Lord of Ormond and to him the Lord of Antrim made by the said Bourk of the King's Pleasure as aforesaid they the Lords of Ormond and Antrim endeavoured a Meeting with each other for ordering Affairs accordingly but there being as they supposed jealous Eyes over them they could not for a time compass it conveniently he said that in the Parliament then sitting at Dublin they would often take occasion to retire into the withdrawing Room belonging to the Lords House of Parliament in the Castle of Dublin but being followed by others they had not their Conveniency for Discourse which they desired That having appointed a Meeting at the Bowling-Ally in the Colledg-green in Dublin they would there sometimes exchange some Words but having at length gained a fit Opportunity for a Meeting after some Debates it was by them concluded That present Dispatch should be made and sent to the King of that resolved on for his Service Ormond asking Antrim Whom he would employ in that Business to the King he answered that he would send the Lord Macgnire And I said Ormond will send over my Lord of Muskery and a time being appointed for preparing the said Dispatches they then parted but after some Days Ormond again meeting with him the Lord of Antrim told him that Dublin was no convenient Place for their Business that therefore the Lord of Ormond would retire into the Country for preparing of the said Dispatches desiring him the Lord of Antrim to meet him at a time appointed at Kilka in the County of Kildare belonging to the late Countess-Dowager of Kildare whither Ormond said he would come on Pretence of a hawking Recreation and that there they might discourse of all things freely That the time of meeting drawing nigh and the Lord of Antrim prepared for it he was therein prevented by a Message from Ormond wherewithal Colonel John Barry was sent intimating that the Lord of Ormond having considered of the Business he conceived it convenient that one of them two should repair to the King immediately rather than so great an Affair should be trusted by any other That for himself he said that being a Stranger at Court his going thither could not be without Suspicion but that he the
Favour and consequently luxurious they always followed the Court and hated to be put in Frontier Garrisons or Places of Danger They were says Cambrensis great Talkers Boasters and Swearers very Proud and Contemners of all others greedy of Places of Places of Honour and Profit but backward in undertaking any hazardous and dangerous Action or performing any Service that might deserve them Moreover many of the English and Welch were dispossest of their best and safest Castles to make Room for the Normans and forc'd to take others in Exchange on the Frontiers by which means they were impoverish'd and discourag'd Add to this That several of the faithful Irish who had submitted to the English Government and lived within their Quarters and thereby became acquainted with the English Conversations Humors Strength Policies Seats and Habitations were likewise dispossess'd to make Room for the Normans and thereby forced to revolt to the Irish and became the most Dangerous of all the Enemies as being most Knowing and most Provok'd And thus it came to pass that after Earl John had wasted his Army in small and unprofitable Skirmishes and had staid eight months and done no other Good than that he built the Castle of Tybrach perhaps Typerary Lismore and Ardfinin the King sent for him and his Beardless Counsellors and in his Room substituted John de Courcy Earl of Vlster Lord Lieutenant of Ireland he brought over with him about four hundred Volunteers 1185. September And soon after his arrival he made a Progress into Munster and Connaught to put those Countries in order but it seems he fell into an Ambush or had some Skirmish with the Irish for it is said That he lost twelve Knights in his Return from Connaught 1186. On Midsummer-day the Prime of Limerick slew four Knights and a great part of the Garrison of Ardfinin And soon after by a Slight drew that Garrison into an Ambush by exposing a Prey to their View which they thought to have taken but he fell upon them and surprized and slew most of them But the Irish had not so good luck in Meath where they of Kenally had made Incursions and taken a Prey for William Petit rescued the Prey defeated them with great Slaughter and sent an hundred of their Heads to Dublin Old Lacy was now busie building his Castle of Derwath and himself working with a Pick-ax for Diversion when one of the malicious and ungrateful Workmen took the Opportunity whilst he was stooping Cambden 151. and with another Pick-Ax knock'd out his Brains And it seems there was an Insurrection thereupon for it is said That Courcy and Young Lacy revenged the Murder and reduced all things to quiet But it seems afterwards there grew some Distast between Courcy and Lacy so that Lacy who was the better Courtier supplanted Courcy who was the better Soldier and got himself into his Room This Courcy came from Stoke-courcy commonly call'd Stogussy in the County of Somerset I find that Robert de Courcy was made a Baron at Westminster 33 Henry 1. but whether he was the Ancestor of this Family I will not determine This Earl of Vlster had a natural Son John Lord of Kilbarrock and Raheny who was murdered by the Lacyes so that it is the Brother of this Earl John that was the Ancestor of the Noble Family of Courcy Lord Baron of Kingsale In the mean time King Henry died in Normandy on the sixth Day of July 1189. He was so well pleased with the Conquest of Ireland Davis 11. that he placed the Title of Lord of Ireland in his Royal Style before his Hereditary Estates of Normandy and Aquitain Baron Finglas M. S. And yet that Country was at that Time so inconsiderable or so little improv'd that there were not five Castles or Piles for Defence of Irish building in the whole Kingdom Dublin Cork and Waterford were built by the Easterlings and all the rest have been built since the Reduction of Ireland This King was both Wise and Valiant he was also Generous to the highest Degree so that he deserved to be ranked among the bravest Princes of that or any other Age and perhaps had made as great a Figure in History as any of them if the Undutifulness of Becket and the Rebellion of his own Sons had not interrupted his Designs However there are some who will never forgive him the Conquest of Ireland and therefore do load his Memory with many Malicious Aspersions equally Ridiculous and False Polichronicon l. 7. c. 21. They say his Grandmother could not endure the Mass and that her Husband ordered four Knights to hold her by Force whilst the Priest was celebrating but in spight of them she flew out of the Window with two of her Sons and was never seen after And that 't is no Wonder they that come of the Devil should go to the Devil And that King Henry's Embassador urging the King's Son to have Peace with his Father was answered That it was Natural to their Brood to hate one another That Henry was a Bastard and that S. Bernard the Abbot prophesied of him That from the Devil he came and to the Devil he should go That his Father had gelded a Bishop and that himself had murdered S. Thomas of Canterbury That his Father had Carnal Knowledge of Henry's Queen Elianor and abundance more of such silly Stuff THE REIGN OF John Earl of Moreton LORD of IRELAND Afterwards King of England Duke of Normandy c. RICHARD I 1189. for his Valour Sirnamed Ceur de Lyon by unquestionable Right Succeeded his Father on the Throne of England and was crowned at Westminster the third Day of September 1189 but his Style was no more than Speed 482. Rex Anglor dux Normannor Acquitan comes Andegavor For John Earl of Moreton youngest Son of the deceased King by virtue of the aforesaid Donation at the Parliament at Oxford anno 1177 succeeded his Father in the Sovereignty of Ireland And therefore we find the Pope's Legate had Commission to exercise Jurisdiction in Anglia Davis 19. Wallia illis Hiberniae partibus in quibus Johanes Comes Moretonii potestatem habet dominium For tho' it be a Fundamental Maxim of State That Ireland must not be separated from the Crown of England And tho' it be also an undoubted Maxim of Law That the King cannot alien any part of his Dominions yet neither of these were thought to be transgressed by the aforesaid Donation because it was made to the King's Son whose Interest and Expectations in England were thought to be sufficient Security for his Good Behaviour What Controulment Earl John might have met with in the Soveraignty of Ireland if the King Richard had been at Leisure to inspect that Matter is incertain But it is manifest That the King was so taken up with his Voyage to the Holy Land and so embarassed by the unfortunate Consequences of it that he never did
publickly opposed the King's Alienation or Resignation of his Dominions to the Pope 1213. He governed the Kingdom very well but at the end of two Years he went to Rome either to solicit Aid for the King against the Barons or to be present at a General Council He left Geofry de Marisco 1215. Lord Keeper of Ireland to whom nevertheless Sir Edmond Butler was Assistant or Coadjutor It was about this Time the Citizens of Dublin obtained a Licence to build a Bridge over the Liffy where they pleased And not long after they also got a Fee-Farm of the City of Dublin from the King at a certain Rent but I take that to have been anno 1217. and if so the King here meant must be Henry III. It seems these Times were very Quiet for I find no mention of any War or Rebellion except some small Stirs in Connaught which were not so Great or Considerable as that the Particulars should be transmitted to posterity In the mean Time William Earl Marshal who came to Ireland anno 1207. was employed in building his Castle of Kilkenny and the Abbey of Black-Fryers there He also incorporated that Town by the Name of Sovereign Burgesses and Communalty and granted them a Privilege to be quit of Toll Lastage and Pontage and all other Customs throughout Leinster and afterwards went to England And thus stood the Government of Ireland during the Life of King John who died at Newark the nineteenth Day of October 1216. 1216. THE REIGN OF HENRY III. King of England And LORD of IRELAND c. HENRY the Third not then Ten years old succeeded his Deceased Father in all his Titles and Estates 1216. and in the presence of the Popes Legate William Earl Marshal and others he was declared King and Crowned at Glocester by the Bishops of Winchester and Bath and at the same time he did Homage to Pope Innocent and the Church of Rome Brady 522. for the Kingdoms of England and Ireland and swore to pay yearly the Thousand Marks which his Father had promised to the Holy See William Earl Marshal who was also Earl of Pembrook was Protector of the King and Kingdom Ib. 523. and by Proclamation encouraged the Nobility Gentry and other the Kings Subjects to continue faithful to him which they were the more easily perswaded to because Lewis Prince of France and his Party began to decline and were solemnly excommunicated or rather the same Excommunication was published and denounced every Sunday and Holy-Day There likewise issued a Writ to the Kings Subjects in Ireland in haec verba REX Archiepiscopis Prin 250. Episcopis Abbatibus Comitibus Baronibus Militibus libere tenentibus omnibus fidelibus suis per Hibern constitutis Salutem Fidelitatem vestram in Domino commendantes quam Domino Patri nostro semper exhibuistis nobis estis diebus nostris exhibituri Volumus quod in signum Fidelitatis vestrae tam praeclarae tam insignis libertatibus Regno nostro Angl. Ã Patre nostro nobis concessis de gratia nostra dono in Regno nostro Hibern gaudeatis vos vestri Haeredes in perpetuum quas distincte in Scriptum redactas de communi consilio omnium fidelium nostrorum vobis mittimus signatas Sigillis Domini nostri G. Apostolicae Sedis Legati fidelis nostri Com. W. Maresc Rectoris nostri Regni nostri quia Sigillum nondum habuimus easdem processu temporis de majori Consilio proprio Sigillo signaturi Teste apud Glouc. 6 die Februar And the Entry on the Roll is Homines Hiberniae habent libertates Angliae And another Writ Brady Append. 143. under the Test of the Earl Marshal was sent to Hugh de Lacy to invite his Return in this Writ which runs in the Name of the King his Majesty condescends to expostulate with Lacy that he the King ought not to be blamed for his Fathers unkindness to Lacy and assures him that he shall have Restitution and Protection if he would come back and upon Receipt of it Lacy did readily comply with the Kings Desire Geofry de Marisco continued Lord Justice or Governor of Ireland Burlace 15. to whom on the 16th of April following Henry de Londres was added as Assistant or Co-adjutor at least in Ecclesiastical Matters 1217. and for the Reformation of the Church The King sent a Writ to the Lord Justice giving him thanks for his faithful Service to the deceased King John and desiring that he would persevere in the like to himself especially during his Monority when he stood in need of the Lord Justices assistance and advice Prin Hist H. 3. fol. 38. and requires him to take the Oath of Fealty of the Nobility of Ireland and all others that are obliged thereto and assures them they shall enjoy the same Liberties in Ireland as he hath granted to his Subjects in England There was also another Writ sent to the Lords Spiritual and Temporal to assist the Lord Justice in the Kings Service And there was yet another Writ for a thousand Bacons Lib. GGG Lambeth two Ship-load of Corn and a Ship-load of Oats Mandatum est Justiciario Hiberniae quid mittet in Angliam mille Bacones duas Navatas Frumenti unam Navatam Aveni So that England must not deny but that it has at some time been beholden to us About this time William Earl Marshal incorporated the Town of Calan and gave it the following Charter COncessi Burgensibus meis de Calan omnimodas Libertates quas decet Burgenses habere mihi licet conferre viz. quod nullus Burgensis trahatur in causam vel respondeat de ullo placito quod proveniat infra Metas Burgi in Castello Lib. in Lambeth vel alibi nisi in hundredo villae exceptis placitis quae sunt de hominibus hospitii mei Concessi etiam eisdem Burgensibus Matrimonium contrahere sibi filiis filiabus viduis sine licentia Dominorum suorum nisi forte forinseca tenementa teneant de me in capite extra Burgum Lucas de Netervil was chosen by the Chapter Archbishop of Armagh 1217. and went to the King for Confirmation but could not obtain it Ware de Fresul 17. because the Election was made without the Kings License Whereupon the Monks compounded with the King for three hundred Marks of Silver and three of Gold and so they took out a Conge de esâ—ier and repeated the Election and then Netervil was consecrated by Langton Archbishop of Canterbury About this Time viz. 2 Hen. 3. the King wrote to Ireland for Aid to pay off a Debt due from him to Lewis Son of the King of France Soon after Henry de Londres was by Pope Honorius the Third made Legate of Ireland and held a Synod at Dublin which made many good Canons But the Lord Justice had displeased the King by his male-administration of Affairs in Ireland or perhaps had
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
List of all that did pay this scandalous Contribution Lib. P. 174. and yet I am not willing to conceal from him the Account I have met with which is as follows lib. The Barony of Lecale to O Neal of Clandeboy per annum 20 The County of Vriel to O Neal 40 The County of Meath to O Connor 60 The County of Kildare to O Connor 20 The King's Exchequer to Mac Morough 80 Marks The County of Wexford to Mac Morough 40 The Counties of Kilkenny and Typerary to O Carol 40 The County of Limerick to O Bâ—â—an 40 The County of Cork to Mac Carty of Muskry 40 And whilst the English were engaged in England the Irish advantaged themselves of the Opportunity and without Colour of Right usurped many considerable Estates as they had done before in the time of Richard II and these two Seasons set them so afloat that they could never since be cast out of their forceable Possessions holding by plain Wrong the most part of Vlster and upon very frivolous Pretences great Portions of Laâ—d in Munster and Connaugh And so we are come to the end of this unfortunate Reign which determined some Years before the King's Life for he did not dye until the twenty first Day of May 1472. And it must not be forgot That one of the Articles against this King was That by the Instigation of divers Lords about him he had wrote Letters to some of the Irish Enemy whereby they were encouraged to attempt the Conquest of the said Land of Ireland THE REIGN OF EDWARD IV. King of England c. And LORD of IRELAND EDWARD Earl of March 1460. Son and Heir of Richard Duke of York immediately after his Fathers Death at the Battle of Wakefield betook himself with all Diligence to gather an Army near Shrewsbury and having got twenty three thousand Men together on the second of February he defeated the Earls of Ormond and Pembrook near Mortimers-Cross and killed three thousand eight hundred of their Soldiers and although the Queen not long afterward defeated the Earl of Warwick at Bernard-Heath near S. Albans yet he wisely made slight of that Misfortune and without any Regard to it marched directly to London where on the fourth Day of March by vertue of the aforementioned Act of Parliament he was proclaimed King by the Name of Edward the Fourth He was as to his Person the goodliest Man of his Time and he was not less Valiant than beautiful On the twelfth of March he advanced against his Enemies and on Palm-Sunday with an Army of forty thousand and six hundred Men he encountred with sixty thousand and obtained so great a Victory that thirty six thousand seven hundred and seventy two of his Adversaries were slain And so being safe in his Throne 1461. he thought it time to put the Crown upon his Head which was solemnly performed on the twenty eighth Day of June In the mean time Thomas Earl of Kildare was on the thirtieth of April chosen Lord Justice by the Council of Ireland and continued so until Sir Rowland Fitz-Eusâ—ace 1462. Lord of Portlester and Treasurer was appointed Deputy to the Duke of Clarence He held a Parliament at Dublin Friday before S. Luke's Day which enacted That ten Pound per annum Davis 96. be received out of the Profits of the Courts to repair the Castle hall It seems that one William O Bolgir was made Denizen about this time Lib. G. and that on the fourth of May 1463. Robert Barnwal was made Baron of Trimlets-Town and it must not be forgot That the Earl of Ormond was beheaded at Newcastle and attainted by Parliament in Englaâ—d ◠〈◊〉 4. and that that noble Family was in Disgrace all this â—eâ—gn for their firm adhesion to the House of Lancaster This Lord Justice was long after this in a very old Age made Viscount Baltinglass by King Henry VIII and now was forced to resign to George Duke of Clarence the King's Brother who was made Lord Lieutenant for Life and deputed his Godfather Thomas Earl of Desmond Lib. M. Lord Deputy in whose time Mints were established at Dublin Trim Drogheda Waterford and Galway to coyn Groats two Penny pieces Pence Halfpence and Farthings And not long after it was ordered That English Mony should advance a fourth Part in Ireland viz. That an English Nine Pence should pass for a Shilling in Ireland and a Shilling for sixteen Pence and so proportionably And it seems the Gold Noble coyned in the time of Edward III. was inhanced higher than the rest for it was ordered to pass for ten Shillings And this was the first time any difference was made in the value of Mony between England and Ireland This Lord Justice held a Parliament at Weys Friday before S. Martin's Day 1463. which the Thursday after was adjourned to Waterford to be held the Monday following It was again on Saturday before the Feast of Edward the Confessor adjourned to Naas Irish Statutes 19. to be held Monday before S. Matthias Day and thence on the Friday after it met there it was adjourned to Dublin to be held Monday before S. David's Day and there on the Saturday after it was dissolved having first enacted I. That all Parliament Men should have Priviledge forty Days before and forty Days after every Sessions And II. That the Attorneys Fees be regulated And III. That clipped Mony should not be currant He held another Parliament at Trim 1465. on Wednesday after S. Lawrence his Day at which it was enacted I. That the like Challenge may be had against the Feofee as against cestuy que use II. That any Body may kill Thieves or Robbers Repealed 11 Car. 1 c. 6. or any Person going to rob or steal having no faithful Men of Good Name in English Apparel in their Company III. That the Irish within Pale shall wear English Habit take English Names and swear Allegiance upon pain of forfeiture of Goods IV. That English and Irish speaking English and living with the English shall have an English Bow and Arrows on pain of two Pence V. That there be a Constable and Butts in every Town And Lastly That no Foreign Vessels fish on the Rebels Coast on pain of Forfeiture And every one that fisheth on the Coast of the Pale to pay a Duty But this Lord Justice who was the greatest Man that ever was of his Family began now to decline in the King's Favour and was obliged to give place to John Lord Tiptoft 1467. Earl of Worcester Treasurer of England and Constable of England for Life Lord Deputy of Ireland he was one of the most learned and eloquent Men in Christendom and held a Parliament at Drogheda At which it was enacted I. That the Governour for the time being may pass into Islands II. That none shall purchase Bulls for Benefices from Rome under great Penalty III. That the King's Pardon to Provisors be void IV. That the
BROTHERHOOD of St. George But to proceed William Sherwood 1475. Bishop of Meath was Lord Deputy to the Duke of Clarence he held a Parliament at Dublin Friday after the Feast of St. Margaret which makes it Treason to bring Bulls or Apostiles from Rome and orders the Lords of Parliament to wear Robes on pain of one hundred Shillings and enjoyns the Barons of the Exchequer to wear their Habits in Term-time and Enacts That if any Englishman be damnified by an Irishman not amesnable to Law he may reprize himself upon the whole Sept or Nation And that it shall be Felony to take a Distress contrary to Common Law which was a very necessary Act in those Times and is the only Act of this Parliament that is printed and though it be an English Case yet it may be useful in other Countries and therefore we will mention That George Nevil Duke of Bedford was this Year degraded 4th Instit. 355. because he had not any Estate left to support the Dignity Henry 1478. Lord Grey of Ruthen Lord Deputy held a Parliament a Drogheda which repeal'd all the Acts of the aforesaid Parliament of 12 Edw. 4. and then he resigned to Sir Robert Preston Lib. G. Lord Deputy who on the 7th of August was created Viscount Gormanston but he held the Government but a little time before he surrendred to Girald Earl of Kildare Lord Deputy he held a Parliament at Naas Friday after the Feast of St. Petronilla which Enacted 1478. 1. That Distresses taken for Rent might be sold And 2. That Non-Residents might be chosen Parliament-men 1480. but on the twelfth of August the Earl of Kildare was made Deputy to the Kings Son Richard Duke of York for four years from the fifth of May following Lib. M. by the Dukes Patent under the Kings Privy Seal quod nota and the Earl by Indenture with the King did Covenant to keep the Realm surely and safely to his power and was to have eighty Archers on Horse-back and forty other Horsemen called Spears and six hundred pound per annum to maintain them and if the Irish Revenue cannot pay it it shall be sent out of England This Lord Deputy held another Parliament on Monday after the Translation of St. Thomas at which it was Ordained 1. That no Hawks should be carried out of the Kingdom without great Custom And 2. That the Pale should have no correspondence with the Irish and it seems this Parliament Naturaliz'd Con O Neal Davis 93â— who had married the Lord Deputy's Daughter What the incomparable Spencer in his View of Ireland relates of the Duke of Clarence and Moroughen Ranagh O Brian is not to be placed in the Reign of Edward the Fourth because George Duke of Clarence was never actually in Ireland whilst he was Lord Lieutenant of that Kingdom but always managed that Province by Deputies and therefore I suppose that what Spencer has related will better suit with the Government of Lionel Duke of Clarence in the Reign of Edward the Third who did indeed marry the Heiress of Vlster and performed the other Atchievements Mr. Spencer writes of It was in this Kings Reign that the Jubile which before was every Fiftieth Year was by Pope Sixtus the Fourth brought to be every five and twentieth year and that the Primacy of Scotland was setled upon the Archbishop of St. Andrews And thus stood the Government of Ireland during the Reign of King Edward the Fourth who between the French King the troublesome Earl of Warwick the discontented Lords and the Attempts of the Wife and Friends of Henry the Sixth found so much work at home that Ireland was in a manner neglected and left to the Protection of the Fraternity of St. George when on the ninth Day of April 1483 the King died in the two and fortieth Year of his Age and of his Reign the three and twentieth THE REIGN OF RICHARD III. King of England c. And LORD of IRELAND UPon the Death of King Edward his Son the Prince of Wales being then at Ludlow was Proclaimed King by the Name of Edward the Fifth and in his way to London was perswaded by the means of his Unkle the Duke of Glocester to dismiss great part of his Guards as well to save the Charge as to avoid giving Cause of Suspicion and Reasons of Jealousie to such as doubted that so numerous an Attendance was entertain'd upon Designs prejudicial to them And so having luckily mounted this first step to the Throne the Duke of Glocester proceeded to confederate with the Duke of Buckingham and the Lord Hastings and by their assistance he first seized on the Earl Rivers and others of the Kings Relations and Friends and then got the King himself into his power and brought him to London using a thousand Artifices to make the People believe that the Queen-Mothers Kindred designed the extirpation of the Ancient Nobility the Slavery of the People and the Ruine of the Kingdom This Duke of Glocester wheedled or bribed to that degree that he was chosen Protector by the unanimous Consent of the Council and afterwards got the Kings Brother out of Sanctuary at Westminster and under specious Pretences of their Security both the Princes were conveyed to the Tower of London in a most pompous and splendid manner and there they were afterwards murdered by the Appointment if not by the Hands of their Unkle King Richard took upon him the Regal Office on the 18th day of June 1483. and before the Murder of his Nephews and he was Crowned together with his Queen on the 6th day of July 1483. and being very busie in England to establish the Crown he had usurped he did not think it advisable to make any Alterations in Ireland but continued in that Government Gerald Earl of Kildare Lord Deputy to Edward the Kings Son who held a Parliament at Dublin wherein it was Enacted That the Mayor and Bayliffs of Waterford might go in Pilgrimage to St. James of Compostella in Spain leaving sufficient Deputies to govern that City in their absence 2. That the Corporation of Ross might reprize themselves against Robbers and that no Persons should alien their Free-hold in Ross to a Foreigner without the Licence of the Portriff and Council of that Town but these being private Acts are not Printed It seems that the next Year the Earl of Kildare as Deputy to the Earl of Lincoln 1484. Lord Lieutenant did hold another Parliament at Dublin wherein six private Acts only were made and not long after conven'd another Parliament at Trim which either did nothing at all or nothing worth mentioning but a subsequent Parliament at Dublin gave a Subsidy of Thirteen shillings and four pence out of every Plow-Land to the Deputy towards his Charges in the Service he did against the Irish wherein O Connor it seems was a Partner or Co-adjutor for he also had ten Groats out of every Plow-Land in Meath for
Ireland they proceeded to crown this Impostor at Christ-Church in Dublin with a Crown which they took from the Statue of the Virgin Mary in S. Mary-Abby and this Ceremony was rendred more solemn by a Sermon preached by the Bishop of Meath on the occasion and by the Attendance of the Lord Deputy the Chancellor Treasurer and other the great Officers of State And after he was crowned they carried him in Triumph upon the Shoulders of Great Darcy of Platten But the good Archbishop of Armagh refused to be present at this ridiculous Pageantry for which they gave him all the Trouble they could But it seems they were conscious of their Misdemeanour in this Matter and they knew how to purchase Absolution and therefore they called a Parliament or Assembly in the Name of their new King and the Clergy gave the Pope a Subsidy to absolve them So eager were these People to follow the Fortunes of this Mock-King that Thomas Fitz-Girald resigned the Chancellorship to the Lord of Portlester the better to be at liberty and so together they went for England and landed in Lancashire where Sir Thomas Broughton and his Party joyned them they marched through Yorkshire to Newark and being stopt there they turned aside to Notinghamshire and near the Village of Stoke 1487. on the the eleventh of June after a desperate Fight for three Hours they were totally defeated and all the Commanders and four thousand Soldiers slain and Lambert and his Master Symon were taken Prisoners and the latter was imprisoned and the former made one of the King's Falconers In December James Fitz-Thomas Decemb. 7. Earl of Desmond in the twenty eighth Year of his Age was murdered at Rakele by his Servant Shane Maunta and others who were all taken and executed for it by Maurice his Brother and Successor in that Earldom The Earl of Kildare and the other Ministers of State that were Faulty sent Messengers to the King to implore his Pardon which after some exprobration and reprimand was obtained and he was still continued in his Office of Lord Deputy Ware 14 And the same Year the Inconveniences of Sanctuaries were somewhat lessned by the Pope's Bull for the better Regulation of them It seems strange That hitherto the King did not send any Soldiers into Ireland to suppress the remainder of the Faction of York perhaps he knew That if he took any severe course with them it would utterly destroy the Pale and by weakning the small Colony of English would turn to the Advantage of the Irish and therefore he contented himself with the Submission of those that had been Faulty and sent over Sir Richard Edgcomb to take new Oaths of Allegiance of the Nobility and Gentry and to bind them in Recognizance to performance and thereupon to give them a Pardon He brought with him five hundred Men which was rather a Guard than an Army and he arrived at Kingsale with five Ships on the twenty seventh Day of June he did not intend to come on Shoar there and therefore the Lord Thomas Barry i.e. Barry oge came on Board and there did his Homage for his Barony and took his Oath of Allegiance but the next Day Sir Richard Edgcomb at the Importunity of James Lord Courcy and the Inhabitants of Kingsale did come into the Town and in their Parish Church dedicated to S. Multotius the Lord Courcy did Homage and he and the Townsmen swore Allegiance and entred into Recognizance for the Observation of it whereupon they were pardoned And so after Dinner Edgcomb sailed toward Waterford where he arrived the last Day of June and having applauded the Loyalty of that City and assured them That the King would liberally remunerate their Fidelity he set Sail for Dublin and there he arrived the fifth Day of July and was received by the Mayor and Citizens in most humble and submissive manner at the Gate of the Abby of the Friers Preachers where he was to lodge The Earl of Kildare was then upon some Exploit against the Irish so that he did not come to Dublin until the twelfth of July and then he sent the Bishop of Meath the Lord Slane and others unto Edgcomb to conduct him to S. Thomas-Court where the Lord Deputy lay Thither did Sir Richard come and with a stern Countenance delivered the King's Letters to the Lord Deputy after which they had a Private Conference but many of the Nobility being absent nothing more was done at that time and so they departed the Lord Deputy went to Minooth and Sir Richard Edgcomb returned to the Abby The next Day being Sunday Edgcomb caused to be read in Christ Church after Sermon the Absolution of the former Excommunication which the Pope had lately granted at the King's Request unto all those that should thenceforward continue loyal to his Majesty and after some time and many Expostulations between the Commissioners and the Nobility they did at last agree on the Form of an Oath to be found at large in Sir James Wares Annals p. 17. Wherein this is observable that they swore not to hinder or disturb the excommunication of all such as should oppose the King of what Quality soever they should be And in the Oath of the Clergy it was added that they should publish the Popes Excommunication against all the Kings Rebels or Enemies in Ireland as often as they should be thereunto required Salvo Ordine Episcopali c. And so on the 21st of July the Earl of Kildare being first absolved from the former Excommunication after the usual manner in time of Divine Service did Homage to the Kings Commissioner in the great Chamber in Thomas Court and swore Allegiance and entred into Recognizance for the due Observation of it and then Edgecomb gave him his Pardon and put a Gold-Chain about his Neck which the King had sent him for a Present to signifie his Majesties entire Reconcilation to him The like Oaths and Recognizances were made by Rowland Eustace Baron of Portlester Lord High Treasurer Robert Preston Viscount Gormanstown James Fleming Baron of Slane Nicholas St. Laurence Baron of Houth Christopher Barnewal Baron of Trimletstown John Plunket Baron of Dunsany Walter Archbishop of Dublin John Walton who had resigned that Archbishoprick reserving the Mannor of Swords to live upon during Life John Bishop of Meath Edmond Bishop of Kildare John Purcell Abbot of St. Thomas Abby Walter Champflour Abbot of St. Maryes and James Cogan Prior of Holm-Patrick and then Sir Richard Edgecomb entertain'd them all at a splendid Banquet at his Lodgings and the next day the Mayor and Citizens of Dublin took their Oaths at the Tolsel and remitted a Copy of the Oath under the City-Seal to the King to certifie His Majesty that they had taken it And so on the 23d day of July Edgecomb went to Drogheda and thence to Trim and both those Towns as also the Prior of St. Peters near Trim and the Abbots of Navan and Beclif did in like manner
York Second Son of Edward the Fourth to whom the Crown did really belong if he were living and this Perkin did personate him so well that there remains some doubt to this day whether he were an Impostor or not but supposing he was it was cunningly contrived to let him first appear in Portugal as a Child that had in a skulking manner fled from the Cruelty of his usurping Unkle besides Portugal was a Place with which the Duchess of Burgundy had not much Correspondence and therefore it could not be suspected that she had a hand in the Cheat but however that be young Perkin set Sail from Lisbon and arrived safely at Cork where he was kindly received by the Citizens and particularly by John Walters an eminent Merchant of Cork who probably was then Mayor and whose Apprentice Perkin had been as they say he wrote Letters to the Earls of Kildare and Desmond for their Assistance against King Henry but before he received their Answers he received Letters from the French King inviting him thither and so to France he went and was royally received and entertained until that King made Peace with King Henry and then Perkin made a seasonable Retreat into Flanders where he was exceeding welcome to his supposed Aunt the Duchess of Burgundy and there we will leave him for a while and return to our â—ord Deputy He held a Parliament at Dublin 1493. on Friday after Midsummer which it seems vacated some Indictments and Inquisitions that had formerly been made to the prejudice of this Lord Deputy by the Means of the Lord Portlester and now the Tables being turn'd and the Votaries of the House of Lancaster at Helm the Lord Portlester himself was questioned in the Exchequer for the miss-management of his Office of Treasurer This Parliament did also repeal a former Act made against the City of Waterford and restored that City to all its ancient Liberties and Priviledges and it is probable that there was also an Act of Parliament now made for the general Resumption of all the Crown Lands that were alienated or granted away since the first year of King Henry the Sixth but none of the Acts of this Parliament are Printed except one for the cleansing of the Water-Course in St. Patrick-street in Dublin and so this Parliament being dissolved in August the Lord Deputy on the sixth of September following resigned to Robert Preston Viscount Gormanstown Lord Deputy to the Duke of Bedford who it seems had not Commission to call a Parliament nevertheless he did call one which met at Drogheda and made several Statutes which were absolutely void for the Defect aforesaid however they were expresly repeal'd by 10 Hen. 7. cap. 23. And these farther Reasons were given for it 1. That the Lord Lieutenant had surrendred his Patent before the Summons And 2. Because the Parliamentary Summons did not issue to all the Shires but to four Shires only On the Twelfth of September this Lord Deputy called several of the Nobility to Trim where they subscribed Articles for the Peace of the Kingdom viz. That no man should make War without the Deputies Consent and that several Extortions and Tributes that were used and demanded should be abrogated and suppressed and that Murderers Thieves and Vagabonds should be punished c. There were present at this Assembly Alexander Plunket L. Chancellor Girald Earl of Kildare the Bishops of Meath Kildare the Lords of Slane Delvin Killeen Houth Trimletston and Dunsany c. And they gave Recognizanse and Hostages for the observation of those Articles and after this he called the Parliament aforesaid In October the late Lord Deputy Fitz-Symons went into England to give the King a full Account as well of his own Government as of the present State of the Kingdom of Ireland and not long after viz. in November following the Earl of Kildare hearing he was impeach'd in England went also thither to justifie himself before the King but the L. Deputy leaving the Government in the Hands of his Son followed the Earl to England and by the Assistance of Sir James Ormond Lord Treasurer of Ireland he so far prevailed that Kildare's Justification was rejected and himself sent over Prisoner to Ireland to the end the Matter might be more fully examined upon the place 1494. by Sir Edward Poynings Knight of the Garter Lord Deputy whose chief Errand was to suppress the Abettors of Perkin Warbeck he came over the thirteenth of September and immediately made great Alterations amongst the Ministers of State Henry Dean Bishop of Bangor he constituted Lord Chancellor Sir Hugh Conway was appointed Treasurer Thomas Bouring was made Chief Justice of the Kings Bench as John Topcliff was of the Common Pleas and Walter Ever was made Chief Baron of the Exchequer all which were Englishmen born and good Lawyers and were sworn of the Privy Council of Ireland This Deputy brought over with him about one thousand Souldiers and resolved to invade Vlster to pursue some of Perkins's Friends that fled thither it is strange he should use the Earl of Kildare's assistance in this Expedition however together they went accompanied with Sir James Ormond who had resigned the Office of High Treasurer they did great Execution on the Irish and harass'd the Territories of O Hanlon and Mac Genis and others It was suggested That Kildare did secretly treat and conspire with O Hanlon to destroy the Lord Deputy for which he was Attainted as shall be shewn hereafter but it seems he was innocent of that Matter not only because O Hanlon cleared him upon Oath two years after but also because he was acquitted in England upon full hearing before the King Nevertheless Kildare's Brother did at this time seize on the Castle of Caterlogh whereupon the Lord Deputy was necessitated to clap up a sort of a Peace with O Hanlon and Macgenis and so having taken their Oaths and Hostages he immediately marched to Caterlogh which after ten days Siege 1494. was surrendred unto him And so in November on Monday before the Feast of St. Andrew sate that famous Parliament at Drogheda which Enacted I. That the Treasurer might appoint his under-Officers here as is used in England and shall account once a year here before the Barons of the Exchequer and such of the Council as the Lord Deputy shall appoint and the same Accounts to be certified into England and finally determined and setled there II. That no Minister of Justice viz. The Chancellor Treasurer Judges Clerk or Master of the Rolls nor any Officer Accomptant shall have their Places but during the King's Pleasure III. An Act adnulling a Prescription which Traytors and Rebels claimed in Ireland The Reason of this Act was because Richard Duke of York at his last being in Ireland did Cause an Act to be made That Ireland should be a Sanctuary for Refugees and that it should be Treason to disturb any body there by any Writ Privy Seal or other Matter from England and
Resumption of all the Grants made by the Crown since the last day of the Reign of King Edward the Second Lib. G. except some Particulars mentioned in the Act and another Act Rot. Parl. c. 41. attaints the Earl of Kildare and his Brother James for High Treason for corresponding with O Hanlon and seizing the Castle of Caterlogh for extorting Coyn and Livery and for treating with the King of Scotland however he was afterward acquitted in England and received into favour and perhaps there was another Act to dissolve the Fraternity of S. George for it is certain that about this time that Brotherhood fell and so I have done with this Famous Parliament when I have told you that it is a Mistake in the Printed Statute-Book to place it anno 1495 because it is manifest That November 1494 was in the tenth Year of this King's Reign It is scarce worth mentioning Ware 43. That during this Parliament the Lord Deputy made another Expedition into Vlster because the Irish fled into their Fastnesses so that he reaped but small Fruit for his Journey In his Absence he left a Commission with the Chanchellor to continue adjourn prorogue or dissolve the Parliament as he saw cause About this time Cormock mac Teige mac Carthy of Muskry 1495. was basely murdered by his Brother Owen Ancestor of the Mac Carthyes of Cloghroe and was buried in the Abby of Kilcrea which he himself had founded But let us return to Perkin Werbeck who set sail from Flanders with about six hundred Men and arrived on the Coast of Kent but he found ill treatment there for one hundred and sixty of his Men were taken Prisoners and afterwards executed Thence he sailed to Ireland where he staid some time in Munster probably at Cork but finding the Irish unable to give him any considerable Assistance and fearing the Forces of the Lord Deputy he went thence into Scotland and by that King's Consent married the Earl of Huntly's Daughter who was nearly related to the Crown of Scotland The King of Scots did invade England in favour of Perkin but finding that none of the English came to assist the Impostor he wasted Northumberland and returned And thus Sir Edward Poynings drove Perkin out of Ireland and suppressed his Abettors and established many good Laws which though for the present they extended no further than the Pale yet their Effect and Influence increased and inlarged as fast as the King's Authority did so that those Statutes are at this day in full force over all the Kingdom And the King finding Ireland in so quiet a condition recalled the Lord Deputy and for his good Service made him Knight of the Garter And in his place appointed Henry Dean 1495. Bishop of Bangor Chancellor of Ireland and afterwards Archbishop of Canterbury 1496. to be Lord Justice and on the twenty sixth of April William Ratcliff was made Vice-Treasurer and John Pimp Treasurer at War and on the twenty fifth of June the Lord Delvin was made General for defence of the Pale and in July Octavianus Archbishop of Armagh held a Synod at Droghedah the Acts whereof are not to be found and in August Hugh O Donel being returned out of Scotland encountred and defeated O Connor near Sligo Whereupon he besieged the Castle of Sligo but without Success for being frightned with the News of the Approach of the Burks of Clanrickard he raised the Siege and retired in hast towards Tyrconnel But Burk was not so satisfied but burnt and destroyed all the adjacent Territories that belonged to O Donel's Partisans But the Earl of Kildare was still kept in Prison in England for Grief whereof his Countess died The Earl was accused of burning the Church of Cashel and many Witnesses were ready to prove it when contrary to all their Expectations he readily confessed the Fact and swore by Jesus That he would never have done it but that he thought the Archbishop was in it Which being uttered with a bluntless peculiar to this Lord did exceedingly work upon the King for whilst the Earl did so earnestly urge that for his Excuse which was the greatest Aggravation of his Crime the King easily perceived That a Person of that Natural Simplicity and Plainness could not be guilty of those Finesses and Intrigues that were objected against him It is reported of this Earl That he desired the King to permit him to have Council to manage his Cause since he was altogether unqualified to deal with such cunning Knaves as his Adversaries The King told him He should have what Counsel he would choose and that it concerned him to get Counsel that were very good for that he doubted his Cause was very bad The Earl replied That he would pitch upon the best Counsel in England Who is that said the King Marry even your Majesty quoth the Earl Whereat the King laughed But nevertheless he so requited Kildare for his Complement that when the Adversary concluded his Oration That all Ireland could not govern this Man the King took that occasion to make reply That therefore he was the fittest Man to govern Ireland Ware 49. And so for his Jest-sake made him Lord Lieutenant of that Kingdom by his Letters Patent of the sixth of August and restored him to his Honour and Estate Nevertheless the King kept the Earls eldest Son Girald as Hostage of the Father's Fidelity which proved to be a matter of Caution rather than of Necessity for no body could behave himself with more Loyalty to his Prince nor more Vigor against the Irish than the Earl of Kildare did from henceforward But to proceed Girald Earl of Kildare 1496. being made Lord Lieutenant in a short time after he had received the Sword marched towards Thomond against O Brian he went through the City of Limerick and took the Castle of Feyback from Finin Mac nâ—marra and afterwards took and rased the Castle of Ballyniti or Ballynice and so returned to Dublin and was reconciled to the Archbishop of Armagh to their mutual Ease and Quiet and to the great Advantage of Publick Affairs which often suffer especially in Ireland by the private Animosities of the Grandees But the Bishop of Bangor was recalled into England and Walter Archbishop of Dublin was made Lord Chancellor in his stead This good Archbishop in a Synod at Dublin anno 1492 procured a Pension for a Divinity-Reader there to be paid by him and his Suffragans and their Successors for ever And it is reported of him That being present when a famous Orator made a most eloquent Speech to the King his Majesty asked the Archbishop How he liked the Oration The good old Man replied That he saw no other Fault in it but Flattery As God shall love me quoth the King That is the very Fault I my self espied The King by advice of the Lord Lieutenant resolved to pardon those great Men that had been concerned with Perkin Warbeck lest Despair might induce
days But go too suppose he never be had What is Kildare to blame for it more than my good Brother of Ossory who notwithstanding his high Promises having also the Kings Power is yet content to bring him in at leisure Cannot the Earl of Desmond shift but I must be of Council Cannot he hide him except I wink If he be close am I his Mate If he be befriended am I a Traytor This is a doughty kind of Accusation which they urge against me wherein they are gravell'd and mir'd at my first denial You would not see him say they Who made them so familiar with mine Eye-sight Or when was the Earl within my view Or who stood by when I let him slip Or where are the Tokens of my wilful Hoodwink But you sent him word to beware of you Who was the Messenger Where are the Letters Convince my Negatives see how loose this idle Gear hangeth together Desmond is not taken well you are in fault Why Because you are Who proveth it No body What Conjectures So it seemeth To whom To your Enemies Who told it them They will swear it What other Ground None Will they swear it my Lord Why then of like they know it either they have my hand to shew or can bring forth the Messenger or were present at a Conference or privy to Desmond or some body bewrayed it to them or they themselves were my Carriers or Vicegerents therein Which of these Parts will they chuse For I know them too well To reckon my self convict by their bare Words or heedless Sayings or frantick Oaths were but meer Mockery My Letters were soon read were any such Writing extant my Servants and Friends are ready to be sifted Of my Cozen Desmond they may lie loudly since no man here can well contrary them Touching my self I never noted in them so much Wit or so fast Faith that I would have gaged on their silence the Life of a good Hound much less mine own I doubt not may it please your Honours to oppose them how they came to the knowledge of these Matters which they are so ready to depose but you shall find their Tongues chained to another mans Trencher and as it were Knights of the Post suborn'd to say swear and stare the utmost they can as those that pass not what they say nor with what face they say it so they say no truth But on the other side it grieveth me That your good Grace whom I take to be wise and sharp and who of your blessed disposition wisheth me well should be so far gone in crediting these corrupt Informers that abuse the ignorance of your State and Countrey to my peril Little know you my Lord how necessary it is not only for the Governor but also for every Nobleman in Ireland to hamper the uncivil Neighbors at discretion wherein if they waited for Process of Law and had not those Lives and Lands you speak of within their reach they might hap to lose their own Lives and Lands without Law You hear of a Case as it were in a Dream and feel not the smart that vexeth us In England there is not a mean Subject that dare extend his hand to fillip a Peer of the Realm In Ireland except the Lord have Cunning to his Strength and Strength to save his Crown and sufficient Authority to take Thieves and Varlets when they stir he shall find them swarm so fast that it will be too late to call for Justice If you will have our Service take effect you must not tie us always to those judicial Proceedings wherewith your Realm thanked be God is inured Touching my Kingdom I know not what your Lordship should mean thereby If your Grace imagine that a Kingdom consisteth in serving God in obeying the Prince in governing with Love the Commonwealth in supporting Subjects in suppressing Rebels in executing Justice in bridling blind Affections I would be willing to be invested with so Vertuous and Royal a Name but if therefore you term me a King in that you are perswaded that I repine at the Government of my Sovereign or wink at Malefactors or oppress civil Livers I utterly disclaim that odious Term marvelling greatly that one of your Graces profound Wisdom would seem to appropriate so sacred a Name to so wicked a thing But howsoever it be my Lord I would you and I had changed Kingdoms but for one Month I would trust to gather up more Crumbs in that space than twice the Revenues of my poor Earldom But you are well and warm and so hold you and upbraid not me with such an odious Term. I slumber in a hard Cabin when you sleep in a soft Bed of Down I serve under the King's Cope of Heaven when you are served under a Canopy I drink Water out of my Skull when you drink Wine out of Golden Cups my Courser is train'd to the Field when your Jennet is taught to Amble when you are Graced and Belorded and Crouched and Kneeled unto then find I small Grace with our Irish Borderers except I cut them off by the Knees Hereupon the Cardinal finding that Kildare was no Fool adjourned the Cause till farther Proof could be produced however being fretted at this Speech he remanded the Earl to the Tower contrary to the Opinion of most of the Council Speed 775. it seems he was afterwards Bayl'd on the Recognizance of the Duke of Norfolk and was again imprisoned upon some Light the Cardinal had gotten of the Message to O Neal and O Connor which Kildare had sent by his Daughter the Lady Slane It is reported That whilst the Earl and the Lieutenant of the Tower were at Play together at Slide-groat a Mandate was sent by the Cardinal to execute Kildare the next day Whereupon he changing Countenance the Earl swore by S. Bride That there was some mad Game in that Scroll but fall how it will this Throw is for a huddle says he Speed 775. And being told of the Contents of the Letter he desired the Lieutenant to know the King's Pleasure therein which he did and the King was surpriz'd at the thing for he knew nothing of it and to controll the Sawciness of the Priest as he phrased it gave the Lieutenant his Signet for a Countermand whereat the Cardinal stormed But it seems to me that this Story is a meer Fiction because I find not one Word of Kildare's Trial and it is not credible that they would execute a Man of his Quality before he was legally Tried and Condemned Afterwards this Earl was again enlarged out of Prison on very considerable Bayl viz. the Marchioness Dowager of Dorset Ware 119. the Marquess of Dorset the Lords Fitz-Walter and Mountjoy the Bishop of S. Asaph Richard Lord Grey John Lord Grey Leonard Lord Grey Sir Henry Gilford Sir John Zouch and John Abbot of Vale-Royal and was not long after restored to the King's Favour When the Earl of Kildare went to England
incamped in Thomond and immediately sent the young Earl to take possession of the Country which he did and Daniel who was so brave a man that many of the old and new Irish courted him to be King of Ireland was forced to lie that tempestuous Night in a Cabbin but when according to the Irish fashion he thought to lead his Horse to stable in the same House with himself the proud Beast scorned to stoop until the Foot-boy whispered the Horse in the Ear and told him that his Master O Bryan would lodge that Night in that Cabbin Sullevan 80. and desired that he would lower his Crest and his Crupper and creep into the House to keep his Master company ut tu quoque equus suus capite dorso demisso inclinato Tygurium introeas and the Horse being well bred did very civilly comply in Matters of Ceremony but when he came to Supper he was at a loss for he was used to feed on Wheat and could not conform to Countryâ—entertainment until the Foot-boy whispered him once more that his Master O Bryan who fed on Oaten Cake did command Rosinante to be contented with the same Fare O Bryan Dominus tuus qui hac nocte Avenaceum panem comedit imperat ut tu quoque Avena vescaris and then he fell to it But to return Charles O Carol who had murdered Teig O Carol was himself murdered by William O Dar O Carol who thereupon took possession of that Signiory and held it for four years The Earl of Kildare and the Baron of Delvin at the request of Shane O Neal went into Vlster to aid him against Fylemy Roe O Neal they did no great Exploits but took a few Preys with the Loss of fifty of their own Men but a little after there was a smart Conflict between the Earl of Tyrone and Hugh Mac Neal of Clandeboy wherein the Earl was beaten and lost three hundred Men besides Prisoners In October Lib. CCC Sir William Fitz-Williams Sir John Allen and Valentine Brown were sent over Commissioners to assist the Lord Deputy in managing the Crown-Lands and afterwards in Queen Elizabeths Reign this Brown being a Protestant much employed by the Queen wrote a notable Tract for the Reformation of Ireland which I have seen and is to be found at Lambeth wherin there is nothing blame-worthy saving that he advises the extirpation of the Irish Papists and particularly of the Fitz-Giralds and therefore certainly did not foresee that his own Heir would degenerate into an Irish Papist and ungratefully oppose that English Interest upon which his own Estate is founded It is said That the Spaniards agreed to pay two thousand pound per annum for one and twenty years for leave to Fish on the Irish Coast but it seems there are no such Accounts in the Exchequer And now we are got there we ought to remember the Clerk of the Pipe Walter Hussy who died about this time at the Age of an hundred and seven years Bryan O Connor obtain'd so much Favour with the Queen that he had leave to come for Ireland Ware 211. and nevertheless to retain his Pension in England but he was not long at home before he was arrested upon Suspicion of new Combinations and imprisoned in the Castle of Dublin from whence he was not enlarged before he gave his Son Rotherick Hostage for his good Behaviour The Year 1555 1555. began with the Restoration of St. Patrick's Church in Dublin and Thomas Levereuse was made Dean thereof and held it in Commendam with the Bishoprick of Kildare And on the third of July Sir William Fitz-Williams was made Keeper of the Great Seal until the thirteenth of September Hugh Curvin who was Consecrated Archbishop of Dublin the Week before was made Lord Chancellor In Vlster the Scots Islanders besieged Carrigfergas in vain but Calvagh O Donel with another Party of Scots under Gilaspick Maccaline invaded Tirconel and took his own Father Prisoner at Rosragh and kept him in restraint till his Death he also took and demolished the new Castle of Inisowen and the Castle of Enagh and in the middle of May the next year he sent back his Auxiliary Scots Another Party of the Scots kill'd Hugh Mac Neal of Claneboy in a Skirmish whereupon that Territory was on the fifteenth of September divided by the Lord Deputy and Council between Fylemy Duff O Neal and the Sons of Fylemy Buckagh In May the Cavenaughs and their Complices invaded the North Part of the County of Dublin but the Citizens of Dublin with the Slaughter of many of the Rebels drove one hundred and forty to Powerscourt-Castle 1556. which they pretended to defend but upon the appearance of Sir George Stanly with Supplies they surrendred at Mercy and seventy four of them were hanged at Dublin and the rest were pardoned But the Lord Deputy's Enemies suggested at Court That he had formerly made some Rhymes ridiculing Transubstantiation and thereupon for that or for some other Reason he was soon after recalled and Thomas Ratcliff Lord Fitz-Walter Lord Deputy arrived on Whitsunday and on Tuesday after took the usual Oath at the Altar in Christ-Church on a Mass-book and Saintleger on his Knees surrendred the Sword and the Lord Deputy continued kneeling until Te Deum was sung He brought over with him Sir Henry Sydny Vice-Treasurer and twenty five thousand Pound in Money to provide against the Scots Islanders and the Irish Rebels The Instructions to the Lord Deputy and Council begin at the top Mary the Queen although she was married long before that to King Philip Lib. SSS 53. and the first Article is by their Example and all good means possible to advance the Honour of God and the Catholick Faith to set forth the Honour and Dignity of the Pope's Holiness and See Apostolick of Rome and from time to time to be ready with their Aid and Secular Force at the Request of all Spiritual Ministers and Ordinaries there to punish and repress all Hereticks and Lollards and their damnable Sects Opinions and Errors and to assist the Commissioners of the Legate Cardinal Poole which he designed to send into Ireland to visit the Clergy On the first Day of July the Lord Deputy marched to Vlster against the Scots Ware 216. and on the eighteenth of the same Month he defeated them with the slaughter of two hundred of them Sir Henry Sydny killed James Mac Connel with his own Hand and the Earl of Ormond and Sir John Stanly behaved themselves exceeding well and so the Lord Deputy having left Necessaries at Knockfergus and Stanly the Marshal Governour of Vlster returned to Dublin and not long after made a Journey to Munster where he received many English and Irish to Mercy Hereupon Shane O Neal came to the Lord Deputy to Kilmainham upon a Promise of Protection and made his humble Submission But since that time frequent Experience has convinced the Government That Protections have always
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
was not to be given to Irish or Scots The Earl was to be Captain-General for seven years and was to plant his Part as well as the Queen should hers until there should be a thousand English Inhabitants on each Moyety And so being made Earl-Marshal of Ireland he set about the necessary Preparations for his Irish Voyage and to that end borrowed ten thousand Pounds of the Queen on a Mortgage of his Lands in Essex But the Lord Deputy being unwilling to have any body independent on him in that Kingdom especially so great a man cloathed with such a large Authority and accompanied with such considerable Forces gave all the opposition he could to this Noble Undertaking of the Earls until at length this Medium was found out That the Earl of Essex should take a Commission from the Lord Deputy to be Governor of Vlster wherewith both Parties were satisfied or at least they acquiesced in the Expedient In the mean time Mr. Edward Tremain was sent over to the Lord Deputy 1. To know why he desired so earnestly to return to England Lib. c. 2. To enquire what was the yearly Charge of that Kingdom what number of Men in Pay and how disposed of when any were disbanded or dead and when their rooms supplied and how many more there be than was appointed in March was twelve-month 3. To know what has been received of the Impost of Wines since Michaelmas last and what is in Arrear and if he could not discover it then to move the Deputy to certifie the Quantum of each 4. To know of the Deputy and Lord President in what state Munster is and how to be preserv'd 5. To know what is done or intended to be done with Desmond and his Brother John and how their Creditors in England shall be paid 6. To enquire how Connaught stands and how the Castles of Athlone and Roscomon are and the condition of the Earl of Thomond and Clanrickard and his Sons 7. To enquire into the Outrage committed against Sir Barnaby Fitz Patrick and the taking away his Wife and Children and how the Offenders are punished and how the Birns and Cavenaghs stand affected 8. To tell the Deputy that the Earl of Essex with two thousand Men will in August next come to inhabit the forfeited Lands in the Glins Routs and Clandeboy that in the mean time the Deputy guard the Frontiers of the Pale that way and Publish that Essex comes to repel the Scots and not to hurt the Irish 9. To tell the Deputy not to raise more Forces but if his Ormond's and Kildare's Forces are not sufficient against the O Mores and Connors to borrow two or three hundred from Essex for that Expedition and pay them 10. To preserve the Corn c. in the Ardes till Essex comes 11. To know why he gave Commission to Sir John Perrot to sell Marul's Ship wherein was Goods of all Nations The English had a very hopeful Prospect of the Earl of Essex's undertaking in Vlster so that many Persons of Quality and abundance of Gentlemen concerned themselves in the Expedition The Lords Darcy and Rich Sir Henry Knowles and four of his Brothers Michael Carves and his Brother John and Henry William and John three Sons of the Lord Norris and many others accompanied the Earl in this Voyage and they Landed together at Carrigfergus in the latter end of August 1573 and assoon as they Landed Bryan Mac Phelimy waited on the Earl and in most submissive manner tendred his Duty to the Queen and his Service to Essex but assoon as he perceived that the Earl's Forces were not so considerable as was reported he presently apostatized and joyned in Rebellion with Turlogh Lynogh About the same time or rather a year sooner Sir Thomas Smith sent his Natural Son together with one Chatterton to make a Plantation in the Ardes Cambd. Eliz. 190. but young Smith was murdered by Neal Bryan Artho who was afterwards killed by Sir Nicholas Malby and so that Design became unsuccessful and the Earl did not speed much better for after the Expence of much Treasure and a years time he returned to England This year the Money sent by the Queen into Ireland Lib. H. since she came to the Crown was computed and it amounted to four hundred and ninety thousand seven hundred and seventy nine Pounds seven shillings and six pence halfpeny and the Revenue of Ireland in the same period of time came to no more than one hundred and twenty thousand Pounds It is reported of Bryan Mac Fylemy that he had thirty thousand Cows besides other Cattel and it is certain that the Lord Rich within a Month after he came to Ireland returned to England on his private Occasions and Henry Knolls was by Sickness forced to do the like and many others upon frivolous Pretences left the Earl of Essex and went back to England Cambd. Eliz. 202. besides his Soldiers were raw and it was late in the Year and his Commission was not yet sent him being purposely delayed by the Deputy so that all these and some other Difficulties concurr'd to make Essex's Expedition unfortunate Nevertheless he took the Castle of Liffer from Con O Doâ—el and in a Skirmish he killed two hundred Irish and took Bryan Mac Fylemy and his Wife and his Brother Rory Oge Prisoners In the mean time 1574. the Earl of Desmond notwithstanding his Oath to be a true Prisoners made his escape out of the Castle of Dublin whereupon the Deputy marched into Munster to prevent new Coâ—â—â—otions and ordered the Earl of Essex to guard the Borders of Vlster which very much hindred his Progress in building Fortifications in Clandeboy however he obeyed and at length the Earl of Desmond was prevailed upon to reconcile himself to the Government Sir Henry Sydny 1575. Lord Deputy arrived on the twelfth of September and was sworn on the eighteenth at Tredagh to which Place he went directly from the Skyrries because the Plague raged in Dublin It is observable of this great and good man that although he did most excellent Service in Ireland yet he was but ill rewarded for it in England and therefore he was with great difficulty prevailed with to accept the Government this seventh and last time for as he expressed himself in his Letter he cursed hated and detested Ireland above all other Countries not that he had any dislike of the Country but that it was most difficult to do any Service there where a Man must struggle with Famine and Fastnesses inaccessible Bogs and light-footed Tories and yet when these and all other Difficulties were surmounted no Service in the world was less reputed valued or requited than that and it is farther remarkable of him that though he was four times Lord Justice and three times Lord Deputy of Ireland yet he never purchased a Foot of Land in that Kingdom The Lord Deputy's Instructions were to find means to pay the Queens Debts if possible
the Lord Dunsany who had a Company of Kernes in the Queens Pay at Liscannon a Fort in the Brenny took a Prey of 1600 Cows from Macmahon but being pursued by 140 Men they left their Prey and ran away to the Fort in this small Skirmish about 50 of each side were slain but never a good Subject amongst them But much better did Sir Henry Dockwra behave himself in Vlster for he not only regain'd the Castle of Derry which some of his Irish Soldiers had betray'd to the Rebels but he also surpriz'd Donegal and tho' O Donel besieg'd it full thirty days using many horrible Howlings and Outcries to terrifie the Garison and altho' the Abby by accident was burnt yet did the English Soldiers manfully defend it until O Donel drew off to the Relief of Kingsale and then Sir Henry marched to Donegal by land and Edward Diggs with two Companies quartered at a place called Asherow had the good fortune to surprize and take Ballyshannon a place very much coveted by the English for the advantage of its situation On the 29th of August the Deputy came to Trim where the Privy-Council from Dublin met him Camb. Eliz. 638. to consult of Affairs in general and particularly how to deal with Tyrrel who projected an Incursion into Munster In September the Lord President receiv'd 2000 fresh Men landed at Waterford and Cork from England and thereof gave account to the Deputy whereupon Mountjoy went to Kilkenny with one Troop only on the 13th of September in order to confer with the President about the Queens Service but the President was then hindred by the noise of the Spanish Invasion but that being cooled again the President leaving Sir Charles Wilmot in Cork met the Lord Deputy at Leighlin on the 19th of September There were Posts newly erected for the more speedy conveying of Intelligence so that on the 22d of September sitting at Council in Kilkenny they received News by the Post that the Spaniards were discover'd near the Old-head of Kingsale and on the 23d another Letter from Sir Charles Wilmot was brought them signifying That they were landed at Kingsale but they were not landed when the Post came away but landed that very day being the 23th of September 1601. Hereupon the Marshal Wingfield was sent to the Pale to assemble those Forces Sept. 24. and to get what Necessaries the Council could supply the Army with and Sir Henry Danvers was sent for the Garrison of Armagh and Sir John Berkly for that of Navan and the Deputy and President rode that night to Kiltenan my Lord of Dunboyn's Castle and the 25th to Clonmel the 26th to Glannor and 27th to Cork where they found a large Magazine of Victuals preserv'd by the President 's fortunate providence against this time of great necessity Captain Slingsby 24. with his Foot-Company and some of Sir Anthony Cook 's Horse march'd to view the Enemy and entertain'd a small Skirmish with them Capt. Flower 28. with some Companies went to view the Enemy who sallied and were beaten back by the English The Deputy 29. President and Council went to view Kingsale Fortescue and Berry brought two Companies to Cork Octob. 3. The Marshal and Sir John Barkly came to Cork with more Forces 8. Danvers 10. Folliot and Blany also came and the Marshal and Berkly went to view a fit place to encamp in Proclamation against assisting the Invaders 15. and the great Cities sent some Militia to the Army The Deputy encamp'd at Owneboy 16. At Knockrobin 17. Sir John Berkly alarum'd Kingsale 19. and beat the Spaniards into their Trenches A Sally of 1000 Spaniards repell'd by 200 English 20. The Lord of Muskry and his rising on 't 21. was order'd to skirmish with the Spaniards and were effectually assisted from the Camp Capt. Button's Ship keeps the Harbour of Kingsale 22. Sir John Berkly made a successful Attack on the Spaniards 25. and beat them out of their Trenches The Camp remov'd to Spittle-hill 26. and Capt. Harvy went eight miles about over the River of Bandon and recovered a Prey from under Castlenipark The Artillery was mounted against Rincorran-Castle 29. the Spaniards attempted to relieve it by Sea but were hindred by Capt. Button's Ship The Spaniards mounted Artillery 30. which played into the Camp and did some mischief in the Lord Deputy's Quarter The Spaniards attempted with 500 men to relieve Rincorran 31. but could not though they entertain'd a smart Skirmish with the English The Castle of Rincoran was surrendered Nov. 1. Four Barks with Ammunition Victuals arrived for the English at Kingsale 5. The President with two Regiments of Foot 7. and 250 Horse march'd to intercept Tyrone he afterwards met with Saint Laurence's Regiment and tho' he was once within four miles of the Irish yet they marching 32 miles in one day were too nimble for him so that he could never engage them The President had Notice â— that the Lord of Muskry had undertaken to Don John that he would send him the President alive or dead and that all the Irish being half the Army would turn Renagadoes when a fit opportunity presented Yet he manag'd this matter so wisely that neither of them found opportunity of executing their devilish Designs The Spaniards made a resolute Sally Nov. 10. and were beaten back with loss Sir Anthony Cook 11. and Patrick Atthur landed with 2000 Foot at Waterford and some Horse Levison and Preston with 10 Ships of War 12. and 2000 Foot arrived at Cork They came into Kingsale Harbour 14. The English attempted Castlenipark ineffectually 17. Earl of Thomond with 100 Horse 18. and 1000 Foot arrived at Kingsale Harbour Castlenipark surrendred 20. and Don John's House shot thorough The Deputy went to Castlenipark 21. Four Men in the Market-place slain by the Artillery from the Camp 22. The Artillery plaid on the Town 23. and more Guns were planted at Castlenipark Also the Ships came between Castlenipark and the Town Earl of Clanrickard and his Regiment came to the Camp 25 26 And So did the President And the Spaniards made an ineffectual Sally Spent in playing the Artillery 27. Kingsale was summon'd And St. Lawrence beat the Spaniards out of their Trenches 28. The Artillery plaid with success 29. The Marshal viewed the Town 30. to find a place of Battery and made a Breach Berkly with 2000 Foot sent to view whether the Breach was assaultable Decemb. 1. and found that it was not That Night a Camp was planted near the Town on the West side of it Nine English killed ten Spaniards in the Trenches 2. and that Night the Spaniards made a furious Sally on the new Camp but were repulsed with the loss of 200 Men. News of a supply of Spaniards landed at Castlehaven 3. Sir Charles Wilmot and his Regiment
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
House of Commons consisted of Two hundred thirty two Members whereof about Six were absent so that of sitting Members One hundred twenty five were Protestants and 〈◊〉 were Pâ—pists But the List of the Commons being called over by the Clerk of the Crown No others but such as were return'd as aforesaid were suffered to enter the House of Lords to hear the Lord Chancellors Speech but that being ended the Commons were ordered to their own House to chuse a Speaker whom they were to Present to the Lord Deputy the Friday following and the Lord Deputy told them that the King had recommended a Speaker to them one his Lordship thought beyond exception and should be named to them by some of the Privy Council when they should come to their House And accordingly the House being sate Sir Thomas Ridgway Vice-Treasurer and Treasurer at Wars made a storid Speech and in the end proposed Sir John Davis for their Speaker and that he was the Man the King and Deputy thought fittest for that Office which was answered with a great Acclamation of Consent Hereupon Sir James Gough stept out disorderly into the midst of the House and offered to make a Speech there but being ordered by the House to go back to his place and speak there he did so and then stragling from the Matter in question which was the Choice of a Speaker he alledged that the new Corporations had no Right to chuse nor could any Body not resident or inhabiting in any Corporation be chosen Citizen or Burgess of it and therefore desir'd that Matter might be examined but concluded nothing as to the Speaker till being demanded for whom he gave his Voice He answered for Sir John Everard late one of the Judges of the Kings-Bench but being an obstinate Recusant was by his Majesties special Orders removed Gough was seconded by Sir Christopher Nugent and William Talbot late Recorder of Dublin who moved to the same Effect that the House should he first purged of illegal Members before they proceeded to the Choice of a Speaker Sir Oliver Saint John Master of the Ordnance reply'd That he knew by experience in sundry Parliaments in England that the Course and Usage was first to chuse a Speaker and then to settle Committees and examine Elections and that in their proper Season all Disputes about Elections or returns should be decided according to 〈◊〉 and to the Satisfaction of all good Men and concluded in 〈◊〉 of Davis and gave his Vote for him Hereupon the House was in a confusion Some crying Davis others 〈◊〉 but this noise being over Sir Oliver Saint John said It was the Usage of Parliament to decide Controversies by Questions and Questions by Votes that the Affirmative party usually 〈◊〉 out of the House and the Negative staid behind and so he 〈…〉 were for Sir John Davis to follow him out 〈…〉 to the number of One hundred twenty five The Treasurer and Marshal 〈…〉 Sir Christopher 〈◊〉 and Sir Christopher Nugent to joyn with them in numbering each Party on the contrary those in the House gathered themselves into a 〈◊〉 that so they could 〈…〉 however the whole number of the House 〈…〉 Two hundred thirty two where of Six were absent it was manifest that Sir John Davis had the Major Vote the Papists knowing this thourght to gain their point by a Trick and therefore whilst the Protestants were numbering without the Papists within that the Door and pretending themselves because Actually fitting in the House to be the House of 〈◊〉 they unanimously chose 〈◊〉 and 〈…〉 The Protestants being return'd 〈…〉 contemptuous Proceeding and declar'd the Election of Davis and desir'd 〈◊〉 to leave the Chair but 〈…〉 still and thereupon Sir Oliver Saint John told him that if he would not come out they should be oblig'd to pull him out and accordingly the Treasurer and Marshal did take Davis and fet him in the Chair on Everand's Lap but Everard continued obstinate and therefore the Treasurer Master of Ordnance and others did gently remove him and did place Davis in the Chair altho Sir Daniel O Brian and Sir William Bank endeavored to keep him in Hereupon all the Papists departed the House into an outward Room for the outer Door was shut by Orders of the House on their first sitting and Sir John Bleverhasset and Sergeant Beer being sent to them to desire their return to the House were answered that they would not return but would appeal to the Lord Deputy then Mr. Treasurer and Sir Henry Power went to them again and Mr. Talbot in the Name of the rest told them That those within the House were No House nor their Speaker No Speaker but that They were the House and Sir John Everard their Speaker and they would complain to the Lord Deputy and the King After this Sir John Davis began his Speech to excuse himself c. but Sir William 〈◊〉 and Sir Christopher Nugent interrupted him and rudely rushed in to call for the Keys of the outer Door and being ordered to take their Places they refused and contempruously went out again and the outer Door being opened all the Papists went out and protested they would return to the House no more On Friday after the House sat to the number of 130 whereof 14 Privy Counsellors and the Lord-Deputy sent for Mr. Marshal and the Master of the Ordnance and told them That William Talbot had been with his Lordship and receiv'd Commands that the Papists should return to the House and that Talbot had desir'd an hours time to return an Answer and that his Lordship had given time till Three in the Afternoon and therefore desir'd that the Commons would send their Sergeant at Arms to summon the Recusants to be at the House at that time but the House refused to send their Sergeant at Arms because the Recusants had appeal'd to the Deputy so they rose and met again at Three a Clock but no Papists came near them and therefore they went by themselves to the Deputy and presented their Speaker and being ask'd whether they were the greater number of the House and unanimous in the Election They answered in the Affirmative so their Speaker having made the usual Speech was approved of and then he made an excellent Discourse about Parliaments in general and This in particular and then the Commons went to their own House and adjourned to the next day In the mean time on the 19th of May the Popish Lords wrote a Letter to the King full of Complaints of the strange and preposterous Proceedings as they term'd it about the Speaker they express'd their Passions with moving Epithits stiling their Sedition Pins dolor and Justa-Iracundia they did not vouchsafe to give the Parliament that Name but called that Assembly An intended Action they also called the New Burroughs Titulâ— sine re and sigmenta sine rebus nor did they spare to reffect on the Persons of some of the new Burgesses of the new Corporations and
for Sir William Saintleger to be Lord President of Munster And on the Fifteenth of March he ordered the Vice-Treasurer to pay what the Lord Deputy and Eight Privy-Counsellors should think fit for the Charges of the Lord Deputy's Progress On the Ninth of May 1627. upon Complaint of the Lord Courcy That Sir Dominick Sarsfeild had obtained the Title of Viscount Kinsale it was referred to the Lord president of the Council the Steward of the Houshold Earl of Totness Viscount Grandison and Chancellor of the Dutchy who report That the Lord Courcy and his Ancestors were Lords Courcy and Barons of Kinsale and Ringrone And thereupon the Defendant endeavor'd to carry the Barony to another Line and also alledged an Attainder but made out neither and then he propos'd That both Titles were consistent one to be Baron and the other to be Viscount of Kinsale But that being not thought convenient his Majesty orders That Sir Dominick quit the Title of Kinsale but retain the Name and Precedency of Viscount Sarsfeild and chuse some other Place to denominate his Honour and afterwards he did so and was created Viscount Killmallock And on the 24th of July the King orders That Nathaniel Catlin his second Serjeant at Law should have Precedence of the Attorney-General and Sollicitor-General and in February following his Majesty likewise gave Orders to make a new Examinator for the Court of Chancery there being but one Examinator in that Court before that time But in order to make the Papists the more willing to bear the great Charge of the Army and to consent to a constant Tax for its Support certain Propositions were set on foot in their favour viz. to suspend all Proceedings against them for Marriages and Christnings by Priests and to give them liberty of Suing out Liveries and Ouster le mains without taking the Oath of Supremacy with design to introduce a more Publick Toleration of Religion for which a good Sum of Money should be paid to his Majesty to maintain the Army to which end a Great Assembly of the Nation was Convok'd by the Lord Deputy But the Protestant Archbishops and Bishops abhorring this gross and scandalous Proposal did on the 26th day of November 1626. at the Lord Primate's House unanimously vote and subscribe the following Protestation viz. The Judgment of divers of the Archbishops and Bishops of Ireland Life of Archb. concerning Toleration of Religion Vsher 28. THe Religion of the Papists is Superstitious and Idolatrous their Faith and Doctrine Erroneous and Heretical their Church in respect of both Apostatical To give them therefore a Toleration or to consent that they may freely exercise their Religion and profess their Faith and Doctrine is a grievous Sin and that in two Respects For First It is to make our selves accessory not only to their Superstitions Idolatries and Heresies and in a word to all the Abominations of Popery but also which is a Consequent of the former to the Perdition of the seduced People which perish in the Deluge of the Catholick Apostacy Secondly To grant them a Toleration in respect of any Money to be given or Contribution to be made by them is to set Religion to sale and with it the Souls of the People whom Christ our Saviour hath redeemed with his most precious Blood And as it is a great Sin so it is also a Matter of most dangerous consequence the Consideration whereof we commit to the Wise and Judicious beseeching the God of Truth to make them who are in Authority zealous of God's Glory and of the Advancement of True Religion zealous resolute and couragious against all Popery Superstition and Idolatry Amen Ja. Armachanus Mal. Casellen Anth. Medensis Tho. Ferns Leghlin Ro. Dunensis Georg. Derensis Richard Cork c. Andr. Alachadens Tho. Kilmore Ardagh Theo. Dromore Mic. Waterford Lismore Fra. Limerick This zealous Protestation of the Bishops against Popery which Downham Bishop of Derry read to the State in the midst of his Sermon at Christchurch on the 23th day of April 1627. drew on a Remonstrance from the House of Commons in England to his Majesty to this effect That the Popish Religion was publickly profest in every Part of Ireland and that Monasteries and Nunneries were thsre newly erected and replenished with Votaries of both Sexes which would be of evil Consequence unless seasonably repress'd These two extraordinary Actions put a stop to any farther Endeavors for the publick Exercise of Popery at that time Nevertheless because the Irish Agents in England did consent to the payment of 120000 l. in three Year it was thought reasonable that the King should signifie his Gracious Acceptance thereof by conferring some extraordinary Favours on the Agents and Contributors And therefore the King did on the 24th day of May not only grant them the following Graces which were transmitted to Ireland by way of Instructions to the Lord Deputy and Council but also sent with it a Letter recommending the Lord of Killeen and the Lord Poer and the rest of the Irish Agents to the Lord Deputy's Favour desiring that he would order such Moneys to be paid them by the Country as they were promis'd for their Agency and that he should issue necessary Warrants and Directions for levying the same Instructions to be observed by Our Right Trusty and Well-beloved Cousin and Counsellor Henry Lord Viscount Falkland Our Deputy-General of Our-Realm of Ireland and by Our Council there and by the Deputy or other Chief Governor or Governors and Council there which hereafter for the time shall be and by all other Our Officers and Ministers whom it may severally or respectively concern I. AT the humble Requests presented unto Us on the behalf of Our Subjects of Ireland upon mature Consideration had thereof and by the Advice of Our Privy-Council We are graciously pleased in the first place to order and direct for the better Preservation and Ease of our said Subjects that Our Soldiers there be called in and limited to the most Serviceable Garrisons and that they be not called from thence upon any Pretence but against the Enemy or Rebel that makes Head II. For the Collection of Our Rents in case of Default That first a Summons Process shall issue Secondly That a Purâ—uivant be sent and Lastly If this be not sufficient in case the Sum be of value that then Our Vice-Treasurer by Warrant from Our Deputy and Council shall appoint a competent Number of Soldiers of the next adjoyning Garison to collect Our said Rents at the Charge of the Parties complained of having care that any Man be not burdened with a greater number of Soldiers than the Service shall necessarily require III. And when Necessity requires the Marching of Our said Soldiers against the Enemy or Rebel That the Officers imploy'd shall give Ready Money or Ticket to be defalked out of their Entertainment and duly paid into the Country upon demand without taking Money Pawns or Distresses but such Meat and
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
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
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
Great Britain France and Ireland c. for the Treating and Concluding of a Peace in the said Kingdom with His Majesties Humble and Loyal Subjects the Confederate and Roman Catholicks of the said Kingdom of Ireland of the one part and the Right Honourable Donnogh Lord Viscount Muskerry and others Commissioners Deputed and Authorized by the said Confederate Roman Catholick Subjects of the other part and thereupon many Difficulties did arise by occasion whereof sundry matters of great weight and consequence necessarily requisite to be condescended unto by His Majesties said Commissioners for the safety of the said Confederate Roman Catholicks were not hitherto agreed upon which retarded and doth as yet retard the Conclusion of a firm Peace and Settlement in the said Kingdom And whereas the Right Honourable Edward Earl of Glamorgan is intrusted and authorized by His most Excellent Majesty to grant and assure to the said Confederate Catholick Subjects further Grace and Favours which the said Lord Lieutenant did not as yet in that Latitude as they expected grant unto them and the said Earl having seriously considered of all matters and due Cirouâ—istances of the great Affairs now in agitation which is the peace and quiet of the said Kingdom and the importance thereof in order to His Majesties Service and in relation to a Peace and Settlement in His other Kingdoms and here upon the place having seen the Ardent desire of the said Catholicks to assist His Majesty against all that do or shall oppress His Royal Right or Monarchick Government and having discerned the Alacrity and Cheerfulness of the said Catholicks to embrace Honourable conditions of Peace which may preserve their Religion and other just Interests In pursuance therefore of His Majesties Authority under His Highness Signature Royal and Signes bearing Date at Oxon the Twelfth Day of March in the twentieth Year of His Reign Granted unto the said Earl of Glamorgan the Tenure whereof is as followeth Viz. Charles Rex Charles by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To our trusty and right welbeloved Cosen Edward Earl of Glamorgan greeting We reposing great and especial Trust and Confidence in your approved wisdom and fidelity Do by these as firmly as under Our Great Seal to all intents and purposes Authorise and give you Power to treat and conclude with the Confederate Roman Catholicks in Our Kingdom of Ireland if upon necessity any thing be to be condescended unto wherein our Lieutenant cannot so well be seen in as not fit for Vs at the present publickly to own Therefore We charge you to proceed according to this our Warrant with all possible secrecy and for whatsoever you shall engage your self upon such valuable considerations as you in your judgment shall deem fit We promise on the word of a King and a Christian to ratifie and perform the same that shall be granted by you and under your Hand and Seal the said Confederate Catholicks having by their Supplies testified their Zeal to Our Service and this shall be in each particular to you a sufficient Warrant Given at Our Court at Oxford under Our Signet and Royal Signature the 12 th day of March in the 20 th year of Our Reign 1644. To our right trusty and right well-beloved Cosen Edward Earl of Glamorgan It is therefore granted accorded and agreed by and between the said Earl of Glamorgan for and on the behalf of His most Excellent Majesty His Heirs and Successors on the one part and the Right Honourable Richard Lord Viscount Mountgarret Lord President of the Supream Council of the said Confederate Catholicks the said Donogh Lord Viscount Muskerry Alexander mac Donnel and Nicholas Plunket Esquires Sir Robert Talbot Baronet Dermot O Brien John Dillon Patrick Darcy and Geffery Brown Esquires Commissioners in that behalf appointed by the said Confederate Roman Catholick Subject of Ireland for and on the behalf of the said Confederate Roman Catholick Subjects of the other part in manner and form following that is to say 1. IT is granted accorded and agreed by the said Earl for and in the behalf of His most Excellent Majesty His Heirs and Successors That all and every the Professors of the Roman Catholick Religion in the Kingdom of Ireland of whatever estate degree or quality soever he or they be or shall be shall for ever more hereafter have and enjoy within the said Kingdom the free and publick use and exercise of the said Roman Catholick Religion and of their respectives function therein 2. It is granted accorded and agreed by the said Earl for and on the behalf of His Majesty His Heirs and Successors That the said Professors of the Roman Catholick Religion shall hold and enjoy all and every the Churches by them enjoyed within this Kingdom or by them possessed at any time since the Twenty Third of October 1641 and all other Churches in the said Kingdom other than such as are now actually enjoyed by His Majesties Protestant Subjects 3. It is granted accorded and agreed by the said Earl for and in the behalf of His most Excellent Majesty His Heirs and Successors That all and every the Roman Catholick Subjects of Ireland of what estate condition degree or quality soever shall be free and exempted from the Jurisdiction of the Protestant Clergy and every of them and that the Roman Catholick Clergy of this Kingdom shall not be punished troubled or molested for the exercise of their Jurisdiction over their respective Catholick Flocks in matters Spiritual and Ecclesiastical 4. It is further granted accorded and agreed by the said Earl for and on the behalf of His most Excellent Majesty His Heirs and Successors that an Act shall be passed in the next Parliament to be holden in this Kingdom the tenour and purport whereof shall be as followeth Viz. An Act for the Relief of His Majesties Catholick Subjects of His Highnesses Kingdom of Ireland Whereas by an Act made in Parliament held in Dublin the Second Year of the Reign of the late Queen Elizabeth Intituled An Act restoring to the Crown the ancient Jurisdiction over the State Ecclesiastical and Spiritual and abolishing all Foreign Power repugnant to the same And by one other Statue made in the said last mentioned Parliament Intituled An Act for the Vniformity of Common-Prayer and Service in the Church and the Administration of the Sacrament Sundry Mulcts Penalties Restraints and Incapacities are and have been laid upon the Professors of the Roman Catholick Religion in this Kingdom in for and concerning the use profession and exercise of their Religion and their Function therein to the great prejudice trouble and disquiet of the Roman Catholicks in their Liberties and Estates and a general disturbance of the whole Kingdom For remedy whereof and for the better setling increase and continuance of the Peace Unity and Tranquility of this Kingdom of Ireland His Majesty at the humble suit and request of the Lords and Commons
in this present Parliament assembled is graciously pleased that it may be Enacted And be it Enacted by the King 's most Excellent Majesty the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by Authority of the same That from and after the First day of this Session of Parliament it shall and may be lawful to and for all the Professors of the Roman Catholick Religion of what degree condition or quality to have use and enjoy the free and publick exercise and profession of the said Roman Catholick Religion and of their several and respective functions therein without incurring any Mulct or Penalty whatsoever or being subject to any restraint or incapacity concerning the same any Article or Clause Sentence or Provision in the said last mentioned Acts of Parliament or in any other Act or Acts of Parliament Ordinances Law or usage to the contrary or in any wise notwithstanding And be it also further Enacted That neither the said Statutes or any other Statute Acts or Ordinances hereafter made in Your Majesties Reign or in the Reign of any of Your Highnesses most Noble Progenitors or Ancestors and now of Force in this Kingdom nor all nor any Branch Article Clause and Sentence in them or any of them contained or specified shall be of force or validity in this Realm to extend to be construed or adjudged to extend in any wise to inquiet prejudice vex or molest the Professors of the said Roman Catholick Religion in their Persons Lands Hereditaments or Goods or any thing matter or cause whatsoever touching and concerning the free and publick use exercise and enjoyings of their said Religion function and profession And be it also further Enacted and Declared by the Authority aforesaid That Your Majesties Roman Catholick Subjects in the said Realm of Ireland from the first day of this Session of Parliament shall be and be taken deemed and adjudged capable of all Offices of Trust and Advancement Places Degrees and Dignities and perferment whatsoever within your said Realm of Ireland Any Acts Statutes Vsage or Law to the contrary notwithstanding And that other Acts shall be passed in the said Parliament according to the tenour of such Agreement or Concessions as herein are expressed and that in the mean time the said Roman Catholick Subjects and every of them shall enjoy the full benefit freedom and advantage of the said Agreement and Concessions and of every of them 5. It is Accorded Granted and Agreed by the said Earl for and in the bâ—â—â—lf of His Majesty His Heirs and Successors That his Excellency the Lord Marques of Ormond Lord Lieutenant of Ireland or any other or others Authorized or to be Authorized by His Majesty shall not disturb the professors of the Roman Catholick Religion in their present possession and continuance of the profession of their said Churches Jurisdiction or any other the matters aforesaid in these Articles agreed and condescended unto by the said Earl until His Majesties pleasure be signified for confirming and publishing the Grants and Agreements hereby Articled for and Condescended unto by the said Earl 6. And the said Earl of Glamorgan doth hereby engage His Majesty's Royal Word and Publick Faith unto all and singular the professors of the said Roman Catholick Religion within the said Kingdom of Ireland for the due observance and performance of all and every the Articles Grants and Clauses therein contained and the Concessions herein mentioned to be performed to them 7. It is Accorded and Argeed That the said publick Faith of the Kingdom shall be ingaged unto the said Earl by the said Commissioners of the said Confederate Catholicks for sending Ten thousand men to serve His Majesty by order and publick Declaration of the General Assembly now sitting And that the Supream Council of the said Confederate Catholicks shall engage themselves to bring the said number of Men Armed the one half with Musquets and the other half with Pikes unto any Port within this Realm at the Election of the said Earl and at such time as he shall appoint to be by him Shipped and Transported to serve His Majesty in England Wales or Scotland under the Command of the said Earl of Glamorgan as the Lord General of the said Army which Army is to be kept together in one intire Body and all other the Officers and Commanders of the said Army are to be named by the Supream Council of the said Confederate Catholicks or by such others as the General Assembly of the said Confederate Catholicks of this Kingdom shall intrust therewith In witness whereof the Parties to these Presents have hereunto interchangeably put their Hands and Seals the 25 th day of August 1645. Glamorgan Signed Sealed and Delivered in the Presence of John Somerset Jeffery Barron Robert Barry Articles of Agreement made and concluded upon by and between the Right Honourable Edward Earl of Glamorgan and in pursuance and by vertue of His Majesty's Authority under His Signet and Royal Signature bearing Date at Oxford the Twelfth day of March in the Twentieth Year of His Reign for and on the behalf of His Most Excellent Majesty of the one part and the Right Honourable Richard Lord Viscount Mountgarret Lord President of the Supream Council of the Confederate Catholicks of Ireland Donnogh Lord Viscount Muskerry Alex. M. Donnell and Nicholas Plunket Esquires Sir Robert Talbot Baronet Dermot O Brien John Dillon Patrick Darcy and Jeffery Browne Esquires for and on the behalf of His Majesty's Roman Catholick Subjects and the Catholick Clergy of Ireland of the other part 1. THE said Earl doth Grant Conclude and Agree on the behalf of His Majesty His Heirs and Successors to and with the said Richard Lord Viscount Mountgarret Donnogh Lord Viscount Muskerry Alex. Mac Donnell and Nicholas Plunket Esquires Sir Robert Talbot Baronet Dermot O Brien John Dillon Patrick Darcy and Jeffery Browne Esquires That the Roman Catholick Clergy of the said Kingdom shall and may from henceforth for ever hold and enjoy all such Lands Tenements Tyths and Hereâ—itaments whatsoever by them respectively enjoyed within this Kingdom or by them possessed at any time since the Three and twentieth of October 1641. And all other such Lands Tenements Tyths and Hereditaments belonging to the Clergy within this Kingdom other than such as are actually enjoyed by His Majesty's Protestant Clergy 2. It is Granted Concluded and Agreed on by the said Richard Lord Viscount Mountgarret c. on the behalf of the Confederate Roman Catholicks of Ireland that Two parts in Three parts to be divided of all the said Lands Tyths and Hereditaments whatsoever mentioned in the precedent Articles shall for Three Years next ensuing the Feast of Easter which shall be in the Year of our Lord God 1646. be disposed of and converted for and to the Use of His Majesty's Forces employed or to be employed in His Service and the other Third part to the Use of the said Clergy resepectively and so the like
disposition to be renewed from Three Years to Three Years by the said Clergy during the Wars 3. It is Accorded and Agreed by the said Earl of Galmorgan for and in the behalf of His Majesty His Heirs and Successors that his Excellency the Lord Marquess of Ormond Lord Lieutenant of Ireland or any other or others Authorized or to be Authorized by His Majsty shall not disturb the Professors of the Roman Catholick Religion in their present Possession of their Churches Lands Tenements Tyths Hereditaments Jurisdiction or any other the matters aforesaid in these Articles agreed and condescended to by the said Earl until His Majesty's pleasure be signified for confirming and publishing the Grants herein Articled for and condescended unto by the said Earl 4. It is Accorded Granted and Agreed by the said Earl for and in the behalf of His Majesty His Heirs and Successors that an Act shall be Passed in the next Parliament to be held in this Kingdom acccording to the Tenour of such Agreements or Concessions as herein are expressed and that in the mean time the said Clergy shall enjoy the full benefit freedom and advantage of the said Agreements and Concessions and every of them And the said Earl of Galmorgan doth hereby engage His Majesty's Royal Word and Publick Faith unto the said Lord Viscount Mountgarret and the rest of the said Commissioners for the due Observance and Performance of all and every the Articles Agreements and Concessions herein contained and mentioned to be performed to the said Roman Catholick Clergy and every of them In Witness whereof the Parties to these Presents have hereunto interchageably put their Hands and Seals the 25 th day of August Anno Dom. 1645. Glamorgan Signed Sealed and Dilivered in the presence of Glamorgan John Summerset Jeffery Barron Robert Barry Whereas in these Articles touching the Clergy Livings the Right Honourable the Earl of Glamorgan is obliged in His Majesty's behalf to secure the Concessions in these Articles by Act of Parliament We holding that manner of securing those Grants as to the Clergy Livings to prove more difficult and prejudicial to His Majesty than by doing thereof and securing those Concessions otherwise as to the said Livings the said Earl undertaking and promising in the behalf of His Majesty His Heirs and Successors as hereby he doth undertake to settle the said Concessions and secure them to the Clergy and their respective Successors in another secure way other than by Parliament at present till a fit opportunity be offered for securing the same do agree and condescend thereunto And this Instrument by his Lordship Signed was before the perfecting thereof intended to that purpose as to the said Livings to which purpose We have mutually Signed this Endorsement And it is further intended that the Catholick Clergy shall not be interrupted by Parliament or otherwise as to the said Livings Contrary to the meaning of these Articles Glamorgan I Edward Earl of Glamorgan do Protest and Swear Faithfully to acquaint the Kings most Excellent Majesty with the proceedings of this Kingdom in Order to His Service and to the indearment of this Nation and punctual performance of what I have as Authoriseed by His Majesty obliged my self to see performed and in default not to permit the Army intrusted into my Charge to adventure it self or any considerable part thereof until Conditions from His Majesty and by His Majesty be performed Glamorgan The Defezance to the Earl of Glamorgan KNOW all Men by these Presents That whereas We the Right Honourable Richard Lord Viscount Mountgarret Donnogh Lord viscount Muskerry Alexander Mac Donnel Nicholas Plunket Esquires Sir Robert Talbot Baronet Dermot O Brien John Dillon Patrick Darcy and Jeffery Brown Esquires appointed by the Confederate Catholicks of Ireland to treat and conclude with the Right Honourable Edward Earl of Glamorgan for and in behalf of His most Excellent Majesty our dread Sovereign King Charles And having treated and concluded with the said Earl of Glamorgan as by the Articles of Agreement to which we have interchangealy set our Hands and Seals more at lage appeareth Yet it is to be understood that by the said Agreement the Right Honourable Edward Earl of Glamorgan doth no way intend to oblige His Excellent Majesty other than he himself shall please after he hath received these Ten thousand Men being a Pledge and Testimony of our Loyalty and Fidelity to His Majesty yet the said Earl of Glamorgan doth Faithfully promise upon his Word and Honour not to acquaint His most Excellent Majesty with this Defesance until his Lordship hath endeavour'd as far as in him lies to induce His Majesty to the granting of the particulars in the said Articles of Agreement but that done according to the Trust we repose in our very good Lord the Earl of Glamorgan We the said Richard Lord Viscount Mountgarret c. and every of Us for and in the behalf of the Confederate Catholicks of Ireland who have intrusted Us do discharge the said Earl of Glamorgan both in Honour and Conscience of any further ingagement to Us herein though His Majesty be not pleased to grant the said Particulars in the Articles of Agreement mentioned and this we are induced to do by the particular Trust and Confidence the said Earl of Glamorgan hath reposed in Us for the draught of the Act of Parliament inserted within the Articles of our Agreement We assuring upon our Words and Honours that it is the most moderate of Three which we brought up for the Assent of the Right Honourable the Lord Marquess of Ormond Lord Lieutenant of Ireland his Excellency and without which we cannot be satisfied and we are also induced hereunto in regard the said Earl of Glamorgan hath given us Assurance upon his Word and Honour and upon a voluntary Oath of his that he would never to any Person whatsoever discover the Defezance in the interim without our consents And in confidence thereof We have hereunto set our Hands and Seals the 26 th day of August Anno Dom. 1645. Glamorgan Signed Sealed and Delivered in the Presence of the Lord John Somerset who knew nothing of the Contents thereof F. Oliver Darcy Peter Bath Appen XXVIII His Majesties Letter about the Earl of Glamorgan's Peace Right Trusty c. We greet you well WE have seen and considered the dispatch directed from you and our Council there to our Trusty and Well-beloved Counsellor Sir Edward Nicholas one of our Privy Council of State concerning the Earl of Glamorgan's Accusation and your Proceedings thereupon and as we could not receive the one without extraordinary amazement that any mans folly and presumption could carry him to such a degree of abusing our trust how little soever so we could not but be very sensible of the great affection and zeal to our service which you have expressed in putting our honour so highly traduced into so speedy and effectual way of Vindication by the proceeding against the said Earl of Glamorgan and though we
and Knowledge and when the Doctors of other Nations had Liberty to return home Ireland soon returned to its former Ignorance so that long before the English Conquest there were hardly any Footsteps of Learning left in that Kingdom and to this Day very few of the Irish aim at any more than a little Latin which every Cow-Boy pretends to and a smattering in Logick which very few of them know the use of As for the Riches of the Irish Nation before the Conquest certainly they were very inconsiderable for tho Sir James Ware mentions That they had a Crown of Gold and Jewels and Gold Rings which may be True though I doubt it because the Irish Kings were never crowned but however that be it is certain their Wealth consisted in Cattle and those none of the best insomuch that even since the Conquest they paid the King's Revenue in Cows for want of Money and yet it may be true that they might have some Money tho' very little brought in by the Oestmen but it is certain they never coyned any themselves And indeed it is impossible they should be Rich since they had little or no Traffick with any other Nation neither had they any Artificers at home that could support a Trade abroad Perhaps they had but few other Kinds of Mechanicks except Weavers Cotners Taylors Broge-makers and Smiths Hats and Sadles came into use but of late and the Irish Carpenters and Masons must not be mentioned Davys 155. since Sir John Davys assures us That the Irish never did so good a thing as to build a City and indeed it is manifest That all the considerable Towns and Piles in the Kingdom were built by Ware 110. others and not by the Irish Dublin Coâ—â— Limerick Wexford and Waterford were built by the Oestmen and Galway was built by the English and is inhabited by Englishmen only to this Day viz. the Burks Frenches Bodkins Lynches Kerevans c. the Castles of Ardfinin Nenagh Lismore Tybrack and Limerick were built by King John Castledermood Castlederwagh Kilkea and Leighlin by the Lacyes Ferns Sligo Traly Geshil Adare Askeaton by the Fitz-Giralds the Grey-Friers at Leighlin Ballymarter Ardtully Lixnaw and Macrome by the Carews Philipstown and Mariburgh by Bellingham Athenry by Birmingham Green-castle Castle carbry Athassel Carlingford Castleconnel Loghreagh and Portumny by the Burks Kilkenny by Ranulph Earl of Chester Castle of Kilkenny by the Earl of Ormond Thomastown by Thomas Fitz-Antony Ross and Caterlogh by Isabel Daughter of Strongbow Carrigfergus was walled by Sir Henry Sydny Lord Deputy Castle Island in Kerry was built by Geofry de Marisco as Tymoleague Castle was by Barret and Trim by William Peppard the Town and Castle of Roscomon and the Towns of Clonmel Youghal Bandon Londonderry Colerâ—in Kingsale Carrik Athy c. were likewise built by the English and so were most of the Abbies and Cathedral Churches as you may read at large in Sir James Ware 's most excellent Treatise de antiquitatibus Hibernia The first Pile of Lime and Stone that ever was in Ireland was the Castle of Tuam built anno 1161 by Rotherick O Connor the Monarch and for the rarity called Castrum Mirificum for when O Morgaire Archbishop of Armagh began to build a Church of Stone such as he had seen beyond Sea the Irish upbraided his Pride and despised the Novelty and laught at his Folly to undertake a Work so much beyond his Ability unde tibi pauperi sumptus ad perficiendum say they but what need more be offered in this Matter than that Taragh was the Seat of the Monarch and the old Head of Kinsale was the Residence of Sovercy King of half Ireland but neither Place has the Ruines of any thing like a Palace nor is the old Head a situation fit for a private Gentleman much less for a Prince Their Building in those Days even of their Castles was no other than Turf or Watles plaistered over Cambrensis c. 11. Nor did Henry II find any thing better in Ireland nor Artificers that could make better As for the Christian Religion it was introduced into Ireland very early and the Testimony of Prosper That Paladius being ordained by Pope Celestine was sent to the Scots believing in Christ does manifest That the Scots i. e. Irish did believe in Christ before Paladius came Bishop of S. Asaph 84 85. And accordingly the Irish Tradition runs That they had Churches formed under Bishops Kiaranus Ailbeus c. before Paladius or S. Patrick and that they founded Bishopricks too at Ossory Lismore Ardmore and Beckerin however it must be allowed Ibid. 51. That S. Patrick who succeeded Palladius was the Person that had the good Fortune to convert the Body of that Nation to Christianity but he was so far from bringing them to Popery that they owned no Jurisdiction the Pope had over them but differed from the usage at Rome both in Tonsure and in celebrating the Feast of Easter and were therefore counted Schismaticks by the Romanists and although at this Day their Religion as my Lord of Orrery words it is something that pins them upon the Pope's Sleve Lord Orrery's answer to P. W. yet in the beginning it was not so but their Religion was pure and Orthodox And the Learned Primate Vsher has sufficiently proved Vsher's Religion of the ancient Irish That for Substance it was the same which the Protestants now proâ—â—â—ss and first he cites Sedulius and Claudius both Irishmen affirming in effect That Scripture is the Rule of Faith and he instances in the Successors of Columkille and in Bishop Aidan That they and their Company spent their time in searching the Scriptures he quotes the Testimony of S. Chrisostome and Bede That they had the Scripture in their Mother-Tongue and he gives you the Opinion of S. Patrick That continual Meditation of Scripture adds Vigour and Vegetation to the Soul and the Saying of Columbus sint tibi divitiae divinae dogmata legis by the Example of Furseus Kilianus and Bitihildis he proves That Children and Women did study the Scriptures and he produces many Instances wherein Sedulius and S. Patrick differed from the Rhemish Translation and the Vulgar Latin and shews That all preferred the Original before any Translation whatsoever As for Apocrypha though it was often cited by them with Reverence and Respect such as was given to the Writings of the Fathers and other good Men yet since they also cited the fourth Book of Esdras in the same manner which the Romanists deny to be Canonical it will follow that this Argument proves nothing or proves too much But to make the Matter more clear he cites Marianus Scotus born in Ireland 1028. and the Author of the Book de Mirabilibus Scripturae who was also an Irishman and they do expresly exclude out of the Canon of Scripture those Books we call Apocrypha In the next Chapter the Primate quotes Sedulius and Claudius for the
the common sort are not only capable but also very apt to learn any thing that is taught them so that I do impute the Ignorance and Barbarity of the Irish meerly to their evil Customs which are so exceeding bad Davis 150. that as Sir John Davys says Whoever use them must needs be Rebels to all good Government and destroy the Commonwealth wherein they live and bring Barbarism and Desolation upon the Richest and most fruitful Land in the World But the Irish Capacities are not to be questioned at this Day since they have managed their Affairs with that dexterity and Courage that they have gotten the whole Kingdom of Ireland into their Possession and by wheedling some and frightning others they have expelled the Body of the English out of that Island However let us not be dismaid for they are but the same People our Ancestors have so often triumphed over and although they are not to be so contemned but that we may expect they will make one good Effort for their Estates and Religion yet we may still depend upon it That their Nature is still the same and not to be so changed but that they will again vail their Bonnets to a victorious English Army AN EPITOME OF S R WILLIAM PETTY'S LARGE SURVEY OF IRELAND Divided into its 4 Provinces 32 Counties and the Counties into Their Several Barronies wherein are Distinguished y e Archbishopricks Bishopricks Citty 's Places that Return Parliament Men. also the Roads Bogs and Bridges By Phillip Lea At the Atlas and Hercules in Cheapside near Fryday Street LONDON The History of IRELAND From The Conquest Thereof By the ENGLISH to this Time By RICHARD COX Esq r Printed For JOSEPH WATTS at y e Angell in S t Pauls Church Yard THE REIGN OF Henry Plantagenet FITZ-EMPRESS Conqueror and Lord of IRELAND HENRY the Second of that Name King of England a Brave and Powerful Prince ambitious of Glory and the Enlargment of his Empire cast his Eye upon Ireland as a Country most easie to subdue and of great Advantage to him when conquered There were not wanting some Learned Men who affirmed The King had very fair Pretences if not good Title to that Island Speed 472. for besides the Conquests which the Kings Arthur and Edgar had formerly made there Spencer's view 33. they alledged That it was by Leave of the British King Gurgunâ—â—s Campion 26 28. and under Stipulations of Tribute that the Irish were first permitted to settle themselves in that Kingdom Besides the first Inhabitants of Ireland were Britains and those People which the Irish Historians call Fir-bolg and Tuah de Danan i. e. Vir Belgus i. e. Populus Dannonius were no other than the Belga and Dannonit Ancient Inhabitants of England To which might be added That Bayon from whence the Irish pretend to come Lib. P. Lambeth 153. was part of the Kings Dominion So that either Way his Majesty was their natural Prince and Sovereign But however that were yet the King had 〈◊〉 cause of War against the Irish because of the Pyracies and Outrages they daily committed against his Subjects and the barbarous Cruelties they exercised on the English whensoever they fell into their Power buying and selling them as Slaves and using Turkish Tyranny over their Bodies Speed 473. so that the Irish themselves afterwards confessed That it was just their Land should be transfer'd to the Nation they had so cruelly handled Wherefore the King as well to revenge those Injuries as to recover that Kingdom put on a Resolution to invade it But first it was necessary to consult the Pope in that Matter because he pretended no less than three Titles to Ireland First the Universal Patent of Pascâ— Oves which by their Interpretation was Synonimous to Rege Mundum Lib. P. Lambeth 48. Secondly the Donation of Constantine the Great whereby the Holy See was entituled to all the Islands of the Ocean Thirdly The Concession of the Irish Ibid. 154. on their Conversion to Christianity by which they granted the Temporal Dominion of their Country unto S. Peter's Chair And tho' the Answers to these Frivolous Pretences were easie and obvious viz. to the First That whatsoever Spiritual Jurisdiction was given by those Words yet our Saviour's Kingdom not being of this World it is certain no Temporal Dominion is granted thereby And to the Second That Constantine had never any Right or Possession in Ireland and therefore could not give to another what he had not himself And to the Third That the Allegation is false and the Popes had never any Temporal Dominion in Ireland but the same remain'd under their own Native Kings and Monarchs But this Forgery is yet more manifest Because the Irish were not converted by any Emissaries from Rome as appears by the Ancient Difference between the Churches of Ireland and Rome in some Baptismal Rites and the Time of celebrating the Feast of Easter Nevertheless the Pope's Licence in those Superstitious Times would create Reputation especially with the Clergy and his Benediction would as they fancied facilitate their Success and therefore it was thought fit That the King should send his Embassador John Salisbury to the Pope 1156. Sullevan 59. who was by Birth an Englishman and by Name Adrian IV. And how fond soever the Holy See doth now pretend to be of Ireland since the English Government and Industry have rendred it considerable 't is certain the Pope so little regarded it at that time when he received but small Obedience and less Profit from it that he was easily prevailed with to issue the following Bull. ADrian the Bishop Hanmer 107. the Servant of the Servants of God to his most dear Son in Christ the Noble King of England sendeth greeting and Apostolick Benediction Your Magnificence hath been very careful and studious how you might enlarge the Church of God here in Earth and encrease the Number of his Saints and Elect in Heaven in that as a good Catholick King you have and do by all means labour and travel to enlarge and increase God's Church by teaching the Ignorant People the True and Christian Religion and in abolishing and rooting up the Weeds of Sin and Wickedness And wherein you have and do crave for your better Furtherance the Help of the Apostolick See wherein more speedily and discreetly you proceed the better Success we hope God will send for all they which of a fervent Zeal and Love in Religion do begin and enterprize any such thing shall no doubt in the End have a Good and Prosperous Success And as for Ireland and all other Islands where Christ is known and the Christian Religion received it is out of all doubt and your Excellency well knoweth they do all appertain and belong to the Right of S. Peter and of the Church of Rome and we are so much the more ready desirous and willing to sow the acceptable Seed of God's Word because we know
if valid are a good Title against Mr. Sullevan and his Abettors I will therefore endeavour to Rescue them from his Objections And as to the first though misinformation or false Suggestion may avoid the Grant of a Prince to his Subjects yet that Rule does not hold between Princes else all Contracts Leagues and Treaties in the World would be avoided on slight Pretences of being misinformed in one Point or other Besides the Pope Alexander III. after some Years Experience and full information of the English Conduct and Proceedings in Ireland gave a new Bull of Confirmation as aforesaid Hanmer 141. And says the Book of Houth he besought the Devil to take all those that gainsaid the Kings Title to Ireland but after all the Suggestions were no other but that the Country was Barbarous and needed Reformation which was so true that the Irish Historians themselves do frequently confess it As to the Second the very Bull mentions That the King shall be their Liege Lord and Sovereign And Henry II was accordingly received as King by the Clergy Nobility and People and both he and his Successors had always the Title of Sovereign Lords and did continually exercise and enjoy Monarchical Authority and Royal Jurisdiction in Ireland Daviâ— 2. 4 Inst 357. under the Name and Stile of Lords And Vrban III granted Power to the King to appoint which of his Sons he pleased King of Ireland Moreover Henry VIII by all the Kingdom in Parliament was acknowledged and declared King of Ireland Which Pope Paul IV considering he officiously erected Ireland into a Kingdom Council of Trent 367. and granted it to Queen Mary that so it might seem as if she derived that Title from him or his Authority which she had before by a better Right As to the Third The Peter-Pence which are but a sort of Proxies propter Beati Petri visitationem and must of Necessity determine with the Jurisdiction of the Visitor which is long since banished out of his Majesties Dominions are mentioned by way of Reservation and not by way of Condition and are to be paid by the People and not by the King And the Reformation of the Irish is proposed by way of Direction and Advice and doth not make the Bull Conditional Besides Conversion is the effect of Grace and the Act of God for which no Man can undertake and therefore such a Condition would be Impossible and Void However the English have heartily endeavoured to Reform that People and to bring that Noble Country into a general Practice of True Religion and Civility and though we do not boast much of our Success hitherto yet now that it is likely better and more effectual Methods will be used than heretofore we do not doubt but that they will produce suitable Effects But I have spent too much time about these paltry Bulls and therefore I will leave them and proceed to the solid and legal Titles which the Crown of England hath to the Kingdom of Ireland and the first is that of Descent from Eva Daughter of Dermond Mac Morough who was actually King of Leinster and whose Ancestors were Monarchs of Ireland The second is by lawful Conquest in a just War The third is by many solemn Oaths Compacts and Submissions of the Princes Nobility Gentry and People of Ireland The fourth is by several Statutes and Acts of Recognition And the last which alone were sufficient is by above five hundred years Prescription But two Things are to be wondred at Isti Reges non fuerunt ordinati solemnitate alicujus Ordinis nec Vnctionis Sacramento nec jure haereditario vel aliqua propâ—ietatis successione sed vi armis quilibet regnum suum obtinuit Davis 16. First That the Irish who never observed the Right of Succession but dethroned and succeeded one another by force as they were able sometimes the Posterity of Hiber sometimes of Herimon and sometimes the Issue of Ithy getting into the Monarchy should yet complain of Force in others or that Rotherick O Connor who drove Dermond out of Leinster should think it unreasonable that Dermond should drive him out of Connaugh assoon as he could The Second is That any body in Ireland should dispute the English Title to that Island after they and their Ancestors for above five hundred years have been born and bred under the Allegiance of the Kings of England But that which is most strange is Burks Butlers Breminghams Barryes Roch Condon Power Fitzgirald c. That four parts in five of the Inhabitants in Ireland are of English Extraction and have setled there since the Conquest and by vertue of it and yet many of them are so blinded with an ignorant Zeal for Popery that they have endeavoured to cut the Bough they stand on and have Associated with Mr. Sullevan and his Complices to destroy the English Government of Ireland and have been frequently in Rebellions to that purpose not without expressing Inveteracy against the English Name and Nation and all for want of duly considering that thereby they made way for their own Extirpation since the old Irish who say the Country was given them by God would if they had power no more endure the first Conquerors than the last Settlement Sale of Ireland nor allow the Title of the Fitzgiralds the Butlers and the Burks any more than that of the Boyles the Coots or the Clotworthyes I must yet continue this Digression to give an Account of the Complaints that are made against the English Government of Ireland and they are these First That the English profan'd the Churches and Sacred Places and instances Philip of Worcester and Hugh Tyrrel who took a Brass Pan from the Priests of Down and Gerald Earl of Kildare who burnt the Church of Cashel and put it off with a Jest That he would not have done it but that he thought the Archbishop was in it Secondly That Offices of Profit and Places of Trust were mostly given to Englishmen Thirdly That they suffer none of the Potentates to sit in Parliament but such as are qualified by the English Law and therefore the Parliaments are void Vnde deducitur omnia Parliamenta Regum Britannorum authoritate coacta in Hibernia deincepsque more pristino celebranda prorsus inita infirma injusta violenta esse says my Author Fourthly That Benefit of Law is not given but to the Quinque Sanguines so that the Irish are as it were Outlaws in their own Countrey and may be slain as Enemies Lastly The Irish were perswaded to surrender their Estates on promise to re-grant them in a better and more legal Form whereas really they were cheated and the King reserved a Tenure to himself and gave the Irishman only the Possessions and Profits And for these and other Injuries says Mr. Sullevan pag. 61. the English Kings could never enjoy Ireland quietly but were disturbed with many and almost continual Rebellions Little did this Objector think that his
Ophaly till he made him consent to accept of worse situated Land in lieu of it He made his Nephew Walter Almain a corrupt beggarly Fellow says Cambrensis Seneschal of Wexford and Waterford who received Bribes from Mac Morough of Kensile to prejudice the Fitz-Geralds and so Mercenary was Fitz-Adelm himself that the Irish flock'd unto him as to a Fair to buy their Demands At last having neither done Honour to the King nor Good to the Country he was revok'd and in his Room the King appointed Hugh de Lacy 1179. Lord Justice of Ireland to whom Robert le Poer the King's Marshal Governour of Waterford and Wexford was made Coadjutor Counsellor or assistant The King Lib. G. Lamb. at a Parliament held at Oxford anno 1177 had given the Kingdom of Cork The Patent from the River next Lismore running between that and Cork i.e. the River Bride to Knock-Brandon near the Shenin and so to the Sea unto Cogan and Fitz-Stephens Tenendum of him and his Son John per sexaginta feoda militaria except the City of Cork and the Cantred adjoyning which was the Eastmens He also gave the Kingdom of Limerick to the Brothers and Nephew of Richard Earl of Cornwal but they finding they could not get Possession in a little Time surrendred their unprofitable Grant Whereupon the King bestowed it upon Philip de Broase to be held of the King and his Son John by sixty Knights Fees and the City and a Cantred adjoyning were likewise excepted out of this Grant These three Adventurers joyned their Forces together and came to Waterford in November and so coasted it to Cork where they were kindly received by Richard de Londres the Governour Cogan and Fitz-Stephens agreed with Mac Carthy and the Irish Gentry That they should hold four and twenty Cantreds paying a small yearly Rent and of the seven Cantreds near Cork Cogan had the four Southern and Fitz-Stephens the three that were on the East-side of the City The Kingdom of Cork being thus setled they marched with Broase to Limerick with sixty Gentlemen one hundred and fifty Horse and a smart Party of Foot As soon as the Citizens perceived them they set the Town on Fire at which desperate Barbarity Broase was so offended that he could not be prevailed upon by any Arguments to settle there or to have any thing to do with such Rash and Heathenish People and therefore they returned to Cork which for some Time after Cogan and Fitz-Stephens joyntly and happily governed This Kingdom of Cork descended to Daughters Hooker 46. Hanmer 158. Brady 369. and so came by Marriage to Robert de Carew and Patrick de Courcy about the twentieth Year of the Reign of Henry III. Courcy's part of it was afterwards subdvided among many Daughters who were Heirs General of that Family so that a very small Proportion of it remains with the Heir-Male of that Name who was anciently Baron of Ringrone but now has the Title of Lord Baron of Kingsale As for the Carews they were Marquesses of Cork and built the Castles of Ardtully Dunkeran and Down Marque but they removed out of Ireland in the Time of the Civil Wars between York and Lancaster and others intruded into their Possessions and Estate and keep them to this Day except what they have sold or forfeited About this Time Sir Thomas de Clare obtained a Grant of Thomond Davis 122. as Otho de Grandison did of Typerary and Robert le Poer of Waterford and William Fitz-Adelm also got a large Proportion of Connaugh But it is time to return to the valiant John de Courcy Brady 368. who was engaged in Vriel on this Occasion he had sent into England for Victuals Ammunition and other Necessaries the Ship by Stress of Weather was driven into a Creek called Torshead O Hanlon and his Followers immediately came on Board the Vessel and murdered all that were in it and seized on the Cargo As soon as Courcy had Notice of this Misfortune he drew his Men together being above a thousand and marched towards the Newry on the Way he received Advice That the Irish were encamped near Dundalk in a great Body to the Number of seven thousand Courcy sent a Fryer to them and instructed him to tell them That there were great Forces arrived at Drogheda from England and that they were very near them and to justifie this Story the English did march with the greatest Shew and Appearance they could make and made a great Shout wherewith the Enemy was so daunted that they fled towards the River in great Confusion but the Tide being in many were drowned and more were slain However O Hanlon and the greatest part of his Army got over the River but the Frier guided the English over a Ford so that they came to a second Encounter wherein the Irish were so desperate That the English Foot were forced to retire but the Valiant Sir Armorick came in seasonably to their Rescue and persuaded them to rally and to make another Charge which they performed so briskly that the Irish were obliged to withdraw to the Fews as the English also did to Dundalk neither Party much boasting of the Victory because the Slaughter was great on both sides About this time two Cardinals come to England to invite the English and Irish Bishops to the Council of Lateran There went from hence Lawrence Archbishop of Dublin Catholicus Archbishop of Tuam and others but all of them first swore Not to procure any Damage to the King or his Dominions Sullevan Which Oath Lawrence did not very religiously observe for he not only spoke vehemently in the Council against the King's Administration of Affairs in Ireland but as the Irish say he obtained a Bull of Revocation from the Pope annulling the former Bulls granted to the King But this is not probable because no such Bull is extant and if there were it would be void but it is certain he was an inveterate Enemy to the English and gave them all the Opposition and Disquiet he could However he was reputed a very Holy Man being zealously addicted to the Superstitious Devotion Hanmer 163. so that he was canonized by Pope Honorius III. This is recorded of him That he was so grateful to the See of Rome for his Pall or so great an abhorrer of Immodesty that he refused to absolve the Priests convicted of that Sin insomuch that he sent one hundred and forty of them to Rome to pay for their Absolution there But it is time to return to the Lord Justice Lacy who govern'd very well and built many Castles in convenient Places and particularly Castle-Dermond Leighlin Leix Delvin 1180. Carlow Tullaghphelim and Kilka and Courcy was no less diligent in raising that kind of Fortification in Vlster However Lacy had given just Cause of Jealousie by marrying the Daughter of Rotherick King of Connaught whereupon his Enemis impeached him suggesting that he confederated with the Irish
and believed Camden's Annals he was crowned on Ascension-Day by the said Archbishop 1199. at Westminster with great Solemnity and not long after he was girt with the Ducal Sword of Normandy by William Archbishop of Roan Hanno de Valois Lord Justice continued so the first Year of King John but then he fell into such Disgrace that he was not only remov'd from his Government Libb GGG but also was obliged to give the King a thousand Marks Lamberh for his Favour and for a Discharge of his Accounts about Ireland And Meyler fitz-Fitz-Henry 1200. Natural Son of King Henry I by Nesta Mother of Maurice Fitz-Gerald 1202. was made Lord Justice in whose Time May 4. 1202. King John granted that is confirmed the Archbishoprick of Armagh to Humphry de Tickhul but Ralph le Petit Archdeacon of Meath pretended that the Election fell on him and resolved to contest it with Tickhul 1203. In the mean Time the Pope appointed one Owen mac Gillevider but the King was so angry with him that he prohibited all the Clergy from owning him as Archbishop And to prevent him the King on the Death of Tickhul Ware de Presul 17. anno 1203. confirmed Ralph le Petit in the Archbishoprick Nevertheless Owen so managed the Matter that he enjoyed the Archbishoprick and was restored to the King's Favour He had the Character of an Honest and Worthy Prelate and was present at the Lateran Council in Quality of Primate of all Ireland The King had given to William de Braos and his Heirs the Honour of Limerick with the Appurtenances as Henry II gave it to Philip Unkle of William except the City of Limerick and the Donation of Abbies and Bishopricks the Cantred of the Oastmens and the Holy Island and the Services of William de Burgo which the King retained to be held by sixty Knights Fees But I do not find that William de Braosa had any great Benefit of this Grant for being a bold and a generous Man and abhorring the Murder of Duke Arthur the King's Nephew which he verily believed was done by the King's Command as did likewise John de Courcy they both spoke more than came to their Share And thereupon Braosa fled into Ireland with his Wife and Children from whence he afterwards removed to the Isle of Man and thence to France where he dyed but she and her Son were taken in a Castle in Meath Speed 508. and tho' she sent the Queen a strange Present of four hundred Cows and a Bull all White but their Ears which were Red yet that could not make her Peace but that she and her Son were sent Prisoners to Windsor where they were starv'd to Death as was said And as for Courcy the King to mortifie him appointed his Inveterate Enemy and Competitor Hugh de Lacy 1203. Lord Justice of Ireland and gave him Order to arrest Courcy and send him Prisoner to England But Courcy had some Intelligence or at least Jealousie of the Design and therefore kept upon his Guard so cautiously that Lacy could not surprize him Wherefore he levied an Army and invaded Vlster at Down both Parties met and the Valiant Courcy sent Lacy back with Blows and Shame enough After this Bloody Victory Courcy offered the Combat which the Lord Justice in his Politick Capacity refused to undergo against a Subject and a Traytor wherefore he took a wiser Course and by his Proclamation offered a large Reward to him that should bring in Courcy alive or dead But this not taking effect he dealt with some of Courcy's Servants to seize their Master on Good-Friday whilst unarmed he should be doing Penance and walking Bare-foot about the Church-Yard of Down as he was wont to do every Year They undertook the Matter and effected it with the Slaughter of two of the S. Lawrences who attended their Unkle Courcy that Day But the Traytors paid dear for their Perfidiousness for Courcy with a Wooden Cross which he got in the Church-Yard killed thirteen of them and the rest were sent by the Lord Justice into England with this Pasport which they were obliged not to open till they were in Necessity of it I Hugh de Lacy Lord Justice of Ireland Servant to my dread Sovereign Lord King John To all them that shall read these few Lines greet Know ye That these Men whose Names are underwritten sometimes served Sir John de Courcy late Earl of Ulster but now in Durance in the Tower of London and for a Sum of Mony betraied their own Master into my Hands I deem them no better than Judas the Traytor How hardly soever I have conceived of Courcy I hold them to be a thousand times more damnable Traytors Wherefore let no Subject in the King's Dominions give them any Entertainment but spit in their Faces and suffer them to rogue and wander about as Jews The Lord Justice provided a Barque and Victuals for them but denyed them Pilots or Seamen so that being sufficiently tossed at Sea they were driven into Cork and were there taken and afterward hanged by Order of Lacy who shewed himself Generous in this one thing That though he loved the Treason he hated the Traytor And thus was the Valiant Courcy condemned to perpetual Imprisonment in the Tower of London and that Lacy might personally solicit a Reward for this great Service he had leave to come to Court And Myler fitz-Fitz-Henry was again made Lord Justice April 3. 1205. The Historians of that Age make honourable Mention of him He died Anno 1220. and was buried in the Abby of Conal which himself had founded and on his Tomb was this bald Epitaph Conduntur Tumulo Meyleri Nobilis ossa Indomitus Domitor totius Gentis Hibernae But Hugh de Lacy's Services were so well accepted in England May 2. 1205. that the King gave him the Earldom of Vlster as fully as Courcy held it the day he was taken except the Donation of Bishopricks and Abbies and because the King had occasion of Lacy's personal Attendance in England therefore he gave Charge to the Lord Justice to defend and preserve Lacy's Lands as he would the Demesnes of the Crown On the 30th of August Lib. GGG 6. A Writ was sent to the Lord Justice commanding him to build a strong Castle at Dublin to defend that City and to preserve the King's Treasure and the Second of November following the King by Writ commanded Walter de Lacy to put Limerick into the Lord Justice's hands because without it he could neither keep the Peace in Cork nor Connaught The same Year the King of Connaught releas'd two Parts of that Country 1206. retaining the Third at the yearly Rent of an hundred Marks and the next Year offered to continue Tenant to the same Third part at the aforesaid Rent of one hundred Marks per Annum to be held per Baroniam and to pay a yearly Tribute of three hundred Marks per
Annum for the other two parts saving and reserving to the King two Cantreds with the Inhabitants and liberty of building Castles therein The King liked the Proposal well enough and communicated it to the Lord Justice and referr'd it to him adding That it would do well if the Lord Justice could squeeze a Fine of four hundred Marks from the King of Connaught together with a yearly Tribute of Cows 1208. to supply such Castles as should be built in those Cantreds Hugh de Lacy was made Lord Deputy upon the Lord Justice his going to England and soon after viz. the Eighth of November the King by Patent Dated at Woodstock whereunto Meyler fitz-Fitz-Henry Lord Justice is Witness did confirm to William Fitz Philip Barry the three Cantreds of Olethan Muskry Dunegan and Killedy which Fitz Stephens had given his Father in the Kingdom of Cork 4 Inst 359. to be held of the King by Ten Knights Fees Lib. GGG and he also granted to William Marshal the Marshalship of Ireland in Fee as also the Cantred of Kilkenny About this time Jeofry Morison or Mac Moris was troublesome in Munster wherefore the Lord Deputy invaded Typerary Hanmer 186. and took Thurles he also took Castlemeyler and demolished it but the Irish say he lost more men in this Expedition than he brought back And now the King finding many Complaints of Thieves Tories and Robbers which were become a Nusance in Ireland sent the following Writ for their expulsion REX Meyler Prin 250. fil Henr. Justic Hiberniae c. omnibus aliis Baron fidelibus suis Hibern c. Sciatis quod ad voluntatem consilium dilectorum fidelium nostrorum Com. W. Maresc Walteri de Lacy aliorum Baronum nostrorum Hibern qui nobiscum fuerunt in Angl. per consilium fidelium nostror Angl. volumus statuimus quod Latrones Hibern expellantur de Terra nostra Hibern quod ipsi receptores eorum deducantur secundum Legem Angl. ideo vobis mandamus quod ita fieri faciatis in hujus rei testimonium has Literas nostras Patent vobis mittimus Teste Meipso apud Southhampt 23 Die Martii But Lacy was so elevated with the aforesaid Victories how dear soever they were bought that he look'd on all below him with Contempt and became so impatient of Competition that he was outragious against all his Enemies and particularly against John de Courcy Lord of Raheny and Kilbarrock Natural Son of the great John de Courcy whom the Lacies basely and barbarously caused to be murdered whereupon great Stirs and Dissatisfactions arose in Ireland even among the British Temple 6. whereof the Irish made their advantage Hanmer 187. and under pretence of being burdened with Taxes there was a general Defection throughout all the Realm Dublin was inhabited mostly by a Colony of Bristol Men 1209. and it was customary with them for love of Sport and Air to walk abroad toward Cullenwood every Easter-Monday but now being unarmed they were surprized by the Mountaneers of Wicklow the Birnes and Tooles c. who murdered three hundred of the Citizens wherefore that Day is ever since called Black Monday and for a long time after was solemnly observed by the Mayor Sheriffs and Citizens of Dublin in a brave and splendid manner and to supply this Loss the City of Bristol sent a new Colony to replenish Dublin But the King as well to secure his goverment from the ambition of Lacy whereof he grew exceeding jealous as also to suppress the Rebellion of the Irish found it necessary to make a Voyage to that Countrey and therefore with a considerable Army he sailed thither and on the Eighth Day of June landed at Waterford 1210. where O Neal and above Twenty other Irish Potentates came and made their humble Submissions and did Homage and Fealty unto him The Lacies conscious of their Demerits durst not abide the Arrival of the King but secretly fled into France where in Disguise they served the Abbot of St. Taurin in the quality of Gardeners till their unskilfulness manifested they were not educated in that way which gave the Abbot some suspicion of them and that led him into so strict an Enquiry that to satisfie the Abbot they were obliged to discover the Truth Speed 508. The good man did so sympathize with their Misfortunes and pitied their Distress that he effectually interceded with the King for their Pardon which at length he obtain'd Walter paying for Meath 2500 and Hugh for Vlster 4000 Marks Cattalus or rather Carolus O Conner alias Crovederg the Valiant and Active King of Connaught was the only Man of Note that opposed King John but he was an unequal Match for the King of England Cambden 152. and therefore was easily subdued and taken Prisoner Wherefore the King having no more of Military Matters to execute in Ireland seriously set himself to mend the Civil State of that unfortunate Country and first he caused Money to be Coyned ad Pondus Nummi Angliae and made it currant in both Kingdoms by his Proclamation which was the first Sterling Money that was Coyned in Ireland Lib. M. 25. and this done he set himself to establish the English Laws in that Kingdom For though King Henry had done as much to introduce the English Laws there as that Season and other Circumstances would permit yet partly for want of Sheriffs and the Distribution of the Kingdom into Counties but chiefly because of the unsetledness of the Country and the rebellious humour of the Irish it could not at that time be fully effected Wherefore King John to supply those Defects as far as he was able divided Leinster and Munster the only part he had in quiet and actual possession into the Counties of Dublin Kildare Meath Vriel Caterlogh Kilkenny Wexford Waterford Cork Limerick Typerary and Kerry and appointed Sheriffs and other Officers for them after the manner of England He also caused an Abstract of the English Laws and Customs to be drawn in writing Inst 141. b. 4 Inst 349. whereunto he affixed his Seal and left it in the Exchequer in Dublin and by general consent in Parliament and at the instance of the Irish he ordained that the English Laws and Customs should thenceforward be observed in Ireland Temple 6. and in order to it he erected Courts of Judicature at Dublin But the Brehon Law and the other Irish Customs indulged more to the Tyrannie of the great Men and yet did not hold the Commons to a strict and regular Discipline as the Laws of England did and therefore the very English were so corrupted by ill Example that the English Laws were not regarded nor had in Estimation as they ought but were look'd upon both by the Irish and degenerate English Davis 90. lib. M. as a Yoke of Bondage so that Henry III was necessitated oftentimes to enjoyn the Observation of them In
the first and third Year of his Reign he did confirm them and in the eleventh Year he sent the following Writ which I recite at large because I find it curtail'd both in Calvin's Case and my Lord Cooks first Institutes 141. b. And what else King Henry did in this Matter shall be mentioned in the Account of his Reign REX Lib. GGG c. Baronibus militibus aliis libere tenentibus Lageniae salutem c. Satis ut credimus vestra audivit discretio quod cum bonae Memoriae Johannes quondam Rex Angliae pater noster venit in Hiberniam ipse duxit secum viros discretos legis peritos quorum communi consilio ad instantiam Hibernensium statuit praecepit Leges Anglicanas teneri in Hibernia ita quod leges easdem in scriptis redactas reliquit sub Sigillo suo ad Scaccar Dublin Cum igitur Consuetudo Lex Angliae fuerit quod si aliquis desponsaverit aliquam mulierem sive viduam sive aliam haereditatem habentem ipse postmodum ex ea prolem suscitaverit cujus clamor auditus fuerit infra quatuor parietes idem vir si supervixerit ipsam Vxorem suam habebit tota vita sua custodiam Haereditatis Vxoris suae licet ea forte habuerit Haeredem de primo viro suo qui fuerit plenae aetatis vobis mandamus injungentes quatenus in loquela quae est in Cur. Wilm Com. Maresc inter Mauritium Fitz-Gerrald petent Galfridum de Marisco Justiciarium nostrum Hiberniae tenentem vel in alia loquela quae fuerit in casu praedicto nullo modo justitiam in contrar facere presumatis Teste Rege apud W. decim Decemb. And thus King John having exceeding well acquitted himself in Ireland and thereby in a great measure attoned for Miscarriages of his former Voyage he departed thence on the thirtieth Day of August 1210. having first appointed John Gray Bishop of Norwich Lord Justice who kept the Kingdom in so good Order that he was able to spare three hundred Foot besides Horse 1211. to aid the King in France where they did good Service and yet most of them safely returned to Ireland About this Time happened the famous Story of John de Courcy 1212. which I will give you in the very Words of Hanmer because he expresses it much better than it is in Cambden's Annals Not long after Hanmer 184. there fell some Difference between John King of England and Philip King of France for the Right of some Fort in Normandy who to avoid the shedding of Christian Blood agreed of each Side to put it to a Combat Of King Philip's part there was a French-man in Readiness King John upon the sudden wist not what to do for a Champion to encounter with him at length one attending upon his Person enformed him That there was one Courcy in the Tower of London the only Man in his Dominions if he would undertake it to answer the Challenge King John joyful of this sent the first yea the second and third Time promising large Rewards and rich Gifts and that it stood him upon as far as the Honour of his Crown and Kingdom did reach to make good the Combat Courcy answered very frowardly the which was taken in good Part in regard of the urgent Necessity That he would never fight for him neither for any such as he was That he was not worthy to have one Drop of Blood spilt for him That he was not able to requite him the Wrongs he had done him neither to restore him the Hearts-Ease he had bereav'd him of Yet notwithstanding all the Premises he was willing and would with all Expedition be ready to venture his Life in Defence of the Crown and his Country Whereupon it was agreed He should be dyeted apparelled and armed to his Content and that his own Sword should be brought him out of Ireland The Day came the Place appointed the Lists provided the Scaffolds set up the Princes with their Nobility of each Side with thousands in Expectation forth comes the French Champion gave a turn and rests him in his Tent They sent for Courcy who all this while was trussing of himself about with strong Points and answered the Messengers That if any of their Company were to go to such a Banquet he would make no great haste However forth he comes gave a Turn and went into his Tent. When the Trumpets sounded to Battle forth came the Combitants and viewed each other Courcy beheld him with a wonderful stern Countenance and passed by The French-man not liking his grim Look the strong Proportion and Feature of his Person stalked still along and when the Trumpets sounded the last Charge Courcy drew out his Sword and the French-man ran away and conveyed himself to Spain Whereupon they sounded Victory the People clapt their Hands and cast up their Caps King Philip desired King John That Courcy might be called before them to shew some Part of his Strength and Manhood by a Blow upon a Helmet it was agreed a Stake was set in the Ground and a Shirt of Male and a Helmet thereon Courcy drew his Sword looked wonderful sternly upon the Princes cleft the Helmet Shirt of Mail and the Stake so far in that none could pull it out but himself Then the Princes demanded of him What he meant to look so sowerly upon them His answer was If he had missed his Blow upon the Block he would have cut off both the Kings Heads All that he said was taken in good Part and King John discharged him of all his Troubles gave him great Gifts and restored him to his former Possessions in Ireland It is written further That hereupon he sailed into England came to Westchester offered himself to the Sea and was put back again fifteen times by contrary Winds which rose upon a sudden to the English Shore And in the Book of Houth it is delivered That upon every Repulse the Night following he was admonished in a Vision Not to attempt the Seas for to sail into Ireland and that he should never set Foot upon any Land there and withal that the Reason was yielded thus Courcy thou hast done very ill for thou hast pulled down the Master and set up the Servant for he had translated the Cathedral Church and the Prebendaries of the Blessed Trinity in Dune into an Abbey of Black Monks brought thither from Chester and consecrated the same to the Honour of S. Patrick Whereupon remembring himself That he had done very ill in taking the Name from God and giving it to a Creature he gave Sentence upon himself That he was worthily punished and immediately he altered his Course went into France and there died But 't is Time to return to our Lord Justice who was sent for into England and ordered to leave the Government in the Hands of Henry de Londres Archbishop of Dublin Lord Justice July 23. he had
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
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
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
Elizabeth the Seventh Daughter of K. Edw. the First and was at the Parliament at Northampton Created Earl of Ormond And yet I have seen a Patent Dated 6 Edw. 3. Lib. G. Lambeth and exemplified 38 Edw. 3. Whereby James Butler is Created Earl of Ormond and Ten Pound per annum out of the Fee-Farm of Waterford granted to him for Creation-Money And now the Lord William Burk and Arnold Poer returned into Ireland and a Parliament was call'd at Dublin to compleat the Reconciliation between them on the one side and the Butlers Geraldines and Birminghams on the other which it seems was begun at the aforesaid Parliament at Northampton and now effected at this Parliament in Ireland Whereupon the Earl of Vlster made a great Feast in the Castle of Dublin and the next day after the Lord Maurice Fitz-Thomas did the like at St. Patricks-Church although it was in the time of Lent But a strange Accident fell out at this Parliament for the Lord Justice was forc'd to purge himself of Heresie Camb. 182. which the Bishop of Ossory laid to his Charge because he had abetted one Sir Arnold Poer whom the Bishop had condemned of certain Heretical Opinions But the Lord Justice made appear that the Bishops Proceedings were partial and unjust in favour of a Kinsman of the Bishops who began the Quarrel with Poer and that therefore he the Justice supported the Cause of the Oppressed and so after a very solemn Purgation the Lord Justice was acquitted and declared a true Son of the Church whereupon he made a great Feast for all Comers Nevertheless the unfortunate Poer who had been taken by the Kings Writ De Excommunicato capiendo grounded on the Bishops Certificate died in Prison before this Matter was fully adjusted and his Carcass was a long time kept above ground and unburied because he died unassoiled Sir John Darcy 1329. Lord Justice in whose time Macoghegan of Meath and other Irishmen of Leinster O Bryan of Thomond and his Confederates in Munster broke out into Rebellion and yet this common Calamity could not unite the English although their own Experience had taught them and frequent Instances have convinced the succeeding Ages since that the English never suffered any great Loss or Calamity in Ireland but by Civil Dissentions and Disagreement amongst themselves June 10. 1329. when the Earl of Louth and many other of the Birminghams Talbot of Malahide and an hundred and sixty Englishmen were murdered by the Treachery of their own Countreymen the Savages Davis 135. Gernons c. at Balibragan in Vrgile and when the Barryes and Roches in Munster did as much for James Fitz-Robert Keating the Lord Philip Hodnet Fragm 10. and Hugh Condon with an hundred and forty of their Followers what wonder is it if Macoghegan defeated the Lord Thomas Butler and others August 8. near Molingar to their loss of an hundred and forty of their Men Or if Sir Simon Genevil lost seventy six of his Soldiers in Carbry in the County of Kildare or if Brian O Bryan ravaged over all the Country and burnt the Towns of Athessel and Typerary However Holingsh 70. the Irish grew so Insolent and Outragious upon these small Victories that they shewed but little regard to God or Man In the Church of Freinston they found about fourscore People at their Devotions Cambden ad annum it seems the miserable Wretches well acquainted with the cruelty of these ungovernable Soldiers did not expect to escape their Fury 1331. and therefore made it their only Petition to save the Life of the Priest Lib. P. Lamb. but these Ruffians were deaf to all Supplications for Mercy the Priest was the first Man they wounded and after they had spurned the Host with their Feet they compleated their Sacrilege by burning the Church Priest People and all Nor did they regard the Ecclesiastical Censures nor the Pope's Interdict which afterwards issued against them on the contrary in all their Actions they manifested an entire contempt both of Ethicks and Christianity so that one would think the Poet prophesied of these Men when he said Nulla fides pietasve viris qui castra sequuntur But Pride will have a fall and Providence will certainly triumph over the Wickedness of Men in a proper Season and commonly Methods unexpected whereof this unruly Multitude is one Instance For the Men of Wexford by their imminent Ruine rendred desperat entertain'd a Skirmish with this formidable Rabble Cambd. 185. and had the good Luck to kill four hundred of them and the rest surprized with a pannick Fear on this unexpected Defeat ran away in such a confused and hudling manner that most of them were drowned in the River Slane and have left a just Occasion for this true Remark That huffing and insolent Men are always Cowards and if this be true any where in the World it is true in Ireland Camb. 183. Sir Philip Stanton had the ill Luck to be slain by the Irish and Sir Henry Traherne by the Means of Onolan was surprized in his own House at Kilbeg But in Revenge of it the Earl of Ormond burnt Foghird in Onolan's Country and the Lord Justice prosecuted the O Birnes so effectually that after the Slaughter of some of the best of them they were forced to submit But the Lord Justice finding himself too weak to deal with such a vast number of Rebels as were now in Arms in all parts of the Kingdom he invited Maurice afterwards Earl of Desmond to take the Field and promised him the King's Pay January 1329 Maurice came accordingly with a very considerable Army Fragment 9. and advanced against the Onolans he routed them and burnt their Country so that they were forced to submit and give Hostages He did the like to the O Morroughs and took the Castle of Ley from the O Dempsâ—es But the Lord Justice was not ablâ— to pay so great an Army being near ten thousand Men 〈◊〉 therefore he was fain to connive at their extorting Coyn anâ— Livery which now was first practised by the English But the Irish had used that barbarous Oppression long before and perhaps from the beginning as appears by the fourth Constitution of the Synod of Cashel Ante pag. 23. I have seen the Copy of a Patent Lib. CCC dated March 1. 3. Edw. 3. Lambeth constituting the Earl of Ormond Lord Lieutenant of Ireland but I find nothing more of it any where else But the same Year Typerary was made a Palatinate The Irish had again petitioned the King for a general Liberty to use the English Laws Davis 103. whereupon the King sent a Writ to the Lord Justice 22 Aug. to consult the Parliament in Ireland 2 Edw. 3. and to advise him of their Opinions in that Matter And by another Writ of the same Date the King orders the Justice and the Chancellor to supervise the Exchequer twice every
Year And it seems there was also a Parliament at Dublin this Year Prin 266. wherein it was ordained That the King's Peace should be fully kept and that every Nobleman and Chieftain should keep in his own Sept. Retinue and Servants Roger Outlaw Prior of Kilmainham was made Lord Deputy 1330. and kept the Kingdom quiet ' all the Summer and the Winter was so stormy and wet that nothing could be done till January and then the Macoghegans began to be troublesome again in Meath but the Earls of Vlster and Ormond gave them a Defeat near Loghynerthy about Lent whereupon they were so enraged that they burnt fifteen Villages but they paid for it in another Skirmish wherein three Irish Lords Sons and one hundred of their Followers were slain This Year a Parliament was holden at Kilkenny Pryn 267. at which were present Alexander Archbishop of Dublin the Earls of Vlster and Ormond the Lord William Birmingham and the Lord Walter Burk of Connaught and each of these brought a considerable Power with him to pursue O Brian and expel him from Vrkiffe near Cashil It seems this great Army march'd to Limerick and that the Burks did prey some of the Giraldines Lands in their March whereupon such Fewds arose between those Families that the Lord Justice was necessitated to confine the Earl of Vlster and Maurice of Desmond to the Custody of the Marshal at Limerick but Maurice quickly found means to escape and thereupon 't is probable the Earl was also enâ—arged It seems that both of them went to England But what became of this mutinous Army Frag. 9. I find no mention save that an anonymous Author reports Quod nihil perfecerunt But the next Year was more propitious 1331. for on the twenty first of April the English gave the Irish an Overthrow in O Kensâ—le And in May the English at Thurles defeated O Brian and slew many of his Followers And about the same time O Tool came to Tullagh and robbed the Archbishop of Dublin took three hundred of his Sheep and killed some of his Servants Upon notice of it Sir Philip Britt and others sallied out of Dublin but they were too forward and careless so that they fell into an Ambush in Culiagh and were most of them slain whereupon the Irish were elevated to that degree Cambd. 184. that they attacked the Castle of Arklow and took it but the Lord Birmingham with a smart Party undertook them and mortified them to the lowest degree of Submission and might have ruined them if he had not trusted to their false Promises Sir Anthony Luey 3 June 1331. a Man of great Authority in England was sent over Lord Justice he brought with him the Lord Hugh de Lacy who was now pardoned and in some Favour He also brought the King's Letters to the Earl of Vlster and others of the Nobility to give their best assistance to him the Lord Justice The Lord Justice designed by a severe Government to correct and reform the Distempers of those Times but alass it was too great an Undertaking for one Man and required more time than he had to spend in Ireland However his Government was auspicated with a Victory which those of the English Pale on the eleventh of June obtained over the Irish at Finnagh in Meath And though there was a great Dearth and Scarcity still continuing yet it was somewhat moderated by the great Plenty of large Fishes called Thurlehides sent by Providence into the Bay of Dublin in a prodigious number for the relief of the Poor A Parliament was summoned to meet at Dublin at Mid-summer by which it is manifest that they did not hitherto practise the formality of forty Days Summons the Appearance was so thin that the Parliament was adjourned to Kilkenny to the seventh of July And thither came Thomas Earl of Kildare and others that were not at Dublin and were freely pardoned what was past being first sworn on the Holy Evangelists and the Reliques of the Saints to Allegiance and Preservation of the peace for the future But in August the Lord Justice received the bad News That the Irish had taken and burnt the Castle of Ferns Whereupon he grew jealous That some of those English Lords that absented themselves from the Parliament at Kilkenny did underhand abet the Irish or else they durst not so frequently rebel and therefore he resolved to apprehend as many of them as he could get And first Henry Mandevil was by Warrant from the Chief Justice taken in September and Maurice of Desmond being arrested in Limerick in the beginning of October was by warrant from the Lord Justice and Council brought to Dublin Walter Burk and his Brother were seised in November and William and Walter Birmingham were secured in Clonmel in February following and afterwards sent to Dublin It seems there was more than bare Suspicion in this Matter for the Lord William Birmingham who had often done good Service for his King and Country was nevertheless executed the eleventh of July 1332. and his Son Walter had not escaped but that he was in Orders and Maurice of Desmond was likewise kept in Prison a Year and a half and then discharg'd upon very great Bail and sent into England to the King But let us look back to the third of March 1331. at which time the King and Parliament of England made Ordinances and Articles for the Reformation and Tranquility of Ireland and sent them thither in haec verba REX Justic Pryn 267. Canc. Thes suis Hibern salutem Mandamus vobis quod articulos subscriptos quos pro emendatione status Terrae nostrae Hiberniae quiete tranquilitate populi nostri ibidem per advisamentum Concilii nostri in ultimo Parliamento nostro apud Westmon tento ordinavimus in dicta Terra Hiberniae quantum ad vos attinet teneatis observetis per alios fideles nostros dictae Terrae teneri observari faciatis Tenor autem articâ—â—â—orum praedictorum talis est Imprimis Justiciarius qui nunc est vel pro tempore fuerit non concedat Cartas Pardonationis de morte hominis nec roberiis incendiis aliquibus nisi de roberiis incendiis ante festum Paschae anno regni Domini Edwardi Regis Angliae tertii post Conquestum quinto perpetratis Et quod de caetero certificet Regem de nominibus hujusmodi Pardonationes petentium de avisamento suo quod Rex faciat inde voluntatem suam quod nullus in Terra Hiberniae ex nunc faciat tales Pardonationes infra libertatem extra sub gravi forisfactura Domini Regi Item Quod dictus Justic de caetero non concedat tuitionem pacis felonibus ad silvam existentibus Item Quod una eadem lex fiat tam Hibernicis quam Anglicis excepta servitute Betagiorum penes Dominos suos eodem modo quo usitatum est in Anglia de Villanis Item
Officer under the King that entred very poor could in one Year heap up more Wealth than Men of great Estates in many Years And III. How it chanced since they were all called Lords of their own that the Sovereign Lord of them all was never the richer for them The King who knew what they aimed at was very unwilling to restore the Lands and Jurisdictions he had resumed and therefore tryed all other ways to reform the Kingdom and please the People He turned out many of his Judges and Officers that were most obnoxious particularly Elias de Ashbourn whose Estate he caused to be seized Thomas de Montepessulano and Henry Baggott Judges of the Common Pleas He sent a Writ to the Lord Deputy to certifie the Qualities Services Fees Number and Behaviour of his Officers in Ireland He ordered that all Pardons or Suspensions of the King's Debts that were by green Wax or otherwise except Pardons or Releases under the great Seal should be vacated and the Debts levyed He also commanded the Lord Justice Darcy or his Deputy to employ no others in any considerable Office than such Englishmen as had Estates in England and to turn out all that were not so qualified And also enjoyned him not to alien or grant any of the King's Lands until he be fully informed of the Circumstances by Inquisition And whereas the Treasurer of the Exchequer did claim a Privilege to dispose of any Sum under one hundred Shillings toties quoties as he pleased without Voucher or Account the King supersedes that evil Custom and orders him to account for what is past since the beginning of his Reign and to issue no more Mony without the Presence or Consent of the Lord Justice Lord Chancellor and Council And whereas the Treasurer used to name Sheriffs that Nomination is conferred on the Chief Governour and Chancellor and Council who are enjoyned to put in Persons fit for the Office And whereas the Treasurer for Rewards used to forbear the King's Debts so that many of them were lost that Practice is also prohibited for the future And the Treasurer is ordered Not to receive the King's Mony in his Chamber or elsewhere privately but only in the publick Office The King also sent a Writ to be certified of the Particulars which were seized by virtue of the aforesaid Writ of Resumption And John Darcy Senior had an Order to have his Part of those Lands restored The Lord Justice the Deputy and the Chancellor or any two of them were authorized to supervise and regulate the Exchequer And yet all this and whatever else the King could do did not quiet the Kingdom until there was a general Restitution of these resumed Estates which was done 26 Edw. 3. And it must not be forgot that Walter Archbishop of Ardmagh Pryn 277. being in the time of Edw. 2. advanced to that See by the Popes Provision wherein were some Clauses prejudicial to the Crown the King refused to restore the Temporalities unto him until he had renounced all Clauses in the Pope's Bulls prejudicial to the King or his Kingdoms and engaged to pay a Fine of one thousand Crowns for that Misdemeanour but the Archbishop died before the Fine was paid And about this time Process issued to levy the same on the Temporalities of his Successor but it was irregular and illegal and therefore the King superseded that Process and directed that it should be levyed of the Heirs or Executors of the said Walter And about this time John Larch Prior of the Hospital of S. John of Jerusalem in Ireland and Mr. Thomas Wogan were sent to the King by the Prelates Earls Barons and Commons of Ireland with a long Catalogue of the Grievances of those Times to be seen at large together with the King's Answer in Mr. Pryns Animadversions 279. But Whether these Agents were sent from the Parliament at Dublin or the discontented Assembly at Kilkenny non constatâ— But 't is certain that not long after the Lord Justice was removed and Sir Ralph Vfford came over Lord Justice 1334. he married the Countess Dowager of Vlster and was a grave severe Man and the likeliest Person of that Age to reduce the Seditious to their Duty however the Irish and the old English speak very hardly of him and after they had given him the worst Character imaginable they add That there was a continual Tempest in Ireland from the time of his landing to the Day of his Death Camb. 189. 'T is certain they hated him so that in Sight of the People and at noon-day he was robbed of his Cloaths Mony Plate and Horses by Mac Cartane at Emerdullin no Body endeavouring to help or rescue him nevertheless he afterwards raised the Men of Vrgile and gained the Pass and entred Vlster On the twenty fourth of November the King and Parliament at Notingham made Ordinances for the Reformation of Ireland which are the same mentioned already 17 Edw. 2. ante pag. 112. which is there mistaken for 17 Edw. 3. as I suppose for though both my Lord Cook and Mr. Pryn quote 17 Edw. 2. yet I rather believe both their Books are misprinted than that the same Ordinances should be repeated at the same Place and in the same Year of both Kings But however that be my Lord Cook adds this Clause Volumus praecipimus quod Nostra Terrae nostrae negotia praesertim majora ardua per Peritos Conciliarios ac Praelatos 4 Inst 350 351. Magnates quosdam de discretioribus Hominibus i.e. the Commons in Parliamentis tractentur disâ—utiantur terminentur Vide postea ad annum 1357. And this he says does regulate the Parliaments of Ireland according to the Institution of England for before this time the great Meetings in Ireland were rather general Assemblies of the Great Men than properly Parliaments I find it asserted in the Argument of a Case about the Precedency of the Lord of Kerry before the Lord of Slane 12 Jac. 1. that the first regular Parliament in Ireland was held anno 12 Edw. 3. but I do not find any other Authority that there was any Parliament held that Year at all Certainly the greatest Assembly that was at any time in either of these King's Reigns at Parliament was anno 1302. being 30 Edw. 〈◊〉 the Number upon the Parliament Roll amounting to no less than one hundred fifty six The Parliament 8 Edw. 2. was nevertheless more considerable because of the Quality of the Persons for there were the four Archbishops ten Bishops the Abbot of S. Thomas the Prior of Kilmainham and the Dean and Chapter of Dublin There were also many Irish Lords as O Hanlon Duke i.e. Dux Captain or Chief of Orry O Donel Duke of Tyrconnel O Neal Duke of Tyrone c. and almost all the English Nobility in Ireland Others make a distinction between Grand and Petit Parliaments Lib. M. Lambetâ— the former were properly Parliaments and in them the
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
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
his Reward And this is all I find done in Ireland during this Kings Reign 1485. which ended at the Battel of Bosworth on the two and twentieth Day of August 1485. THE REIGN OF HENRY VII King of England c. And LORD of IRELAND HENRY TVDOR 1485. Earl of Richmond Heir of the House of Lancaster by the Victory at Bosworth obtained the Crown of England and had the more solemn Possession of it at his Coronation on the thirtieth Day of October following To these two Pretences of Conquest and Possession he added the more specious Title of an Act of Parliament and yet thought himself not secure until he married Elizabeth Daughter of Edward IV in whom the Right really lay she being Heiress of the House of York However he governed as in his own Right and that so absolutely that he suffered not the Queen to intermeddle in State Affairs even so much as was usual for the Wife of a King Gerald Earl of Kildare whom he found Deputy to the Earl of Lincoln Wares Annals 2. he continued Deputy to the Duke of Bedford he also continued the Chancellor Treasurer and other Officers of State whom he knew partial to the White-Rose without joyning others of his own Party with them because he would theâ—eby insinuate That he had a Confidence in their Integrity and that he was elevated above Fear or Suspicion Nevertheless Sir Thomas Butler Earl of Ormond whose Family were fast Friends to the House of Lancaster and for which they had suffered exceedingly was not neglected but was by Act of Parliament in England restored both to Honour and Estate and soon after he was sworn of the Privy Council in England Lib. G. Lamb. And it seems that the Family of Desmond was also restored because I find that the Lord of Kerry did this Year recover some Lands in that County by Assize in the Court-Palatine there before Thomas Copinger Gent. Seneschal of the Liberties of Kerry unto James Earl of Desmond I should not have observed that Edmond Courcy was now made Bishop of Clogher but that he was the first Englishman that ever sat in that See There is not much mention made of any Disturbances this Year Ware 3. except that remarkable Contest between James Keating and Marmaduke Lumley about the Priory of Kilmainham Keating had been deprived by the great Master of that Order anno 1482 being accused of pawning or selling divers Ornaments of the House and particularly a Piece of the Cross and for alienating and incumbring the Revenues of the Priory and Lumley was substituted in his room but as soon as Lumley arrived at Clantarfe to take possession of his new Dignity Keating with a Company of Men came thither and took him Prisoner and detained him in Custody until he resigned all the Writings and Instruments of his Election and Confirmation and then Keating gave him the Preceptory of Kilsaran in the County of Louth But Lumley complained of this Usage as well to the King of England as to the great Master of the Order at Rhodes and at length prevailed to get Keating excommunicated whereas he was so inraged that he turned Lumley out of his Preceptory by Force and put him in Prison in spight of Octavianus de Palatio Archbishop of Armagh who did his Endeavour to protect Lumley It is probable that Lumley died in Prison because we hear no farther of him and because it is certain he never came to be Prior And as for Keating although he did make a shift to keep the Priory almost nine Years afterward by strong Hand yet at last he was ignominiously ejected and died in Poverty and Disgrace being succeeded by James Vale. It became a Question this Year in England 1 Hen. 7. 4. b. How the Attainder of this King should be taken off but it was unanimously resolved by all the Judges That the Possession of the Throne or the Assumption of the Royal Dignity did take away all Imperfections Incapacities and Attainders whatsoever And it is observeable that the Judges say The taking upon him to be King did all this for the Crown did not Descend to Henry VII because he was not the true Heir but afterwards married her that was so Nor can any thing properly descend to a person attainted because the Blood is corrupted so that he cannot be Heir to any Body But the King perceiving that the Faction of York was at work in Ireland 1486. sent for the Lord Deputy to repair to him into England but he being loath to undertake that Journey procured Letters from the Council June 4. importing That his Presence was so necessary in Ireland that he could not at present be spared from that Government And by these Means he excused himself for a while In the mean time Lambert Symnel a Youth of a lovely and fascinating Countenance and of a princely Behaviour was well instructed by a crafty Priest Sir Richard Symon to personate the Earl of Warwick only Son of George Duke of Clarence for which Duke being their Countryman born the Irish had a wonderful Respect as indeed they had generally for all the Family of York This Youth had learned his Lesson so well that Margaret Dutchess of Burgundy resolved to set him up against King Henry although there were two great Flaws in this Contrivance The one was That the true Earl of Warwick was in King Henry's Hands in the Tower of London The other That he was not right Heir to the Crown because there were Children of King Edward the Fourth still living Nevertheless she sent this Counterfeit Prince to Ireland where he met with all the Countenance he could desire as well from the Lord Deputy as from almost all the rest of the Nobility Gentry Clergy and People the Archbishop of Armagh the Bishop of Clogher and the Families of Butler and S. Lawrence and the City of Waterford only excepted And though the King caused the true Earl to be taken out of the Tower and shewn publickly in London which marred all their Designs there yet the Irish were not thereby Discouraged but confidently accused the King of Imposture as he did them and therefore that Project was not so effectual to him as was another of getting a Bull from the Pope requiring the Clergy to excommunicate the Rebels as often as the King should desire it which did him a great deal of Service But Mac Mahon took advantage of these Stirs and invaded Louth which he burnt and preyed according to the Custom of making War in those Days he destroyed twenty eight Villages in that Country And the Tempest was no less fatal to Vlster where it rooted up Trees and threw down Houses In May the Dutchess of Burgundy sent over two thousand Germans under the Command of Martin Swart an old Soldier with them there came the Earl of Lincoln the Lord Lovel and others and were kindly received and lovingly entertained by the Nobility Gentry and People of
them to new Disturbances And accordingly the Earl of Desmond the Archbishop of Cashel the Bishops of Cork and Waterford and many other of the principal Men of Munster were pardoned and the Liberties and Charters of Youghal were restored and confirmed and their Priviledges enlarged In the mean time dyed Rowland Fitz-Eustace Baron of Portlester who at several times had been Deputy Chancellor and Lord High Treasurer of Ireland which last Place held thirty eight Years And about the same time died Cnoghor mac Trelagh O Brian Chief of Thomond and was succeeded by his Brother Gil duff by Popular Election according to the Custom of Tanistry But it is time to return to Perkin Warbeck whom we left in the Arms of a fair Lady in Scotland that King had already made several Essays in favour of this supposititious Prince but now his Affairs pressed him to make a Peace with the English which King Henry would not hear of unless Perkin were delivered up It was therefore necessary for the Impostor to seek new Quarters 1497. And therefore being secretly supplied by the King of Scotland with Necessaries for his Voyage he embarqued with his Wife and Family and landed safely at Cork the twenty sixth of July he could not have pitcht upon a Place more prone to Rebellion at that time but curst Cows have short Horns and their Ability was not suitable to their Inclinations however he listed one hundred and twenty Soldiers and by the Aid or at least Countenance of the Earl of Desmond he got Conveniences for their Transportation And so finding the Earl of Kildare so firm and potent that no good was to be done in Ireland and receiving an Invitation from the Cornishmen he sailed directly to Cornwal in September and landed safely at Whitsand-bay The City of Waterford which for its loyalty to the Crown against Lambert Symnel had received great Favours and Priviledges from his Majesty was now altogether as vigorous against Perkin and by its discreet behaviour in this Affair well deserved the Motto Intacta manet Waterfordia That City manned out four Ships and sent them in pursuit of Perkin but Fortune did not favour that Generous and Loyal Design This Impostor being thus arrived in England took upon him the Name of Richard IV King of England and as such behaved himself and acted his Part so well that he would often lament the Destruction of his People and would frequently bemoan the Tyranny and Oppressions they lived under which sort of Deportment took with the common People exceedingly insomuch that some thousands of them came to him at Bodmin with them he besieged Excester and assaulted the City with great vigour and Resolution which the Couragious and Loyal Citizens by the help of some of their Country Neighbours as valiantly defended Hereupon Perkin raised the Siege and marched to Taunton and although the Cornishmen continued resolute to conquer or dye yet Perkin perceiving their Courage was greater than their Strength and finding that the King's Army did daily increase whilst his did decrease he privately withdrew to the Sanctuary of Beaulieu in Hampshire and afterwards surrendred himself and being imprisoned in the Tower he made his escape once and attempted it the second time and was therefore together with his Friend John Waters Mayor of Cork hanged at Tyburne where he confirmed the Confession he had formerly made which was to this effect I Being born in Flanders Campion 104. in the Town of Turney put my self in Service with a Britton called Pregent Meno the which brought me with him into Ireland and when we were there arrived in the Town of Cork they of the Town because I was arrayed with some Cloaths of Silk of my said Masters threeped upon me That I should be the Duke of Clarence's Son that was before time at Divelin and forasmuch as I denyed it there was brought unto me the Holy Evangelists and the Cross by the Mayor of the Town called Ino Lavallin and there I took my Oath That I was not the said Duke's Son nor none of his Blood After this came to me an Englishman whose Name was Stephen Poytow with one John Walter and sware to me That they knew well that I was King Richard's Bastard-Son to whom I answered with like Oaths That I was not and then they advised me not to be afraid but that I should take it upon me boldly And if I would so do they would assist me with all their Power against the King of England and not only they but they were assured That the Earls of Desmond and Kildare should do the same for they passed not what part they took so they might be avenged on the King of England and so against my Will they made me to learn English and taught me what I should do and say And after this they called me Richard Duke of York second Son to Edward IV because King Richard's Bastard-Son was in the Hands of the King of England And upon this they entred into this false Quarrel and within short time after the French King sent Embassadors into Ireland viz. Lyot Lucas and Stephen Frayn and so I went into France and thence into Flanders and thence into Ireland thence into Scotland and so into England again But let us return to the Affairs of Ireland 1498. which were briskly managed by the Lord Lieutenant He called a Parliament at Trim which met on the twenty sixth of August in the fourteenth Year of the King's Reign which must be anno 1498. and not 1499. as it is mistaken in the printed Statutes for the King began his Reign the twenty second Day of August 1485. There is but one Act of this Parliament extant and that is To make all the Statutes in England about the Officers of the Custom-house to be of force in Ireland after Proclamation at Dublin and Drogheda A very needless Law certainly since it could have but four Years retro-spect all former English-Statutes being ratified here by Poyning's Act of 10 Hen. 7. cap. 22. In the mean time Henry O Neal who had murdered his Brother Con was this Year served in the same kind by Tirlagh and Con Sons of the former Con And not long after the Lord Lieutenant invaded Vlster in favour of the aforesaid Tirlagh O Neal who was his Nephew by the Mother he was joyned by O Donel Macguire and all Tirlaghs Friends and effectually besieged Dungannon took the Castle and set at Liberty all the Prisoners that Neal mac Art O Neal kept there and forced Neal mac Art himself to submit and give Hostages The Vlster Expedition being over the Lord Deputy in October marched to Cork where he placed a Garrison and forced the Inhabitants of that City and of Kingsale to swear Allegiance and to bind themselves thereunto both by Indentures and Hostages which it seems he thought were stronger Obligations upon them than their Oaths After his return in the beginning of March Ware 's Annals he held
another Parliament at Dublin by the Title of Lord Deputy to Henry the King 's second Son who it seems was about this time made Lord Lieutenant but there is no Record remaining of what they did except some Amercements or Fines they imposed on some that were summoned to that Parliament and did not appear The Lord Deputy began the Year 1499 with an Expedition into Connaught 1499. where he took the Castles of Athleage Roscomon Tuilsk and Castlereagh and placed Garrisons in them And in the mean time Tirlagh O Brian who after the Death of Gil-duff was Chief or Lord of Thomond had great Contests with Sir Pierce Butler about Preys and Bounds of Land which according to the Custom of these Times centred in a Battle wherein the Butlers were defeated and the Sovereign of Kilkenny was slain It seems that there was another Parliament held at Castledermond which Town I suppose was then and still is belonging to the Earls of Kildare on the twenty sixth of August which gave the King and his Heirs an Impost of twelve Pence per Pound of all Merchandize imported to be sold here Irish Stat. 43. Wine and Oyl excepted And it is probable That there were some Orders if not Acts That the Nobility should ride on Saddles Ware 's An. 60. according to the English Custom and should wear their Robes in Parliament And both the Clergy and Laity gave the King a Subsidy The Printed Book of Statutes has only the first of these Acts and places the Parliament in anno 1500. which is undoubtedly a Mistake And Sir James Ware ascribes the aforesaid Act against Customers to this Parliament which is also a Mistake And both these Oversights will appear and 〈◊〉 rectified if you rightly consider the beginning of the King◠Reign the twenty second of August 1485. and that the Earl of Kildare was Lord Lieutenant 14 Hen. 7. when 〈…〉 Act was made and was Lord Deputy when the later 〈…〉 sate And that this change of his Title happened 〈…〉 later end of the Year 1498. It seems that the Male-contents in Ireland having los◠their beloved Idol Perkin Warbeck would not so give out but were active to set up the Bastard-Son of Richard the Third or some body that should personate him but it came to nothing And so we are come to the Year of Jubile 1500. which concludes the Fifteenth Century and brought with it large Indulgences from the Pope Alexander the Sixth to be distributed by his Agent Gasper Pow to all the King's Subjects who would contribute to the War against the Turks but if we may believe Polydor Virgil the Irish had the good Manners to thank the Pope for his Favour and the Wit to keep the Money in their Purses But the Lord Deputy made another Expedition into Vlster probably in favour of his Nephew Tyrlogh O Neal for as soon as he had taken the Castle of Kinard he made Tyrlogh Governor of it and returned On the First of August the Charter of Cork was restored and their Priviledges enlarged by a new Charter which was followed by a sad Accident for David Barry Arch-Deacon of Cork and Cloyne murdered his own Brother William Lord Barry and was himself serv'd in the same kind by Thomas Barry and his Body taken out of the Grave and burnt by Command of the Earl of Desmond And so we must close this Century with the accidental and unfortunate Conflagration of the Town of Galway which was first governed by a Provost then Sovereign and Bayliffs then Mayor and Bayliffs and now by Mayor and Sheriffs and with very wet and bad Weather which continued from the middle of September to the End of Winter Leinster and Munster were indifferent quiet all this Year 1501. but Vlster and Connaught were far otherwise one of the O Connors took the Castle of Sligo by Assault and many private Murders were committed in Vlster O Neal also and the Scots had some Bickerings near Armagh on the 17th of March to the Damage of the later who lost four Captains and sixty Souldiers and to this time we must refer these Bald Verses representing the miserable Estate of Armagh Civitas Armachana Civitas vana absque bonis moribus Mulieres nudae Carnes crudae Paupertas in Aedibus The next Year produced a General Murrain amongst the Cattel all over Ireland and many Murders in Vlster upon private and frivolous Quarrels But in the beginning of the Year 1503. 1503. the Lord Deputy went to England leaving Walter Fitz-Symons Archbishop of Dublin Lord Deputy but he staid not above three Months in England for having done his Business to his Mind he return'd in August with great Honour and new Instructions Girald Earl of Kildare Lord Deputy being returned did about the latter end of Autumn make another Expedition into Vlster where he took and destroyed the Castle of Belfast and placed one Stanton and a good Garrison in Carigfergus and then marched back to Dublin In the mean time Theobald Burk Proprietor of Muskry-Cuirk in Munster was slain in a Skirmish with Donough O Carol and Cornelius O Dwyer but another of the Burks had better Fortune in Connaught for he defeated Malachiah O Kelly and all his Party On the 18th of February Girald Fitz-Girald the Lord Deputy's Eldest Son was made Lord High Treasurer of Ireland of whom we shall read more hereafter But the Irish Lords finding themselves too weak separately to oppose Kildare as they used to do to other Governors many of them confederated together the Principal of them was Vlick Burk Chief of Clanricard commonly called Mac-William Tyrlogh O Brian Chief of Thomond Melrony O Carol c. and got together the greatest Army that had been in Ireland since the Conquest whereof the Lord Deputy having notice he also assembled his Forces and being accompanied by the Lords of Gormanstown Slane Delvin Killen Houth Trimletston and Dunsany John Blake Mayor of Dublin O Donel O Reyly Ware 71. the Bishop of Ardah the Gentlemen of Annaly now Longford and some Townsmen of Drogheda and some others from the North he marched into Connaught and on the 19th of August at Knocklow both Parties met and fought a bloody Battel 1504. which was for some hours very dubious but at last the Lord Deputy got the Victory with the Slaughter of four thousand of his Enemies nine thousand says the Book of Houth and he also took some Prisoners amongst whom the two Sons of Vlick Burk were the chiefest it is prodigious that not one Englishman should be so much as hurt in this mighty Battel and yet in the white Book of the Exchequer it is so recorded Holingshead 79 The Consequence of this great Victory was the Surrender of Gallaway and Athenry the Destruction of that whole Country and the overloading the Conquerors with Prey and Booty Kildare being returned bestowed thirty Tun of Wine upon his Souldiers and the King bestowed a Garter on him and made him a
Companion of The Order and though some say Davis 59. this War was commenced on private Distaste yet it is more certain that it determined to the Publick Advantage Walter Fitz-Symons Archbishop of Dublin was sent by the Lord Deputy and Council to give his Majesty an Account of this prodigious Success and to treat with his Majesty about other Matters of State He departed the 20th of September and performed what he had in Charge to the great satisfaction as well of the King as of those that sent him and in a little time return'd to Ireland with honour and applause In the mean time the King was importunate with Pope Julius the Second to Canonize his Predecessor King Henry the Sixth and in order to it he caused a Book to be written of his Virtues and Miracles and had it Printed And the Pope recommended the Examination of the Matter to the Bishops of Canterbury London Durham and Winchester by his Bull which the Curious may find at large in Sir James Ware 's Annals pag. 73. But it seems nothing farther was done in it and this is certain That those who say he was a Good Christian do nevertheless allow that he was a bad King for first he lost France from England and then he lost England from himself And now a Provincial was indicted to meet at Tredagh in July but the Pestilence raging almost every where in Ireland but especially in Vlster the Synod was therefore translated to Ardee in the County of Louth and there for the same reason was suddenly dissolved This Plague was followed with a Famine 1505. by reason of the Wetness both of Summer and Autumn and it was but small Relief the great Charities of Walter Archbishop of Dublin and John Allen Dean of St. Patricks could at that time administer in the noble Foundation of a Hospital at S. Kevins in Dublin to which the Archbishop gave Ground and the Dean gave considerable Revenues The next Year was also unfortunate 1506. not only by the Death of John Payne Bishop of Meath who was a very hospitable Man but also by the accidental Burning of great part of Trim they say by Lightning which was at that time the most considerable Town in Meath But the Lord Deputy summoned a Parliament to meet at Dublin in October 1508. 1508. which it accordingly did and both the Clergy and Laity gave the King a Subsidy of thirteen shillings and four pence out of every hundred and twenty Acres of Arable Land Ware 81. The Deputy once more invaded Vlster in favour of his Kinsmen the O Neals 1509. he design'd to recover the Castles of Dungannon and Owny which he effected for the Castle of Dungannon surrendred upon the first Summons and the other he took and demolished and set at liberty Art Mac Con O Neal who was Prisoner there and thus stood the Kingdom of Ireland which Kildare kept in a better condition than it had formerly been in for he awed the Rebels by his Reputation which was obtained partly by his courage and the fierceness of his Humour and partly by his great and frequent Success and he secured the Pale by Castles and Fortifications built on the Borders which kind of Defence former Ages had too much neglected And so on the 22th day of April the King died at his Palace of Richmond in the four and twentieth Year of his Reign and the three and fiftieth Year of his Age. THE REIGN OF HENRY VIII KING OF England and France Lord and afterward King of IRELAND HENRY the Eighth the only surviving Son of his Father succeeded peaceably to the Throne of his Ancestors April 22. 1509. in the eighteenth Year of his Age In him both Roses were united for by his Father he was Heir to the Lancastrian Line and by his Mother to the House of York and so being without Competitor was the more capable to effect those great Designs which he afterwards undertook He found in the Government of Ireland Gerald Earl of Kildare whom he continued Lord Justice and the Year following made him Lord Deputy and on good Reasons for though Kildare was counted Rash and Unpolitick yet he was a Man of great Interest and Courage and his Name was more terrible to the Irish than an Army And here let me observe once for all That no Nation in the Word is more governed by Reputation and Appearance than the Irish the Common People are dejected by a Trifle and elevated for less than nothing And this Observation is manifestly justified by their frequent Submissions and their as frequent Rebellions and if any object their continued Obstinacy to the Irish Interest and Popish Religion it is easily answered That as their Fears are without Cause so their Hopes are without Reason and that their Hope 's exceeded their Fears is partly to be attributed to the Nature of Man facile credimus quod volumus but chiefly to the Noblemen and Clergy whose Interest and Business it was to keep the Mobile always in Expectation and to make them believe That one Day or other the Popish Interest would prevail The King unwilling to disturb an infant Government by unnecessary and disobliging Changes did likewise continue all the Officers of State in their Dignities who together with the Deputy and the Mayor Aldermen and Citizens of Dublin immediately proclaimed him King of England and France and Lord of Ireland with as much Formality and State as the time could afford which was followed with the Shouts of the People ringing of Bells and Bonfires as is usual and the like was done in the other chief Cities and Towns After which on the twenty fourth Day of June the King and the Queen were crowned at Westminster by Warham Archbishop of Canterbury Kildare being now made Deputy designed an Expedition into Munster 1510. he levied an Army in the Counties of Dublin Louth Meath and Kildare and was also assisted by Hugh O Donel Lord of Tyrconnel they marched into Desmond without Opposition burning and spoiling all as they went and there they took some Castles but as they returned slowly being loaden with Prey at Monetrar in the County of Limerick Ware 's Annals 87. they met with a great number of their Enemies led by James eldest Son of the Earl of Desmond Tirlagh O Bryan Chief of Thomond and Mac William a Lord of the Burks both Sides were resolved to fight which they did desperately to the great loss of both Parties especially of the Royalists who were tired with long Marches and overburthened with too much Prey and perhaps it had been fatal to them if the Night had not ended the Conflict which gave Kildare the Opportunity to make a safe Retreat the next Day without further Damage This Year there were so great Floods and Inundations 1511. that Trees Houses and Bridges were overturned in several Places Cahir O Connor Prince of Offaly was murdered by his own Followers near the Abby called
secret and of great forecast very staid in Speech dangerous of every Trifle that touched his Reputation Kildare was open and plain hardly able to rule himself when he was moved to Anger not so sharp as short being easily displeased and sooner appeased being in a Rage with certain of his Servants for Faults they committed one of his Horsemen offered Master Boice a Gentleman that retained to him an Irish Hobby on condition That he would pluck an Hair from the Earl his Beard Boice taking the Profer at rebound stept to the Earl with whose good Nature he was throughly acquainted parching in the Heat of his Choler and said So it is and if it like your good Lordship one of your Horsemen promised me a choice Horse if I snip one Hair from your Beard Well quoth the Earl I agree thereto but if thou pluck any more than one I promise thee to bring my Fist from thine Ear. But after all this simple Story is founded on a Mistake for the Earl of Ormond whose Name was Thomas lived in England in great Repute all the Reign of Henry the Seventh and afterwards until his Death anno 1515 and therefore the Person intended by the Story must by Sir James Ormond formerly Lord High Treasurer whom I have often mentioned in the Reign of the last King But this digression has been too long 1513. let us therefore return to the Lord Deputy whom we shall find animated with the last Years Success and resolved to invade Ely O Carol early in the Summer but his Preparations being great took up more time than he thought they would require but at last they were got ready and he began his March in August but at Athy he fell sick and from thence was removed to Kildare where on the third Day of September he died and was buried in Christ Church in Dublin to which he had been a liberal Benefactor And thus were the great Designs of this mighty Lord defeated even in the midst of his Career and at the very time when he promised himself most Glory and Success Gerald Earl of Kildare Son of the deceased Earl and Lord Treasurer was by virtue of the Act of Parliament formerly mentioned anno 10 Hen. 7. and by reason of his Place of Treasurer Spelm. Glos 334. made Lord Justice by assent of the Council But it seems that afterwards viz. 32 Hen. 8. there was a Statute made intituled An Act for the electing of the Lord Justice which restrained the Council from electing any body but an Englishman born and not in Orders The Lord of Slane was made Lord High Treasurer and Sir William Crompton Lord Chancellor and all other publick Matters were ordered as well and expeditiously as they could nevertheless so much time was taken up in these Alterations and in the Formalities of State that the Season was too far spent for any military Action this Year so that Daniel Mac william met with little Interruption in taking the Castle of Dunluce nor did the rest of the Irish find any Opposition this Winter but ravaged over the Country as they pleased However they paid dearly for it the next Spring For the valiant Earl of Kildare 1514. who was Heir to his Fathers Courage as well as to his Honour grew impatient at the Insolencies of O More and O Reyly and therefore resolved to attack them successively He began with O More and invaded the county of Leix and beat that Rebel and his Party into the Woods which being done he turned aside into the Brenny and took the Castle of Cavan and having slain Hugh O Reyly and many of his Followers he chased the rest into their inaccessible Fastnesses and then burnt and destroyed the Country and returned loaden with Booty William Viscount Gormanstown was the thirteenth of June made Lord Justice 1515. probably in the Absence of the Earl of Kildare who might then go to England to confer with the King about the Parliament designed to be holden in the Spring But however that be it is certain That Girald Earl of Kildare was by the King made Lord Deputy and on the twenty fifth Day of February held a Parliament at Dublin which by several Prorogations continued until the Thursday after Michaelmas 1517. Ware 92. This Parliament gave the King a Subsidy and made one good Act for those times viz. That no Man shall be compelled by Privy Seal to answer any Complaint in England until the Accuser enters into Recognizance in the Chancery of Ireland to pay the Defendant his Costs and Damages if he be acquit which very much abated that vexatious Course of Proceeding so that it is now obsolete and quite out of use On the third Day of August Ware 93. died Thomas Earl of Ormond at London he had been Embassador into France Privy-Counsellor in England and had Place in the English Parliament above all the Barons He was the richest Subject the King had and left forty thousand Pound in Money besides Jewels and as much Land to his two Daughters in England as at this Day would yield thirty thousand Pound per annum but he left no Issue Male to enjoy his Irish Estate which therefore descended to his Kinsman Sir Pierce Butler Earl of Ormond The Lord Deputy to repress the Incursions of the bordering Irish 1516. and to shew himself as fit for War as Peace invaded Imaly and slew Shane O Toole in Battle and sent his Head to the Mayor of Dublin Thence he marched into Ely O Carol where he was joyned by several Noblemen of Munster and Leinster of English Extraction and particularly by Pierce Earl of Ormond and James eldest Son of the Earl of Desmond and being strengthned with this Supply he undertook the Seige of Lemevan-Castle which the Garrison defended for a Week and then by Night deserted and left it to be demolished as it was by the Lord Deputy With this good Success he was encouraged to attempt the Town of Clonmel which he did with so much celerity that the Townsmen being surprized immediately surrendred upon Conditions And so the Deputy ended this Campeign and returned loaden with Hostages Prey and Glory It is worthy observation That the Irish had great Expectations of Advantage this Year by reason of a blind Prophecy generally believed among them Ware 95. That the poorest and weakest Sept in Ireland should this Year prove the most Powerful and Warlike It is probable that they were encouraged thereby to provoke the Lord Deputy to the aforesaid Expedition But however that be this is certain That Superstition hath been often fatal to the Irish Nation But Kildare finding it necessary to advance his Victorious Arms in Vlster 1517. reinforced his Troops and marched into Lecale where he took the Castle of Dundrum which had been very offensive to the neighbouring English thence he marched against Fylemy Macgenis whom he easily conquered and took Prisoner with the Slaughter of many of his Followers
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
until Fitz Girald could come to relieve it But the perfidious Governor Christopher Parese Fitz-Girald's Foster-Brother a white-Liver'd Traytor resolved to purchase his own security with his Lord's Ruine and to that end got Letters conveyed to the Lord Deputy importing that he would surrender the Castle upon certain Articles by him propos'd all which concerned only his own Profit without mention of his Safety The Lord Deputy readily accepted of the Offer and agreed to the Conditions required Whereupon Parese after some small Advantage they had got in a Sally caus'd the Garrison to rejoyce and carouse to that degree that they were all dead drunk and then upon a Signal given the English scaled the Walls and entred the Castle Captain Holland being one of the first hapned to leap down into a Pipe of Feathers and there stuck and Sir William Brereton being got in cried out S. George S. George whereat one of the Garrison awakened and shot at Captain Holland but he being rescued out of the Feathers by his Companions killed the Souldier After that there was little or no resistance and Sir William Brereton soon advanced his Standard on the Top of the Turret The Spoil and Plunder of this Castle was exceeding great and rich this being accounted the best furnished House belonging to any Subject in the Kings Dominions The Lord Deputy entred in the Afternoon before whom two Varlets James de la Hide and Hayward both Choristers prostrated themselves warbling a sweet Sonnet call'd Dulcis Amica their Melody sav'd their Lives which at the request of Chief Justice Ailmer the Deputy pardoned Parese expecting some great Reward with abundance of Confidence and Familiarity presented himself before the Deputy who told him That he was to thank him on the King's behalf for his Service which saved much Charge and many Lives and doubted not when the King was acquainted therewith he would provide for him during his Life and the better to advise the King how to reward him he desired to know what Fitz-Girald had done for him Parese set agog with this Discourse recounted the most minute instances of Fitz Girald's Liberality to him upon which the Deputy reply'd And how Parese couldst thou find in thy heart to betray the Castle of so kind a Lord And turning to his Officers he bids them pay him the Mony and then to chop off his Head Had I known this quoth Parese your Lordship should not have had the Castle so easily Whereupon one Mr. Boyse being by cried out Auntraugh i. e. too late which occasion'd the Saying often us'd in Ireland Too late quoth Boyse In the mean time Fitz-Girald by the aid of O Connor and others had got an Army of seven thousand Men with which he design'd to raise the Siege of Minooth but upon News of its Surrender his Army deserted him daily and mouldred away almost to nothing Reputation as I observed before much governing the Irish and perhaps all the World beside with the few that were left he marched to Clane and the Deputy leaving Brereton Governor of Dublin marched to Naas where he took sevenscore of the Rebel Gallowglasses whom upon notice of Fitz-Girald's Approach the Deputy commanded to be slain only Edmond Oleme escaped stark naked to his Master Fitz-Girald There was a Bog between both Armies so that the Horse could not skirmish but the Deputy with his Artillery easily broke and scattered Fitz-Girald's inconsiderable Troops put them to flight slew many and took some Prisoners After this Defeat 1535. Fitz-Girald never appeared at the Head of any considerable Army but by small Parties would now and then make some slight Excursions and particularly after the Surrender of Rathingan which hapned in the beginning of the Year he caused a Drove of Cattel to appear near the Town early in the Morning and the English believing that the Cattel strayed that way and might easily be made Booty most of the Garrison sallied to that intent and were intercepted by an Ambush and slain Another time he burnt a Village near Trim and sent two or three of his Men clad like the English Soldiers to Trim and pretending that they were Captain Salisbury's Men they told the Garrison that the Rebel Fitz-Girald was burning the Village Whereupon most part of the Soldiers sallied out and were killed On the 11th of May the Lord Butler was created Viscount Thurles and Admiral of Ireland and on the twenty first his Father the Earl of Ossory and he were made Governors of the Counties of Kilkenny Waterford and Typerary and the Territories of Ossory and Ormond and they promised to do their utmost endeavour to recover the Castle of Dungarvan and to resist the Vsurpations of the Bishop of ROME Lib. H. Lambeth which is the first Engagement I have met with of that kind It seems that the Lord Grey had been sent to England for Supplies and that he now returned with Horsemen and Archers under Sir William Senlo Sir Rice Mansel and Sir Edward Griffith who were conveniently garrisoned in the Pale for I find by a Letter of the twenty first of August to the Lord Cromwel from Chief Justice Ailmer and Allen Master of the Rolls that the Lord Grey Landed the twenty ninth of July and that they came on shoar the first of August and were exceedingly surpriz'd at the alteration they found in the Country for that six of eight Baronies in the County of Kildare were burnt and depopulated and so likewise was part of Meath and that Sir William Brabazon at the Naas was the Man that prevented the total Ruine and Desolation of the Country That Powerscourt which cost five thousand Marks was ruin'd by the Birns and Tools That Fitz-Girald had regain'd Rathingan by the Treachery of the Ward but that he quitted it upon approach of the Army and the Lord Deputy might have surpriz'd him in it if he would or had been as diligent as he ought That O More who joyn'd with the English had so posted his own Men and the Kings that the Rebels were surrounded and Fitz-Girald could not have escaped if a Brigade of the English had not quitted their Station however Burnel of Balligriffin was taken and was afterwards hang'd at Tyburn That the Pestilence raged at Dublin and that the Lord Deputy designed to quarter a thousand Kerns for three Months on the Pale which would ruine it but their Arrival with Money alter'd that to a Cess for this Expedition only whereunto the People chearfully consented That they had engaged Cahir O Connor against his Brother by allowing him twelve Horse and one hundred and sixty Kerns in his Majesties Pay That the Deputy is sick and not able to defend Minooth where he lodges but suffers his own Cattle to be taken from the very Gates That there is no hope of O Neal's Loyalty since he gave no Hostages and finally this Letter highly extols Sir William Brabazon the worthy Ancestor of the Earl of Meath as the Saviour of the
grand Captain four shillings a petit Captain two shillings and an hundred Harquebusses I suppose on Horseback half at eight pence and the other half at nine pence a day makes three pound sixteen shillings and ten pence per diem and an hundred and seven pound eleven shillings and four pence per mensem and per annum 1402 04 02. Mr. Brereton's Retinue a grand Captain four shillings a Captain three shillings a petit Captain two shillings and an hundred and fifty Archers at six pence apiece is four pound four shillings per diem and one hundred and seventeen pound twelve shillings per mensem and per annum 1533 00 00. The Knight Marshal's Retinue a grand Captain four shillings and twenty nine Horsemen at nine pence a day is one Pound eight shilling per diem eleven Pound eighteen shillings per mensem and per annum 0511 00 00. Clerk of the Cheques Retinue ten Horsemen at nine pence and himself a shilling is eight shillings six pence per diem eleven Pounds eighteen shillings per mensem and per annum 0155 02 06 The Treasurers Retinue forty Horse at nine pence and himself at six shillings and eight pence per diem is per annum 0669 03 04 The Lord Deputy's Stipend is per annum 0666 13 04 Master of the Ordnance's Stipend per annum 0048 13 04 Charge of the Ordnance besides what comes out of England is per annum 0040 00 00 7982 06 08 It seems the reason why they had so little Foot was because the Lords and Gentlemen of the Country were bound by their Tenures to assist the King with a certain number of Men at every Hosting or rising out as they call it and as for the Artillery it was so contemptible that I find by one of the Letters from the Council at the Camp that the Army had but one broken Piece and therefore they desire another may be sent them But before we proceed farther in the Affairs of Ireland it will be fit to pay that respect to the Memory of the late Lord Deputy the Lord Grey as to give some Account of his Misfortunes and Destiny He had certainly performed considerable Atchievments in Ireland and great Commendations of him are contained in most of the Letters from the Council to the King and his Majesty did so well approve of his good Services that he Created him Viscount Grany and although the Earl of Ormond the Lord Chancellor Allen the Vice-Treasurer Brabazon and Sir John Travers went with him or immediately followed him into England to impeach him yet he was kindly received by the King and and carried the Sword before him on Whitsunday Nevertheless he was in a short time after imprisoned in the Tower and accused of very many Articles the principal of which are these First That O Connor feasted him and mended Toghercroghan for him and that in favour of O Molloy a Rebel he took a Castle from Dermond O Molloy whose Father-in-Law O Carol was a good Subject for which the Lord Grey had a Bribe and Stephen ap Harry had twenty Cows Secondly That he took the Castle of Bi r from a Loyal O Carol and gave it to a Rebel O Carol who married the Earl of Kildare's Daughter and also took Moderhern a Castle belonging to the Earl of Ormond and gave it to the Rebel O Carol and wasted the Earl of Ormond's Lands for which he had an hundred and forty Kine and Stephen ap Harry had forty and Girald Mac Gerrot had a black Hackny Thirdly That he took forty Kine from O Kenedy a Tenant of the Earl of Ormond's and his Son for Hostage Fourthly That he held secret and private familiar Correspondence with James of Desmond and went to visit him in his Tents in his Night-Gown and forced the Abbot of Owny to give him forty Pounds sterling to preserve that Abby from Ruine and O Brian to give him thirty Kine and Hostages Vlick Bourk a Bastard gave him 100 Marks to have Ballimacleere-Castle and to be made Mac William and that he carried the Artillery in a small Vessel to Galway and made the Town of Galway pay thirty four Pounds for that Carriage Fifthly That the Exploits at Bryans Bridge c. were in favour of O Bryan a Rebel Desmond's Son-in-Law and to the prejudice of Donough O Bryan a good Subject and that he took a Bribe of eighty Kine from Macnemarra Sixthly That trusting Desmond and O Bryan he hazarded the King's Army in a long and dangerous Journy wherein Desmond quarrelled and deserted him and O Bryan sent but one man with a Battle-Ax to guide him Seventhly That he rifled the Abby of Ballyclare and left neither Chalice Cross nor Bell in it Eighthly That he destroyed the Castles of Lecagh and Derriviclaghny in favour of Vlick Burk though the rightful Proprietor offered Submission and Rent to the King Ninthly That he had secret Conference with and received a Horse from O Connor Roe who was the chief Instrument in conveying away the young Fitz-Girald Tenthly That he took eighty Kine from O Maddin and forced O Mlaghlin's Son from Mr. Dillon whose lawful Prisoner he was for which he had seventy Kine And there was a Commission sent to Ireland to examine Witnesses and they say that these Articles were proved by the testimony of above seventy Persons whereof some were of Quality that is some of them swore to one Article and some to another so that the Lord Grey who was Son to the Marquess of Dorset and Viscount Grany in Ireland but no Peer in England being tried by a common Jury thought it his best way to confess the Indictment in hopes of the King's Grace and Pardon but in that he was mistaken and although his Services did infinitely over-balance his Faults yet he was publickly Executed on the twenty eighth day of July 1541. There are four other Articles mentioned by others Holingsh 102. to be laid to his Charge Ware 162. 1. His Partiality to his Nephew Fitz-Girald afterwards Earl of Kildare whom they say he might have taken 2. That his Servants pillaged the Gentlemen in Munster that entertained them 3. That he had inveigled Thomas Fitz Girald to submit by Promises which he had no Commission to perform and that he did it to destroy that Lord that his own Nephew might come to be Earl of Kildare as afterwards he did 4. His Sacrilege at Down But however that be it was not long after his Execution before a Commission was directed to Archbishop Brown and Cowly Master of the Rolls to make an Estimate or Survey of the Lord Grey's Estate in Ireland and to deliver it to the Lord Deputy Saintleger to be disposed of as the King shall direct Sir William Brereton 1540. Marshal of Ireland was sent by the Lord Deputy into Munster to take the Submission of James Fitz-John Earl of Desmond and to bring him to Dublin but the Marshal died at Kilkenny nevertheless the Earl on the
Title of Captain General brought over six hundred Horse and four hundred Foot whose Pay came to twelve hundred and twenty six Pound per Month viz seven hundred and seventy Pound for the Horse and four hundred fifty six Pound for the Foot and about Midsummer they landed at Waterford and being joyned by the Lord Deputy they invaded the Countries of Leix and Offaly and proclaimed O More and O Connor Traytors and having dispersed the Forces of the Rebels the Lord Deputy repaired the Fort of Dingen and built the Fort of Campaum alias Prolector now called Maryburgh whereupon O More and O connor were forced to submit and Bellingham was knighted and made Marshal of Ireland The Castle of Athloan was likewise repaired and garrisoned by Special Orders from England and the Vice-Treasurer Brabazon had the Care and management thereof and performed it effectually in spight of the great Opposition he met with from Dominick O Kelly and other Great Men of Connaught And this auspicious Year did also produce the mighty Victory which the English obtained over the Scots at Mussleburgh But as the Reformation proceeded in England 1538. so the Popish Zeal and Superstition increased in Ireland Ware 180. and the Pale it self began to be disturbed with it for Richard Fitz-Eustace and Alexander his Brother Sons of the Viscount Baltinglass were busie forming a Rebellion in the County of Kildare but the Presence of the Lord Deputy without Blows brought them to a Submissiom and stifled this Infant Conspiracy in the Cradle and it was well it did for this rebellious Distemper was very infectious and in a little time would have spread over the whole Kingdom the Lord of Baltinglass himself was a little tainted with it but by the means of Sir Edward Bellingham when Lord Deputy the Viscount was pardoned In the mean time the Lord Deputy Saintleger was sent for to England and carried with him O More and O Connor as Prisoners but upon their Submission they were received into Favour and honoured with a Pension of one hundred Pound per annum out of the Exchequer during their Lives which O More enjoyed not very long for he died within the Year suddainly at London Sir Edward Bellingham who had been sent into England with an Account of the Submission of the County of Kildare was now sent back Lord Deputy he landed at Dalkye on Whitson-Eve and two Days after he received the Sword at Christ-Church according to Custom He was a Zealous Protestant and a brave Soldier and by his means Sir John Allen was again made Lord Chancellor As soon as he was setled Davis 62. he marched into Leix and Offaly against Cahir O Connor and others that were brewing new Treasons there and forced them to submit and brought the Country to that degree of Subjection that he is said to be the first Man since Edward the third's time that enlarged the English Borders beyond the Pale and from Offaly the Lord Deputy marched to Delvin against Mac Coughlan whose Country he totally destroyed The Lord Deputy had express Orders to set up a Mint at Dublin which he did but it continued but a very little time for want of Bullion And this Year on the twenty second Day of April the City of Dublin which at first was governed by a Provost and by King Henry the Third subjected to a Mayor and Bayliffs and by Henry the Fourth was honoured with a Sword obtained their Bayliffs to be changed into Sheriffs and John Rians and Robert Eyons were the first two Sheriffs that were chosen or appointed for that City In the mean time Sir Francis Bryan who had married the Countess Dowager of Ormond and was made Marshal of Ireland and Governour of the Counties of Typerary and Kilkenny could by no means agree with the Lord Deputy their Differences grew at length to that height that Sir Francis impeached the Lord Deputy in England and prevailed to have him sent for to answer the Accusation But whilst that affair was transacting Ware 182. Teige O Carol plyed his own Business diligently and after a stout Defence he took and demolished the strong Castle of Nenagh and drove the English out of that Country In Vlster Manus O Donel quarrelled with his Son Calvagh and at length it came to Blows so that on the seventh Day of February Calvagh was routed and Manus Mac Donough O Cahan and many of his Followers were slain In the Lower Delvin Teige Mac Mlaghlin and Edmond Fahy with their united Forces did all the Mischief they could and almost totally destroyed that part of Mac Coughlans Country Nevertheless the Lord Deputy sent an Irish Brigade under the command of Donough O Conner accompanied with the Sons of Cahir O Connor to aid the King in his War against Scotland On the eighteenth of November Cormock Roe O Connor who was proclaimed Traytor came to Dublin and with Tears in his Eyes begged Pardon of the Lord Deputy and Council in Christ-Church and had it But being of a turbulent Spirit he soon after relapsed into Rebellion and being taken by the Earl of Clanrickard he was sent to Dublin and hanged so true is that Observation of Caesar Williamsons Nec gentem ullam reperies Cui peccare slere magis naturale est It is worthy Observation Holingsh 109. That though the Earl of Desmond for his Quality and vast Estate was made Lord High Treasurer yet he was not of the Privy Council nor indeed qualified to be so for he was Rude and Savage both in Apparel and Behaviour he had neither Learning nor Manners but lived after a barbarous fashion in the Country among the Wild-Irish and perhaps had not so much as a Glass-Window to his Houses and yet he was the best landed Subject in the King's Dominions About Christmas the Deputy sent for him to Dublin but he refusing the Lord Deputy himself with about twenty Horse made that haste to Munster that he took the Earl sitting by the Fire in his own House not at all suspecting that Expedition And it was well for him that he was so surprized for he was not only brought to Dublin and instructed in his Duty to his Prince and in good Manners and Civility towards his Fellow-Subjects but was also by the Lord Deputy's means pardoned and restored to the King's Favour so that he continued a good Subject ever afterwards during his Life and was so grateful to his Benefactor the Lord Deputy that he would pray for him constantly after every Meal And now it happened that the Earl of Tyrone Macguire Fylemy Roe O Neal 1549. and others referr'd all their Differences to the Lord Deputy and Council who on the twentieth day of June made their Decree wisely ordering Independency on O Neal. Therere are Copies of all these Decrees at Lambeth Lib. D. And they are to the same effect as that of Macguire's viz. Quod erit liber Ware 184. exemptus ab omni subjectione
aut servitio dicto Comiti Tyrone suisque Haeredibus impendendo ac immediate parebit obediet Domino Regi sub ejus pace defensione perpetuo remaenebit suaeque Celsitudini de tempore in tempus solvet Bonagium Bonnaught caetera omnia Debita quoties ad id per Dominum Deputatum Concilium requisitus rogatus fuerit c. And on the eighteenth of July the like Order was made between O Donel and his Sons and several Proprietors of Tyrconel and O Donel's Authority was limited and both Parties were obliged to obey the Order on pain of forfeiting all their Estate And about the same time Brian Mac Mahon and Hugh Oge made their Submissions at Kilmainham and were pardoned the five hundred Marks they had forfeited by breach of their former Articles Lib. D. In the mean time the Scotch Islanders sent some Forces to the assistance of the Irish in Vlster but Andrew Brereton with five and thirty Horse met with two hundred of them and defeated them with great slaughter and by his good Conduct quieted Vlster and was therefore made General or Governor thereof But the Lord Deputy being recall'd took Shipping at Houth on the 16th day of December and being offered Testimonials of his good Government from the Council he modestly refused saying That if his Innocence would not defend him he would use no other Remedy than his Belief of the Resurrection of the Dead He was certainly a brave Man and an excellent Governor and would have been sent back with Honour if his Infirmities whereof he died the next year had not prevented it Sir Francis Bryan 1549. Lord Justice was chosen by the Council on the twenty 7th day of Decemb and sworn at Christ-Church in Dublin on the 29th but he enjoyed this Honour but a little while for the County of Typerary being infested by O Carol the Lord Justice made a Journy thither in favour of the young Earl of Ormond who was but twelve years old to protect the Country and on the second of February died at Clonmel whereupon Sir William Brabazon Lord Justice was elected by the Council he committed the Government of the County of Typerary to Edmond Butler Archbishop of Cashel and made a Journy to Limerick where Teig O Carol submitted and entred into Covenants of paying a yearly Tribute into the Exchequer and of serving the King with a certain number of Horse and Foot at his own charge and of renouncing his Pretences to the Barony of Ormond and afterwards the same Teig O Carol surrendred to the King his Country of Ely O Carol containing ninety three Plow-Lands and a half and the King re-granted the same to him and Created him Baron of Ely and by O Carol's means Mac Morough O Kelly and O Mlaghlin were now taken into Protection and Pardoned and by the Lord Deputy's Mediation the Earls of Desmond and Thomond who were wrangling about Bounds and the protection of each others Tories or Out-laws were reconciled on the eleventh of March Lib. D. and about the same time Dermond O Sullevan a great man in the County of Cork was together with his Castle or dwelling-House accidentally blown up by Gunpowder and his Brother Amalfus who succeeded him was likewise not long after killed But Bulloign being restored to the French on the twenty-fifth day of April 1550. the King was thereby enabled to send eight thousand Pound of the Money received there and four hundred men of that Garrison into Ireland which he did And thereby the Lord Justice was put into a Condition of pursuing Charles Mac Art Cavenagh Ware 188. who was again in Rebellion and was proclaimed Traytor and the Lord Justice acquitted himself so well in that Matter August that he killed many of Cave-nagh's Followers and burnt the Country But the French King hearing that the English marched an Army into Scotland lookt upon that Assault of his Ally as a Breach of the Peace with him and therefore sent an hundred and sixty small Vessels with Ammunition and Corn to assist the Scots it hapned that sixteen of them were shipwrackt on the Coast of Ireland however the King of England to obviate any Designs the French might have against his Dominions set forth a Fleet of twenty Ships and Pinnaces under the Lord Cobham which guarded two Harbors on the South and one in the North toward Scotland On the twenty third of October Richard Butler second Son of Pierce Earl of Ormond was Created Viscount Mountgarret and a little before that viz. on the tenth of September Sir Anthony Saintleger Ware 190. Lord Deputy returned to Ireland and Sir Thomas Cusack was made Lord Chancellor To this Deputy Mac Carty submitted in humble Manner and was pardoned and it seems that this Lord Deputy had Orders to call a Parliament but I do not find that there was any in Ireland during this King's Reign On the fourth of November Charles Mac Art Cavenagh made his Submission to the Lord Deputy at Dublin in presence of the Earls of Desmond Thomond Clanrickard and Tyrone the Lords Mountgarret Dunboyn Cahir and Ibracan and renounced the Name of Mac Morough and parted with some of his usurped Jurisdiction and Estate But let us cast an eye on the Affairs of the Church and we shall find that the Reformation made but small progress in Ireland since the same year produced Bishops of each sort for on the tenth of May Arthur Macgenis was by provision of the Pope constituted Bishop of Dromore and confirmed therein by the King and Thomas Lancaster a Protestant was on the third day of September made Bishop of Kildare However Bish Brown's Life 13. on the sixth of February the King sent the following Order for the Liturgy of the Church of England to be read in Ireland in the English Tongue EDWARD by the Grace of God c. Whereas our Gracious Father King Henry the Eighth of happy Memory taking into consideration the bondage and heavy yoke that his true and faithful Subjects sustained under the Jurisdiction of the Bishop of Rome as also the Ignorance the Commonalty were in how several fabulous Stories and lying Wonders misled our Subjects in both our Realms of England and Ireland grasping thereby the Means thereof into their hands also dispensing with the Sins of our Nations by their Indulgences and Pardons for Gain purposely to cherish all ill Vices as Robberies Rebellions Thefts Whoredoms Blasphemy Idolatry c. He our Gracious Father King Henry of happy Memory hereupon dissolved all Priories Monasteries Abbies and other pretended Religious Houses as being but Nurseries for Vice and Luxury more than for Sacred Learning Therefore that it might more plainly appear to the World that those Orders had kept the Light of the Gospel from his People he thought it most fit and convenient for the preservation of their Souls and Bodies that the Holy Scriptures should be Translated Printed and Placed in all Parish-Churches
this Journey the Deputy received the Submissions of some of the Irish and drove others of them into Fastnesses About this time the Name of the King at Arms who was formerly called Ireland was changed to that of Vlster and Nicholas Narbon Richmond Herald in England was the first King at Arms by the Name of Vlster Ware 192. and upon his Death Bartholomew Butler succeeded him June 21. anno 1552. But upon the Lord Deputy's Return to Dublin Matthew Baron of Dungannon complained to him against his Father the Earl of Tyrone whereupon that Earl was imprisoned which enraged his other Sons to that degree that they burnt and destroyed that part of the Country which belonged to Matthew On the other side the Baron being assisted by the English resolved to revenge that Injury and at length it came to a Battel which was doubtful for some time but ended in the Defeat of Matthew and the Slaughter of two hundred of his Soldiers English and Irish Nevertheless the Earl of Tyrone remain'd confin'd to stay within the Pale until at the end of three Months he gave Hostages in February and returned to Vlster And about the same time O Connor made his escape out of the Tower of London but was retaken and again imprisoned but Mac Coghlan being weary of wandring in the Woods made his Submission and was restored to his Territory of Delvin And the Publick Records were removed from Birmingham's Tower to S. Patrick's Library in Dublin The Year 1552 1552. was propitious to the Noble Family of the Giraldines for Girald Son of the last Earl of Kildare whose miraculous Preservation hath been already mention'd was now received into Favour and on the twenty fifth of April was restored to Minooth and good part of his Estate and about two years after in the Reign of Queen Mary viz. on the thirteenth of May 1554. he was Created Earl of Kildare Lib. G. and Baron of Ophaly at Westminster But Donough Earl of Thomond who had that Title confirmed to him and his Heirs Males in January last had great Contests with his Unkle Daniel who claimed the Estate by Tanistry but at length by the Mediation of the Lord Deputy they came to an Agreement which is mentioned in an Indenture Tripartite between the Deputy the Earl and Daniel O Bryan Dated May 9 1552. In the mean time Sir Nicholas Bagnal was sent against Hugh Mac Morough and they came to a Battel which was so well fought on both sides that the Loss as well as the Victory is uncertain But the Garrison of Athloan had better Success at Cluan macnoise where they robbed or destroyed all they met with not sparing even the Church-Books The Lord Depury marched to Vlster and repaired and garrison'd the Castle of Belfast but it seems he brought but a small Army in expectation that the Baron of Dungannon would joyn him with his Forces and indeed the Baron designed it and endeavoured it but his Brother Shane O Neal surprized his Camp by night and routed his Army with a great Slaughter Whereupon the Lord Deputy returned to Dublin and intended for England but he was stopped for a while by Sir Henry Knolls whom the King sent over with Intelligence that the Queen of Scots had sent O Connor's son to Ireland to raise new Commotions but as soon as it was understood that his Negotiation was ineffectal the Lord Deputy prosecuted his former Resolution and embarked at Houth on the fourth of December and pursuant to the King's Letter of the seventh of November Sir Thomas Cusack Lord Chancellor and Sir Girald Ailmer Lord Chief Justice were chosen Lords Justices on the sixth of December and soon after one of the O Neals was imprisoned in Dublin for spreading false News about the late Lord Deputy but he was on the thirtieth of December enlarged on Bail In the mean time on the twenty eighth of December Lib. D. Hugh Mac Neal Oge of Clandeboy made his Submission to the Lords Justices or rather to the King and swore Allegiance and Agreed and Covenanted by Indenture to forfeit all if he ever relapsed or apostatized again Whereupon the King granted to him the Abby of Carrigfergus and Liberty to keep three Secular Priests as also the Castle of Belfast But Ireland was unhappy not only by the Civil Dissentions in Vlster between the Earl of Tyrone and his Son Shane O Neal and by the Scarcity of Provisions insomuch that a Kilderkin of Wheat was sold for four and twenty shillings which in the following year was sold for five shillings but also by the Death of Sir William Brabazon who died in July and was one of the most faithful men to the English Interest that had appeared in Ireland from the Conquest to that day The King was advised to lower the Value of Brass Money and to make the Bell-Groat currant at two pence and no more and also to build a Castle at Baltimore to oblige the Fishermen to pay Tribute the former he performed but the later as unpracticable was neglected or postponed The Earl of Thomond and his Unkles Donald and Trelagh were again at open Wars notwithstanding the aforesaid Agreement made between them by the Government February They took the Town of Cluanroad but the Earl defended the Castle for a time but not long after he was murdered by his Unkle Donald and was succeeded by his Son Cnogher whose Mother was Helen April Daughter of Pierce Earl of Ormond 1553. About the same time Teig Roe O Mlaghlin murdered Neal Mac Fylemy of the same Family coming from Molingar but the Murtherer was not long after slain in Battel by the Baron of Delvin and the Garrison of Athloan and in Connaught Richard Burk was at variance with the Sons of Thomas Burk Buckagh the issue whereof was that Richard was taken Prisoner and an hundred and an fifty of his Men slain Nor were the Contests less between Richard Earl of Clanrickard and John Burk the Earl besieged John's Castle but Daniel O Bryan came to John's Relief and forced the Earl to raise the Siege But whilst these things were doing the King died at Greenwich on the sixth Day of July in the seventh Year of his Reign aud the sixteenth Year of his Age. THE REIGN OF MARY QUEEN OF England France AND IRELAND MARY 1553. eldest Sister of the deceased King notwithstanding King Edward's Will and all the Endeavours that were used against her did succeed her Brother in the Throne and although she was Kept out of Possession by the Lady Jane about twelve Days so that she was not proclaimed at London until the nineteenth Day of July Yet there being no Interregnum in England her Reign must be computed from the sixth of July being the Day of her Brother's Death It may seem strange That the Protestants did so easily submit to her or that the Kingdom of Ireland should at all own her for their Queen Because I. She was the Issue
Enemy's Camp and it succeeded according to his Desire for O Neal's Army being over-confident of their Numbers and despising the Weakness of their Adversaries had made no preparation to resist an Assault which they did not suspect and wanting such Scouts Out-guards and Centinels as Martial Discipline required and as was usual in all well-governed Armies they were easily surprized and defeated and Shane O Neal himself was forced to make use of his Heels As to Ecclesiastical Affairs there was a Provincial Synod held at Dublin Anno 1555 which made some Constitutions about the Rites and Ceremonies to be used in the Church and afterwards the Church-Goods and Ornaments were restored and particularly those belonging to the Churches of Dublin and Drogheda and although many Gleabs continued Lay-Fees during all the Reign of Queen Mary yet at the Request of Cardinal Poole her Majesty restored the Possessions of the Priory of Kilmainham and Oswal Messemberg was confirmed Prior by Patent dated the eighth of March 1557. but afterwards he fled beyond Seas and the Possessions of that Priory and of that Order in Ireland were by Act of Parliament annexed to the Crown in Queen Elizabeth's Reign There was also a Provincial Synod held at Drogheda this Year by Archbishop Dowdal and therein Leave was given to Husbandmen to work certain Days in Harvest The Lord Justice having on the twenty fifth Day of April received the Submission of O Reyly and his Fealty or Oath of Allegiance 1558. did on the twenty seventh surrender the Sword to Thomas Earl of Sussex Lord Deputy who brought over with him five hundred Soldiers and an Order to coyne Brass-Money and to make it currant by Proclamation which he did On the fourteenth of June he began his March to Munster against Daniel O Brian he came to Limerick and advanced forwards into Thomond he scattered the Rebels and took the Castles of Bunratty and Clare and then restored the Country to the Earl of Thomond who together with the Freeholders of that Country did on Sunday the tenth day of July swear on the Sacrament Lib. NNN and by all the Relicks of the Church as Book Bell and Candelight they are the very Words of the Herald's Certificate to continue Loyal to the Queen and to perform their Agreements with the Lord Deputy On the twenty first of June the Earl of Desmond made his Submission to the Deputy at Limerick and on the twenty sixth the Lord Deputy was God-father to the Earl's Son whom he named James Sussex and gave the Child a Chain of Gold and gave another Chain and Pair of gilt Spurs to Dermond Mac Carthy of Muskry whom he also knighted The Lord Deputy caused a Soldier to be nailed to a Post for drawing his Sword in the Camp contrary to Proclamation and then marched to Galway where he was well received especially by the Archbishop of Tuam and the Bishops of Clonfert and Clonmacnoise who with the Clergy met him in Procession On the fifteenth day of September the Lord Deputy shipped his Army at Dalky and sailed to Raghline and though he lost one Ship in the Storm yet he pursued his Design and took the Island and placed a Colony and a small Garrison in it and thence he invaded and wasted Cantire in Scotland Nor did the Islands of Aran and Comber escape the like Desolation and he intended as much against the Island of Ila but he was by ill Weather forced to put in at Carigfergus and so having burnt many Villages which were possest by the Scots in Vlster he returned to Dublin on the eighth day of November Sir Henry Sydny was sworn Lord Justice on the eighteenth of September by virtue of a Patent dated at Richmond the fourth of August and now when the Earl of Sussex return'd he was sworn anew on the tenth of November and had a new Patent bearing date the seventeenth day of August 1558. The Lord Deputy had a new Great Seal sent him out of England and also new Seals to the other three Courts which he delivered to the Lord Chancellor Chief Justices and Chief Baron in the Council Chamber and about the same time a Party of the Islander Scots that came into Connaught to the Assistance of one of the Burks was defeated by the Earl of Clanrickard and most of them slain And because the Author quotes the Most Reverend and Learned Primate Vsher and the Memorials of the Most Noble and Industrious Richard Earl of Cork for the following Story I will insert it verbatim as it is already printed in the Life of Archbishop Brown Queen Mary having dealt severely with the Protestants in England about the latter end of her Reign signed a Commission for to take the same Course with them in Ireland and to execute the same with greater Force she nominates Dr. Cole one of the Commissioners Sending the Commission by this Doctor who in his Journey coming to Chester the Mayor of that City hearing that her Majesty was sending a Messenger into Ireland and he being a Church-Man waited on the Doctor who in discourse with the Mayor taketh out of a Cloak-Bag a Leather-Box saying unto him Here is a Commission that shall lash the Hereticks of Ireland calling the Protestants by that Title the good Woman of the House being well affected to the Protestant Religion and also having a Brother named John Edmunds of the same then a Citizen in Dublin was much troubled at the Doctor 's Words but watching her convenient time whilst the Mayor took his Leave and the Doctor complementing him down the Stairs she opens the Box and takes the Commission out placing in lieu thereof a Sheet of Paper with a Pack of Cards the Knave of Clubs faced uppermost wrap up The Doctor coming up to his Chamber suspecting nothing of what had been done put up the Box as formely The next day going to the Water-side Wind and Weather serving him he sails towards Ireland and landed on the seventh of October 1558. at Dublin then coming to the Castle the Lord Fitz-Walters being Lord Deputy sent for him to come before him and the Privy Council who coming in after he had made a Speech relating upon what account he came over he presents the Box unto the Lord Deputy who causing it to be opened that the Secretary might read the Commission there was nothing save a Pack of Cards with the Knave of Clubs uppermost which not only startled the Lord Deputy and Council but the Doctor who assured them He had a Commission but knew not how it was gone Then the Lord Deputy made answer Let us have another Commission and we will shuffle the Cards in the mean while The Doctor being troubled in Mind went his way and returned into England and coming to the Court obtained another Commission but staying for a Wind at the Water-side News came unto him That the Queen was dead And thus God preserved the Protestants in Ireland This Queen died on the seventeenth day of
November 1558. And it is observable That though she was a very zealous Papist yet the Irish were not quieter during her Reign than they were under her Brother but on the contrary their Antipathy against Englishmen and Government induced them to be as troublesome then as at other times and prevailed with Mr. Sullevan to give this severe Character of her Reign Sullevan cath hist. 81. That although the Queen was zealous to propagate the Catholick Religion yet her Ministers did not forbear to injure and abuse the Irish Quae tametsi catholicam Religionem tueri amplificare conata est ejus tamen Praefecti Conciliarii injurias Ibernis inferre non destiterunt THE REIGN OF ELIZABETH QUEEN OF England France AND IRELAND ELIZABETH 1558. the only surviving Child of Henry the Eighth succeeded her deceased Sister Queen Mary on the seventeenth day of November 1558. and in the five and twentieth year of her Age the Parliament who were all Papists then sitting she was by their common consent immediately Proclaimed Queen And though Mary and Elizabeth could not be both legitimate no more than their Father could have two Wives at once for if the first Marriage and Dispensation were not good then was Queen Mary spurious and if they were valid then was Elizabeth the Issue of an adulterous Bed yet by a rare Example of Fortune they both enjoyed Successively the Dominions of their Father and Elizabeth succeeded as Heir to Mary But nothing in History is more strange than that the Papists who had the whole Power in their hands should so peaceably accept of a Queen who according to their Doctrine and by Act of Parliament primo Mariae was a Bastard and by Report was a Protestant and not so much as make one Essay in behalf of the Queen of Scots who was a Catholick Princess and in their Opinions the right Heir But the true Reason was because they believed Elizabeth would declare her self a Catholick and also marry the King of Spain both which Matters she managed so wisely that even the King of Spain himself was deceived thereby iâ— perhaps his Dread and Hatred of the Scots the ancient Allies of France did not prevail with him to favour Elizabeth even though she should prove a Protestant rather than see the English Crown placed on the Queen of Scotland who had espoused the Interests of France and was inseparably linked to them Nevertheless it must be confessed That the Statesmen of that time whose Interests and Designs were Popish were much overseen and did not build their Conjectures upon Reasons that were any thing solid for it was Elizabeth's greatest Interest to regard her own Legitimacy and it was notorious that by marrying King Philip her Sister's Husband she must justifie by her own example the Marriage of Henry the Eighth with his Brothers Wife and by submitting to the Authority of the Pope she must at least tacitly allow his Dispensation for the Marriage of Henry the Eighth and Princess Katherine both which things would by consequence bastardize her and render her Reign and Life precarious The Papists quickly perceived their Oversight and to redeem that Error fell into a worse and refused to Crown their Sovereign whom they had but a little before unanimously Proclaimed but at length it was performed by Doctor Oglethorp Bishop of Carlisle on Sunday the twenty fifth of January 1558. Thomas Earl of Sussex was Lord Deputy of Ireland and with an Army of one thousand three hundred and sixty Foot and three hundred and twenty Horse had kept that Kingdom for some time in a more peaceable and quiet condition than usually him the Queen continued for a while and sent him Instructions written by Sir William Cecil's own hand viz. That a new Survey should be made of all Lands Spiritual and Temporal and no Leases to be made but on the best Survey Secondly Lib. C. The Leases for Customs of Ports not to be renewed without increase of Rent Thirdly Leix Offaly Irys Glanmaliry and Slewmarge to be distributed according to Act of Parliament to Tenants and their Heirs Males Fourthly The Exchequer to be regulated according to that of England and a Book about the Methods of the Exchequer Signed by the Queen and subscribed by the Officers of that Court was sent to the Deputy but not long after he was recalled and thereupon the Council elected Sir Henry Sydny Lord Deputy whose Government was something troublesom by means of Shane O Neal who took upon him the Name of O Neal and disclaimed the English Jurisdiction because by the Laws of England he could not inherit for Henry the Eighth had given the Earldom of Tyrone to Con O Neal with Remainder to his Son Matthew whom for the present he made Baron of Dungannon as hath been already related This Con had two Sons Matthew and Shane but Shane alledging that Matthew was a Bastard and the Son of a Smith of Dundalk as inded he had been reputed for fifteen years did claim the Inheritance and having murthered his Brother Matthew and imprisoned his own Father who thereupon died with grief he set up for himself and broke out into Rebellion The Lord Deputy marched to Dundalk to fortifie and defend the English Pale and sent for Shane O Neal who lay at a House of his six Mile from Dundalk to come to him thither but Shane desired to be excused and prayed that the Lord Deputy would be pleas'd to be his Gossip and that then he would come and do all that should be requisite for her Majesties Service and though this seem'd dishonourable that the Deputy should be Gossip to a Rebel before Submission yet the necessity of the Queens Affairs required it and therefore he consented and on the last day of January he and James Wingfield Christned the Child After the Solemnity was over the Deputy expostulated with Shane about his Rebellion O Neal alledged the Bastardy of Matthew and that Con's Surrender was void because he had but an Estate for Life in his Principality nor could have more by the Law of Tanistry nor could surrender but by consent of the Lords of his Country and that even by the English Laws the Letters Patens were void because there was no Inquisition taken before they were pass'd nor could there be any Inquisition till Tyrone were made Shire-ground That he was elected O Neal by the Country according to custom and that he is the legitimate Son and Heir of his Father and that his Title to all he claims is by Prescription The Deputy replied That the Matter was of great moment and that he doubted not but that the Queen would do what was right and just and therefore advised him to a quiet and loyal Deportment till her Majesties Pleasure were known and so they parted in a friendly manner and by this means Shane O Neal continued pretty quiet during this Deputy's Government but on the twenty seventh of August Thomas Earl of Sussex 1559.
3. To reduce Shane O Neal by force or otherwise 4. To invest the Baron of Dungannon in the Earldom of Tyrone if the Lord Lieutenant think fit 5. To apprehend the O Brians that oppose the Earl of Thomond 6. To make the Clerk of the Council Secretary of State 7. To make a Statute of Uses next Parliament 8. To grant Estates Tayl by Patent to all the Irish that will surrender 9. To reserve the best Rent that was at any time heretofore reserved on the Crown Leases and the Tenant to find a Horseman for every forty Pound Rent and a Footman for every six Pound thirteen Shillings and four Pence and if any Lease be voidable to let the Tenant renew increasing his Rent according to the best Survey 10. To augment the Revenue in granting of Wards and making them sue Livery and to collect and print the necessary Statutes It seems this Lord Lieutenant managed his Affairs well in Vlster 1561. although the Particulars are not recorded any where that I could find Lib. â— for on the sixth day of January Shane O Neal made his Submission to him and thereupon on the twenty second of the same Month he went to England leaving Sir William Fitz Williams Lord Justice 1562. who was sworn on the second Day of February and continued until the twenty fourth day of July and then Thomas Earl of Sussex Lord Lieutenant returned again and finding that the inconstant Shane O Neal had apostatized into Rebellion he prepared as fast as he could to reduce him to Obedience but the Winter approaching so near he was forced to adjourn his Design till the Spring and then on the first day of April he set forward 1563. and on the ninth there hapned a Fray between some Kirne in his Camp to the Slaughter of two or three of them but the Lord Lieutenant by his Authority composed that Matter On the thirteenth of April the English discovered an Ambush laid by Shane O Neal and fell upon them so that one and twenty of the Rebels were killed On the sixteenth the Lord Lieutenant passed over the Blackwater and took a Prey of two hundred Kine And on the twenty sixth he came back to Dundalk On the first of June he advanced again to Dungannon and quartered there and the next day came to Tulloghoge and undestanding that O Neale and his Party were in a Fastness not far off the English attacked them and drove them farther into the Woods And on the third of June the English took eighty Cattle and killed four or five Rebels And on the fourth the Army returned to Armagh And on the sixth day of June they took a Prey of three thousand Kine and one thousand five hundred Garons and Mares which were divided among the Soldiers and so the Army returned to Drogheda Hereupon O Neal being shrewdly terrified Cambden 121 and being also advised by the Earl of Kildare made his Submission to the Lord Lieutenant and promised to do the like in England which he performed in the presence of the Embassadors of Sweden and Savoy and upon his Promise of amendment he was taken into Favour and the Queen gave him some Presents and lent him two thousand five hundred Pound and ordered Sir Thomas Worth and Sir Nicholas Arnold whom she sent Commissioners into Ireland to establish a College at St. Patrick's Church c. to make an Enquiry about a Complaint that O Neal had made That one John Smith had design'd or attempted to poyson him After his Return home he behaved himself civilly and loyally for some time he assail'd the Scots and slew their Captain James Mac Conal and drove them out of Vlster he protected the poor from Injury and was orderly in every thing except his Tyranny over the Lords and Gentlemen of Vlster whom he challenged to be his Vassals Whereupon Macguire and others complained to the Government but O Neal disdaining to have his Princely Claim tried in a Court grows enraged at Macguire for putting the Dilemma upon him either of running into Rebellion again or submitting his Title to the Lord Lieutenant's determination 1564. and in this Fury O Neal invades Fermanagh expels Macguire burns the Cathedral Church of Armagh and besieges Dundalk but the Valour of the Garrison preserved the place till William Sarsfield Mayor of Dublin and a choice Band of Citizens raised the Siege nevertheless O Neal spoil'd and wasted the adjacent Country The Lord Lieut to revenge this proceeded briskly against O Neal Burlace 126. but before he could bring his Designs to perfection he was recalled in his time the Country of Annaly was made Shire-Ground and is called the County of Longford and Connaught was divided into six Counties Clare Galwey Sligo Mayo Letrim and Roscomon he also erected a kind of a Post-Office for the better Correspondence between England and Ireland Holingsh 114. And yet there are some who not without probability attribute these good Works to Sir Henry Sydny On the first of February there hapned a bloody Conflict between the Earls of Ormond and Desmond Lib. P. at Athmean or Affane in the County of Waterford where the latter lost two hundred and eighty of his Men but not long after the Lord Lieutenant was recalled and Sir Nicholas Arnold 1565. Lord Justice was sworn the twenty fifth of May and had an Army or rather a Garrison of fifteen hundred and ninety six Soldiers with which he made a shift to keep what he had but he did not enjoy that Honour long before Sir Henry Sydny Knight of the Garter Lord President of Wales came over Lord Deputy he Landed on the thirteenth of January and was sworn the next Sunday after being the twentieth he was received with great joy being a Person of whose excellent Government that Kingdom had long Experience and when he received the Sword he made an eloquent and pithy Speech to this effect setting forth what a precious thing good Government is and how all Realms Commonwealths Cities and Countries do flourish and prosper Hooker 111. where the same is orderly in quiet Justice and Wisdom directed and governed Secondly What a continual Care the Queens Highness hath had and yet hath not only for the good guiding and ruling of the Realm of England but also of Ireland which she so earnestly desireth and wisheth to be preserved as well in Peace as in War That she hath made great Choice from time to time of the most Grave Wise and Expert Counsellors for the one and the most Valiant Skilful and expert Men of Arms for the other That both in Peace and Wars the publick State of the Commonwealth and every Member therein might be conserved defended and kept in Safety under her Government And for the performance thereof her Majesty over and besides the Revenues of the Crown of Ireland did yearly far above any of her Progenitors expend of her own Coffers out of England great Masses of Money
Dungannon O Connor Sligo O Carol and others When he came to Hampton-Court with two hundred Gentlemen in his Train it hapned that the Queen was looking out at the Window Hooker 118. and seeing such a Multitude she was thereat surprized until she was told it was the Lord Deputy of Ireland and then she replied It was well enough for he had two of the best Offices in the Kingdom And being come in he was well received for the present by the Queen but after a while was told by some of the Courtiers That the Scussle in Ulster was not worthy to be called a War since the principal Rebel Shane O Neal was but a Beggar and an Outlaw However the Earl of Desmond and O Connor were clapt up in the Tower and Sir John of Desmond was sent for and imprisoned in the same place But O Connor Lib. L. by Indenture made his Submission to the Queen Lib. H. and thereupon was enlarged and the next Year viz. the twelfth of July 1568 the Earl of Desmond submitted in most humble manner and laid all his Estate at her Majesties Feet and promised to convey what part she should be pleased to take of it and acknowledges to have forfeited a Recognizance of twenty thousand Pounds which he had formerly made to the Queen as hath been already related But when Sydny went to England he left Doctor Weston Lord Chancellor and Sir William Fitz-Williams Treasurer at Wars Lords Justices by Commission under the Great Seal of Ireland Dated the fourteenth Day of October In their time private Quarrels did swell almost into publick Wars for not only Sir Edmond Butler and Pierce Grace did invade Oliver Fitz Girald's Territories with great Fury but also the O Connors and O Mores who were Proclaimed Traytors did now appear in the Field with a thousand Gallowglasses and threatned to spoil O Carol's Country and to burn Kilkenny and the Defendants being in no good condition to resist did in vain importune the Government for Assistance Moreover Daniel Mac Carty More despising his Title of Earl of Glencar assumed the Title of King of Munster and having confederated with O Sullevan More Mac Swiny and others he invaded the Lord Roche's Country with Banners displayed and destroyed all the Corn together with seven Hundred Sheep and killed many Men Women and Children and carried away fifteen Hundred Cows and an Hundred Garrons Nor was the Contention less between James Fitz Maurice of Desmond and the Lord of Lixnaw And there happened another barbarou accident that was more surprizing than any of the rest for one Maurice Gibbon alias Reagh who was by the Popes Bull appointed to be Archbishop of Cashell had the Confidence to come to James Mac Caghwell who for some time had been Archbishop of that See Ware de presul 172. and to demand Possession which being refused the barbarous Villain stabbed the Archbishop with a Skein but it so happened that the Archbishod recovered and Maurice made his escape into Spain In Vlster Cambden 121. Turlogh Lynogh had assumed the Name of O Neal and in an Encounter with the Scots had killed Alexander Oge but it seems that quarrel was appeased and one Thousand of the Scots took Pay under Turlogh and invaded the Ferny contrary to Articles In Connaught there was a new Broil between Mac William Oughter and O Connor Sligo about a Rent in Eyter Conaught and in Thomond there were great Contests between the Earl and O Shaghaness and in this disorderly and tumultuous Condition stood the Kingdom of Ireland 1568. when in September Sir Henry Sydny Lord Deputy landed at Carigfergus he immediately sent for Turlogh Lynogh who came to him and confessed his Fault and with the greatest Humility begged the Lord Deputies Pardon which with great difficulty he at length obtained but not until the Scots Hostages were first Executed On the twentieth of October the Lord Deputy was Sworn at Dublin and immediately he sent for Sir Edmond Butler who upon several frivolous Pretences refused to come but broke out into Rebellion as shall be related hereafter In the mean time the Proceedings at Council-board will deserve a Paragraph in this History and the rather because a great and memorable Case was at this time agitated there for Sir Peter Carew whose Ancestor had formerly been Marquess of Cork and had great Possessions in several parts of the Kingdom came over well recommended to Ireland Lib. F. Lambeth and resolved to endeavour the recovery of that great Estate which was wrongfully withheld from him and particularly the Barony of Idrone in the County of Caterlogh was detained by the Heirs of those whom one of the Carews had employed as his Steward and had entrusted to mannage that Estate but Sir Peter being advised not to alarum the Irish by beginning with them first he did on the twenty ninth day of October prefer his Petition to the Council-board against Sir Christopher Chivers for the Mannor of Ballymaclethan in the County of Meath and in the Petition he suggested that Chivers was so popular and powerful a Man in his Country that there could be no indifferent Tryal had at Common-Law c. Hereupon Sir Christopher was summoned and when he appeared he pleaded ore tenus to the Jurisdiction of the Council-board in this Matter but Mr. Perriam gave three reasons why they might proceed First Because it was the common Practise to determine Causes at the Council-Table in England and instanced the Case of one Colshul about an Office in the Exchequer Secondly That in cases of Extremity as loss of Evidence want of just Tryal c. A Suit may be commenced before the Lord Chancellor or at the Council-board propter necessitatem ne curia domini Regis desiceret in Justitia exhibenda Thirdly That there are innumerable Presidents of Causes determined at the Council-Table in Ireland upon these reasons the Judges Dillon and Plunket were of Opinion the Board might proceed to determine this Cause and afterwards the two Chief Justices concurred in the same Opinion so that Chivers was forced to put in his Answer in Writing which he did but still it concluded to the Jurisdiction as before and in his Plea he insisted on the Statutes of Magna Carta cap. 11. and cap. 29. 25 Edw. 3. cap. 4. 28 Edw. 3. cap. 3. and 42 Edw. 3. cap. 3. But he likewise set forth his Title by Descent to part of the Lands in question and made some other Title to the rest The Court was angry with the Defendant for repeating his Plea to the Jurisdiction after it had been so solemnly over-ruled however they ordered the Plantiff to reply which he did by abridging his Plaint as to the Lands Descended and by a solid Answer to the rest of the Plea But at length the Parties agreed among themselves and Chivers for a small Consideration had a Release from Sir Peter however Sir Peter afterwards on the like Petition recovered the
May 〈◊〉 requiring him to stay till the Lord Chancellor Gerard to whom the Queen had granted Licence to transport Yarn non obstante the Statute and whom she commends exceedingly should arrive which hapning in August the Deputy by the Queens Orders surrendred to Sir William Drury on the twelfth of September and had Leave to go for England Henry the Eighth was this Godfather and Edward the Sixth his Companion and so fond of him that he died in his Arms And undoubtedly he was Cambd. Eliz. 231. as Cambden says One of the most commendable Deputies that ever was in Ireland Sir William Drury Lord Deputy was sworn in Christ-Church Dublin on the fourteenth day of September and on the twenty ninth he began his Journey to Munster being accompanied by Sir Edward Fitton and others of the Council and by their Letter to the Queen of the twentieth of November they shew the necessity of a President of Munster and that upon the 〈◊〉 of its Suspension the Irish Lords thought they lost time if they did not immediately resort to their former Tyranny Lib. S. S. S. they give some Instances and particularly of the Lord Roch who kept a Freeholder who had eight Plow-lands Prisoner and Hand-locked him until he had surrendred or released seven Plow-lands and an half of them upon agreement to keep the remaining half Plow-land free but when this was done the Lord Roch extorted as many exactions from that half Plow-land as from any other half Plow-land in his Country and that both the Lords Barry and Roch without Right or Process that very Harvest took away all the Corn from the Farms of those Tenants they had Controversy with or spight to and even the great Men were under the same Oppressions from the greater for the Earl of Desmond forcibly took away the Seneschal of Imokilly's Corn from his own Land although he was one of the most considerable Gentlemen in Munster which I observe to shew the difference between English Government and Irish Tyranny And it must not be forgotten that in October Matthew Sheyn Bishop of Cork burnt St. Dominick's Image at the high Cross of Cork to the great grief of the superstitious People there The Lord Deputy in his way to Limerick lay at Castleton Roch but the Earl of Desmond being at odds with the Lord Roch would not got go thither and the Deputy was afterwards troubled that he went thither when he understood that the Lorch Roch cessed his Tenants for the Deputies Entertainment The Deputy found the Earl of Desmond and the Earl of Glencar at so great difference that they were almost ready to draw into the Field as was usual their contest was about the Bounds of Kerry viz. Whether Macarty's Lands were within the County Palatine of Kerry or not Neither were the feuds between the Butlers and Giraldines any thing less than the other October 1578. both sides had made great Preparations for Battle but the Lord Deputy interposed effectually to determine or at least suspend these Controversies and he also perswaded Desmond to take a certain Rent of his Tenants instead of Coin and Livery and he Executed twenty two Criminals at Limerick and thirty six at Kilkenny one of which was a Blackamoor and two others were Witches and were condemned by the Law of Nature for there was no positive Law against Witchcraft in those Days Moreover the Lord Deputy bound several Citizens by Recognizance of forty Pound to come to Church to hear divine Service every Sunday pursuant to the Queen's Injunctions and he advised the Bishop of Ossory to make a Rate for the repair of the Church and to distrain for it and so having punished some Townsmen of Cork and Kilmallock for abusing the Soldiers and having received the Submission of Sir James Desmond Sir Pierce Butler and all the Cavenaughs he returned to Dublin In the mean time that indefatigable Rebel James Fitz-Morris nowithstanding his Oath of Allegiance taken before Sir John Perrot at Kilmallock went over to France Camb. Eliz. 236. and having two Years sollicited that King in vain he made a more successful Address to the Pope and the King of Spain by whom being furnished with a few Men and some Money 1579. he came accompanied with the Jesuits Allen and Sanders who was also Legate and out of his three Ships Landed fourscore Spaniards and some Irish and English Papists at Smerwick in Kerry in the latter end of July 1579. Immediately they built a small Fort and drew up their Ships under it and the Legate Sanders hallowed the place and promised them success but Captain Thomas Courtny being at Kinsale with one of the Queens Ships at the perswasion of Henry Davells doubled the Point and took the three Ships in the Bay and put the Spaniards into a Pannick Fear notwithstanding the Pope's Blessing However Sir John and James of Desmond as soon as they had not notice of the Invasion hastned to their Cozen James Fitz Morris and were at first kindly received but Sir John easily perceived a coldness towards him and that the Rebels entertained some Jealousies of him because of his Familiarity with his old Friend Henry Davells and therefore to establish his Reputation with them Sullevan 95. Camb. Eliz. 237. per aliquod facinus dignum as Mr. Sullivan phrases it he basely and perfidiously Murthered his Bosom-Friend Dâ—vells and one Carter at Traley and left a fair Caution to Posterity which has been simply and fatally neglected by those that pay dear for it at this Day however the Legate Sanders commended the Fact and said it was a sweet Sacrifice in the Sight of God The Earl of Desmond was as deep in this Rebellion as any body as is manifest from the following Confederacy WHereas the Right Honourable Garret Lib. C. Earl of Desmond hath Assembled us his Kinsmen Followers Friends and Servants about him after his coming out of Dublin and made us privy to such Articles as by the Lord Deputy and Council was delivered 〈…〉 eighth of July 1579. To be performed as also his 〈…〉 the said Articles which said Answers we find so 〈…〉 with one accord do counsel and advise the said 〈…〉 nor yield to any more than in his Letter is 〈…〉 and further the said Earl declared unto us that if he do not yield presently to the Performance of the same Articles and put in his pledges for observation thereof that then the Lord Deputy will bend his force and make War against him We the Persons underwritten do advise and Counsel the said Earl to defend himself from the violence of the said Lord Deputy that doth ask so unreasonable a Demand as in the said Articles is contained and for to defend and stick to this our Advice and Council we renounce God if we do spare Life Body Lands and Goods but will be aiding helping and assisting the said Earl to maintain and defend this our Advice against the said Lord Deputy or any
Barryescourt and the Seneschall of Imokelly placed an Ambush for him at Corabby which Captain Raleigh manfully Encountred and Defeated or at least broke through them so that he came safe to Corke On the 25th of July one Eve Published Seditious Letters at Waterford importing that the Pope and the King of Spain and Duke of Florence had made a League to assist the Irish with Ten thousand Foot and a thousand Horse of the Popes Fifteen thousand Foot and a thousand five hundred Horse of the Spaniards and Eight thousand Foot and an hundred Horse of the Florentines and that the Irish should Elect a King of their own Nation and reject Elizabeth as a Bastard and a Heretick and republish the Bulls of Pius Quintus against her c. And it was true that the Prince of Conde brought such a League to the Queen which he said was made at Rome the 20th of February 1580. About the same time the Lord Baltinglass wrote an Answer to the Earl of Ormond assuring his Lordship that he had but two Councellors one that said Fear not those that can kill the Body only c. and the other bids us obey the higher Power for he that resisteth it resisteth God seeing then the highest Power upon Earth Commands us to take the Sword and to Fight and Defend our selves against Traytors and Rebels which do seek only the Murdering of our Souls he is no Christian that will not obey Questionless it is a great want of Knowledge and more of Grace to believe that a Woman Incapax of Holy Orders should be the Supream Governour of Christ's Church a Term that Christ did not grant to his own Mother You should consider that if Thomas of Becket Bishop of Canterbury had never suffered Death in the defence of the Church tho Butler alias Becket had never been Earl of Ormond c. and about the same time he wrote to a Merchant of Waterford to provide him Ammunition and Arms for which he would pay him to content In the mean time Captain Zouch who lay at Dingle lost a great many of his Men by sickness nevertheless when he understood that the Earl of Desmond and David Barry had assembled three thousand Men near Ahado in Kerry he Marched with the Remainder of his small Brigade to Castlemange and upon a sudden surprized them so that the Earl was fain to fly in his Shirt and shift for himself as well as he could he fled to Herlow-wood a very great fastness but being Necessitated to pass near Killmallock the Garrison there under Bourcher Dowdall Macworth and Norris pursued them into the Wood and were like to take the Earl but did take a great Pery and some of his Carriages and killed a great many of his Followers About the same time Fitzgirald commonly called Seneschaâ— of Imokilly preyed the Country about Lissmore and slew twenty five of the Garrison that sallied to recover the Prey The Lord Deputy appointed Archbishop Loftus and the Earl of Kildare Governours of the Pale during his intended Progress and they had a General Rendevouz at the Hill of Taragh in July and then the Earl with two hundred Horse and seven hundred Foot by the order of the Council went to Parly with the Lord of Baltinglass but to no purpose and thereupon the Earl unadvisedly returned to Dublin and the Enemy taking advantage of his Retreat Burnt Newcastle in the County of Wicklow 1581. In the mean time the Lord Deputy Marched to Munster and made Captain Zouch Governour of that Province and then returned to Dublin by the way of Connaugh Zouch kept his head Quarters at Corke and had Intelligencil that there was a great Feud between David Barry and the Seneschall of Imokelly and that they both lay on Dunfrinâ—en side of the Blackwater and that the Earl of Desmond and his Brother John lay on the other side of the River in Condens Country and that they were very active by their Messengers to procure a Reconcillation between Barry and the Seneschall but were hindred by the great Floods from Negotiating it personally as they designed whereupon Captain Dowdall sent one Richard Mac-James to the Irish Camp as a Spy to whom one of the Desmonds Messengers not mistrusting him discovered that Sir John Desmond designed to come and reconcile the aforesaid Parties the next Morning but I know not by what Artifice the Spy perswaded the Messenger to go to Corke and tell his own Story but 't is certain thereupon Zouch and Dowdall leaving the Government of Corke to Captain Raleigh Marcht on Hooker 175 pretending for Lymerick and by break of Day they got to Castlelyons and so Marching forwards to an Wood and placing some Shot between the Wood and Sâ—â—anâ—cally adjacent Bogg they met two Gentlemen in the Wood who happened to be Sir John of Desmond and James Fitz John of 〈◊〉 both which they took and Executed and which is most strange as Mr. Sullivane tells the Story 〈◊〉 great Hero was so daunted at the sight of the English Sullivan 99 that he was not able to mount his Horse tho at other times he was an active man But Zouch not contented herewith but remembring that David Barry and Gorin Mac Swiny had lately prayed Carbery and passing by Bantry had encountred the Garrison which Sallyed and kill'd every one of them but one was now resolved to revenge it and therefore fell upon their Army and routed them and this Defeat reduced Barry to the necessity of begging pardon which at length he obtain'd And so Munster being pretty quiet and no news of the Earl of Desmond the Munster Forces were reduced to four hundred Foot and fifty Horse But the Lord of Lixnaw and his Son pretending injuries from the Governour took advantage of the reducement of the Army and boldly went into Rebellion again and his beginning was very successful for he slew Captain Achin and the Garrison of Adare except some few that saved themselves in the Abby and recovered that Fortress also he took the strong Castle of Lisconnell by Stratagem and threw the Garrison over the Walls and tho he fall'd in his cunning design on the Castle of Adnagh yet he ranged over the Countries of Ormond Tipperary and Waterford without resistance Wherefore Zouch not able to endure these affronts with his small Army of four hundred Men March'd into Kerry and came to Adare which the Lord Lixnaw had forsaken and thence he March'd to Lisconnell Wood where he met the Baron with about 700 Men who upon the first Charge â—led and left their Goods and Cattle behind them Thence the Army March'd to Glyn Castle where Sir Henry Wallopps and Captain Norris's Companies being 200 men came to them from the Lord Deputy hence the Governour went to Lymerick leaving Captain Powdall to pursue the Baron who soon met with him near Glanflisk and defeated his Forces again Hooker 177. killing â—n hundred and forty of them and taking a Prey of 800
Kine 500 Horses besides Sheep Goats Money Cloarsh and Victuals with which he supplied the Garrisons and return'd to Adaro where he left a Garrison and return'd to Cork this misfortune quite spoil'd the Lord of Lixnaw so that he was never more able to hold up his head but most submissively applied himself to the Earl of Ormond who got him a Pardon tho he had formerly suffered very great injuries from him No sooner was this storm of the Lord of Kerryes allayed but the Earl of Desmond appear'd again near Adare and Skirmished smartly with the English so that having lost many men they had much ado to recover the Abby of Adare where they lay in Garrison About this time a contention arose between the Macan Earla's Vlick and John Burk on the Death of their Father but it was refer'd to Commissioners who ordered that Vlick should have Loghreagh and the Earldom of Clanrickard Lib. H. and that John should have Leitrim and that the Commissioners should intercede to have him created Baron of Leitrim and both of them agreed that if either proved a Traytor to the Queen the other should have all One Birne a Rebel being weary of that sort of life offer'd to Captain George Carew to bring his Captain Fitz-Giralds Head to him on condition to have his own Pardon but Fitz-Girald had timely intelligence and prevented the Execution of that Plot by Executing Birne and his Complices nevertheless he was so frightned with this attempt that he offered to do the like by Pheagh Mac Hugh for his own Pardon but Pheagh also had seasonable notice or a strong suspicion of this design and fairly hanged his Friend Fitz-Girald in his stead But this good Deputy by the contrivance of the Rebels was represented at the Court of England as a bloody man that regarded not the lives of the Subjects any more than the lives of Dogs Spencer 73. but had tyrannized with that barbarity that there was little left for the Queen to Reign over but Carcasses and Ashes And this false Story being believed in England a general Pardon was sent over to such of the Rebels as would accept thereof 1582. and the Lord Deputy in the midst of his Victories was recalled so that in August he left Ireland to the care of Adam Loftus Archbishop of Dublin Lord Chancellour Sir Henry Wallop Treasurer at Wars Lords Justices two men very unfit to be yoak'd together Spencer ' s View 76. the difference between them being no less in their minds and affections than it was in their bodies and professions Their Government was auspicated with the Death of Dr. Saunders Sullevan 100. who died miserably of a Flux and Famine in the Woods of Clenlis whereby the Kingdom was rid of a malicious cunning and indefatigable Traytor And the Earl of Desmond was reduced to such streights that he was forced to keep his Christmass in Kilquegg Wood near Kilmallock whereof the Garrison of Kilmallock having Notice they were induced by the importunity of John Walsh to endeavour to surprize him 4 January and in order to it they March'd in the night under the conduct of the Captains Dowdal Bangor and Thornton and came before Day to the River side and by means of some Hurdles which tied together and fastned with Ropes to a Tree on this side the River and made one of their men Swim over with the end of a Rope which he also fastned on the other side they safely passed the River but made so much noise that Desmond and his Wife took the Alarm and got out of their Cabbin into the River where they stood up to the Chin in Water on the Bank-side and thereby were undiscovered and escaped but his Servants were all kill'd and what Goods they had were carried away Soon after this Fitzgirald of Ballimartir commonly call'd Seneschall of Imekilly surpriz'd Youghall and entred one end of the Town but was so warmly receiv'd by Lieutenant Calverleigh and forty Shot he had with him that the Seneschal was forced to Retreat and leave fifty of his Men dead behind him About the end of January the Earl of Ormond Landed at Waterford with 400 Men which were disposed of to the Captains Bourcher Stanley Barkley and Roberts This Earl was also made Governor of Munster and procured two Pence a Day to be added to the Soldiers pay which gain'd him abundance of Love and Respect from the Army Ormond's first Attempt was in Harlow Wood in Pursuit of the Earl of Desmond he divided his Party into four Squadrons and searcht the Wood throughly Slew many Rebels and so dispersed and frightned the rest that they never met in any considerable Body afterwards but most of them one after another submitted and had Pardon and on the 5th of June Desmond wrot a submissive Letter to the Earl of Ormond which is to be found in the Caballa of Letters 223. In August the Garrison of Killmallock had fresh Advice 1583. that Desmond with 60 Gallowglasses was come into Harlow Wood whereupon Captain Dowall so timed the matter that he took 25. of them asleep in their Cabbins and the rest who were boiling Horseflesh he quickly Discomsited and Slew In September some of the Lord Roches Men met the Earl of Desmond in Duhallow accompanied by three Horse-men and a Priest they endeavoured to take him but being well mounted they all escaped except the Priest who discovered what Misery the Earl was in and that he was supported chiefly by one Goron Mac Swiny who was in Protection whereof Ormond having notice sent Captain Dowdall and a Garrison to Dingle whereupon the Earl retired into the Country of Desmond and got the greatest number of his Followers together that he could and particularly the said Goron and his Brother Morrogh Mac Swiny by whose Assistance he hoped to renew the War But it fell out otherwise for Goron Mac Swiny having taken a great Prey in Carbry three Irishmen who owned some of the Cattle followed them at some distance expecting an opportunity at night to Steal back their own Cattle or an Equivalent and to that end they hid themselves within a Musket-shot of Goron's Camp or Lodgment and it so happened that Goron and a Servant both unarmed walkt that way and came near the place where the three Men were hid and as soon as they perceived that Goron and his Servant were unarmed they surprized them and cut off their Heads and being satisfied with this Revenge they ran away to shift for themselves Desmond was beyond measure dismayed at this loss and saw there was no way to recover it unless he could regain such of his Followers as had taken Protection of the English and therefore in order to it or to be revenged of them he sent some of his Servants over the Strand of Traly to take a Prey which they did but a poor Woman of the Moriartas whose small Stock was all taken away by these Tories immediately repair'd
Kerry to the Sheriff and the Lord of Lixnaw with the Lord President of Munster he returned to Dublin the 9th of August 1584. In his way he took Pledges from Pheagh Mac Hugh and appointed Sir Henry Harrington to take the like from O Birne O Toole and the Septs of O More and O Connor and committed the Kings County to the care of Sir George Bourcher and of the Queens County to Sir Warham Saint Leger he also appointed Commissioners to take Hostages of the Cavenaghs and when he came to Dublin he decided a Controversy between Philip and Sir John O Reyley to both their Satisfaction About this time the Lord Deputy published Orders to be observed by Justices of the Peace one whereof was lodged with every Custos Rotulor Lib. C. the most material of them were to keep Sessions Quarterly to enquire into Penalties of Statutes forfeited Recognizances Contempts Breach of Peace winking at Malefactors Confederacies and Parlies with Tâ—â—ytors or notorious known Theives that all Men and Women from Sixteen to Seventy be Booked and Sworn to Allegiance else committed to Goal to have General Musters every year and see the People are Armed according to Law to have Buts and common Pounds to make two High-Constables Substantial Gentlemen in every Barony and printed Books of their Duty to be sent them and also two petty Constables in each Barony to send to Goal all Spies Carrows Bards and Idlers c. To appoint two Searchers for every Parish to Search the Houses and Persons not Gentlemen for Beef Pork or Mutton and if any such be found and no notice was given to the Searcher of the Killing thereof the Party shall be punished by Fine and to cause all Cattle to be marked with Pitch or Ear-mark on pain of Forfeiture On the 25th of August The Deputy with One thousand Foot some Kearns and the Risings out of the Pale and some Lords of Munster and well accompanied with Officers and Persons of Quality set out from Dublin and came the 29th to Newry where Turlogh Lynogh submitted and put in Pledges as did also soon after Macgenis Mac Mahon Turlogh Brasilogh and others The Lord Deputy having thus secured the Country ordered some Ships to Loghfoyle to attack the Scots that way which they got notice of and immediately retired and went off to Scotland almost in sight of the English Ships and their escape was imputed to the negligence of the Sea-Commanders However the Deputy proceeded to the Ban himself Ormond and the Nobility kept Clandeboy side and General Norris and the Baron Dungannon kept Tyrone side The Deputy spoiled Brian Carrows Country and forced him and Surleboy to fly to Glancomkeane with their Creights and Cows Norris took a prey of 200 Cows from Ochane which gave great relief to the Army but 100 of his stragling Boys and Servants were cut off by Brian Carrows men and some that came to their Rescue were wounded and soon after Mr. Thomas Norris was wounded in the Knee with an Arrow and Oliver Lambert was taken Prisoner in Ochanes Country nevertheless the Rebels fled from the English and were worsted in most encounters so that Captain Meriman brought a good Prey from their fastness and Norris scour'd Glancomkene-wood preyed Brian Carrows Country and slew them that were put to defend it Hereupon Ochane submitted and put in Hostages and was the first Rebel in Arms that was pardoned since the Deputy came over then went the Deputy to besiege Dunluce and sent Artillery by Sea to Skerries portrush and thence by men it was drawn two miles it soon brought the Ward to parley and to surrender this impregnable place and the fame of this Exploit made the Warders desert Donfert and these losses forced Surleboy to submit and put in Hostages and to beg Pardon which was granted him Whilst the Deputy abode in Vlster O Donell and O Toole submitted themselves unto him and there happening some Controversies between Turlogh Lynogh and others of the O-Neals he caus'd them to implead one another by Bill and Answer that so those Contests might be regularly decided he also gave them an Oath of Allegiance and drew the Grandees of Vlster to a Composition for the maintenance of 1100 Soldiers at their own charge the Queen allowing every 100 men 250 Pounds Lib. M. per annum also they agreed to surrender their Estates and take new Patents and in like manner the Lady Camphell and Donell Gorme made their Submismissions at the Camp near Dunluce on the 18th of September and obtain'd a Grant of that part of the Glinns formerly Massets paying 50 Bieves yearly and supplying 80 Soldiers to serve the Crown when required And so the Deputy left 200 Foot and 50 Horse at Colrain and came to Newry on the 28th of September to which place Turlogh Lynogh brought Henry Son of Shan O Neal and delivered him prisoner to his Lordship Con mac Neal Oge was forc'd to content himself with the upper Clandeboy and the Lieutenancy or Government of Vlster was divided between Turlogh Lynogh the Baron of Dungannon and Sir Henry Bagnall and this great Service being thus effected the Deputy return'd to Dublin the 11 of October Hence the Deputy gave an account to the Lords of the Council in England of his great Success and proposed that for 50000 per annum added to the Revenue for three years he would wall seaven Towns Athloan Dingle Colrain Liffer Sligo Newry and Mayo and build seaven Castles at Black-water and Ballishannon Bellick Broad-water in Munster Castlemartine in the Routs Galin in the Queens County and Kilcomane and erect seaven Bridges at Colrain Liffer Ballishannon Dundalk Fermoy Veale near Slevelogher and Kells in Clande-boy and with the help of the Vlster Composition he would likewise maintain 2000 Foot and 400 Horse during that time he desired 600 Soldiers and a Chief Justice might be sent over that Tamistry might be abolished and the Irish Lands pass'd in Patent to the Proprietors on English Tenures to all which he received a smooth but dilatory Answer and therefore wrote again to the Parliament of England the 17 of January 1584. to the same effect and with like success Nevertheless this active Governour proceeded to doe what he could to repair the broken and miserable Estate of Ireland he encouraged the Bishops to the Repair of Churches and wrote to England that no more Bishopricks might be granted in Comendam and he also divided Vlster into Counties and placed Sheriffs Justices of Peace Constables and other Officers in them And then he summoned a Parliament to meet the 26th of April 1585. at Dublin and caused the Irish to conform to the English Habit to which they have a great aversion because they esteem it a mark of Subjection The Irish Lords were obliged to wear Robes and the better to induce them to it the Deputie bestowed Robes on Turlogh Lynogh and other principal men of the Irish which they embraced like fetters so that one of
Month. But the Lord Deputy was again allarm'd with a new Invasion of the Scotish Islanders and therefore Turlogh Lynogh being old the Baron of Dungannon was encouraged to oppose them but lest he should grow too popular by that Authority the Deputy thought it necessary to march into the North with such Forces as he had ready he left Dublin the 26th of June and passed speedily to Dungannon where most of the Irish Gentlemen of Vlster except James Carow came to him and submitted to his Lordship's command Hence the Deputy sent Captain Dawtry to the King of Scotland to pray restitution of the Irish Ships and Goods taken by his Subjects and that he would stop the Islanders from destroying Ireland to which he received a kind and favourable Answer dated at Saint Andrews the fourth of August 1585. but it came too late Four hundred Islanders arrived in Vlster and were joined by as many more under the Conduct of Con Mac Neal Oge's Son Hugh Mac Felim's Son O Kelly Mac Cartane c. and on the 28th of July were encountred by Captain Strafford and 170 Soldiers and a few Kernes who continued the Fight from Morning to four in the Afternoon still gaining Ground of the Enemy of whom 24 were slain and 40 wounded and of the English but 8 killed and 12 wounded and here my Authour truly observes that the Irish never gave the English a defeat but upon shrinking from them The Enemy passed the River Ban and went into Tyrone but were so pursued by the Baron of Dungannon and Captain Strafford that they were forced to repass the Ban and to retire toward Dunluce and finding no quiet there they went to Inisowen and designed to surprise Strabane but Hugh Duffe O Donell gave notice hereof to Captain Merriman and offered his assistance and so Merriman with 160 Soldiers and O Donell with a few of his fâ—llowers marcht all night to surprise the Scots But 〈◊〉 their great amazement they found the Scots in a readinesâ—â—nd above 600 strong so that they were able to divide 〈◊〉 Army into three divisions so to assail the Royalists threâ— several ways whilst the English being so few were forced to keep in one entire Body Alexander Mac Surly who commanded the Scots challeng'd Merriman to a Combate and a lusty Gallowglasse being by said he was the Captain and so to the Duel they go the Gallowglasse stund the Scot at the first blow but he recovering himself kill'd the Gallowglasse and thereupon Merriman stept out and fought Alexander a good while with Sword and Target and so wounded him in the Leg that he was forced to retreat and thereupon his Army being discouraged were totally routed and Alexander being hid under a Turf in Cabbin was discovered and his Head cut off and set on a Pole in Dublin But how fortunate soever the Summer Progress was yet the Deputy's Enemies complain'd against it as chargeable and unnecessary so that he was forced to return to Dublin the 16th of August where old Surlyboy came and submitted unto him The chief Articles against the Deputy were That he was severe and forc'd the People to the Oath of Allegiance and pryed into men's Patents and endeavour'd to promote Laws against Recusants and to repeal Poyning's Act and this Impeachment was abetted by the Chancellour whom being also Archbishop of Dublin the Deputy had disoblig'd by endeavouring to appropriate the Revenues of St. Patrick's Church to the new design'd University and by carrying himself too Magisterially in the Government with the Chancellour Sir Henry Bagnal Secretary Fenton and others of the Council sided so that it grew into a powerfull Faction by which the Deputy was often thwarted at Council Board and else where The Lord Treasurer of England was a fast Friend to the Arch-bishop so that by his means the appropriating of the Livings of St. Patrick's Church was stopt and other Affronts were put upon the Deputy which so enraged him that he spoke some passionate words of the Queen which were the cause of his Ruine afterwards and particularly having received some kind Letters from the Queen after some ill usage that he resented Look ye says he to the standers by now the Queen is ready to bepiss her self for fear of the Spaniard I am become her white Boy again This Deputy was supposed to be the Son of Henry the Eighth and had much of his towring Spirit in him When he was Condemn'd he ask'd the Lieutenant of the Tower whether the Queen would sacrifice her Brother to his frisking Adversaries meaning the Lord Chancellour Hatton who he said came into Court by the Galliard He was condemn'd on the Preists forged Letter and dyed suddenly in the Tower and his Son Sir Thomas Perot was restor'd to his Estate Nor did these his open Enemies only impeach him themselves but they also instigated the Lords and Gentlemen of the Pale as was believed to complain by their Letter of the 15th of July 1585. that besides the 2100 l. which they had consented should be levyed in lieu of the Cess the Lord Deputy design'd to impose a second Charge of 1500 l. per annum upon them thereby to make Her Majesty's Government intolerable to them but some of these Lords and Gentlemen being afterwards undeceiv'd generously wrote their Retractation of their former mistake to the Lords of the Council of England Nevertheless the Deputy proceeded in his duty and issued a Commission to two and twenty Gentlemen whereof Sir Richard Bingham Lib. L. 15th July 1585. White and Waterhouse were of the Quorum Authorizing them to compound between the Queen and the Subject and between the Lord and the Tenant for Cess Cuttings and other incertain Exactions and to bring the Inhabitants of Connaugh and Twomond to a composition of paying ten Shillings per annum for every quarter of Land containing 120 Acres besides a certain number of Soldiers amongst them on every rising out they proceeded by Inquisition by a Jury to find out the number of Plow-lands and the County of Mayo was found to contain 1448 quarters of Land whereof 248 might be exempted and paid 600 l. per annum and contributed 200 Foot and 40 Horse at their own charge when required and 50 Foot and 15 Horse in such manner as the Peers and English Bishops ought to do Sept. 1585. and this was done by Indenture whereby they voluntarily renounced the Irish Captainships Styles and Titles and abolish'd the Irish Gavelkind and Tanistry and agreed to hold their Lands by Patent according to Law and the like was done in the rest of Connaugh and the whole Province was found to contain 8169 quarters of Land whereof 2339 being exempted there remain'd 6836 liable to an annual Rent of 3418. 5. 8. and to contribute 1054 Foot and 224 Horse to the General Hostings in Connaugh and 332 Foot and 88 Horse at any time for Forty days any where in Ireland And Twomond for 1259 Plow'd Land agreed to pay 543 10 0
levying Forces two year before to distrain for Rent he pretended due to him in the Ferny Camd. Eliz. 447. The Irish say he had hard measure and instance much foul practice in the Prosecution and Tryall but however that be the poor Gentleman was hang'd and his Countrey divided between Sir Henry Bagnall Cap. Henslow and four of the Mac Mahouns under a yearly Rent each of them giving considerable Bribes to the Deputy as they said in their Complaint to the Council of England but the Lord Deputy in his Answer did vindicate himself from these unjust Aspersitions or at least endeavour to doe so however it must be observed that from henceforward the Irish loathed Sheriffs and the English Neighbourhood as fearing in time they might all follow the Fate of Mac Mahoun and therefore in the great Treaty near Dundalk in Jan. 1595. they all desired to be exempted from Garisons Sheriffs and other Officers In May 1590. the Earl of â—â—â—one went for England where he was in an easie manner râ—â—trained of his Liberty because he came over without the Deputy's Licence but upon his submission he was discharged of his Confinement and came to a new Agreement with the Queen which is to be found at large Morison 9. and offered Hostages thereof provided they might be kept in some Merchant's House in Dublin or some Gentleman's House in the Pale and be exchanged every three Months The reason why he was so much favour'd and trusted was because he advised the suppression of the Name of O Neal which was really of great importance and he was believ'd to be sincere because being the Son of a Bastard he could have no pretence to it and it stood not with his interest that any body else should have it and so his Power and Authority was in England thought to to be a Bridle upon Turlogh Lynogh and the Sons of Shane O Neal. On the 28th of May 1590. seaventy one Soldiers of Sir Thomas Norris's Company mutinied for want of Pay they came arm'd to the Castle Gate The Deputy offered them two month's Pay but they insisted upon all whereupon he courageously caused the Gate to be opened and sent them a Message that whoever entered the Castle should be hanged as a Traitour they answered that they did not intend to enter upon that the Deputy rode out to Church Sir Geo-Carew Master of the Ordnance bearing the Sword before him the Mutiniers made a Guard for him and begg'd his Lordship would consider them but he briskly rode up to one of them and finding many Gentlemen behind him he ordered them to disarm the Mutiniers but they prevented it by laying down their Arms and placing themselves on their Knees supplicated his Lordship's favour and though they were tied two and two together and sent to Newgate to vindicate the Authority which they had affronted yet because their Indigencies were great I suppose they came off without much severity About December four considerable Prisoners escaped out of the Castle of Dublin December 1590. not without the privity of a great Man well bribed as was supposed viz. the two Sons of Shane O Neal O Donell's Son and Philip O Reily but the Weather being very bad and the Journey tedious Art O Neal one of the Prisoners dyed by the way but the rest escaped to Vlster where the two other Sons of Shane O Neal fell into the power and possession of the Earl of Tyrone anno 1594. who kept them Prisoners and would by no means enlarge them or deliver them to the Deputy Tyrone on the 9th of August appeared at Dublin and confirmed the Agreement he had made in England but when he was urged to the performance of it the used many shifts and delays and desired the like security might be requir'd of his Nighbours This Winter Turlogh Lynogh's Men were wounded by Tyrone's and the next Summer the Marshal Bagnall's Sister was taken away and married to the Earl of Tyrone so that he became again obnoxious to the State and odious to the Marshal because he had another Wife then living Wherefore on the 16th of July he wrote to the Lords of the Council in England that Turlogh's Men were preying his Country and were killed by their own fault and in October following he wrote to the Deputy that the Marshal's Sister married him voluntarily and that he was lawfully divorced from his former Wife In the mean time viz. July 1591. Tyrone was made a County and divided into eight Baronies Dungannon being appointed for the Shire-town which amongst other things and particularly the Authority of Marshal Bagnall so fretted Tyrone that 't is believed it was this Summer confederated between him and the rest of the Irish to defend their pretended Rights and Religion against all Heretical Opposers and not to admit Sheriffs into their Countries This Winter Commissioners sate at Monaghan in order to settle the Country on the Queen's Patentees and had 100 Soldiers for their Guard they were allarmed and disturbed at the rumour that Con Tyrone's Son was appoaching for which Tyrone was blam'd but he answered That they were frighted at the sight of two Horsemen there being no more near them at the time of the Allarm However the State grew every day more and more jealous of him and the â—ather because he entertained a Friendship with Hughroe who escaped out of Dublin Castle as aforesaid and was now the O Donell his Father being dead and had surprized the Castle of Montross nor did Tyrone's pretence that he did this in order to make O Donell a good Subject give any satisfaction to the State although at the same time he craftily desired the Lords of the Council to interpose so that he might have the Marshal's Love and that they might live friendly together On the 12th of July a Commission issued to Sir Thomas Norris Sir Robert Gardiner Sir Nicholas Walsh 1592. Roger Wilbraham and James Gold to compound with the Inhabitants of Munster for Cess and Purveyance c. and thereupon in September following the Commissioners did make a Composition for three years which amounted yearly to the following Summs viz. The Barony of Orrery 20 00 00 Condons 06 00 00 Kinalea 15 00 00 Ibawne 25 00 00 Fermoy 25 00 00 Ivelegham and Gormlehan alias Barrymore 42 00 00 Clanmorris 50 00 00 Desmond 30 00 00 County of Waterford Poers Country 45 00 00 Decyes 35 00 00 Â Coshmore Coshbride 12 00 00 Â Ifeagh 18 00 00 Â Imokilly 60 00 00 Â Barretts 23 00 00 Â Conrâ—yes 05 00 00 Â Duhallow 30 00 00 Â Muskry 35 00 00 Â Bear and Bantry 13 06 08 Â Carbry 80 00 00 The Barony of Connilo was to pay 25 s. for every quarter of Land and small County but five Shillings per annum and the rest of the County of Limerick 10 s. per annum for every Plow-land The Barony of Kyrricurry was to pay 1 6 8 in lieu of all charges
Pledges and pay such reasonable Fine as Her Majesty shall think fit and so he sign'd a Submission and swore Obedience His Pardon was sign'd the 12th of May and sent to Sir Edward Moor to be delivered I suppose on the receipt of Hostages and on the 31st Tyrone sent the State a kind Letter he had received from the King of Spain but made the Messenger swear that no Copy of it should be taken The Queen was wonderfully pleased with the Pacification of Vlster 25 May 1596. and by her Letters to the Council commended Norris for that great service she upbraids Her Officers in Ireland with the monstrous Accusations brought against them by the Irish and declares she will subdue the stubborn by the Sword but will govern the oppressed by justice therefore she commands them to Unanimity in her Service and to commission Norris and Fenton to settle Connaugh and to examine the many Complaints that are made against Sir Richard Bingham Sir Edward Moor who carried Tyrone's Pardon could not find that Earl who purposely went out of the way to avoid it for three Pinaces with about 200 men and some Powder arrived from Spain in May consigned to O Donell with promise of farther supply as is most probable whereupon the Vlster Lords were so far from observing the late Peace that Tyrone took upon him to make an O Reily and entertain'd a correspondence with Pheagh Mac Hugh and other of the Rebels of Leinster Lib. M. Lambeth and on the 6th of July Tyrone O Rourk Mac William c. sent the Clan-shyhyes to stir up Rebellion in Munster and sign'd a general Letter or Credential to that effect he delay'd taking his Pardon till the 22th of July and even then refused to renounce foreign Aid upon Oath however he put in his Pledges and protested Loyalty and Obedience only to delay the War a little longer for which he was not yet so fully prepared as he desir'd for he had not an answer from Pheagh Mac Hugh till the latter end of August and then he received one to his content For in the beginning of August Pheagh Mac Hugh although he was under protection enter'd into open Rebellion Lib. B. 2. Lambeth and by surprise took and raz'd the Fort of Ballyne Cor and great suspicion was had of the O Moors and some of the Butlers there was noise also of some Spaniards at Sea so that the Lord Deputy complaining that he was not countenanced nor credited in England as he ought to be petitioned to the Lords of the Council there to be a means to remove him from the Government However these Misfortunes were somewhat alleviated by the quiet and peaceable condition of Connaugh which the General Norris and Sir Geoffry Fenton had reduced to terms of Submission The Deputy marched out of Dublin the 18th of September to prosecute Pheagh Mac Hugh and for some time encamped at Rathdrome he took many Preys and slew some Rebels and on the 16th of November caused two of the Pledges which Pheagh Mac Hugh had put in for his good behaviour to be executed in the Camp In like manner the Earl of Ormond effectually prosecuted the Butlers as Sir Anthony Samtbeger did the O Moors and O Connors In the mean time Tyrone is not idle but notwithstanding his Submission and his Pledges Camd. Eliz. 515. he attempted to surprise Armagh and killed 35 men of that Garison he oppos'd the Convoy that carried the Victuals thither and murthered eight of the Garison that went out for Wood his Son in Law Henry Oge made Incursions into the Pale as far as the River Boyne he also endeavour'd to surprise Carlingford Castle and contrary to his Covenant refused to suffer any relief to be brought to the Fort of Blackwater Whereupon the Lord Deputy and Council wrote him a smart Letter on the 30th of November which he answered the 4th of December and alleadg'd that he had just provocation to doe what he did because his Allie and Confederate Pheagh Mac Hugh was prosecuted by the State This was but a lame excuse for that Rebel was not at all comprehended in Tyrone's Articles however General Norris so far espoused O Neal's Quarrel that he wrote to the Council Board that one good Letter would have prevented the danger Armagh is in whereby he covertly reprehended the Deputy's severity But the Board sent him a smart answer and since he understood Tyrone's Humor best they left it to him to relieve Armagh by Force or Treaty as he thought fit On the 30th of December Captain Lea had a Rencounter with Pheagh Mac Hugh and had the good fortune to kill thirty of the Rebels and sent most of their heads to Dublin On the second of January Sir Richard Bingham being a severe Governour and perhaps therefore obnoxious to the Irish who were frequent Transgressours was upon their repeated complaints removed from the Government of Connaugh and Sir Conyers Clifford substituted in his room On the 15th of January General Norris accompanied by Bourchier and Fenton marched from Dublin to re-victual Armagh and on the 22d met with Tyrone who complemented the General at a great rate applauded his Moderation and thank'd him for his Friendship offered to suffer Armagh to be re-victualled as it was without opposition and made all the Protestations of Loyalty and offers of Submission that could be devis'd and desired that the General would procure a new Commission to conclude an everlasting Peace with him which accordingly was granted to Norris Bourchier and Secretary Fenton whereof they gave notice to Tyrone and appointed him to meet on the second of April but he by his Letter of the 15th of March alleadged many frivolous Excuses and though they by their dispatch of the 22d assured him of all reasonable satisfaction 1579. yet he still persisted in his Excuses wherefore they wrote to him again the tenth of April and he by his answer of the 15th made many triviall Complaints and particularly he questioned the General 's Power to make good what he should promise for that possibly the new Deputy should not approve of what they should agree to and therefore he desired a farther day whereupon the General finding too late that he was baffled and abus'd by that cunning Traitor he exclaimed against his Perfidiousness and broke off the Treaty In the mean time O Donell had invaded Connaugh in January and drew most of the late pardoned Rebels into a new Revolt so that Clifford was oblig'd to hasten to that Government Some of the Rebels of the Brenny attempted the Town of Kells but by the Valour and Vigilance of Captain Street they were disappointed and lost 35 of their Company The Deputy made a Journey to Caterlogh and thence to Kilcor and staid thereabouts pursuing Pheagh Mac Hugh and his Abetters from the 18th of February to the 15th of March Lib. B. 2. Lambeth on the 12th of which month 140 Barrels of Powder took fire at
and stronger Order than they and such means to keep from them the maintenance of their Life and to waste the Countrey which should nourish them your Majesty may promise your self that this Action will in the end be successfull though costly and that your Victory will be certain though many of us your honest Servants must sacrifice our selves in the Quarrel and that this Kingdom will be reduced though it will ask besides Cost a great deal of Care Industry and Time In June Sir Henry Harrington and some of his young Captains with 600 Men left in the Glinnes received a Baffle from the O Brians by their own fault which Essex punished by Decimation and the Execution of an Irish Lieutenant Pierce Walsh on whom the blame of that Disaster was chiefly laid But the Lord Lieutenant understanding the Queen was angry at his fruitless Munster-Expedition attributed the fault to the Council and assured Her Majesty by Letter of his speedy March to Vlster and yet instead of that he went with 2500 men into Leix and Ophaly and totally ruined the O Moors and O Connors and on his return found his Army so impair'd that he and the Council joyn'd in a Letter for a supply of 1000 Men. And being now resolved for Vlster he ordered Clifford Governour of Connaugh to march to Belick to distress Tyrone on that side accordingly he march'd with 100 Horse and 1400 Foot but being encountered by O Rourk and 200 Rebels at a Pass our Men being tired and wanting Powder were routed 140 slain together with Clifford and Sir Alexander Ratcliff and as many wounded nay they had all been lost were it not for the valour of the Horse who secured their Retreat and so the next day they marched back to Athloan Essex received the supply of 1000 Foot he had sent for into England and yet made no other attempts against Tyrone than that with 250 Foot and 300 Horse he came to the borders of Vlster about the lattter end of August and on the 8th of September held a Parley with Tyrone at the Ford of Balla-clinch Camd. Eliz. 570. and concluded on a Truce for six weeks and so from six weeks to six weeks till May provided either Party might break it on fourteen days notice before hand and on the 22d of September he gave a Commission to the Council of Munster or any three of them to govern that Province Quorum Sir Warham Saint Leger or Sir Henry Power to be one Soon after his return to Dublin Camb. Eliz. 572. Essex and the Council received a sharp Letter from the Queen dated the 14th of September taxing his and their ill Conduct and Disobedience to her positive Commands whereat he was so nettled that he immediately went for England where he unexpectedly came to Court on the 28th of September and being reprimanded for that Vagary Lib. C. his Apology was in effect That no harm had followed his rash Deserting Ireland that he left things in the best order and in the hands of the best Men he could and left so good Instructions that they have not been much altered since and that he came over in a time of Truce Adam Loftus Lord Chancellour Sir George Cary Treasurer at Wars Lords Justices were sworn the 24th of September whereupon Tyrone grew haugthy and publickly profess'd that he would recover the Liberty of Religion and his Countrey To him came Fryar Matthew de Oviedo titular Archbishop of Dublin and Don Martin de la Cerda they brought Papal Indulgencies for all that would take Arms against the English and a Phoenix Plume to O Neal and 22000 pieces of Gold from the King of Spain to distribute as they saw cause Hereupon O Neal in the beginning of December gave notice that after fourteen days he would break the Truce and soon after viz. the 20th of January under pretence of a Pilgrimage to the Holy Cross in Typperary he made a Journey into Munster to confer with the Sugan Earl of Desmond and to debauch those people from their Duty he had with him 2500 Foot and 200 Horse de deposed Daniel Mac Carty Moor and placed Florence Mac Carty in his stead he burnt and spoiled all that would not joyn with him especially the Lord Barry and he took Pledges of all those whose zeal he doubted and particularly of the White Knight and the Earl of Desâ—ond and by his Journey wonderfully encreased the number of the Rebels so that there were very few Irish that had not intelligence with him or shewed manifest inclination to him they were also very much encouraged by the death of Sir Thomas Norris Lord President of Munster who dyed at Mallow of a wound he had received in a Conflict with the Burks as also by the death of Sir Warham Saint Leger one of the Commissioners of Munster on the death of Norris who taking the air within a Mile of Cork was assaulted by Macguire and both of them slain so that it was now high time to provide a Govenour for the Kingdom and a particular President for that Province and the Queen shewed abundance of judgment in her choice of both Sir George Carew afterwards Earl of Totness was appointed Lord President of Munster and Charles Lord Montjoy Lord Deputy they landed at the Hill of Hoath the 24th of February 1599. The Lord President stayed at Dublin some time to get his Commission and Instructions and to learn the State of the Kingdom and on the seaventh of April 1600. with 700 Foot and 100 Horse being accompanied with his Excellency to Chappel Izzod he went to his Province Lib. C. and on the seventh of March 1599. the Lord Deputy and Council issued a Proclamation to give notice that the Queen had appointed Commissioners to sit three months to enquire what Money was due to the Subject by Bill Ticket or otherwise since the first day of Sir William Russel's Government for Bieves Diet of Soldiers Money delivered or other Services in order to their Satisfaction On the 10th of April the President being at Kilkenny 1600. was desired by the Earl of Ormond to go with him eight Miles to parley with Owen Mac Rory O Moor which he did and the Issue was Pacata Hibernia 24. that by the Treachery of the Rebels Ormond was taken Prisoner and the President and the Earl of Twomond hardly escaped by the swiftness of their Horses whereupon Pierce Lacy who was lately come into Protection relapsed again On the the 16th of April the Lord President came to Waterford where some Fitz-giralds of the Decyes and some of Powers submitted to him and were pardoned The Lord Lieutenant on the 10th of March went to Mulingar to intercept Tyrone in his return from Munster but he having notice of that design left 1000 Men with Desmond and 800 with the Butlers and with a small Company and by exceeding long Marches escap'd into Vlster but he lost his Reputation and many of his Men in this hasty
and William Burk another of his Brothers was sorely wounded In December Captain Francis Slingsby with 500 Foot burnt prey'd and destroy'd Owny Omulrian's Country and did the like to East Clanwilliam Arloghwoods and Muskryquirck and kill'd every Soul he found there whereupon the Burks and Brians who had sled thence submitted and were pardoned The President having notice that the Sugan Earl and Dermond Macgragh titular Bishop of Cork were at Lisbarry in Drumfinin-Woods sent a Party thither who were so near surprizing them that the Sugan Earl was â—ain to run away barefoot and the Bishop got some old Rags about him and so well personated an old impotent Beggar that the English who met him did not think him worth a hanging and therefore suffered him to pass About the 18th of December Sir Francis Barkly having notice that many Rebels were relieved in Clanawly marcht thither and got a Prey of 1000 Cows 200 Garrons many Sheep and other Booty and had the killing of many Traytors And the President having notice of a Marriage design'd between O Donell and the Earl of Desmond's Sister Joan very seasonably prevented it Geofry Galway Mayor of Limerick had formerly imprison'd a Souldier for Petty Larceny and notwithstanding repeated Orders from the President who was then ready to march he refused to try or enlarge him wherefore now the President turn'd him out of his Office and made him pay a Fine of 400 l. which was expended in the repair of the Castle of Limerick Some of the Garrison of Kerry made a Sally into Desmond and the Servants of John Barry Sheriff of the County of Cork did the like to pursue some Rebels that were fled thither but Florence mac Carthy would have his Territories a Sanctuary inviolable and therefore his Followers routed both these Parties and kill'd several of the Sheriff's men and two of the Souldiers However on parol he came to the President and was by him advis'd to go to England whereto he pretended to consent and obtain'd the President 's Letter to the People of Carbry to encourage them to contribute to the charge of the Journey but when he had collected their Benevolence he took farther time to consider of the Voyage But let us return to the Lord Lieutenant who was resolv'd to be reveng'd on the Birnes and Tools who daily disquieted Dublin especially in his absence and he manag'd his design so secretly and with such expedition that on Christmas-day he surpriz'd Phelim Mac Pheagh in his own House from whence he narrowly escaped at a back window but his Wife and eldest Son were taken and there the Lord Lieutenant staid till the 20th of January and spoil'd and ransack'd the Country burnt the Corn and Houses and planted Garisons at Tullogh and Wicklow and then went to Monsterevan and so to Trim from whence on the 11th of February he went towards Molingar and so to Athlone and in his return homeward on the 20th of February he attack'd a small Island in Westmeath where Captain Tyrrel lay but for want of conveniences to get into the Island the first and second attempts were fruitless but whil'st he prepared better for a third essay and proclaim'd Tyrrel's Head at 1000 Crowns on the 24th of February the Rebels in the night stole away thence he march'd into Ophaly Leix and Meath and on the 6th of March came to Trym and having made some Incursions into the Fearny where they found small resistance on the 21st of March he came to Tredagh where he altered the List of the Foot and dispos'd them into Garisons and so return'd to Dublin on the 26th of April 1601. In this Journey Montjoy received Orders to proclaim the mixt Money and to grant Tyrconnel to Neale Garve and Fermanagh to Connor Roe Macguire who had taken prisoner Cormock O Neal eldest Nephew and Tanist of O Neal and the hopefullest Man of the Family also Morrison Governor of Dundalk had good success in the Fews and brought with him Turlogh Mac Henry O Neal Tyrone's Brother who submitted to the Lord Lieutenant and was pardon'd as also Ever Mac Cooly Mac Mahone chief of the Fearny O Hanlon and the Septs of Brenny and the Queens Macguire had 200 Men given him for his assistance The Lord President of Munster proposed that a general pardon to all of his Province might be granted with some few exceptions but this would be disadvantagious to the Officers of the Court and their Clarks and therefore the Queen order'd that every body that the President should recommend should be pardon'd whereupon before the end of February 1600 more than 4000 Pardons were taken out by the Provincials of Munster viz. to Mac Carty Reagh and 210 followers O Sullivane Beare and 528. John O Dwyer and 158. James Fitzgirald and 370. Teig O Bryan and 221. O Mulrian and 83. O Sullivane more 481. Mogelly people 151. Inhabitants of Kerry 270. and Muskry 542. in every one of which Pardons was a Proviso that they should not be of force to any other than the actual Tenants and known Followers of the Lord who procured the pardon nor to any of them that was on Bail or in Prison On the 31st of March 1601. the Queen sign'd the Irish Establishment which amounted to 255773 l. 14 s. 0 d. besides some Contingencies as Ammunition levying of Horse and Foot and the Charge at Sea which might arise in all to about 50000 l. more On the 6th of April the Captains Bodly and Blany did good service on the Island Loghrurcane which the Rebels had made their Magazine and tho' they could not get into the Island yet by shooting Arrows with Wild-fire into it they burnt the Cabbins and what was in them and return'd with the loss of two Men. About the same time Sir Henry Dockwra Governor of Loghfoyle took the submission of Hugh Boy who discovered to him the Juglings of Florence Mac Carty and the certainty of the Spanish Invasion of Munster Also Phelimy oge O Dogharty offered to submit on Conditions advantagious to the State and Captain Bowles exceedingly infested O Cane and slew 50 of his Men and burnt his Houses and Corn nor was the Garison of the Liffer deficient in their enterprize on Tyrconel for they slew many of the Inhabitants and brought away 200 Cows and other Booties and burnt New-town The Queens Macguire being setled in Fermanagh and a Garison planted in the Brenny the chief thing to be done was to settle a Garison at Balishanon which was to be effected by way of Connaugh in the mean time Sir Henry Dockwra at Loghfoil secured O Dogharty's Country viz. Inisowen and had spoilt Hugh Mac Hughduff's Country but that he was betray'd by an Irish Souldier who ran away and discover'd the Design however it was not long before he did invade it and took a prey of 1000 Cows and burnt what he could not carry away whereupon Mac Swiny Na doe Mac Swiny fanagh O Boyle and Shane Mac Manus oge O Donel
time Macguire also submitted and promis'd to repair Eniskilling at his own charge and the Earl of Tyrone with about 600 Foot and 60 Horse were retir'd into an inaccessible Fastness at the end of Logherne But there being a Rumor that the Spaniards were again landed in Munster Sir Henry Dockwra was posted at Agher and Sir Arthur Chichester at Fort Montjoy and the Lord Deputy on the 11th of September return'd to Newry and soon after to Dublin and in November Rory O Donell and most of the O Relyes submitted unto him Morison 249. and on the 12th of November the Earl of Tyrone sent him an absolute Submission very handsomly worded and yet at the same time he wrote to O Connor Sligo not to make a separate Peace but that they should stand or fall together In the mean time Sir Oliver Lambert had driven the Burks and their Mac William out of the County of Mayo and on the 18th of November the Deputy began his Journey to Connaugh and on the second of December he came to Athloan and on the 14th of December O Connor Sligo and Rory O Donell came thither and made their Submission to him and although O Connor did act his part well and alleadg'd many plausible excuses yet O Donell not only out-did him but also exceeded all others that had submitted to that day for he was very frank and generous in his Deportment and submitted without Capitulation or Condition which was the more regarded because he was a man of Parts and Courage but the difficulty was how to compromise the matter between him and Sir Neal Garve who was no better than an insatiable unruly Beast The Deputy kept Christmas at Galway and there received into favour the Flahertyes Mac Dermonds O Connor roe and others so that only the sickle and treacherous O Rourk notwithstanding his Letters to the Deputy that he would submit and Tyrones Macguire and Tyrrell persisted in this Rebellion with the Earl of Tyrone The Deputy ordered that the Fort of Gallaway should be finished and appointed three several small Armies to attack O Rourk but because it may seem that these people could never relapse and apostatize as many of them did if there had been any obligation laid upon them to be loyal I thought it not unnecessary to inform the Reader that every man that submitted took the following Oath First Morison 251 I Do acknowledge Elizabeth by the Grace of God Queen of England France and Ireland to be the only true Absolute and Soveraign Lady of this Realm of Ireland and of every part and of all the People thereof unto whose gracious mercy I do humbly submit my Land and Goods and with all faithful Repentance for my unnatural Disobedience unto her Royal Majesty do most earnestly implore her Mercy and Pardon for my self and such of my Followers as with me have been seduced to this wicked Rebellion Further I do renounce all and any manner of Obedience unto any other Power or Potentate which I owe only to my dread Soveraign Elizabeth and utterly abjure any dependancy and adherence to any of her Enemies whatsoever or disloyal Subjects and do promise swear and vow from henceforth to live in her Subjection in all Duty and Obedience and to use my best endeavours to the utmost of my power to withstand and confound any Enemy either forreign or domestick that shall attempt any thing against the Sacred Person or Estate of her Majesty or to the hurt of her faithful and obedient Subjects And especially and namely I do renounce as before and promise my endeavours as aforesaid against the King of Spain and the Arch-Traytor the Earl of Tyrone About the latter end of January the Lord Deputy returned to Dublin having engaged Rory O Donell to prosecute O Rourk and in the beginning of March some Forces were sent to help Sir Arthur Chichester to expel Brian mac Art who had secretly entered Killultagh with 500 men and they performed that Service effectually Morisin 271. and brought the Rebels to so low a condition that they saw three Children eating the Entrails of their dead Mother upon whose Flesh they had fed twenty days and roasted it by a slow Fire and it was manifest that some older people had been in that starving condition that they murdered and eat Children for a long time together and were at last discovered and executed for that Barbarity In short the Famine of Jerusalem did not exceed that amongst the Rebels of Ireland and therefore it is no wonder that on the 30th of March 1602. Cambd. Eliz. 658. the Earl of Tyrone not knowing the Queen's death did at Melifont in most humble manner and upon his knees make his submission to the Deputy tho' at the same time Sir Neal Garve being discontented did with Mac Swiny concert the measures of a new Rebellion and took upon him the name of O Donell and made the people swear Fealty to him In Munster the Irish by the contrivance of O Sullevan Bear had surprized the Castle of Dunboy and taken it from the Spaniards in February whereat Don John was exceedingly troubled and offered to go in person to recover the Castle that it might be surrendered according to Capitulations 1601. but the Deputy and President who were willing to be rid of him excus'd him for that and told him They would take care to reduce the Irish to their Duty and so Don John and his Spaniards imbarqu'd for Spain on the 8th although they did not set sail till the 16th of March In the mean time O Sullevan was busie fortifying Dunboy and had hired Tirrell William Burk and others with 1000 〈◊〉 for his defence and the President was not idle but on the 9th of March sent the Earl of Twomond with 1200 Foot and 10 Horse into Carbery and Bantry to destroy those Countries and to view Dunboy that he might be the better able to provide for its Reduction but the Earl could march no farther than Bantry where he left five Companies in Garrison and returned to Cork On the 23th of April the President marched from Cork to Awnebuy 1602. and on the 24th came to Tymoleague the 25th to Ross the 26th to Castlehaven the 27th to Baltimore the 29th to Kilcoe and the 30th to Castle-Carew alias Dowminark On the first of May Capt. Taaf took a Prey of 300 Cows and many Sheep and on the second Capt. John Barry brought in another Prey of 500 Cows 300 Sheep and 300 Garrans and on the 8th 300 men were in the night sent to Artully to meet Sir Charles Wilmott's Forces and to conduct them to the Camp which was effected to the great grief of the Rebels and a Prey of 4000 Cows was taken in Iveragh This Sir Charles Wilmot had done great Services in Kerry where he took the Castles of Lixnaw Ballyhow Castle-Gregory and Raâ—ane and defeated the Knight of Kerry and forced him and Damell mac Carty to submit But the
Three pence per Pound for other Goods due by Common Law But the Irish were very uneasie at the Plantation of Ulster and therefore it was necessary to countenance and protect it with an extraordinary Militia in that Province to support the Charge of which the King 1611. on the 22th day of May instituted the Order of Baronets which was to be Hereditary and not to exceed the number of Two hundred and every of them upon passing the Patent was to pay into the Exchequer as much Money as would maintain Thirty Men in Ulster for Three Years at Eight pence a day But if the Reader desires to know more of this Order I must refer him to Selden's Titles of Honour pag 822. and 909. and The Present State of England pag. 289. and Sir Richard Baker's Chronicle ad Annum 1611. But there had not been a Parliament in Ireland for Seven and twenty Years past since the Twenty seventh Year of Queen Elizabeth's Reign so that it was high time to call one now and the Ministers of State were at work to manage that Matter to the advantage of his Majesty and the English Protestant Interest in that Kingdom which they foresaw would be oppos'd with might and main by all those of the Popish Party and therefore they propos'd that an Order should issue for every Parliament-man to take the Oath of Supremacy and that the Lords should declare their Suffrages openly Content or Not content as in England and not rise and whisper in the Lord Chancellor's Ear as was the Custom in Ireland and that the King should find some Pretence to send for some few of those Noblemen that would most briskly oppose his Intentions as Henry the Eighth had formerly done and particularly that the Lord Courcy might not be suffered to sit in the House because his Ancestors were called by Writ and so his Honour being in Fee-simple did descend to Daughters who were Heirs-general of his Family and that the Lord Shrewsbury's Titles of Honour in Ireland were not * Contra adjudg'd 4. Inst cap. Ireland forfeited by the Act of Absentees and therefore he might have a Voice in that Parliament or make his Proxy and that for the Credit of the Business the Lord Deputy might be Ennobled before the Parliament sat But some of these were not practicable and the rest not thought fit to be done at that time But I must not forget to take notice of a necessary Office in those days tho now it be obsolete viz. the Interpreter to the State which was enjoy'd by Thomas Cahill with an Annual Sallary of 26 l. 6 s. 8 d. In September the Lord Deputy published a Proclamation of the intended Parliament and thereby invited the Subjects to exhibit their Grievances and to consider of Proposals for the Publick Good to be past into Acts and he also signified his Majesty's gracious Intentions to erect some new Corporations for the better Encouragement of the Plantation of Ulster And it seems that the Government was thenceforward imploy'd about the Plantation of Ulster and the Preparation of Bills to be past in the approaching Parliament and in erecting of some new Corporations viz. Belfast Charlemont Aâ—trim Bandon Cloghnikilty Tallow Newry Lifford Donegall Ballyshanon Tâ—â—am Eniskilling Traly Athy Bi r Kilmallock c. The Bills that were design'd to be made Acts of Parliament were 1. An Act to cut Paces and mend High-ways 2. To extinguish Uses and suppress fraudulent Conveyances 3. That Sale in Market overt should not alter Property of Stolen Goods 4. For the Enrolment of Deeds of Bargains and Sale and for Conveyance of Land 5. To try Accessories in Foreign Counties 6. To reduce Peremptory Challenges to Twenty 7. To enable Tenant in Tail to make Leases 8. To deprive some Criminals of Benefit of Clargy as in England 9. For making Linen Cloth sowing Hemp and Flax. 10. For Trial of Pyrates 11. To Re-edifie Cathedral Churches and to remove some of them to Gallway Dingle Carigfergus Newry Wexfoâ—d Cavan c. 12. To restrain Ecclesiastical Persons from Alienating c. 13. Against Pluralities Non-residence or Simony 14. Against Receivers and Harbourers of Jesuits Serminary Priests c. 15. And sending Children beyond Seas 16. Against Idle Holy-days 17. To expeâ— Monks Friarâ— Nuns c. 18. To give the King all Chantries and other Superstitious Uses 19. To establish the Compositions 20. For the Attainder of the Earls of Tyrone Tytconel and others 21. To revive and perpetâ—ate the Impost of Wines 22. To Naturalize Manufactures 23. To resume all Immunities to Corporations from Customs 24. That those Attainded of Treason in England shall forfeit their Estates in Ireland 25. An Act of Recognition 26. To abolish the Brehon Law and Tanistry and Irish Exactions 27. Artificers Apprentices to be Free-men in any Corporation 28. Against Idlers and Vagabonds 29. The Barony to answer the Stealth unless they can track it farther 30. That Bastards take the Name of the Mother and that it be Felony to lay it to any Man 31. No Man to keep a Woman as a Wiâ—â— and turn her away at pleasure on pain of One Years Imprisonment And if any Authorized Priest do divorce it to be Felony 32. Against Usury above Ten per Cent. 33. To impower Judges of Assiâ—â— to raise Taxes for Court-houses and Goals But in November 1612 1612. the Popish Lords dissatisfied with these Proceedings wrote a joynt Letter to the King complaining that the Bills to be passed in the next Parliament were not Communicated to them they also complained of the new Corporations and that the Oath of Supremacy was tendered to Magistrates and they insinuated the Danger of a general Revolt and concluded that if the Laws about Religion were repeal'd a firm and faithful Subjection would be established in their Minds and on the 17 th of May 1613. the Popish Lords did Petition the Lord Deputy to the effect aforesaid adding nevertheless some stubborn and unseemly Expressions and questioning the Kings Prerogative in erecting new Corporations or calling by Writ new Lords to Parliament and they affirmed some of the new Burroughs were unfit to be incorporated and they excepted against the Castle of Dublin for the place of Session and the rather because the Ammunition being there they might be in Danger of being blown up and they were troubled at the Lord Deputies Guard as that which they said was design'd to keep them in Awe and terrifie them into Compliance But these were but vain Pretences Lib. C. for they well enough knew that the Guard was but 100 Men as was usual and Customary and that it was impossible to blow up the Papists but that the Protestants also and perhaps the City of Dublin must have likewise been destroy'd on the contrary the Papists were so far from being afraid that they were very tumultuous and came to Dublin in vast numbers to frighten the Government The Lord Gormanstowne was amongst the most Seditious and unruly
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
matter of Parliament you have carried your selves tumultuarily and undutifully and that your Proceedings have been rude disorderly and inexcusable and worthy of severe Punishment which by reason of your Submission I do forbear but not remit till I see your dutiful Carriage in this Parliament where by your Obedience to the Deputy and State and your future good Behaviour you may redeem your by-past miscarriage and then you may deserve not only Pardon but Favour and Cherishing Hereupon they were all dismist and the Lord Deputy having O Dogharty's Estate in Inisowen given to him by the King for his good Service was sent back with Directions to hold the Parliament and so on the 27th of July 1614. Sir ARTHUR CHICHESTER Lord Deputy to Ireland and held the Parliament on the 11th day of October to which day it had been Prorogued and now were the Recusants at a stand for some invention or other to delay the Proceedings of this Parliament but could not find any other then a very simple Pretence That the Lord of Slane ought to take place of the Lord of Kerry and hereupon great Contests did arise and tho' it was formally determin'd on the 11th of November 1614. by the Lord Deputy and Council by Virtue of a special Commission yet the Lord of Slane being egged on by others of the discontented Lords desir'd are hearing which was granted and on the 18th of the same Month there was a second Debate which produced the Confirmation of the former Seâ—â—â—nce in favour of the Lord of Kerry but notwithstanding that the Lord of Slane being perswaded by the Lord of Delvin and some others of the Pale continued obstinate and refused to Sit in the House unless he might have his right place but at length being charged upon his Allegiante to appear in the House he did submit tho very unwillingly The Arguments urg'd by the Baron of Slane were 1. That his Predecessors were from the time of Henry the Second styled Barons of Slane 2. That in all Records they are named before the Lords of Kerry and particularly in a Record in the time of Edward the Second 3. That the Lord of Gormanstown had precedence of the Lord of Kerry at the Parliament 48 Edw. 3. and the Lord of Slane took place of him 4. The Lords of Kerry from 50 Edw. 3 to 1. Henry the Seventh never served the Crown nor held any Correspondence with the Government and therefore forfeited their Dignity 5. That the Lord of Kerry was indicted of Rebellion 42 Elizabeth and pleaded his Pardon last Term so that his Call to the Parliament is quasi a new Creation The Lord of Kerry answered to the first That Hussy Fippo and others that held per baroniam of the Palatines or Lords of Leinster were styled Barons of Galtrim Skrine and Bergy yet were not really Lord Barons because they did not hold their Lands immediately from the King To the Second That it is false and that there was no Regular Parliament in Ireland till 12. Edw. 3 Ergo No Lord of Parliament till that time That the Lord of Kerry was there and so was not the Lord of Slane besides the Lord Slane held his Barony of a Subject Bartholomew Burghese one of the Heirs General of Hugh de Lacy whereas the Lord of Kerry held his Barony of the King in Capite To the third it is denied that the Lord of Gormanstown was at that Parliament of 48 Edw. 3. To the fourth That it is false and is objected because the Records of those times are lost but if true makes nothing in this Case and it is notorious that in the Parliament 33. Hen. 8. and 3. and 4. Philip and Mary the Lord of Kerry had his right place To the fifth that the Lord of Kerry was not Attainted but being impeach'd was Pardoned and so he forfeited nothing and if he had not an ancient Right to Sit in the Parliament the Lord Deputy could not Summon him a new having received no Orders from the King to do so But that which was most remarkable in this Tryal was That one Velden came in and depos'd that on St. George's day 1594 in the Cavalcade at Killkenny the Lord Slane had Precedence of the Lord of Kerry and his Horse was accordingly led before the others Horse but this 〈◊〉 Witness was contradicted by the Lord Chancellor the Earl of Thomond the Lord Dunboyn and the Marshall all which affirmed that they were then at Killkenny which Velden Confess'd and they protested that the Lord of Kerry was not there at all And so the next Year viz. in January 1615. the Earls of Suffolk Paenox Lib. G. Worcester and Pembrooke who by Commission excented the Marshals Office in England did confirm the Sentence in Ireland and by their Letter to the Lord Justices determin'd the Lord of Kerryes Claim to be just This rub being removed the Parliament proceeded to business and notwithstanding the insolence of the Popish Lawyers in the House of Commons and all the Obstructions they could give these following Bills were at last passed into Acts viz. 1. An Act of Recognition reciting that Ireland which before his Majesties Access to the Crown had been subject to 〈◊〉 Rebellions Rapines and Oppressions was by his Majesties gracious Government 〈◊〉 to better Order and that he has establish'd his Government in the Hearts of his People by the General Proclamation of 〈◊〉 and 〈◊〉 Actions for Trespassis done in the War between Subject and Subject at his first coming by his special Charters of Pardon by Name freely granted to many Thousands by remitting many great Debts 〈◊〉 of â—ent and Forfeitures and by strengthning defective Titles and re-granting the Lands to them on Surrenders by erecting Court-houses and enlarging the number of the judges and by 〈◊〉 a Civil Plantation in the forfeited Paris of Ulster formerly the Neâ—â— of Rebellion to the great Security of the Commonwealth 2. An Act that all Crimes committed 〈◊〉 the Sea or within the Jurisdiction of the Admirally shall be Tried in any County according to the Rules of the Common Law by Commission to the Admiral or his Deputy and Three or Four more or any Four of them 3. An Act for taking away Benefit of Clergy in certain Cases 4. An Act for the Attainder of the Earls of Tyrone and Tyrconell Sir Cahir O 〈◊〉 and several others 5. An Act to Repeal some former Acts prohibiting Trade or Commerce with the 〈◊〉 Enemies or to Marry or Foster with them and commanding to seise them as 〈◊〉 6. An Act of Repeal of a former Statute against bringing in retaining or marrying with Scots 7. An Act for Repairing and Mending Highways and Cawseys c. 8. An Act for avoiding Private and Secret 〈◊〉 9. An Act of Obliviâ—â— and General Pardon 10. An Act for One Subsidy Analact Hib. lib. 2. Which amounted to no more than 26042 l. and yet the Irish complain'd of it as a heavy Tax tho' they did not pay
went into England to give his Majesty a full account of his happy and successful Administration of the Government for I find he was created Lord Baron of Belfast on the 23th of February 1615 and perhaps then made Lord High Treasurer THOMAS JONES Archbishop of Dublin Lord Chancellor Sir JOHN DENHAM Lord Chief Justice of the King's Bench were Sworn Lords Justices on the 11th of February 1615. The Archbishop was the worthy Ancestor of the Lords of Ranelagh And Sir John Denham was the first that raised any Profit to the Crown from the Customs in Ireland which were Lett for Five hundred Pounds the first Year and before his Death which happened the 6th of January 1638 they were improved to that degree that they were farmed at Fifty Four thousand Pounds per Annum But the Papists beginning again to grow very insolent it was necessary to hasten the new Lord-Deputy thither and therefore on the 30th of August 1616. Sir OLIVER SAINT JOHN afterwards Viscount Grandison 1616. was sworn Lord-Deputy he behaved himself briskly against the Papists who were at that time very high in Ireland Mr. Sullivan says He was a Bloody Man and that he swore he would in two Years banish all the Priests and that he levied 600000◠from the Papists for Fines and Forfeitures for not going to Church and that in Dublin only he imprisoned Ninety Citizens for denying the King's Supremacy all which is notoriously 〈◊〉 And about the same time a most Scandalous lying Book was published Entituled Annalecta Hiberniae written by David Rooth Vicar Apostolick at the Instigation and Charge of the Lord M And stuffed with innumerable Lyes and malicious Accusations of the King's Government in Ireland and yet dedicated to the Prince of Wales which is a high strain of Impudence and Folly to dedicate to the Son Reflections and Scandals upon the Father and as if that Author intended to mock the Son as well as to abuse the Father and that his Dedication to him should pass for nothing he has added another Dedication by way of Appeal to all Foreign Emperors Kings and Princes wherein he avers That the Irish look for nothing but that the King would use them like a King i. e. not like a Tyrant and when I have added that he compares the King to Julian the Apostate and Cajus Caligula and the English-men to Dogs and Wild-Beasts I have said enough of the Spirit and design of that malicious Author The Exorbitances of the Papists did indeed at this time oblige the Government to keep a stricter hand over them than hitherto they had done and two things were resolved on to humble them one was to banish all their Regulars which did in great numbers swarm almost every where in that Kingdom And the other was to suffer no Magistrates or Officers but what should take the Oath of Supremacy according to Law and in order thereunto there did issue a Proclamation against the Popish Clergy on the 13th of October 1617. Anno Dom. 1617. And afterwards on the 5th of March 1617 Donogh Earl of Twomond Lord President of Munster and Sir William Jones Lord Chief Justice of Ireland did by Virtue of a Commission under the Great Seal bearing date the 23d of January 1617 seize on the Liberties of Waterford and all their Rent Rolls Ensigns of Authority and their publick Revenues which amounted to Three Hundred and Four Pounds Ten Shillings per Annum and kept Assizes in the City for the County of Waterford The cause of this Seizure was because Nicholas White who from Michalmas 1615. to the 20th of October then next following did exercise the Office of Mayor of Waterford did on the 20th day of October 1615. refuse the Oath of Supremacy being then tendered to him by the Lord President by Virtue of a special Commission to that purpose and that upon his refusal the City Elected John Skiddy who Acted as Mayor till the 1st of May 1616. and then refused the same Oath being tendred to him by the Lord President whereupon the City chose Alexander Cuffe and swore him Mayor on the 27th of May who likewise on the 8th of July refused the aforesaid Oath of Supremacy before the Lords Justices whereupon he forbore to Act any farther in the Mayoralty and so it stood till the 1st of April 1617. at which time Walter Cleer was sworn Mayor and so continued Moreover the City had no Recorder since the Death of Nicholas Walsh Anno 1615 and yet in January 1616 there was a Goal Delivery held before the said John Skiddy without any Recorder and one William Person was then Condemned before him and afterwards by his Order executed for Felony And it appeared that the Statute of Elizabeth of Uniformity had not been given in Charge in their Sessions at Waterford for Two years past and all this was found by Inquisition taken the 5th day of September 1617. In the mean time there were sharp Contests between several great Families in Ireland about their Inheritance Lib. F. F. F. 199. the one was between Katherine Lady Power who was Heir General to the Deceased Lord Barry and the then Lord Barry Viscount Buttivant and that was happily Compos'd by the Kings Mediation and the Marriage of the Lord Barry with the Lady Power 's Daughter and the other was between Walter Earl of Ormond and the Lady Dingwell Heir General of Thomas Duff Earl of Ormond who died Anno 1614. Their Case is to be found the very last Case in my Lord Hobert's Reports and was refer'd to the King who Anno 1618. made his Award and divided the Estate between the contending Parties but the Earl of Ormond thought that Distribution so unequal that he refused to submit to it and therefore endured a long Imprisonment and many other Hardships from the Court but after his Death that Controversie was also happily Compos'd by the Marriage of his Grandson the young Earl of Ormond with the sole Daughter and Heir of the Lady Dingwell and that happy Couple improved that divided and shattered Estate to be the greatest and best belonging to any Subject in the Kings Dominions and are well known to the World by the Names of the first Duke and Dutchess of Ormond In the Year 1620. 1620. The famous Doctor Usher was made Bishop of Meath and not long after there arose a Dispute between the Archbishop of Armagh and the Bishop Elect of Clogher about the Exercise of Jurisdiction before Consecration but after some Expostulations the Controversie was peaceably Compos'd The Year 1621. 1621. was famous for the Congregation de Propaganda fide then Erected at Rome the influence whereof the Subjects of Great Britain and Ireland have felt to the purpose and in the same Year Thomas Viscount Thurles Father of the first Duke of Ormond was drowned It was in this Year that the King to mortifie some of the most active Members of the House of Commons that had fallen under his
Displeasure resolv'd to send them into Ireland and therefore a Commission under the Great Seal of England was directed to Sir Dudly Digs Rushworth 55. Sir Thomas Crew Sir Nathaniel Rich and Sir James Perrot and others to inquire of sundry Matters concerning his Majesties Service in Ireland as well in Point of Government Ecclesiastical and Civil as of Revenue and to inspect the State of the Kingdom and propagate Religion settle the Government and improve the Exchequer The Pretence of this Commission was the many Complaints of the Irish against the Lord Deputy not that there was any just occasion for those Accusations but that it is always their Custom to complain of any Governour That is a good Protestant and a good Englishman as this Lord Deputy was in perfection and is therefore to the last Degree hated and scandaliz'd by the Irish Papists and it is no wonder it should be so for their Interests are Diametrically opposite to that of an English Protestant and therefore it does necessarily follow that whoever Is faithful to the English will be odious to the Irish and subject to their Clamours and Contempts However the Lord Deputy was not wanting to his own Vindication and therefore wrote to the King that he met a Cloud of malicious Enemies instead of good Subjects and that even some of the Privy Council were Spies upon him and took occasions to lessen him tho' they had no other Provocation for doing so but his Examination of a certain Patent according to his Majesties special Order and his righting the Church against their Depredations And tho' the King in Answer August 1621. assur'd him That his Reputation stood without blemish and that his Majesty had sent him some Propositions which he was ordered to observe yet the Deputies Enemies not only prevail'd to have the aforesaid Commission of inspection issued but having gain'd that Point they urged that the Commission could not have any considerable Effect whilst the Lord Deputy continued in the Government and therefore procured that a Successor should be nam'd and that being also accomplish'd in the Choice of the Lord Viscount Falkland The Lords of the Council on 25th of January did advise the King by Letter to re-call the Lord Deputy immediately and to appoint Justices till the new Deputy could go over but the King from Nâ—wmarket on the 28th of January Answers That it were dishonourable to serve one in that eminent Station so unkindly without a Crime and that the new Deputy will be there before the Commissioners can be ready to enter on Business and with his own Hand adds this Postscript It was never wont to be my Fashion to disgrace any Ancient Minister of mine before he were heard To this the Lords of the Council on the Tenth of February reply That they design no Disgrace to the Lord Deputy nor do propose but what is usual and what was done on the removal of the Lord Chichester The King answer'd again That it was so done in the Case of the Lord Chichester because he had not resolv'd who should be the Successor However the Lords of the Council prevail'd and tho' the Lord Deputy did on the Ninth of February 1621. write to the Duke of Buckingham That he is content Publick Proclamation should be made That if he had done any wrong he might suffer for it so confident he was of his Innocency yet he suspected the Design of the intended Commission was to scandalize him and to that end the Commissioners were partial and therefore desires that iâ— the Bent of that Commission be against him then indifferent Men should be employ'd and if only Publick Good were design'd by it that then he might be one of the Commissioners yet he could not prevail in any of his Requests but was in May following remov'd tho' he was afterwards found not only Innocent but so deserving that he was soon after his Return created Viscount Grandison of Limbrick in Ireland Baron Trogose of Highworth in England Lord High Treasurer of Ireland and Privy-Counsellor of both Kingdoms ADAM LOFTUS Viscount ELY 1622. Lord Chancellor RICHARD WINGFIELD Viscount POWERSCOURT were sworn Lords Justices on the Fourth day of May and soon after received a Letter of the 29th of May from his Majesty ordering them to allow the new Lord Deputy Falkland his full Entertainment and all Perquisits c. from the day the Lord Grandison surrendred the Sword abating thereout for themselves at the Rate of 2000 l. per Annum for the time till he receives the Sword and that the House and Grounds of Kilmainham and the Port Corn be likewise reserved for the New Lord Deputy And it seems that these Lords Justices had seised the Lord Grandison's Papers after his removal for on the Eighteenth of June the King sent them a Letter to restore the Papers to that Lord's Servants and another Letter of the Twenty fourth of October was sent to the new Deputy to pay the Lord Grandison 230 l. for the Charges of his Voyage to England And on the 24th of July the King reciting That by a former Patent of the Second of November 1620. he had granted unto Sir William Irwing Two third parts of the forfeited Recognizances of Alehouse-keepers which his Majesty did intend to resume he therefore orders the Lords Justices to accept of Sir William's Surrender and in lieu thereof and for his Services to grant him the Fifth part of all the Profit of Ale-Licences for Twenty one Years commencing from the making of the Act of State for paying Three shillings six pence for every Licence But these Commissioners that went to Ireland were very busie in inquiring into the Misgovernment that was so loudly and bitterly complain'd of but they found by experience Rushw 17â— that too many of the Irish will complain without Cause However they publish'd new Instructions in print for the more orderly Government of the Courts of Justice and did declare That for the future the Council-Table should not administer an Oath in Matters of Interest or Title or in Complaints between Party and Party but should keep it self within its proper Bounds and afterwards November 7. 1625. a Proclamation was published to the same Effect These Commissioners did also make an Estimate of the Revenue and thought that it might be improved to 17067 l. 6 s. 8 d. more than it was in Harps i.e. Nine-pence pieces stamped with a Harp on one side which passed for a Shilling in Ireland so that Twenty shillings Irish was but Fifteen shillings Sterling but how much they were mistaken in their Computation will appear by a Table of their Estimate and an Account how the Revenue stood Anno 1632. 1622. 1632. First They supposed that the Officers of the Presidency might be paid out of the Profits of their respective Courts and so there would be saved per Annum 2657 l. 6 s. 8 d. But the Profits of those Courts do not amount to near that Sum and whatever they
be are answered to the King and included in the Green-wax Money hereafter mentioned Secondly That by reducing doubtful Rents to a Third part it would make that Third part an easie Rent to the Subject and certain to the King and so 1800 l. doubtful Rents would be per Annum 600 l. Those doubtful Rents are so manag'd that in Munster they have yielded 180 l. per Annum and in Conaugh 11 l. 17 s. 3 d. but we can make nothing of them in Ulster Thirdly That the Composition in Munster is diminish'd and so many Lands are conceal'd as would yield per Annum 229 l. 14 s. 4 d. The last Composition was setled by Indenture Anno 1604. since which many Undertakers have recovered some of the Lands liable to Composition and they pay a greater Patent-Rent and therefore the Composition abates pro tanto Fourthly That the Composition of Conaught is defective 500 l. per Annum It was always incertain because Waste-land did not pay but whilst it was inhabited It was Anno 1622. 3569 l. 13 s. 9 d. Irish but since most part of Letrim which paid 138 l. is escheated to the Crown so that the remaining Composition of that County is but 26 l. 13 s. 4 d. but the new Patent-rents are 1175 l. 18 s. 0 ½ d. and the whole Province pays 3526 l. 11 s. 8 d. Irish per Annum which is less than it was Anno 1622. Fifthly The Composition of Twomond is abated per Annum 40 l. It paid then 687 l. 2 s. 2 d. and since is increas'd 1 l. 11 s. 0 ½ d. and no more Sixthly The Undertakers of Ulster for Breach of Covenants may be raised per Annum 2000 l. They are rais'd 1212 l. 9 s. 4 d. from Easter 1630. Seventhly The Rents of New Plantations in the King's County and Queen's County not yet in Charge per Annum 500 l. They come to 603 l. 10 s. 2 d. Eighthly That an Increase of Rent may be advanc'd on new Leases and the Composition of the County of Wicklow after Sir William Harington's death will be per Annum 200 l. It is so Ninthly The Court of Wards may be improv'd per Ann. 1700 l. It yielded then 3365 l. 2 s. 2 d. and Anno 1629. it advanc'd to 7000 l. but because of the Graces granted 1628. it is diminish'd above half Tenthly That the Royal Fishings may be set for 500 l. per Annum Not yet set Eleventhly That Respite of Homage might be improv'd 50 l. per Annum It was then 92 l. 4 s. 3 d. it is now 244 l. 15 s. Twelfthly That his Majesty's part of the Customs may be advanc'd above what they yield now to 2500 l. per Annum They were then 9686 l. 0 s. â— d. and are now 11050 l. out of which there are considerable Deductions Thirteenthly That the profit of the Seals and Fines on Original writs and the Half-fees on Latitats would yield 200 l. per Annum more than they did Then they yielded 373 l. 5 s. now 482 l. 12 s. and the Latitats 74 l. Fourteenthly That Felons Goods would communibus Annis advance 50 l. Anno 1622. they amounted to 66 l. 2 s. 10 d. and this Year to 232 l. Fifteenthly That the Green-wax Money might increase 4000 l. per Annum It was then 2006 l. 11 s. 1 d. it is now 4398 l. Sixteenthly That Fines in Star-chamber might advance 1000 l. per Annum Anno 1618. they amounted to 2246 l. but now decrease because whilst the Six score thousand Pound is paying Juries are not fined for not presenting Papists Seventeenthly That First-fruits and Twentieth paâ—â—â— may raise 300 l. per Annum The Twentieth part is certain 695 l. 13 s. only some not yet rated for which Commissions are gone out and the First-fruits are casual Eighteenthly That the Rent of Carrigfergus will be per Annum 40 l. But it is not payable till the Walls are finished By this Calculation which in some things is under but in most is over the right Mark it will appear that these Commissioners tho' they were learned active and wise Men yet being Strangers to Ireland they were at a loss in managing that Kingdom as probably all Strangers will be That do not consult the Inhabitants of that Country and how the Conduct of these Commissioners in Matters of Government was relished by the Earl of Strafford may be read Rushworth 171. But it is time to leave them and attend HENRY CARY Viscount Falkland Lord Deputy who was Sworn on the 8th day of September 1622. at which time Bishop Usher preached before him on Rom. 13. He beareth not the Sword in vain and in his Sermon advised That if his Majesty were pleased to extend Clemency to Recusants that yet they might not be suffered To give the Protestants publick Affronts nor to take Possession of their Churches before their Faces the reason of his saying so was because the Fryars of Multifernam were erecting a new Abby at Molingar and because that Mr. Anker going to read Prayers in a Church of his in Westmeath found an old Priest and forty People with him in the Church who were so bold to bid Mr. Anker depart until the Priest had done his Business However the Papists took such Exceptions at this Sermon and made such a noise about it as if the Bishop had advised that the Sword which had been so long born in vain should now be exercised to their Destruction That how groundless soever this Clamour was the Bishop was fain to Preach an Explanatory Sermon to appease it This Year there happened a dreadful Fire in Corke which consumed the greatest part of that City and on the 8th of March the King sent a Letter to make Malcolm Hamilton Archbishop of Cashell and Bishop of Emely and to Grant him in Comendam the Chancellorship of Down and the Parsonage of Davenis and to give him the Profits that accrued in the Vacancy And the like Order was sent to make Archibald Hamilton Bishop of Killalla and Ardconry and on the 10th of March Sir Edward Villars was made Lord President of Munster in the room of the Deceased Earl of Thomond In the time of this Lord Deputy several Popish Magistrates that had refused the Oath of Supremacy contrary to the Stat. of 2. Eliz. c. 1. were censured in the Star-Chamber on the 22d of November 1622 1622. at which time Bishop Usher made that Excellent Speech about the Lawfulness of that Oath which is published in his Answer to the Jesuite Malone 1623. and on the 21st of January 1623 there issued a Proclamation against the Popish Clergy Secular and Regular ordering them to depart the Kingdom within Forty days after which all Persons were prohibited to converse with them And on the 21st day of March 1624. Doctor Usher was made Archbishop of Armagh And thus stood the Government of Ireland during the Reign of King James which ended by his Death at Theobalds on the 27th day
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
the Eighteenth of May there was an Order of Reference to him in the Controversie between the City of Dublin and the Merchants-Strangers from whom that City demanded Three pence per Pound Custom And on the Eighteenth of July he got an Order to the Lord Willâ—ot 〈…〉 General of the Army in Ireland to surrender that Office to him He had also the King's Letter of the Sixteenth of October to the Lords Justices That the Port-â—orn and Tithes belonging to the Chief Governor should be given to his Servants And he also obtain'd his Majesty's Commission of the Seventeenth of October to levy what Forces he should think fit or find necessary and an Order of the same Date to be paid the Charge of such Journeys and Progresses as he should think fit to make And Matters being thus fitted to his mind THOMAS Viscount WENTWORTH was on the Twenty fifth day of July sworn Lord Deputy 1633. to whom the Bishop of Kilmore and two other Bishops and the Inhabitants of the County of Cavan sent a Petition Bishop Bedel's Life containing some Complaints against the Army and some Proposals for the Regulation of it which was very ill resented at that time and interpreted to be a Mutinous and Insolent Attempt and brought the Bishop of Kilmore who was supposed the Author and Promoter of it under his Excellency's Displeasure until that Prelate afterwards explain'd himself averring That he did not intend by lessening or discountenancing the Army to expose with the Publick Peace his own Neck to the Skeins of the Romish Cut-throats But the Contribution or Tax of 20000 l. per Annum to which the Country had consented for two Years was now almost expired so that it was necessary to call a Parliament wich met the Fourteenth day of July 1634. 1634. at Dublin and granted Six entire Subsidies but not without the opposition of some Papists one of which moved That the Matter concerning the Subsidies might be put off to another time and then be again considered of This Parliament also passed an Act for the Confirmation of Patents afterwards to be past on the * Dated 29 June 1634. Commission of Defective Titles and then was Prorogued to the Fourth day of November following At the same time there was also a Convocation of the Clergy and preparatory to it the Precedency of the Archbishop of Armagh before the Archbishop of Dublin was determin'd and setled by his Majesty's definitive Sentence And this Convocation to manifest their Agreement with the Church of England did receive the Thirty Nine â—â—â—â—cles of that Church into the Confession of Faith of the Church 〈◊〉 Ireland nevertheless without aâ—rogating any of the Canons of the Convocation held Anno 1615. And a New Book of Canons for the most part agreeing with that of England was then compiled for the better Government of the Church of Ireland By vertue of these Six Subsidies which amounted to above 240000 l. and were payable Half-yearly the Lord Deputy was enabled to pay a Debt of 80000 l. due from the Crown and to support the Charge of the Kingdom without any Supply of Money from England This Lord Deputy had formerly obtain'd his Majesty's Order of the Sixteenth of January 1633. for the free transportation of so many Horses and Mares out of England as he the Lord Deputy should give Licence for by which means he changed Five hundred Foot of the Army for Six hundred Horse which were extraordinary good ones his own Stables exceeding that of any former Governors And indeed generally the whole Army was neither so well paid nor so well disciplin'd in any other time as it was in his On the Twenty fourth of September 1634. the King reciting That King James had by his Commission of the Tenth of August 1603. renewed or revived the Court of Castle-chamber as himself likewise had done by his Commission of 5 October 1625. and that now some Disputes are arisen whether that Court can sit out of Term or more than twice a Week His Majesty Orders That it it may sit when and as often as the Commissioners please and that a new Commission issue to that Purpose And about this time Emerus Mac Mahon afterwards Titular Bishop of Clogher discovered to Sir George Ratcliff a Plot for a general Insurrection in Ireland and Confess'd that himself had been imploy'd for some years in foreign Courts to solicite Aid to carry on a Rebellion which it seems they thought fit to adjourn to a more proper Season But on the 14th of November the Parliament met according to the Prorogation and sate till the 14th of December and were then Prorogu'd to the 26th of January from which time they sate till the 21st day of March and then it was again Prorogu'd to the 24th day of the same Month and sate from thence to its Dissolution which was on the 18th day of April 1635. I need not mention the Acts made in these several Sessions of Parliament because they are many and are to be found at large in the Printed Book of Statutes it is enough to say That they cull'd out all the choice Statutes that were made in England since the 20th of Henry the 8th that were proper for the Kingdom of Ireland and added to them some good new Laws that were peculiar to that Countrey The Parliament being thus ended and closed with an Act of Indemnity the Lord Deputy and Council made a Progress into Conaught to inquire into his Majesties Title to several Lands in that Province and on the 11th of July at Abby-boyle to still the Jealousies and Alarms the People were under at this great Inquisition they published an Act of Council 1635. That it was not his Majesties intention to take any thing from his People that was justly theirs and therefore that those who had effectual Letters Patents should have the full benefit of them as if they were found Verbatim in the great Office then to be taken provided the Patents or the Enrolment thereof were shewn to the Council-board before Easter Term next and by it approved to be good and effectual in Law and the like was done in other Counties of Conaught and so this great Inquisition which was one of the Spring-heads and Fountains of the succeeding Rebellion was with great Diligence and Success carried on and effected and the Kings Title was found to most part of that Province and a noble English Plantation was design'd Whereupon the Patentees and particularly the Lord Dillon of Costilo produced their Patents to the Council-board and it appearing those Patents were Granted by Virtue of a Commission 4 Jac. 1. wherein there was no direction about the Tenure it grew to be a Question whether the Patents to hold by Knights Service as of the Castle of Dublin were warranted by that Commission or valid in Law and after much debate it was solemnly adjudg'd That those Patents were void And this Case is well known to the Lawyers by the
Name of THE CASE OF TENURES and was excellently reported in Print by Baron Barry afterwards Lord Chief Justice of Ireland and Baron of Sautry This Grand Inquisition was counted so great a Master-piece of the Lord Deputies and so beneficial to the King and advantagious to the English Interest That some Persons who went to England to complain of it were there not only discountenanced but imprison'd and afterwards sent back to be dealt by as the Lord Deputy should think fit which it seems produced their Submission And not long after the Lord Deputy having first received Orders to Grant the Impropriations belonging to the King to the use of the Clergy and to Grant to Trinity Colledge near Dublin Lands equal in value to the Pension they had from the Crown of 388 l. 15 s. per Annum went to England to give his Majesty a Triumphant Account of his glorious Successes in Ireland which he performed to Admiration First to the King in a private Audience and afterwards publickly at the Council-board He there told the King and Council That he had found the Irish Exchequer of Paper but he had made it of Treasure and that he had not only improv'd the Patrimony of the Church of Ireland but had also brought it to be Conformable to that of England both in Doctrine and Government by the Acceptance of the Thirty Nine Articles there That before his going to Ireland the Lord Justices wrote That the Expence exceeded the Income 24000 l. per Annum and they had no ways to raise it but by the Levying Nine pence a Sunday on Papists for not coming to Church but that now it was far otherwise without that Persecution And he advis'd That the Army should rather be encreased than diminshed it being an excellent Minister and Assistant in Execution of the Kings Writs and the great Peace-maker between the British and the Natives and the best security of past and future Plantations That by the Statutes of Wills and Uses there will more advantage arise to the Crown of England than by the six Subsidies because thereby the insant Heirs of all great Families in the Kingdom will unavoidably come under the Guardianship of the King whereby they will be bred Protestants and of what Consequence this Superintendency is doth in part appear in the Person of the Earl of Ormond formerly the Kings Ward who if bred under the Wing of his own Parents had been of the same Affections and Religion with his other Brothers and Sisters whereas he is now a firm Protestant and like to prove a great and able Servant to the Crown and a great Assistant as well in inviting others to be of his Religion as in the Civil Government it being certain That no People are more apt to be of the Religion of their great Lords than the Irish are That by the Statute of fraudulent Conveyances the Irish are prevented in their cunning Disigns by secret and sleeping Conveyancies so that the King will have his Forfeitures and Wardships and the English be encouraged to purchase of them That before his time the Pirates infested the very Harbours and a Ship was fired by them in the Port of Dublin in sight of his Majesties Castle and the Pirates were robbing the Ship two days together without opposition the Reason was because our Sea-guard for want of Money did not come till August before which time the mischief was done but now they are well Paid and come in March and that now the Exportation is double to what is imported into the Kingdom That he discourag'd Woollen and encourag'd the Linen Manufacture and had sow'd 1000 l. worth of Holland-Flax Seed and set up six or seven Looms and doubts not Success because the Irish can under-sell France or Holland Twenty per Cent. And then he laments That the English of Ireland are treated as Aliens First In the Imposition of 4 s. per Tun on Coal Secondly In the Prohibition to transport Horses or Mares hence without excessive Custom Thirdly In the Imposition of 3 s. and 4 d. per Head for every live Beast exported thence and afterwards he procur'd a Privy Seal to supersede these pro tempore Lastly That tho' he was represented more like a Basha of Buda than the Minister of a Pious Christian King yet severity was not natural to him but assumed because it was necessary for the Restoration of a Despoyled Crown Church and People from the Claws of those that had been used to the Paths of an uncontroled Liberty and Oppression But to proceed ADAM LOFTUS Viscount ELY 1636. Sir CHRISTOPHER WANDESFORD Master of the Rolls were Sworn Lords Justices on the 3d. day of July 1636. and immediately some Fryars notwithstanding the former Proclamation had a publick Meeting and passed unpunish'd for the Lord Deputy wrote over That he held it not convenient to rub upon that Sore till they were provided for a thorough Cure These Lords Justices had Orders to call upon Corporations for a return of their pretended Priviledges to issue Money to finish the Fort of Galway to suspend the Lord Courcyes Pension to quicken the Admeasurement in Conaught and not to let any Soldiers be Transported But on the 23d of November THOMAS Viscount WENTWORTH returned Lord Deputy and then the aforesaid Case of Tenures was argued but the Judgment That the Letters Patent were void Husbands Collections 2 Part 245. did so Alarm the whole Nation that it was found necessary to delay the Execution for a time and afterwards Anno 1640. on private Conference with the Irish Committee then in England for it was not made an Article amongst the Grievances publickly complain'd of the King quitted the benefit and advantage thereof and so the vast Expence of this Grand Office and Inquisition which amounted to at least 10000 l. was in effect lost and this terrifying Bug-bear did not add one Acre to the Possessions of the Crown nor one English Plantation to the Kingdom as was at first design'd In the Year 1636 1636. John Atherton was preferred to the Bishoprick of Waterford and Lismore by a Symoniacal Contrivance as was believed says the Writer of Bishop Bedells Life pag. 144. but that is not probable because that Bishoprick was then so Poor that it was too small a Temptation to so great a Sin it is more likely that being a bustling Man of active Parts and a bold Spirit he was thought a fit Instrument of State to promote some Designs that were then on Foot and as proper for the Recovery of the ancient Possessions of his See as any Body that could be pitcht upon and accordingly we find him a fierce Adversary to the Earl of Cork and a severe Prosecutor of the Bishop of Killalla which last nevertheless lived to be his Successor And tho' Atherton did answer the Expectation of his Benefactors for a time yet his Tragical end by the hands of the Common Executioner on the 5th of December 1640. for a Crime
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
had scarce a fair Pretence for that Cavil yet to satisfie them those words were by a Second Proclamation of the 29th of October explain'd to extend to none but such as were in Rebellion Their Second Attempt was at the Session of Parliament on the Sixteenth of November where they endeavoured to Palliate the Rebellion and smooth and soften their Protestation against it and complain'd at the Shortness of the Session whereby they were hindred as they said of means to suppress the Insurrection But finding neither of these sufficient they had afterwards Recourse to other as ill grounded Complaints hereafter mentioned and in the mean time they excused themselves to the State that they were not able to raise Men according to their Commissions of Government by which Answer and some other Passages the Lord Justices perceived That even those of the Pale were Tainted with the infection and therefore they recalled the Arms they had delivered out to them and by a great deal of industry they recovered about Nine hundred of them and the rest were treacherously made use of against the State that had too credulously trusted the Roman Catholicks with them at so critical a Juncture In this extremity and want of all things especially Money Application was made to the Corporation of Dublin but that famous City the Metropolis of the Kingdom would not advance more than Fifty Pounds tho' upon so great an Emergency whereby the State was convinc'd that the Rebellion was Universal and that even those the Citizens that did not dare to appear openly in it were yet secretly Well-wishers to the Cause and in their Hearts devoted to the Persons and Designs of the Rebels And this was the more manifest because the Popish Citizens did rarely if at all administer any the least Comfort to the poor and plunder'd English insomuch that the Protestants perished in such Multitudes at Dublin that the Church-yards being full of Graves the Lords Justices were fain to provide two large Pieces of Ground for new Burying-places for them The Lords Justices by their Proclamation of the Twenty seventh of October caused Michaelmas Term to be adjourned and sent Four hundred Musquets by Sea to the Lords Viscounts of Clandeboys and Ardes and also sent Commissions to them to raise the Scots and to receive Submitting Rebels to Mercy and they also wrote to the Lords President of Munster and Connaught to be on their Defence And because of the great Concourse to Dublin and the danger that City was in upon the Complaint of the Magistrates thereof all Strangers were commanded by Proclamation to depart the City upon pain of Death but no body was punished for disobeying that Order altho' there was a second Proclamation against the Harbourers of such Strangers But how general soever this Rebellion was and how cruel soever the Authors of it were Vid. Appendix 10. altho' the very Women and Children were active in stripping and murdering the distressed English yet the Execution could not be so great nor with so little Loss to the Irish but that the English were wheedled to put a Confidence in their Irish Landlords Tenants Servants and Neighbors with whom they had lived kindly and to whom they had given no manner of Provocation and so neglecting the proper Means of defending themselves they were miserably betrayed and perfidiously destroyed by those they trusted it being esteemed a Mortal Sin amongst most of the Rebels to relieve or protect a Heretick But in some places the English to considerable Numbers were embodied together and being in a condition to make some Resistance were promised Quarter and good Articles upon Oath But as soon as they submitted they were also treacherously murdered And thus they were served at Loughell Temple 41. Armagh Belturbet Longford Tullogh New-Town Burlace 71. Sligo and many other Places At first the Rebels did pretend to spare the Scots and to make a Difference between them whom they professed a Kindness for because they were Strangers and their Religion likewise persecuted by the parliament and the English against whom they expressed a most bitter and inveterate Hatred and to disguise their Designs they did actually Forbear them for about ten days till the English were destroyed and then they fell upon the Scots also and made no farther distinction between British Protestants By the First of November the Protestants had very little left in Ulster except Londonderry Colerain and Iniskilling and half the County of Down and part of the County of Antrim which the Government was in an ill Condition to provide for or relieve and had no hopes of retrieving that part of Ulster which was lost and so deeply drench'd in innocent Blood otherwise than by Force of Arms but as to the Counties of Meath West-Meath Longford and Louth which were not yet so deeply plung'd in Robberies and Murthers the Lords Justices had hopes of their Submission and therefore did issue their Proclamation of Pardon to all that would submit within Ten days Freeholders and Murderers only excepted But whilst these things were doing viz. on the First of November the Parliament of England voted a Supply of Fifty thousand Pounds for the Relief of Ireland and that all the Papists of Quality in England be secured and that none except Merchants shall pass to Ireland without a Certificate and that a Pardon be offered to the Irish Rebels and that Owen O Conally the Discoverer of the Plot should have Five hundred Pounds in Money and Lands worth Two hundred Pounds per Annum setled upon him And this Order was 12 November printed in Dublin and dispersed all over the Kingdom but without any Effect For now the Rebels were elevated and had formed a Design against Tredagh whereof Doctor Jones afterwards Bishop of Meath gave timely notice so that it was prevented for tho' the Lord Moor had made a seasonable Entry into that Town nevertheless the Inclination of the Townsmen and of Sir John Nettervill who had a Foot Company there in the King's Pay being manifestly favourable to the Rebels the Place was not safe without a stronger Garison and therefore Sir Henry Tichbourn with a Regiment of Foot and two Troops of Horse was sent from Dublin the third day of November and came safe to Tredagh the next day On the Fourth of November Sir Phelim O Neale and Rory Macguire from their Camp at Newry published That they had a Commission from the King under the Great Seal of England for this Insurrection And one Harison having taken the Seal from an old Patent of the Lord Cawfeild's at Charlemont and fixed it to a forged Commission they sent attested Copies of it in Letters to their Confederates thereby blacking their Insurrection with the worst of Circumstances viz. by laying it to the Charge of His Majesty who upon all Occasions expressed his Detestation of it and by this means they raised more Enemies to the King and created more Jealousies in the Minds of His Protestant Subjects
Commission to the Earl of Ormond and him to Govern the County of Kilkenny of the same Tenor as Appendix 8. they thought to colour their Proceedings thereby and therefore invited him to be their General And it seems his Lordship was ready to embrace the Offer for in the latter end of January he came with Fifteen Companies to Cashell and being assisted by Purcell Titular Baron of Loghmore to whom likewise the Lords Justices had sent Arms and by the Lords of Ikerin Dunboyn Cahir and Castleconell they took Ballyowen and blockt up Gowlin and Knockordan and then marched to Kilmallock and so towards Mallow but near the Mountain above Donerayl the Lord president faced the Rebels He had with him the Lords Barymore Dungarvan and Broghill Sir Hardress Waller Sir Edward Denny Sir John Brown Major Searle and Captain Kingsmill and about Six hundred Foot and Three hundred Horse Whilst he staid there the Rebels did not dare to advance but his Presence being necessary at Cork he was after eight days stay thereabouts obliged to retire to that City whereupon the Irish advanc'd to Mallow and took the short Castle there upon Articles which they did not perform At Mallow there arose a Difference amongst the Irish about the Supreme Command of the Army The Lord Roch and others of Munster thought they ought to have a General of their own Province and to avoid Competition amongst the Lords they pitch'd upon Garret Barry and appointed the Lord Muskery and other Great Men to be the Council of War Hereupon the Lord Mountgarret return'd to Typerary where he met the News That the Men which were in Gowlin Castle had escaped into the Mountains where most of them were murdered by James Butler of Ruskagh for which Fact he was tried before Colonel Sanky Anno 1653. and afterwards hang'd and that the Women and Children left in the Castle were likewise inhumanly butcher'd by the Irish for which Barbarity Peirce Butler and his Son Thomas James Butler of Boyton-Rath and Thomas Kent were likewise tried condemned and executed Anno 1653. As for the County of Cork which by the noble Plantations made by the Earl of that Name became the best inhabited with English of any County in that Kingdom it was in a great measure preserv'd by the Generosity and Diligence of that Earl who was then newly return'd out of England he rais'd Two Troops of Horse under his Sons the Lords of Kinalmeky and Broghil and Four hundred Foot all which he maintained for some Months as his own Charge and sent a hundred of them to Asketon a hundred to Lismore and kept Two hundred with himself at Youghall Nevertheless that County was not without its share of Disturbance tho' it was the last County wherein the Rebellion broke out and they began it as elsewhere by robbing and plundring bare-fac'd and at Noon-day and in Multitudes and afterwards committed some Murders but not so many as in other Places because the English were powerful in this County and therefore the Rebels were in more fear to be called to account for their Exorbitances However at Glandore they gagg'd several English to death and in another place they ty'd an Englishman's Guts to the Post and made him dance round it till he died they broil'd a piece of a Scotch Minister's Breech and made him eat it they hang'd Robert Scot of Newcestown and his two Daughters in Muskery tho' he went voluntarily there to a Friend for Protection and in like manner John Burrows was serv'd at Ballynorohur by his Landlord Mac-ni-crimin who was tried and executed for it afterwards at Bandon They hang'd Andrew a Servant of Mr. Hazell's and which was worse than all he rest Mr. Linscomb Sovereign of Cloghnikilty having much Intimacy with the Irish staid behind his Neighbors in confidence of Protection but contrary to his Expectation and their Promises they first made him drunk till he vomited and then made him eat it up and immediately hang'd him at his own Door and having by Promises of sending her safe to Kinsale persuaded his Wife to discover 120 l. in Money she had hid at Muckrus as soon as they got it they threw her and her Sister into a deep Pit and there they left them till they were starved And altho' there were not many downright Murthers committed in this County yet by reason of the universal Robbing and Plundring and the great Want and Hardships this Insurrection exposed the miserable English to many thousands of them perished and particularly in the Town of Bandon there died above a Thousand in the first Year of this Rebellion and great Numbers likewise met with the same Fate at Cork Kinsale and Youghall To stop this Torrent the Lord President raised a Regiment of Foot and Two Troops of Horse and did what he could to prepare for his Defence And it was but needful to do so for the Rebels being extraordinary numerous thought themselves able to besiege Cork Kinsale and Bandon at the same time In order to this Mr. Long High Sheriff of the County of Cork form'd a Camp at Belgooly about Two Miles from Kinsale and to him came Mac-Finin's Brother called Captain Sugane and march'd from Kerry through Muskery and Carbery to the Camp and Dermond ni Glack of Littergorman with another Party march'd down to Kilgoban-Castle on the River of Bandon and surprized it This Camp at Belgooly continued the rest of this Winter and was supplied with Ammunition and other Necessaries even from some of the Popish Inhabitants of Kinsale but at length half the Lord Baltinglass his Company being Forty five Men arrived by Sea at Kinsale on the Fifth of April and brought with them Eight Barrels of Powder whereof Six were the next day sent to Bandon guarded by the Bandon Troop which fell into an Ambuscade but the Kinsale Troop just then parted from them return'd seasonably to their Succour and between them they kill'd Eighty of the Rebels and then each Troop return'd safe to their respective Garisons and the next day the Camp at Belgooly was dissolv'd and most of the Soldiers went to reinforce the Blockade at Cork And about the same time viz. in February Mac Carthy Riagh who had dissembled the Matter and pretended Loyalty and that he would side with the English until he got some Arms from the Lord Viscount Kinalmeky and then declared the very next day with about Three thousand raw Men and ill armed came to besiege the Town of Bandon But the valiant Bandonians scorned to be pent up by such a pitiful Rabble and therefore having form'd themselves into Four Companies under the Captains Watkins Woodhouse Jefford and Hooper and One Troop Battel of Knockagarane under their Governor the Lord Kinalmeky they sallied out and whilst the Foot marched up the direct Road to Cloghnakilty the Horse went round by Castlemahon so to fall on the Rear but the Foot came up first and one Company led by Captain Watkins within-side the Ditch
posted near Capoquin with a small Wood at their Backs and tho' he had but Sixty Horse and One hundred and forty Foot yet he boldly Charged them and killed two of their best Captains and Two hundred of their Soldiers with the loss of onely one English Man On the Ninth of August the Castle of Glin was taken by the Lord Forbes who came with his Fleet from before Gallway and Sailed up the River of Shanon and on the Twenty first the Lords Dungarvan and Broghill took the Castle of Ardmore with the Saughter of One hundred and forty of the Rebels But Provisions beginning to grow scant the Lord Insiquin drew out One thousand eight hundred Foot and Three hundred and sixty Horse and near Liscaroll met with the Irish Army under the Lord Mountgarret who was accompanied by the Lords Muskery Roch Ikerin Dunboin Castleconnel and Brittas and it came 〈◊〉 a smart Battel on the Third of September wherein the English were Victorious and killed Seven hundred of the Rebels and took Fifty â—sisoners and one piece of Cannon and two Field Pieces without any loss on the English side except that of the valiant Lord Viscount Kinalmeaky who was slain in the beginning of the Fight by a shot in his Neck and Sixteen private Soldiers In this Battel the noble Earl of Cork who never begrudged what he ventured for the Service of his King and Country had no less than four Sons viz. the Lords of Dungarvan Kinalmeky and Broghill and Mr. Francis Boyle since Viscount Shanon About the same time the Lord Forbes with his Regiment Landed at Kinsale and marched to Bandon and being joyned with Three Bandon Companies of Foot and some Horse they went to Rathbarry to relieve Captain Freak who had been besieged there since the Fourteenth of February but when they came to Cloghnikilty on the Eighteenth of October they thought fit to leave Two Scotch Companies and one Bandon Company there to secure that Town till their Return but it was not long after their Departure before a numerous Rabble of the Irish rushed upon them from all sides whereupon Groves who Commanded the Bandon Company advised to retreat towards their main Body which was not above four Miles from them but the Scots thought that dishonourable and refused and the Consequence was That the two Companies of Scots were cut in pieces but Groves valiantly made good his retreat a full Mile to an Old Danes Fort in the way to Ross which he justified manfully till the rest of the Forces came up to him and then they fell upon the Irish and forced them into the Island of 〈◊〉 and the Tide being in above Six hundred of them were killed and drowned whereupon the English marched to Cloghnikilty and relieved a great number of Men Women and Children which were imprison'd in the Market-house purposely to be burnt together â—ith the House to make a Bonâ—iâ—e for joy of the easie Victory they promised themselves over the rest of the Lord Forbes his Party After the Death of the Lord of Kinalmeaky Colonel Râ—â—land Saintleger was made Governour of Bandon in whose time it happened that the Troops of Bandon and Kingsale had appointed to meet at a day prefixed and to take a Prey but the Rebels who were at Kilcrea had notice of it and believing that the Troop had marched abroad according to the Appointment they boldly came to Bandon and took away the Cattel belonging to the Town but the Troop being by some Accident delayed in Town longer than they designed were just ready mounted when this Adventure happened so that they immediately issued out and recovered the Prey at Brinny Bridge and slew Fifty of the Tories in Killmore Bog without the loss of one Man But these small Victories were balanced by some considerable Successes of the Irish for the strong Castle of Limerick which had been besieged since the Fifteenth of January was surrendred to them on the Twenty third of June and the Castle of Askeaton submitted to the same Fate on the Fourteenth of August after nine Months Siege as Castlematrix likewise did not long after Neither was it a small Misfortune to the English that about this time both Dean Gray and Archdeacon Byss who were Commissioners to enquire into the English Losses in Munster met with their Destiny the former dying at Bandon and Byss the Survivor who had all the Papers and Examinations was murdered by the Rebels on the Way to Youghall ☜ and this is the true Reason why there is no particular full Account extant of the Murders and Losses in Munster And it is very observable that the Rebels took very few places by force but either want of Necessaries or Promise of good Conditions prevail'd with the English to surrender and it is no less wonder that the English would trust to any Articles from a perfidious People that had so often violated their Faith Nevertheless every day afforded Instances of their sâ—â—essful Treachery and besides what is already mentioned Gloghleigâ— and Cool are additional Examples in the former was a considerable Garison to whom Richard Condon promised Quarter and Convoy to Castlelyons whereupon they surrendred and for their Folly were every one murdered wounded or kept Prisoners And in Cool were 36 Troopers of the Earl of Barrimores to whom the same Condon promised the like Quarter Upon the Faith of a Soldier and a Christian but nevertheless murdered them all except one who had 36 Wounds and was left for dead And in Connaught the Town of Gallway did in the later end of April submit unto the Earl of Clanrickard who was Governor of that County and was by him taken into Protection until the Pleasure of his Majesty then expected over should be known but the Lords Justices did not approve of that Protection unless the Town would admit of an English Garison However Clanrickard made use of that Opportunity to relieve the Fort of Galway wherein the Archbishop of Tuam and 36 Ministers and many more English were in very great distress And about the middle of July the Lord President drew out his small Forces into the County of Mâ—yo Battle of Ballintobber where not far from Ballintobber they met with the Irish Army which was more than double their Number Nevertheless the English obtained an easie Victory over them and killed near 2000 of the Enemy and on the First day of the same Month Sir Frederick Hamilton took the Town of Sligo and slew 300 of the Rebels and afterwards routed Owen O Rourk who in his Absence had with 1000 Men besieged his Castle of Mannor Hamilton And about August the Lord Forbes came into the Bay of Gaâ—â—ay and landed some Guns and seized on the Abby and being joyn'd by the Lord President and the Earl of Clanrickard they pretended to besiege the Town but they wanted Necessaries and therefore the Lord Forbes compounded with the Town for a Sum of Money which was never paid and drew off from
suffer the Right of the Crown to be destroyed by any way but shall Lett it to your power and if you cannot Lett the same you shall certifie His Majesty clearly and expresly thereof you shall give your true and faithful Council for the King's Majesty's Profit and his Highness's Council you shall conceal and keep All other things for the Preservation of His Majesty's Realm of Ireland the Peace amongst His People and Execution of His Justice according to His Majesty's Laws Usages and Customs of His Highness's Realm you shall perform and do to your power So God you help and by the Contents of this Book The Lord Lieutenant did immediately set himself to reform the Army and reduced his own Troop to 40 and Lucas and Armstrong's Troops to 30 each and the other two Troops to 25 each so that he had in all but 150 Horse and 2000 Foot and to maintain these he was forced to revive the Excise and to lay a Tax of 3d. per Acre throughout that part of the Pale under his power and to seize on some Debts and Tobacco belonging to the Londoners and on the 16th of March he issued a Proclamation to prohibit Outrages and Robberies on pain of Death And thus Matters stood in Ireland at the end of the Year 1643. Nor can we open the following Year with a better Scene than a Session of Parliament 1644. which was held at Dublin on the 17th of April and the very next day the Speakers of both Houses issued Letters to the Officers of the Army strictly prohibiting them from taking the Solemn League and Covenant and in those Letters they took notice of the Lords Justices and Councils Proclamations of the 18th of December 1643 to the same effect And on the 20th of May the Government issued a Proclamation to free from Customs and Impositions for 6 Months all Goods and Commodities that shall be imported for the Relief of the Army into Dublin Drogheda Carlingford Dundalk Cork Youghall or Kinsale But we must leave Ireland for a while and adjourn to Oxford which was the Theater on which the Affairs of that Kingdom were for the present transacted and therefore the Negotiations there shall be handled together and they happened in this manner The Cessation being made as hath been already related the Confederates chose the Lord Viscount Muskery Sir Robert Talbot Dermond mac Teig O Brian c. As their Agents to sollicite the King in England about the Terms of a Peace and the Lords Justices did likewise as from the Council-Board send Sir William Stuart Sir Gerard Lowther Sir Philip Percival 1643. and Justice Donelan to whom Sir George Ratcliff and Sir William Sambach being then at London were added But the Protestants not knowing of this last or not thinking that these Agents would effectually insist upon Their Sense of Affairs or were prepared to prove their Grievances Did on the Sixth of October meet at the Earl of Kildare's House and agreed upon a Petition which they preferred to the Lords Justices and Coâ—ncil desiring leave for their Agents to repair to the King and that the Irish Agents might not be heard till they should arrive and that Care might be taken to continue the present Parliament which by Change of one of the Lord Justices was in Danger of being dissolved To which on the Twelfth of October they received a favourable Answer That they the Lords Justices had taken care to send Protestant Agents to the King to assist in the Treaty and that nevertheless they would transmit a Copy of the Petitioners request to His Majesty and if His Majesty would License their Departure they would not hinder it But the Protestants knowing that even of late time Agents had gone to the King without such special License from His Majesty they did on the Fourthteenth of October proceed to the Choice of Four Persons fit to be employed and prepared a Petition to the King and then Petitioned the Lords Justices and Council To transmit that Address to His Majesty and to License their Agents to repair unto him to England and on the 19th the Lords Justices answered That they had signified their former Petition to his Majesty and had importuned Secretary Nicholas for a speedy Answer which the Petitioners ought to expect and that in the mean time they would not hinder the Agents from going when they pleased but could not recommend them to the King until His Majesties Pleasure were known The Lord Chancellor Bolton took an Exception to the Copy of the Petition that it was not signed as the Original was which Nicety was soon answered by transcribing the Names of the Subscribers but the Earl of Roscomon Sir James Ware and one other who had signed the first Petition went farther and entered the following Protestation concerning it The Sense of divers of his Majesties Protestants Subjects who have Signed to the late Petition directed to His Majesty SUffering under the Mis-construction of Our Petition We hold it fit to declare that We exhibited not the same through want of Assurance of His Majesties Care of the Protestant Religion and of his Subjects nor yet to divert any Supplies that may be drawn from hence against such as in his Kingdom of England have taken up Arms against him but meerly in Right to Gods Cause and in Our Right humbly to inform His Majesty when the Irish Agents repair unto him if the said Agents shall endeavour to surprise or prejudice Us in either this is the Commission We give and if any Person or Persons imployed by Us shall go further or otherwise busie themselves to the disturbance of His Majesties Service against such We do and shall protest as being in Our Intentions no Parties thereunto which as it may serve to vindicate our Faith to His most sacred Majesty so it may shew how Causeless the Jealousies are of this Address to him And thus it stood till January when His Majesties Letter of the Sixth of November arrived and thereby License was granted to the Petitioners to send their Four Agents whereupon the Petitioners chose Sir Charles Coot and Captain William Parsons to be added to the Four they had pitched upon before and presented their Names to the Lord Lieutenant and on the Seventeenth day of February following the Commons of the Irish Parliament approved of what the Petitioners had done and declared their Concurrence therewith whereupon the Petitioners moved the Lord Lieutenant and Council for a recommendation to His Majesty both of their Cause and Agents and being demanded they produced their Instructions which were rectified as is mentioned Appendix 22. and then they were informed that it would gain them favour with the King if they carried over their Companies with them except Sir Charles Coot's which was in Conaught but Captain Parsons his Troop chose rather to be disbanded then to go over to Fight against their Countrey-men but Captain Ridgway's and Sir Francis Hamiltons Companies were Transported under their
came thither and watched three days yet none of the Irish Commissioners appeared except only Hugh O Conner who had no Power to Act singly and tho' the Lord Lieutenant had ordered the Irish to send some Beeves to the Garisons of Conaught towards their Subsistence yet did they likewise make such unreasonable Delays in delivering those Beeves being but 200 in all that many of the Soldiers were Starved to Death for want of them and when mere necessity occasioned by the Delay aâ—d Non-performance on the Irish side compelled any of the English to take a Sheep or a Cow presently Complaints were made to the Lord Lieutenant as if the Cessation were broken or as if the whole Country were up in Arms whereupon Orders were issued bearing date the Eighteenth of March and Twenty ninth of March to examine the Irish Complaints against the Garisons of Conaught and particularly against that of Castlecoot and more especially about their Combination with Captain Cambell an Irish Scot and their casting of Ordnance which the Confederates objected against them and accordingly the English Commissioners repaired to the place appointed but the Irish came not the First day and the Second day when they did come they pretended they were not prepared not had a sufficient Commission to proceed then but desired to adjourn to Thursday in Easter week at Roscomon which was agreed to but when that day came the Irish Commissioners did not appear but sent a Letter That Roscomon was not a fit Place and desired to meet at Balmtober near which place their Army lay but the English Commissioners resenting this Third disappointment scorned to make any more Assignations with them well knowing that there was no ground for their Complaint but that it was all Contrivance and Clamour But on the Twenty seventh of April 1641. a Warrant issued to make Henry Viscount Willmot and Thomas Viscount Dillon and the Survivor of them Lords President of the Province of Conaught except the County and Town of Gâ—â—way the Government whereof with Ten Shillings per diem was Granted to the Lord of Clanrickard But it happened not long after 1644. that Major Ormsby being Garisoned in Tulsk which place belonged to Mr. Lane afterwards Lord Lanesburough the Proprietor demanded the House which could not be justly refused him tho' his Right was unseasonable insisted upon at that time because Ormsby had done good Service and was very troublesome to the Irish But the Major perceiving that he must turn out and having no other Convenient place to carry his Soldiers unto he cunningly declared against the Cessation and kept Correspondence with those of that Faction in Ulster and hereupon he preyed upon the Irish to that Degree that his Garison lived whilst most of the rest of the English were Starving insomuch that as many as could did flock to him whereby the other Garisons were left almost empty and so he continued until the Earl of Castlehaven forced him to submit to the Cessation as that Lord wries in his Memoirs but I believe he continued so until his Castle was taken by the Lord Taaf Anno 1645. And as to Ulster 1643. the Scots and all those that had taken the Covenant or were inclined to take it were very much dissatisfied with the Cessation Monroe complained to the Lords Justices That the Scots who were by the Agreement to be paid every Three Months were now Eighteen Months in Arrear and therefore it was hard to put them off with a Cessation however he Promises to avoid Hostility until the Earl of Leven his General be consulted but the Supream Council were so netled at Monroes aversion to the Cessation That they on the Fifteenth of October wrote to the Lords Justices That seeing the Scots continued their Outrages and would admit of the Cessation no farther than stood with their own advantage whereby the Confederates were diverted from assisting the King they who could not accuse themselves of any one hollow thought and detested all subtil Practices and cannot think of serving two Masters or of standing Neuter where their King is Party do desire that none may reside in the Kingdom but good Subjects and that by the joynt Power of such the Opposers or Breakers of the Cessation may be chastised and that till that can be done their Proceedings in Prosecution of them may not be interpreted a Violation of the Truce But in the beginning of the Year 1644. 1644. Monroe published that he had a Commission from the Parliament of England and the Council of Scotland to govern the Province of Ulster whereupon the Lords Mongomery and Blany Sir James Mongomery Sir Robert Stewart Colonel Hill and the Majors Rawden Jones and Gore came to Colonel Chichester at Belfast to consult what was fit to be done but the next Morning being the Fourteenth of May Monroe surprized the Town because Colonel Chichester had made Proclamation against the Covenant which was a little before this time imposed by Order of Parlament and had refused to admit any Scots into the Garison and had sent a Convoy with Colonel Steward and Colonel Seaton Agents to the King and had discountenanced all that were affected to the Covenant or to Monroes Party However Monroe distributed Victuals out of the Magazine to Colonel Chichesters Regiment and quartered them in the adjacent Villages until a little after they went to Dublin and he also wrote very civilly to the Lord Lieutenant but would not restore Belfast according to his Order In the mean time Owen Roe being weakned by the defeat already mentioned and the opposition he still met with from the British in the beginning of Winter left his Troops and Creaghts to shift themselves and came to the General Assembly at Waterford to desire assistance affirming that otherwise he must be forced to retire into the other Provinces Hereupon the Assembly appointed Six thousand Foot and One thousand Horse and Dragoons under the Command of the Earl of Castlehaven to joyn with Four thousand Foot and Four hundred Horse which Owen Roe had promised from Ulster And that nimble General having some time to spare did by the Commands of the Supream Council march part of his Forces to Conaught Memoirs 45. and compelled Burk of Castle Carrow and the Lord Mayo at Castlebar to submit to the Cessation and having done the like to the Ormsbey's in the County of Roscomon he went to his Rendezvouz at Granard about Midsummer 1644. Owen Roe being at the same time near Portlester but hearing that the Enemy approached he was glad to retreat towards Portlester and having left 600 Foot and One hundred Horse to Guard the Bridge of Feynagh over the Jany which had a Castle on his side he thought himself pretty secure but the Scots marched on and the ignorant or as this Earl of Castlehaven styles him the unfortunate Colonel whose business it was to Guard the Pass sends out his Horse to Skirmish having learned from his General That
their Parties had commonly the Better tho' their Armies had commonly the worse in all Encounters Review 84. but there is no General rule without Exception so this Party of Horse was lost and the Foot thereupon quitted the Castle and Bridge and ran to find out their General who was securely posted amongst the Rivers and Bogs in Westmeath where the Scots faced and braved him but for want of Provisions could not stay long enough to do any great Prejudice nevertheless they hanged Nugent of Carlestown and burnt his House Upon the retreat of the Scots Castlehaven says that he followed them to Dromore and tells some fine Stories to his own Credit but the issue is that with much ado he got home again Owen Roe having failed of his promised Assistance In the mean time In July the Marquess of Antrim â—ound means to send Two thousand five hundred Irish to Scotland to joyn with Montross that so by giving the Scots Employment in their own Country he might divert them from sending Recruits into Ireland And it is to be noted that the Confederates did both send and receive Ambassadors to and from foreign Princes viz. They sent to France at several times Mr. Rochfort â—ather Mathew Hartegan Colonel Fitz Williams and Mr. Geofry Baron and received from France Mr La. Monarie Mr. Du Moulin and Mr. Talloon they sent to Spain Father James Talbot and had from thence Mr. Fuysot the Count of Beerhaven i.e. O Sullevan Beer and Don Diego de la Torres they sent to the Pope Mr. Richard Beling and afterwadrs the Bishop of Fernes and Mr. Nicholas Plunket and the Pope sent them first Peter Franciscus Scarampo and afterwards his Nuncio the Bishop of Firmo And therefore it is fit I give the Reader some Account of their Negotiation which I shall as I have information and opportunity and for the present shall feast him with some Extracts out of Father Hartegan's intercepted Letters who in November 1644. wrote to the Supream Council to the Effect following viz. That my Lord Abbot Mountague said to him in his Ear that he should write to your Lordships not to trust most of the English even the very Catholicks who have more National then Religious Thoughts That the Queen talking of Ormond said it was hard to Trust Believe or Rely upon any Irish-man that is a Protestant for every such Irish-man that goes to Church does it against his Conscience and knows he betrayes God That Clanrickard had something of Essex his Brother-in-Law otherwise he should be for the Catholicks which are known to be faithful to the King whereof no Man doubts now That he should know all little Passages Resolutions and Things that pass daily in Dublin Ulster and Cork and you should write the words uttered by Ormond Clanrickard and Insiquin even when they are at Table and in Conversation That you shall have Succours to prevent your inglorious falling to Peace and Rome and France will dispute who shall contribute most to you so that you may see Father Wadding and I do not sleep in your Affairs That Clanrickard Robs more from the Catholick Party than the Villanous Scots That the King is easie and not to be trusted That the Confederates are backward in declining the Old English That if they had Gallantry they might expect a Temporal Crown in reward That Castlehaven is more Nationally then Religiously inclined That Ormond is a Viper and an Idolater of Majesty That the Queen will be cast upon the Irish and therefore advises them to Play the cunning Workmen to take measure of her But we need say no more of this Embassador than what the Queen observes of him in her Letter to the Lord Digby Husbands 2 part 833. viz. That many things he hath written are Lies In England the Lord Macguire and Macmahon were brought to their Trial and found Guilty Condemn'd and Executed at Tyburn but because Macguire was a Peer of Ireland it was made a Question Whether he could be Tried in England for Treason committed in Ireland since thereby he lost the Benefit of his Peerage And tho' it seems to me that the Point had been formerly determin'd in the Case of the Lord Leonard Grey who was Viscount Grany yet it held a long Debate and there being many Curiosities in that Trial I design to add it by way of Appendix unless this Book grow too Voluminous for such an Addition And in January began the Treaty of Uxbridge where the King's Power to make the Cessation was denied both because of His Delegating the Management of the War to the Parliament and because of the Interest of the Adventurers To which it was answered That the King by authorizing the Parliament did not exclude Himself There were also reciprocal Accusations and Recriminations from each Party to the other which are too tedious to be here recited and therefore I refer the Reader for them to Dugdale's View of the late Troubles where he may find them at large Nor is it to be omitted that even whilst this Treaty was in agitation and in order to it the Treaty with the Irish was in effect superseded a certain Irish Lord was no less unseasonably than importunately pressing His Majesty to be made a Privy-Counsellor and to have a Custodium granted him of Sir Robert King's Estate tho' either of these being granted and divulg'd would have dash'd in pieces all Hopes of Reconciliation between the King and Parliament So little did they consider the King's Interest when it stood in competition with their own And when I have added That the Confederates did publish a Declaration of the Terms upon which Protestants might live within their Quarters which is to be found Appendix 11. and that the Citizens of Dublin being numbred on the Eighth of August were found to be 2565 Men and 2986 Women Protestants and 1202 Men and 1406 Women Papists I have inserted all that I think material for the Year 1644. The Year 1645. could not begin better than in reviving the Treaty of Peace which was then reassumed if the Confederates had proceeded candidly and sincerely therein but they perceiving that Ormond would never be prevailed upon to grant them the Terms they desir'd did keep this Treaty on foot to cover their other Designs and in the mean time by their Agent Colonel Fitz-Williams they propos'd to the Queen That if Her Majesty would prevail with the King to condescend to the Just Demands of the Irish at least in private that then they would assist His Majesty with Ten thousand Men. Whereupon the Queen either through Her Indulgence to Popery or to purchase so considerable Aids for the King did promise Her utmost Endeavors to effect their Desires and accordingly She sent Sir Kenelme Digby to Rome where he made the Articles recited at large Appendix 26. which nevertheless had no effect because the * * Vindiciae eversae 48. King could not by any means be brought to confirm them And She
they explain this not to Import any thing inconsistent with the Peace nor to breed an Interruption or Impediment of it but to farther its Performance And tho' this Declaration notwithstanding any Explanation they could make of it was diametrically opposite to the Nature and Design of a Peace because this would reduce them to the Obedience and Condition of Subjects and that would still keep them up in the Condition of a Separate State yet there was a deeper Intrigue in this Matter viz. That if they would not part with their Association it necessarily followed that they could not part with their Army which was the Ligament and Support of it And therefore notwithstanding Glamorgan's Concessions yet that Earl must have Patience and wait for the expected Succors until the King should publickly ratifie what his Lordship had privately done and they did not doubt but the same Necessities continuing or rather encreasing would compel His Majesty to comply with their Expectations And in order to bring about their Designs they continued the Treaty with Ormond until the 21th of November and to cloak their Intrigues the whole Assembly on the Ninth of September did Vote That they would send Ten thousand Men to aid the King and would refer to His Majesty's Pleasure such things about Religion as Ormond either had not Power or not Inclination to grant But on the Fifteenth of November following they did in effect invalidate that Vote by alledging That they never undertook the Transportation of the Ten thousand Men to help the King but intended only their Assistance therein Nevertheless I must not conceal that the Anti-Nunciotists do aver That they design'd sincerely to send Succours to the King and to conclude a Peace with the Marquis of Ormond on the Terms afterwards agreed on and to refer the Secret Articles about Religion to His Majesty's Pleasure wherein they doubted not of as much Condescension as His Majesty could safely give because it had been so promis'd to them by the Earl of Glamorgan But the Nuncio arriving in Ireland in the nick of this Business quite altered their Measures and confounded their Affairs And whether it be so or not is scarce worth our Inquiry since we are sure of these few Truths That the Confederates sent no Succors at all to the King nor made the Peace till it was too late and did most perfidiously break it almost as soon as it was made But we must make room for a very extraordinary Man John Baptista Rinuccini Archbishop and Prince of Firmo the Pope's Nuncio who arrived in the River of Kilmair on the 22th day of October He sent before and brought with him 2000 Swords 500 Petronels 20000 Pound of Powder and Five or Six small Trunks of Spanish Gold and had in his Train 22 Italians besides several Clergy-men His Frigat which carried but 21 Guns was closely pursued by Captain Plunket in a Parliament Ship and had certainly been taken or sunk if the Cook-room of the English Ship had not accidentally taken Fire Never were People more troubled at a Disappointment than were the Seamen at this and yet scarce any Disappointment was ever more lucky For this Nuncio afterwards renew'd the fatal Distinction between Old Irish and Old English and split the Irish into * * Clerum ac populum primum diviserit mox inter se comiserit ac siâ— utriusque ruinae viam patefecerit Beling in Preface Factions which very much contributed as well to their Infamy as their Ruin He was receiv'd at Killkenny by the Supreme Council with extraordinary Joy and Respect and in a solemn manner was conducted to the Castle and in the great Hall he made an Oration in Latin to the Lord Viscount Mountgarret President of the Council Sancte jurat nâ—hil se contra 〈◊〉 regis commoda moliturum Beling 15. and amongst other things he did religiously swear to attempt nothing prejudicial to the King Nevertheless he was so little mindful of that Oath and had so small regard to the Peace and true Interest even of the Papists of Ireland that tho' he knew that the King in hopes of Succors from that Kingdom did so earnestly desire a Peace that the Fanaticks revil'd him with being an Humble Suitor to the Rebels for good Terms yet he made advantage of the King's Necessities and refus'd any Agreement that should not restore the Ecclesiastical Revenues and the Splendor of Popery and accordingly he positively wrote to his intimate Friend the Bishop of Killalla That if the Supreme Council should agree with Ormond he would take all the Bishops with him and leave the Kingdom But the Reader must take notice that all this while Ormond and the English were totally ignorant of the secret Negotiations of the Earl of Glamorgan until after the Defeat at Sligo which hapned on the 17th of October at which time the Titular Archbishop of Tuam was slain and in his Trunks was sound amongst other Papers a Copy of the Articles made with the Earl of Glamorgan which discovered such an Ocean of Contrivance and Intrigue as amazed the whole Protestant Party The Articles of this Peace and the Commission it was sounded upon and the Oath taken subsequent to it are all mentioned Appendix 27. which were so destructive to the Protestant Religion that Ormond and the Cavaliers could not believe that the King ever intended them in which Opinion they were confirm'd by the Asseverations of the Lord Digby That the Earl of Glamorgan had no such Commission or if he had it was surreptitiously obtain'd But however that were it was necessary to vindicate His Majesty's Reputation in an Affair so disobliging and scandalous and therefore the Lord Digby did on the 26th of December Impeach that Earl of Suspicion of Treason at the Council-board whereupon he was committed to Pâ—ison and a * * Earl of Roscomâ—n Lord Lambart Sir Jam. Ware Committee was appointed to take his Examination and an Account of this whole Proceeding was on the Fifth of January sent to the King whose excellent Answer thereunto is here recited verbaâ—im Appendix 28. But the Earl of Glamorgan upon his Examination confessed That he made those Concessions but that it was done under mutual Oaths of Secresie and That he conceived he had Warrant for what he did and That he did it with design to serve His Majesty and not to hurt the Protestant Religion Circumstances considered and That he conceives those Articles are not Obligatory to His Majesty and That he did not engage His Majesty's Faith or Honor further than by shewing his Authority and leaving it with them And then he gave the Committee Counterparts of all the Writings between him and the Irish And tho' the King was exceeding angry at the first News of this Affair as what he foresaw would be made use of by the Parliament to justifie all the Aspersions they had laid upon him in point of Popery yet when he had calmly considered that the Earl's
and happy Peace that was designed them But though in deference to the Nuncio the business was delayed a day or two and debated again yet every body perceiving that a Peace made at Rome could be of little use to them in Ireland since it would infallibly disoblige all the Protestants with whom they were to unite it was after many Expostulations at length resolved by the Assembly to conclude the Peace and it being likewise resolved rather to trust Ecclesiastical Matters Beling 25. to the secret Concessions they expected from the King than to mention them at all in the Articles with the Limitations agreed on Consentientibus etiam Catholicis qui omnes peâ—e aderant regni â—raelatis Ib. 26. lest the positive Stipulation might exclude farther hopes the Vote for the Peace passed unanimously even amongst the Prelates themselves Hereupon the Nuncio finding it in vain to oppose the Peace directly he endeavoured by â—â—veral artifices and indirect means to elude it and first he put in * * They are at large Beâ— 27. Propositions in writing containing Reasons why they should defer the publishing or ratification of the Peace though in effect they amounted to no more than he had formerly offered viz. That a more advantageous Agreement was making for them at Rome and therefore they ought to delay the Publication of this Peace in expectation of that And although every body perceived the vanity and fallacy of these Propositions Pontificis etiam umbrae â—atenus cultores Beling 31. yet the Irish have so great a Veneration even for the Shadow of the Pope that they could not deny Respect to his Nuncio especially when his Request was only for a little time and so upon this impertinent motion the Peace was delayed till the 28th day of March and in the mean time Chester was taken from the King for want of the Succors promised from Ireland But whilst these things were doing the King on December 2. wrote to the Marquis of Ormond to stop the Peace with the Irish because he was in hopes of an Accommodation with the Parliament but that Expectation failing he did on the 19th of January send new Orders to the Lord Lieutenant to proceed in the Treaty but adds That he would rather have a Cessation than a Peace unless he can be sure that 10000 Irish should be sent to his Assistance in England to which Ormond answers That he deals with such People that he can be sure of nothing from them but believes that they are able to send 6000 Men and that it is their interest to do it and that he will not make Peace with them but upon that Condition But on the 8th of February the Earl of Glamorgan wrote to the Lord Lieutenant That it is impossible to make the Irish Nation do any notable Service for the King against the hair and contrary to the Nuncio ' s Satisfaction Nevertheless that Earl was busie in hastening the Irish Forces designed for the Relief of Chester and in order to it he hired Ships and was frequently at Waterford where we leave him and that Affair until we come to treat of the year 1646. In Munster we left the Lord of Insiquin in daily expectation of Supplies from England which came so slowly that he was not able to draw out more than 1000 Horse and 1500 Foot into the Field however he ventured with the Foot to besiege Ballymartyr and to put Imokilly and Barrymore under Contribution whilst the Lord of Broghill with the Horse posted near Castle-Lions and covered his Camp from the Enemy which under the Command of the Earl of Castlehaven was then entered into the County of Cork to the number of 5000 Foot and 1000 Horse and upwards Castlehaven had rendevouzed near Clonmell and on the 5th of April marched to Cappoquin which he took as also Drumanna and Knockmone and it is observable that Sir Richard Osborne who owned this last Castle and was in it when it was taken had all along obeyed the Cesstâ—on and did not joyn with Insiquin nevertheless Castlehaven denyed him the benefit of the Cessation but took his Castle by force and therefore the Lord Lieutenant did by his Letters of the 25th of April write to the Lord Muskry and the rest of the Supreme Council for its Restitution But to proceed This General of the Confederate Army having received a Repulse at Lismore marched to Mitchelstown which he burnt and then it was that Lieut. Gen. Purcell with the Irish Horse advanced beyond Formoy towards Castle-Lions and it happened luckily that the Lord Broghill who went the night before to suppress a Mutiny at Yoghall returned that morning before the Fight It will be easily believed That he was amazed to find the Lieutenant Colonels Ridgway and Banister whom he knew to be sober men so drunk that they were not able to give a pertinent Answer to any Question he asked them nevertheless it so happened to them by the Knavery of an Irish Sutler who purposely brought to the Camp a Cask of Drink made of Rilea which has that intoxicating Quality However the Lord Broghill as his fashion was encouraged his Men and assured them That by the help of God he would beat the Enemy and bid them not to be discouraged at the Flight of any of their Fellows because what would happen of that kind would be done by his order upon Design and accordingly he did command Major Peisley to keep the Road and after his Squadron of 80 Horse had fired their Carbines to fly and rally again in the Rear of him and so he drew up a quarter of a mile farther from the Enemy and according to his expectation the Irish came boldly up to Peisly and upon his flight they pursued with great violence and disorder and 800 Foot followed them to the expected Execution Battel of Castle-Lions May 10. 1645. This was some advantage to the English who were drawn up in Battalia nevertheless the Irish with the help of their Foot maintained the Fight with great bravery so that one Troop of the English Horse ran away to Ballymaâ—tir with the news of the supposed Defeat but those that stayed behind bestirred themselves so effectually that they gained a noble Victory and if they had had 1000 Foot they might have destroyed Castlehaven's Army and would have attempted it as it was but for a stout Sergeant and 40 Musquetiers who kept in a Wood through which they were to pass and shot so often that the Lord Broghill suspected the whole Irish Army was posted there The consequence of this Victory was the taking of Ballymartir and Rostilion and then this small Army returned to Cork and because Rostilion was not tenable Colonel Henry O Bryan the Lord Inâ—iquin's Brother and Colonel Courtny were sent to demolish it but the Earl of Castlehaven having taken Mallow Doneraile Liscarroll and Milltown marched to Rostilion and took it and in it the aforesaid two Colonels whom he made
not obtain license for their Transportation from the Parment tho it seemed to be their Interest to get so easily rid of so many Enemies But it is time to attend the new Governors and see how they handle the Irish and manage their Affairs One of the first things they did was to reduce the eleven old broken Regiments to seven under the Earl of Kildare the Lord Moor and the Colonels Titchburn Borlace Willoughby Bayly and Flower and then they made Colonel Michael Jones Governor of Dublin and Commander in chief of the Province of Leinster and on the 20th of June they did by their Proclamation strictly prohibit the Exactions and Free Quarter of the Army whereupon the Soldiers grew so mutinous that Mr. Annesley and Sir Robert King were obliged to quit the Kingdom for a time for fear of Violence and by another Proclamation of the same date they prohibited the use of the Common Prayer which occasioned an excellent Petition or Declarat on from the Episcopal Clergy to be found at large Burlace Appendix 94. And it is fit we should also enquire how the valiant Confederates who did insult so sawcily on the Necessities of an Imprisoned King did behave themselves against the more powerful Parliament and indeed they began pretty well at first though they paid dear for it afterwards for General Jones having marched some Men out of Dublin was met by General Preston within 12 miles of the City and beaten back again whereupon Preston whose Army was 10000 strong possessed himself of most of the Out-Garisons even to within 8 miles of Dublin and then went to besiege Trim wherein lay a Regiment of Foot and some Horse under Colonel Fenwick To relieve this place by diversion Jones on the 17th of July marched out of Dublin with 1000 Foot and 400 Horse and burned Castlemartin and took good Prey from Castlebawne but the Irish fell upon his Rear near Johnstown and killed Captain Meredith a Gentleman of clear Valour and great Hopes and several others and had destroyed them all if this Retreat had not been managed with excellent Conduct and extraordinary Courage And though some Men's Courage like a Fever proceeds rather from Distemper than Constitution and acts distractedly whilst it is in ferment but is soon allayed and suppressed yet true Valour is like Fire the more Oyl is cast upon it the more it flames and true Fortitude is so far from being daunted by Adversity that it is rather thereby stimulated to new Encounters And thus it was with Jones who disdained these Baffles he had received from the Irish and was resolved to regain his Reputation and retrieve the Glory of his Nation or dye and accordingly on the first day of August he drew out two Regiments of Horse and 3800 Foot half starved Soldiers that were ready to mutiny for want he had also some Artillery and what else he thought requisite to relieve Trim. But Preston having notice of this March raised the Siege and designed to get between the English and Dublin and so to have surprized that City whilst the other relieved Trim but Jones being reinforced by Sir Henry Tichbourn from Tredagh and Colonel Moor from Dundalk Colonel Conway and some Scots and others from Newry Carling ford c. amounting in all to 700 Horse and 1200 Foot followed Preston who besides what the Lord Dillon of Costilogh and the two Nugents brought him had effectually 7300 Foot and 1047 Horse and overtook him at Dungan Hill Battel of Dungan Hill where it came to a fair Battel on the 8th of August and Jones by plain Valour and downright Blows obtained the greatest and most entire Victory that had been gained during the War for there were slain on the place 5470 Men besides many that were gleaned up afterwards amounting in all to 6000 and there were 5 Colonels and 4 Lieutenant Colonels 6 Majors 32 Captains 23 Lieutenants 27 Ensigns 2 Cornets 22 Sergeants 2 Quartermasters 2 Gunners the Clerk of the Store 13 Troopers and 228 Common Soldiers taken Prisoners the Cannon and Carriages and 64 fair Oxen for the Train were also taken and which is most strange there were not above 20 English men slain in this fierce Encounter which happened that very day Twelve-month the Nuncio and Clergy at Waterford had broken the Peace of 1646 and therefore Mr. Beling reckons this Defeat as a Judgment on the Irish for their perfidious breach of that Peace The reason of so great a Slaughter was because the Irish Foot fled to a Bog and the English surrounded it and so had the killing of them all and indeed the extraordinary Valour of Major James Clotworthy ought not to be forgotten for he not only killed the Cannonier just as he was ready to fire but also tought so desperately that his Horse received 17 wounds and was killed and himself had two Shot in his Armour Upon this Defeat the Irish quitted and burnt Naas Sigginstown Collanstown Castlewarding and Moyglare and had been forced to quit more but that Pay and Provision grew so scant that the Army was fain to return to Dublin where 1500 l. was newly arrived and not long after greater Supplies were sent over together with 1000 l. for a Present to General Jones for his extraordinary good Service But that which is prodigiously Strange and almost Incredible is That the Nuncio the Clergy and the old Irish did rather rejoyce than grieve at this Misfortune of Preston's for his Army were old English of the Pale and but half-pac'd Nuncioâ—ists so that they could hardly be trusted And now the Clergy were rid of them by this Defeat and Owen Roe who was their Darling became General of the three Provinces and under him Sir Thomas Esmond commanded the Foot and Colonel Peirce Butler the Horse in Leinster Lieutenant General Farrel and Henry O Neal in Conaught and Major General O Neal and Sir Philem O Neal in Ulster And though Preston did pretend to recruit his Forces yet it was so faintly and slowly that small regard was had of him Owen Roe being thus qualified marched to visit his Province of Leinster and Jones being recruited at Dublin and afterwards joyned with Monk at Trim In October marched forward to face him but the Irish General was more cunning than to fight and lose all his Army at once as Preston had done and for which Owen Roe often laughed at him and therefore suffered the English to take Ashboy and Portlester and some other small places even whilst he looked on and so being loaden with Prey and Pillage Jones and Monk returned the one to Dublin any the other to Ulster And not long after Jones marched with Borlace's and Willoughby's Regiments into the County of Wicklow November 24. to settle them in Wicklow and Newcastle but in his absence Owen Roe burnt the Country from Castleknock to Drogheda and so near to Dublin that 200 Fires were discerned from St. Ann's Steeple in that City But it is time
own Subjects and hazard the Quiet of their Kingdoms or States To these we have answered elsewhere We cannot sufficiently wonder that Men having no Spleen or Malice to our person have yet been so transported by their desire to have a Governour to their mind as to asperse us with so many Untruths as they have been detected of in this Discourse Or why if their Charity be such as they speak of they choose not rather to deal freely with us in private when we so often provoked them to it than to joyn with others to keep us here against our inclination as if it were on purpose to send us away irrecoverably blasted in Honour and Reputation by their publick Declaration As to the Commissions here mentioned to be given by us against Limerick the many Provocations Disobediences affronts and Challenges of Dues by the Commissioners applotted on them required much more at our hands than we did Which you will find by the ensuing Discourse though therein we are necessitated to re-assume in part what we formerly said of the demeanor of that City That we having for a long time observed the great Disadvantage his Majesty's Service in the Conduct of the War hath been subject unto for want of Garrisoning the Army in the principal Cities and Towns of this Kingdom whereby the Army could not but be undisciplined and unfit for Action the Country where we have been forced to Quarter them at large burthened and destroyed and the said Cities and Towns on the Defence whereof depended the Preservation of the Kingdom with the Lives Liberties and Fortunes of all his Majesty's good Subjects therein in apparent hazard of being lost upon the approach of an Enemy as by sad Experience hath been verified in the loss of some Places of importance for the want of the seasonable admitting into them of fitting Governours and Garrison Souldiers We did on the 14th of January last propose unto the Commissioners authorized by us in pursuance of the Articles of Peace that then immediately Limerick and other Places should be strongly Garrison'd and Fortified and in pursuance of the said Articles we offered unto them the Names of three Persons of the Roman Catholick Religion that out of them they might choose one for the Command of Limerick But the Plague increasing at Kilkenny together with the necessity of dissolving the Meeting then there and for other important reasons the Election of a Governour of the said City of Limerick was deferred to the end that at our coming thither we might in the manner prescribed by the Articles of Peace make Choice of such a Person and Garrison as might be at once fit for so important a Charge and beyond all possiblity of being lyable to just Exception from that Corporation We leave it to the Commissioners and others that then attended us to witness what pains we there took to satisfie those of that City in the necessity of their speedy receiving a Governour and Garrison in relation to all the Interests that can be of value with any People What our Patience was in passing by many Disrespects and Marks of an Unworthy Distrust put upon us there as particularly the Officer commanding the City Guards neither came to us for Orders nor imparted any to us that no Officer of the Army nor any other Person could without special leave and that hardly obtained from the Mayor be admitted to come to us to receive our Commands and Directions for resisting the Rebels than by this means prevailing in the County of Limerick and other places and that the Lord Viscount Kilmalloc a Peer of the Realm and an Officer of the Army was we being upon the place restrained of his Liberty ☜ for no other reason than for Quartering by our Orders for one night some few Horse under his Command in the Liberties of the City When through such their Deportment we despaired of perswading them to the ways leading to their proper Safety and also judged it far beneath the Honour of our Master to remain any longer in a Place where such Affronts were put upon his Authority intrusted with us we determined to remove from thence to Logreogh appointing the said Commissioners and as many of the Roman Catholick Bishops as were within any convenient distance to meet us there on the 9th of March Where being met we declared unto them the necessity of Garrisoning that City and gave them some notice of our resentment of our Usage there yet sparingly in hope that by their means they might be brought to consent to what was so necessary for their own Preservation and in time to a better understanding of their Duty to his Majesty's Authority Whereupon the said Commissioners by two of their Number directed very pressing and rational Letters to that Corporation to the effect proposed by us offering them their Choice of five Persons for the Martial Government of that City all of the Roman Catholick Religion of considerable Interest in the Kingdom and of unblemished Reputation And the Bishops do affirm That they accompanied those Letters with others from themselves perswading that Obedience should be given to what was required by us with the Advice and Consent of the said Commissioners To all which they returned Answers to these employed to them wherein in direct Violation of the Articles of Peace whereunto they were obliged and which was proclaimed in that City they presumed to propose the raising of new Forces of their own choosing what Men to receive how and whence they should be supported by whom their means should be raised and collected into whose hands it should be put and in short wholly omitting to declare any thing concerning a Governour assumed to themselves all the Power in that City that by his Majesty is placed in us and by the Articles of Peace in the Commissioners These Propositions coming to us before our meeting with the Commissioners at Athlone we directed our Letter of the 9th of April to those employed to them with direction to impart it to the Corporation In these our Letters we manifested our dislike to such parts of their Presumption as tended to a dangerous Distinction and Dividing of the Nation and to the Diminution of his Majesty's Power even as the same is for a time in some things limited by the Articles of Peace and added to their Choice of Government the Lord Marquess of Clanrickard But in their Propositions which might be understood to proceed only from a fear of being over-burthened for the want of the punctual Payment of the Men that should be admitted we gave them assurance of Satisfaction as far as in us lay And the Commissioners being at Athlone and made acquainted with their Answers did again propose unto them some things nearer to their own sence But all their Forbearings Condescentions and mild Perswasions have produced in them no other effect than an obstinate and peremptory Persistance in their Disobedience with an Aggravation of it by their rejecting
and Garrisons of Inniskilling Culmore Cloghouter Castlejordan Carlingford Monaghan c. they made no considerable Resistance And in Munster Sir Henry Ingolsby went with a party to block up Limerick in July and had the good fortune to rout 4000 Irish that came to relieve it whereof 900 were slain and many taken Prisoners and Colonel Phair in August not only disturbed the Lord Insiquin's Levies in Kerry but also took in the Castle of Kilmurry and was very troublesome to the Lords Roch and Muskry But Ireton having refreshed his Army at Waterford marched through Wicklow and having taken a prey of 1600 Cows he sent Sir Har dress Waller with half of them to re-inforce the Blockade of Limerick and Waller in his march did take the strong Castles of Balliglaughan Ballycubane and Garygaglan and on the 9th of September summoned Limerick but it was in vain for the same Hugh O Neil that made the brave Resistance at Clonmell was now Governour of that City Ireton himself marched on to Sir Charles Coot and being joyned they went to Athlone but the Bridge being broke and the Town on Leinster side burnt Ireton left Coot there and having in his way taken two Castles in Mac Coghlan's Country together with Bi r which the Irish had deserted and burnt he came before Limerick but finding the Year too far spent and that Limerick could not be forced unless it were attacked on both sides the River he endeavoured to get Killaloo pass and so having taken Nenagh Castletown and Dromaneer he went into Winter-quarters to Kilkenny on the 10th of November In the mean time part of the Marquess of Clanrickard's Forces had retaken Bi r and the other two Castles in Mac Coghlan's Country and pretended to relieve Athlone if it should be distressed Whereupon Colonel Axtell Govenour of Kilkenny being joyned with the Wexford and Typerary Forces at Roscrea encountered them near Meleak-Island on the 25th day of October and gave them a sore Defeat killing 1500 Men and taking 200 Horse and all their Baggage In the mean time the Duke of Lorrain not having finished his Negotiations at Rome which I formerly mentioned continued his Dissimulation of Zeal for Religion and of concern for the Roman Catholick Irish whereupon the Lord Taaf whom Ormond had sent to the King to get forreign Supplies if possible finding that the King was in Scotland so that he could not get access to him made such importunate Application to the Duke of Lorrain that he procured the Abbot of Saint Catharines with some small Supplies to be sent to the Clergy and Catholick Nobility and Gentry of Ireland Ormond being then in France This Agent or Ambassador landed in the latter end of February 1650 at Galway and as soon as he understood that Clanrickard was left Lord-Deputy he gave his Excellency notice of his Arrival and afterwards shewed him his Credentials and assured his Excellency that the Duke his Master had so entire an affection to the King of England the prefervation of whose Interest in that Kingdom was the chief motive to him to offer his Assistance that if he had known any person had been intrusted there with his Majesty's Authority he would have Addressed himself unto him and no other and that he finding his Lordship invested with that power did what he knew his Master expected at his hands apply himself unto him with and by whose Directions he would alone steer himself through that Negotiation He told him the Duke had already disbursed 6000 Pistols for the supplying them with those things he heard they stood most in need of which were brought over by a Religious Person who came with him and that he was ready to be informed of what they would desire from his Highness that might enable them to resist their Enemy and that he would consent to any thing that was reasonable for him to undertake Hereupon a Committee of the Commissioners of Trust and some Prelates was appointed to Treat with him but as the Abbot varied from his first Proposals so the Popish Clergy did change and very from the Lord-Deputy's Instructions and turned out some of the Committee who would not comply with them and put in others in their room and though the Lord-Deputy prohibited their further progress in the Treaty upon such dishonourable Terms as the Abbot now propos'd yet they would go on to conclude it and thought they had excused their presumption well enough by saying That the Abbot would not consent to any other and that it was better to submit to hard Conditions than to break of the Treaty Whereupon the Lord. Deputy was so disgusted that he left the Town and refused to receive a Visit from this Ambassador that had so manifestly prevaricated from his first pretences By this stifness in the Lord Deputy the concluded Treaty vanished into smoak but the Abbot knowing his Master's design would not totally break off the Correspondence but on the contrary began to talk more mildly and as if the Duke would do very kind things if Agents were sent unto him Which being made known to the Lord-Deputy he appointed Sir Nicholas Plunket and Jeffery Brown for that Embasie and gave them such Instructions as he thought fit But the Prelates did not like that a matter of this importance should be managed without them and therefore under pretence of solliciting the Archbishop of Mecklin the Bishop of Leige and other Ecclesiasticks for Assistance they * Episcopi clerus multi alii precipui nobiles ac Magistratus earum Duarum civium quae Catholicis restabant Vindiciae Eversae 21. Vide the Commission Appendix 47. drew in some of the bigotted Nobility and Gentry and together impowered the busie Bishop of Ferns to interest himself in the Treaty with the Duke of Lorrain which he did with that Confidence and Rashness that was peculiar to him and spoiled whatever he meddled with and particularly the Negotiation in hand And that the World may know P. W. 585. they regard Clanrickard no more than Ormond that this Bishop and those of his party had no more regard to the King's Authority in the Roman Catholick hands of the Marquess of Clanrickard than whilst it remained with the Heretick Marquess of Ormond it is necessary to add the Bishop of Ferns's Letter to these Agents Plunket and Brown who were then in the same City with him viz. Brussels I Do with all sincerity offer mine own Opinion what is to be done by you in this Exigent which is to the end the Agreement you are making with his Highness the Duke of Lorrain become profitable to the Nation and acceptable in the Eyes of God that you would immediately with humble hearts make a Submission unto his Holiness in the Name of the Nation and beg the Apostolical Benediction that the Light of Wisdom the Spirit of Fortitude Victories Grace Success and those Blessings of God we one time enjoyed may return again to us The necessity of doing
this is the greater that the * Clanrickard Person from whom you come with Authority is for several causes Excommunicated A Jure Homine and is at Rome accounted a great Contemner of the Authority and Dignity of Church-men and Persecutor of my Lord Nuntio and some Bishops and other Church-men some of his own Letter come fair for the proof hereof you may be pleased to call to mind that he though much and often moved thereunto never joyned with the Confederate Catholiques until he found the opportunity of bearing down the Pope's Nuntio and had the Lord of Insiquin who not long before dyed his hands in the blood of Priests and innocent Souls in the Church or Rock of St. Patrick in Cashel to close with him in Society of Army the Nation hath now no cause to joy in that Conjunction of those two Stars Do you think God will prosper a Contract grounded upon the Authority of such a Man if some other way be not found of reconciling him to us That therefore what is prophane may be holy and what is rotten sound say in the Name of the Nation with the Prodigal Child Surgam ibo ad Patrem dicam ei pater peccavi in Coelum coram te And even immediately go to his Holiness's Inter Nuntio in this City to make this happy Submission Quia nescit tarda Molimina Spiritus Sancti gratia This being done go on chearfully with your Contract with this most Catholique Prince who did he rightly know the business without such Submission would never enter upon a Bargain to preserve or rather restore Holy Religion in a Kingdom with Agents bringing their Authority from a withered accursed Hand and God will send his Angels of strength and light before that People at least many of them who lying in Darkness and shackled with the Irons of Excommunication c. And it was by the sollicitation of this Angry Bishop and the influence the Clergy had over them that the Agents waving the Authority of the Lord-Deputy that sent them were induced to joyn with the Lord Taaf and in the Name of the People and Kingdom of Ireland to make the following Articles with the Duke of Lorrain An Agreement betwixt Charles the Fourth Duke of Lorrain and Theobald Lord Viscount Taaf Sir Nicholas Plunket and Jeffery Brown Deputed and Authorized by the People and Kingdom of Ireland I. THE most Illustrious Duke is to be vested with Royal Power under the Title of Protector Royal of Ireland II. Because Religion is the prime End and Subject of the Treaty all is to begin with an imploring Application to the Pope for his paternal Benediction and Help that he will not be wanting in things Spiritual or Temporal in consideration whereof it is protested That constant perpetual Obsequiousness of Duty and Faithfulness shall be paid to his Holiness and the Apostolick See III. In consideration of this Royal Protector 's power granted the Duke is by War to prosecute the King's Enemies and afford him all possible Assistance IV. The said Duke is to do nothing in derogation of the King's Authority or Jurisdiction in Ireland but rather to amplifie it and having restored the Kingdom and Religion to its due pristine Estate is to resign chearfully the Kingdom to the King V. Before Resignation as aforesaid ☞ the Duke is to be re-imbursed all by him pre-impended in this Business and for this Re-imbursement a general and exact Obedience to the Duke in Faith and Fidelity from the Kingdom and People is made and to be observed without Reservation to any other Superiority whatsoever VI. The Duke is not to fail on his part to Expel out of Ireland Hereticks Enemies to the King and his Religion and to recover and defend all things belonging to the Faithful Subjects of Ireland VII The Duke is solely and absolutely to exercise all Military Power for the present and future in Ireland as to the Nomination of all Commanders ahd guiding all Martial Proceedings at his own pleasure and in his own person unless he in his absence substitute some other Catholique Person VIII The Duke is to introduce no Innovation in the Towns c. to him assigned repugnant to the Securities Priviledges Immunities Proprieties Lands Estates or Ancient Laws of the Irish reserving only to himself Authority to apply Remedies to any thing accruing wherein publick prejudice may be contained IX The Duke is not to interpose in Administration of Judicial or Civil Affairs but leave them to be proceeded in according to the Fundamental Laws and publick Form of the King 's Chief Governour and the Assembly instituted X. The Manner of calling Assemblies to be as formerly unless complaint arise against the Government or other extraordinary Emergencies hinder and then according to the Ancient Laws the cutting off the Assembly is to be at the pleasure of his Higness XI When the Work is done in Ireland by consent of a General Assembly the Duke promises to afford Assistance to the King against Rebelling Adversaries in other Kingdoms XII In case the Duke cannot go in person into Ireland it is free in his choice and pleasure to depute any other Man of Catholique Piety who shall be Independant in the Militia and in Civil Matters shall be received to all manner of Councils in the same right as any other Counsellor or Commissioner XIII All Cities Castles Lands taken from the English shall revert to the Owners if Catholicks who have connstantly persevered in the Catholick Quarters under the Duke yet the Duke's Military Power shall be entire over the same to garrison and dispose of them at his pleasure XIV All Pay to the Souldiers is to pass from the Duke as well out of the publick Revenues as the Duke's Coffers when that fails provided that the Duke's disbursements of his proper Money for publick Uses for the future to be repaid him as former Disbursements XV. All Goods of Enemies and Delinquents are to be converted to the publick Military Charges and towards rewarding great Merits by the Duke with Advice of the General Assembly XVI The Duke besides 20000 l. already contributed promises all further Accommodations and Supplements for War together with his power and industry what is not above the reach of his Faculties and beneath the Necessities of the War towards the Repayment whereof as well Principal as the Annual Provenue and Use thereof the whole Nation of Ireland is to be liable until the last Peny be paid and for Caution in the mean time the Duke is to be seized and possessed in his own hands of Galway Limerick Athenry the Castle and Town of Athlone ☜ and Waterford and the Royal Fort of Duncannon when recovered from the Enemy and these are to remain to him and his Heirs until full and intire Satisfaction receiv'd and to pay just Obedience and be Garrison'd and Commanded at his pleasure XVII In laying of publick Taxes and levying the same for the Duke's Satisfaction
and Excursions in the Winter they were ready to take the Field early But the main design being against Limerick it was necessary to get into the Province of Conaught which was entirely in the Irish hands and in order to this Sir Charles Coot with 2000 Horse and as many choice Foot marched to Sligo and when he had amused the Irish as though he would attempt that place he slipt by them over the Curlew Mountains and came to Athlone which he quickly took as he did also Portumna soon after so that they had two good Passes over the Shenin and in the mean time Ireton with the main Body of the Army forced Killalow-pass and then marched down to Limerick and there he entrenched his Army and laid a formal and regular Siege to that City And it is strange that a Town that was so obstinate and wilful that it refused to receive the Lord-Deputy Clanrickard and good part of his Forces into their Walls for their Defence as it did the Lord-Lieutenant heretofore was nevertheless so pusillanimous and cowardly to talk of surrendring as soon as the Enemy appeared before it so that almost every day Letters were intercepted importing That if they were not speedily relieved the Commonalty would force them to Capitulate And at last they did give it up at a time of Year that of itself would have raised the Siege if they had had patience and they also did it upon the hardest Conditions of any City in the Kingdom however we must do that right to the Governour and most part of the Garrison to own that they were no way guilty of that Baseness but bravely rejected the favourable Offers that were made to them by the Enemy at the beginning of the Siege About the first of July Ireton took the Castle on the Weare which the Warders deserted and betook themselves to the River but finding they were continually shot at by the English they came on shore in two parties the one to the West side where Colonels Tuthil's Regiment was a Captain whereof promised them Quarter nevertheless they were by Tuthil's order stript and knockt in the head whereat Ireton was so enraged that he caused Tuthil to be tried by a Council of War and though he excused it by his Opinion That an Inferiour Officer had no power to give Quarter whilst his Superiour was upon the place Yet both he and his Ensign were Cashier'd And when Ireton understood that the other party of the Irish that landed on the East side in Colonel Ingolsby's Quarters had been kindly used and not so much as stript he dismist them Graâ—is without Exchange or Ransom and sent them into the City with a handsome Message expressing his Detestation of breach of Faith and offering what farther Satisfaction they desired but they were very well pleased with the Justice he had so generously done them and so that matter ended But Ireton prest on the Siege with great dilligence and vigour and the Governour as valiantly defended the City so that when Ireton had taken the Bridge that Conquest was made unuseful to him by breaking down two Arches at the other end whereupon Ireton endeavoured to possess the Island and provided eleven Boats and a float to that purpose but it did not succeed according to his design for the Float proved too short so that all the Men but seven that landed out of the first five Boats were slain or drowned before any of their Companions could come to assist them However Ireton resolved to take the Town and was in hopes that want of Victuals might force it to surrender in time but the danger was that the Irish might relieve it before he could reduce it to Extremity and therefore to prevent that he form'd an Army Volant under the Lord of Broghill out of his Ingolsby's Cromwell's and Henry Cromwell's Regiments of Horse and twenty six Companies of Foot and though that Lord desired to have none but Horse and Dragoons for Expedition sake yet Ireton obliged him to take Foot also because of the Woods and Fastnesses the Enemy might lurk in And because Reputation ought highly to be considered at all times but more especially in the beginning of Military Actions the Lord Broghill did proceed with all the Briskness and Expedition that a brave and a vigilant Captain was capable of and in few days came so near the Enemy that they could perceive each other Fires they being three Mile on the South and he three Mile on the North side of the Black-water The Irish Army were double his number of Horse and thrice as many Foot as the English nevertheless Broghill passed the River early in the morning and met with some Irish Gentlemen that were under Protection and told him they came thither out of Curiosity because of a Prophecy amongst them That the last Battle in Ireland should be at Knocknaclashy and they supposed if ever it would happen it would be now since both Armies were so near Whereupon the Lord Broghill asked them Who was to have the Victory by their Prophecy they shook their heads and said The English Hereupon that Lord marched to Knocknaclashy and the Enemy retiring he marched back again over it towards the place where he intended to Quarter And then the Irish fell upon his Rear so that the Battle did at last happen in that very place the Irish-men spoke of in the morning It was very strange that it should so fall out that the Budge-Barrels of both Armies were accidentally burnt at the beginning of the Fight but it seems that this did not discourage either Party but that they fought stoutly Horse-head to Horse-head hacking and hewing with their Swords when they had spent their Shot In fine the Lord Broghill in the right Wing routed the left Wing of the Enemy whilst Major Wallis in the left Wing valiantly made good his ground but a fresh party of the Irish had like to put the Victory in dispute till Broghill bid his Men cry They run they run Whereupon the first Rank of the Irish lookt back and those behind seeing their faces thought they were running indeed and so all that party fled Nevertheless the Irish once again bid fair to recover the day by means of a stand of Pikes which stood so firm that it was a long time before they could be broken but at last they were forced in their Angles and the whole Army was routed and very many of them killed by reason of a fierce and vigorous Pursuit which lasted till night There are many things observable of this Battle besides what is already mentioned 1. That it was the last Battle that was fought in that War according to the Irish-mens Prophecy 2. It was as fair a day both before and after the Fight as ever was known but during all the time of the Conflict there was as great a Storm of Thunder Lightning and Rain as had hapned in many Years before 3. That amongst the Baggage were taken a
to excuse my self from communicating to you such Observations as I have made On the contrary I have herewith sent you what I have already collected and will as often as you desire impart to you whatever shall fall under my Notice or Observation that is pertinent to your purpose The Interval between the end of the War and Cromwell's Death affords but little matter for an Historian for it was a time of profound Peace and spent in setting out of Lands setling of Titles in Building and Improvements and in transplanting the Irish into Connaught and imposing the Engagement The Government was managed by Commissioners of Parliament viz. Charles Fleetwood Lieutenant-General of the Army Edmond Ludlow Lieutenant-General of the Horse Miles Corbet John Jones and John Weaver Esquires but the Army was under the sole Conduct of Fleetwood In November 1653. the Commissioners of Delinquency sate at Athlone to determine the Qualifications of the Irish for Transplantation into Connaught and they continued eight Months but did not dispatch Business as was expected and therefore Judg Cook was fain to supply their Defect and some of the other Commissioners removed to Loghreogh to set out Lands to the Irish pursuant to Cook 's Decrees But in Anno 1654. Fleetwood was made Lord Deputy and so continued until August 1655. and then Henry Cromwell was made Commander in Chief of the Army and in the Civil Government Matthew Thomlinson Miles Corbet and Robert Goodwin were in Commission with him and to them Mr. Steel the Chancellor was afterwards added And it was in the year 1655. that the Civil Authority which had been discontinued in Cork since the year 1644. was revived and Sir William 〈◊〉 Maurice Roch Christopher Oliver John Morly John Hodder and other ancient Freemen of the City met and elected John Hodder Mayor and William Hodder and Philip Matthews Sheriffs And in the same year the City and County of Londonderry were restored to the Society of the Governour and Assistants of London of the new Plantation in Ulster within the Realm of Ireland this County being the forfeited Estate of O Cahan and other Irish Septs was by King James granted to this Society under certain Covenants of Improvement whereupon they laid out vast Sums of Money in the Management of that Plantation by building Derry Colerain and twelve Mannor-houses c. But Anno 1636. they were prosecuted in the Star-Chamber on pretence of breach of Articles and their Estates sequestred and Anno 1637. Sir Thomas Fotherly and Sir Ralph Whitfield were Commissioned by the King to make new Leases thereof And tho there did pass a Vote of Parliament Anno 1640. to null the Decree of the Star-Chamber yet by reason of the Irish Rebellion following so soon after they were not restored until this year but Anno 1662. King Charles II. gave a new Charter to this Society under which it flourished till of late But to proceed After Oliver's Death the new Protector made his Brother Henry Cromwell Lord Lieutenant and so he continued until the 7th of May 1659. and then the Parliament sent over Ludlow Jones Thomlinson Corbet and Berry to Govern that Kingdom but Ludlow returned in September so that he was not in Ireland when the following Revolution happened For the People being weary of so many Alterations and Changes and despising the Unsteadiness of the Government were generally inclined to the King's Restauration And this humour being fomented and discreetly managed centred in what they desired The Lords of Montgomery and Broghall Sir Charles Coot Captain Robert Fitz-Gerald Sir Theophilus Jones Sir Oliver Saint-George Sir Awdly Mervin Collonel Mark Trevor Collonel Warren and several others were concerned in this Affair January 1659. They surpriz'd the Castle of Dublin and Jones in it and they seized on Corbet and Thomlinson at a Conventicle in St. Warbert-street and they forced or persuaded Major-General Sir Hardress Waller to comply and so they declared for a Free Parliament The Government being thus in the hands of the Army was managed by a Committee or Council of Officers who upon the Petition of the a Alderman Dee Mayor and Aldermen of Dublin did as they had before design'd summon a Convention By this time the Lord Broghill and Sir Charles Coot were come to Dublin and they projected to suspend the Convention until they had modell'd the Army to their mind and got rid of Sir Hardress Waller But he suspecting their Design seized upon the Castle of Dublin so that they were fain to besiege him and in five days forced him to surrender and then they sent Him Jones Thomlinson and Corbet Prisoners to England But the Victorious Confederates were like to Clash amongst themselves one Party being for Articling with the King for the Confirmation of the Estates of Adventurers and Soldiers and the other Party being for His Majesties Restoration without any previous Condition but at length they agreed in this latter Sentiment and the Convention met on the 7 th of February Sir James Barry being their Chair-man Their first Act was to order a Fast and Humiliation for their Sins amongst which the Murder of the King was Enumerated and all their Actions were suitable to this beginning so that they seemed to contend with England which should be most forward in Restoring the King On the 16 th of February The Council of Officers published their Memorable Declaration for a full and free Parliament and the Re-admission of the Secluded Members in the Parliament of England And pursuant to it the Convention published a Declaration on the 12 th of March to the same purpose and afterwards viz. the 14 th of May they accepted of His Majesties Declaration of the 14 th of April from Breda and cheerfully concurr'd to His Restoration And as soon as this was done the Irish Papists who had fat still all this while and contributed nothing to this great Revolution thought to reap all the Benefit of other Mens Merits insomuch that several of them took Possession of their former Estates and this Grievance was so general that the Convention was necessitated on the 20 th day of May 1660. to issue a Declaration for preserving the Peace and quieting Possessions and on the first of June His Majesty in England issued a Proclamation to the same purpose This Convention gave His Majesty 20000 l. the Duke of York 4000 l. the Duke of Glocester 2000 l. and then leaving a standing Committee to Govern the Nation Adjourn'd till the first day of November following On the 18 th of October His Majesty be Letter approv'd of this Convention and so on the 22 d of January it met again Sir William Dumvill being Chairman and so continued until its Dissolution in May 1661. In the mean time the Government was in the Hands of Sir Charles Coot and Major William Bury who were sided Commissioners of Government and Management of Affairs in Ireland but not long after Sir Maurice Eustace Lord Chancellor Roger Earl of
whereupon he this Examinant came to Connaught on Wednesday night last and finding the said Hugh come to Dublin followed him thither he came hither about Six of the Clock this Evening and forthwith went to the Lodging of the said Hugh to the House near the Boot in Oxmantown and there he found the said Hugh and came with the said Hugh into the Town near the Pillory to the Lodging of the Lord Mac-Guire where they found not the Lord within and there they drank a Cup of Beer and then went back again to the said Hugh's Lodging He saith that at the Lord Mac-Guire's Lodging the said Hugh told him that there were and would be this Night great Numbers of Noblemen and Gentlemen of the Irish Papists from all parts of the Kingdom in this Town who with himself had determined to take the Castle of Dublin and to possess themselves of all his Majesties Ammunition there to Morrow Morning being Saturday and that they intended first to Batter the Chimneys of the said Town and if the Citizens would not yield then to Batter down the Houses and so to cut off all the Protestants that would not joyn with them He further saith That he the said Hugh told him that the Irish had prepared men in all parts of the Kingdom to destroy all the English Inhabiting there to Morrow Morning by Ten of the Clock and that in all the Sea-Ports and other Towns in the Kingdom all the Protestants should be killed that night and that all the Posts that could be could not prevent it And farther saith That he moved the said Hugh to forbear executing of that business and to discover it to the State for saving of his own Estate who said he could not help it but said that they did owe their Allegiance to the King and would pay him all his Rights But that they did this for the Tyrannical Government that was over them and to imitate Scotland who had got a Priviledge by that course And he further saith that when he was with the said Hugh in his Lodging the said Hugh swore that he should not go out of his Lodging that Night but told him he should go with him the next Morning to the Castle and said if this matter were discovered somebody should die for it Whereupon this Examinant fained some necessity for his Easement went down out of the Chamber and left his Sword in Pawn and the said Hugh sent his Man down with him and when this Examinant came down into the Yard and finding an opportunity he this Examinant leaped over a Wall and Two Pales and so came to the Lord Justice Parsons October 22. 1641. Owen O Conally William Parsons Thomas Rotheram Robert Meredith Appendix III. A Copy of a Letter directed to the Lord Viscount Costilough from the Rebels of the County of Longford in Ireland which he presented to the State in their behalf Nov. 10. 1641. Our very Good Lord OUr Allyance unto your Lordships Ancestors and your self and the tryal of your and their performance of Trust unto their Friends in their greatest Adversity encourageth us and engageth your Honour to our fruition of your future Favours the fixion of our confidence in you before any of the Peers and Privy Counsellors of the Kingdom doubleth this obligation Your Lordship may therefore be pleased to acquaint the Lords Justices and Councel to be imparted unto his Sacred Majesty with our Grievances and the causes thereof the Reading of which we most humbly pray and the Manner of it First The Papists in the Neighbouring Counties are severely Punished and their Miseries might serve as Beacons unto us to look unto our own when our Neighbours Houses are on Fire And we and other Papists are and ever will be as Loyal Subjects as any in the Kings Dominions for manifestation whereof we send herein inclosed an Oath solemnly taken by us which as it receiv'd indelible impression in our Hearts shall be Sign'd with our Hand and Seal'd with our Blood Secondly There is an Incapacity in the Papists of Honour and the Immunities of true Subjects the Royal marks of Distributive Justice and a disfavour in the Commutative which raised Strangers and Foreigners above those whose Valour and Vertue was Invincible when the old Families of the English and the major part of us the meer Irish did Swim in Blood to serve the Crown of England and when Offices should call Men of Worth Men without Worth and Merit obtain them Thirdly The Statute of 2 Eliz. of force in this Kingdom against us and they of our Religion doth not a little disanimate us and the rest Fourthly The avoidance of Grants of our Lands and Liberties by Quirks and Quiddities of the Law without reflecting upon the Kings Royal and real intention for confirming our Estates his Broad Seal being the Pawn betwixt his Majesty and his People Fifthly The Restraint of Purchase in the meer Irish of Lands in the Escheated Counties and the taint and blemish of them and their Posterities doth more discontent them than that Plantation Rule for they are brought to that Exigent of Poverty in these late times that they must be Sellers and not Buyers of Land And we conceive and humbly offer to your Lordships consideration principiis obsta that in the beginning of this Commotion your Lordship as it is Hereditary for you will be a Physitian to cure this Disease in us and by our examples it will doubtless beget the like auspicious success in all other parts of the Kingdom for we are of opinion it is one Sickness and one Pharmach will suffice Sublata causa tollitur effectus and it will be recorded that you will do Service unto God King and Country and for salving every the aforesaid Sores your Lordship is to be an humble Suitor in our behalf and of the rest of the Papists that out of the abundance of his Majesties Clemency there may be an Act of Oblivion and general Pardon without Restitution or account of Goods taken in the time of this Commotion a Liberty of our Religion a Repeal of all Statutes formerly made to the contrary and not by Proclamation but Parliamentary way a Charter-free Denizen in ample manner for meer Irish all which in succeeding Ages will prove an Union to all his Majesties Dominions instead of Division a Comfort in Desolation and a Happiness in perpetuity for an imminent Calamity And this being granted there will be all things Quae sunt Caesaris Caesari and quae sunt Dei Deo and it was by the Poet written though he be prophane in other matters yet in this Prophetically Divisum Imperium cum Jove Caesar habet All which for this present we leave to your Honourable care and we will as we ever did and do remain Your very humble and assured ever to be Commanded Hugh mac Gillernow Farral James Farral Bryan Farral Readagh Farral Edmond mac Cael Farral John Farral in Carbuy Garret Farrel Lisagh mac Conel Farral
said Forces and hereby further requiring and authorizing you as Commander of them in chief to arm array divide distribute dispose conduct lead and govern in chief the said Forces according to your best Discretion and with the said Forces to resist pursue follow apprehend and put to death slay and kill as well by Battel as other ways all and singular the said Conspirators Traitors and their Adherents according to your Discretion and according to your Conscience and Discretion to proceed against them or any of them by Martial Law by hanging them or any of them till they be dead according as it hath been accustomed in Time of open Rebellion and also to take waste and spoil their or any of their Castles Holds Forts Houses Goods and Territories or otherwise to preserve the Lives of them or any of them and to receive them into his Majesties Favour and Mercy and to forbear the Devastation of their or any of their Castles Forts Holds Goods and Territories aforementioned according to your discretion Further hereby requiring and authorizing you to do execute and perform all and singular such other thing for Examination of Persons suspected discovery of Traitors and their Adherents parlying with and granting Protections to them or any of them taking up of Carts Carriages and other Conveniences sending and retaining Espials victualling the said Forces and other things whatsoever conducing to the purpose aforementioned as you in your discretion shall think fit and the Necessity of the Service require further hereby requiring and authorizing you as Commander in chief to constitute and appoint such Officers and Ministers respectively for the better performance and execution of all and singular the Premises as you in your discretion shall think fit And we do hereby require and command all and singular His Majesties Sheriffs Officers and Ministers and loving Subjects of and within the County of Meath and the Borders thereof upon their Faith and Allegiance to His Majesty and to his Crown to be aiding helping and assisting to you in the doing and executing of all and singular the Premises This our Commission to continue during our pleasure only and for the so doing this shall be your sufficient Warrant Given at His Majesties Castle of Dublin November 2 d. 1641. To our very good Lord Nicholas Viscount Gormanstown R. Dillon Jo. Temple Ja. Ware Rob. Meredith Appendix IX The Deposition of Henry Jones Doctor in Divinity and Dean of Kilmore I Henry Jones Doctor in Divinity in obedience to His Majesties Commission requiring an Account of the Losses of his Loyal Subjects wherein they suffered by the present Rebellion in Ireland Requiring also a Declaration of what traiterous Words Projects or Actions were done said or plotted by the Actors or Abetters in that Rebellion do make and give in this following Report of the Premises to the best of my knowledge As for the present Rebellion howsoever the breaking out of this Fire into a Flame began first on the 23 d. of October yet was it smoking as may well be conjectured for many years before God having given us many and apparent Grounds for the Discovery of it had they been duly considered or fully prosecuted to a discovery of which kind we find these following four particulars 1. The first that about three or four years since amongst many Books brought into Limeriek from foreign yarts and seized upon by the Reverend Bishop of that See as probibited being thereunto authorized by the State One had a written Addition to the first part which was printed the Manuscript containing a Discourse of the Fryers of the Augustine Order sometimes seated in the Town of Armagh in Vlster but by reason of the Times at that present resident as that writing imported in the City of Limerick in Munster that while it flourished at Armagh it was protected and largely provided for by the then Earl of Tyrone Since whose expulsion out of Ireland that Convent was also decayed and driven to those distresses it did for the present undergo but that within three years this is as I remember the time limitied Ireland should find that he had a Son inheriting his Fathers Vertues who should restore that Kingdom to its former Liberty and that Convent to its first Lustre or words to that effect This was related unto me by that zealous and learned Prelate Doctor Webb now Bishop of Limerick who saw and read the said passage purposing as his Lordship told me to send that Book to the Lord President of Munster to be taken into further consideration 2. Hereunto was added a second passage about the same time at Limeriek aforesaid where a Popish Priest gave out that within three years there should not be a Protestant in Ireland or words to that purpose with some other material Circumstances which I do not now remember yet all so concurring with the former or the first to this for which preceeded I know not both being about one time that it was thought fitting to be considered of the said Priest being sent unto the Lords Justices at Dublin and he committed to the Castle 3. The third did agree with the two former and fell out about the same time in the Country of Westmeath in the Province of Linster where Walter Nugent of Rathaspeck in the said County Eldest Son the Walter Nugent Esquire a Man of great Fortunes upbraiding an Irish Protestant who was the Parish Clark of Rathaspeck aforesaid with his Religion and both speaking Latin the said Newgent uttered these words Infratres Annos veniet tempus potentia in Hibernia quando tu longe likely meaning diu pendebis in cruce propter Diabolicam vestram Religionem The party to which this was spoken feared the power of the man and durst not speak of it only in private yet being called upon and examined juridically upon Oath he deposed these words And being demanded whether the words were in Hiberniam or Hibernia the first importing an Invasion the other an Insurrection at home he deposed the latter having time given him to consider of it These Examination were sent to Sir George Ratcliff Newgent was sent for and committed to the Castle of Dublin and remained in long durance but after was dismissed 4. Hereunto was added the fourth about the same time near the Nass about Twelve Miles from Dublin where a Popish Preist newly arrived out of Flanders did make his Address to the then Lord-Deputy and informed his Lordship of an intercourse of Letters between the Earl of Tyrone with others in Flanders and the Popish Primate of Armagh Rely concerning an Invasion within a short time intended upon Ireland the said Priest offering so his Person might be secured to direct such as should be thereunto appointed to the place where the said Letters were in the Custody of the said Rely Rely was thereupon sent for together with the Popish Vicar General of Armagh as I remember it both were committed to the said Castle of Dublin but soon after
our Reign 1641. Appendix XIV The Oath of Association taken by the Irish Rebels The Preamble WHereas the Roman Catholicks of this Kingdom have been inforced to take Arms for the necessary Defence and Preservation as well of their Religion plotted and by many foul Practices endeavoured to be quite supprest by the Puritan Faction as likewise their Lives Esttates and Liberties as also for the Defence and Safeguard of His Majesties regal Power just Prerogatives Honour State and Rights invaded upon and for that it is requisite that there should be an unanimous Consent and real Union between ALL the Catholicks of this Realm to maintain the Premises and strengthen them against their Adversaries It is thought fit by them that they and whosoever shall adhere unto their Party as a Confederate should for the better Assurance of their adhering Fidelity and Constancy to the Publick Cause take the ensuing Oath The Oath of Association J. A. B. do profess swear and protest before God and his Saints and his Angels that I will during my Life bear true Faith and Allegiance to my Sovereign Lord Charles by the Grace of God King of Great Britain France and Ireland and to his Heirs and lawful Successors and that I will to my Power during my Life defend uphold maintain all his and their just Prerogatives Estates and Rights the Power and Priviledges of the Parliament of this Realm the fundamental Laws of Ireland the free Exercise of the Roman Catholick Faith and Religion throughout this Land and the Lives just Liberties Possessions Estates and Rights of all those that have taken or shall take this Oath and perform the Contents thereof and that I will obey and ratifie all the Orders and Decrees made and to be made by the Supream Council of the Confederate Catholicks of this Kingdom concerning the said publick Cause and that I will not seek directly or indirectly any Pardon or Protection for any Act done or to be done touching this general Cause without the Consent of the Major part of the said Council and that I will not directly or indirectly do any Act or Acts that shall prejudice the said Cause but will to the hazard of my Life and Estate assist prosecute and maintain the same Moreover I do further swear that I will not accept of or submit unto any Peace made or to be made with the said confederate Catholicks without the Consent and Approbation of the General Assembly of the said confederate Catholicks And for the preservation and strengthening of the Association and Union of the Kingdom that upon any Peace or Accommodation to be made or concluded with the said confederate Catholicks as aforesaid I will to the utmost of my Power insist upon und maintain the ensuing Propositions until a Peace as aforesaid be made and the matters to be agreed upon in the Articles of Peace be established and secured by Parliament So help me God The Propositions mentioned in the aforesaid Oath 1. THAT the Roman Catholicks both Clergy and Laity to their several Capacities have free and publick Exercise of the Roman Catholick Religion and Function throughout the Kingdom in as full Lustre and Splendor as it was in the Reign of King Henry the Seventh or any other Catholick Kings his Predecessors Kings of England and Lords of Ireland either in Ireland or England 2. That the secular Clergy of Ireland viz. Primates Arch-Bishops Bishops Ordinaries Deans Deans and Chapters Arch-Deacons Prebendaries and other Dignitaries Parsons Vicars and all other Pastors of the Secular Clergy and their respective Successors shall have and enjoy all and all Manner of Jurisdictions Priviledges Immunities in as full and ample Manner as the Roman Catholicks Secular Clergy had or enjoyed the same within this Realm at any Time during the Reign of the Late Henry the Seventh Sometimes King of England and Lord of Ireland Any Law Declaration of Law Statute Power and Authority whatsoever to the contrary notwithstanding 3. That all Laws and Statutes made since the Twentieth Year of King Henry the Eighth whereby any Restraint Penalty Mulct Incapacity or Restriction whatsoever is or may be laid upon any of the Roman Catholicks either of the Clergy or of the Laity for such the said free Exercise of the Roman Catholick Religion within this Kingdom and of their several Functions Jurisdictions and Priviledges may be repealed revoked and declared void by one or more Acts of Parliament to be passed therein 4. That all Primates Archbishops Bishops Ordinaries Deans Deans and Chapters Archdeacons Chancellors Treasurers Chaunters Provosts Wardens of Collegiate Churches Prebendaries and other Dignitaries Parsons Vicars and other Pastors of the Roman Catholick Secular Clergy and their respective Successors shall have hold and enjoy all the Churches and Church-Livings in as large and ample Manner as the late Protestant Clergy respectively enjoyed the same on the First Day of October in the Year of our Lord 1641 Together with all the Profits Emoluments Perquisites Liberties and the Rights to their respective Sees and Churches belonging as well in all places now in the Possession of the Confederate Catholicks as also in all other places that shall be recovered by the said Confederate Cathollcks from the adverse party within this Kingdom saving to the Roman Catholick Laity their Rights according to the Laws of the Land Appendix XV. The Pope's Bull to the Irish HAving taken into our serious consideration the great Zeal of the Irish towards the propagating of the Catholick Faith and the Piety of the Catholick Warriers in the several Armies of that Kingdom which was for that singular fervency in the true worship of God and notable care had formerly in the like case by the Inhabitants thereof for the maintenance and preservation of the same Orthodox Faith called of old the Land of Saints and having got certain notice how in imitation of their Godly and Worthy Ancestors they endeavour by force of Arms to deliver their thralled Nation from the Oppressions and Grievous Injuries of the Hereticks wherewith this long time it hath been afflicted and heavily burthened and gallantly do what in them lieth to extirpate and totally root out those workers of Iniquity who in the Kingdom of Ireland had infected and always striven to infect the Mass of Catholick Purity with the pestiferous Leaven of their Heretical contagion We therefore being willing to cherish them with the gift of those Spiritual graces whereof by God we are ordained the only disposers on Earth by the mercy of the same Almighty God trusting in the Authority of the Blessed Apostles Peter and Paul and by vertue of that power of binding and loosing of Souls which God was pleased without our deserving to confer upon us To all and every one of the faithful Christians in the aforesaid Kingdom of Ireland now and for the time Militating against the Hereticks and other Enemies of the Catholick Faith they being truly and sincerely penitent after Confession and the Spiritual refreshing of themselves with
by any Ships or other Vessels of what Country or Nation soever under their Power or Command or Waged Imployed or Contracted with on their behalf or by any Forts Garrisons or Forces within this Kingdom under their Power in their coming to this Kingdom or returning from thence 4. It is concluded and accorded and the said Lord Viscount Muskery and the rest of the above named Parties do promise and undertake for and in the behalf of those for whom they are Authorised as aforesaid that all Ships Barks and Vessels which shall bring Provisions to any Harbour in this Kingdom in the hands of such as shall obey the Articles of this Cessation from any Potts in the Kingdom of England having his Majesties Pass or the Pass of any who is or shall be His Majesties Admiral or Vice-Admiral or the Pass of any Governor or Governors of any the Ports in England in his Majesties Hands or which shall hereafter during this Cessation be in his Majesties Hands or the Pass of the said Marquess shall not be interrupted by any of those for whom the said Lord Viscount Muskery and the rest of the above named Persons are Authorised as aforesaid neither in their coming to this Kingdom or in their return so as they use not any acts of Hostility to any of their said Party And this to be a Rule until his Majesties Pleasure be further declared therein upon application of the Agents of the said Roman-Catholick Subjects now in Arms c. to His Majesty 5. It is concluded and accorded and the said James Marquess of Ormond doth promise and undertake for and in the Name of His Majesty that no interruption shall be given by any Ship or Ships under his Majesties Power and Command or Waged Imployed or Contracted with by or in the behalf of his Majesty or by any of his Majesties Forts Garrisons or Forces within this Kingdom to any Ship or Ships that shall Trade with any of the said Roman-Catholicks who are now in Arms c. or any of their Party or which shall come in or go out of any the Cities Towns Harbours Creeks or Ports of this Kingdom in the hands of the said Roman-Catholicks now in Arms c. with Arms Ammunition Merchandise Commodity or any thing whatsoever during this Cessation As on the other side the said Donogh Viscount Muskery and the rest above named of that Party do promise and undertake for and in the behalf of those by whom they are Authorised that no interruption shall be given by any Ship or other Vessel whatsoever under the Power and Command of their Party or Waged Imployed or Contracted with by or in the behalf of their Party or by any Forts Garrisons or Forces within this Kingdom in their Power to any Ship or ships that shall Trade with any of his Majesties Subjects obeying this Cessation or which shall come in or go out of any of the Cities Towns Harbours or Ports of this Kingdom which shall obey this Cessation with Arms Ammunition Merchandise Commodity or any other thing whatsoever during this Cessation Provided that no Ship or Ships shall be admitted free Trade by colour of this Article but such as are warranted by the precedent Articles 6. It is Concluded and Accorded that the Quarters in the Province of Leinster be as followeth viz. That the County of Dublin the County of the City of Dublin the County of the Town of Droghedagh and the County of Lowth shall remain and be during the Cessation in the possession of his Majesties Protestant Subjects and of such as adhere unto them respectively saving and excepting unto the said Roman-Catholick Subjects now in Arms c. and their Party all such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the said Fifteenth day of September 1643 at the Hour aforesaid are possessed in the said Counties or any of them by any of the said Party And it is further Concluded and Accorded that as much of the County of Meath as is on the East and South-side of the River of Boyne from Droghedagh to Trym and thence to the Lordship of Moylagh and thence to Moyglare and thence to Dublin shall during the said Cessation remain and be in the possession of His Majesties Protestant Subjects and of such as adhere unto them respectively saving and excepting to the said Roman-Catholick Subjects now in Arms and their Party all such Castles Towns Lands and Territories and the Lands and Hereditaments thereunto belonging which upon the said Fifteenth day of September 1643 at the Hour aforesaid are possessed by any of the said Roman-Catholick Subjects now in Arms c. and of their Party within the said Limits and Boundaries and that the Residue of the said County of Meath shall remain in the Hands and Possession of the said Roman-Catholick Subjects now in Arms c. and their Party except the Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the said Fifteenth day of September 1643 at the Hour aforesaid are possessed within the said last mentioned Quarters in the County of Meath by his Majesties Protestant Subjects and such as adhere unto them or by any of them respectively And that so much of the County of Kildare as is on this side of the Liffy where Naas is situate and on the other side of the Liffy from Dublin Westward into the County of Kildare so far as the Rye water at Kilcock and so far betwixt that and the Liffy as shall be at the same distance from Dublin as the said Rye Water is at Kilcock on that side of the Liffy shall during the said Cessation remain and be in the Hands and Possessions of his Majesties Protestant Subjects and their Adherents respectively except such Castles Towns Territories and the Lands and Hereditaments thereunto belonging which upon the said Fifteenth day of September 1643 at the Hour aforesaid are possessed within the said Quarters by the said Roman-Catholick Subjects who are now in Arms c. and their Party and that the residue of the said County of Kildare shall remain in the hands of the said Roman-Catholick Subjects now in Arms c. and their Party except such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the said Fifteenth day of September 1643 at the Hour aforesaid are possessed by his Majesties Protestant Subjects and their Adherents respectively within the said last mentioned Quarters in the said County of Kildare And that the several Counties of Wicklow West Meath Kings County Queens County Catherlagh Kilkenny County of the City of Kilkenny Wexford and Longford shall during the said Cessation remain in the Hands of the said Roman-Catholick Subjects now in Arms c. and their Party except such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the said Fifteenth day of September 1643 at the Hour aforesaid are possessed within the said County by
agreed upon by and between the said Parties and His Majesty is further graciously pleased that all Incapacities imposed upon the Natives of this Kingdom or any of them as Natives by any Act of Parliament Provisoes in Patents or otherwise be taken away by Act to be passed in the said Parliament and that they may be enabled to erect one or more Inns of Court in or near the City of Dublin and that such Students Natives of this Kingdom as shall be therein may take and receive the usual Degrees accustomed in any Inns of Court they taking the Oath already mentioned And that they may erect one or more Universities to be Governed by such Rules and Orders as His Majesty shall appoint And it is further concluded and agreed by and between the said Parties and His Majesty is graciously pleased that the said Roman-Catholick Subjects may erect and keep Free-Schools for education of Youth in this Kingdom any Law or Statute to the contrary notwithstanding all the matters of this Article to be passed as Acts of Parliament in the said next Parliament 8. It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is graciously pleased That Places of Command Honour Profit and Trust in His Majesties Armies in this Kingdom shall be upon perfection of these Articles actually and by particular instances conferred upon His Roman-Catholick Subjects of this Kingdom and that upon the distribution conferring and disposal of the Places of Command Honor Profit and Trust in his Majesties Armies in this Kingdom for the future no difference shall be made between the said Roman-Catholicks and other His Majesties Subjects but that such distribution shall be made with equal indifferency according to their respective Merits and Abilities And that all his Majesties Subjects of this Kingdom as well Roman-Catholicks as others shall for his Majesties Service and their own security arm themselves the best they may wherein they shall have all fitting encouragement And the Places of Command Honour Profit and Trust in Civil Government in this Kingdom shall be upon passing of the Bills in these Articles mentioned in the next Parliament actually and by particular instances conferred upon his Majesties Roman-Catholick Subjects of this Kingdom and that in the distribution conferring and disposal of the places of Command Honour Profit and Trust in the Civil Government for the future no difference shall be made between the said Roman-Catholicks and others His Majesties Subjects but that such distribution shall be made with equal indifferency according to their respective merits and abilities and that in the distribution of Ministerial Offices or Places which now are or hereafter shall be void in this Kingdom equality shall be used to the Roman-Catholick Natives of this Kingdom as to other his Majesties Subjects That the Command of Forts Castles Garrisons Towns and other Places of Importance in this Kingdom shall be conferred upon His Majesties Roman-Catholick Subjects of this Kingdom upon perfection of these Articles actually and by particular instances and that in the distribution conferring and disposal of the Forts Castles Garrisons Towns and other places of Importance in this Kingdom no difference shall be made between his Majesties Roman-Catholick Subjects of this Kingdom and other his Majesties Subjects but that such distribution shall be made with equal indifferency according to their respective Merits and Abilities 9. It is further concluded accorded and agreed upon by and between the said Parties and his Majesty is further Graciously pleased that His Majesty will accept of the Yearly Rent or Annual Sum of Twelve Thousand Pounds Sterling to be applotted with indifferency and equality and consented to be paid to His Majesty his Heirs and Successors in Parliament for and in lieu of the Court of Wards in this Kingdom Tenures in Capite common Knights service and all other Tenures within the Cognizance of that Court and for and in Lieu of all Wardships primer Seisins Fines Ousterlemains Liveries Intrusions Alienations Mesne-rates Reliefs and all other Profits within the Cognizance of the said Court or Incident to the said Tenures or any of them or Fines to accrew to His Majesty by reason of the said Tenures or any of them and for and in lieu of Respites and Issues of Homage and Fines of the same And the said Yearly Rent being so Applotted and consented unto in Parliament as aforesaid then a Bill is to be agreed on in the said Parliament to be Passed as an Act for the securing of the said Yearly Rent or Annual Sum of Twelve thousand pounds to be Applotted as aforesaid and for the Extinction and taking away the said Court and other matters aforesaid in this Article contained And it is further Agreed that reasonable Compositions shall be accepted for Wardships fallen since the 23 d. of October 1641. and already granted And that no Wardships fallen or not granted or that shall fall shall be past until the Success of this Article shall appear And if His Majesty be Secured as aforesaid Then all Wardships fallen since the said 23 d. of October are to be included in the Agreement aforesaid upon Composition to be made with such as have Grants as aforesaid which composition to be made with the Grantees since the time aforesaid is to be left to indifferent Persons and the Umpirage to the said Lord Lieutenant His Majesties Commissioner 10. It is further concluded accorded and agreed by and between the said Parties and His Majesty is further graciously pleased that no Nobleman or Peer of this Realm in Parliament shall be hereafter capable of more Proxies than two and that blank Proxies shall be hereafter totally disallowed and that if such Noblemen or Peers of this Realm as have no Estates in this Kingdom do not within Five Years to begin from the conclusion of these Articles Purchase in this Kingdom as followeth viz. A Lord Baron two hundred pounds per annum a Lord Viscount four hundred pounds per annum and an Earl six hundred pounds Ster per annum shall lose their Votes in Parliament until such time as they shall afterwards acquire such Estates respectively And it is further agreed that none be admitted into the House of Commons but such as shall be Estated and Resident within this Kingdom 11. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that as for and concerning the Independency of the Parliament of Ireland on the Parliament of England His Majesty will leave both Houses of Parliament in this Kingdom to make such Declaration therein as shall be agreeable to the Laws of the Kingdom of Ireland 12. It is further Concluded Accorded and Agreed by and between the said parties and His Majesty is further graciously pleased That the Council Table shall contain it self within it's proper bounds in handling matters of State and weight fit for that place amongst which the Patents of Plantation and the Offices
whereupon those Grants are founded are to be handled as matters of State and be Heard and Determined by the Lord Lieutenant or other chief Governor or Governors for the time being and the Council publickly at the Council Board and not otherwise but Titles between Party and Party grown after these Patents granted are to be left to the ordinary course of Law and that the Council Table do not hereafter intermeddle with common business that is within the cognizance of the ordinary Courts nor with the altering of Possessions of Lands nor make nor use private Orders Hearings or References concerning any such matter nor grant any Injunction or Order for stay of any Suits in any Civil Cause and that parties Grieved for or by reason of any proceedings formerly had there may commence their Suits and prosecute the same in any of His Majesties Courts of Justice or Equity for remedy of their pretended Rights without any restraint or interruption from His Majesty or otherwise by the chief Governor or Governors and Council of this Kingdom 13. It is further Concluded Granted and Agreed by and between the said Parties and His Majesty is further graciously Pleased that as for and concerning one Statue made in this Kingdom in the Eleventh year of the Reign of Queen Elizabeth intituled An Act for staying of Wooll Flocks Tallow and other necessaries within this Realm And one other Statue made in the said Kingdom in the Twelfth year of the said Queen intituled An Act And one other Statute made in the said Kingdom in the Thirteenth year of the Reign of the said late Queen intituled An explanation of the Act made in a Session of this Parliament for staying of Wooll Flocks Tallow and other Warts and Commodities mentioned in the said Act and certain Articles added to the same Act all concerning Staple or Native Commodities of this Kingdom shall be Repealed excepting for Wooll and Wooll Fells and that such indifferent Persons as shall be Agreed on by the said Lord Lieutenant and the said Lord Viscount Mountgarret c. or any Five or more of them shall be Authorized by Commission under the great Seal to Moderate and Ascertain the Rates of Merchandize to be Exported or Importedout of or into this Kingdom as they shall think fit 14. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that care be had that the chief Governor or Governors of this Kingdom for the time being shall not continue in those Places longer than he shall find for the good of his People here and that they shall be Inhibited to make any Purchase other than by Lease for Provision of their Houses during the time of their Government 15. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that an Act of Oblivion shall be Passed in the next Parliament to extend unto all His Majesty's Subjects of this Kingdom and their Adherents of all Treasons and Offences Capital Criminal and Personal and other Offences of what Nature Kind or Quality soever in such manner as if such Treasons or Offences had never been Committed Perpetrated or Done That the said Act do extend to the Heirs Children Kindred Executors Administrators Wives Widows Dowagers and Assigns of such of the said Subjects and their Adherents who died on or since the 23 th of October 1641. That the said Act do relate to the First Day of the next Parliament That the said Act do extend to all Bodies Politick and Corporate and their respective Successors and unto all Cities Burroughs Counties Baronies Hundreds Towns Villages Tythings and every of them within this Kingdom for and concerning all and every of the said Offences or any other Offence or Offences in them or any of them committed or done by his Majesty's said Subjects or their Adherents or any of them in or since the 23 d. of October 1641. That this Act shall extend to Piracies and all other Offences committed upon the Sea by his Majesty's said Subjects or their Adherents or any of them That in this Act of Oblivion Words of Release Aquittal and Discharge be Inserted That no Person or Persons Bodies Politick or Corporate Counties Cities Burroughs Baronies Hundreds Towns Villages Tythings or any of them within this Kingdom included within the said Act be Troubled Impeached Sued Inquieted or Molested for or by reason of any Offence Matter or Thing whatsoever comprized within the said Act and the said Act shall extend to all Rents Goods and Chattels Taken Detained or grown Due to the Subjects of the one side to the other since the 23 d. of October 1641. to the Date of these Articles and also to all Customs Rents Arrears of Rents Prizes Recognizances Bonds Fines Forfeitures Penalties and to all other Profits Perquisites and Dues which were Due or did or should Accrue to his Majesty on before or since the 23 d. of October 1641. until the perfection of these Articles and likewise to all Mesne Rates Fines of what nature soever Recognizances Judgments Executions thereupon and Penalties whatsoever and to all other Profits due to His Majesty since the said 23 d. of October and before until this present for by reason or which lay within the Survey or Cognizance of the Court of Wards and also to all Respits Issues of Homage and Fines for the same provided this shall not extend to Discharge or Remit any of the Kings Debts or Subsides Due before the said 23 d. of October 1641. which were then or before Levyed or Taken by Sheriffs Commissioners Receivers or Collectors and not then or before accounted for or since disposed to Publick use of the said Roman Catholick Subjects but that such Persons may be brought to account for the same after full settlement in Parliament and not before provided that such Barbarous and inhuman Crimes as shall be particularized and agreed upon by the said Lord Lieutenant and the Lord Viscount Mountgarret c. or any Five or more of them as to the Actors and Procurers thereof be left to be Tried and Adjudged by such indifferent Commissioners as shall be agreed upon by the said Lord Lieutenant and the said Lord Viscount Mountgarret c. or any Five or more of them and that the Power of the said Commissioners shall continue only for Two Years next ensuing the Date of these present Articles Provided also that the Commissioners to be Agreed on for Tryal of the said particular Crimes to be Excepted shall Hear Order and Determine all cases of Trust where Relief may or ought in Equity to be afforded against all manner of Persons according to the Equity and Circumstances of every such Case And His Majesty's Chief Governor or Governors and other Governors and Magistrates for the time being and all His Majesty's Courts of Justice and other His Majesty's Officers of what Condition or Quality soever be Bound and Required to
take notice of and pursue the said Act of Oblivion without Pleading or Suit to be made for the same And that no Clerk or other Officers do make out or write out any manner of Writs Processes Summons or other Precepts for concerning or by reason of any Matter Cause or Thing whatsoever Released Forgiven Discharged or to be Forgiven by the said Act under pain of Twenty pound Sterling And that no Sheriff or other Officers do Execute any such Writ Process Summons or Precept and that no Record Writing or Memory do remain of any Offence or Offences Released or Forgiven or mentioned to be Forgiven by this Act And that all other causes usually inserted in Acts of General Pardon or Oblivion enlarging His Majesty's Grace and Mercy not herein particularized be inserted and comprized in the said Act when the Bill shall be drawn up with the Exceptions already expressed and none other Provided always that the said Act of oblivion shall not extend unto any Treason Felony or other Offence or Offences which shall be committed or done from or after the Date of these Articles until the First day of the before mentioned next Parliament to be held in this Kingdom Provided also that any Act or Acts which shall be done by vertue pretence or in persuance of these Articles or any of them after the Publication of the said Articles or any Act or Acts which shall be done by Vertue Colour or Pretence of the Power or Authority used or exercised by and amongst the confederate Roman Catholicks after the Date of these Articles and before the said Publication shall not be Accounted Taken Construed or be Treason Felony or other Offence to be excepted out of the said Act of Oblivion Provided likewise that the said Act of Oblivion shall not extend unto any Person or Persons that will not Obey and Submit unto the Peace Concluded and Argeed on by these Articles 16. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that an Act be Passed in the next Parliament prohibiting that neither the Lord Deputy or other Chief Governor Governors Lord Chancellor Lord High-Treasurer Vice-Treasurer Chancellor or any of the Barons of the Exchequer Privy Council or Judges of the four Courts be Farmours of His Majesty's Customs within this Kingdom 17. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that an Act of Parliament Pass in this Kingdom against Monopolies such as was Enacted in England 21. Jacobi Regis with a further clause of Repealing all Grants of Monopolies in this Kingdom and that Commissioners be Agreed upon by the said Lord Lieutenant and the Lord Viscount Mountgarret c. or any Five or more of them to set down the Rates for the Custom or Imposition to be laid on Aquavite Wine Oyl Yarn and Tobacco 18. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that such Persons asshall be Agreed on by the said Lord Lieutenant and the said Lord Viscount Mountgarret c. or any Five or more of them shall be upon conclusion of these Articles Authorized by Commission under the great Seal to Regulate the Court of Castle-Chamber and such causes as shall be brough into and censured in the said Court 19. It is further Concluded Accorded and Agreed by and between the said Parties and his Majesty is further graciously pleased that two Acts lately Passed in this Kingdom prohibiting the Plowing with Horses by the tail and the other prohibiting the burning of Oats in the Straw be Repealed 20. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that upon perfection of these Articles such course shall be taken against such who have disobeyed the Cessation and will not submit to the Peace if any shall Oppose it as shall be just and for the Peace of the Kingdom 21. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased forasmuch as upon application of Agents from this Kingdom unto His Majesty in the Fourth Year of his Reign and lately upon humble Suit made unto His Majesty by a Committee of both Houses of the Parliament of this Kingdom Order was given by His Majesty for redress of several Grievances and for so many of those as are not expressed in these Articles whereof both Houses in the next ensuing Parliament shall desire the benefit of His Majesty 's said former directions for Redresses therein that the same be afforded them yet so as for prevention of inconveniencies to His Majesties Service that the warning mentioned the 21 st Article of the Graces in the Fourth Year of His Majesties Reign be so understood that the Warning being left at the Persons dwelling Houses be held sufficient Warning and that as to the 22 d. Article of the said Graces the Process hitherto used in the Court of Wards do still continue as hitherto it hath done in that and hath been used in other English Courts but the Court of Wards being compounded for so much of the aforesaid Answer as concerns Warning and Process shall be omitted 22. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that Maritime causes may be determined in this Kingdom without driving of Merchants or others to Appeal and seek Justice elsewhere and if it shall fall out that there be cause of an Appeal the Party grieved is to Appeal to His Majesty in the Chancery of Ireland and the Sentence thereupon to be given by the Delegates to be Definitive and not to be questioned upon any further Appeal except it be in the Parliament of this Kingdom if the Parliament shall then be Sitting otherwise not This to be by Act of Parliament 23. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty out of His abundant Grace and Goodness to His Subjects of this Kingdom is graciously pleased to Assent that his said Subjects be eased of the increase of Rents lately raised on them upon the Commission of Defective Titles in the Earl of Straffords Government This to be by Act of Parliament 24. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that by Act to be Passed in the next Parliament all the arrears of Interest of Mony which did accrew or grow due by way Debt Mortgage or otherwise and yet not satisfied since the 23 d. of October 1641. until the perfection of these Articles shall be fully Forgiven and Released And that for and during the space of Three Years next ensuing no more shall be taken for Use or Interest or Mony than Five Pounds percent and in all Cases of Equity arising
through disability occasioned by the distempers of those Times the considerations of Equity to be alike unto both Parties 25. It is Concluded Accorded and Agreed by and between the said Parties and His Majesty is graciously pleased that the said Richard Lord Viscount Mountgarret c. shall be immediately upon conclusion of these Articles Authorized by Act of State to proceed in Hear Determine and Execute within the Cities corporate Towns Counties and parts of Counties now or late within the Quarters of the said confederate Catholicks the ensuing particulars and all matters thereupon depending and that the said Act of State and other the Authorities hereafter mentioned shall remain of Force without Revocation Alteration or Dimunition until Acts of Parliament be passed according to the Purport and Intent of these present Articles only in case of Death of any of the said Persons so to be Authorized the Lord Lieutenat or other Chief Governor or Governors of this Kingdom for the time being shall by the Advice and Consent of the Persons so to be Authorized then Living or any Five or more of them name others in the place of such who shall be so Dead and the Persons so to be named to be Authorized as the former and that the Persons to be Authorized as aforesaid or any Five or more of them be permitted without interruption to Applot Raise and Levy Means with Indifferency and Equality upon all His Majesties Roman Catholick Subjects of this Kingdom for the Raising Clothing and bringing to Sea-Ports and Maintaining there until they be Shipped Ten thousand Men promised by the confederate Catholicks of this Kingdom to assist His Majesty and to Levy the Arrears of all Excises and other Publick Taxes already Imposed by them and yet unpaid and to call all Receivers and other Accomptants of all former Taxes and Publick Dues to a just and strict Accompt either by themselves or by such as they or any Five or more of them shall Name and Appoint And that the said Persons to be Authorized as aforesaid or any Five or more of them shall have power to Applot Raise and Levy means with Indifferency and Equality by way of Excises otherwise in the several Cities Corporate Towns Conties and parts of Counties now within the Quarters of the said Confederate Catholicks towards the maintenance of such Army or Armies as shall be thought fit to continue and be in Pay for the defence of the Kingdom and towards the maintenace of all the Forts Castles and Garrisons within both or either of the now Quarters of either Party other than such of the said Garrisons Forts and Castles as from time to time until there be a settlement in Parliament shall be thought fit by His Majesty's chief Governor or Governors of this Kingdom for the time being by and with the Advice and Consent of the said Persons so to be Authorized or any Five or more of them not to be maintained at the charge of the Publick Provided that His Majesties Lieutenant or other chief Governors for the time being be first made acquainted with such Taxes Levies and Excises as shall be made and the manner of Levying thereof and that he approve the same and that the Persons to be Authorized as aforesaid or any Five or more of them shall be Authorized to appoint Receivers Collectors and all other Officers for such Monies as shall be so Assessed and for the Arrears of all former Applotments Taxes and other Publick Dues yet unpaid and that the Persons so to be Authorized or any Five or more of them in case of Refractoriness or Delinquency may Distrain and Imprison and cause such Delinquents to be Distrained or Imprisoned and that the profits of the Estates within the now Quarters of the confederate Catholicks of such as shall adhere to the Parliament and not submit to the Peace be accompted as Publick Dues and be converted to the maintenance of the Kings Army and that the said Persons to be Authorized as aforesaid or any Five or more of them shall have Power to Applot Raise and Levy means with Indifferency and Equality for the buying of Arms and Ammunition and for entertaining of Frigats in such proportion and manner as shall be thought fit by His Majesties Lieutenant or other chief Governor or Governors for the time being by and with the Advice and Consent of the said Richard Lord Viscount Mountgarret c. or any Five or more of them the said Arms and Ammunition to be laid up in such Magazines and under the charge of such Persons as shall be agreed by the said Lord Lieutenant and the said Persons to be authorised as aforesaid or any Five or more of them and to be issued and the said Frigats to be employed by the Lord Lieutenant or other chief Governor or Governors for the time being for the safety of the Kingdom by the advice and consent of the said Richard Lord Viscount Mountgarret c. or any Five or more of them and that the said Persons so to be authorised as aforesaid or any Five or more of them shall have power to Applot Raise and Levy Means with indifferency and equality by way of Excises or otherwise in the several Cities Corporate Towns Counties and parts of Counties now within the Quarters and upon the Estates of the said Confederate Catholicks all such Sum and Sums as shall appear unto the said Persons to be authorised as aforesaid or any Five or more of them to be really due for and in discharge of the publick ingagements of the said Confederate Catholicks incurred or grown due before the Conclusion of these Articles and that the said Persons to be authorised as aforesaid or any Five or more of them shall have power to Applot Raise and Levy Means with indifferency and equality by way of Excise or otherwise in the several Cities Corporate Towns Counties and parts of Counties now within the Quarters of the said Confederate Catholicks as well for the Persons to be authorised as aforesaid and also for such other Person and Persons as shall be imployed in publick Affairs within the several Cities Corporate Towns Counties and parts of Counties within the now Quarters of the said Confederate Catholicks from time to time until a settlement by Parliament and that the said Persons to be authorised as aforesaid or any Five or more of them make perfect Books of all such Monies as shall be Applotted Raised and Levied out of which Books they are to make several and respective Abstracts to be delivered unto their Hands or the Hands of any Five or more of them to the several and respective Collectors who shall be appointed to Levy and Receive the same and that a duplicate of the said Books under the Hands of the said Persons to be authorised as aforesaid be delivered unto his Majesties Lieutenant or other chief Governor or Govenors for the time being whereby a perfect accompt might be given 26. It is further concluded accorded and
agreed by and between the said Parties and his Majesty is graciously pleased that for the preservation of the Peace and Tranquility of the Kingdom That the said Lord Lieutenant and the said Lord Viscount Mountgarret c. or any Five or more of them shall for the present agree upon such persons who are to be authorised by Commission under the great Seal to be Commissioners of the Peace Oyer and Terminer and Goal delivery in the several Counties and parts of Counties within the now Quarters of the Confederate Catholicks with such power as Justices of the Peace Oyer and Teminer and Goal delivery in former times of Peace have usually had which is not to extend unto any Crime or Offence committed before the Fifteenth of September 1643. And to be qualified with Power to Hear and Determine all Civil Causes coming before them not exceeding Ten Pounds provided that they shall not intermeddle with Titles of Lands provided likewise the authority of such Commissioners shall not extend to question any Person or Persons for any Cattle or Goods heretofore taken by either Party from the other contrary to the Articles of Cessations but that the same shall be left to be determined in such way as by these Articles is already prescribed which Commissioners are to continue till settlement by Parliament Si tam diu se bene gesserint and if any who shall be so intrusted shall misbehave himself in the execution of such trust within that time that then such other person or persons shall be appointed in his or their place as shall be agreed on by His Majesties Chief Governour or Governors for the time being by the Advice and Consent of the said Persons so to be intrusted or any Five or more of them and the said Commissioners are to make their Estreats as accustomed in time of Peace and shall take the ensuing Oath Viz. You shall Swear that as Justice of the Peace Oyer and Terminer and Goal delivery in the Counties of A. B. C. in all Articles of the Kings Commission to you directed you shall do equal right to the Poor and to the Rich after your Cunning Wit and Power and after the Laws and Customs of the Realm and in pursuance of these Articles and you shall not be of Council of any Quarrel hanging before you and the Issues Fines and Amerciaments which shall happen to be made and all Forfeitures which shall happen before you you shall cause to be entred without any concealment or imbezeling and truly send to the Kings Exchequer You shall not let for gift or other cause but well and truly you shall do your Office of Justice of the Peace Oyer and Terminer and Gaol delivery in that behalf and that you take nothing for your Office of Justice of the Peace Oyer and Terminer and Gaol delivery to be done but of the King and Fees accustomed And you shall not direct or cause to be directed any Warrant by you to be made to the Parties but you shall direct them to the Sheriffs and Bayliffs of the said Counties respectively or other the King's Officers or Ministers or other indifferent Persons to do Execution thereof So help you God And that as well in the said Commission as in all other Commissions and Authorities to be issued in pursuance of 〈◊〉 Articles this Clause shall be inserted viz. That all 〈…〉 and Marshal shall be required to be â—iding and assisting 〈…〉 the said Commissioners and other persons to be Authoriâ—â—◠〈…〉 the execution of their respective Powers 27. It is further concluded accorded and agreed by and between the said Parties and his Majesty is further graciously pleased That none of the now Roman Catholick Party shall from henceforth untill there be a Settlement by Parliament Sue Implead or Arrest or be sued Impleaded 〈…〉 in any Court Place Judicature or Tribunal or before 〈…〉 Justice or Commissioner whatsoever other than 〈…〉 Commissioners aforesaid or in the several Corporations or other Judicatures within the now Quarters of the said Confederate Catholicks as hath or have Power derived from his Majesty 28. It is further concluded accorded and agreed by and between the said Parties and his Majesty is further graciously pleased that his Majesties Confederate Catholick Subjects do continue the possession of such of His Majesties Cities Garrisons Towns Forts and Castles which are within their now Quarters until settlement by Parliament and to be Commanded Ruled and Governed in chief by such as his Majesty or his chief Governor or Governors of this Kingdom for the time being shall Appoint and his Majesty his chief Governor or Governors of this Kingdom as aforesaid is to issue Commissions and appoint such Person and Persons as shall be named by his Majesties chief Governour of Governours for the time being by and with the Advice and Consent of the said Lord Viscount Mountgarret c. or any Five or more of them for the execution of such Command Rule or Government to continue until all the particulars in these present Articles agreed on to pass in Parliament shall be accordingly passed only in case of Death or Misbehaviour such other Person or Persons to be appointed for the said Command Rule and Government to be named and appointed in the place or places of him or them who shall so die or misbehave themselves as the chief Governor or Governors for the time being by the advice and consent of the said Lord Viscount Mountgarret and the rest of the above mentioned Parties to be authorised as aforesaid or any Five or more of them shall think fit and to be continued until settlement in Parliament as aforesaid 29. It is further concluded accorded and agreed by and between the said Parties and his Majesty is further graciously pleased that all Customs belonging to his Majesty which from the perfection of these present Articles shall fall due within this Kingdom shall be payed into his Majesties Receit and to his use any Request Clause or Demand in the Act of Oblivion or in any other former Propositions to the contrary notwithstanding Provided thet alliance very Person and Persons who are at the present intrusted within the now Quarters of the Confederate Catholicks by them the said Confederate Catholicks in the Entries Receits Collections or otherwise concerning the said Customs do continue their respective Imployments in the same until full settlement in Parliament other than as to such and so many of them as to the chief Governor or Governors for the time being by the advice and consent of the said Lord Viscount Mountgarret and the other Persons to be authorised as aforesaid or any Five or more of them shall be thought fit to be altered And then in such case or in case of Death or Misbehaviour or other alteration of any such Person or Persons such other Person or Persons to be imployed as shall be thought fit by the chief Governor or Governors for the time being by and with the advice and consent of
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
Allegiance in haec verba viz. I A. B. do hereby acknowledge profess testifie and declare in my Conscience before God and the World that our Sovereign Lord King Charles is lawful and rightful King of this Realm and of other his Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty and His Heirs and Successors and Him and them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against His or Their Crown and Dignity and do my best endeavour to disclose and make known to His Majesty His Heirs and Successors or to the Lord Deputy or other His Majesties chief Governor or Governors for the time being all Treason or Traiterous Conspiracies which I shall know or hear to be intended against His Majesty or any of Them And I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God c. Nevertheless the said Lord Lieutenant doth not hereby intend that any thing in these Concessions contained shall extend or be construed to extend to the granting of Churches ☞ Church-Livings or the exercise of Jurisdiction the authority of the said Lord Lieutenant not extending so far yet the said Lord Lieutenant is authorized to give the said Roman Catholicks full assurance as hereby the said L. Lieut. doth give unto the said Rom. Catholicks full assurance that they or any of them shall not be molested in the possession which they have at present of Churches and Church-Livings or of the exercise of their respactive Jurisdictions as they now exercise the same until such time as His Majesty upon a full consideration of the desires of the said Roman Catholicks in a Free Parliament to be held in this Kingdom shall declare his further Pleasure 2. Item It is concluded accorded and agreed upon by and between the said Parties and his Majesty is further graciously pleased that a Free Parliament shall be held in this Kingdom within six months after the Date of these Articles of Peace or as soon after as Thomas Lord Viscount Dillon of Costologh Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander Mac Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewal Baronet Jeffery Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerâ—ald Fennel Esquires or the major part of them will desire the same so that by possibility it may be held and that in the mean time and until the Articles of these Presents agreed to be passed in Parliament be accordingly passed the same shall be inviolably observed as to the matters therein contained as if they were enacted in Parliament And that in case a Parliament be not called and held in this Kingdom within two years next after the Date of these Articles of Peace then his Majesties Lord Lieutenant or other his Majesties chief Governor or Governors of this Kingdom for the time being will at the request of the said Thomas Lord Viscount Dillon c. or the major part of them call a General Assembly of the Lords and Commons of this Kingdom to attend upon the said Lord Lieutenant or other his Majesties chief Governor or Governors of this Kingdom for the time being in some convenient place for the better setling of the affairs of the Kingdom And it is further concluded accorded and agreed by and between the said parties that all matters that by these Articles are agreed upon to be passed in Parliament shall be transmitted into England according to the usual form to be passed in the said Parliament and that the said Acts so agreed upon and so to be passed shall receive no disjunction or alteration here or in England Provided that nothing shall be concluded by both or either of the said Houses of Parliament which may bring prejudice to any of his Majesties Protestant Party or their Adherents or to his Majesties Roman Catholick Subjects or their Adherents other than such things as upon this Treaty are concluded to be done or such things as may be proper for the Committee of Priviledges of either or both Houses to take cognizance of as in such cases heretofore hath been accustomed and other than such matters as his Majesty will be graciously pleased to declare his further pleasure in to be passed in Parliament for the satisfaction of his Subjects and other than such things as shall be propounded to either or both Houses by his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being during the said Parliament for the advancement of his Majesties Service and the Peace of the Kingdom which clause is to admit no construction which may trench upon the Articles of Peace or any of them and that both Houses of Parliament may consider what they shall think convenient touching the Repeal or Suspension of the Statute commonly called Poyning's Act Entituled An Act That no Parliament be holden in that Land until the Acts be certified into England 3. Item It is further concluded accorded and agreed upon by and between the said Parties and his Majesty is graciously pleased That all Acts Ordinances and Orders made by both or either Houses of Parliament to the blemish dishonour or prejudice of his Majesties Roman Catholick Subjects of this Kingdom or any of them sithence the seventh of August 1641. shall be vacated and that the same and all Exemplifications and other Acts which continue the memory of them be made void by Act to be past in the next Parliament to be held in this Kingdom and that in the mean time the said Acts or Ordinances or any of them shall be no prejudice to the said Roman Catholicks or any of them 4. Item It is also concluded and agreed upon and his Majesty is likewise graciously pleased that all indictments attainders outlawries in this Kingdom and all the processes and other proceedings thereupon and all Letters Patents Grants Leases Customs Bonds Recognizances and all Records Act or Acts Office or Offices Inquisitions and all other things depending upon or taken by reason of the said Indictments Attainders or outlawries sithence the seventh day of August 1641. in prejudice of the said Catholicks their Heires Executors Administrators or Assignes or any of them or the Widows of them or any of them shall be vacated and made void in such sort as no memory shall remain thereof to the blemish dishonour or prejudice of the said Catholicks their Heirs Executors Administrators or Assignes or any of them or the Widows of them or any of them and that to be done when the said Thomas Lord Viscount Dillon c. or the major part of them shall desire the same so that by possibility it may be done and in the mean time that no such indictments attainders outlawries processes or any other proceedings thereupon or any letters patents grants leases custodiums
bonds recognizances or any Record or acts office or offices inquisitions or any other thing depending upon or by reason of the said indictments attainders or outlawries shall in any sort prejudice the said Roman Catholicks or any of them but that they and every of them shall be forthwith upon perfection of these Articles restored to their respective possessions and hereditaments respectively provided that no man shall be questioned by reason hereof for measne rates or wastes saving wilful wastes committed after the first day of May last past 5. Item It is likewise concluded accorded and agreed and his Majesty is graciously pleased that as soon as possible may be all impediments which may hinder the said Roman Catholicks to sit or vote in the next intended Parliament or to choose or to be chosen Knights and Burgesses to sit or vote there shall be removed and that before the said Parliament 6. Item It is concluded accorded and agreed upon and his Majesty is further gratiously pleased that all debts shall remain as they were upon the 23. of October 1641. Notwithstanding any disposition made or to be made by vertue or colour of any attainder outlawry fugacy or other forfeiture and that no disposition or grant made or to be made of any such debts by vertue of any attainder outlawry fugacy or other forfeiture shall be of force and this to be passed as an act in the next Parliament 7. Item It is further concluded accorded and agreed upon and his Majesty is graciously pleased that for the securing of the Estates or reputed Estates of the Lords Knights Gentlemen and Free-holders or reputed Free holders as well of Connaght and County of Clare or Country of Thomond as of the Counties of Limerick and Tipperary the same be secured by Act of Parliament according to the intent of the 25. Article of the graces granted in the fourth year of his Majesties Reign the tenor whereof for so much as concerneth the same doth ensue in these words viz. We are graciously pleased that for the Inhabitants of Connaght and Country of Thomond and County of Clare that their several Estates shall be confirmed unto them and their Heirs against us and our Heirs and Successors by Act to be passed in the next Parliament to be holden in Ireland to the end the same may never hereafter be brought into any further question by Us or Our Heirs and Successors In which Act of Parliament so to be passed you are to take care that all tenures in capite and all Rents and Services as are now düe or which ought to be answered unto us out of the said Lands and premises by any Letters Pattents past thereof since the first year of King Henry the Eight or found by any Office taken from the said first year of King Henry the Eight until the 21. of July 1645. whereby our late dear Father or any his Predecessors actually received any profit by wardship liveries primer-seisins measne rates ousterlemains or fines of alienations without License be again reserved unto Us Our Heirs and Successors and all the rest of the premises to be holden of our Castle of Athlone by Knights service according to Our said late Fathers Letters notwithstanding any tenures in capite found for Us by Office since the 21. of July 1615. and not appearing in any such Letters Patents or Offices within which Rule his Majesty is likewise graciously pleased that the said Lands in the Counties of Limerick and Tipperarie be included but to be held by such Rents and Tenures only as they were in the fourth year of his Majesties Reign provided always that the said Lords Knights Gentlemen and Freeholders of the said Province of Connaght County of Clare and Country of Thoâ—â—â—â— and Counties of Tipperarie and Limerick shall have and enjoy the full benefit of such composition and agreement which shall be made with his most Excellent Majesty for the Court of Wards Tenures Respits and issues of Homage any clause in this Article to the contrary notwithstanding and as for the Lands within the Counties of Kilkennie and Wickloe unto which his Majesty was intituled by Offices taken or found in the time of the Earl of Straffords Government in this Kingdom his Majesty is further graciously pleased that the State thereof shall be considered in the next intended Parliament where his Majesty will assent unto that which shall be just and honourable and that the like act of Limitation of his Majesties Titles for the security of the Estates of his Subjects of this Kingdom be passed in the said Parliament as was enacted in the 21. year of his late Majesty King James his Reign in England 8. Item It is further concluded accorded and agreed upon and his Majesty is further graciously pleased that all incapacities imposed upon the Natives of this Kingdom or any of them as Natives by any Act of Parliament Provisoes in Patents or otherwise be taken away by Act to be passed in the said Parliament and that they may be enabled to erect one or more Innes of Court in or near the City of Dublin or elsewhere as shall be thought fit by his Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being and in case the said Innes of Court shall be erected before the first day of the next Parliament then the same shall be in such place as his Majesties Lord Lieutenant or other cheif Governour or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon or any seven or more of them shall think fit and that such Students Natives of this Kingdom as shall be therein may take and receive the usual degrees accustomed in any Inns of Court they taking the insuing Oath viz. I. A. B. Do hereby acknowledge profess testifie and declare in my Conscience before God and the world that our Sovereign Lord King Charles is lawful and rightful King of this Realm and of other His Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty and His Heirs and Successors and Him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever which shall be made against his or their Crown and Dignity and do my best endeavour to disclose and make known to His Majesty His Heirs and Successors or to the Lord Deputy or other His Majesties Chief Governour or Governours for the time being all Treasons or Traiterous conspiracies which I shall know or hear to be intended against His Majesty or any of them and I do make this Recognition and acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God c. And his Majesty is further graciously pleased that his Majesties Roman Catholick Subjects may erect and keep free-Schools for Education of youths in this Kingdom any Law or Statute to the contrary notwithstanding and that all
the matters assented unto in this Article be passed as Acts of Parliament in the said next Parliament 9. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that places of command honour profit and trust in his Majesties Armies in this Kingdom shall be upon perfection of these Articles actually and by particular instances conferred upon his Roman Catholick Subjects of this Kingdom and that upon the distribution conferring and disposing of the places of command honour profit and trust in his Majesties Armies in this Kingdom for the future no difference shall be made between the said Roman Catholicks and other his Majesties Subjects But that such distribution shall be made with equal indifferency according to their respective merits and abilities and that all his Majesties Subjects of this Kingdom as well Roman Catholicks as others may for his Majesties service and their own security arm themselves the best they may wherein they shall have all fitting incouragement and it is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that places of command honour profit and trust in the civil Government in this Kingdom shall be upon passing of the Bills in these Articles mentioned in the next Parliament actually and by particular instances conferred upon his Majesties Roman Catholick Subjects of this Kingdom and that in the distribution conferring and disposal of the places of command honour profit and trust in the civil Government for the future no difference shall be made between the said Roman Catholicks and other his Majesties Subjects but that such distribution shall be made with equal indifferences according to their respective merits and abilities and that in the distribution of ministerial offices or places which now are or hereafter shall be void in this Kingdom equality shall be used to the Roman Catholick Natives of this Kingdom as to others his Majesties Subjects and that the command of Forts Castles Garrisons Towns and other places of importance in this Kingdom shall be conferred upon his Majesties Roman Catholick Subjects of this Kingdom upon perfection of these Articles actually and by particular instances and that in the distribution conferring and disposal of the Forts Garrisons Towns and other places of importance in this Kingdom no difference shall be made between his Majesties Roman Catholick Subjects of this Kingdom and other his Majesties Subjects but that such distribution shall be made with equal indifferences according to their respective merits and abilities and that until full settlement in Parliament fifteen thousand foot and two thousand and five hundred Horse of the Roman Catholicks of this Kingdom shall be of the standing Army of this Kingdom And that until full settlement in Parliament as aforesaid the said Lord Lieutenant or other Chief Governour or Governours of this Kingdom for the time being and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall diminish or add unto the said number as they shall see cause from time to time 10. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that his Majesty will accept of the yearly rent or annual sum of of twelve thousand pounds sterling to be apploted with indifferencey and equality and consented to be paid to his Majesty his Heirs and Successors in Parliament for and in lieu of the Court of Wards in this Kingdom tenures in Capite Common Knights service and all other tenures within the cognizance of that Court and for and in lieu of all Wardships primer-seisins fines ousterlemains liveries intrusions alienations measne rates releases and all other profits within the cognizance of the said Court or incident to the said tenures or any of them or fines to accrew to his Majesty by reason of the said tenures or any of them and for and in lieu of respits and issues of homage and fines for the same And the said yearly rent being so applotted and consented unto in Parliament as aforesaid then a Bill is to be agreed on in the said Parliament to be passed as an Act for the securing of the said yearly Rent or annual sum of twelve thousand pounds to be applotted as aforesaid and for the extinction and taking away of the said Court and other matters aforesaid in this Article contained And it is further agreed that reasonable compositions shall be accepted for Wardships fallen since the 23 of October 1641. and already granted and that no wardships fallen and not granted or that shall fall shall be passed until the success of this Article shall appear and if his Majesty be secured as aforesaid than all Wardships fallen since the said 23 of Octob. are to be included in the agreement aforesaid upon composition to be made with such as have grants as aforesaid which composition to be made with the grantees since the time aforesaid is to be left to indifferent persons and the umpirage to the said Lord Lieutenant 11. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that no Nobleman or Peer of this Realm in Parliament shall be hereafter capable of more proxies than two and that blank proxies shall be hereafter totally dis-allowed and that if such Noble Men of Peers of this Realm as have no Estates in this Kingdom do not within five years to begin from the conclusion of these Articles purchase in this Kingdom as followeth viz. A Lord Baron 200 l. per annum a Lord Viscount 400 l. per annum and an Earl 600 l. per annum a Marquess 800 l. per annum a Duke 1000 l. per annum shall loose their Votes in Parliament until such time as they shall afterwards acquire such Estates respectively and that none be admitted in the House of Commons but such as shall be Estated and resident within this Kingdom 12. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that as for and concerning the independency of the Parliament of Ireland on the Parliament of England his Majesty will leave both houses of Parliament in this Kingdom to make Declaration therein as shall be agreeable to the Laws of the Kingdom of Ireland 13. Item It is further concluded and agreed upon by and between the said parties and his Majesty is further graciously pleased that the Council-Table shall contain it self within its proper bounds in handling matters of State and Weight fit for that place amongst which the Patents of plantation and the Offices whereupon those Grants are founded to be handled as matters of State and to be heard and determined by his Majesties Lord Lieutenant or other chief Governour or Governours for the time being and the Council publickly at the Counsel-Board and not otherwise but
Titles between party and party grown after these patents granted are to be left to the ordinary course of Law and that the Counsel-Table do not hereafter intermeddle with common business that is within the cognizance of the ordinary Courts nor with the altering of possessions of Lands nor make nor use private Orders hearings or references concerning any such matter nor grant any injunction or order for stay of any suits in any civil cause and that parties grieved for or by reason of any proceedings formerly had there may commence their suits and prosecute the same in any of his Majesties Courts of Justice or Equity for Remedy of their pretended rights without any restraint or interruption from his Majesty or otherwise by the chief Governour or Governours and Council of this Kingdom and that the proceedings in the respective Presidency Courts shall be pursuant and according to his Majesties printed Book of Instructious and that they shall contain themselves within the limits prescribed by that Book when the Kingdom shall be restored to such a degree of quietness as they be not necessarily enforced to exceed the same 14. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased That as for and concerning one Statute made in this Kingdom in the eleventh year of the Reign of Queen Elizabeth intituled led an Act for staying of Wool Flocks Tallow and other necessaries within this Realm and another Statute made in the said Kingdom in the twelfth year of the Reign of the said Queen intituled an Act c. And one other Statute made in the said Kingdom in the 13 year of the Reign of the said late Queen intituled an Exemplanation of the Act made in a Session of this Parliament for the staying of Wool Flocks Tallow and other wares and commodities mentioned in the said Act and certain Articles added to the same Act all concerning staple or native Commodities of this Kingdom shall be repealed if it shall be so thought fit in the Parliament excepting for Wool and Woolfels and that such indifferent persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon Esq c. or any seven or more of them shall be authorized by Commission under the great Seal to moderate and ascertain the rates of merchandize to be exported or imported out of or into this Kingdom as they shall think fit 15. Item It is concluded accorded and agreed by and between the said parties and his Majesty is graciously pleased that all and every person and persons within this Kingdom pretending to have suffered by Offices found of several Countries Territories Lands and Hereditaments in the Province of Ulster and other Provinces of this Kingdom in or since the first of King James his Reign or by Attainders or Forfeitures or by pretence and colour thereof since the said first year of King James or by other Acts depending on the said Offices attainders and forfeitures may petition his Majesty in Parliament for relief and redress and if after examination it shall appear to his Majesty the said persons or any of them have been injured then his Majesty will prescribe a course to repair the person or persons so suffering according to Justice and Honour 16. Item It is further concluded accorded and agreed upon by and between tht said parties and his Majesty is graciously pleased that as to the particular Cases of Maurice Lord Viscount de Rupe and Fermoy c. they may petition his Majesty in the next Parliament whereupon his Majesty will take such consideration of them as shall be just and fit 17. Item It is likewise concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased That the Citizens Free-men Burgesses and former Inhabitants of the City of Cork Towns of Youghal and Dungarven shall be forthwith upon perfection of these Articles restored to their respective possessions and estates in the said City and Towns respectively where the same extends not to the endangering of the said Garrisons in the said City and Towns In which case so many of the said Citizens and Inhabitants as shall not be admitted to the present possession of their houses within the said City and Towns shall be afforded a valuable annual Rent for the same until settlement in Parliament ☞ at which time they shall be restored to those their possessions And it is further agreed and his Majesty is graciously pleased That the said Citizens Free-men Burgesses and Inhabitants of the said City of Cork and Towns of Youghal and Dungarven respectively shall be enabled in convenient time before the next Parliament to be hold in this Kingdom to chuse and return Burgesses into the same Parliament 18. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that an Act of Oblivion be past in the next Parliament to extend to all his Majesties Subjects of this Kingdom and their Adherents of all Treasons and Offences capital criminal and personal and other Offences of what nature kind or quality soever in such manner as if those Treasons or Offences had never been committed perpertrated or done That the said Act do extend to the Heirs Children Kindred Executors Administrators Wives Widows Dowagers or Assigns of such of the said Subjects and their Adherents who died on before or since the 23d of Octob. 1641. That the said Act do relate to the first day of the next Parliament that the said Act do extend to all Bodies Politick and Corporate and their respective Successors and unto all Cities Boroughs Counties Baronies Hundreds Towns Villages Tithings and every of them within this Kingdom for and concerning all and every of the said Offences or any other Offence or Offences in them or any of them committed or done by his Majesties said Subjects or their Adherents or any of them before in or since the 23d of Octob. 1641. Provided this Act shall not extend to be construed to pardon any Offence or Offences for which any person or persons have been convicted or attainted of Record at any time before the 23d of Octob. in the year of our Lord 1641. That this Act shall extend to Piracies and all other Offences committed upon the Sea by his Majesties said Subjects or their Adherents or any of them That in this Act of Oblivion words of release acquittal and discharge be inserted that no person or persons Bodies politick or Corporate Counties Cities Burroughs Baronnies Hundreds Towns Villages Tithings or any of them within this Kingdom included within the said Act be troubled impeached sued inquieted or molested for or by reason of any offence matter or thing whatsoever comprised within the said Act and the said Act shall extend to all Rents Goods and Chattels taken detained or grown due to the Subjects of the one party from the other
since the 23d of Octob. 1641. to the date of these Articles of Peace and also to all Customs Rents Arrears of Rents Prizes Recognizances Bonds Fines Forfeitures Penalties and to all other Profits Perquisites and Dues which were due or did or should accrue to his Majesty on before or since the 23d of Octob. 1641. until the perfection of these Articles and likewise to all Measne Rates Fines of what nature soever Recognizances Judgments Executions thereupon and Penalties whatsoever and to all other Profits due to his Majesty since the said 23d of October and before until the perfection of these Articles for by reason or which lay within the survey or Cognizance of the Court of Wards and also to all Respits Issues of Homage and Fines for the same provided this shall not extend to discharge or remit any of the Kings Debts or Subsidies due before the said 23d of Octob. 1641. which were then or before levied or taken by the Sheriffs Commissioners Receivers or Collectors and not then or before accounted for or since disposed to the publick use of the said Rom. Catholick Subjects but that such persons may be brought to account for the same after full settlement in Parliament and not before unless by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them as the said L. Lieut. otherwise shall think fit Provided that such barbarous and inhumane Crimes as shall be particularized and agreed upon by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them as to the Actors and Procurers thereof be left to be tried and adjudged by such indifferent Commissioners as shall be agreed upon by the said Lord Lieutenant and the said Tho. Lord Viscount Dillon c. or any seven or more of them and that the power of the said Commissioners shall continue only for two years next ensuing the date of their Commission which Commission is to issue within six Months after the Date of these Articles Provided also that the Commissioners to be agreed on for the Trial of the said particular Crlnies to be excepted shall hear order and determine all Cases of Trust where relief may or ought in equity to be afforded against all manner of persons according to the Equity and Circumstances of every such Cases and his Majesties chief Governor or Governors and other Magistates for the time being in all his Majesties Courts of Justice and other his Majesties Officers of what condition or quality soever be bound and required to take notice of and pursue the said Act of Oblivion without pleading or suit to be made for the same and that no Clerk or other Officers do make out or write out any manner of Writs Processes Summons or other Precept for concerning or by reason of any matter cause or thing whatsoever released forgiven discharged or to be forgiven by the said act under pain of 20 l. sterling And that no Sheriff or other Officer do execute any such Writ Process Summons or Precept and that no Record Writing or Memory do remain of any Offence or Offences released or forgiven or mentioned to be forgiven by this Act and that all other clauses usually inserted in Acts of general pardon or oblivion enlarging his Majesties grace and mercy not herein particularised be inserted and comprised in the said Act when the Bill shall be drawn up with the exceptions already expressed and none other Provided always that the said Act of oblivion shall not extend to any Treason Felony or other Offence or Offences which shall be committed or done from or after the date of these Articles until the first day of the before mentioned next Parliament to be held in this Kingdom Provided also that any Act or Acts which shall be done by vertue pretence or in pursuance of these Articles of peace agreed upon or any Act or Acts which shall be done by vertue colour or pretence of the power or authority used or exercised by and amongst the Confederate Roman Catholicks after the date of the said Articles and before the said publication shall not be accounted taken or construed or to be Treason Felony or other Offence to be excepted out of the said Act of oblivion Provided likewise that the said Act of oblivion shall not extend unto any person or persons that will not obey and submit unto the peace concluded and agreed on by these Articles Provided further that the said Act of oblivion or any thing in this Article contained shall not hinder or interrupt the said Thomas Lord Viscount Dillon c. or any seven or more of them to call to an account and proceed against the Council and Congregation and the respective Supream Councels Commissioners general appointed hitherto from time to time by the Confederate Catholicks to manage their affairs or any other person or persons accomptable to an accompt for their respective receipts and disbursements since the beginning of their respective imployments under the said Confederate Catholicks or to acquit or release any arrears of Excises Customs or publick Taxes to be accounted for since the 23. of Octob. 1641. and not disposed of hitherto to the publick use but that the parties therein concerned may be called to an account for the same as aforesaid by the said Thomas Lord Viscount Dillon c. or any seven or more of them the said act or any thing therein contained to the contrary notwithstanding 19. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that an act be passed in the next Parliament prohibiting that neither the Lord Deputy or other chief Governor or Governors Lord Chancellor Lord High-Treasurer Vice-Treasurer Chancellor or any of the Barons of the Exchequer Privy-Councel or Judges of the four Courts be Farmers of his Majesties Customs within this Kingdom 20. Item It is likewise concluded accorded and agreed and his Majesty is graciously pleased that an act of Parliament pass in this Kingdom against Monopolies such as was enacted in England 21. Jacobi Regis with a further clause of repealing of all grants of Monopolies in this Kingdom and that Commissioners be agreed upon by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them to set down the rates for the Custom and Imposition to be laid on Aquavitae Wine Oile Yarn and Tobacco 21. Item It is concluded accorded and agreed and his Majesty is graciously pleased that such persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall be as soon as may be authorised by Commission under the great Seal to regulate the Court of Castle-Chamber and such Causes as shall be brought into and censured in the said Court 22. Item It is concluded accorded and agreed upon
and his Majesty is graciously pleased that two Acts lately passed in this Kingdom one prohibiting the Plowing with Horses by the Tail and the other prohibiting the burning of Oats in the Straw be repealed 23. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased for as much as upon application of Agents from this Kingdom unto his Majesty in the fourth year of his Reign and lately upon humble suit made unto his Majesty by a Committee of both Houses of the Parliament of this Kingdom order was given by his Majesty for redress of several grievances and for so many of those as are not expressed in the Articles whereof both Houses in the next ensuing Parliament shall desire the benefit of his Majesties said former directions for redress therein that the same be afforded them yet so as for prevention of inconveniences to his Majesties Service that the warning mentioned in the 24. Article of the graces in the fourth year of his Majesties Reign be so understood that the warning being left at the persons dwelling Houses be held sufficient warning and as to the 22. Article of the said graces the Process hitherto used in the Court of Wards do still continue as hitherto it hath done in that and hath been used in other English Courts but the Court of Wards being compounded for so much of the aforesaid answer as concerns warning and process shall be omitted 24. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that Maritine causes may be determined in this Kingdom without driving of Merchants or others to appeal and seek Justice elsewhere and if it shall fall out that there be cause of an appeal the party grieved is to appeal to his Majesty in the Chancery of Ireland and the sentence thereupon to be given by the deligates to be definitive and not to be questioned upon any further appeal except it be in the Parliament of this Kingdom if the Parliament shall then be sitting otherwise not this to be by Act of Parliament and until the said Parliament the Admiralty aâ—d Maritine causes shall be ordered and settled by the said Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dilion c. or any seven or more of them 25. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that his Majesties Subjects of this Kingdom be eased of all Rents and increase of Rents lately raised on the Commission of defective Titles in the Earl of Straffords Government this to be by Act of Parliament and that in the mean time the said Rents or increase of Rents shall not be written for by any process or the payment thereof in any sort procured 26. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that by Act to be passed in the next Parliament all the arrears of Interest mony which did accrue and grow due by way of debt mortagage or otherwise and yet not satisfied since the 23. of October 1641. until the perfection of these Articles shall be fully forgiven and be released and that for and during the space of three years next ensuing no more shall be taken for use or interest of mony then five pounds per centum And in cases of equity arising thro' disability occasioned by the Distempers of the times the considerations of equity to be a like unto both parties but as for mortgages contracted between his Majesties Roman Catholick Subjects and others of that party where entry hath been made by the mortgagers against Law and the condition of their mortgages and detained wrongfully by them without giving any satisfaction to the mortgages or where any such mortgagers have made profit of the lands mortgaged above country charges yet answer no rent or other consideration to the mortgagees the parties grieved respectively to be left for relief to a course of equity therein 27. Item It is further concluded accorded and agreed upon and His Majesty is further graciously pleased that immediately upon perfection of these Articles the said Thomas Lord Viscount Dillon c. shall be authorized by the said Lord Lieutenant to proceed in hear determine and execute in and throughout this Kingdom the ensuing particulars and all the matters thereupon depending and that such authority and other the authorities hereafter mentioned shall remain of force without revocation alteration or diminution until Acts of Parliament be passed according to the purport and intent of these Articles and that in case of death miscarriage disability to serve by reason of sickness or otherwise of any the said Thomas Lord Viscount Dillon c. His Majesties Lord Lieutenant or other Chief Governour or Governours of this Kingdom for the time being shall name and authorize another in the place of such as shall be so dead or shall miscarry himself or be so disabled and that the same shall be such person as shall be allowed of by the said Thomas Lord Viscount Dillon c. or any seven or more of them then living And that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to applot raise and leavy means with indifferency and equality by way of Exercise or otherwise upon all his Majesties Subjects within the said Kingdom their persons Estates and Goods towards the maintenance of such Army or Armies as shall be thought fit to continue and be in pay for his Majesties service the defence of the Kingdom and other the necessary publick charges thereof and towards the maintenance of the Forts Castles Garrisons and Towns of both or either party other than such of the said Forts Garrisons and Castles as from time to time until there shall be a settlement in Parliament shall be thought fit by his Majesties chief Governour or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them not to be maintained at the charge of the publick provided that his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being be first made acquainted with such Taxes Levies and Excises as shall be made and the manner of levying thereof and that he approve the same and to the end that such of the Protestant party as shall submit to the peace may in the several Counties where any of their Estates lieth have equality and indifferency in the Assessements and Levies that shall concern their Estates in the said several Counties It is concluded accorded and agreed upon and his Majesty is graciously pleased that in the
directions which shall issue to any such County for the applotting subdividing and levying of the said publick Assessements some of the said Protestant party shall be joyned with others of the Roman Catholick party to that purpose and for effecting that service and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to levy the arrears of all excises and other publick taxes imposed by the Confederate Roman Catholicks and yet unpaid and to call Receivers and other Accomptants of all former taxes and all publick dues to a just and strict account either by themselves or by such as they or any seven or more of them shall name or appoint and that the said Lord Lieutenant or any other chief Governour or Governours of this Kingdom for the time being shall from time to time issue Commissions to such person and persons as shall be named and appointed by the said Thomas Lord Viscount Dillon c. or any seven or more of them for letting setting and improving the Estates of all such person or persons as shall adhere to any party opposing his Majesties Authority and not submitting to the Peace and that the profits of such estates shall be converted by the said Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being to the maintenance of the Kings Army and other necessary charges until settlement by Parliament and that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to applot raise and levy means with indifferency and equality for the buying of Arms and Ammunition and for the entertaining of Frigots in such proportion as shall be thought fit by his Majesties Lord Lieutenant or other chief Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them the said Arms and Ammunition to be laid up in such Magazines and under the charge of such persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them and to be disposed of and the said Frigots to be imployed for his Majesties service and the publick use and benefit of this Kingdom of Ireland and that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to applot raise and levy means with indifferency and equality by way of Excise or otherwise in the several Cities Corporate Towns Counties and part of the Counties now within the Quarters and only upon the Estates of the said Confederate Roman Catholicks all such sum and sums of mony as shall appear to the said Thomas Lord Viscount Dillon c. or any seven or more of them to be really due for and in the discharge of the publick ingagements of the said Confederate Catholicks incurred or grown due before the conconclusion of these Artieles and that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall be authorized to appoint Receivers Collectors and all other Officers for such monies as shall be assessed taxed or applotted in pursuance of the authorities mentioned in this Article and for the Arrears of all former applotments Taxes and other publick dues yet unpaid and that the said Thomas Lord Viscount Dillon c. or any seven or more of them in case of refractoriness or delinquency may distrain and imprison and cause such Delinquents to be distrained and imprisoned And the said Thomas Lord Viscount Dillon c. or any seven or more of them make perfect books of all such monies as shall be applotted raised or levied out of which books they are to make several and respective abstracts to be delivered under their hands or the hands of any seven or more of them to the several and respective Collectors which shall be appointed to levy and receive the same And that a duplicate of the said books under the hands of the said Thomas Lord Viscount Dillon c. or any seven or more of them be delivered unto his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being whereby a perfect account may be given and that the said Thomas Lord Viscount Dillon c. or any seven or more of therâ—s shall have power to call the Councel and Congregation and the respective supream Councels and Commissioners General appointed hitherto from time to time by the said Confederate Roman Catholicks to manage their publick affairs and all other persons accountable to an account for all their Receipts and Disbursments since the beginning of their respective imployments under the Confederate Roman Catholicks 28. Item It is concluded accorded and agreed by and between the said parties and his Majesty is graciously pleased that for the preservation of the peace and tranquility of the Kingdom the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall for the present agree upon such persons who are to be authorized by Commission under the great Seal to be Commissioners of the Peace Oyer and Terminer Assises and Goal Delivery in and throughout the Kingdom to continue during pleasure with such power as Justices of the Peace Oyer and Terminer Assizes and Goal delivery in former time of Peace have usually had which is not to extend unto any crime or offence committed before the first of May last past and to be qualified with power to hear and determine all civil causes coming before them not exceeding ten pounds Provided that they shall not intermeddle with Titles of Lands provided likewise the authority of such Commissioners shall not extend to question any person or persons for any Shipping Cattle or Goods heretofore taken by either party from the other or other injuries done contrary to the Articles of Cessation concluded by and with the said Roman Catholick party in or since May last but that the same shall be determined by such indifferent persons as the Lord Lieutenant by the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them shall think fit to the end that speedy and equal Justice may be done to all parties grieved And the said Commissioners are to make their Estreats as accustomed of peace and shall take the ensuing Oath viz. You shall swear that as Justice of the Peace Oyer and Terminer Assizes and Goal delivery in the Counties of A. B. in all Articles of the Commission to you directed You shall do equal right to the Poor and to the Rich after your Cunning and Wit and Power and after the Laws and Customs of the Realm and in pursuance of these Articles and you shall not be of Councel of any quarrel hanging before you and the Issues Fines and Amercements which shall happen to be made and all
Forfeitures which shall happen before you you shall cause to be entred without any concealment or imbezling and send to the Court of Exchequer or to such other place as his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom shall appoint until there may be access unto the said Court of Exchequer You shall not let for gift or other cause but well and truly you shall do your office of Justice of the Peace Oyer and Terminer Assizes and Goal delivery in that behalf and that you take nothing for your office of Justice of the Peace Oyer and Terminer Assizes and Goal delivery to be done but of the King and Fees accustomed and you shall not direct or cause to be directed any Warrant by you to be made to the parties but you shall direct them to the Sheriffs and Bayliffs of the said Counties respectively or other the Kings Officers or Ministers or other indifferent persons to do execution thereof so help me God c. And that as well in the said Commission as in all other Commissions and Authorities to be issued in pursuance of the present Articles this clause shall be incerted viz. That all Officers Civil and Martial shall be required to be aiding and assisting and obedient unto the said Commissioners and other persons to be authorised as abovesaid in the execution of their respective powers 29. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that his Majesties Roman Catholick Subjects do continue the possession of such of his Majesties Cities Garrisons Towns Forts and Castles which are within their now Quarters until settlement by Parliament and to be commanded ruled and governed in cheif upon occasion of necessity as to the Martial and Military affairs lindx by such as his Majesty or his cheif Governour or Governors of this Kingdom for the time being shall appoint and the said appointment to be by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them and his Majesties cheif Governor or Governors is to issue Commissions accordingly to such persons as shall be so named and appointed as aforesaid for the executing of such Command Rule or Government to continue until all the particulars in these present Articles agreed on to pass in Parliament shall be accordingly passed only in case of death or misbehaviour such other person or persons to be appointed for the said Command Rule and Government to be named and appointed in the place or places of him or them who shall so dye or misbehave themselves as the cheif Governor or Governors for the time being by the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them shall think fit and to be continued until a settlement in Parliament as aforesaid 30. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that all Customs and Tenths of Prizes belonging to his Majesty which from the perfection of these Articles shall fall due within this Kingdom shall he paid unto his Majesties Receipt or until recourse may be had thereunto in the ordinary legal way unto such person or persons and in such place or places and under such Controuls as the Lord Lieutenant shall appoint to be disposed of in order to the defence and safety of the Kingdom and the defraying of other the necessary publick charges thereof for the ease of the Subjects in other their Levies Charges and Applotments And that all and every person or persons who are at present intrusted and employed by the said Roman Catholicks in the Entries Receipts Collections or otherwise concerning the said Customs and Tenths of Prizes do continue their respective employments in the same until full settlement in Parliament accountable to his Majesties Receipts or until recourse may be had thereunto as the said Lord Lieutenant shall appoint as aforesaid other than to such and so many of them as to the chief Governor or Governors for the time being by and with the advice and consent of the said Tho. Lord Viscount Dillon c. or any seven or more of them shall be thought fit to be altered and then and in such case or in case of death fraud or mis-behaviour or other alteration of any such person or persons than such other person or persons to be employed therein as shall be thought fit by the chief Governor or Governors for the time being by and with the advice and consent of the said Tho. Lord Visc Dillon c. or any seven or more of them And when it shall appear that any person or persons who shall be found faithful to his Majesty hath right to any of the Offices or Places about the said Customs whereunto he or they may not be admitted until settlement in Parliament as aforesaid that a reasonable compensation shall be afforded to such person or persons for the same 31. Item As for and concerning his Majesties Rents payable at Easter next and from thenceforth to grow due until a settlement in Parliament it is concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that the said Rents be not written for or levied until a full settlement in Parliament and in due time upon application to be made to the said Lord Lieutenant or other chief Governor or Governors of this Kingdom by the said Tho. Lord Viscount Dillon c. or any seven or more of them for remittal of those Rents the said Lord Lieutenant or any other chief Governor or Governors of this Kingdom for the time being shall intimate their desires and the reason thereof to his Majesty who upon consideration of the present condition of this Kingdom will declare his gracious pleasure therein as shall be just and honourable and satisfactory to the reasonable desires of his Subjects 32. Item It is concluded accorded and agreed by and between the said parties and his Majesty is graciously pleased that the Commissioners of Oyer and Terminer and Gaol delivery to be named as aforesaid shall have power to hear and determine all Murders Man-slaughters Rapes Stealths Burning of Houses and Corn in Rick or Stack Robberies Burglaries Forcible Entries Detainers of Possessions and other Offences committed or done and to be committed and done since the first day of May last past until the first day of the next Parliament these present Articles or any thing therein contained to the contrary notwithstanding Provided that the Authority of the said Commissioners shall not extend to question any person or persons for doing or committing any Act whatsoever before the conclusion of this Treaty by vertue or colour of any warrant or direction from those in publick Authority among the confederate Roman Catholick nor unto any Act which shall be done after the
perfecting and concluding of these Articles by vertue or pretence of any Authority which is now by these Articles agreed on Provided also that the said Commission shall not continue longer than the first day of the next Parliament 33. Item It is concluded ordered and agreed by and between the said parties and his Majesty is further graciously pleased that for the determining such differences which may arise between his Majesties Subjects within this Kingdom and the prevention of inconvenience and disquiet which through want of due remedy in several causes may happen there shall be Judicatures established in this Kingdom and that the persons to be authorized in them shall have power to do all such things as shall be proper and necessary for them to do and the said Lord Lieutenant by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them shall name the said persons so to be authorized and do all other things incident unto and necessary for the setling of the said intended Judicatures 34. Item At the instance humble suit and earnest desire of the General Assembly of the Confederate Roman Catholicks it is concluded accorded and agreed upon That the Roman Catholick Regular Clergy of this Kingdom behaving themselves conformable to these Articles of Peace shall not be molested in the possessions which at present they have of and in the Bodies Sites and Precincts of such Abbies and Monasteries belonging to any Roman Catholick within the said Kingdom until settlement by Parliament and that the said Clergy shall not be molested in the enjoying of such Pensions as hitherto since the Wars they enjoyed for their respective livelihoods from the said Roman Catholicks and the Sites and Precincts hereby intended are declared to be the Body of the Abby one Garden and Orchard to each Abby if any there be and what else is contained within the Walls Mears or ancient Fences or Ditch that doth supply the Wall thereof and no more 35. Item It is concluded accorded and agreed by and between the said parties that as to all other demands of the said Roman Catholicks for or concerning all or any the matters proposed by them not granted or assented unto in and by the foresaid Articles the said Roman Catholicks be referred to his Majesties gracious favour and further Concessions In witness whereof the said Lord Lieutenant for and on the behalf of his most excellent Majesty to the one part of these Articles remaining with the said Roman Catholicks hath put his Hand and Seal And Sir Richard Blake Knight in the Chair of the General Assembly of the said Roman Catholicks by order command and unanimous consent of the said Catholicks in full Assembly to the other part thereof remaining with the said Lord Lieutenant hath put his Hand and the publick Seal hitherto used by the said Roman Catholicks Jan. 17. 1641. and in the 24th year of the Reign of our Sovereign Lord CHARLES by the Grace of God King of Great Britain France and Ireland c. Appendix XLIV A Circular Letter from the Popish Clergy in Approbation of the Peace of 1648. SIRS AS a War undertaken principally for Religion gave us all the world over the reputation of a Catholick People even so the Peace now concluded between the Kings Lieutenant and us speak us a most Loyal Nation as complying with his Majesty in his greatest necessity though in our thoughts and occasions during these seven years Wars we have still this Loyalty and have oft publickly sworn it yet lay we under the suspicion of many men but by the present Agreement all blemish of that kind is taken away We are of opinion that our sense of this Peace would give you a confidence to receive and submit to it willingly and chearfully to which end we do hereby give you assurance we have by this Peace in the present Concessions and in the Expectations of further gracious Favours from his Majesties Goodness received a good satisfaction for the Being and Safety of Religion And the Substance thereof as to the Concessions for Religion is better than the Sound By the temporal Articles the Lives Liberties and Estates of men are provided for so as now you have a clear quarrel without thought or the least colour of suspicion for you fight purely against Sectaries and Rebels for God and Caesar and under those Banners you may well hope for Victories We do hereby pray you may with joy and much happiness wear his green Lawrel of happy Peace and so we remain Your Fathers and Servants in Christ Jesus Signed Johannes Archiepiscopus Tuamen David Ossoriens ThomasMiddens Franciscus Aladens Edwardus Limericens NicholausFernens Fa. Hugo Duacens Pat. Drumorens Andr. Finwarens Appendix XLV 13 March 1649. Remedies proposed to his Excellency for removing the Discontents and Distrusts of the People and for advancing his Majesties service presented by such of the Clergy as met at Lymerick the 8th of March 1649. and the Commissioners of Trust I. HAving joyned our selves in this meeting upon your Excellencies Summons and in compliance with your pleasure in delivering our sense how any life might be conserved in this gasping Kingdom The following considerations we thought fit to be represented to your Excellency II. It is generally thought that most of the present Distresses of the Kingdom did proceed from the want of a Privy Council as ever it was accustomed heretofore to assist the Government of this Land in War and Peace We conceive it essentially necessary that such a Council be framed of the Peers and others Natives of the Kingdom as well Spiritual and Temporal to sit with your Excellency daily and determine all weighty affairs of the Country by their Counsel The Commissioners of Trust being only instrusted for the due observation of the Articles of Peace had not the Authority of Counsellors and the affairs that intrench most upon the matters of State of the Kingdom were not their study or charge III. That there be an exact Establishment of the Forces forthwith settled and agreed on directing what numbers the Army of the Kingdom shall consist of Horse and Foot what each Province shall bear what number each Regiment Troop and Company shall consist of and laying down such Rules that no payments be made but according to the number of Forces that shall be visible and extant for service and the said establishment to be forthwith put in Execution and the said Army once established and made certain not to be multiplied or exceeded other than by solemn further establishment to be made with the consent and concurrence of the Commissioners of Trust if there be cause for it And in that Establishment a certain and sure course to be taken that all the Forces have the same assurance and the like equality of payment for all the Army And in that Establishment all preventions possible to be set down for avoiding the burthening of the People with thorough-fare
perfect Obedience and immediately be put under a Military Government for Military Matters and thereby into a Condition of Defence and Offence Which to conceal from the People were towards them as great a Treachery as it would be in Us a vain Rashness without such Obedience first gained to attempt the opposing the Strength and power of the Rebels And therefore We must and do declare that as the particular Refractoriness of the City of Waterford hath more than any other humane means contributed to all the Successes of the Rebels in those parts since Our being at Waterford And as the want of a strong Garrison in Limerick which we long since desired might be received there but could not prevail hath been the greatest visible means whereby the said Rebels have with small or no Resistance gained or destroyed the County of Limerick and other parts adjacent So the entire Loss of the Kingdom to his Majesty and the Destruction of the Nation which We have no hope to prevent but by strongly and presently garrisoning and fortifying the said City must be imputed to the Obstinacy of that City if it shall persist therein and to whosoever encourages or contrives with them therein As to these Distrusts and Jealousies of the People occasioned as you say for want of Success in Services the Sense of their Sufferings and their Apprehensions for want of Redress of their Grievances we answer That both the Want of Success and the Sense of their Sufferings whether from the Enemy or the Souldier cannot be so reasonably attributed to any human Cause as to the want of garrisoning the Army in principal Towns and Cities wherein we cannot yet prevail ☞ nor ever could till by the Enemies lying at one end of a Town we were not without articling and conditioning permitted to put such Men as We could then get in at the other end For for want of garrisoning the Army and by being forced to quarter it at large it was not possible to have them exercised their Arms kept in Order nor they under necessary Discipline which when they were to be brought together rendred them worse than so many new-raised Men by how much they had contracted a licentious Liberty and Habit of Rapine and Disobedience Nor could we prevent the Fraud in Musters or reasonably exact a strict Accompt from Officers of Men so scattered who when they should be employed upon Service were forced or pretending a Necessity wherein We could not disprove them to range the Country to get in the means that should enable them to serve As to their Apprehension for want of Redress to their Grievances We understand not what Grievances are thereby meant unless those delivered unto Us by the Arch-Bishop of Tuam on the first of April For other Grievances though We long expected and desired them We never 〈◊〉 save 〈…〉 on the 13th of March at Limerick which for the 〈…〉 and other misbecoming Passages contained in it was as â—uch disavowed by the Clergy then met And to those given Us on the first of April We return herewith such Answers as considering the Generality of them is possible for Us to give We have already with the Advice of the Commissioners and as We believe with the Approbation of such of the Bishops as were present appointed the Earl of Castle-Haven to command the Forces in Leinster And in Munster with 〈…〉 We have employed Colonel David Roch to command for a necessary Expedition besides there always is upon the Place one general Officer that will readily receive and employ any that shall be prevailed with to take Arms as is promised And in case We find fitting Obedience and Reception from the City of Limerick We shall in Person be ready to receive and conduct the Forces in the said Province In Vlster We have in Pursuance to the Agreement made with that Province given Commission to the Bishop of Clâ—gher and in Connaught the Lord Marquess of Clanrickard commands the Army We know no use to which any Money raised upon the People hath been employed but to the Maintenance of the Forces if you do We shall desire to be therein informed to the end that any past Misapplication thereof may be examined and punished and the like prevented in future To conlude We seriously recommend to your Consideration the ways of procuring such Obedience to his Majesty and his Authority in the general and particularly from the City of Limerick as may enable and encourage Us with Honour and Hope of Success according to Our Desire to use Our utmost Industry and encounter all Hazards for the Defence of this Kingdom and Nation against the Tyranny that will certainly be exercised upon them and the unsupportable Slavery they will be subject unto if the Rebels prevail And so We bid you heartily farewel from Loghreogh May 1. 1650. Your very loving Friend ORMOND Since the Writing hereof We have received a Message by a Committee and delivered by our very good Lord the Lord Viscount Taaffe whereunto We cannot return unto you other answer than what is contained in this Letter till We shall receive your Resolution thereupon which we desire may be with Expedition For the Arch-Bishops Nobility Bishops the Commissioners authorized by Us in Pursuance of the Articles of Peace and others assembled at Loghreogh Append. XLVII The Commissions to the Bishop of Fernes and Hugh Rochfort NOS Commissarii Deputati a Congregatione Cleri totius Regni Hiberniae habita in oppido James-town die sexto Augusti anno Salutis 1650. cum Authoritate Potestate ejusdem Congregationis ad tractanda disponenda expedienda agenda quaecunque negotia spectantia conducentia ad Catholicae hoc in Regno Religionis Regiorum Jurium hujus Nationis Conservationem prout constat ex Commissione Congregationis super hac data undecimo ejusdem Augusti 1650 reponentes especialem ac certam Fiduciam Confidentiam in Prudentia Fidelitate ac Integritate dilectorum nobis Illustrissimi Reverendissimi D. Nicoali Fâ—rensh Episcopi Fernensis Comitis Assistentis sacrae Capellae Pontificiae D. Hugonis de Rupe forti alias Rochford Armigeri constituimus nominavimus authorizavimus prout hisce constituimus nominamus authorizamus Procuratores nostros dictos Dominos Nicolaum Hugonem quemlibet illorum junctim seperatim nostro Catholicorum hujus Regni nomine ad proponendum agendum perficiendum ac conveniendum cum quovis Catholico Principe Statu Republica Persona aut Personis quodcunque negotium aut rem quae dictis Reverendissimo D. Nicolao D. Hugoni Procuratoribus nostris aut cuivis illorum junctim ac seperatim videbitur seu judicabitur necessaria expediens aut conducens ad Catholicae inter nos Religionis Regis Nationis Conservationem hisce promittimus spondemus ac in nos suscipimus nostro Catholicorum Regni nomine quod testificabimur approbabimus confirmabimus praestabimus quemcunque actum pactum aut
now absent upon the said deplorable Condition of this Kingdom brought unto the last ebb that may be imagined and after sad and serious Consultations had of the desperate Affairs thereof seeing no other human way possible to put some Life into this sad gasping Kingdom but by our Counsels Co-operation and Industry as is the common Sense of all our Folks who look upon us as their only Sanctuary and Relief against the Dangers hovering on them menacing no less than the total Ruin of our Nation judging our selves thereunto obliged by the Laws of God and Nature and by our Pastoral Charge and in pursuance of an OATH solemnly taken by all the Prelates ☜ Noblemen and Gentlemen that were of the Grand Committee upon concluding the Peace in case of not performing the Articles thereof to continue the Association and Union of the Confederate Catholicks and to do all Acts preservative of the same by virtue of which Oath the Prelates so sworn are authorized and bound to renew and maintain the said Union and Association therefore we have endeavoured to apply to those extream Maladies the best Salves and Remedies to us now appearing and consequently therefore issued our Declaration Yet fearing as God forbid that any irrational perverse or misled Person might give any Rubs and Disobedience to our said Declaration we have unanimously consented and assented to draw out and unsheath the most fearful Sword of Excommunication as we do by these Presents against all such wicked Imps of Satan in manner and form as followeth BY virtue of the Power given us by our Saviour Jesus Christ and by his holy Catholick Roman Church and See Apostolick as Pastors and Fathers of your Souls having first invoked the Grace of the Holy Spirit of God and having his Fear before our Eyes so that we aim at nothing but his Honour and Glory the Exaltation of his true Faith and the preservation of his forlorn Kingdom with his Majesty's Interest therein after mature Deliberation and sitting together we have and do by these Presents Anathematize and Excomunicate with the Major Excommunication ipso facto to be incurred without expecting any further Sentence And we do hereby separate from the Body and Communication of the Faithful and deliver unto the Power of Satan any Person or Persons of what Quality or Preheminence soever that will presume by Words Writing force of Arms privately or publickly by themselves or others to oppose or disobey our present Declaration or any part thereof We do likewise Excommunicate as above all the Advisers Relievers Abetters and Furtherers of those that will directly or indirectly infringe violate or countervene our present Sentence or Declaration Furthermore We do Excommunicate and Anathematize all our Unnatural Patriots and others of our Flocks that will adhere to the Common Enemy of God King and Country or will any ways help assist abet or favour them by bearing Arms for or with them or otherwise contributing to them without urgent Necessity Further in pursuance of our said Declaration We do Excommunicate as above all those that will side and adhere to the Lord Marquess of Ormond against our said Declaration by bearing Arms for him ☞ or his Party by giving him any Subsidy Contribution Monies or Intelligence or in any way strengthning securing advising or helping him or obeying his Commands against us or our right Intentions herein We do likewise suspend respectively ab officio beneficio voce activa passiva gratiis indultis privilegiis quibuscunque all and singular Ecclesiastical Persons Dignitaries Pastors Priests Chaplains either of the Army or private Families Regular and Secular and all other Ecclesiastical Persons whatsoever that will give Counsel or Advice against hinderance or opposition to our said Sentence or Declaration And for further strengthning of these our Act and Acts Sentence and Result we do hereby reserve the Absolution from the aboveâ—Excommunication and Censures to our Selves or to others that will be particularly authorized by us Finally We command respectively as aforesaid sub iisdem Penis Censuris all our under-Pastors Parish-Priests Religious Convents and other Communalties that inter missarum Solemnia or in publick Places and Sermons they publish this our present Declaration and Sentence of Excommunication and Suspension when and wheresoever they will be required so to do Given at James-Town under our Hand Aug. 12. 1650. Signed by H. Armacan and all the rest before-mentioned And we the under-named sitting at Galloway with the Commissioners authorized by the Congregation held at James-Town Sexto Augusti currentis do concur with the above-Sentence of Excommunication and Censures and withal do now make and firm the same as an Act of our own by our several Subscriptions Aug. 23. 1650. Thomas Cashell Jo. Laonen Episcopus Edmun. Limericen Rob. Corgan Cluan Fr. Terent. Immolacen Jac. Fallonus Vic. ApostolicusAcaden Fr. Petrus Tiernanus Proc. Ministri Provincialis Fratrum Minorum The Marquess of Ormond's Answer to the Declaration and Excommunication of the Popish Prelats at James-Town sent to the Assembly at Loghreagh the second day of October 1650. THAT in the Title of their Declaration they assume unto themselves a Power to declare against the continuance of his Majesty's Authority where he hath placed it needs no further Proof than the reading of it But whence they derive their Pretence to this Power we find not any where expressed nor by whom they are constituted Judges of the Misgovernment of the People the ill Conduct of his Majesty's Army or of the Violation of the Articles of Peace For the misgovernment of the People and ill Conduct of his Majesty's Army we acknowledg no earthly competent Judg of Us but his Majesty and the established Laws And for the violation of the Articles of Peace by the Consent even of all those Bishops unless there be gotten amongst them some that opposed the Peace and joined with those that assisted the English Rebels as long as they could give them hire the Trust of looking to the observance of the Articles of Peace was reposed by the General Assembly with whom the Peace was concluded in Thomas Lord Viscount Dillon and the rest of the Commissioners of Trust as appears by the said Articles Whereby we suppose it is clear that as the Bishops have arrogated to themselves an Unwarranted Power to declare against the continuance of his Majesty's Authority where he hath placed it and to be our Judges in the Government of the People and Conduct of the Army wherein we doubt whether their Skill be answerable to their desire to try it so have they as unwarrantably taken upon them to judg what is or is not a Violation of the Articles of Peace And in all they have endeavoured to invade and usurp both upon King and People bereaving the one of Royalty and the other of Freedom Now supposing they were the Monarchs they would be let the Grounds of their Excommunication set forth in all that we have seen
during the want of Judicatures every Man's Power would have been his Judg in his own Cause What the Presidency or President have done irregularly or contrary to the Articles of Peace they shall be brought to answer when they or he shall be particularly charged That Inns of Court have not been erected according to the Articles of Peace Posterity may tell us as loud as they please but if they have Schools to learn English enough to read the Articles of Peace they will find that his Majesty was only to enable the Natives of this Kingdom to erect one or more Inns of Court in or near the City of Dublin or elsewhere as should be thought fit by his Majesty's Lord-Lieutenant or other chief Governour or Governours for the time being Whereby by the scope of the Article which is for removing of Incapacities it is plain the said Inns of Court were not to be erected at his Majesty's Charge And sure no Man will have the impudence to say that We who had the honour to govern under his Majesty did give the least interruption to the erecting of them or that it was ever proposed to Us to give way to the erection of the said Inns. Whereof We confess there was never more need if their Property be to instruct the People in their Duty of Obedience and Government with this addition That to charge Us with want of doing Justice without instancing the particular Cases wherein We failed thereby taking from Us the means to vindicate our Self from so high a Crime is suitable to the Justice and Practices of these Declarers In the Fifth Article The Answer to the 5th Article We are again charged in general with disheartning Adventurers Undertakers and Owners and no Man named but Capt. Antonio nor the particular wherein he was disheartned set down We are further charged with reversing of Judgments legally given and definitively concluded before Our coming to Authority but no particular Judgment so reversed is or indeed can be instanced So that all We can answer to this part is That it is not true And for what remains We say That We placed the Power of the Admiralty in this Kingdom according to the Assemblies Instance and from time to time gave Commissions to such Persons as the Commissioners desired in several Parts to hear and determine Maritime Causes And as to the Sixth Article The Answer to the 6th Article is the same with the Answer to the first of the Grievances We must refer you to our Answer to the First Article of the pretended Grievances which was as followeth First We deny that they if thereby be meant the Roman-Catholick Clergy were not suffered to enjoy the Churches and Church-Livings which at the time of perfecting the Articles of Peace they possessed or that by the Articles of Peace they ought to possess And as to the Instances made in the Margent the Composers of this Article do very well know that their Possession of those Churches and Church-Livings were statly denied by the Protestant-Clergy And it is very well known to the Commissioners who followed that Business with diligence and earnestness enough that We never refused nor delayed to afford them any just means of bringing that Controversy to a final End till at length by Treachery and the Rebels Power the things controverted were lost to both Parties Nor was there any Complaint made unto Us since the conclusion of the Peace till now that the Romish Prelates or Pastors or any of them have been hindred from exercising their respective Jurisdictions and Functions amongst their Flocks except one Complaint made of the Governour of Dungarvan wherein we were ready to have given Redress upon hearing all Parties as should have been found fit if the said Complaint had been prosecuted We know of no Grant made by his Majesty of any Bishoprick whatsoever since the conclusion of the Peace nor can we find any Article of the Peace that restrains his Majesty from making such Grants so the Roman-Catholick Bishops be not thereby dispossessed of what they were possessed of upon conclusion of the Peace until his Majesty declare his Pleasure in a Free Parliament in this Kingdom And whatever his Majesty might intend to declare the making of Protestant Bishops could be no anticipation thereof to the Prejudice of the Roman-Catholicks since Bishops are held essentially necessary to the Exercise of the Religion of the Church of England And as to the Seventh Article We Answer The Answer to the 7th Article That it was conceived by the Ministers herein mentioned that where they had possession of the Church-Livings the Obventions here mentioned were also due to them But whether it were or not sure we are there was never any Complaint made to Us in this Particular till our coming to Tecroghan after the loss of Drogheda and that within a very little time after before the Truth of the Allegation could be examined the Towns of Munster revolted and the Business was so decided at least if any Difference of this kind continued in the County of Kerry which was longer held We never after Our being at Tecroghan heard of it that We remember To the 8th Article The Answer to the 8th Article we answer That no Complaint of any such Slavery imposed by the Lord President or Presidency was made to Us but on the contrary upon his Lordship's instance We directed our Letters to him to swear and admit of the Council of that Province the Lord Viscount Roch of Fermoy the Lord Viscount Muskery Major General Patrick Purcel Lieut. Col. Gerard Fitz-Morrice and others all which were written unto by the Lord President to come to him to be sworn accordingly whereof the Lord Muskry Major General Partick Pureell and Lieut. Col. Fitz-Morrice were sworn but the rest not coming according to the Letters could not be sworn For the improvidence of the Conduct of the Army The Answer to the 9th Article We shall only answer That it was as provident as We had means and skill to conduct it and for the Misfortune We ascribe that to the good Pleasure and Justice of God But how far forth the Disaster at Rathmines was shameful beyond any thing that ever hapned in Christianity as they express themselves We refer you to the Relation of what We have said upon that Subject in our Answer thereunto in what concerns the same in the pretended Grievances and to the Testimony of divers now there that were upon the place with us Concerning the Defeat at Rathmines This was in answer to the Grievances it is as with all Misfortunes of that Nature in War every Man at his pleasure making himself Judg of the Causes of them and many times without looking into or having knowledg of the true Condition of the beaten Party deliver their Judgments upon mistaken Grounds and for the most part are guided by their Passions either of Envy or Self-conceit of their own Abilities to judg
superciliously or malitiously of those Actions whereunto they are willing Strangers And this being a Disadvantage whereunto all Commanders have been and ever will be subject we have no Reason to expect an Exemption from it and might therefore pass by this Grievance reserving Our self for an Account of Our Actions till it were required from Us by him to whom only in this Case We are obliged to render one But such is our desire to satisfy those that are faithful to the Cause We have laboured in and may have been stumbled at that Chance of War that We shall give them the Reason and Grounds of Our Undertaking and of the supposed Omission recited in what remains of these Grievances And first it is necessary it should be understood that a little before the time of that Defeat the Condition of Affairs in this Kingdom stood thus The Provinces of Leinster Munster and Connaught were entirely reduced to his Majesty's Obedience except the City of Dublin and Balishannon which were block'd up with a small Number of our Men. But in Vlster the Rebels by the Assistance of Owen O-Neil and the Interruption given to the Lord Viscount Mountgomery by the Scotish Clergy had raised the Seige of London-Derry and were become Masters of the Field About the same time also We had certain Intelligence that Cromwel with a very strong Army a vast Sum of Money and great plenty of all Provisions was ready ship'd for this Kingdom And it was from good Hands intimated unto Us that he purposed his Descent in Munster and that he had Intelligence with some Governour of the Sea-ports there Hereupon it was taken into Consideration at a Council of War whether the blocking up of Dublin should be continued or whether We should not retire from thence to Drogheda Trym and the Garisons adjacent and prepare our selves for securing Munster and making a defensive or offensive War as occasion should afterwards be offered And of this Opinion We were the rather because it was there also concluded that the Lord President of Munster with a good Party of our best Horse should go into Munster to secure it and that the very Day we rose from Finglass and marched to Rathmines Reynolds landed with 600 Horse and 1500 Foot Hereunto it was strongly objected That if We sent away Our heavy Cannon which we proposed should be done the more to facilitate an orderly Retreat the People would despair of the taking of Dublin that they would accompt all that was done as good as nothing unless that City were reduced That they would not consider that the City was to be reduced by distressing it by blocking up which might have securely been done the way We proposed but taking the Matter to be given over and consequently despairing of the Ease they expected by the total Reduction of the Kingdom would grow more and more backward in their Contribution and perhaps be seduced to a Conjunction with Owen O-Neil and a Rejection of the Peace and his Majesty's Authority thereby established over them which even then We found was though under-hand privately and under other Pretences aimed at by some that since have taken the Advantage of the time to declare themselves without Disguise It was also objected that unless Dublin were reduced before Cromwel's Landing with the Force and Treasure we were sure he had in Readiness at the Water-side that it was to be feared he would be able to corrupt many of the English which considering the Treasure he brought with him and the want We were in might as reasonably be apprehended as that Owen O-Neil and his Party should have become Mercenary to Sir Charles Coot Perswaded by these Arguments delivered by the whole Council of War We were resolved to continue before Dublin and to endeavour to approach near unto it to the end to take from them within the Conveniency of grazing betwixt Our Camp and their Works which if it had been effected their Horses being 1200 must in three days have starved and then the Benefit of the Sea would have been with much ease taken from them which would so much have discouraged all their Souldiers that it was probable they would in a few Days more have forced their Officers to a Treaty and Surrender of the City It was then conceived that Baggatrath was the fittest Place to be fortified But before We gave Order for it We sent the Earl of Castle-haven General Preston Sir Arthur Ashton and Major General Purcel to view it who returned unto Us approving the Place as in all Respects fit for our Purpose We then gave the Major General Order to command thither in the beginning of the Night 1500 Foot with Materials to fortify which was the Number advised to be sent by those Persons that had seen it In the Morning at Day-break we went thither and finding the Work not advanced to Our Expectation found fault therewith The Major General told Us That he was so misguided from the Camp thither which was not an English Mile that he came not to the Place till an Hour before Day Yet such was the natural Strength of the Place that being helped with a few Hours Work We conceived it might very well be made good against any Attempt of the Enemy But the better to secure it We put the whole Army in Arms and appointed it to be drawn down near Baggatrath shewing every General Officer where his Charge was and appointing the drawing down some Cannon to an Eminency of Ground commanding the same and some of the Fields leading from Dublin thither And then having been up all Night partly in writing of Dispatches and to be in the better Readiness in case the Enemy upon discovering Our Men marching should sally We retired to take a little Rest which was about nine of the Clock About ten We wakened with the Noise of Shot and before we could get on Horseback Our 1500 Men were beaten out of Baggatrath and soon after was Sir William Vaughan kill'd and the Horse with him routed Whereupon all those in the left Wing except Our Brothers and Colonel Miles Reyly's Regiments ran away without once facing the Enemy and as was alledged which we have not heard disproved against their Officers uttermost Endeavour In short The Rebels gained Field after Field till they came up to the Ordnance and thence into the Rear of Us standing in a Field with a Party of Foot commanded by Colonel Gifford who gave very good Fire upon them for a while but upon Discovery of another Party of the Rebels marching up to their Front some called for Quarter others threw down their Arms and some continued Shooting Then We quitted the Field and endeavoured but in vain several times to rally the Horse These are the Grounds for continuing the blocking up Dublin and this is briefly as much of the manner of the Defeat as We were Witness of and can readily call to mind That his Majesty's Army on that side the River attempted by
others had so often and so solemnly made to Us of giving Us and procuring for Us all possible Compliance and Obedience the Result whereof appears in their Declaration Yet it is very well known that when-ever the Enemy drew towards the Shannon-side We drew together all the Men We could to the defence of the Passages which otherwise the Enemy had gained And whatever our Play and Merriment was We had certainly as great cause to grieve at the loss of a Kingdom to his Majesty as these Declarers who have not carried themselves so towards him as to expect a greater proportion of his Favour than We. In Answer to the 13th Article The Answer to the 13th Article We say that Drogheda was put into the Hands and Trust of Sir Arthur Ashton a Roman-Catholick and that of the Souldiers and Officers of that Garison the greater part were of that Religion That for Trym it was governed by Mr. Daniel O-Neil who though a Protestant was yet a Native of this Kingdom and one that had manifested great Affection to the Nation That the greater part of the Officers and Souldiers with him were Roman-Catholicks and that the Lord Viscount Dillon a Roman Catholick had Command over the said Daniel O-Neil For Dundalk it is known that Place was given up through the good Affection to his Majesty of divers Officers and Souldiers rather than forced by Siege or otherwise with some of whom We conceived it fit to leave the Charge thereof What Actions or Expressions of Ours they were that disheartned the Roman-Catholicks to fight or be under our Command is not here set down So that We can no otherwise answer to this than that We never did any such Action or let fall any such Expression but were indifferent in our Actions and Expressions of Civility and Respect to all the Officers of the Army What these Catholicks and many Thousands of the People with the Commissioners of Trust or the greater part of them might fear if We had mastered the Kingdom We are not to answer for But if they feared We would in case We had mastered the Kingdom have infringed any of the Articles of Peace their Fear was unjust and groundless nor have We ever before heard there was such a Fear in them To the 14th Article The Answer to the 14th Article We answer That they have in Truth no reason to speak of any particular Corruptions and Abuses in this Article generally mentioned that which they instance in Secretary Lane's having a Custodium of Kilbeggan being so false that he never had any thing to do with it If they had a true Instance We suppose they would not have spared to make use of it What Daniel O-Neil had they set not down nor till they do are We able to answer it If these pretended Grievances whereof most are disproved The Answer to the 15th Article and some confessed and proved to be no Breaches of the Peace were delivered to the Commissioners of Trust in February last We never saw them till September after the meeting at James-Town in August last And if hereby be meant that Paper of pretended Grievances without Title or Subscription whereunto We have sent you Our Answers We never saw them till the 17th of August last The Conclusion of their Declaration is a general Recapitulation of the Miseries and Desolation fallen upon the Kingdom and People in tragical and passionate Expressions Answer to the Conclusion endeavouring to infuse into them a belief that all those Afflictions are through Our means fallen upon them whereas We suppose We have made it evident That next to the good Pleasure of God to chastise the Nation the Reason thereof may most reasonably be attributed to the Sedition Disloyalty Pride Covetousness and Ambition to Rule of these Declarers whom We challenge to instance whom We have born down that would have fought for them or whom cherished or advanced that would or did betray them And where they say that some are inclining to submit to those they call the Parliament perswading themselves that there can be no safety under Our Government attended by Fate and Disaster as they express themselves more like Heathen-Poets than Christian-Bishops and Church-men it is known to some there that to Our certain knowledg divers Persons and Places of consideration would have submitted to the Enemy if We had gone rather than live under the Tyranny and Confusion of the Government projected by these by these Declares which was the principal Reason of Our stay as will We fear be too evidently verified when We are gone unless that Assembly prevent it by more prudent temperate and solid Determinations than these Men are capable of giving or receiving Next they say that for Prevention of those Evils and that the Kingdom should not be utterly lost to his Majesty and his Catholick Subjects they found themselves bound in Conscience to declare against the Continuance of his Majesty's Authority in Us and accordingly in their own Name and in the Name of the rest of the Catholicks of the Kingdom they do declare against the Continuance of his Majesty's Authority in Us having by Our Misgovernment and ill Conduct of the Army and Breach of Publick Faith rendred our Self uncapable of continuing that great Trust any longer To which We answer ☜ That to prevent the Loss of the Kingdom to his Majesty they take the Kingdom to themselves and without so much as making any Address to him or pretending to have received any Direction or Commission from him they declare to the People that they are no longer obliged to obey any Orders or Commands of the Person by Commission authorized from Him but until a General assembly may conveniently be called or until upon application to his Majesty he settle the same elsewhere to observe the form of Government the said Congregation shall prescribe Whereby is to be observed that as they take it upon them when they please and in the highest Temporal Affairs in the World to declare the Sense of the People without their Consent a thing that We have never read or heard was ever till now pretended to by King Pope or Clergy so they evidently assume the Power of dissolving and erecting the Temporal Government of the Kingdom And this they say they found themselves bound in Conscience to do Which being a pretence inscrutable and at all times readily to be taken up can only be answered by the Laws of the Land the will not allow the Excuse of Conscience for taking a Purse on the Highway or to come home to this Matter for Acts of High-Treason For the Clause viz. or until upon application to his Majesty he settle the same elsewhere it is inserted with purpose to abuse the People with a belief of their Loyalty ☜ when they have first incited them to Rebellion Touching the Complaint they say they will make against Us to his Majesty it should in Reason and Justice have
Lord of Antrim might pass freely earnestly desiring him to undertake the Work but he the Lord of Antrim refused saying He would not go if Ormond would not go also yet was the Lord of Antrim by the pressing Solicitation of Colonel Barry aforesaid perswaded to send some one from himself to the King for intimating what was resolved for his Service and signifying the already disbanding those 8000 Men raised in Ireland by the Earl of Strafford This Dispatch was sent by Captain Digby Constable of the Castle of Dunluce in the North of Ireland belonging to the Lord of Antrim with those Dispatches the said Digby did overtake the King at York he being then on his way to Scotland and from York was Digby returned back to him the Lord of Antrim by the King signifying his Pleasure That all possible Endeavours should be used for getting again together those 8000 Men so disbanded and that an Army should immediately be raised in Ireland that should declare for him against the Parliament of England and to do what was therein necessary and convenient for his Service Upon receiving this the King's Pleasure by Captain Digby he the Lord of Antrim imparted the Design to the Lord of Gormonstown and to the Lord of Slane and after to many others in Lienster and after going into Vlster he communicated the same to many there but the Fools such was his Lordship's Expression to us well liking the Business would not expect our time or manner for ordering the Work but fell upon it without us and sooner and otherwise than we should have done taking to themselves and in their own way the managing of the Work and so spoiled it It being by us demanded of his Lordship how he intended it should be managed He answered That the Castle of Dublin being then to be surprized if the Lords Justices should oppose the Design the Parliament then sitting should declare for the King against the Parliament of England and that the whole Kingdom should be raised for the King's Service and that if the Lords Justices would not join in the Work they should be secured and all others who would or might oppose them should be also secured Which Discourse was freely made by his Lordship without any Caution given us therein of Secrecy yet was it demanded by us Whether his Lordship would give us leave to have the same signified to his Excellency the Lord Lieutenant of Ireland and to the Lord President of Munster His Lordship answered That he gave us free liberty so to do which his Lordship's Discourse we have for our better Remembrance reduced to Writing and testified the same under our Hands to be as aforesaid Signed Henry Clogher Henry Owen Having seen and read this Paper containing the Particulars of a Conference between Me and the Lord of Clogher and Colonel Reynolds and between me and the said Lord of Clogher and Mr. Henry Owen I do hereby acknowledg it to be the same in Substance with what passed excepting where it is said that Captain Digby was by the late King returned with a Dispatch to Me whereas the Dispatch was sent to me from the King by one William Hamerstone and whereas it is said that the said late King appointed that the Army with us to be continued and raised in Ireland should be employed against the Parliament it is to be intended if occasion should be for so doing And I do hereby aver the Truth of all so delivered with the other Corrections and Qualifications thereunto added Witness my Hand this August the 22d 1650. ANTRIM Observations on the Marquess of Antrim's Information FIrst it expresly clears the King from giving any Commission for the Irish Rebellion nor is there any thing in it that can charge his Majesty with the least Thought or Intention that his Protestant Subjects in Ireland should be either plundered or murdered nevertheless when an unthinking Reader finds that the Castle of Dublin was to be surpriz'd he runs away with the Notion that the Irish Conspiracy was pursuant to that Order and the King was in the bottom of that barbarous Rebellion and this perhaps was one design of this Information but the chief end of it was to abuse the World with a Belief that the King was not necessitated to a War with the Parliament by any thing then newly happened in 1642. but that he had projected it long before and had made this Preparation to put it in Execution Secondly This Information cannot be true but either Antrim deceived the World or Burk imposed upon him for besides that Ormond and Antrim was unfit to be joyned in a Commission as well because there were never any good Understanding between them as also because they were of different Religions and Interests how much more obvious and easy less scandalous and more effectual would it have been for the King to have made Ormond Lord-Deputy than to order him to surprize the Castle and the Lords Justices Moreover these 12000 additional Men could not have been raised without Noise and Time nor kept without Money nor Armed at all for there were not 12000 Arms in the Store 23 Octob. and yet 8000 of them were the Arms of the disbanded Men which they were to keep on Foot But it is yet more strange that before any Breach with the Parliament and whilst Matters tended to an Accommodation more hopefully than in some Months before the King should by such a rash and imprudent Action administer such cause of Jealousy to the Parliament at so unseasonable a time whilst he was absent in Scotland as would certainly put the Kingdom of England in a Flame and lose his Majesty the Hearts and Hands of more English Cavaliers than he could gain of Irish-Men But to put this matter out of doubt the King long before he went to York which was in the middle of August knew the Irish Army would be disbanded and therefore consented to license four Regiments to be levied out of them for the Service of the King of Spain as appears by the following Letter copied from the Original ORMOND I Have taken this Occasion by the recommending the Son of one of my faithful Servants to assure you that I very much esteem You and that I do but seek an Occasion to shew it you by more than Words as I commanded the Vice-Treasurer to tell you more fully and in particular concerning the blew Riband of which you may be confident only I desire you not to take notice of it until I shall think it fit The Particular for this Bearer George Porter is to permit him to make up a Regiment of the disbanded Army if he can do it by Perswasion to carry them out of the Country for the King of Spain's Service this is all So I rest Whitehall the 19th of June 1641. Your assured Friend CHARLES R. Moreover how much the King was surprized with the Irish Rebellion will also appear in his Letter to the Marquess of Ormond whom