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A71150 A true copie of the sentence of warre pronounced against Sir Francis Annesley, Knight, and Baron Mountnorris, in the realme of Ireland, in the castle chamber at Dublin in Ireland, the 12 of December 1635 together with His Lordships petition against Thomas, Earle of Strafford, exhibited into the honourable assembly of the Commons House of Parliament the seventh of November, 1640.; Sentence of warre pronounced against Sir Francis Annesley, Knight and Baron Mountnorris, in the realme of Ireland ... the 12 of December 1635 Ireland. Army. Council.; Valentia, Francis Annesley, Viscount, 1585-1660. Humble petition of Sir Francis Annesley, Knight and Baron Mountnorris, in the realme of Ireland. 1641 (1641) Wing T2665; ESTC R15241 7,854 20

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Whereupon the Lord Mount-norris then publikely and in a scornefull contemptuous manner answered perhaps it was done in revenge of that publike affront which my Lord Deputy had done him formerly but he has a Brother that would not take such a revenge which charge being so layd the Lord Mount-norris was required by this Councell of warre to make answer therunto who going about to answer it and yet neither confessing nor denying them This Councell after some time spent therein required him to answer the said charge either negatively or affirmatively yet would not confesse or deny them whereupon the witnesses vouched for proofe thereof were called namely our very good Lord the Lord Viscount M●ore and Sir Robert Loftus Knight sonne and heire to our very good Lord the Lord Chancellor persons who though they were not the originall relators of his Lordships said discourse to us the Lord Deputy yet being present when the said words were so spoken were conceived to be able to give testimony therein And therefore were called to be interrogated withall thereupon who being examined before this Councell upon oath ministred unto them by the Clarke of the Councell before us by commandement of us the Lord Deputy and their dispositions then reduced to writing and subscribed by them in our presence and in the presence also of the said Lord Mount-norris who heard them affirme the same It thereby appeareth that the said Lord Mount-norris uttered and spoke the said words in manner and former and at the time and place aforesaid The charge layd against him standing then fully proved The said Lord Mount-norris at last submitted himselfe to the judgement of this Councell protesting that what interpretation soever his words might have put upon them hee intended no prejudice or hurt to the person of us the Deputy and Generall affirming that by these words but hee hath a Brother that would not take such is revenge his Lordship meant onely that the said Brother would dye before hee would give us the Deputy and Generall occasion to give him such a Rebuke Wee fell in the next place to consider as of the nature of the offence so of the punishment due thereunto And first for this nature of the offence wee conceive it to containe first a calumny against the person of us the Deputy and Generall of the Army insinuating by these words the pub-like affront or the disgrace which my Lord Deputy had done him formerly that indeed there had beene such an affront or disgrace put upon him by us the Lord Deputy whereas in truth it was nothing so but that which was pretended by the Lord Mount-norris to have beene the said disgrace or affront to his kinsman was this That his said kinsman being one of the horse troope commanded by us the Lord Deputy in the time of exercising the said troope was out of order on horse-backe to the disturbance of the rest then in exercising for which wee the Lord Deputy in a mild manner reproving him as soone as wee turned aside from him we observed him to laugh and geere us for our just reproofe of him which wee disliking returned to him and laying a small Cane which wee then carried on his shoulders yet without any blow or stroake then given him therewith told him that if he did serve us so any more we would lay him over the pate the truth of which fact appeared unto us by the relation of His Majesties said Deputy and our Generall avowed and confirmed by two of us the Captaines namely the Lord Kirkudbright and Sir Frederick Hamilton Knight who then saw the manner of it and now sate as members of this Councell which said Act was by this whole Councell adjudged to have beene a farre milder proceeding with the said Annesley then such an Insolence and disobedience to any Commander much more to his Generall merited and therefore it was a speech savoring doubtlesse of malice to insinuate that as an affront or disgrace which was indeed a justly merited but mild and modest reprehension and admonition Secondly we conceive the offence to containe an incitement to a revenge in these words but bee has a brother that would not take such a revenge Which incitement might have given encouragement to that Brother being then and now in this Kingdome and Lieutenant of the said Lord Mount-norris his foot Company to the said Annesley himselfe being continually so neare the person of us the Deputy and Generall or to some other to have taken up resolutions of dangerous consequences and the manner of speaking the words doe so farre aggravate them as there is no place left for any indulgent construction to be made of them nor indeed any construction but such as renders the speaker a delinquent in a high and transcendent manner against the person of his Generall and his Majesties authority whence wee derive our power This Councell also tooke it into consideration that if the like words had beene spoken of the sacred person of our dread Soveraigne Lord the King they had amounted to little lesse then high treason which by some rule of relation apply themselves even to his Majesty being directed to the person of his Deputy and the revenge thus insolently vaunted to have beene taken upon him being done when we the Deputy and Generall had that great and high Honour which we alwayes esteeme our selfe in our selfe farre unworthy of as to bee apparelled and robed with his Majesties owne Robe of Majesty and Soveraignty We consideted likewise the time when these words were spoken when part of the Army was in motion and when there were divers Companies of foot and troops of horse in towne and daily in exercising and training whereat for the most part wee the Deputy were present and the towne full of people from all parts of the Kingdome as then unreturned back to their owne dwellings from their sitting in Parliament In the next place for the punishment due to his offence we judge it to be an apparant breach and contempt of the one and fortieth Article of the printed lawes and orders of warre established for the good conduct of the service of Ireland dated the thirteenth of March 1633. and published in print by us the Lord Deputie soone after our accesse to this Government in these words of the said Articles No man shall give any disgracefull words or commit any Act to the disgrace of any person in his Army or Garrison or any part thereof upon paine of imprisonment publike disarming and banishment from the Army as men for ever dis-abled to carry Armes And which is more in like breach and contempt of the thirteenth Article of the said printed Lawes and orders of warre the words of which Article are these No man shall offer any violence or contemptuously disobey his Commander or doe any Act or speake any words which are like to breed any mutinie in the Army or Garrison or impeach the obeying of the generall or principall Officers directions upon paine of death which Articles are no other then the very same Articles this Army had alwaies beene governed by in the time of the late Lord Faulkland Lord Wilmot and other the Generalls before them And therefore this Councell of Warre in conformitie to his Majesties gracious pleasure signisied as afore-said and us well to vindicate the honour of Vs his Majesties Deputy and Generall of his Army from the wrong and contempt under which wee now suffer to the scandall of this Government and to the ill example of others as also to deliver over to all which beare Office or are lifted as members of the Army under the rule and government of us his Generall an example of Iustice for them to take warning by how they presume to offend against the authority intrusted with us by his Majestie doe hereby adjudge order and decree that the said Lord Mount-norris stands justly and deservedly lyable to undergoe the censures paines and punishments by the said fortie one and thirteenth Articles provided against the breakers of all good Discipline and the transgressors against those orders which are by the said forrie one Article Imprisonment publike disarming and banishment from the Army as a man for ever disabled to carry Armes and by the said thirteenth Article death And therefore according to the said Articles this Councell do unanimously with one joynt consent not one of us being of other opinion adjudge the said Lord Mount-norris for his said high and great offences to be imprisoned to stand from henceforth deprived of all the places with the Intertainments due thereunto which he holds now in the Army to be disarmed to be banished the Army and dis-inabled for ever bearing office therein hereafter And lastly to be shot to death or to lose his head at the pleasure of the Generall Given at his Majesties Castle of Dublin the twelfth day of December 1635. Valentia Tho. Cromwell R. Ranelagh R. Dillon Lau. Esmond Kirkud Bright Io. Borlase Cha. Coote Tho Weinman Ar. Tiringham Ar. Blundell Faith Fortescue Ro. Farrer Io. Borlase Tho. Roper FINIS