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
Superstition that the Irish Priests who are the most ignorant Clerks in the World could lead these Noblemen by the Nose into the greatest Folly Ingratitude and Disloyalty that ever was known so that henceforward we must expect to find these English Lords in open Rebellion with the Irish against the Crown of England The victorious Malby encamped that night by the Abby of Monaster Neva and after two or three days removed to Rakele and encamped there a Party of the Earl of Desmond's came confidently within a Mile of the Camp but were well beaten for their pains and some that were taken Prisoners discovered many of Desmond's Designs and that he had been in the Field ever since the Battel of Monaster Neva but they needed not to be so nice in their Examinations for that very Night put the Matter out of doubt and Desmond and his Brother did personally assault the English Camp but came off as they used to do with Loss and Disgrace however the Marshal thought it necessary to remove to Askeaton having first setled a Garrison at Rakeal and he performed what he designed although the Enemy did frequently skirmish with him in his March and then having notice of the Deputy's Death he placed Sir William Stanly and Captain Carew at Adare and sent the rest of the Army to other Garrisons Hereupon the Rebels insulted at a great Rate bragging that they would take all the Garrisons and Sir John of Desmond with four hundred Foot and fifty Horse actually besieg'd Adare so that the Garrison durst not peep abroad till their victuals failed them and then Necessity whetted their Courage and made their Swords as sharp as their Stomachs so that Sir John was forced to retire The English had but one small Cot which would hold about eight Men and by help of it an hundred and twenty Men of the Garrison of Adare were wafted over the River Hooker 162 into the Knight of the Glinns Country and being unexpected there they did great Execution but they staid so long that the Knight of the Glin and Sir John Desmond had got together thirty Horse and four hundred Foot some Irish and some Spaniards and overtook them and entertain'd a brisk Skirmish for about eight hours nevertheless the English made good their Retreat without any considerable Loss and killed about fifty of the Enemy Sir William Pelham Lord Justice was chosen by the Council 1579. and sworn in Christ-Church Dublin on the eleventh of October and immediately he Knighted the Lord Chancelor Gerard and youg Edward Fitton After Dinner Cambd. Eliz. 239. the Council sate and directed Letters to all the considerable Irishmen to confirm them in their Loyalty particularly to Pheagh Mac Hugh Sir Hugh O Reily Sir Hugh Macguire Turlogh Lynogh c. and they also appointed the Earl of Ormond to be Governor of Munster and Sir Warham Saint-Leger to be Provost Marshal thereof and ordered Desmond's Son to be conveyed to the Castle of Dublin to be safely kept The Lord Justice having dispatched the Chancellor to England to inform her Majesty how Matters stood in Ireland and having committed the Care of the North-Borders to the Earl of Kildare marched into Munster taking with him the three Bands lately brought from Berwick by the Captains Walter Case and Pikeman he came to Kilkenny the nineteenth of October and kept Sessions two Days and sate in Person insomuch that Edmond Mac Neil and other notable Traytors were then executed and he also reconciled the Earl of Ormond and the Lord of Upper Ossory At Cashel the Earl of Ormond came to him with two hundred and thirty Men and hence his Excellency sent Letters to the Earl of Desmond to repair to him that he might reconcile him and Sir Nicholas Malby thence he went to Limerick where he was well received and the Mayor Presented him with a thousand Armed Citizens here also he was met by Malby and the Army and the next day he went to a Village called Fannings where he gave Orders for a General Hosting or Rising out and thither came the Countess of Desmond with Letters from her Husband Hereupon the Earl of Ormond was sent to expostulate with Desmond upon sundry Articles whereto he returned a trifling Answer on the the thirtieth of October complaining of old Injuries c. Wherefore other Letters were sent from Crome where the Lord Justice then was but to no purpose for though Desmond protested Loyalty yet he would not come to the Camp nay he was known to act rebelliously even while he was writing his Protestation for the Lord Justice being removed to Rakeal was allarm'd by some Rebels whereof four being killed one was found to be Desmond's Butler and himself was not far off wherefore he was Proclaimed Traytor in the Camp the second day of November 1579. unless he should surrender himself in twenty days and immediately the Army proceeded to destroy his Country with Fire and Sword And it must not be omitted that the Lords of Gormanstown and Delvin who were of the Council and attended the Lord Justice in this Expedition were so tainted and corrupted with Popery that they refused to sign the Proclamation against Desmond for which they were afterwards severely reprimanded by a Letter from the Lords of the Council in England On the third of November the Lord Justice removed to Puble O Bryan and Mustered the Army and so leaving two hundred and fifty Horse and eight Ensigns of Foot with the Earl of Ormond he returned to Limerick The Earl of Desmond thought to divert the Army from farther prosecution in Conilogh by making an Incursion into Imokilly and being there at the request of the Seneschal of Imokilly he attack'd Youghal and finding small resistance he easily took and afterwards plundered that Town whereupon the Earl of Ormond sent Captain White and a Company of Soldiers in a Ship from Waterford and they valiantly entred into the Town by the Water-gate but being over-powered by the numerous Forces of the Seneschal's White and most of his Men were slain and the rest with great difficulty escaped to their Ship Hereupon Desmond grew so insolent November 20. 1579. that he wrote an arrogant Letter to the Lord Justice importing that he and his Brethren were entred into the Defence of the Catholick Faith under the Protection of the Pope and the King of Spain and advised the Lord Justice to joyn with him and nine days after he wrote Circular Letters to such of the Lords and Gentlemen of Leinster as he thought to be rebelliously inclined the Form of which Letters may be seen in the following Letter which he sent to Pheagh Mac Hugh MY well beloved Friend I commend me to you It is so that I and my Brother are entred into the Defence of the Catholick Faith and the overthrow of our Country by English Men which had overthrown the Holy Church and go about to over-run our Country and make it their own and to make us
Boyle Esq Countess of Barrymore Lady Digby Lady Goring Countess of Kildare Lady Ranelagh Lady Loftus Countess of Warwick Posterity he had to leave his Estate unto who enjoyed it until their Interests were buried under the sad Ruins that now cover that poor Country By some of whom or some other proper to preserve the Memory of so worthy and useful a Person I hope he may be afforded as he deserved a History by Himself and therefore I shall say no more of him here These Lords Justices surrendred the Swor'd toâ the Earl of Strafford who being well known to the World to be a Man of whom a Prince might rather be afraid than ashamed I shall only add this of him That he very much improved Ireland both in Revenue and Value during his Government and that he did heartily dedesign the Advancement of the English Interest and Religâon in that Kingdom does sufficiently appear to me by the Care he took of the Protestant Church which for the most part he supplied with a Learned Pâous and Orthodox Clergy and by the Malice and Hatred the Irish generally âore him As for the Lord Dillon afterwards Earl of Roscomon and Sir Christopher Wandesford we need say no more but that they were Loyal Men true to their King and âust to their Friend the Earl of Strafford by whose Directions and Sentiments they Govern'd the Kingdom The next that had the Title tho' not the actual Possession of the Government was the Noble Earl of Leicester and happy had it been for that Kingdom if he had gone over in time For altho' the Lords Justices Persons and Burlace were very worthy Men and did not deserve such Reproaches as the Irish aspersed them with yet the Government is not so strong nor so vigorous in Two Hands as in One especially unless they can be perfectly of One Mind in every Thing which these Two were not And so we are come to the Vespers of a Bloody Scene being that of a great Rebellion And as it was Unnatural in many Regards so particularly in this That altho' the Queen was a Roman Catholick and very zealous in Her Way and partially indulgent to all that were of It the Irish could even then be Disloyal and afflict Her Indulgent Husband while He was otherwise distrest But as Her Popery had no manner of Effect at a Time when there was some Reason or Motive that it might have done Good so in most other Cases it proved very detrimental and weâ pray leave to trace it to the Original since it deserves some particular Remark France was hardly Match enough for Spain when King James meditated a Spanish Wife for His most excellent Son And the more formidable this Power then appeared unto Him the more intent He was on it being governed by Fear and too obsequiously humour'd therein by His next Governor the Duke of Buckingham His Favourite The First Instance of Spanish Authority in our Court may be that of Gondamour their Embassador who was able to bring Sir Walter Raleigh to the Block Surely it was a Case of the First Impression that a Man should suffer for acting by the Commission of his own Prince But because this was so incongruous and harsh they rake into an old Fault which in the Opinion of all Men was extinguish'd by his new Commission For who was ever made a General and intrusted with the Lives of other Men who was not understood at the same time to be Master of his own But the Second and more unfortunate Step was what we noted in His Treaty and Designation of a Lady of a different Religion for the Prince He had not done this in His own Case and there wanted in all Europe an Instance where any Roman Catholick Sovereign admitted of a Protestant for His Consort In this I reckon the Partition-wall was undermined and it was a Day of unhappy Counsel to the Prosperity of England But the Case having been decided by the Father and the same Favourite succeeding to the Son 't is probable the main Question never came so much as in Debate For King Charles coming then to the Crown and having resented the ill Treatment he found in Spain he presently took in with the alternate Power and Married a Daughter of France This was a Lady who had Wit and Beauty and the King being a Man of strict Vertue proved an indulgent Husband But He was often troubled with Her busie and intriguing Temper and the ill Company She brought with Her from France so that being at length scandalized at their Insolence and their tampering in Matters of Religion he dismist them into their own Country and War thereupon immediately ensued with the French King However thus it came to pass that Popery got Footing in our Court and tho' it were bounded and chained down by Articles yet when those who were to obey thought it Merit to transgress 't is possible this Serpent might creep sometimes out of its Circle and give occasion to Censures that were just Yet was it a Work of Time and there needed many other angry Conjunctures in Government before the Discontented could venture as afterwards to asperse and involve the whole Court in the Calumnies of Popery And as the World hath since had leisure to see why these Outcries were extended and what Ruins were thereby brought about so have they been convinc'd that most of those who were blasted in that Contagion have stood firm Pillars of the Church and above all the King Himself who died an insuperable Martyr for it However as to the Queen whether it were by Fatality or a mistaken Zeal surely the Event hath shewn that all Her intermedling in Affairs did but afflict the Cause of that Pious King Her restless Mind was like the Worm in the Gourd which tho' much restrain'd while He was alive yet since hath it eaten to the Root in a fatal perverting of His Offspring and laying the Foundations of their present Calamity But my Province being limited to Things of Ireland I shall only from the Topick which is touch'd observe That the greatest Obstacle and Contradictions that arose in Reclaiming the Irish and bringing them or the Forces that fought against them to His Majesty's Assistance was by those Two Emissaries that Her Majesty employed Sir Kenelm Digby in 1644. to Rome and the Earl of Glamorgan in 1645. into Ireland For both of these moving in different Measures from the Marquis of Ormond who was Lord Lieuteuant he was infinitely perplex'd thereby in his Treaty with the Irish they still pressing for more than he had either Instructions or Inclinations to allow them And when at last he compass'd a Treaty with them in 1646. it was presently broken and shamefully overthrown as in the following Story will be manifest The Truth is they needed but little Countenance of pretended Authority when the Fundamental Doctrines of their Church or at least the Documents of their Clergy led them from the Beginning unto all
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 nâhil se contra ãâã 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 Pâison and a * * Earl of Roscomân 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 verbaâim 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
Orrery Charles Earl of Montrath were appointed Lords Justices And the Lord Chancellor and Earl of Montrath were sworn on the 31 st day of December 1660. as the Earl of Orrery also was on the 17 th of January following Their Instructions were very short and to this effect 1. To read their Commission and Swear those Named for Privy-Councellors 2. To appoint Sheriffs and Justices of Peace by Advice of the Council and to Open the Courts of Justice 3. To promote Peace and Quietness as well in the Army as elsewhere and to hinder any Prejudice to His Majesty 4. To do what they could to encrease the Revenue and advance the Publick Service 5. To prepare such Bills as shall be thought by them and the Council to be for the good of the People and to transmit them to England pursuant to Poyning's Law in order to a Parliament 6. To reduce the King's Concessions to the Commissioners of the General Convention of Ireland into Bills to Pass next Parliament 7. To send over Names of fit Commissioners to Execute His Majesties Declaration for the Settlement of that Kingdom Lastly To cause the Oaths of Allegiance and Supremacy to be taken by all His Majesties Leige-Subjects of that Kingdom and to proceed according to Law against those that refuse And on the 27 th of January 1660. Dr. Michael Boyle now Lord Primate of all Ireland and Eleven others were Consecrated Bishops in St. Patrick's Church in Dublin with great Ceremony and Formality which I the rather mention because so numerous an Ordination of Bishops in one Day hath rarely if ever been heard of either before or since On the 8 th of May a Parliament was Summoned and Dr. Bramhall Arch-Bishop of Armagh was Speaker of the House of Lords as Sir Audley Mervin was of the House of Commons This Parliament as a Testimony of their Gratitude and Affection to the Duke of Ormond did present his Grace with a Gift of 30000 l. and when the Lords-Justices and Council understood that His Majesty on the 4 th of October 1661. had appointed the Duke of Ormond to be Lord Lieutenant of Ireland they ordered all publick Expressions of Joy to be made in Dublin upon that happy Occasion On January the 14 th 1661. the Lord Chancellor and Earl of Orrery were Sworn Lords Justices on the Death of the Earl of Montrath which happened the 18 th of October And on the 30 th of April 1662 they Published an Indulgence to Dissenters and continued in the Government until the 28 th of July 1662. at which time James Duke of Ormond was sworn Lord Lieutenant But the Session of Parliament begun the 17 th of April and on the 15 th of September the Bill of Settlement passed into an Act in the Parliament of Ireland by which Act and the rest of the Statutes passed that Parliament the King received more profit than all his Predecessors ever got out of that Kingdom This Bill had been exposed to the View and Scrutiny of the Irish and their Council for six Months together and altho they do so very confidently Clamour that they were never heard yet all that they could say was heard and debated even with Favour to them they had Agents there to whom they allowed three Pence per Acre for that purpose and every word in the Bill was Expung'd to which they had any just Exceptionl and at length the matter was determined by the King and Council and the following Order was made At the COURT at WHITE-HALL The 14th of March 1661. Present The Kings Most Excellent Majesty His R. H. the Duke of York Lord Chancellor Lord Privy-Seal Lord Duke of Ormond Lord Marquiss of Dorchester Lord Chamberlin Earl of Northumberland Earl of Norwich Earl of St. Alban Earl of Anglesey Earl of Carlisle Lord Seymore Lord Hatton Lord Holles Lord Ashley Mr. Trear Mr. Comptroller Mr. Vice-Chamberlain Mr. Secretary Nicholas Mr. Secretary Morrice THis day Mr. Sollicitor General making Report to His Majesty in Council from the Committee of this Board for the Affairs of Ireland upon Consideration of several Papers presented to the Board by Sir Nicholas Pluncket in the behalf of some of the Roman Catholicks of Ireland concerned in His Majesties Declaration according to an Order of the 12 th of this Instant That after the Committee had debated the said Papers the Commissioners from the Council and the Parliament of Ireland were called in and heard and presented to the Committee several Papers See them Appendix 40. viz. Instructions given by the Supreme Council and others of the Lords Spiritual and Temporal and the Commons of the Confederate Catholicks of Ireland to be observed by the Bp. of Fearnes and Nicholas Plunket Esq in the Court of Rome bearing date the 18 th of January 1647. and a Draught of Instructions to France and Spain and a Copy of the Excommunication Published at James-Town and that all the said Papers being read and the said Commissioners being withdrawn and the Committee then calling in the said Sir Nicholas Plunket and asking him whether the Signature of the Instructions to Rome by Command of the General Assembly were his Hand-writing and whether the Draught of the Instructions to France and Spain were his Writing also He acknowledged in the Presence of the Committee that they were and that hereupon it was the humble Opinion of the Committe that the Bill for the Common Settlement of that Kingdom should not be retarded but proceeded upon with all possible Expedition It was upon consideration of the said Report Ordered that in regard the said Romish Catholicks have been already several times fully heard at this Board as to the said Bill of Settlement no more Petitions or further Addresses be required or admitted from them for obstructing the same but the engrossing thereof be proceeded upon without any further delay according as the same is already prepà red and also that Mr. Sollicitor General do send all the Provisoes already allowed of by the said Committee to be likewise Engrossed And it is further Ordered That the Clerk of the Council attending do not only signify His Majesties Pleasure unto the said Sir Nicholas Pluncket that he do for bear coming into or appearing in His Majesties Presence or Court but also give Notice of this Order to the Committees imployed from the said Council and Parliament to be by them transmitted into Ireland Copia Vera Edw. Walker The Act of Settlement thus past there was a Court of Claims erected to adjudge Qualifications of Innocency and Nocency The Period for this Purpose was in Favour of the Nominees who were to attend till Innocents were first restored and by consent of the Irish Agents appointed by the Kings Declaration to be the 2 d of May 1661. but the Irish Parliament enlarged the time to the first of August 1662. and afterwards prolong'd it father to the 22 d of July 1663. And so the Commissioners viz. Sir Richard Rainsford Sir Thomas Beverly
compared with the Certificates here Also prevent the abuse in Coyning Vending annd Vttering small Moneys 14thly Endeavour to bring all to a Conformity in the Religion by Law Established and acquaint us with what difficulties you meet with therein 15thly Inspect our Forts Castles Magazines and Stores and endeavour to make Salt-Petre 16thly We are informed That small Profit hath heretofore come to our Exchequer by Castle-Chamber Fines tho Misdemeanors proper for punishment in that Court were many we would therefore have you look into the reasons thereof and to resettle and uphold the Honour and Jurisdiction of that Court for the repressing exorbitant Offences wherein our Learned Council are to do their Duty faithfully 17thly The Vice-Treasurer or his Deputy to receive all Money 18thly Reduce the Moneys there to the condition of Sterling and establish a Mint there 19thly Finding some Propositions of the Duke of Ormond recorded in the Register of Council-Causes 1662. fit to be observed we have renewed them with reference to your Government therefore observe them Lastly Several Popish Clergy since the return of the Duke of Ormond hither have exerââed their Jurisdictions to the great grief of the Remonstrants If so execute the Laws against the Titular Archbishops Bishops and Vicar-Generals that have threatned or excommunicated the Remonstrants and that you protect such Remonstrants as have not withdrawn their Subscriptions These were the publick Instructions but the Administration of the Government seem'd to have another Foundation for now the Mystery of Iniquity began to appear and the Papists were publickly countenanc'd and indulg'd in Ireland many of them got into the Commission of the Peace and it was attempted also to bring them into the Army but Matters not running so smoothly as the Lord Lieutenant expected he returned to England for new Instructions and left the Government in the Hands of the Lord Chancellor and Sir Arthur Forbus Lords Justices who were Sworn on the 12 th of June and continued in that Office until his Excellency's return which was on the 23 d day of September 1671. In the mean time on the 21 st of February 1670. Collonel Richard Talbot Petitioned His Majesty in the behalf of His most distressed Subjects of Ireland who were outed of their Estates by the late Vsurped Powers which Petition was referr'd to a Committe of the Council to Examine and Report and a State of their Case was given to the Committee in Writing Whereupon on the 28 th of January the Kings Solicitor attended the Committe at the Council-Chamber His Majesty being present and there the Petition and Talbot's Commission from the Irish the State of their Case and the Paper of Instances were read On the 1 st of February the King being present Sir George Lane was call'd in and the first Instance being the Case of Mr. Hore was objected against him but Sir George baffled the Petitioners in that Matter and having prov'd an Agreement with Mr. Hore which His Majesty was pleased to say He remembred That Affair was clear'd to the satisfaction of the King and the Committee much contrary to the Expectation of the Petitioners who perhaps had prevail'd with the King to be there that he might be an Ear-witness of the Wrong that was done them But the King being weary of such Debates did on the 4 th of February in Council appoint the Lords Buckingham Anglesy Hollis and Ashley and Secretary Trevor or any three of them to be a Committee to Peruse and Revise all the Papers and Writings concerning the Settlement of Ireland from the first to the last and to take an Abstract of the State thereof in Writing And accordingly on the 12 th of June 1671. they made their Report at large which was the Foundation of a Commission dated the 1 st of August 1671. under the great Seal to Prince Rupert the Dukes of Buckingham and Lauderdale Earl of Anglesy Lords Ashley and Hollis Sir John Trevor and Sir Thomas Chichly to Inspect the Settlement of Ireland and all Proceedings from first to last in Order thereunto And this was followed by another Commission of the 17 th of January 1672. to Prince Rupert Earl of Shaftsbury the Lord Treasurer Clifford and others amongst whom the Dukes of Ormond was one to inspect the Affairs of Ireland viz. the Acts of Settlement and Explanation and the Execution of them and the disposing of Forfeited Lands and the State of His Majesties Revenue c. But how specious soever the Pretences were for these Commissions the secret Design was to unravel the Settlement and to humble the Duke of Ormond upon whom they always fell when the Popish Interest prevailed for otherwise the pretended Grievances if they had been really true were few and small and it were much better for the publick That even greater Irregularities than were complain'd of should remain unremedied than that the great and common Security of the Nation should be shaken And of this Opinion was the Parliament of England who always concern'd themselves effectually for the English Interest and the Protestant Religion in Ireland and accordingly on the 9th day of March 1673 they Address'd to His Majesty as followeth And this Address occasion'd that the aforesaid Commission of Inspection was Superseded on the 2d of July 1673. WE Your Majesties most Loyal Subjects the Commons in this Present Parliament Assembled taking into Consideration the great Calamities which have formerly befallen Your Majesties Subjects of the Kingdom of Ireland from the Popish Recausants there who for the most part are profest Enemies to the Protestant Religion and the English Interest and how they make use of Your Majesties Gracious Disposition and Clemency are at this time grown more Insolent and Presumptuous than formerly to the apparent Danger of that Kingdom and Your Majesties Protestant Subjects there the consequence whereof may likewise prove very fatal to this Your Majesties Kingdom of England if not timely prevented And having seriously weighed what Remedies may be most properly applied to those growing Distempers do in all Humility present Your Majesty with these our Petitions 1. That for the Establishment and Quieting the possessions of Your Majesties Subjects in that Kingdom Your Majesty would be pleased to maintain the Act of Settlement and Explanatory Act thereupon and to recall the Commission of Enquiry into Irish Affairs bearing date the 17 th of January last as containing many new and extraordinary Powers not only to the Prejudice of particular Persons whose Estates and Titles are thereby made liable to be questioned but in a manner to the overthrow of the Acts of Settlement and if pursued may be the occasion of great Charge and Attendance to many of Your Subjects in Ireland and shake the Peace and Security of the whole 2. That Your Majesty would give order that no Papist be either continued or hereafter admitted to be Judges Justices of the Peace Sheriffs Coroners or Mayors Sovereigns or Portreeves in that Kingdom 3. That the Titular Popish Archbishops
even this was sent to the Lord Lieutenant and His Majesties Directions were prayed therein and the like was done by a Paper of Grievances sent by the Lord Mountgarret to the Earl of Ormand at the same time and in August 1642. the Remonstrants sent to the Earl of Ormond a Petition directed to His Majesty which accordingly the Lords Justices transmitted to him That the Lords Justices did endeavour to stop the spreading of the Rebellion and to reduce the Rebels to Obedience by fair means Viz. by their Proclamations of 23 d. of October and 1 st of November promising Mercy to all that should desist from force by imploying a Committee of Parliament to treat with them but they scornfully rejected the Message and contemptuously tore the Committees Letter and the Order of Parliament and by imploying Doctor Cale and some of their own Clergy to treat with them whom they likewise abused and by authorizing the Lord Moor and afterwards Sir Richard Barnwall and Patrick Barnwall to perswade them to Submission and by giving Commissions to the Lord Gormanstown and other of the Remonstrants but whilst they found Success they were deaf to all Perswasions and now that they are baffled they forge Causes of Complaint so that His Majesty is not misinformed nor the Remonstrants unjustly traduced nor misrepresented to the King To the first Article they say that it is too general and generally untrue that Popery is a New Religion midwived into the World by the Council of Trent which ended 1563 and therefore could not be professed by the Remonstrants nor their Ancestors for 1300 Years that the Irish were at first Protestants as Bishop Vsher hath proved at large and in Henry the Eight's Reign were averse to the Papal Usurpations and consented to Laws to suppress them and generally came to Church until 13 Eliz. some of them flew off upon the Bull of Piut V. and 30 Eliz. upon the Arrival of some Spaniards shipwrackt on the Coast of Ireland the Apostasie became more common however the Recâsancy of coming to Church was not general until about the middle of King James his Reign But however that be this is certain that the Papists were so far from being persecuted that all Laws against them were suspended and they enjoyed a Connivance little differing from a Toleration so that even their Ecclesiastical Heirarchy publickly executed their Functions and the Clergy swarmed to that Degree that Paul Harris wrote to Pope Vrban 8ht That it was as difficult to number the Friers in Dublin as to reckon the Frogs in the second Plague of Egypt That notwithstanding the Statute of 2 Eliz. there have been ten chief Judges successively and all the inferior Judges of Irish Birth and Education that the first English Judge that came over after that Statute was Sir Robert Gardiner 29 Eliz. That several Irish Papists had commands in the Queen's Army and were Governors of Counties as the Earl of Thomond Clanrickard c. And even now at the Time of the Insurrection Papists were admitted to be High Sheriffs of Counties Justices of Peace Magistrates of Corporations Marshals upon Occasion Councellors at Law Doctors of Physick Clerks Attornies and Sollicitors c. so that none go abroad but for their Improvement as the Gentry of all Countries do or to Seminaries to become Clergymen And these Popish Natives have had their share of His Majesties Favour in dispensing of Honour several of them having been made Lords Baronets and Knights and such as were capable of it by Conformity and Education were preferred in the Church and even those that were unfit for it and were Papists were nevertheless upon an external and partial Conformity only continued in their Spiritual Dignities by Queen Elizabeth notwithstanding the Statute of 2 Eliz. Their Nobility had all the respect and priviledge which good manners and the Law gives to their Quality and by the industry and improvements of their English Tenants lived more Regularly Plentifully and Gentilely than any of their Ancestors ever did or could and that the Popish Youth were never denied admittance into any Free-School nor into the University nor any Question made about their Religion only when they come to be Graduates they must then conform to the Laws of the Land and the Statutes of the Colledge and the Answerers think that the Remonstrants have small reason to complain whilst they enjoy those Liberties and Favours which are denied to the Popish Natives of England who though less in number are much superior to the Remonstrants in Quality Loyalty and Riches But if the Laws of the Land do exclude Recusants from Offices of Trust and Honour they ought to have patience till his Majesty shall think fit to consent to a Repeal of them nay if their Oppressions were without Law their proper Remedy were by Supplication and Petition to the King and not by Murther Rebellion and Depredation To the Second they say it is an aspersion on the King for the ill choice of his Officers and is so undutiful that no Person of Honour will appear in it it was devised by the Popish Clergy and the Jesuited Lawyers who are the Firebrands of these horrible Flames which have almost consumed the Kingdom and it is notoriously false for the chief Government hath been placed either in Men of Nobility or great Estate or in Men of great Merit and in a high Station none of which ever built their Fortune on the Ruine of the Kings Subjects but some of them have been undone by the unjust clamour of the Irish who never endure long any English Governor that endeavours their legal obedience to the Crown So that of One and Twenty chief Governours successively Thirty Privy Councellors Twelve chief Judges and several inferior Judges sent out of England since the Statute of 2 Eliz. not one of them left any Estate there nor were enriched by that Service and even the Earl of Strafford paid great Sums of Mony for what he bought there whereas such of the Natives of that Kingdom as were Judges have left great and visible estates whereby it will appear who built most upon the Ruines of the Natives That the Natives became suspected and odious in England not by any scandals cast upon them but by their degeneracy and frequent Rebellions whereby Ireland whilst managed by them was always in disorder and so poor that it was a continual charge to England whereas since the management of it by English the dependancy of the People is placed in the Crown Legal Properties are secured the Irish pernicious Customs abolished Civility introduced the Kingdom improved so that it was better able to give Ten Subsidies now than one in former times Trade and Commerce increased the Revenue advanced from 8000 to 85000 l. per Annum the Laws duly administred Religion propagated the Army maintained without oppressing the Subject and a Navy kept to guard the Coasts the People are grown Rich and Numerous the breed of Cattle bettered and
Irish Rebels and finding how they are in all likelihood in danger to be overborn by the power and potency of their said Adversaries do in all humility beseech your Lordships first to call to mind that his Majesty hath by his Royal assent unto an Act of Parliament obliged himself not to grant any Pardon or terms of Peace to the aforesaid Rebels without the consent of his Parliament of England and accordingly that your Lordships would not suffer any part of his Majesties Honour to be betrayed to calumny in assenting to such packed terms of Peace as they have already contrived to draw your Lordships unto without the consent of the said Parliament of England and without admitting your Petitioners to a free and full debate of the cause whereby they may vindicate his Majesty and themselves from that unnatural aspersion which the Irish would maliciously fasten on them by making the one the fauter and the other the occasion of their Rebellion And that the matter may not be carryed with such indulgency towards them as that to extenuate their real enormities your Petitioners must be made guilty of imaginary crimes and undergo a heavier censure for demanding Justice than they for perpetrating all their Treasons and that their Lives Fortunes and Posterities and which is dearest their Religion may not be sold or sacrificed to the malice of the Irish Papists or if this lawful favour shall be denied them that they may have leave to protest against any such fatal and destructive conclusions as are in hand to be made with the aforesaid Irish Rebels without consent of the King and Parliament or your Petitioners privity and that their fictious pretences of assisting his Majesty wherewith they have too long already abused himself and his Ministers on purpose to protract the War in England may not be a sufficient wile to delude your Lordships any longer but that your Petitioners and not Persons disaffected to their Religion and Nation now to be preserved or ruined may be heard to plead in this cause before any Judgment be given therein and that the Examples of their former and frequent breaches of the Cessation yet unrepaired may be accounted a reasonable caution to your Lordships to expect little better observation of any Peace that shall abridge them of their devilish designs And your Petioners shall ever Pray for your Lordships increase of Honour and Happiness Signed by the Lord Broghill the Magistrates of Cork Kinsale Youghall and Bandonbridge and above Three Hundred other Persons Append. XXVI The Articles between Sir Knelme Digby and the Pope Articles to be sent to the Lord Rimucini to be put in Execution in Ireland with Power to add to and take from them according to the present State of Affairs and as need shall be which will be better understood there upon the place 1. THAT the King of Great Britain do effectually grant in the Kingdom of Ireland the free and publick Use of the Roman Catholick Religion allowing the Ecclesiastical Hierarchy to be restored to the Catholicks with all the Churches and Revenues according to the Custom of the said Religion And as to the Monasteries pretended to have been released to the Possessors by Cardinal Pool Legate in the Time of Queen Mary that it be debated in a free Parliament in Ireland what may or can be done in that Point as likewise touching the three Bishopricks that of Dublin and the other two which are in the Hands of the Heretick Protestants under the Obedience of the King 2. That he annul and repeal all the Penal Laws and others whatsoever made aginst the said Catholicks on the Account of their Religion from the beginning of the Defection of Henry the Eighth to this Day 3. That for the better establishing the free and publick Exercise of the Catholick Religion and to add more Force and Security to the Repeal of the said Laws the King do call a Parliament in Ireland independent on that of England 4. That the Government of the Kingdom of Ireland and the principal Offices there be put into the Hands of the Catholicks and that Catholicks be made capable and promoted to Offices Honours and Degrees in that Kingdom in like manner as the Protestants have been till this Time 5. That the King do put into the Hands of the Irish Catholicks or at least such English Catholicks as the Supream Council of Ireland shall approve of the Town of Dublin and the other two which are held in his Name in Ireland 6. That he join his Forces with those of the Irish to drive the Scots and Parliamentarians out of Ireland 7. This being performed by the King and what else may in Ireland be added or altered in these Articles by the Lord Rimucini His Holiness is willing to pay to the Queen of Great Britain a Hundred Thousand Crowns of Roman Money 8. That the said King do repeal all the Laws made against the Catholicks of England and particularly the two Oaths of Supremacy and Allegiance so as they may enjoy their Revenues Honours Liberties and Priviledges as other the Gentlemen of that Kingdom do so that their being Catholicks shall be no manner of prejudice to them and that in the first Parliament or other Settlement of the Affairs of England His Majesty do approve and confirm the aforesaid Repeal and in the mean Time that they do actually enjoy all manner of Equality with the Protestants 9. That an Agreement be made between the King and the Supream Council of Ireland to transport into England a Body of an Army of Twelve Thousand Foot under Irish Commanders and Officers to whom shall be joyned Three Thousand or at least Two Thousand Five Hundred English Horse under Catholick Commanders upon such Conditions to be adjusted between them concerning the Government of the Army the Ports of their Landing and Places of Security as shall be adjudged just and convenient 10. When the said Forces shall be entred into England and joyned together in any Place His Holiness will pay the first Year a Hundred Thousand Crowns of Roman Money by a Monthly Proportion the same to be continued the second and third Year as ââis Forces shall stand and according to the Advantage that shall âe made by the said Army 11. And lastly because the first six Articles may speedily be put in Execution His Holiness will expect the performance of them in six Months from the Date of these Presents and as to the Eighth and Ninth that require perhaps longer Time he will stay four Months more besides the Six beyond which he will not be tyed to this present Promise At Rome the 30 th Day of November 1645. Append. XXVII The Articles made by the Earl of Glamorgan WHereas much time hath been spent in meetings and debates betwixt His Excellency James Lord Marquess of Ormond Lord Lieutenant and General Governour of His Majesties Kingdom of Ireland Commissioner to His most Excellent Majesty Charles by the Grace of God King of
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 bâââlf 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 Hereâitaments 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 to grant Leix and Offaly to English Undertakers Lib. H. and the Queen promised him that besides the Irish Revenue twenty thousand Pounds per annum should be punctally remitted him out of England quarterly And Sydny undertook for that Sum to fortifie Carrigfergus and to build some Bridges and to keep the whole Kingdom in Subjection The Lord Deputy found Vlster in a Flame Surleboy had assaulted Carrigfergus and kill'd Captain Baker and forty Men and though by the Valour of the rest of the Garrison the Scots were repelled and the Prey rescued yet this small Victory gave the Rebels such Reputation that the Lord Deputy found it necessary to leave the Custody of the Pale with certain Gentlemen of Note and to march with his small Army of six hundred Men into Vlster he found all the Country ruined except the Newry where Marshal Bagnal dwelt and the Glins and Routs ãâ¦ã which Surleboy and the Scots possest and some part of Killultagh but it happened luckily that Turlogh Lynogh and Surleboy could not agree so that they came to Blows with various and alternate Success Hereupon both Parties address'd themselves to the Lord Deputy who finding Turlogh to be more high and extravagant in his Demands than the other came to an Agreement with Surleboy which was followed by the Submission of Mac Mahon and one of the Macguires And O Donel and the Chief of the Macguires did also by their Letters offer to pay their Rents and Services due to the Queen by former Agreements provided they might be secured under the Queens Protection and be delivered from the Exactions of O Neal. By these Means and the diligent prosecution of the War against him Turlogh Lynogh was reduced to extremity so that first he sent his Wife a well bred Lady Aunt to the Earl of Argile to the Lord Deputy at Armagh who in her Husband's behalf Petitioned him that Turlogh might be Nobilitated and his Estate setled by Law that so for the future he might live in order in the sence of his Duty and Gratitude to her Majesty but whilst these things were under consideration Turlogh himself without any previous Provision for his Security came to the Lord Deputy and submitted simply without Capitulation or Conditions and so having staid two days he had liberty to return home Vlster being thus quieted the Lord Deputy Marched to Dublin and having setled things there he visited Leinster and found the County of Kildare almost waste and the King's County and Queens County groaned under the Tyranny of Rory Oge but by the perswasions of the Earl of Ormond Rory came to the Lord Deputy and publickly made his Submission in the Church of Kilkenny The Lord Deputy was very well received by the Townsmen of Kilkenny and nobly treated by the Earl of Ormond but while he staid there he received the unhappy News of Sir Peter Carew's Death to whose Burial at Waterford on the fifteenth of December the Lord Deputy was invited and went This Sir Peter Carew whose Ancestors had been Marquesses of Cork Lib. F. laid claim to a mighty Estate in Munster being half of the ancient Kingdom of Cork viz. Imokilly Trybarry Muskry Kinalea Trycoursy Carbry Kinalmeaky Collymore Collybeg Ivagh Synnagh O Donovan Wintervary Bantry Bear Clandonough Cleighboigh Iveragh Kirricurry Clanmorris Iraghticonnor Duhallow and Coshbride And he sent his Agent John Hooker to Cork Hooker 13â where he had a solemn meeting with Mac Carty Riagh Cormock Mac Teige of Muskry Barry Oge O Mahon O Driscoll O Daly and others and they made this Proposal that they would advance three Thousand Kine with Sheep Hogs and Corn proportionable for the present and that if Sir Peter would live amongst them they would annually pay what should be reasonable and to his good liking whereupon Hooker did take a House for Sir Peter at Cork and another at Kingsale but as Sir Peter was going that way he died on his Journey at Ross in the County of Wexford the 27th day of November 1575. The Lord Deputy was magnificently received and treated at Waterford and from thence he marched to Dungarvan where the Earl of Desmond met him and so by easy Journeys they went together to Cork and there he stayed six Weeks during which time the Soldiers for half their Pay had Lodging Diet and Firing to their content and without the grumbling of the Citizens The Earls of Thomond and Glencar and the principal Gentry of the Province came to wait on the Lord Deputy at Cork and there they kept their Christmass and as soon as that was over the Lord Deputy began his Sessions and sat in Court almost every day from the seventh day of January to the one and thirtieth Condom and a younger Son of the Lord Roch were Condemned and though they were Reprieved yet there were twenty three other notorious Malefactors Executed and the better to discover Vagabonds and Tories every Gentlemen was commanded to give in a List of his Dependants and to answer for them and Proclamation was made That every Iâler that was not named in one of those Lists should be punished as a Felon and a Vagabond to which the Irish Lords and Gentlemen gave their Consents with seeming Joy and every one of them gave in Pledges of his Loyalty to the Lord Deputy Whilst the Deputy was at Cork he had information of the Disloyalty of the Seneschal of Imokilly and of the Depredations and Violences he daily committed and thereupon being attended by two Hundred Citizens of Cork besides his own Forces the Deputy marched to Ballymarter and took that strong Castle and had taken Fitz Girald himself but that he narrowly escaped through a Hole in the dead of the Night There was abundance of Victuals found in the Castle besides other things of value but all the Spoil was given to the Soldiers and so a Garrison of twenty Men under Jasper Horsy being left in the Castle the Lord Deputy returned to Cork The Lord Deputy was so well pleased with Sir Cormack Mac Teige of Muscry that he gave him this Character in a Letter of his sent to England That for his Loyalty and Civil disposition he was the rarest Man that ever was born of the Irishy and in another Letter to the Lords of the Council he observes that the Lord Poer lived more plentifully than those that had far more Land and that his barren Land yielded more Rent than the richer soil of Kilkenny and Decyes and the reason was because he kept his Territory in order and free from Idlers and Vagabonds whereas on the contrary the Lord of Decyes was scarce able to subsist because his Country harboured more bad Men than it fed good Cattle From Cork the Deputy went to Limerick where he was entertained with more Pomp than any where else there he kept Sessions and observed the same Methods as he did at Cork and then he marched into Thomond which formerly belonged to the English Lords of Clare
this Contention was drown'd in 1618. upon which his Lady brought her young Son over from Ireland whither he had been carried at the Age of Three years and now he was about Nine She put him to a Private School under a Roman Catholick but by Order of King James he was removed to the Archbishop of Canterbury's Doctor Abbot and by him he was wholly maintain'd for Five or Six years without any Pension from Court or possibility of Help from home where all was sequestred and deprest By him also was he first instructed in the Protestant Religion and in the Doctrine of the Church of England unto which he stuck fast to his Death In 1628. his Grace was at Portsmouth to take Share in the Expedition then preparing for the Relief of Rochel but the sudden Death of the Duke of Buckingham put him upon other Measures for in a while after he married the Lady Elizabeth Preston which ended and reconciled the long Contentions of the Family This Lady was by the Marriage aforementioned the only Child of the said Earl of Desmond who being also lately drown'd she fell in Wardship to King Charles the First and His Majesty bestowed the Wardship upon the Earl of Holland then Lord Chamberlain She was intended for a Nephew of the Duke of Buckingham's which drew him into that Partiality and his Grace was in particular forbid by His Majesty to pretend unto His Ward However the young Lady saw none in the whole Court who either for Beauty or for Parts could outshine her Kinsman And Both being agreed he was forced to pay down Fifteen thousand Pounds to the said Earl of Holland for her Wardship These were all the Favours that either he or his Family could then meet with in the Court of England So hastning with his Lady to Acton near Bristol and there staying about a Year with his Uncle Sir Robert Poyntz he went for Ireland at the end of 1630. soon after which as the Manner there was he purchas'd a Troop of Horse in the Standing Army The Lord Wentworth afterwards Earl of Strafford went over Lord Deputy in 1633. In a while after he call'd a Parliament which being appointed to meet within the Castle of Dublin a Proclamation issued That none of the Members either Peers or Commons should enter with their Swords All obey'd the Order save this young Lord who told the Black Rod at the Door He should have no Sword of his except in his Guts So being the only Peer who sat that day in defiance of the Proclamation it fired the Lord Deputy as not wânt to be disobey'd His Grace was call'd upon in the Evening to answer for it who thereupon shew'd His Majesty's Writ calling him to Parliament Cinctus cum gladio which sort of Answer being not expected and finding him like to prove an untractable Companion it was in deliberation that Night between the Lord Deputy and his Two-Friends Sir George Ratcliff and Mr. Wandesford Whether to trample him quite under foot or to oblige so daring a young Man who was now also grown very Popular But Sir George being for the more benign Extreme he was taken into Favour caress'd and made one of the Privy Council No Opportunities were from that time forward omitted to oblige him or set him forth in a high Character to His Majesty So that in the Year 1639 the Lord Lieutenant made him Lieutenant General of the Horse in the Army which was then newly rais'd but as soon disbanded Upon the neck of this the Earl of Strafford fell into those Troubles which in May 1640. hurried him to the Scaffold But the Earl having heard with what vigour his Grace contended to oppose and overthrow these Accusations which came against him from the Parliament of Ireland as it was the last Request this Earl made to His Majesty That he would be pleas'd to bestow his Blue Garter upon his Grace so in June following his Grace had notice of His Majesty's Gracious Intentions to confer it accordingly The Earl of Leicester was at this time appointed to be Lord Lieutenant of Ireland tho' by some Accidents he never went over It was on the 23d of October 1641. that the Rebellion broke out the News whereof being brought to His Majesty then in Scotland His Majesty does by Letter to his Grace from Edinborough of the 31th of the same Month lament that Calamity and desires and presses his Grace to take on him to be Lieutenant General of the Army This was in effect by Necessity thrown on him even before that Command cameâ but in May 1642. it came to him in Form by Commission from the Earl of Leicester as General In August after His Majesty being at Nottingham where He set up His Standard sent his Grace a Patent for the Honor of Marquis and in September following His Majesty by the Advice and Consent of the Lords Justices appointed him to âold the said Command of Lieutenant General immediately from Himself by Patent under the Broad Seal It was by these Steps that his Grace came suddenly to be embark'd in a Course of Life to which he was utterly a Stranger He had not had the Means for Travel or ever seen War either abroad or at home He was made a General before he was a Soldier His very first Essay was to oppose a bloody Rebellion then newly broke out And how far he was able by a vigorous Body and the vivacity of his Parts and a boundless Zeal for the Crown to discharge and sustain that Trust or how he bore up in all those Vicissitudes of Exaltation and Banishment of Plenty and of Want of Dignity and Depression which did in the Course of about Fifty Years after so often befal him may prove Matter for a larger Place The last who manag'd the Sword of State was the Marquis of Clanrickard who was also an English Peer and Earl of St. Albans He was the First Roman Catholick that had been entrusted with the Chief Government since the Reformation But the Irish were come to that pass as not to endure a Protestant to be over them and so this brave Gentleman was deputed by the Marquis of Ormond to take his Place And tho' his Religion was pleasing to the Irish yet the King's Authority wherewith he was clothed was by no means acceptable to them that design'd to shake off the Yoke of England and therefore they proved as troublesom and refractary to him as they had been before to the Lord Lieutenant So that after Two Years vexatious Agitation amongst them and after he had in vain tried all ways to support the sinking State he laid down Arms and had Liberty to retire into England where he died He was a Person of sound Understanding and unblemish'd Loyalty and did from the beginning abhor their Courses towards the English And altho' the Nuncio and the Clergy made frequent Trials to seduce him from his Integrity yet being evermore fixt in his Principles he resisted all
of March 1625 having in his Life-time created the Irish Nobility hereafter mentioned viz. February 23d 1603. Rory O Donell Earl of Tyrconnel February 23d 1615. Sir Arthur Chichester Baron of Belfast since Earl of Donegal July 14th 1616. Brabazon Baron of Ardee since Earl of Meath September 29th 1616. Sir Richard Boyle Baron of Yough-hall afterwards Earl of Corke May 25th 1617. Ridgeway Baron of Galenridgeway since Earl of London-Derry July 20th 1617. Moor Baron of Melefont since Earl of Drogheda Septemâer 6th 1617. Touchet Earl of Castlehaven and Baron Orior February 17th 1617. Lambert Baron of Cavan since Earl of Cavan Ibid. Bourk Baron of Brittas May 8th 1618. Hamilton Baron of Strabane January 31st 1618. Blunt Baron Mountjoy Ex. June 29th 1619. Mac Donald Viscount Dunlucâ since Earl and Marquess of Antrim February 19th 1619. Sir Richard Wingfeild Viscount Powerscourt July 1620. Preston Earl of Desmond Viscount Dunmore Ex. May 1621. Dockwray Baron of Culmore Ex. Ibid. Blany Baron of Monaghan March 1st 1621. Henry Power Viscount Valentia Ex. Theo. Butler Viscount Tullagh THE REIGN OF CHARLES I. KING OF England Scotland France AND IRELAND CHARLES the only surviving Son of the Deceased King James 1625. by undoubted Right succeeded his Father in all his Dominions on the 27th day of March 1625 and was accordingly Proclaimed the same day and on the 23d day of June following he was Crowned at the Abby of Westminster with great Solemnity and as to Ireland HENRY Viscount FALKLAND was continued Lord Deputy and other inferior Officers likewise were confirmed in their respective Places but the Affairs of England being not a little out of Order the Irish took advantage thereof to be very high and insolent at home to which they were much encouraged by the Bull of Urban the 8th of the 30th of May 1626. to the English Catholicks exhorting them rather to loose their Lives then to take Noxium illud illicitum Anglicanae fidelitatis Juramentum 1626. quo non Solum id agitur ut fides Regi servetur P. W. Remonstrance 11. sed ut sacrum Universae Ecclesiae sceptrum eripatur Vicariis Dei Omnipotentis that pernicious and uâlawful Oath of Allegiance of England which his Predecessor of happy Memory Paul 5th had condemned as such Hereupon it was found necessary to increase the Army to the number of Five thousand Foot and Five hundred Horse the Charge whereof amounted unto 64240 l. 1 s. 2 d. which was more then the Kings Revenue out of which the Civil List was nevertheless to be paid so that it was necessary to find out some other Bund for the support of the Army and until that could be done the Lord Deputy and Council on the 14th of September by their Letters did recommend several Troops and Companies of the Army to the Counties and Towns of the Kingdom to be maintained for three Months and so from three Months to three Months until the last day of March 1628 and this whole Charge or Incumbrance on the Countrey was estimated at 36951 l. 6 s. 7 d. ½ and in the King's Letter of the 22d of September 1626. to raise this Army and that the Countrey should maintain it with Money Cloaths and Victuals his Majesty promises in lieu thereof to Grant certain Graces to the Countrey and particularly to suspend the Composition But the Gentlemen that were Agents from Ireland did to ease the Kingdom from that oppression offer to pay 40000 l. a Year for three Years in the nature of three Subsidies and to pay it quarterly from the first of April 1628. which was accepted of and the same was Paid accordingly until the first day of October 1629. On the 16th of May 1626. 1626. The King reciting a Complaint of Sir Samuel Smith's against the Lord Chancellor and that there was difference between the Lord Deputy and Chancellor 1. Because the Chancellor refused to Seal some Patents offered to him 2. Because he denied to appoint Judges for Circuits when thereunto required by the Deputy 3. Because he refused to appoint Justices of Peace at the Lord Deputies Nomination and made one Justice of the Peace against his Express prohibition to which the Lord Chancellor made Answer That in the first Case there was matter of Equity Convenience of State and Question in Law unresolved and that in the sesond Case he had directions in the time of King James and that in the third Case it was the Priviledge and Jurisdiction of his place Therefore the King orders That the Chancellor bear fitting respect to the Lord Deputy who is his Majesties Representative and as to the Matters in Debate if the Chancellor refuse to Seal any Patent in question for Reasons of State that the Cause be debated in Council and if then they think it fit and the Chancellor still refuses till he has appeal'd to his Majesty as he may it shall be at his Peril if the State suffer by his delay if the Question be in Law that the Judges decide it and if the Chancellor be not satisfied therewith he ought to appeal to the King for farther Directions and particularly about the Patent for Tanning Leather As to the Second if the Chancellor will not appoint Judges as the Lord Deputy desires that then it be refer'd to the Council-board and their Sentence be definitive as to that And as to the Third the Chancellor will not refuse to make any Man a Justice of the Peace recommended by the Lord Deputy if he does that then the Order of the Council-Table shall govern that Matter and in all these Cases it becomes the Chancellor to repair to the Deputy and acquaint him with his Reasons whenever he refuses And as for Sir Samuel Smith's Complaint his Case was that he had the sole Nomination of those that should be Licensed to Sell Aquavitae and did set that Priviledge to one Miagh for the County of Cork the King appoints the Chief Justice Chief Baron and Sir John King to Arbitrate that Matter and to make Reparation to Miagh whose Patent must be called in because he is an infamous Person and unfit for that Trust and a new Patent for that County must be Granted to whom Sir Samuel Smith shall name In the same Month of May the King sent an Order to the Lord Deputy to make a Lord High Steward c. for the Tryal of the Lord of Dunboyn by his Peers upon an Indictment found against him in the County of Typerary for killing a Man and in January after the Earl of Marleburgh Duke of Buckingham and the Lords of Pembrook Dorset Grandison Conway and Carlton and Sir Richard Weston were made Commissioners or rather a Committee for Irish Affairs And on the Eighth of February Edward Brabazon Baron of Ardee was ordered to be Earl of Catherlogh but for what Reasons I know not he had not that Title but was afterwards made Earl of Meath And on the Second of March his Majesty sent an Order
and Oliver Castells 1. That the Nobility wer over-taxed in the Subsidies 2. And were kept Close Prisoners tho' not Impeach'd of any Capital Crime 3. And could not get Licence to absent unless they leave their Proxy with one of the Chief Governors naming 4. That some have Titles of Honour that have no Lands in the Kingdom 5. That the Nobility were stop from going to Petition the King 6. That Trade is decayed by Illegal Taxes as Twelve pence apiece on Hides 7. That Causes are arbitrarily decided at Council-board and in other improper Judicatories 8. That Paâents are made void extrajudicially on private Opinions 9. The Monopolies of Tobacco Starch Sope Glass Tobacco-pipes c. 10. The Procedings of the High-Commission 11. The exorbitant Fees and pretended Customs exacted by the Clergy 12. The Proclamation against buying Gunpowder but out of the Store and restraining Hunting within Seven Miles of Dublin 13. That the Parliament in its Members and Actions hath not had its natural Freedom 14. That the Subject is denied the Benefit of the Act of Limitation 15. The taking excessive Fees 16. The Seizing of Linen Yarn and Cloth for not being exact according to Rule 17. The Oppressions of Officers And in this Parliament on the Fourth of March Captain Audley Mervin brought up an Impeachment of High-Treason from the Commons to the Lords against Sir Richard Bolton Lord Chancellor John Lord Bishop of Derry Sir Gerrard Lowther Lord Chief Justice of the Common-Pleas and Sir George Ratcliff and made an eloquent Speech on that Occasion The Charge consisting of Three Articles was General for subverting the Laws and introducing Arbittary Government by extrajudicial and unjust Decrees for inflicting infamous Punishments by Pillory c. on Persons of Reputation and subverting the Rights of Parliament But it seems there was a Dispute raised Whether the House of Lords in Ireland had Power of Judicature in Capital Cases Whereupon Captain Audley Mervin made a most excellent Speech in the Lords House in Parliament 24 May 1641. And afterwards he Impeached Sir George Ratcliff then in the Gate-house Westminster in the Parliament of England of the aforesaid Articles and adds That he joyned with the Earl of Strafford in taking out Eighty thousand Pounds out of the Exchequer to buy Tobacco and that he countenanced Papists to build Monasteries c. On the Sixteenth of March 1640. Secretary Vane sent the Lords Justices the following Letter by His Majesty's Command Right Honorable HIS Majesty hath commanded me to acquaint your Lordships with an Advice given him from abroad and confirm'd by His Ministers in Spain and elsewhere which in this distemper'd Time and Conjuncture of Affairs deserves to be seriously considered and an especial Care and Watchfulness to be had therein Which is That of late there have passed from Spain and the like may well have been from other Parts an unspeakable number of Irish Churchmen for England and Ireland and some good old Soldiers under pretext of asking leave to raise Men for the King of Spain whereas it is observed among the Irish Fryars * * In Spain there a Whisper runs as if they expected a Rebellion in Ireland and particularly in Connaught Wherefore His Majesty thought fit to give your Lordships this notice that in your Wisdoms you might manage the same with that dexterity and secrefie as to discover and prevent so pernicious a Design if any such there should be and to have a watchful Eye on the Proceedings and Actions of those who come thither from abroad on what pretext soever And so herewith I rest Your Lordships most humble Servant HENRY VANE In the mean time the Earl of Strafford came to his Tryal in England and it was the most Solemn that ever was in that Kingdom and at length he was Attainted by Act of Parliament and accordingly beheaded on the 12th day of May 1641. and the Earl of Leicester was the same day appointed Lord Lieutenant of Ireland in his stead His Tryal is excellently wrote at large by Mr. Rushworth to which I must refer the curious Reader but because every Man has not that Book by him I have Cursorily extracted so much of it only as I thought pertinent to his History wherein if I have not been very exact it was because the Inquisitive may easily inform themselves as well as I by having recourse to the Original which I had not leisure to examine more carefully than I have done The Third Article which is the First relating to Ireland is that he should say That Ireland was a conquer'd Nation and that the King might do with them what he pleased and that the Charters of the Corporations were worth nothing and did bind the King no farther than he pleased To which the Earl Answers That he never spoke those words and that the Scope and Intent of what he did say was to ingratiate his Majesties Government to the People and that his words were well accepted at that time however they come to be resented now That the Charters of Dublin were Anno 1634. brought before the Council and still are in the hands of the Clerk of the Council because besides other Abuses the Papists of that City engrossed all the Trade and denied Liberty to such as came out of England to set up there which he hath so far remedied as that there are Three Englishmen now in Dublin for One that was there when he came to the Government and the Charters are not Condemned but enjoyed to this day so that he aim'd at a Reformation in favour of the English but did not design the Destruction of the Charters The Fourth Article was That the Earl of Cork having begun a Suit at Law to recover a Possession he had lost by Colour of an Order from the Lord Deputy and Council the Lord Deputy threatned to imprison him unless he would surcease his Suit saying That he would have neither Law nor Lawyers dispute or question his Orders and that he said upon another the like Occasion That he would make the Earl of Cork and all Ireland know that so long as he had the Government there any Act of State there made or to be made should be as binding to the Subjects of that Kingdom as an Act of Parliament and that he question'd that Earl in the Castle-Chamber upon Pretence of a Breach of an Order of Council-Table To this the Earl of Strafford answered That the Council-Table was a Court of Record in Ireland wherein they proceeded formally by Bill Answer Examination of Witnesses c. and therefore the Orders of it are binding and ought to be obey'd he denies he compar'd it to a Parliament and denies that the Earl of Cork was prosecuted for disobedience of an Order of Council only The Fifth Article was That in time of Peace 12th of December 1635. he did give and procure to be given Sentence of Death against the Lord Mountnorris at a Council of War for saying of an Accidental
Attempt upon Cappoquin but were on the Twenty Seventh of June repulsed thence with Loss and on the Second of July the Earl of Castlehaven met with the same Fate at Lismore and then marched towards Leinster And on the First of July Colonel Myn beat the Irish on the Plain on the Northside of Tymoleague River and soon after took the Castles of Tymoleague Aghamilly and Rathbarry But in Connaught the Protestant Affairs were in a worse Condition for tho' they made a shift to repell the Incursions of Owen Roe and at lenghth to drive him out of that Province yet in August the Fort of Gallway was surrendred to the Irish whereupon the Rebels marched to the Siege of Castlecoot to which the Town of Gallway contributed Three hundred Pound and altho' the Irish had Notice of a Cessation by a Messenger sent on purpose yet they imprisoned him as a Spy and shot the more furiously against the Castle â until at length perceiving their Labour was in vain they claimed the benefit of the Cessation to secure their retreat And in Ulster I find no other Account than what Monroe gives in his Letter of the Twenty third of May viz. that with Two thousand Foot and Three hundred Horse he did beat Owen Roe and his Son and Sir Phelim O Neal being joyned together with their Forces and compelled them to return to Charlemont after quitting the Generals House to be burnt and spoiled by them with all the Houses in Loghgall being the best Plantation in Ulster and the straightest for defence of the Rebels Peview 81. only that my Lord of Castlehaven says that Colonel Mervin and Sir Theophilus Jones and the English had a hand in this Victory and so we are come to the Treaty of the Cessation which was managed in this manner On the Twenty third of June 1643. the Irish Commissioners viz. the Lord Gormanstown the Lord Muskery Sir Lucas Dillon Sir Robert Talbot Tirlogh O Neil Geoffery Brown Ever Macgenis and John Walsh presented themselves unto the Marquess of Ormond in his Tent near Castlemartin his Lordship sitting in his Chair covered and they uncovered his Lordship told them He was come according to their Desires and expected their Propositions in writing and the next day they desired a sight of his Commission alledging that they were ready to shew theirs and give a Copy and since no Body was named in the Kings Commission but his Lordship and their Authority was likewise to treat with him only they desired The Negotiation might be kept secret and concealed from all others till the matter be fully concluded To which the Marquess replyed That for the way of proceeding he was by his Majesty trusted therewith and should do nothing therein but what he conceived to be fit then having received a Copy of their Commission and sent them a Copy of His Majesties Letter of the Third of May 1643 and Promised them upon conclusion of the Treaty a Copy of his Majesties Letter of the Twenty third of April 1643 they tendered Propositions and having agreed that the time of the Cessation should be a Twelvemonth the Marquess proposed that they would first declare what they would contribute towards the support of His Majesties Army during the Cessation to which they Answer That when they know what they have to give they assist His Majesty according to their utmost Abilities as upon all occasions they have heretofore done The next meeting was at Siggingstown where on the Twenty eighth of June they declared That the Cessation being first agreed upon they will treat of Supply and not before on the Twenty ninth the Marquess not admitting the Name or Title attributed by the Commissioners to their Party nor the Protestation That they took Arms in defence of their Religion His Majesties Rights and Prerogatives and the Liberties of this Kingdom and no ways to oppose His Majesties Authority gave an Answer in writing to their Proposals and Tacked to it Four demands viz. 1. For supply 2. A Declaration how far the Quarters of each Party extended 3. For Caution of Payment of such Supply as they should Promise And 4. That all Castles Towns Forts and Houses that may be taken during the Treaty should be restor'd on the Cessation Hereupon the Treaty was adjourn'd that the Commissioners might consult their Principals and then 12 July from Kilkenny they answer to the First That 't is not warranted by His Majesty's Letter however on the Conclusion of the Cessation they will do what is fit To the Second They agree to settle that Point To the Third That a Free Gift needs no Caution and for performance of Articles they will agree to an Equal Course at Meeting And to the Fourth if reduc'd to Particulars they will answer it at the next Congress On the Fifteenth of July Ormond writes to them That tho' their Answers are neither so particular nor so satisfactory as he expected yet he design'd to meet them but that his necessary Attendance on other Business prevents it which being over they shall have timely notice of a Day of Meeting To this on the Nineteenth of July the Irish Commissioners reply That they are loth to give an ill Construction of this Delay until they know of that Service that taketh place of This but must take notice that they meet in These as in all other Proceedings whereby they may have any expectation to enjoy the Benefit of His Majesty's Grace and Favour some Interruption and Slackness in conveying any part of His Good Intentions to His Faithful Subjects the Catholicks of Ireland which they may add to their other Grievances and will endeavour in discharge of the many Harms which may ensue by reason of this Protraction to have it rightly represented to His Majesty To this smart Reply Ormond on the Twenty first of July return'd this Answer That he was not accountable with the Knowledge of any of his Majesty's Services wherewith he had the Honor to be intrusted to any but His Majesty That nevertheless they were not ignorant of the Cause of that Interruption since their General Preston with their Forces approach'd so near as Castle Carbery in the County of Kildare But on the Fifth of August the Lords Justices Borlace and Titchborn together with the Marquis of Ormond sent the Commissioners a Letter importing That they had received His Majesty's Letter authorizing Them to conclude a Cessation for a Year and that pursuant to it Ormond would meet the Commissioners at Sigginstown on the Seventeenth of August and proceed where he left off But afterwards at the desire of the Confederates Note In the New Commission Lord Gormanstown was omitted and Nicholas Plunket and Sir Richard Barnwall were added their Commissioners being dispersed the Meeting was appointed the Twenty sixth of August and then insisting upon the Title Name and Protestation aforesaid they give a Reply in Writing to the Answers formerly given by the Marquis On the Twenty eighth of August
Fernes to be one of their Commissioners which Ormond would by no means admit of the Disputes about this and other Preliminaries delayed the Treaty until the 6th of September at which time the Lord Chancellor who was Chief of the Commissioners for the King averr'd before the Confederate Commissioners That to that day no body had lost one drop of Blood upon the Statute of 2. Eliz. c. 1. which nevertheless was so much complained against however the Confederates notwithstanding the fair Promises their Agents had made at Oxford insisted stifly on the Repeal of part of that Statute and on several unreasonable Demands whereupon the Treaty was adjourned until the King's Pleasure should be known in the Particulars wherewith Ormond had acquainted him Hereupon the King who had promised Archbishop Usher at Oxford Bishop Vsher's Life 64. That he would not give Toleration to the Papists writes back to Ormond That he approves his Answers to the Rebels Proposals Febr. 16. 1644. and orders him to insist on them but if the Irish will not be perswaded to Moderation then rather to yield to Terms remitting much of what his Dignity and Interest would insist on at other Times and Circumstances than enter into a new War however not to consent to a Repeal of Poyning's Act unless in case of absolute necessity and by no means to admit of the Repeal of the Penal Laws against Recusants because that might endanger his Protestant Subjects for whose Preservation he makes the Peace since he is not able to carry on the War And about the same time His Majesty sent Orders to pass Pardons to all his Councellors and Servants Toties quoties as the Lord Lieutenant and Council shall think fit and to make the Lord Chancellor Baron of Bolton to him and his Heirs Males and that the Lord Lieutenant should make any two Lords he thought fit to be Earls and so the year 1644 was closed with an Adjournment of the Treaty of Peace to the 10th of May following But it is necessary to inspect the condition of the other Provinces and how they were manag'd since the Cessation and first let us cast our Eye on Munster which we shall find discontented at the Cessation but much more troubled at the many and daily Infractions of it by the Confederates whereof the Reader may find some Instances in the Lord of Insiquin's Complaint to the State hereafter mentioned in Appendix 17 and many more might be she ãâ¦ã âf it were needful Moreover the Protestants were daily alarm'd wiâââots and Contrivances against them but with none more than with a Conspiracy of Fryer Mathews Lord Orrery M. S. and some others to betray the City of Cork into the hands of the Confederates for which some of the Conspirators were Executed one of which confessed the Design whereupon the English were dissatisfied to the highest degree and importunately urged the Lord of Insiquin to disclaim the Cessation which was a Snare to them and exposed them to the Plots and Insolencies of the Rebels whilst themselves were fettered by it from taking Revenge and it happened luckily that this Lord returned dissatisfied from England because the Presidency of Munster which he expected and highly deserved was predisposed of to the Earl of Portland and by his discontent was rendered the more susceptible of those Impressions which the just Complaints of the Protestants of his Province did afterwards make upon him and therefore he did on the 18th day of July by an ingenious Artifice get the Irish out of Cork and kept them so and the next day * * Insiquin Brog-hill Sir W. Fenton Sir P. Smith Col. Bâocket Colonel Searl Major Muschamp he and other Principal Officers of his Army wrote to His Majesty That no Peace could be concluded with the Irish Rebels which would not bring unto His Majesty and to the English in general a far greater Prejudice than the shew of a Peace there would bring them Advantage c. And thereupon besought him that he would not so much regard so inconsiderable a handful of People as they were as to purchase but a seeming Security by leaving thereby the Protestant Religion in all likelihood to be extirpated and His Majesty obnoxious to the loss of that Kingdom Further beseeching His Majesty That he would be pleased to proclaim again the Irish to be Rebels and not to Pardon those who have committed so many barbarous Crimes that they are as far above Description as they are short of Honesty the Irish professing They had His Majesty's Commission for what they did The true sense of which devilish Aspersion cast upon His Majesty with other Reasons made them resolve to dye a thousand Deaths rather than condescend to any Peace referring themselves in other things to their Declaration And besides this Letter they issued a Declaration to be sent to both Houses of Parliament and to be made publick which is worthy perusal and therefore is added to Appendix 25. The Revolt of the English Forces in Munster occasioned some Expostulations between Ormond and Insiquin but without effect for the later was resolved not to hazard himself and his Friends by a readmission of the Secluded Citizens of Cork which the Parliament having notice of and being desirous to Encourage and Reward his Steadiness and Zeal for the English Interest made him Lord President of that Province Nevertheless the Parliament not being in a condition to furnish Insiquin with Supplies little or nothing was done this year on the contrary the Irish and he agreed to a new Temporary Cessation because the English were weak and the Irish desired to preserve the Baronies of Imokilly and Barrymore from Contribution and so it continued until the Earl of Castlehaven renewed the War early in the Spring and in the mean time the strong Fort of Duncannon which had never submitted to the Cessation was surrendered to General Preston on the 6th of March for want of Provision whilst Sir Arthur Loftus though he got within the Harbor was by a Storm which lasted ten days hindered from putting Supplies into the place which therefore he carried to Cork But because the Irish do deny that there was any design to betray Cork and that it may appear that it was designed more than once I have thought it necessary to add an Extract out of Sir Richard Gething's Dispatch to Secretary Lane and to subjoyn a certain Letter whereof I have seen the Original Jan. 2. 1644. Sir Richard Gething writes That one Colonel Croning sent to Major Muschamp to give him a Meeting which done after some wise Preparatives exhorting him to be faithful and loyal to his Majesty c. He pretended to open him a way to great Preferment and Muschamp asking him how the other replyed By delivering up the Fort of Cork as the Lord Lieutenant should direct Muschamp answered That he desired no easier Step to Preferment than the Observance of the Lord of Ormond ' s Directions Then
necessities of his Army forced him to withdraw thither where he stayed to expect his Lordships farther Commands And the same day Ormond replyed That he would certainly meet him at Castledermond that day sevenight with 600 Horse and 600 Musquetiers and that he will cause Commissions to be prepared with blanks for the Names of Preston's Officers to whom he will give proof of his full confidence in them and value of their Merit and loyal Affections and for Preston himself that he should have all the Power with the Lord Lieutenant that he could desire And thus Matters stood in a fair Correspondence between his Excellency and General Preston when on the 9th of December the Marquis of Ormond accompanied with the Marquis of Clanrickard marched out of Dublin with his small Party in the nature of Guards towards the place of Rendezvous and I doubt not but the Reader is full of Expectation to find General Preston there also but alas the Scene was changed and the Case was altered for the Council and Congregation at Kilkenny had on the 24th of November declared against this new Reconciliation as Appendix 35 and the Nuncio did so influence General Preston and his Officers by alledging That the former Treaty and Engagement were not binding being concluded without the Consent of a General Assembly which only had the Cognisance of Matters of so great Importance that he prevailed with them to Apostatize from their Solemn Engagement so lately entered into and to write this bald Excuse to the Marquis of Clanrickard That his Officers were not Excommunication-Proof And on the 15th of December the Council and Congregation of the Confederates not taking any notice of any Peace or Agreement that had intervened 1646. published the following Declaration By the Council and Congregation WHEREAS the Cessation of Arms between us and the adverse Party is long since determined and for that the Enemy in Dublin is now advanced into the Field committing daily acts of * * * Though really they committed none but paid for whatever they had Hostility We therefore Declare Order and Appoint That all Generals Captains and other Officers and Soldiers whatsoever of all and every the Armies of the Confederate Catholicks of Ireland and all and every Party and Parties of them either now together in Body or in their Winter Quarters shall and may KILL and Endamage the most they or any of them may of the Enemy aforesaid and against them or any of them use and exercise all manner of acts of Hostility But General Preston by his Letter of the 19th of December from Waterford endeavoured to excuse this Apostacy and laid the fault upon his Officers and yet on the 22th of the same Month he published a Declaration in Print against the lately renewed Peace â to this effect That since the Engagement made by the Marquis of Clanrickard doth not yield sufficient Security for the Free Exercise of Religion c. as by the Congregations * * Appendix 35. Annotations thereon doth appear and since a Resolution was taken not to receive any of his Forces into the Garison of Dublin according to Agreement unless these Objections may be satisfied by the Enlargement of farther Grants that may satisfy the Council and Congregation he thinks himself obliged by the Oath of Association to obey the Council Congregation and General Assembly Whereupon the Lord Lieutenant by his Letter of the 5th of January acquaints him That however things have not sorted to his Expectation or to what he understood to be Preston's Obligation yet he was far from believing that Preston had any design so unbecoming a Man of Honour as to make use of the Credit given by Ormond to his Invitation to the Lord Lieutenants Prejudice or for the Improvement of Preston's Conditions with another Party which makes him confident that a Printed Paper Entituled Preston's Declaration c. and dated but three days after the former Letter of the 19th of December being so contrary to the Expressions therein must be a Forgery at also the Reports that some of Preston's Forces are gathering together at Castledermond to interrupt his Return or destroy the remainder of his Quarters yet he desires Satisfaction from Preston's own hand in those Particulars And accordingly General Preston did by his Letter of the 15th of January own his Declaration for which he writes he had good Reasons to be imparted at a more convenient time but disowned that he had any hand in disturbing his Excellency's Quarters or interrupting his Return But that the Reader may perceive that this Perfidiousness was not unexpected I must insert a short Passage in a Letter of the Lord Lieutenants to Colonel John Humilton dated at Lucan before he knew of Preston ' s Relapse and it was thus That I may leave no means unattempted to prevent the Ruin of His Majesty's Affairs whilst I have a hand in them I have undertaken an Expedition whereunto I was invited by a considerable Party of the Irish but I confess I go rather to leave them for ever unexcusable if they should fail me than that I have any assured Confidence of Performance such are the Impressions their former Failures have left in me But because it may be thought hard that the Confederates should be judged by the Sentiments of Protestants it is therefore necessary to shew what Opinion such of the Roman Catholicks as were loyal had of their Proceedings and the Reader may find it at large in the Marquis of Clanrickard's Letter Appendix 37. But Ormond either because he considered the Poverty of the City of Dublin or that being thus a second time deceived by the Confederates he was ashamed to return hither did march his small Army into Westmeath being the Enemies Quarters and there he kept a melancholy Christmas and though he used no Hostility but paid for every thing so that the Country seemed pleased with them yet the Captain and Lieutenant of his Excellency's Guards staâing behind the rest were murdered upon the Highway by some of the Irish and on Christmas Day the Lord Lieutenant wrote to the Lord Digby then intended for France as followeth I Shall beseech you to be careful of one thing which is to take Order that the Commands that shall be directed to me touching this People if any be thwart not the Grounds I have laid to my self in point of Religion for in that and in that only I shall resort to the liberty left to a Subject to Obey by Suffering and particularly that there be no Concession to the Papists to perpetuate Churches or Church-livings to them or to take Ecclesiastical Jurisdiction from us And as for other Freedoms from Penalties for thâ Quiet Exercise of their Religion I am clear of Opinion it not only may but ought to be given them if his Majesty shall find cause to own them for any thing but Rebels However whilst Ormond continued at Trim the Lord Muskry and some others that
The second is part of a Letter to the Marquis of Clanrickard Dated at Paris the Tenth of February 1646. And the third is an Account of Mr. Jeofry Baron his Embassy to France THat Glamorgan was The Letter to the Queen for this only Reason imprisoned That being a Catholick he was carrying to the King such Catholick Succours as might deserve His Majesty's Favour to himself and the Catholicks of Ireland That the Kingdom being clear'd of the common Enemy by the Catholicks of Ireland which we suppose may be easily done this Summer we may all unanimously go to assist our King That we dislike the late Peace because all things are referred to the Pleasure of the King which we would readily submit to if he were not environ'd on all sides with the Enemies of our Religion and so far off from Your Majesty And in the mean time the Armies Garisons and Jurisdiction of the Confederates even the Supream Council it self are subjected to the sole Authority and Dominion of the Marquis of Ormond a Protestant Viceroy But we have no small hopes and Confidence in Your Majesty's gracious and effectual Intercession with the Pope That Bounds being set to the Protestants within which their Armies and Government may be confin'd they may not disturb the Catholick Religion the Churches nor Ecclesiastical Persons or Things QUod Glamorganus eo solo capite detrudi in Carcerem quod Catholicus ad Regem ferit Catholicorum Subsidia quibus sibi Catholicis Hibernis Regios Favores promeretur Ut purgata ab Hoste Communi per Catholicos Hiberniae quod satis facile ni fallimur poterat hoc Autumno fieri unanimos ire ad nostri Regis Subsidium Pax ideo nobis displicet quia omnia referuntur ad Arbitrium Suae Majestatis i.e. Regis quod subiremus libentissime si ab Hostibus nostrae Religionis undequaque cincta à MAJESTATE Vestra tam procul non esset Interim subjici Exercitus Arma Castra omnem Confederatorum Jurisdictionem ipsum Concilium Supremum soli Authoritati Dominio Marchionis Ormoniae Proregis Protestantis Non modica nobis restat Spes Fiducia in Majestatis Vestrae benigna efficacissima Intercessione apud Summum Pontificem ut praescripto Protestantibus limite intra quem eorum Arma Imperium contineantur ne Religionem Catholicam Ecclesias Ecclesiasticasque personas acres turbare liceat THE new Agent of the Supream Council The Letter to the Marquiss of Clanrickard Colonel Fitz-Williams is very violent in his Office It is believed that Hartegan hath inchanted or infected the Employment insomuch that all his Successors prove like to him He the Colonel is very liberal in the disposing of Places and Offices in the Kingdom He told the Countess of Arundel That he could make the Earl her Husband if he pleased Lord-Lieutenant and 't is imagined he says the same of the Marquis of Worcester to his Friends that is That he shall be Lord-Lieutenant and this was just Hartegan's way of Proceeding Shall we never have a discreet Person come from those parts who may impartially do our Affairs here Such a Party would Advantage and Honour your Country Colonel Fitz-Williams hath said in great heat That Dublin should be taken as soon as Mr. Baron returned and that the Confederates are so puissant that he wisheth with all his Heart that there were in Ireland 40000 English and Scots that they might have the Honour to beat them And another said The Confederates had taken Dublin if it were not for their Respect to the Queen Her Majesty declares That tho' she hath sent Mr. Winter Grant yet it is only with reference to the Marquisses of Ormond and Clanrickard to be consulted with and without their Advice and Consent he is not to engage her Majesty's Authority in any one thing Colonel Fitz-Williams endeavoureth now by his Friends to get a good Opinion in this Court from our Queen and he clasheth with Dr. Tirrel and pretendeth at Court That he suffers for adhering to my Lord of Ormond and our King's Party however at his Arrival here Hartegan was not more violent than he was against my Lord of Ormond and that Party MR. Jeofry Baron landed at Waterford on Friday the Eleventh of March 1646. and came the next day to Kilkenny The Account of Mr. Barons Ambassy and being indisposed two or three days he came not into the Assembly till the Sixteenth at which time being asked for an account âf his Negotiation he answered That for the most part it consisted in the Letters he had brought with him and made some scruple to communicate them to any other than a sworn Council because the matter required Secrecy At length a Committee was appointed to peruse the Letters and Sir Lucas Dillon the Chairman reported from that Committee That it was requisite the Letters should be read in the Assembly which was done accordingly The first was a Letter of 30 January from Dr. Tirrell one of the Irish Agents importing That the Repture of the late Peace did at first seem to both the Courts in France to trench far upon the publick Faith of the Kingdom but when some slight Objections were solidly refuted and full Information given then the Rejection of the Peace was confirmed by the King and Queen of France and by Cardinal Mazarine but when they heard of the Return of the Irish Forces from Dublin they suspected their Weakness and Division wherefore he advises them to unite their Forces and attack that City again and make themselves Masters of the Kingdom and thereby they will regain the good Will of the King and Queen of France And that the Queen and Prince of Wales are coming to Ireland and advises not to agree upon slight Terms for when they come the Irish will have their Wills The second was a Letter from the King of France of 26 September to this effect That being well informed of the Inclinations the Kingdom hath to him he will take a particular Care of their Interests c. The third and fourth were from Cardinal Mazarine containing general Promises and that the Settlement of His Majesty of England would much rejoyce the King of France The Fifth was from Colonel Fitz-Williams Assuring them That if they would provid a good Reception from the Queen and Prince in Ireland most of their Demands would be granted That the Queen denies to have any Power to treat with the Irish but that she will send for it That the French will sââd Ships for Two Thousand Irish That if they aid Antrim in Scotland the Scots must look to their own Country and without them the Parliamentarians can do the Irish no hurt That the Presbyterians and Independents will certainly fall out That the Irish should not decline any of their Proposals for Peace for he is sure they shall have all Only he Supplicates them to leave one Church open in Dublin for the King's Religion lest the
their first Legate to the Pope and Secretary to the Supream Council But to proceed the Supream Council could not deal with the Nuncio and his Party without the Assistance of Insiquin for Owen Roe stood firm to the Nuncio so that on the 11th of June he proclaimed War against the Supream Council altho' he had sworn Fidelity to them but 't is probable the Nuncio absolved him of that Oath Beling 118. and therefore they did not only borrow Five hundred Horse from Insiquin under the Command of Major Doily but did also on the Twenty seventh of May publish a Declaration exhorting the People to their Duty and Defence and did likewise renew their Oath of Association on the 20th of June and the same day declared War against Owen Roe and his Adherents In the mean time the Nuncio the very next day after he had Excommunicated the Supream Council sent them word that he design'd to Indict a National Synod at Athlone but they were so far from approving of that that they ordered the Marquiss of Clanrickard who sided with them ever since this last Cessation with Insiquin and whereof he was a great Instrument and General Preston to besiege Athlone which they accordingly perform'd and took it before Owen Roe could march up to its relief Upon the taking of Athlone the Nuncio went to Gallaway which Town had agreed to the Cessation and therefore all Divine Offices were interdicted and the Churches were shut and the very Ensigns of Authority were forced from the Mayors own House but that Insolence occasioned such a Tumult that if those Badges of Office had not been immediately returned to the Mayor by the same hand that took them it had certainly come to Blows and Blood in the very Streets and as it was two or three Men were slain in the Scuffle when the Archbishop of Tuam caused the Church Doors to be opened by force Review 132. But what is yet more horrible and monstrous is that the Fryars every where Preached unavoidable Damnation to all those that should adhere to the Cessation which Doctrine confounded the silly People to the utmost Degree of Distraction and Madness and yet as if this were not enough when those who had some Sense and Moderation yet left made a Scruple to fight against their near Relations and those of their own Religion for so small a matter the Nuncio for removing those Scruples published the following Declaration IN the Name of God Amen Whereas about Our last Decision concerning the Publication of the Cessation it was objected by some that altho' for the avoiding of some Loss of Temporal Goods they could not with a safe Conscience publish that Cessation yet it is doubted by them whether the same âe not Lawful for the avoiding of such Blood-shed and Slaughter as might follow upon the opposition made against it We by these Presents declare that it is a Mortal sin against God and his Church and a breach of the Oath of Association either to procure or suffer the Publication of that Truce and that Catholicks ought and are bound to undergo the Loss of all their Temporal Goods their Liberty all that is dear to them and even their Life it self rather than publish or obey it This also was the Sense of these Our Words in Our former Decree Nullo modo licet c. And indeed We well know that Men cannot lose their Goods in this Dissension without the Slaughter of some or perhaps of many In Witness whereof We have Signed these Presents with Our own Hands the 13th day August 1648. Jo. Bap. Rin. Jo. Rapoten But before this the Nuncio had on the 13th of July summoned a National Synod to sit at Gallaway on the 15th of August whereupon the Supream Council sent him a Letter of the 26th of July shewing the Inconveniencies of that Congress but it had no effect on him for as he was used to do he persisted obstinately in his own Sentiments Whereupon the Council summoned a General Assembly to meet the 4th of September and about that time Antrim Muskery and Brown returned from their Ambassy to France but when they reported to the Assembly that the Queen and Prince intended to send over the Marquiss of Ormond the Popish Clergy who hated him above all others were dissatisfied to the highest Degree and did all that was possible to betray Killkenny and the Supream Council to Owen Roe and if some * Appendix 41. Letters from Fryar Paul King to the Titular Bishop of Clogher had not been intercepted they had in all probability effected it For that Owen Roe might be at leisure to ruin the Supream Council he did make a Truce with Jones Beling 126. and was so hearty in it that he wrote to the Protestant Bishop of Clogher the following Letter which was intercepted To the most Reverend the Bishop of Clogher MAKE haste to Ballysonan and thence to Catherlogh and I will endeavour to defend you Costologh is joyned with Preston and so ââââpart of the Lord Insiquin's Army all which I will so keep imployed that they shall not be able to hurt you Owen O Neal. But whilst these two Factions were Bandying one against another Insiquin's Army in Munster for want of Supplies which they could not have from England whilst they Acted in opposition to the Parliament was in some Distress whereupon the Colonels Townsend and Doyly by Insiquin's Orders as they averr'd but he denied wrote to the Committee at Derby House That if the Parliament would pay their Arrears and pardon their Defection they would return to their Obedience Hereupon Colonel Edmond Temple was sent over to treat with Insiquin about it but Sir Richard Fanshaw the Princes Secretary got there before him and established Insiquin in His Majesties Service so that Townsend and Doyly were for some time imprisoned and so were Sir William Fenton and Colonel Phair but those last were afterwards Exchang'd for Insiquin's Son then Prisoner in the Tower of London being the Hostage for his Fathers Fidelity and not long after JAMES Marquiss of ORMOND Lord Lieutenant Landed at Cork on the Twenty ninth day of September where he was respectfully received by the Lord Insiquin and his Officers and on the Fourth of October he wrote to the Supream Council that His Majesty had sent him Pursuant to their Requests and that he desired they would send Commissioners to Carrick to treat of a Peace which they readily obeyed and on the Sixth of October his Excellency published a Declaration mentioned Appendix 42. But it may be enquired how it came to pass that when the Confederates desired a Roman Catholick Vice-Roy so passionately and above all other Protestants ahorr'd Ormond as for many other Acts prejudicial to Popery so especially for surrendring Dublin to the Parliament that yet he should be the very Man that should be sent unto them to which it might be answer'd in General and from good Vouchers That Ormond was the Person in the
Name of ourselves and the rest of our Brethren the Archbishops and Bishops of this Kingdom whereby we avow testify declare and protest before GOD and the World That since our General Meeting at Clanmacnoise or here we have omitted nothing that did occur unto us tending to the advancement of his Majesty's Interest and the Good of the Kingdom generally but have there and then ordered and decreed all to us appertaining or which was in our power necessarily conducing to the publick Conservation of his Majesty and his Subjects Interest And also do and have endeavoured to root out of Mens hearts all Jealousies and sinister Opinions conceived either against your Excellency or the present Governmen as by our Acts there conceived maâ appear And aster our parting from thence in pursuance of our unanimous Resolution taken in that place we have accordingly declared to our respective Flocks our happy Agreement amongst ourselves and our earnest desire to labour with them to those ends and made use of our best perswasions for the purchasing of their Alacrity and chearful Concurrence to the Advantage of that Service So that if any thing was wanting of due Correspondence sought by your Ezcellency we conceive it cannot be attributed to any want of care or diligence in us And for further intimation of our hearty desires on all occasions to serve our King and Country we declare That we are not yet deterred for want of good Success in the Affairs of the Kingdom but rather animated to give further Onsets and try all other possible Ways Wherefore we most humbly entreat your Excellency to give us some particular Instructions and to prescribe some Remedies for and touching the Grievances presented by us to your Excellency for pacifying of Discontented Minds and put us in a way how to labour further in so good a Cause And we do faithfully promife that no Industry or Care shall be wanting in us to receive and execute your Conditions And in conclusion We leave to all impartial judicious Persons sad and serious Considerations to think how incredible it is that we should fail to oppose to the uttermost of our power the fearful and inceasing Potency of a Rebellious and Malignant Murderer of our late Soveraign King Charles to which Enemy also nothing seemeth more odious than the Names of Kings and Bishops and who aims at nothing so much as the Dethroning of our now Gracious King Charles the Second and the final Extirpation of our Natives in case as God forbid Events and Successes would fall suitable to his most wicked Designs So far we thought necessary to declare to your Excellency from ourselves as the sence likewise and true meaning of the rest of our Brethren other Bishops of this Kingdom Dated at Loghreogh the 28th of March Anno Domini 1650. Jo. Archiepiscopus Tuamensis Wa. Episcopus Confert Fran. Aladensis Rob. Corcagen Cluanensis Fr. Hugo Episcopus Duacensis But notwithstanding the specious pretences and fair promises in this Declaration they verified Cromwell's observation of them That they prefer'd their own Interest before the King 's and that their professions in favour of Protestants were hypocritical For although they desired Instructions so earnestly as if they meant to observe them yet having received Instruction to bring the City of Limerick to a better temper they did nothing effectually in it though they did colourably send Sir Richard Everard and Doctor Fennell to treat with that City and they carried with them Letters from the Commissioners of Trust to the Mayor and from the Bishops to the Archbishop of Cashell and Bishop of Limerick which if sincerely wrote could not in reason fail of producing some effect But the cause of suspecting their sincerity did not proceed barely from the unsuccessfulness of their Endeavours but also from a discovery of the dishonest manner of their proceedings with the Lords of Ormond and Insiquin whilst they were at Limerick for whilst some of the Prelates and leading Men of that City came to his Excellency under shew of Friendship and Respect and informed him That the Waywardness and Dissatisfaction of the People proceeded from their Aversion to Insiquin who had always prosecuted the War against them with Rigour and Animosity and had defiled himself with the Blood of the Religious at Cashel and of whom they could have no Assurance since his Principal Confidents betrayed the Towns of Munster but if his Excellency would dismiss that Lord and disband his Troops that then the whole Nation as one Man would be at his disposal Another party of Popish Bishops and other leading Men addressed themselves to Insiquin and assured him That they expected no Success under the Conduct of Ormond because he was not of their Nation and was so indulgent to English Interest and English-men that he little regarded them or theirs But if his Lordship who was of the most Ancient and Noble Extraction of Ireland had the Supreme Command then all would be well But these two Lords compared Notes and thereby discovered the bottom of the Contrivance which was to create a Quarrel between them that so they might the easier get rid of them both And indeed from that time forward Ormond had so small hopes of the Irish that he employed the Bishop of Derry to treat with some forreign Prince about transporting 5 or 6000 Men into their Service at usual Rates and he designed to go with them himself and having no means to support Insiquin's Army he did at the importunity of the Commissioners of Trust who were as weary of the Engling as the English were of them disband Insiquin's Forces except Collonel Buller's Regiment which was designed to be sent to the King from Galway And on the first of May Dean Boyle now Lord Primate was employed by Ormond and Insiquin to treat with Cromwell Upon what Terms the Protestants of their Party might be received into Protection In the mean time the King by his Letter of the 11th of March from Beauvois informs the Lord-Lieutenant That one Rochfort from Lieutenant-General Farrell and one Daly disguised under the Name of Dominico de Rosario were with his Majesty and represented Ormond as backward in granting Graces and Favours to the Irish But the King advises him to persevere and if need be rather to exceed in Concessions about Civil Matters than in Matters of Religion and that if there must be farther Concessions in Religion that thân they should be made in general Terms with reference to a future Parliament and gives him full power to do as he sees fit and desires to know whether if he fail with the Scots he may conveniently come for Ireland And indeed this had been the proper time for his Majesty to have come thither and the Marquess of Ormond did invite him to do so and the Queen Mother on the 10th of March 1649 sent the Lord Byron on purpose to press him to the Voyage and to get the Scotch Commissioners consent thereunto And it
Bryan mac William Farral John mac Edmond Farral John Farral Roger mac Bryne Farral Barnaby Farral James mac Teig Faral his Mark. Morgan mac Carbry Farral Donough mac Carbry Farral Richard mac Conel Farral William mac James Farral James Farral Taghna mac Rory Farral Cormack mac Rory Farral Conock mac Bryne Farral Readagh mac Lisagh Farral Connor oge mac Connor Farral Edmond mac Connor Farral Cahel mac Bryne Farral Appendix IV. A Letter from the Lords Justices and Council to King Charles the First to prevent a Peace with the Irish May it please your Most Excellent Majesty WE your Majesties Justices on the 30 th of January last Receiv'd your Majesties Letter of the 11 th of the same We being then in Council at this Board which Letters we then immediately communicated to the Council as we always do in all matters of Importance concerning your Majesties Affairs here By those Letters your Majesty declared that you had sent a Commission to our very good Lord the Lord Marquess of Ormond and others Authorizing them to receive in Writing what the Petitioners Catholicks of Ireland mentioned in those Letters would say or propound and to return the same to your Majesty And by the same Letters your Majesty Commanded us your Justices to give those Commissioners our best assistance and furtherance as there shall be occasion wherein as in all things else we have always done and shall ever do we shall most readily obey your Majesties Royal Commands with all humble Duty and Submission having nothing more in our Care and Endeavours in these perplexed times than to advance your Service and to preserve your Soveraign Rights and Interests here where so dangerous Attempts have of late been made against them by so Aniversal a Conspiracy of the Papists of this Kingdom We do with much Joy of heart Comfort our selves to see your Majesties gracious inclination to hear your Subjects whatsoever they be in themselves and as therein we behold your goodness so we to whose Care and Circumspection your Majesty hath committed the great Trust of this your Kingdom cannot but esteem it a great breach of Duty and Faith in us to be silent in such things as may give light in this important business and which cannot come to your Majesties knowledge but by your Ministers These Petitioners do affirm That they had recourse to Arms for Preservation of your Royal Rights and Prerogatives which if it were true we should be subject to the full Tax of Treachery if we should not with all Zeal and hearty Affection have joined with them And if that had been the true ground of their entring into quarrel with us it should cost little Mony or Blood to the Kingdom of England to reconcile us They well know that before this Rebellion in the Parliament held here and formerly we opposed them several times where we found them vehemently labour to abridge those Prerogatives and antient Rights of the Crown here and to derogate from your Royal Authority in many Parts thereof as by particulars will appear But we must upon full observation of their Courses and Actions since the First breaking out of this unnatural Rebellion unfeignedly affirm That they do but take up this for an excuse of their most odious breach of Faith and Duty to your Most Sacred Majesty their inward intent being as since hath appeared to deprive your Majesty of all those Prerogatives they spake of and even of your Crown and Kingdom resolving also to destroy and extirpate out of this Island as well the true Protestant Religion as also your Majesties most Loyal Brittish Subjects whom they hate chiefly because they Religiously love your Majesty and your Children and in that love were such leaders of them in all their late seeming Acts of Bounty and Duty towards your Majesty as without shameful bewraying their evil hearts they could not shun the same whereat they often shewed much reluctancy as appeared in reducing the subsidies and other things In Vlster where the Rebellion first broke forth it is testified upon Oath by a Gentleman that was a Prisoner amongst the Rebels that he heard one of the Rebels a man of Note amongst them say That if he had your Majesty where he than spake that he would flea you quick but they would have the Kingdom and their will of you Others there said that they had a King of their own in Ireland Others said that they would have an Irish King and regarded not King Charles the King of England Others that they had a new King and had Commission from him for what they did Others that Sir Phelim O Neal should be their King and that they would give a great sum of Mony to have King Charles his Head these Speeches were uttered in several Counties in that Province and by several Parties also those in Vlster devis'd false Prophesies and dispers'd and publish'd them and amongst others things so devis'd by them one Prophesie is said to be that Tyrone or Sir Phelim O Neal should drive your Majesty with your whole Posterity out of England and that You and your Posterity shall be hereafter Profugi in terra aliena in aeternum to which Phelim O Neal Regal Attributes have been given by some of the Rebels and he hath written in a Regal Stile and did Seal Letters with a Seal whereon there was a Regal Crown which we have seen When the Rebellious Lords and Gentry of the Pale and Leinster and after them those of Munster and Conaugh and the Irish in Leinster rose in Rebellion who appeared not in Arms until those in the Pale brake out those in the Pale declared to Assault your Majesties Castle and City of Dublin where reside your Officers of State and where are the Ensigns and Ornaments of your Royal Authority and Soveraignty here and all the Records of your Revenues and Interest which they purposed to Seize and by holding that Place to take away the means for arrival of English here other than by main force to which intent they Assembled in great numbers near this City within two or three Miles round about it having then also strongly Besieg'd your Majesties Port Town of Droghe da as a step to the gaining of this City presuming all this while that no succour should come out of England and all this done not only by the barbarous Rebels of Vlster but also by the degenerate ungrateful Lords and Gentry of the Pale and when by Gods blessing and your Majesties tender care of the remanant of your poor People left yet undestroyed in sending Forces hither we were enabled by your Majesties Forces to beat off those Multitudes and to raise the Siege of Drogheda then as well the Old English as the Irish all Papists and now Rebels which drew themselves farther off and finding that they had not so ready a way to rent the Kingdom out of your Majesties hands as they at first supposed they then found it necessary to fall
to new Consultations how yet to bring their wicked ends and contrivances to full effect making the Seats of their Assembly at the City of Kilkenny there with full advice of their Titular Clergy and Popish Lawyers Without any Authority derived from your Majesty they call a Parliament which being Assembled they turned into a National Assembly utterly strange to the Laws of England and Ireland and to your Majesties Royal Prerogative which they falsely pretend to maintain there they Enacted That no other Temporal Government or Jurisdiction shall be Assumed Kept or Exercised in this Kingdom save what shall be approved by the General Assembly or Supream Council There they set up a new Form of Government utterly opposite to the Laws of England and Ireland and your Royal Authority Ordering a Council for Governing in each County a Council in each Province and a Council for the Kingdom by the Name of The Supream Council of the Confederate Catholicks to be held at Kilkenny or elsewhere they appoint These Councils are to be the ordinary Judicatories to hear and determine all Causes as well touching Life and Member as amply as your Majesties Judges of Oyer and Terminer and Goal-delivery could do and accordingly they give Judgment of Death by Votes against your British Subjects whom otherwise also they Hang and Execute by Warrants of their Commanders and others without Process or other proceedings as also to Hear and Determin all Causes for Goods Chattels and Interests and to establish Rents and Possessions as if a right of Conquest were already vested in them And they Ordain that all Persons of all professions and degrees shall obey their Orders there they establish the Romish Clergy in all the Possessions of the Church throughout the Kingdom and appoint an Oath of Association to be taken in all the Parishes of the Realm there they form Armies and Commanders of all sorts to resist your Majesties Forces and if they may to perfect their intended Conquest of this your Kingdom They appoint Sheriffs Coroners Constables and other Officers in each County to execute their Orders they in some parts have caused their Captains Officers and others to take Oath before their Titular Clergy that they shall not suffer any English or Protestant to live in this Kingdom or bear any Office no not so much as a petty Constable they by their Popish Clergy sollicited with all industry and travel powerful Aids from Foreign parts to Assist them in this Conquest whereby they seem to disclaim all dependance on your Majesty either for Favour or Justice They did set up the Spanish Colours publickly at Wexford amongst the Old English but Papists and Captain Ashly as we are credibly informed did testifie that they had done the like at Gallaway They by the crafty delusion of the Popish Clergy and the contracted hatred of the Papists against the British and Protestants had got into their Possession the most part of the Sea Ports out of which they have murdered or expulsed the English and Protestants which Ports they use as Inlets to all their foreign Supplies having also devised to have Admirals and other Officers at Sea to the End to become Masters of these Seas to your Majesties disherison and prejudice Whether these Expressions and Actions being but a few gathered out of many which we know of them either considered in the barbarous Irish or your better educated Old English or both be natural Streams issuing from a Fountain of real Intention to preserve and maintain your Royal Rights and Prerogative we submit to any equal Judgment In their Petition they say that their Adversaries have misrepresented their Addresses to your Majesty your Majesty may be pleased to remember that we certified thither that their Petition came not hither till the Seventh of August last which we soon after sent thither they having spent all the preceding Winter and the then succeeding Summer in their Courses of Rebellion whilst they had hopes all that time by force to carry the Cause never in all that time making Application in that Nature either to your Majesties Army or your Majesties Ministers that we could hear of until they found your Majesties Forces so to spread and prevail against them as put them in great fear then they betook themselves to the way of Petition having formerly most contemptibly despised and disobeyed your Majesties Proclamation under your own Royal Signature and Privy signet commanding them to lay down Arms then presuming by the Old Irish shift of feigned Profession of Subjection to abuse your Majesties boundless Mercy as their Ancestors had done the Royal Clemency of many of your famous Predecessors in several Ages to the continual Disquiet fruitless Expence and as it fell out dishonour of themselves and their Subjects of England whereof Records and Histories are full And as to their Addresses by Read then a Rebel with them it is most fraudulently alledged for although it be true that in December 1641. a few of the Rebelli ous Noblemen and Gentry of the Pale framed a Petition and delivered it to Read seeming to intend to send him away with it to your Majesty yet he tarried with them unsent until March after at which Time after the Siege of Drogheda raised and that he could no longer live in those parts he rendered himself to the Lord Marquess of Ormond in the Field not coming as a Messenger from them in any such kind and in his Examination he declares that after he had received that Petition he demanded of them several Times when he should be sent away to which they only answered there would be time enough for that they then making account to carry all before them by strength of Arms. And as to their Charge against their Adversaries if thereby they mean us we do unanimously and in all Truth deny our selves to be their Adversaries farther than they are so to your Majesty your Crown and Royal Estate as they are of which their present Condition we are so well assured as we cannot without base Disloyalty shew our selves to them in that behalf other than Adversaries and it cannot be justified or made appear that ever we or any of us have had Contentions with or heart burning against any of them in respect of any our private Interest or Intercourse but have always treated them before this Rebellion as our Friends and your Majesties Loyal Subjects as we then took them to be And where they asperse those Adversaries with the Crime of Bloud committed on their Wives and Children We cannot deny but that in the Course of the War forced by them upon us for our own necessary Defence and for the Preservation of this your State and Kingdom some of their Blood hath been shed by your Majesties Army in Fights with them which we wish they had drawn upon themselves but if they look back upon their own Beginning and proceding in this horrid Rebellion they shall find themselves heavily loaden with the crying
the Pale from appearing at Dublin and forc'd them to defend themselves however they sent his Majesties sworn Servant Lieutenant Collonel Read to represent their Case to his Majesty but he was not only stopped but also Racked at Dublin 10. That the Lord President of Munster by direction of the Lords Justices that Province being quiet put to death Men Women and Children without distinction and mistrusted and threatned the Catholick Nobles and Gentry and Arm'd inferior fellows and the Province of Conaught was used in like manner so that in these Provinces the Catholicks were forc'd on their defence still waiting his Majesties Pleasure and ready to obey his Commands whilst the Lords Justices c. were busie by Addresses to the Malignant Party in England to deprive the Irish of all hopes of his Majesties Justice and Mercy and to plant a perpetual enmity between the Enemy and them 11. That whereas Ireland since the Reign of Hen 2. hath had its own Parliament with equal Power Priviledges c. to that of England and only dependant on the Crown in all which time there is no President that a Statute made in England had any force in Ireland until Enacted there Now by false suggestions an Act of Adventurers 17 Car. hath past in England whereby the Irish unsummon'd and unhear'd are declared Rebels and two Millions and a half of Acres of their Land dispos'd of which Act tho' forc'd on his Majesty and in it self unjust and void yet continues of evil consequence and extream prejudice to his Majesty and totally destructive to the Irish Nation for tho' the scope seems to aim at Rebels only yet the words include all the Irish and takes away many of his Majesties Tenures and much of his Revenue and therefore they protest against it as an Act without President and against the Kings Prerogative and the Fundamental Laws of the Kingdom and by colour whereof the Protestant Army disavow his Majesties Authority and depend on the Parliament 12. That strangers in Dublin being banish'd thence by Proclamation were by direction of the Lords Justices pillaged as soon as they got without the Town and what they left in the Town was confiscated and their desire to return under Protection was denyed that Catholicks quiet and under Protection were by the Lords Justices Order sooner destroy'd plundered or killed than those in Action and Quarter daily violated and others that came to Dublin for retreat and shelter were Imprisoned and Tryed for their Lives and Dublin Cork Youghall Kinsale and Tredagh that opened their Gates to his Majesties Forces are worse us'd than the Israelites in Egypt so that it will be made appear that more murthers breaches of publick Faith and Quarter more destruction and desolation and more cruelty not fit to be nam'd were committed in less than Eighteen Months by the direction and advice of the Lords Justices and their Party of the Council than can be parallel'd to have been done by any Christian people 13. That the Lords Justices have against the fundamental Laws procured several Sessions of Parliament tho' Nine parts of Ten of the genuine Members are absent it being inconsistent with their safety to come under the Power of the Lords Justices and in their room are Clerks Soldiers and Serving-men introduc'd into the House of Commons not at all Elected or not Legally Chosen and not having Estates however they have made Orders and releas'd Traytors Impeach'd in full Parliament and passed or might have passed some Acts against Law and prejudicial to his Majesty and the Nation and have also kept Terms only by false and illegal Judgments and Outlaries to Attaint many thousand good Subjects without Summons or Notice and obscure Men are made Sheriffs and Servants and Mechanicks are made Jurors to pass upon the Lives and Estates of those who came in upon Protection and publick Faith Wherefore and to settle the Revenue and prevent desolation and effusion of Blood and to procure the satisfaction of his Subjects who were willing to imploy 10000 men in defence of his Royal Rights they pray his Majesty to give gracious Answers to these Just complaints and to call a Free Parliament in an indifferent place before some Person of Honor and Fortune of approved Faith to his Majesty and acceptable to the People of Ireland who may be speedily Invested with the Government and that in such Parliament their grievances may be redress'd and Poynings Act suspended pro hac vice and either continued or Repeal'd as shall be thought fit and that no matter whereof complaint is made in this Remonstance may debar Catholicks from Sitting and Voting in such Parliament c. Delivered by the Lord Gormanstown Sir Lucas Dillon Sir Robert Talbot John Welsh Authorized by the Confederates 17 March 1642. to his Majesties Commissioners at Trim to be presented to the King Appendix VI. The Substance of the Answer of the Protestant Committee to the false and scandalous Remonstrance of the inhumane and bloody Rebels of Ireland given unto His Majesty at Oxford in May 1644. THAT the Remonstrants were not necessitated to take up Arms for their Religion for they were not troubled or so much as questioned about it for a long time before the Rebellion nor for His Majesties Prerogative for there were no Opponents of it in Ireland except the Remonstrants who have usurped all the King's Prerogatives as well as the Subjects Estates and have printed an Order of their general Assembly to exclude all Temporal Government and Jurisdiction but what is approved or instituted by that Assembly or the supream Council nor for their Lives Liberties and Estates because they had the Protection of the Law and His Majesties Government and not one Instance can be produced that a Papist quatenus a Papist ever suffered unpunished Violence from a Protestant either in Person or Estate except in open Rebellion And as to the just Liberties of Subjects wherein the Protestants are as much concerned as the Remonstrants they were never so fully and freely enjoyed in Ireland as at the Time of the Insurrection so that there was no Necessity to murther and rob the Protestants for the Preservation of the Confederates Nor have any of their Addresses since the Rebellion been slighted or suppressed Their first was from Cavan of the Sixth of November and received a mild and favourable Answer and was forthwith certified to the Lord Lieutenant The second was from seven Lords of the Pale then in Rebellion who refused upon safe Conduct to come to the State but desired Commissioners might be appointed to confer with them and though such a Condescention was thought dishonorable since it was the others duty to come to the Government yet both the Request and Answer were transmitted to the Lord Lieutenant Their third Address was from the united Lords by the Mediation of the Earl of Castlehaven 23 d. of March when His Majesties Army had raised the Siege of Tredagh and were Masters of the Field however
Remonstrants pretend to justify their Insurrection which nevertheless themselves in their Declaration in Parliament the 16 th of November 1641. have confessed to be traiterous and rebellions and at the same time pretended an Abhorrence of the abominable Murthers and Outrages of the Rebels which now they palliate as a forced taking up of Arms in their own own Defence by discontented Gentlemen Neither was that Declaration forced from them but passed in due course and order and at their own request tho' some of them would have couch'd it in softer terms for fear the Rebels might recriminate but they were outvoted without either violence or threatnings as is most falsly suggested Neither is it true that the Northern Rebels ever sent any Address to the State except the presumptuous Proposition from those of Cavan which was favourably received as hath been already related but it is wisely done of the Remonstrants to pass slightly over the Massacre in Vlster since it is not possible to justifie that barbarous Cruelty In the Proclamation of the 23 of October there is no mention of the Proroguing the Parliament and because some of the Pale did quarrel at the words Irish Papists as if themselves were included therein the Lords Justices issued a Second Proclamation to satisfie them in that Point and tho' there was a necessity of Proroguing the Parliament to avoid concourse to Dublin in that dangerous time yet it was not done without the Kings special Warrant for it who design'd that the Lord Lieutenant should be present at the Session and tho' the Kings Order was to Prorogue it to the latter end of February yet to comply with the Importunity of some of the Remonstrants who were then thought Faithful to the Government the Members were permitted to meet the 9 th of November and Adjorn'd to the 16 th and then Sat two days and shortned the Prorogation to the 11 th of January and tho' in that short Session and that troublesome time it was impossible to pass any of the Graces into Acts yet the Lords Justices did then acquaint the Houses That His Majesty would not depart from any of his former favours promised to them for setling their Estates to such as should remain faithful and Loyal That as to Armed men it was no other than hath been in all Parliaments there before and since viz. the Garrison of the Castle of Dublin in which the Parliament sits always makes a Guard for the Chief Governor and Members of Parliament but neither used Threats committed Violence or presented their Musquets as is unsincerly and untruly suggested nor could the Remonstrants apprehend any danger from this mark of respect shewn them by the Guard if their own inward Guilt had not begat Jealousies in them of what others never thought of for if the Lords Justices would have seiz'd the Persons of some of the Remonstrants upon just Suspitions and violent Presumptions what hindred them certainly nothing but a hopes by mildness and good usage to settle and fix their staggering Loyalty And it is strange that the Remonstrants pretend that any part of the Kingdom was quiet when it appears by Mac Mahon's Examination that the Conspiracy was universal and that the great Towns and Cities would revolt as soon after they did except where the Protestant Inhabitants or his Majesties Soldiers were too strong for them and Collonel Plunket aver'd That all the Catholick Lords had contracted under their hands to joyn in this Insurrection which indefinite expression must be understood to intend all those that did afterwards unite with the Rebels which were indeed all but a very few and he wrote to the Lord Abbot of Melifont that he had been a means to incite the Lords and Gentlemen of the Pale to appear in the blessed Cause then in hand and would use his endeavours night and day ad majorem Dei gloriam And it is to be observ'd that the Collonels John Barry Taaf Garret Barry and Porter who had Warrants to transport four Regiments and were therein Assisted by the Lords Justices did upon several pretences defer it till the 23 d. of October and soon after Garret Barret and his whole Regiment and most of the rest of the Soldiers went into Rebellion and if we add the general discourse amongst the Rebels in Vlster on the 23 d. and 24 th of October exfressing to the plunder'd English an assurance that Dublin was taken and the like mutterings in Munster and Conaught and the antecedent Threats of a general Rebellion and their Consultations at Multifernam mentioned in Doctor Jones his Examination it will be manifest that the Conspiracy was general and premeditated But the Remonstrants suggest that the Lords Justices applied themselves to such powerful Members of Parliament as opposed his Majesty which is like the rest for at that time the King was in Scotland and there was no difference between his Majesty and the Parliament except in relation to the Earl of Strafford whom the Remonstrants most violently prosecuted besides the Lords Justices did not sent to the Parliament at first but on the 25 th of October sent one Express to the King and another to the Lord Lieutenant according to his Majesties former Orders and seeing themselves by the generality of the Rebellion necessitated to invoke all Powers that could Assist them they did on the 5 th of November and not before write to the Privy Council and to the Speakers of both Houses and they sent Duplicates of those dispatches to his Majesty the very same day And tho' it was the highest reason that could be that the Lords Justices should first Arm the Protestant Subjects whom they might confidein for the defence of their own Lives and the Government yet they did also issue Arms to such Papists as they had any hope of and particularly 1700 Arms to those of the Pale some of which were recovered again but most of them were perfidiously made use of against the State neither were the Catholick Inhabitants of Dublin Disarm'd until those of the Pale had declared themselves in Rebellion and then their Alliance and Correspondence with the others made that Action necessary Arms were likewise sent to Wexford Waterford and Trim and Letters of Encouragement to those places and to Gallway The Order of Parliament to Pardon the Irish was publish'd in Print the 12 th of November and dispersed into all parts of the Kingdom but without any more effect than the Lords Justices Proclamation of Pardon of the 30 th of October met with and the Lords Justices Proclamation of the First of November to Pardon those of the Counties of Louth Westmeath Meath and Longford except Freeholders and Murderers was drawn by Mr. Nicholas Plunket and other Members of Parliament and thereupon some few submitted but never restor'd what they had plunder'd from the Protestants but soon after Apostatiz'd into Rebellion again neither did they shew any more respect to his Majesties own Proclamation under his Royal Signet nor
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 â 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 aâaârs 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 Cirouâistances 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
Preston's Oath I Swear and Protest that I will adhere to the present Vnion of the Confederate Roman Catholicks that reject the Peace lately agreed and proclaimed at Dublin and will do nothing by Word Deed Writing Advice or otherwise to the prejudice of that Vnion and will to the uttermost of my Power advance and farther the good and preservation of it and of His Majesties Rights and the Priviledges of Free-born Subjects to the Natives of this Kingdom So help me God Appen XXXIII The Marquess of Clanrickard's Engagement on the renewal of the Peace of 1646. UPON the Engagement and Protestation of the Generals Nobility and Officers of the Confederate Catholick Forces hereunto annexed I Vlick Marquess of Clanrickard do on my part solemnly bind and engage my self unto them by the Reputation and Honour of a Peer and by the sacred Protestation upon the Faith of a Catholick in the Presence of Almighty God that I will procure the ensuing Undertakings to be made good unto them within such convenient time as Securities of that Nature which are to be fetcht from beyond Seas can be well procured or failing therein to unite my self to their party and never to sever from them and their Interests till I have secured them unto them First that there shall be a revocation by Act of Parliament of all the Laws in force within this Kingdom in as much as shall concern any Penalty Inhibition or Restraint upon Catholicks for the free Exercise of their Religion Secondly that they shall not be disturbed in the Enjoyment of their Churches or any others Ecclesiastical Possessions which were in their hands at the Publication of the last Peace until that matter with other referred already receive a Settlement upon a Declaration of His Majesties gracious intentions in a free Parliament held in this Kingdom His Majesty being a in free Condition himself And I do further engage my self never to consent to any thing that may bring them in hazard of being dispossessed and never to sever from them till I see them so secur'd therein either by Concession or by their Trust and Power from His Majesty in the Armies and Garrisons of this Kingdom as to put them out of all danger of being dispossessed of them And I do further engage my self that forthwith there shall be a Catholick Lieutenant-General of all the Forces of the Kingdom invested by His Majesties Authority that the Generals or either of them signing to the said Engagement shall be forthwith invested by His Majesties Authority with principal Commands worthy of them in the standing Army of this Kingdom and likewise in some important Garrison now under His Majesties Obedience and that a considerable Number of the Confederate Catholick Forces shall immediately be drawn into all the chief Garrisons under His Majesties Obedience And I do further assure proportionable Advantages to such of any other Armies in this Kingdom as shall in like manner submit uuto the Peace and His Majesties Authority That for security of as many of these particulars as shall not forthwith be performed and made good unto them by the Lord Marquess of Ormond I will procure them the King's Hand the Queens and Prince of Wales's Engagement and an Engagement of the Crown of France to see the same performed unto them and farther for their Assurance that my Lord Lieutenant shall engage himself punctually to observe such free Commands as he shall receive from His Majesty to the Advantage of the Catholicks of this Kingdom or during the King's want of Freedom from the Queen and Prince of Wales or such as shall be signified unto him to the samâ effect to be the King 's positive Pleasure by the Lord Digby as principal Secretary of State and further that whilst the King shall be in an unfree Condition he will not obey any Orders which shall be procured from His Majesty by advantage of His Majesties want of Freedom to the Prejudice of what is undertaken And lastly I do protest that I shall never esteem my self discharged from this Engagement by any Power or Authority whatsoever Provided on both parts that this Engagement and Undertaking be not understood or extended to debar or hinder His Majesties Catholick Subjects of this Kingdom from the benefit of any further Graces and Favours which His Majesty may be graciously induced to concede unto them upon the Queens Mediation or any other Treaty abroad And I do farther engage my self to employ my utmost Endeavours and Power by way of Petition Solicitation and Perswasion to His Majesty to afford all the Subjects of this Kingdom that shall appear to have been injured in their Estates Redress in the next free Parliament I do also further undertake that all Persons joyning or that shall joyn in the present Engagement shall be included in the Act of Oblivion promised in the Articles of Peace for any Acts done by them since the Publication of the said Peace unto the Date of the said Engagement Dated November the Nineteenth 1646. Clanrickard Appen XXXIV The Engagement of General Preston and his Officers to the Lord Lieutenant WE the Generals Nobility and Officers of the Confederate Catholick Forces do solemnly bind and engage our selves by the Honour and Reputation of Gentlemen and Soldiers and by the sacred Protestation upon the Faith of Catholicks in the Presence of Almighty God both for our selves and as much as in us lies for all Persons that are or shall be under our Comand that we will from the Date hereof forward submit and conform our selves entirely and sincerely to the Peace concluded and proclaimed by His Majesties Lieutenant with such additional Concessions and Securities as the Right Honourable Vlick Lord Marquess of Clanrickard hath undertaken to procure and secure to us in such manner and upon such terms as is expressed in his Lordship's Undertakings and Protestation of the same Date hereunto annexed and signed by himself And we upon his Lordship's Undertaking engage our selves by the Bond of Honour and Conscience abovesaid to yield entire Obedience to His Majesties Lieutenant General and General Governour of this Kingdom and to all deriving Authority from them by Commission to command us in our several Degrees And that according to such Orders as we shall receive from them faithfully to serve His Majesty against all his Enemies or Rebels as well within this Kingdom as in any other part of his Dominions and against all Persons that shall not joyn with us upon these Terms in submission to the Peace of this Kingdom and to His Majesties Authority And we do further engage our selves under the said solemn Bonds that we will never either directly or indirectly make use of any Advantage or Power wherewith we shall be intrusted to the obliging of His Majesty or His Ministers by any kind of force to grant unto us any thing beyond the said Marquess of Clanrickard's undertaking but shall wholly rely upon His Majesties own free Goodness for what further Graces and
continue free Traffick and Commerce with all his Majesties good Subjects of England and that we will not in the least manner prejudice any of them that shall have recourse to our Harbours either in their Bodies Ships or Goods nor shall we take any thing from them without payment of ready mony for the same And now that by his Majesties said Command we have proceeded to re-enter upon the work of his service in this Province we conceive no higher Testimony can be be given of his Majesties acceptation or of the estimation we bear about us towards their proceeding than by resorting unto them in person with his Majesties Authority and exhibiting unto them the incouragement and satisfaction they may receive in this assurance that as we bear an especial regard to their present undertakings and performances accompanied with a real sense of their former sufferings so least there should any advantage be derived unto those who endeavour to improve all opportunities of sowing sedition and distrust by this suggestion that the former differences in judgement and opinion which have induced persons to serve diversly under his Majesty and the Parliament will occasion prejudice or ill resentments to arise towards such Persons as have not formerly concurred in judgment with others in his Majesties service We do declare that we are qualified with special Power and Authority from his Majesty to assure them that no distinction shall be made in any such consideration but that all persons now interested and engaged in this cause shall be reflected upon with equal favour and regard and that we shall make it our endeavours so to improve and confirm his Majesties Gracious disposure towards them as that we will never call to memory any past difference in Opinion Judgment Action or Profession to the prejudice of any Member of this Army or any person relating to it but on the contrary shall be very ready to attest our good affections towards them in the discharge of such good Offices as shall be in our power in return whereof we shall only expect their perseverance in their present ingagements for his Majesties service with such alacrity constancy and affection as may suit with their late publick Declaration and Professions To whom we desire this assurance also may be inculcated that as we shall in the future use our utmost care and diligence to provide for their preservation from the like hardships to those they have formerly undergone so we have already employed our best industry and endeavours for the settlement of such a course as we may with most reason hope will in these uncertain times produce a constant and competent subsistence for them enabling them to make such a progress in their present undertakings as may with the accomplishment of the great ends thereof establish their own Honour and content Thus much we have thought fit to publish unto the world to furnish it with an evidence of strong conviction against us if we ever swerve to the best of our power from the just ways of maintaining the true Protestant Religion the Honour and Interest of his Sacred Majesty the just Rights of Parliament the Liberties of the Subjects and the safety quiet and wellfare of the people instrusted to our Care At Cork 6 Octob. 1648 Append. XLIII Articles of Peace made concluded accorded and agreed upon by and between his Excellency James Lord Marquess of Ormond Lord Lieutenant General and General of his Majesties Kingdom of Ireland for and on the behalf of his most Excellent Majesty by vertue of the Authority wherewith the said Lord Lieutenant is instrusted on the one part And the General Assembly of the Roman Catholicks of the said Kingdom for and on the behalf of His Majesties Roman Catholick Subjects of the same on the other part HIs Majesties Roman Catholick Subjects as thereunto bound by allegiance duty and nature do most humbly and freely acknowledge and recognize their Soveraign Lord King Charles to be lawful and undoubted King of this Kingdom of Ireland and other his Highness ' s Realms and Dominions And his Majesties said Roman Catholick Subjects appreheuding with a deep sence the sad condition where unto His Majesty is reduced As a farther testimony of their Loyalty Do declare that they and their posterity for ever to the utmost of their power even to the expence of their blood and fortunes will maintain and uphold His Majesty His Heirs and lawful Successors their Rights Prerogatives Government and Authority and thereunto freely and heartily will render all due obedience Of which faithful and loyal recognition and declaration so seasonablly made by the said Roman Catholickes His Majesty is graciously pleased to accept and accordingly to own them His loyal and dutiful Subjects And is further graciously pleased to extend unto them the following graces and securities 1. IMprimis It is concluded accorded and agreed upon by and between the said Lord Lieutenant for and on the behalf of His most Excellent Majesty and the said General Assembly for and on the behalf of the said Roman Catholick Subjects and his Majesty is graciously pleased that it shall be enacted by Act to be passed in the next Parliament to be held in this Kingdom that all and every the Professors of the Roman Catholick Religion within the said Kingdom shall be free and exempt from all Mulcts Penalties Restraints and Inhibitions that are or may be imposed upon them by any Law Statute Usage or Custom whatsoever for or concerning the free exercise of the Roman Catholick Religion And that it shall be likewise enacted that the said Roman Catholicks or any of them shall not be questioned or molested in their Persons Goods or Estates for any matter or cause whatsoever for concerning or by reason of the free exercise of their Religion by vertue of any Power Authority Statute Law or Usage whatsoever And that it shall be further enacted That no Roman Catholick in this Kingdom shall be compelled to exercise any Religion Form of Devotion or Divine Service other than such as shall be agreeable to their Conscience and that they shall not be prejudiced or molested in their Persons Goods or Estates for not observing using or hearing the Book of Common-Prayer or any other Form of Devotion or Divine Service by vertue of any Colour or Statute made in the second Year of Queen Eliz. or by vertue or colour of any other Law Declaration of Law Statute Custom or Usage whatsoever made or declared or to be made or declared And that it shall be further enacted that the Professors of the Roman Catholick Religion or any of them be not bound or obliged to take the Oath commonly called the Oath of Supremacy expressed in the Stat. of 2 El. c. 1. or in any other Statute or Statutes And that the said Oath shall not be tendered 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
conventionem dicti Reverendissimus D. Nicolaus D. Hugo Procuratores nostri aut quilibet illorum aget concludet aut determinabit virtute hujus nostrae Commissionis Dat. Galuiae quinto Octobris anno Domini 1650. Franciscus Aladensis Episcopus Procurator D. Joannis Archiepiscopi Tuamensis Fr. Thomas Archiep. Dublimensis Hiberniae Primas Joan. Rapotensis Episcopus Procurator Primatis Ardmachani Walterus Clonfertensis Episcopus Procurator Lacghiniensis Episcopi Fr. Antonius Episcopus Clanmacnosensis Fr. Arthurus Dunen Coneren The Commission to the Bishop of Fernes and Sir James Preston In Dei Nomine Amen MEmorandum quod anno Domini 1651. die vero mensis Aprilis septimo nos infra scripti tam nostro quam omnium fere Procerum Nobilium ac Popularium Catholicorum Regni Hiberniae Nominâ nominibus quorum sensuum in hac parte consensuum certam exploratam notitiam habemus nominavimus constituimus elegimus deputamus omnibus quibus possumus modo via jure ac ratione Procuratores Agentes negotiorum nostrorum Gestores generales speciales ita ut specialitas generalitati non deroget aut è contra conjunctim etiam divisim si ita opus fuerit in casu mortis aut alterius inevitabilis necessitatis Reverendissimum in Christo Patrem ac Dominum D. Episcopum Fernensem clarissimum ac nâbilissimum D. D. Jacobum Prestonium Equitem Auratum ut supra ad agendum tractandum consulendum ac firmiter concludendum cum serenissimo Principe Carolo Duce Lotharingiae quem in Regium Protectorem Regni Hiberniae eligimus nostro omniumque praefarorum nominibus ad agendum cum praefata sua Celsitudine tam in super negotio principâli Protectionis memoratae quam in de aliis articulis propositionibus postulatis nostris conventis non conventis tale negotium quomodo concernentibus cum omnibus annexis connexis emergentibus dependentibus aliqua ratione concernentibus generaliter omnia alia in praemissis agendi faciendi ac si nos ipsi praesentes essemus Et quicquid in praedictis fecerint concluserint tractaverint consenserint convenerint cum praefato serenissimo Duce Lotharingiae seu cum ejus haeredibus aut assignatis suis seu cum ejus eorumque agentibus legatis procuratoribus seu aliis quibuscunque mandatum potestatem ad id specialem habentibus uno vel pluribus nos ratum gratum aeceptum habituros promittimus per presentes Et ad id nos ipsos Successores Haeredes nostros aliosque quos possumus in perpetuum obligamus Datum sub signis sigillis nostris anno dieque quibus supra in Praesentia testium infra scriptorum Galviae in Provincia Conaciae Regno Hiberniae praesentis mansionis nostrae seu refugii loco Fr. Thomas Archiepiscopus Dubliniensis Hiberniae Primas Robertus Corcagien Cloanen Episcopus Fr. Antonius Clunamacnosensis Episc Procurator Primatis Hiberniae Walterus Cluanfertensis Procurator Laghlinensis Franciscus Aladensis Episcopus Et nos major seu praetor Galuiensis confirmamus nostris Suffragriis ratificamus praedictum procuratorium et personas in eo nominatas nostros etiam procuratores ut supra constituimus die anno quibus supra cum infra scriptis de concilio nostro Append. XLVIII The Declaration and Excommunication of the Popish Clergy at Jamestown A DECLARATION of the Archbishops and other Prelates and Dignitaries of the Secular and Regular Clergy of the Kingdom of Ireland against the Continuance of his Majesty's Authority in the Person of the Marquess of Ormond Lord Lieutenant of Ireland for the Misgovernment of the Subject the ill Conduct of his Majesty's Army and the Violation of the Articles of Peace Dated at Jamestown in the Convent of the Friars Minors August 12. 1650. THE Catholick People of Ireland in the Year 1641 forced to take up Arms for the Defence of Holy Religion their Lives and Liberties the Parliament of England having taken a Resolution to extinguish the Catholick Faith and pluck up the Nation root and branch a powerful Army being prepared and designed to execute their black rage and cruel Intention made a Peace and published the same the 17th of January 1648 with James Lord Marquess of Ormond Commissioner to that effect from his Majesty or from his Royal Queen and Son Prince of Wales now Charles II hereby manifesting their Loyal Thoughts to Royal Authority This Peace or Pacification being consented to by the Confederate Catholicks when his Majesty was in Restraint and neither He nor his Queen or Prince of Wales in condition to send any Supply or Relief to them when also the said Confederate Catholicks could have agreed with the Parliament of England upon as good or better Conditions for Religion and the Lives Liberties and Estates of the People than were obtained by the above Pacification and thereby freed themselves from the Danger of any Invasion or War to be made upon them by the Power or England where notwithstanding the Pacification with His Majesty they were to dispute and fight with their and his Enemies in the three Kingdoms Let the World judg if this be not an undeniable Argument of Loyalty This Peace being so concluded the Catholick Confederates ran sincerely and cheerfully under his Majesty's Authority in the Person of the said Marquess of Ormond Lord Lieutenant of Ireland plentifully providing vast Sums of Moneys well nigh half a Million of English Pounds besides several Magazines of Corn with a fair Train of Artillery great Quantity of Powder Match Amunition with other Materials for War After his Excellency the said Lord Lieutenant frustrating the Expectation the Nation had of his Fidelity Gallantry and Ability became the Author of almost losing the whole Kingdom to God King and Natives which he began by violating the Peace in many Parts thereof as may be clearly evidenced and made good to the World I. The foresaid Catholicks having furnished his Excellency with the aforesaid Sum of Mony which was sufficient to make up the Army of 15000 Foot and 2500 Horse agreed upon by the Peace for the preservation of the Catholick Religion our Sovereign's Interest and the Nation his Excellency gave Patents of Colonels and other Commanders over and above the Party under the Lord Baron of Inchiquin to Protestants and upon them consumed the Substance of the Kingdom who most of them afterwards betrayed or deserted us II. That the Holds and Ports of Munster as Cork Youghall Kingsale c. were put in the Hands of faithless Men of the Lord of Inchiquin's Party that betrayed the Places to the Enemy to the utter endangering of the King's Interest in the whole Kingdom This good Service they did his Majesty after soaking up the Sweat and Substance of his Catholick Subjects of Munster where it is remarkaable that upon making the Peace his Excellency would no way allow his Loyal Catholick Subjects of Cork Youghall Kingsale and other Garisons
delivered to the Commissioners of Trust in February last that the Clergy and Laity receiving Redress or Justice the Discontent of the Subject might be removed no Amendment appeared after eight Months effluxed but the Evil still continued that occasioned the Ruine of the Nation And we also protest to the whole World having done our best we have no Power to remove the Jealousies and Fears of the People Besides the above Injuries and Violation of the Articles of the Peace against Religion the King's Interest and the Nation nothing appearing before the Eyes of the People but Desolation Waste Burning and the Destruction of the Kingdom three parts of four thereof being come under Contribution to the Enemy Cities Towns and strong Holds taken from them Altars pulled down Churches lost Priests killed and banished Sacraments and Sacrifices and all things holy profaned and almost utterly extinguished Armies and great numbers of Souldiers by them maintained and the Enemy not fought withal those that would fight for them born down and those that would betray them cherished and advanced finally no visible Army or Defence appearing they are come to despair of recovering what is lost or defending what they hold and some inclining for safety of their Lives and Estates do compound with the Parliament perswading themselves no Safety can be to any living under the Government of the LORD LIEUTENANT attended by Fate and Disaster For prevention of these Evils and that the Kingdom may not be utterly lost to his Majesty and his Catholick Subjects this Congregation of Archbishops Bishops and other Prelates and Dignitaries of both Clergies of this Kingdom found our selves bound in Conscience after great Deliberation to declare against the continuance of his Majesty's Authority in the Person of the said Lord Marquess of Ormond premitting this Protestation to the World â that we had never come to such Declaration but that we and the People of this Kingdom generally despair of the Kingdom 's Recovery under his Government as hereby we do declare as well in our own Names and behalf as in the Names and behalf of the rest of the Catholicks of this Kingdom against him the said Marquess of Ormond having by his Misgovernment ill Conduct of his Majesy's Army and the Breach of Publick Faith with the People in several particulars of the Articles of the Peace render'd himself uncapable of continuing that great Trust any longer being questionable before his Majesy for the said Injuries and ill Government to which effect we will joyn with other Members of this Kingdom in drawing a Charge against him and we do hereby manifest to the People they are no longer obliged to obey the Orders and Commands of the said Lord Marquess of Ormond but are until a general Assembly of the Nation can be conveniently called together unanimously to serve against the common Enemy for the Defence of the Catholick Religion his Majesty's Interest their Liberties â Lives and Fortunes in pursuance of the Oath of Association and to observe and obey in the mean time the Form of Government the said Congregation shall prescribe until it be otherwise ordered by an Assembly or until upon application to his Majesty he settle the same otherise And we do fulminate the annexed Excommunication of one Date with this Declaration against all the Opposers of the same Declaration All the good Christians and Catholicks that shall read this our said Declaration forced from us by the Affliction and Disaster of distressed Ireland be pleased to know that we well understand the present Condition of this Nation is more inclining to Ruin and Despair than Recovery yet will we relie upon the Mercy of God who can and will take off from us the heavy Judgment of his Anger War and Plague if we shall amend our wicked Lives and lean like little ones upon the Arms of his Mercy as we cry to him for Remedy let us confess with Tears our Sins saying with the Prophet Isaiah Câcidimus quasi folium universi iniquitates nostrae quasi ventus abstulerunt nos non est qui invocet nomen taum Domine non est qui consurgat teneat te abscondisti faciem tuam à nobis allisisti nos in manu iniquitatis nostrae This Language from the Heart will reconcile Heaven to us Et quiescat ira Dei erit placabilis super neâuitia populâ sui Though this Noble-Man hath left us nothing but Weakness and Want and Desolation and that the Enemy is rich strong and powerful God is stronger and can help us and for his own Name-sake will deliver us Dominus Eliae the God of Wonders and Miracles erit etiam nunc apud Hibernos if our Faith prove strong and our Actions sound and sincere We will conclude with St. Paul that Ocean of Wisdom and Doctor of Nations Si Deus pro nobis quis contra nos quis accusabit adversus electos Dei Deus est qui justificat quis est qui condemnat quis ergo nos separabit à charitate Christi Tribulatio an Angustia an Fames an Nuditas an Periculum an Persecutio an Gladius sed in his omnibus superamus propter âum qui dilexit nos Let nothing separate you from that burning Charity of Christianity and God will ever preserve protect and bless you H. Ardmacan Jo. Archiâp Tuam Jo. Rapotens Eugen. Killmor Fran. Aladen Nic. Fermens Procurator Dublin Fr. Anton. Clonmacnocens Walt. Clonfert Procurator Leighlinens Fr. Artur Dunens Connor Procurator Dromorens Fr. Hugo Duacensis Fr. Gul. de Burgo Provincialis Hiberniae Ordinis prââdicat Jac. Abbas de Conga Comiss generalis Canon Reg. S. Aug. Fr. Thom. Keran Abbas de Duellio Carol. Kelly S. Theologiae Doctor Decan Tuam Fr. Bernard Egan Procurator R. admodum P. Provincial fratrum minorum Fr. Ricar O Kelly Procur Vic. Generalis Kildare Prior Rathbran Ord. predicat Thad Eganus S. Th. D. praepos Tuam Luc. Plunket S. Th. D. Proton Apostolicus Rector Collegii de Kellecu exercitus Lageniâ Capellan major Jo. Doulaeus juris Doc. Abbas de Kilmanach unus ex procuratoribus Capit. Cler. Tuam Gual Enos S. T. D. Protonot Apostolicus Theâaur Fernen procurator prepositi Ecclesiae Collegiaâae Galviensis And we the under-named sitting at Galloway with the Committee authorized by the Congregation held at James-Town 6. Augusti currentis do concur with the above Arch-bishops Bishops and other Prelates and Dignitaries in the above Declaration and withal do now make firm the same as an Act of our own by our several Subscriptions this 23d of August 1650. Thomas Cashell J. Laonen Episcopus Edmun. Limiricen Rob. Corcag Cluan Fr. Teren. Immolâcen Jac. Fallon Vic. Apostolicus Acaden The Excommunication mentioned in the above Declaration WHereas we the underwritten Arch-bishops Bishops and other Prelates and Dignitaries sitting in this our present Congregation at James-Town with the Consent and Approbation of the rest through the Dangers of these distracted Times
To him immediately repaired the King of Leinster Regan contra Fitz-Stephens Fitz-Gerald and Reymond Le Gross this last was made General of the Field and the next Day goes to assault Waterford by Land and Water after two Repulses Reymond perceived a Cabbin on the Wall propt with Timber on the out-side immediately he caused the Prop to be cut so that the House fell and with it part of the Wall at which Breach the English entred 23 August Regan ransack'd the City and slew every one they found in Arms except O Philim Prince of Decies and one Reginald whom they imprisoned Then was Eva Daughter of the King of Leinster married to the Earl according to the former Capitulations And soon after the Army marched to Dublin through the Mountains of Glandelogh the ordinary Road being guarded or made unpassible by the Dublinians who had again rebelled Dermond hated the Dublinians exceedingly because they had murthered his Father and in Derision buried him with a Dog However at the Intercession of the Archbishop Laurence he treated with them but the Time allotted for the Treaty Regan M. S. being expired Reymond and Miles Cogan took Advantage thereof broke into the City and sack'd it with great Slaughter but Hastalphus the Governour and some of the better sort with their Riches escaped by Sea Miles Cogan being left Governour of Dublin Strongbow 1171. at the Intercession of Dermond invades Meath which he burns and spoils Whereupon Rotherick upbraids Dermond's Perfidiousness and unless he will observe the late Peace threatens to behead his Son Cothurnus who was Hostage thereof Which upon Dermonds surly answer That he would proceed to conquer Connagh his ancient Ineritance was accordingly performed The Archbishop assembles a Synod at Armagh Hanmer 125. to enquire into the Causes of God's Anger which being met and pretermitting the Symony of the Prelates the Ignorance and Negligence of the Priests the Lechery and Exorbitances of the Clergy lay all upon the Laity and concluded That God was offended for selling the English as Bond men and therefore they decree That all the Englishmen be manumis'd But King Henry Hanmer 126. upon the Report of these Victories became jealous of Strongbow and therefore by Proclamation forbids the Transportation of any thing out of his Dominions to Ireland and commands all the English to return before Easter Speed 474. and to stop their farther Proceedings in Ireland on pain of forfeiting their Estates in England Whereupon the Earl used all possible means to appease the King and sent Reymond le Grosse as his Agent to submit his Conquests to his Majesties Pleasure The King who was then in Aquitain gave Reymond very good Words nevertheless he still kept a hard hand on the Adventurers In the mean time Hastulphus 1172. late Governour of Dublin returned about Whitsontide with sixty Ships Regan says 10000. and a smart Party of good Soldiers well arm'd and provided he attack'd the City of Dublin on the east Side thereof Miles Cogan the Governour boldly made a Sally but was beaten back with Loss Which his Brother Richard Cogan perceiving he issued out of the South-gate and came in the Rear of the Enemy which so surprized them that after a small Resistance they were entirely defeated Hastulphus himself was taken and it was designed to keep him Prisoner in Hopes of Ransome but being brought before the Governour he foolishly boasted what he would do at the next Invasion and therefore to prevent it he was immediately beheaded About the Calends of May Dermond Mac Morough King of Leinster died at Ferns 1172. whereupon Strongbow immediately repaired to Dublin to keep that City quiet if possible but by the King 's aforesaid Proclamation he was debarr'd of Supply either of Men or Victuals and thereby was reduc'd to great Distress Rotherick observing Strongbow's weak Condition confederated with Gothred Regan M. S. King of the Isle of Man and all the chief Men of Ireland and having got together thirty Ships and thirty thousand Men they besieged Dublin both by Land and Water whereunto they were encouraged by Laurence Archbishop of that City At the same time the Men of Kensile and the People of Wexford to the number of three thousand besieged Fitz-Stephens in his Castle of Carrig which he was then repairing and fortifying they reduc'd the poor old Britain to the last Extremity Nevertheless his Courage did not fail but with his small Company being five Gentlemen and a few Soldiers he made such a Reisistance that the Besiegers despaired to reduce him by Force and therefore they resolved to make use of a Stratagem which proved effectual at this Time and therefore hath been too often practised in Ireland on other Occasions They brought the Bishops of Wexford and Kildare a Mass-Book the Eucharist and certain Reliques and by them solemnly swore That Dublin was taken and that all the English found therein were slain and that Rotherick was marching towards them to finish the Siege of Carrig and that they in Favour of Fitz-Stephens and in Contemplation of his great Generosity and Valour offered him this Opportunity to put him and his Company on board a Ship that they might safely return into Wales before Rotherick and his enraged Army should arrive The good old Man was wheedled with this Perjury Stainhurst 120. and surrendred his Castle which being done some of his People were perfidiously murthered and himself and the rest were kept in Prison Strongbow was in the mean time reduc'd to great Distress in Dublin his English Soldiers not exceeding the Number of six hundred Regan M. S. nevertheless having no Opinion of the Courage or Integrity of the Irish he refused to mix with them or to admit any of them into his Service except Donell Cavenah Mac Gely and O Carvi but being farther pressed he would have accepted of any Reasonable Conditions he offered to hold Leinster of Rotherick and to become his Man that is to do him Fealty but Rotherick would not hear of any thing but an absolute Surrender Hereupon the Condition of the Irish was secure and that of the English was desperate Rotherick was bathing and solacing himself and his Army in a licentious and loose Posture when Strongbow and his small Garrison resolving to sell their Lives at the dearest rate they could made an unexpected Salley into the Irish Quarters Reymond le Gross with twenty Knights and a small Brigade led the Van Miles Cogan with thirty Knights and his Party followed and Strongbow and Fitz-Girald with forty Knights and the rest of the Garrison brought up the Rear The Consequence of this bold Attempt was an entire Victory for the Irish being surpriz'd and out of Order neither could nor did make any considerable Resistance but were soon put to Flight with the loss of one thousand five hundred Men. The next Day Strongbow marched to Wexford through the Barony of Idrone to relieve Fitz-Stephens amongst the
Fastnesses of that Country at a Place called the Earls Pace he was briskly assaulted by O Rian and his Followers but O Rian being slain by an Arrow shot at him by Nichol the Monk the rest were easily scattered and many of them slain It was here that Strongbow's only Son a Youth about seventeen Years old frighted with the Number and Ululations of the Irish run away from the Battle and made towards Dublin but being informed of his Fathers Victory he joyfully came back to congratulate that Success but the severe General having first reproach'd him with Cowardize caused him to be immediately executed by cutting him off in the Middle with a Sword so great an Abhorrence had they of Dastardliness in those Days that in imitation of the Old Romans they punish'd it with a Severity which how commendable soever it may be in a General was nevertheless unnatural in a Father The Tomb both of Father and Son is yet to be seen in the Body of Christ-Church in Dublin whereon formerly was this bald Epitaph alluding to this Story Nate ingrate Hanmer 147. mihi pugnanti Terga dedisti Non mihi sed Genti Regno quoque Terga dedisti When Strongbow came near Wexford he received the ill News of Fitz-Stephens his Misfortune as also that the Irish had burnt Wexford and were retired to the Island Begory or Betherni and were resolved to kill Fitz-Stephens if they were farther pursued Wherefore he turned aside towards Waterford and march'd to that City where he met Hervy who was returned with Letters from the King wherein the Earl was ordered immediately to repair into England Strongbow presently obeyed and met the King at Newnham near Glocester on his Journey towards Ireland with an Army The Earl behaved himself so dutifully that the King was soon appeased for Strongbow did not only renew his Fealty but did also surrender to the King the City of Dublin and two Cantreds adjoyning and all Forts and Towns bordering on the Sea And on the other side the King was contented that the Earl should enjoy all the rest to him and his Heirs to be held of his Majesty and his Successors and so they marched by Severn-side through South Wales to Pembrook August 1172. and at length embarqu'd at Milford Haven In the mean time O Rorick and the King of Meath took Advantage of Strongbow's Absence in England and Reymond's at Waterford and with their united Forces besieged Dublin But Miles Cogan had the Courage to sally and the Good Fortune to defeat them with the Slaughter of Orourk's Son and many of his Followers On the eighteenth of October Regan M. S. King Henry arrived at Waterford with four hundred Knights and four thousand Soldiers The People of Wexford came with the first to make their court and complimented him with their Prisoner Fitz-Stephens whom the King continued in Prison and smartly chid him for invading Ireland without his Majesties special Licence But this was but a piece of King-craft to ingratiate with the Irish and to get the City of Wexford which Fitz-Stephens was forc'd to part with and to make his humble Submission and then at the King 's second coming to Waterford he was restored to his Liberty and the rest of his Estate To the King at Waterford came Dermond Mac Carthy King of Cork and voluntarily submitted and swore Allegiance He also agreed to pay a certain annual Tribute which being done the King marched to Lismore and thence to Cashel near which on the Banks of the Shure came Daniel O Bryan Prince of Limerick who in like manner submitted and swore Allegiance Whereupon Garrisons were sent to Cork and Limerick and the King returned to Waterford In like manner submitted Daniel Prince of Ossory O Phelin Prince of Decyes and all the great Men of Munster And the King gave each of them a Present and to all of them gracious and kind Reception All the Archbishops Brady 360. Bishops and Abbots of Ireland came unto the King of England at Waterford and received him as King and Lord of Ireland and sware Fealty to him and his Heirs and from every Archbishop and Bishop he received a Chart by which they acknowledged and constituted him King and submitted unto him and his Heirs as their Kings for ever And according to their Example the foresaid Kings and Princes received him as King and Lord of Ireland and became his Men and swore Fealty to him and his Heirs against all Men. These Charters were transcrib'd and the King sent the Transcripts to Pope Alexander who confirm'd by Apostolick Authority to him and his Heirs the Kingdom of Ireland according to the Form of those Charters as aforesaid The King left Robert Fitz-Barnard and his Houshold at Waterford and marched to Dublin through Ossory by the way he received the Submissions of the Prince of Ossory O Carol O Rurk O Chadess O Toole and several others but Rotherick the Monarch came no nearer than the Shannon-Side where Hugh de Lacy and William Fzadeline by Commission received his Oath of Allegiance and agreeed with him for a Tribute and as the rest did he likewise gave Hostages for his Performance so that there was no Prince or great Man in any part of Ireland except Vlster but by his Deputies or in Person did submit to the King Then did the King command to assemble a Synod at Cashel whereunto the Archbishop of Armagh consented afterwards though by reason of his great Age he was not present at the Synod Where after Christmas appeared Christianus Bishop of Lismore the Pope's Legate Donagh Archbishop of Cashel Laurence Archbishop of Dublin and Catholicus Archbishop of Tuum with their Suffragans and Fellow Bishops with divers Abbots Archdeacons Priors Deans and other Prelates And the King sent thither Ralph Abbot of Buldewais Ralph Archdeacon of Landaff Nicholas the Chaplain and divers other good Clerks and they made these following Canons First Cambrensis cap. 35. It is Decreed That all Good Faithful and Christian People throughout Ireland should forbear and shun to marry with their near Kinsfolk and Cousins and marry with such as lawfully they should do Secondarily That Children shall be Catechiz'd without the Church Door and Baptiz'd in the Font appointed in the Churches for the same Thirdly That every Christian Body do Faithfully and Truly pay yearly the Tithes of his Cattle Corn and other his Increase and Profits to the Church or Parish where he is a Parishioner Fourthly That all the Church-Lands and Possessions throughout all Ireland shall be free from all Secular Exactions and Impositions and especially that no Lords Earls or Noblemen nor their Children nor Family shall extort or take any Coyn and Livery Cosheryes nor Cuddyes nor any other like Custom from thenceforth in or upon any of the Church-Lands and Territories And likewise That they nor no other Person do henceforth exact out of the said Church-Lands Old Wicked and Detestable Customs of Coyn and Livery
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 esâier 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
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 nâmarra and afterwards took and rased the Castle of Ballyniti or Ballynice and so returned to Dublin and was reconciled to the Archbishop of Armagh to their mutual Ease and Quiet and to the great Advantage of Publick Affairs which often suffer especially in Ireland by the private Animosities of the Grandees But the Bishop of Bangor was recalled into England and Walter Archbishop of Dublin was made Lord Chancellor in his stead This good Archbishop in a Synod at Dublin anno 1492 procured a Pension for a Divinity-Reader there to be paid by him and his Suffragans and their Successors for ever And it is reported of him That being present when a famous Orator made a most eloquent Speech to the King his Majesty asked the Archbishop How he liked the Oration The good old Man replied That he saw no other Fault in it but Flattery As God shall love me quoth the King That is the very Fault I my self espied The King by advice of the Lord Lieutenant resolved to pardon those great Men that had been concerned with Perkin Warbeck lest Despair might induce
Rebels to enter the City and animate them more to fight within than without the Walls and they also believed That very many of Fitz-Girald's Army being Inhabitants of the Pale and forced to the Camp were in their Hearts for the City and this they were induced to believe because most part of the Arrows shot over the Walls were unheaded Upon these Considerations they resolved to sally and gave out from the Walls That new Succours were come from England and as if it had been so immediately rushed out through Fire and Flame and the Enemy believing they were new-arrived Soldiers and that the Citizens durst not adventure so briskly immediately fled leaving one hundred Gallowglasses slain and their Falcon taken Thomas Fitz-Girald himself lurked at the Grey-Fryers in Francis-street till next morning and then he got to the remainder of his shattered Army In the mean time the Earl of Kildare was committed to the Tower Holingshead 88 because he had contrary to the King 's express Command furnished his Castles out of his Majesty's Stores And though he answered That it was done to defend the Pale against the Borderers and that if he designed Treason he was not such a Fool as to fortifie his Castles and at the same time to adventure his Person into their Hands however he stuttered so much and delivered his Speech in such staggering and maffling manner that they concluded him Guilty and committed him And now hearing of his Son's Extravagancies he broke his Heart and died in the Tower in September Fitz-Girald being in great want of Artillery and Ammunition and somewhat cooled by the late defeat sent James Delahide and others to treat with the City upon these Articles I. That his Men that were Prisoners should be enlarged II. That the City should pay one thousand Pound in Mony and five hundred Pound in Wares III. To furnish him Ammunition and Artillery IV. To interceed with the King for his Pardon and his Followers Mr Fitz-Symons Recorder was appointed to answer to the I. That if he would deliver their Children they would enlarge his Men. To the II. That they were impoverished with his Wars and could not spare either Wares or Mony To the III. If he intended to submit he had no need of them if he did not they would not give him Rods to whip themselves That they expected he would request good Vellam Parchment to ingross his Pardon and not Artillery to withstand his Prince To the IV. They promised all Intercession they could by Word or Letter Whilst they were treating thus one William Bath of Dollars-Town a Lawyer stepped forward and said My Masters What need all these Circumstances Let us all drink of one Cup Which Words cost him his Life the next year It seems Fitz-Girald agreed with the Citizens on their own Terms and Hostages being given on both sides he raised his Siege and sent his Artillery to Houth but went himself to Minnooth to see that Castle fortified and furnished In the mean time the two Hamertons with one hundred and eighty Soldiers arrived out of England at Houth and on their March to Dublin were encountred near Clantarf by Thomas Fitz-Girald and two hundred Horsemen and though they fought valiantly and one of the Hamertons wounded Fitz-Girald in the Forehead yet being over-powered they were all slain or taken Prisoners and their Ships were forced from Houth and a Vessel freighted with choice English Geldings was also taken by Captain Rouks Fitz-Girald's Pirate and the Horses were sent to Fitz Girald And not long after landed both the Eglebees and Dacres with their Horsemen at the Skerries and Sir William Brereton and his Son John with two hundred and fifty Soldiers well appointed and Captain Salisbury with two hundred Archers lastly Landed at the Slip near the Bridge of Dublin Sir William Skeffington Lord Deputy he was Master of the Ordnance in England and therefore was by the Irish who put Nick-names upon every Body even of themselves as Dermond Buckagh Tiege Mauntagh c. in derision called The Gunner he was received with great Joy by the City and had the Sword delivered to him by the Lord of Trimletstone who was made Chancellor in the place of Archbishop Cromer Baron Finglass who wrote a M. S. Treatise of the Decay of Ireland was made Chief Justice of the King's Bench as Luttrel was of the Common Pleas and Girald Ailmer Chief Baron of the Exchequer and William Brabazon Vice-Treasurer This Deputy also brought with him Leonard Lord Grey designed Marshal of Ireland and Gracious Letters from the King to the City of Dublin That part of the English Fleet which sailed near Tredagh met with Brode the Pyrate and forced him a Ground so that he and nine of his Men were taken at Tredagh and sent Prisoners to Dublin whereat Fitz-Girald was so much enraged that he threatned to besiege Tredagh and it is probable he marched that way for it was averr'd at Dublin That he was actually before the Town And therefore the Lord Deputy immediatly viz. the twenty eighth of October marched out to raise the Siege of Tredagh and he staied in and about that Town till the fourth of November and then finding no Enemy near that Place he returned to Dublin having first proclaimed Fitz-Girald Traytor at the High Cross of Tredagh The Lord Deputy would have pursued Fitz-Girald and his Confederates but that the Winter was too near and himself was indisposed moreover he daily expected Supplies of Men and Mony from England and he knew that Fitz Girald had strengthned his Party by a new Confederacy with O Neal and O Connor And therefore being necessitated to postpone his Designs till the Spring some say he made a Truce with Fitz-Girald until January but that seems improbable because the Pale suffered exceedingly this Winter the Preservation of which must have been the chief Consideration for a Truce if there were any Fitz-Girald had in his Possession six principal Castles viz Minooth Portlester Rathingan Catherlagh Ley and Athy and having well manned and furnished them he took a Journey into Connaught not doubting but that his Castle of Minooth would hold out till his Return but he was very much out in his Calculation for the Lord Deputy on the fifteenth of March laid Siege to that Castle and placed his Battery on the North Side of the same towards the Park and Sir William Brereton who had slain one hundred of Fitz-Girald's Men on the sixth of March did now summon the Castle of Minooth with Offers of Pardon and Reward to which a scoffing and ludibrious Answer was returned with much boasting after the Irish manner Whereupon the Artillery began to play but made no considerable Breach in a Fortnights time and therefore though it was so closely besieged that there was neither egress or regress from or to the Castle yet being sufficiently provided of all Necessaries and particularly of a good Garrison of an hundred choice men it might have held out
Kingdom and concludes with Commendations of the Lord Grey and desires he may be Lord Deputy and have Orders to call a Parliament What that Letter mentions of O Neal has reference to a Treaty between the Lord Deputy and him for when he understood that the Lord Deputy design'd an Expedition against him into the North to prevent it he desired a Parly and on the first of July by his Agent Gillaspick O Donel he concluded an Agreement with the Lord Deputy which afterwards was confirmed by Con O Neal himself at Drogheda on the twenty fifth of the same Month. In the mean time the Lord Deputy finding that Fitz-Girald had retired to Munster sent after him the Lord Grey Sir William Brereton and others who had several Skirmishes with his Party wherein nothing was got but Blows whereupon Brereton's Advice on the one side and Fitz Girald's Necessity on the other side produced a Parly the effect whereof was That Fitz-Girald surrendred to the Lord Grey and rode with him to Dubliu By the Lord Deputy's Letter to the King of August 24. he acquaints his Majesty That Fitz Girald and O Connor had submitted the former without any Condition or Promise of Life Lands or Goods and that he intends to send him over by the Lord Grey whilst himself in person goes to assist O Donel against his Son Manus But the Council by their Letter from the Camp to the King of the 27th of August inform his Majesty That O Connor an Abettor of Fitz-Girald's has given Hostages to abide the King's Pleasure and that Fitz-Firald submitted on the encouragements they gave him to expect Pardon for his Life That the Lord Grey is going with him leaving the Lord Butler in his room and they desire the King to thank the Lord Grey for his good Service Nevertheless others say That Fitz-Girald was by the Lord Grey absolutely promised his Pardon but if it was so it was more than he had Comission for and therefore no regard was given to that Pretence but the King being implacably enraged at this dangerous Rebellion caused Fitz-Girald to be arrested in the way to Windsor and afterwards viz. Febr. 3. 1537. he and five of his Unkles were executed at Tyburn although three of them had for a long time opposed their Nephews Extravagancies And thus ended a Rebellion Lib. CCC 85. which cost the King twenty thousand some say forty thousand Pound At which great Expence the King was so disturb'd that he called this Victory a new Conquest and put the Question to his Council how Ireland should be managed to bear the charge of its own Preservation and whether by Act of Parliament every mans Estate should not be made liable to contribute its proportion or whether by vertue of this Conquest the King might not seize on all the Estates in that Kingdom Temporal and Spiritual By a Letter from Stephen ap Harry who was afterward a great man with the Lord Grey of the sixth of October from Waterford directed to Mr. Thomas Cromwel Secretary of State he informs his Honour That the Lord Leonard Grey was gone to England with Fitz Girald and that the Lord James Butler marched to Clonmel where his Lordships Brother-in-Law Garret Mac Shane who could not speak one Word of English met him That thence they marched to Dungarvan which surrendred unto him and thence to Youghal where he had a Gallon of Gascoyn Wine for four pence and thence to Cork where the Lord Barry made great Complaints of Cormock Oge of Muskry and Mac Carty Riagh the former was willing to submit to the Award of the State but Mac Carty Riagh answered That what he got by the Sword he would keep by the Sword The like Controversie was between James Grandson of Thomas last Earl of Desmond and Sir John Brother of that Earl the young man offered to go to England and to submit to his Majesties Pleasure but Sir John said He scorned to contest with a Boy That they marched thence to Mallow and so to Kilmallock and thence to Lymerick where the Lord Butler's Brother-in-law O Brians Son desired Aid against his Father and Unkle and that the Lord Butler would besiege Carrigonel but he could not do it for want of Artillery and therefore marched to Cashel and thence to Clonmel having worthily behav'd himself all this Journey It seems the Lord Deputy had sollicited for the King's leave to return to England by reason of his Age and Infirmities but the King in his Answer thanked him for the taking Fitz-Girald but wished it had been done in another manner viz. by force and tells him That he must continue in the Government of Ireland notwithstanding his Age and Sickness and orders a Parliament to be called as ââon as conveniently might be but it is probable that soon after those Letters arrived the Lord Deputy died at Kilmainham in the latter end of December and was honourably buried in St. Patrick's Church And thereupon the Council chose Leonard Lord Grey 1535. Lord Deputy who was but newly returned from England and probably did not bring over so much Treasure as the Army both expected and needed and therefore the Souldiers mutined in January and thereupon the King by his Letter of the twenty fifth of February desires to know who were the Ringleaders of it and orders that as many of the Army as can be spared may be disbanded Lib. H. To which Letter the Lord Deputy and Council return'd for Answer That after the imprisonment of Fitz-Girald they had disbanded five hundred men but that his Unkles being at that time out and the Earl of Desmond O Brian and O Connor linked in a Confederacy it was no proper time then to dismiss any more but that they have now borrowed four hundred Pounds Irish and therewith have disbanded two hundred and fifty Foot and fifty Horse That the Revenue of the Kingdom was but five thousand Pounds per annum whereof a thousand Pound was then insolvent they advise the King to grant a Pardon to the County of Kildare to the end the People of that County may return to their Habitations and they advise That the Kings Lands may be set for a Term of one and twenty years and that a Mint may be erected in Ireland and none but Sterling Money be currant and thereby every Mark of the King's Revenue will be a Pound But I must interrupt the Series of this Discourse to give the Reader an Account of the miraculous preservation of one of the remaining Branches of the Noble Family of Kildare a Child of thirteen years old Brother of the Lord Thomas and Son of the deceased Earl who happened to be sick of the Small Pox at Donoare in the County of Kildare when his Unkles were apprehended whereupon his careful Tutor Thomas Leverouse afterwards Bishop of Kildare had the Child wrapt up warm and in a Cleef or Basket conveyed him into Offaly and after he was recovered he travelled into Thomond
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
Villages 1577. and yet by help of his Intelligence which was very good he made a shift to escape the diligent Pursuit that was made after him by ãâã Captains Harrington and Coâby One day a Parly being appointed between them on ãâã Oaths the perfidious Rebel seiz'd upon Harrington and Cosby handâasted them together and made them ãâã after him ãâã a couple of ãâã through Woods and Boggâ in continual fear of Death at length an Agreement was almost concluded when Robert Harpool Constable of Carâââ accompanied by Lieuâ Parker and fifty Men having good intelligence went to the Place where Rory Oge ãâã Rory surprized with the Noise and suspecting the worst went to his Prisoners Harrington and Cosby and gave them many Wounds and cut off Cosby's little âinger but being in the dark and in haste it so hapned that none of the Wounds were mortal ãâ¦ã English having entred the House I released Harrington and Cosby and killed all the restâ ãâã Rory Oge and one more escaped in the dark and could not be found Soon after Rory Oge assembled all his strength together and came to ãâã early in the Morning burnt some Houses and ãâ¦ã him and killed seventeen of his best Men and Rory himself hardly escaped In the mean time the Lord Deputy ãâã to the ãâã and thither came to him ãâ¦ã and renewed his former Subâission he brought with him to the Town four hundred Pound in Money and thought it much to his Glory that he and his Followers spent ãâ¦ã three days time and so having received some small Presents from the Deputy he returned joyfully ãâã In December the Deputy ãâã into the Kingâ County and took Pledgeâ ãâ¦ã held Sessions at Kilkenny where several ãâ¦ã the City and Country were discovered to be ãâ¦ã Popish âuries would not find the Indictments although the Parties confessed the ãâã some of them were bound by Recognizance to appear at the Castle Chamber in Dublin to answer that ãâã To Kilkenny came the ãâã President ãâã to complain ãâã Desmond kept ãâ¦ã which oppressed the Country and ãâ¦ã President The Deputy ãâã for Desmond and ãâã immediately came and excused his not coming to the President because he was his ãâã Enemy but the Lord Deputy so manag'd it that they were reconciled and the ãâã promised due Obedience And so cunningly did that ãâã dissemble that he sent the Lord President word of the Arrival of a ãâ¦ã with many French and Irish Men ãâ¦ã and Munster in ãâ¦ã In the Month of December ãâ¦ã Son whereupon great and cruel ãâ¦ã ensue between ãâ¦ã at length their Controversies were referr'd to the Deputy About the same time some of the ãâã Followers were suspected to be ãâ¦ã sent for to be ãâ¦ã to surrender them ãâ¦ã to be tried but also joyned with the rest of the Lords and Free-holders of Connaughâ to settle a certain annual Rent amounting to about eighteen hundred Pounds ãâã by way of Composition Morison 3. and in lieu of all other Services But we must return again to that indefatigable Rebel Rory Oge who sent a Spy to inâââ Fitz-Patrick Lord of Upper Ossory 1578. the Messenger personating a Friend told that Lord That Rory Oge had taken a Prey from the County of Kilkenny which might easily be recovered and Rory himself taken Fitz-Patrick prepares for the Enterprize but wisely suspecting the worst made his Party as strong as he could and being come to the Place he sent thirty Men into the Wood to search for the Tories and himself and the rest of his Party kept on the Plain Rory Oge with about thirty appeared leaving the rest in Ambush and being proud and conceited thought with his Presence to frightân Fitz-Patrick's Keins but he found them more valiant for they fought stoutly and amongst the rest slew Rory-Oge himself on the last day of June 1578. And though the Deputy offered the valiant Baron the thousand Marks due by Proclamation for Rory's Head yet he would take but one hundred Pounds thereof to be divided amongst his Men. In the mean time Philip King of Spain being vexed at the Aid which Queen Elizabeth under-hand gave to the Hollanders Cambd. Eliz. 230. resolved to requite her with the like secret Assistance to the Irish and the holy Father Gregory the Thirteenth partly to propagate Religion and partly to obtain that Kingdom of Ireland for his Son James Buon Campagno whom he had made Marquess of Vinâola was willing to contribute to the Charge of the Irish Rebellion Wherefore they confederated and agreed to joyn Forces and Councils and to send Aid to Ireland under the Command of Stukely an English Fugitive who by his extravagant Boasting had raised the Pope's expectation to the greatest height wherefore to qualifie him for so high a Command Stukely was made Marquess of Leinster Earl of Wexford and Catherlogh Viscount Murrough and Baron of Ross and furnished with eight hundred Soldiers with which he set Sail from Civita Vecchia and arrived in Portugal Sebastian King of Portugal was at that time intent on his Wars in Africk and promised Stukely that if he would attend him into Mauritania that then he would immediately after the Africk War accompany Stukely to Ireland The Irish General agrees and to Africk they go where they were killed in the famous Battel wherein three Kings are said to be slain The Viscount Baltinglass whose real trouble was Religion and the Cess pretends great Oppression from Marshal Malby and his Soldiers one Night they lay at Baltinglass when they went against Rory Oge the Viscount made a formal Complaint to the Deputy and did the like to the Queen by Letters sent to the Earl of Ormond and communicated to her Whereupon her Majesty gave strict Order to examine the Matter and it was sound that Malby at coming to Baltinglass had made Proclamation against Oppression and at parting thence made Proclamation for those to come in for reparation that had any cause ãâã Complaint and so this Matter ended to the Disgrace of the Viscount In Vister Mac Mahon had committed a barbarous Murder on the Son and Heir of Maâgenis and therefore at Maâgenis his Complaint and Request the Deputy marched into Mac Mahon's Country and burnt and destroyed it And so this good Lord Deputy having been eleven years and seven several times Chief Governor of Ireland leaves that unfortunate Country in greater Quiet than ever it had been in before having first caused the Irish Statutes to be Printed and the Records to be put in good Method and Order he beautified the Castle of Dublin anno 1571 repaired Aâhenry built the Bridge of Athlona which opened a Passage into Connaught he began to wall Oarrig fârgus he built a Gaol at Molingar and in his time the Revenue was increased eleven thousand Pounds but finding all these Services under valued he laboured to be ãâã and had Orders of the twentieth of March to return but they were superâeded by Letters of the nineteenth of
usual allowance except the Sallary of 200 Marks per ann which must be reserved for his Brother the Lord President and that the Vice-president's Pension of twenty shillings a day be immediately stopp'd Lib. C. 5. That the Queens Orders be publickly read in Council except they require secrecy and then to be communicated to such of the English Council only as are ordinarily attending on the State 6. That all Offices be given to fit persons who are personally to officiciate except in special cases 7. That the Courts be removed out of the Castle 8. That the Secretary of State keep the Signet as in England and that he make all Bills Warrants and Writings that require Signature and that he keep a Register thereof and have his Fees for the same 9. That the Parliament being ended Vlster might be so settled that the Deputy might repair into Munster to watch the Motions of Spain 10. That suspected persons be secured and that the suspected Inhabitants in Towns be disarm'd and that the Loyal Townsmen be arm'd and disciplin'd and that those that were lately Rebels be enjoyned to keep at home and if the Spaniards land that the Forage be destroy'd and the Cattel removed up into the Countrey The Queen also gave Secretary Fenton particular Instructions about the Plantation of Munster and devised a Plot to this effect Lib. C. That the Undertaker for 12000 Acres should plant 86 Families upon it viz. his own Family should have 1600 Acres one chief Farmer 400 two good Farmers 600 between them other two Farmers 200 apiece fourteen Free-holders each 300 fourty Copyholders each 100 and twenty sixâ Cottagers and Labourers 800 Acres between them and so proportionably for a lesser Signiory And she ordered that if any unforfeited Lands be intermix'd with the forfeited that the party should be compounded with to his content and brought out that so the Undertaker might have his Manour entire and she also ordered a better Survey to be made of the escheated Lands for the direction of the Commissioners in setting them out to the Undertakers It the mean time the Town of Dingle in Kerry was incorporated with the like Privileges as the Town of Drogbedah enjoyed and there was also a superiority granted to that Corporation over the Harbours of Ventry and Smerwick and the Queen also gave the Townsmen 300 li. towards the walling of the Town The Earl of Desmond and his Complices had forfeited a vast Estate amounting in all to 574628 Acres of Land the Earl himself had a prodigious Revenue for those times and perhaps greater than any other Subject in her Majesty's Dominions For his Rents were as followeth  l. s. d. In the County of Limerick 2413 17 02 Corke 1569 01 11 Kerry 2711 01 02 ½ Waterford 0242 14 02 Typerary 0060 00 00 Dublin 0042 08 00 Total 7039 02 07 ½ And this great Estate except what was restored to Condon the White Knight c. was by the Queen who was intent on the peopling of Munster disposed to certain Undertakers   Rent per ann  Acres l. s. d. Com. Waterford Sir Lib. M. 166. Christopher Hatton 10910 060 07 09 Com. Cork Waterford Sir W. Raleigh 12000 066 13 04 Com. Kerry Sir Edw. Denny 06000 100 00 00 Ibid. Sir William Harbart 13276 221 05 04 Ibid. Charles Harbart 03768 062 15 04 Ibid. John Holly 04422 073 14 00 Ibid. Capt. Jenkin Conwey 00526 008 18 08 Ibid. John Champion 01434 023 18 00 Cork Sir Warham Saint Leger 06000 016 13 04 Ibid. Hugh Cuff 06000 033 06 08 Ibid. Sir Thomas Norris 06000 033 06 08 Ibid. Arthur Robins 01800 010 00 00 Ibid. Arthur Hide 05574 030 19 02 Ibid. Fane Beecher and Hugh Worth 24000 133 06 08 Thomas Say 05778 031 18 08 Arthur Hyde 11766 065 02 10 Edmund Spencer 03028 017 07 06 Cork and Waterford Richard Beacon 06000 033 06 08 Lymerick Sir William Courtney 10500 131 05 00 Ibid. Francis Barkly Esq 07250 087 10 00 Ibid. Robert Anslow 02599 027 01 06 Ibid. Rich. and Alex. Fitton 03026 031 10 05 Ibid. Edmund Manwaring Esq 03747 039 00 7 ½ Limerick Waterf Typerary Sir Edward Fitton 11515 098 19 02 Limerick William Trenchard Esq 1â000 155 00 00 Ibid. George Thorton Esq 01500 015 12 06 Ibid. Sir George Bourcher 12880 134 04 04 Ibid. Henry Billingsley Esq 11800 147 10 00 Typerary Thomas Earl of Ormond 03000 016 13 04   1976 07 05 And on the 14th of February Letters were written to every County in England to encourage younger Brethren to be undertakers in Ireland and particularly Popham Attorney General was appointed in Somerset-shire to treat with them The Queen's Proposals were to give them Estates in see at 3 d. per Acre in Limerick Conilagh and Kerry one with another and 2 d. per Acre in Cork and Waterford every 300 Acres Demesn to maintain a Gelding every 200 Acres of Tenancy a Foot man arm'd no Irish to be permitted to reside on the Land They were to be Rent-free till March 1590. and to pay but half Rent for three Years from thence they were to hold in Soccage and to have Liberty for ten years to transport the Growth of their Land to any place in amity with England without Custome and to doe no Service till Michaelmas 1590. and then but moderately and be free from Cess for ever and to have Liberty to transport necessaries from England without Custome and they were promised that there should be Garisons on their Frontiers and that they should have Commissioners to decide their Controversies in Munster Lib. D D D. but some of these Covenants the Queen did not perform and particularly that of keeping Forces for their Security and it seems that some of the Undertakers did encroach upon the Lands of the Loyal or protected Irish or at least they made so general a complaint of it that they obtain'd a Proclamation to issue to restrain it In the mean time the Burks a powerfull family in Connaugh finding that they lost much of their Authority by the aforesaid Compositions and the Establishment of a Regular Government in that Province repented of what they had done and formed many groundless Complaints whereupon the Bishops of ãâã and Meath c. were commissioned to examine and doe them right The Commissioners were indulgent to them and they promised submission and acquiescence but nevertheless in few days after they seduced the ãâã Joyces c. and went into Rebellion and manned Castle Nikally and Thomas Row's Castle At the same time Mahowne O Brian held the Castle of Clan Owen against the Queen but Bingham in seven days time won it and flew O Brian and razed that Castle and another of Fardaraugh Mac Donels to the ground and Richard Burk on Proof of Confederacy was executed by Marshal Law However the Burks proceeded in their Rebellion and murthered Sixteen of the Officers of Connaugh and invited the Scotish Islanders who to the
his House and the next day proclaimed him and Walter Riagh and their Adherents Traitours Some of those Rebels Heads were brought in daily but on the 30th of January Girald Brother of Walter Riagh with fourscore Men came and burnt Crumlin within two Miles of Dublin This bold Attempt obliged the Deputy to another Journey to Ballynecor he set out the first of February and continued fortifying at Ballynecor till the 20th at which time he return'd to Dublin having destroy'd Girald and James the two Brothers of Walter Riagh and some few more of the Rebels and about the beginning of April Walter Riagh himself was taken in a Cave by Sir Henry Harrington and sent to Dublin where he was hanged in Chains On the 11th of April the Deputy began another Journey into the Country of Wexford 1595. and for some time encamped at a place called Money and it seems the manner of encamping then was in small Cabbins built on purpose and not in Tents as it is in foreign Countries He returned to Dublin the 15th of May having taken the Wife and Sister of Pheagh Mac Hugh and slain or executed several of his followers In the mean time the North was unquiet and Monaghan was in distress for Tyrone notwithstanding all his Oaths and Asseverations Camd. Eliz. 494. did now again appear publickly in Rebellion wherefore on the 24th of May Marshal Bagnall who was Lieutenant General in this Expedition marched with 1500 Foot and 250 Horse from the Newry and encamped that night at Eight-Mile-Church Tyrone with 1500 Horse appeared within half a Mile of the Camp but without skirmish retired on the 25th the Army marched eight Miles farther and at a Pass were opposed by Tyrone but after a Skirmish of three hours the English forc'd the Pass and marched that night to Monaghan and obliged Macguire and Mac Mahon to raise their Siege The English encamped that Night on a Hill by the Abby of Monaghan and the Irish being united made up 8000 Foot and 1000 Horse and drew up within a Mile of them however they did nothing more than allarm the English once or twice that night but the next day they guarded all the Straits and Paces resolving to hinder the return of the Army but the Marshal having recruited the Fort of Monaghan with Men and Victuals marched homeward another way which the Rebels perceiving they hastened to possess a Strait which the English must of necessity pass through and there they entertained a smart Fight to the slaughter of twenty Englishmen and the wounding of ninety their own loss amounted to three or four hundred but if the Rebel's Powder had not been all spent this Encounter had been more unfortunate to the English That night the Royalists were forced to lodge in the midst of the Enemy which might have been fatal to them if the Rebels had had any Amunition left they sent to Dungannon for supply but none came so that the Queen's Army got back safe to Newry the Irish not thinking they would take that way being in the mean time busie to obstruct their March towards Dundalk General Norris and other Captains brought over 2000 old and 1000 new Soldiers which the Deputy had seasonably sent for and they were refreshing themselves in their Quarters the better to enable them for some great Undertaking In the mean time Captain George Bingham June and the Ward in the Castle of Sligo were betray'd and murthered by Vlick Burk and the Castle was taken Sir John Norris had the Title of Lord General Camd. Eliz. 509. and a Commission to have the sole Command of the Army in Vlster in the absence of the Deputy The clashings and janglings that were between these two high spirited Men did very much prejudice to the Queen's Affairs however on the 18th of June they began their March together and lay that Night at Melliâont and the next at Dundalk on the 23d Tyrone O Donell O Rourk Macguire and Mac Mahon were proclaimed Traitours both in English and Irish This perjured Rebel Tyrone after so many reiterated Oaths and Protestations had besieg'd and taken the Fort of Blackwater and invaded the Brenny and laid Siege to Monaghan in April last and publickly appear'd in Rebellion and yet at the same time he wrote Letters to the Earl of Ormond and Sir Henry Wallop to intercede for his Pardon promising future Allegiance he also wrote Letters to General Norris to the same purpose which indeed were intercepted and suppress'd by Marshal Bagnall till after the Proclamation but what seems most strange Camd. Eliz. 508. is that whilst this was doing like a shameless Ambo-dexter he offered his service to the Earl of Kildare to revenge the Injuries that Earl had suffered from the State and in September following Tyrone and O Donell wrote Letters to the King of Spain offering or rather promising the Kingdom of Ireland to that Majesty if he would supply them with 3000 Men and a little Treasure These and many other of his Tricks being discovered the Queen resolved never to pardon Tyrone and of that opinion she continued to her dying day though at last she was prevail'd upon by her Council to act contrary to her own sentiments in that particular but she was willing to pardon O Donell or any or all of the Confederates that would separate from O Neal and she gave Orders accordingly The Rebels were 1000 Horse and 6280 Foot in Vlster and 2300 in Connaugh many of them well disciplined for Sir John Perot to save Charges arm'd the Irish in Vlster against the Islander Scots and to taught them the use of Arms to the ruine of Ireland and Sir William Eitz Williams took several Irish into the Army and improvidently sent others of them into the Low-Countries where they became excellent Soldiers and returned to be stout Rebels But 't is time to return to the Deputy who left Dundalk the 24th O Mc lloy carrying the Standard that day as O Hanlon did the next the 28th they came near Armagh and saw a Troup of the Enemy's Horse at a distance the 29th they marched a mile beyond Armagh and took a resolution to fortifie it On the 30th the Rebels gave two Volleys of Shot into the Camp and yet did no harm on the 3d of July the Deputy leaving a Garison in Armagh marched nine Miles towards the Newry but being supply'd with Victuals he return'd to Armagh on the 5th and marched to Monaghan on the 7th and afterwards to the Pace of the Moyry and so to Dundalk and Dublin where the Lord Deputy arrived the 18th and in all these Marches though the Enemy appear'd in view yet being light of Heel and cowardly of Heart there happened not any Encounter or Skirmish worth mentioning On the 11th of August General Norris who was also Lord President of Munster marched the Army northward but it seems he could not hinder but that all the Cows of the Newry were taken by the Rebels he
Robbers or Murderers as many as were guilty respectively but not Rebels if they had the King's Commission for what they did and consequently the Forfeiture of their Estates for that Rebellion whereof they could not be guilty would be unjust and void and those that Enjoy them would be bound to make Restitution But this Observation is nothing to the Truth or Falsity of the Objection and is therefore offered only to prepare and dispose some prejudiced and prepossessed Minds to the Reception and Entertainment of Truth when it is discovered and proved As to the Reasons of the Objection they shall be considered in order And first whoever reads the ensuing History or knows any thing of the Popish Clergy at that time in Ireland will be easily satisfied that their Testimony in this case is the worst sort of Irish Evidence and as for the Commission shewed by Sir Phelim O Neal it is certain that he forged it and made one Michael Harison take a Seal from a Patent he found at Charlemont and fix it to this Counterfeit Commission and thus much Sir Phelim and Harison confessed at Sir Phelim's Tryal and Sir Phelim did the same at the Gallows â although he was offered to have his Life spared and his Estate restored if he could shew any Commission from the King As for the Pretences of the Supreme Council and their Generals all the world knows that their Contradiction and Hypocrisy were apparent for they made the same Pretences even whilst they fought against the Marquis of Ormond and His Majesty's Army and they pretended to maintain His Majesty's Prerogative whilst they were actually usurping all His Prerogatives even to that of making War and against Himself and with the same confidence and design they enjoyned Loyalty and Allegiance in the first Clause of that Oath of Association which was to dissolve all their Allegiance and to be the Cement of their Conspiracy and Rebellion As to the number of the Proclamations His Majesty sent I do aver from Authentick Copies of the Lords Justices and Councils Letters that they did at first write but for 20 and afterwards they desired that they might have 20 more so that they had the full number they sent for and all Signed by the King 's own Hand and Seal with his Signet and if it be considered what use could be made of these Proclamations it will be easily allowed the Number was more than sufficient for they could only serve to undeceive those that doubted Whether the King countenanced the Rebellion or not And it is manifest from the Success that not one of the Confederates thought that he did for we do not find that one of them was converted or withdrawn from the Rebellion by all these Proclamations And as for the Lord of Antrim's Information Appendix 49 it expresly clears the King from giving any Commission for the Rebellion and as to the Letter in favour of that Lord 1663 and his Restoration to his Estate thereupon it may argue the Prevalence of Popish Councils at Court at that time but cannot infer any Guilt on the King that was dead 15 years before and in good manners we ought to say they were the words of the Secretary and not the words of the King since it is notoriously known that they are not true whosever words they are for Antrim was so far from acting by the King's Orders that he sided with the Nuncio and publicââly opposed the Peace of 1646. and 1648. and accordingly the Duke of Ormond and the Council of Ireland did by their Letter of the 3âth day of July 1663. at large discover to the King that His Majesty was misinformed both in the Man and the Matter And I must add that neither the Cessation nor the Peaces of 1646. and 1648. nor any Fav ãâ¦ã r extended to the Irish after the War broke out between the King and Parliament do concern this Argument because they were done upon another and a different Reason viz. To reconcile His Subjects of Ireland that they might joyntly contribute to His Majesty's Assistance in England he was attacked on both sides and tryed to get rid of one Enemy that he might the better prosecute the other he made several Essays to that purpose with the respective Parties both in England and Ireland and it were as good Logick to argue him guilty of Favouring the Covenanters because of the Treaty at Vxbridge as to say He Countenanced the Irish Rebels because of the Treaty at Sigginstown And having thus answered the Objections I proceed to demonstrate That the King had no hand in that Execrable Rebellion First because he Signed 40 Proclamations against it and in his Commission to hear their Grievances at Trim there is this passage Although We do extremely detest that odious Rebellion which the Recusants of Ireland have without ground or colour raised against Vs Our Crown and Dignity which the Irish would never have endured for they were highly dissatisfied with the Expression nor the King have offered if they could have made so good a Justification of themselves as His Majesty's Commission would have amounted to I do not think it necessary to add That His Majesty devolved the Management of that War on the Parliament and disposed of 2500000 Acres of their Forfeited Estates to the Adventurers though by these two Actions His Majesty did in a great measure put it out of his power of shewing the Irish any favour and much less shall I insist upon his Generous Offer to go in Person against the Irish nor his frequent Expressions of his detestation of that Rebellion and particularly to an English Earl of unquestionable Honour and Integrity yet living who expostulated with His Majesty upon that point anno 1642. and to whom the King denyed his knowledge of it with Asseverations and Abhorrence and vowed That if his Son had a hand in it He would cut off his Head I say that I will not enlarge upon these Matters because this one Consideration must convince all Mankind of the King's Innocence in this Affair and that is That an Irish Rebellion was the most unlucky and fatal thing that could happen to His Majesty at that juncture it broke all his Measures and was so evidently against his Interest that no body can suspect him to contrive it that does not at the same time think he was mad â for if Ireland had stood quiet His Majesty might have drawn vast assistance of Men and something of Treasure from that Kingdom either against the Parliament or against the Scots as he had occasion whereas by that Rebellion all his Friends in Ireland were otherwise engaged and became rather a burden than an help to him In a word the very same Reasons that moved His Majesty afterwards to the Cessation and the Peaces were as strong and would have been as prevalent with him to prevent the Rebellion if he had had the least notice or suspicion of it and accordingly we find that
conceived they were greatly distressed and wished That he could use Means whereby they might be eased Hence he discoursed with Trueman who was but a silly Fellow and got from him Words whereby he discovered a Good-will to the Scotch Nation and some Discourse about the Castle of Carigfergus insomuch that he got Trueman's Letter to recommend him into Scotland whither he pretended a Desire to go to serve under their Command Upon this Giles produced the Letter in Evidence against him and so he was condemned and executed And this I take to be the Substance of what was offered for or against the Earl of Strafford On the Eleventh of May the Irish Parliament sat again 1641. and the Colonels John Barry Taaf Garret Barry and Porter having Orders from England to transport Four thousand of the Irish Forces to Spain some of the Popish Members of the Lower House did urge divers Arguments to hinder that Design As First That the Irish might gain Experience abroad and return to be evil Instruments at home Secondly That Ireland wanted Men for Husbandry Thirdly That Spain was an Hereditary Enemy to England and therefore might infect these Men with dangerous Principles concluding That they did not know how soon those very Regiments acquainted with every Creek in the Kingdom might be returned on their own Bowels having naturally a Love to their Religion which such an Incendiary as Spain might inflame with the highest prejudice So shamelesly did they cloak their Designs ' of stopping these Soldiers to assist in the following Rebellion under these Cobweb pretences of the Publick Good However their Project succeeded to their mind and notwithstanding the Contract with the Spanish Ambassador for their Transportation the Soldiers were from time to time delay'd and Garret Barry and his whole Regiment and most of the rest did afterwards joyn in the Irish Rebellion This Session of Parliament was spent by the Papists who were the most numerous Party in the House in fruitless Declarations and Protestations private Petitions and Votes upon needless Queries These last together with the Judges Answers to them are to be found at large Burlace Append. 1. 2. I shall only recite one of them viz. Quere 15. Whether the issuing of Quo Warranto's against Burroughs that anciently and recently sent Burgesses to Parliament to shew Cause why they did so be Legal And if not What Punishment ought to be inflicted upon the Occasioners Procurers and Judges of and in such Quo Warranto's To which the Answer is That the Proceedings in such Quo Warranto's are coram non Judice illegal and void and the Right of sending Burgesses to Parliament is questionable in Parliament only and the Occasioners Procurerâ and Judges in such Quo Warranto's and Proceedings are punishable as in Parliament shall be thought consonant to Law and Justice Moreover some Members of this Parliament who had the following Rebellion in their Design did in order to inform themselves of the Quantity of the Stores Ammunition and Provisions and the Place where they were deposited suggest That there was a Plot by some of the Lord Stafford's discontented Servants to destroy the Parliament and therefore procured a Committee of both Houses to be appointed to search the Rooms under the Place where they sat which they did but sound no Powder there Then they desired to see where the Stores were but the Lord Justice Burlace who was Master of the Ordnance denied them that Request which they took very ill The Popish Party did also oppose the Disbanding of the new Army raised by the Earl of Strafford however it was at length effected on the Tenth day of * Rather July quaere August and the Arms and Ammunition were carefully brought into His Majesty's Stores In the mean time it being convenient to give the Members a short Recess to attend their Harvest and their other Occasions and there being no sudden expectation of the Irish Committee's Return from England the Parliament by their own Consent was on the Seventh of August adjourn'd to the Ninth of November which for want of greater cause of Complaint was afterwards reckon'd amongst their Grievances But contrary to all Mens expectation the Irish Committee of Parliament in the latter end of August return'd loaden with Graces and Favours for that Kingdom particularly in reference to the Customs especially of Wooll and Tobacco whereof the Lords Justices sent immediate notice to the several Ports of the Kingdom and in this short Interval of Parliament busied themselves in framing such Bills to pass the next Session as the Committee had obtain'd His Majesty's Consent unto And in this quiet and serene Condition was the Kingdom of Ireland not suspecting the least Disturbance from the Papists who were not under any Persecution upon the account of Religion their Clergy exercising their Functions as safely and almost as publickly as the Protestants They were obliged to the King by the easiest of Governments and the Graces and Concessions he had lately vouchsafed unto them and they were fastned to the English by all the Ties of Interest Friendship Marriage and which is more in their esteem Gossipping and Fostering And they were engaged to propagate the Publick Peace by their own happy free and flourishing Condition for now the Papists without taking the Oath of Supremacy freely enjoyed the Offices of Sheriffs of Counties Magistrates of Corporations c. But all this was over-ballanced by their Bigotry and National Malice which opened one of the bloodiest Scenes that ever was seen in the World For on Saturday the Twenty third of October 1641. being a Day dedicated to St. Ignatius Temple 16. a fit Patron for such a Villany broke out a most desperate and formidable Rebellion an universal Defection and general Revolt wherein not only all the mere Irish but almost all the Old English that adher'd to the Church of Rome were openly or secretly involved The Conspirators pitched upon the Day because it was Market-day at Dublin and therefore a Concourse of People would the less be perceived or suspected and they chose the time of Year because Harvest was in and the Half-years Rent generally in the Tenants Hands and because the Season of the Year would hinder Relief from England until the next Spring before which time they hoped to have effected all their Designs It was a premeditated Rebellion Lord Justices and Councils Letter foretold by Sir Henry Bedingfeild a Roman Catholick of Norfolk in April before and suspected by the King as appears by Sir Henry Vane's Letter ante pag. 64. And it was in contrivance partly at home and partly abroad before the Troubles either of England or Scotland began Memoirs 22. It was communicated to the English Papists by the Popish part of the Irish Committee then in England Husbands 2. part 247. And it was finally concluded and resolved on at the Abby of Multifernam and the * Dr. Jones's Examination Appendix 9. Scheme of the Government
them called Traytors or Rebels but advised rather to use the soft Expression of DISCONTENTED GENTLEMEN But the Protestants scorning to be put upon so one of them express'd himself so briskly and so judiciously that the Irish finding they could not get a better agreed with much ado to the Protestation against the Rebels recited here Append. 12. And so having sate two days the Parliament was Prorogued to the Eleventh of January having first appointed a Committee of Both Houses to Treat with the Rebels and a Commission issued accordingly but the Traytors were so pufft up with their innumerable Victories over the naked and unresisting English that they tore the Order of Parliament and the Letter that was sent them and refused to Treat But the Lord Dillon of Costilo who since the Rebellion broke out was by His Majesty's former Orders sworn Privy Counsellor was deputed by the Popish Lords to attend the King and the Lord Taaf and Mr. Burk went with him but before he Embarked he presented the Lords Justices and Council a scandalous Letter See it Append. 3. in nature of a Remonstrance from the Rebels of the County of Longford which nevertheless was framed in the Pale wherein amongst other things they demand Freedom of Religion and a Repeal of all Laws contrary thereunto And this produced the Vote of the Eighth of December in the Parliament of England That they would never give Toleration of the Popish Religion in Ireland or any other of His Majesty's Dominions These Irish Agents hapned to be intercepted by the Parliament and imprison'd and their Papers being rifled it was found to be one of the Private Instructions to the Lord Dillon to move That no Forces might be sent over to Ireland but that it might be left to the Remonstrants to suppress the Rebellion 2 Temple 9. But afterwards they made a shift to escape out of Prison and diligently followed the King's Camp and effectually sollicited the unhappy Cessation Husbands's Collections 2 part 247. which afterwards ensued and whereof this Longford Remonstrance was the Parent and Foundation But what regard these Lords had to His Majesty's Service will appear by their vain Expressions in a Letter to the Lord Muskery Anno 1642. viz. That tho' it did not stand with the Convenience of His Majesty's Affairs to give him Publick Countenance yet that the King was well pleas'd with what he did and would in time give him Thanks for it Which being dscovered to the Parliament by Mr. Jepson a Member of that House begat strange Jealousies of His Majesty's Proceedings then tho' now it is manifest those Expressions related to the Cessation that was in Enbryo and not to the Rebellion which the King always abhorr'd In the mean time the King sent some Arms from Scotland to Sir Robert Steward and others in Vlster on the Eighteenth of November and Commissions to raise Forces Particularly the Lord Mongomery had Commission to raise 1000 Foot and 500 Horse and he did raise the Foot and three Troops of the Horse And on the Nineteenth the Lords Justices had an Account that His Majesty had left the Management of the Irish War to the English Parliament and the Order of Parliament was sent to them together with 20000 l. in Money and a Commission to the Earl of Ormond to be Lieutenant-General of the Army and also the following Order of Both Houses of Parliament viz. THE Lords and Commons in this present Parliament being advertised of the dangerous Conspiracy and Rebellion in Ireland by the treacherous and wied Instigation of Romish Priests and Jesuits for the bloody Massacre an Destruction of all Protestants living there and other His Majesty's Loyal Subjects of English Blood tho' of the Romish Religion being ancient Inhabitants within several Counties and Parts of that Realm who have always a former Rebellions given Testimony of their Fidelity to this Crown and for the utter depriving of His Royal Majesty and the Crown of England ãâã the Government of that Kingdom under pretence of setting up the Poââ Religion have therefore taken into their serious Consideration how the mischievous Attempts might be most speedily and effectually prevented wherein the Honor Safety and Interest of this Kingdom are most nearly and fully concerned Wherefore they do hereby declare That they do intendâ serve His Majesty with their Lives and Fortunes for the Suppressinâ of this wicked Rebellion in such a way as shall be thought most effectualâ by the Wisdom and Authority of Parliament and thereupon have ordereâ and provided for a present Supply of Money and raising the Number of Six thousand Foot and Two thousand Horse to be sent from England being ââe full Proportion desired by the Lords Justices and His Majesty's Councâ resident in that Kingdom with a Resolution to add such further Succours as the Necessity of those Affairs shall require They have also resolved of providing Arms and Munition not only for those Men but likewise for His Majesty's faithful Subjects in that Kingdom with store of Victuals and other Necessaries as there shall be occasion and that these Provisions may more conveniently be transported thither they have appointed Three several Ports of this Kingdom that is to say Bristol Westchester and one other in Cumberland where the Magazins and Storehouses shall be kept for the Supply of the several Parts of Ireland They have likewise resolved to be humble Mediators to His Most Excellent Majesty for the Incouragement of those English or Irish who shall upon their own Charges raise any Number of Horse or Foot for His Service against the Rebels that they shall be honourably rewarded with Lands of Inheritance in Ireland according to their Merits And for the better inducing the Rebels to repent of their wicked Attempts they do hereby commend it to the Lord Lieutenant of Ireland or in his absence to the Lord Deputy or Lords Justices there according to the Power of the Commission granted them in that behalf to bestow His Majesty's gracious Pardon to all such as within a convenient Time to be declared by the Lord Lieutenant Lord Deputy or Lords Justices and Council of that Kingdom shall return to their due Obedience the greatest part whereof they conceive have been seduced upon false Grounds by the cunning and subtile Practices of some of the most malignant Rebels Enemies to this State and to the Reformed Religion and likewise to bestow such Rewards as shall be thought fit and published by the Lord Lieutenant Lord Deputy or Lords Justices and Council upon all those who shall arrest the Persons or bring in the Heads of such Traytors as shall be personally named in any Proclamation published by the State there And they ãâã hereby exhort and require all His Majesty's loving Subjects both in this and in that Kingdom to remember their Duty and Conscience to God and his Religion On the Twentieth day of November the Lords Justices wrote again to the Earl of Leicester Lord Lieutenant for Supplies of
thousand did again besiege it and tho' Captain Vaughan with One hundred Foot and Fifty Horse did kill Forty of the Enemy and raise the Siege yet the Place being so remote could not at all times be relieved and therefore by Order of Council was demolished But the Parliament of England were desirous to manage the War of Ireland by a Committee at least till the Lord Lieutenant should go over but the King opposed that as needless because the Lord Lieutenant was just then ready for the Voyage But whether it was thought that he would not be propitious to the Cessation and Peace with the Irish which were then in design or for what other Reasons he was delay'd it is hard to determine but this is certain That tho' he was always going yet he never went And indeed the Differences between the King and the Parliament were grown to that heighth that each Side prepared for War and at length it came to a Battel at Edge-hill that very day Twelve-month on which the Irish Rebellion broke out viz. 23 October 1642. And in this Fight the Loss seem'd equal and each Party boasted of the Victory whilst both of them were thereby hindred from sending necessary Relief to Ireland and so the unfortunate English suffered every where and were destroy'd by one another in the Civil War in England and by the Common Enemy in that of Ireland However the Parliament did not totally neglect Ireland but on the Fourteenth of October sent over Mr. Robert Godwin and Mr. Robert Reynolds Husbands's Collections 2 part 249. Two Parliament-men and one Captain Tucker from the City of London to inquire into the Condition of the Army and the State of the Kingdom and to see how their Money was disposed of They brought with them Twenty thousand Pounds in Money and some Ammunition and arrived safe on the Twenty ninth of October and on the Second of November presented themselves to the State and being received with Respect were placed on a Form behind the Council and sate covered They did good Service in Ireland and particularly gave great satisfaction to the Army that Care was taken for Pay and Supplies They also made a Book which contained a Subscription of most of the Officers in the Army to take Debentures on the Forfeited Lands for a certain Proportion of their Pay as believing they would fight the better and end the War the sooner if they were interested in the Fruits of the Victory as well as in the Quarrel But the King disliked that Course because it might take up so much of the Rebels Lands that would hinder all Hopes of a peace with them which His Majesty began to have some Hopes of and therefore several Officers well enough inclined to the Proposal omitted to subscribe and some that had subscribed desired to retract So that at length these Commissioners were so sharply threatned that they delivered up the Book to be cancelled Nevertheless they promoted the March of the Army to enlarge their Quarters which afterwards produced the Battel of Ross but some of the Cavalier-party looking upon these Commissioners as Spies procured a Reprimand to the Lords Justices for suffering them to sit covered in the Council-chamber and the King 's positive Orders for their Return which was performed the Twenty seventh of February to the very great prejudice of the Affairs of Ireland and to the great disgust of the Parliament of England In the mean time the Irish under their General Preston had besieged Ballynakill and Colonel Monk with Six hundred Foot and Two Troops of Horse was sent to relieve it He marched out of Dublin the Fifth day of December and upon his approach the Enemy withdrew from the Siege and politickly marched to a Place of Advantage between the English Army and Dublin Battel of Tymachoo to intercept them in their Return But the Rebels had not so much Courage as Cunning for tho' they were Fourteen hundred Foot and Three hundred Horse yet upon the loss of about Threescore that were slain upon the first Volley they basely ran away and left the Road open for Monk to march to Dublin In like manner Sir Richard Greenvill with Two hundred Horse and One thousand Foot on the Twentieth of January marched to raise the Siege of Athloan and carry Supplies to that Garison both which he effected but in his Return he was encountred by Three thousand four hundred Foot Battel of Raconell and Six Troops of Horse at Raconell in a place of great disadvantage to him Nevertheless he had the good fortune to defeat the Rebels with the slaughter of Two hundred and fifty of their Men and to take the General Preston's eldest Son and some other Prisoners But that which rendred this Victory the more valuable was an ancient Prophecy That whoever won the Battel of Raconell should gain all Ireland therefore this Victory troubled and discouraged the Superstitious Irish exceedingly But we must return to the Lords Justices who in November 1642. transmitted to His Majesty a Petition from the Confederates by the Name of The Roman Catholicks of Ireland desiring His Majesty to appoint Commissioners to hear their Grievances And accordingly a Commission was brought over by Thomas Burk one of the first Rebels and by him confidently delivered at the Council-Board to the admiration of the State It impowered the Marquis of Ormond the Earls of Clanrickard and Roscomon Sir Maurice Eustace and others to hear and report their Complaints and in order to it the Three last went to Trim where the Lord Gormanstown Sir Lucas Dillon Sir Robert Talbot and John Walsh the Confederates Agents on the Seventeenth of March 1642. presented a Remonstrance of Grievances which one truly calls an Infamous Pamphlet and contains so much false Reasoning and Arguments ex post facto and downright Untruths as clearly manifests That the Irish first resolved to rebel and then set their Lawyers and Divines on work to fish for Arguments to justifie or at least excuse it But there was an Answer printed 1644. entitled An Answer to the false and scandalous Remonstrance of the inhuman and bloody Rebels of Ireland which sufficiently confuted all their vain Pretences and both of them being essentially necessary to this History are in substance added Appendix 5 6. But this Remonstrance met with better Fortune in the Irish Parliament which sat the Ninth of April for the English were then unluckily dividing into the Factions of Protestant and Puritan and some of the former very unwisely to back their Arguments against that Remonstrance compared it with the Scots Covenant which engendred such Heats in the House that the Parliament was prorogued to the Sixth of May 1643. However the Protestant Army did not neglect to sollicit their Affairs in England but by their Agents Sir James Mongomery Sir Hardress Waller Colonel Hill and Colonel Mervin they Addressed first to the Parliament to whom the King had committed the Care of Ireland and afterwards
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 ãâã a smart Battel on the Third of September wherein the English were Victorious and killed Seven hundred of the Rebels and took Fifty âsisoners 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 ãâã 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 âith the House to make a Bonâiâe 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 Rââland 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 â 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 sââessful 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 Mâyo 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 Gaââay 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
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 âood 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 ââoatlied 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
Ormond answers that Reply and the Twenty ninth of August they answer that And so after many alternate Messages and Expostulations on the First of September they began to ascertain the respective Quarters and the Irish Commissioners having on the Second of September proposed That the Limitation of Quarters should relate to the Day of Concluding the Cessation the Marquis of Ormond on the Third of September did offer a Temporary Cessation from that Day that they might be at the more leisure to manage the Treaty To which they answer the same day That the Lord Moor and Colonel Monk had invaded their Quarters and Garison'd some Undefencible Houses and Castles and if those be restor'd they are contented that both Armies may withdraw to their respective Garisons Ormond replies That he will consent to withdraw both Armies and as to the Restitution of Places it shall be considered in the Settlement of the Quarters and that many of those called Undefencible Places tho' not thought worthy of a Garison yet were for a long time absolutely in his Power and in the English Quarters and some of them not far from the Gates of Dublin and therefore not fit to be restor'd On the Fifth of September they proceeded about limiting the respective Quarters and on the Sixth of September Ormond writes to them That he heard their Forees besieged Tully a Garison Commanded by Sir George Wentworth who was imployed in procuring Necessary Provisions for him and desires the Siege might be rais'd But the Commissioners reply'd That Monk went to Wicklow the Twenty sixth of August and continues there ravaging and destroying the Country That this very Garison of Tully took away the Corn at Madingstown and therefore they could not hinder a Reprisal but if any of his Lordships Provisions be intercepted they shall be restor'd On the Seventh of September Ormond insisted on withdrawing their Forces from Tully and thereupon they sent an Order to Castlehaven to draw off his Army knowing I suppose that he had taken the Castle and propos'd a Temporary Cessation to the Marquis On the Eighth of September Ormond proposes That the Protestant Clergy and Proprietors may have a Proportion of their Estates in the Irish Quarters to support them and that where Goods were delivered in trust to any Irishman they may be restor'd On the Ninth Quarters were setled and the Preservation of Woods agreed upon but for the Clergy and Proprietors nothing could be done because the Cessation was Temporary and Sufferings of that kind they said were reciprocal On the Tenth of September the Irish Commissioners denied to continue a Cessation as to the County of Kildare unless it may be for the whole Province of Leinster which Ormond would not consent to Then they offered a Supply of Thirty thousand Pounds but on the Eleventh the Marquiss sent a Message to the Commissioners to order the Earl of Castlehaven to forbear farther Acts of Hostility since the Treaty was so near a Conclusion which they did and Ormond did the like to his Forces But it seems Castlehaven notwithstanding their publick Orders knew their private Meaning and therefore marched farther off to the Castle of Disert in the Queens County which he took after the Cessation was finished But on the Twelfth they insisted upon the Name and Title of His Majesty's most Faithful Subjects the Catholicks of Ireland and said That they used it in their immediate Addresses to the King but Ormond replied That he held it not proper at that time to be used to him On the Thirteenth they agreed That the Quarters should relate to the Day of the concluding the Cessation but the Marquis insisted That it was indecent for them to use Force in the County where His Majesty's Commission of Favour was executing and therefore required the Restitution of what they had taken in the County of Kildare since the last of August But on the Fourteenth of September this was refused on pretence that the English had incroach'd upon them in the same County by Garisoning undefensible Places but they offered the fourth Sheaf of Tully and all such Places so subdu'd or 800 l. in lieu of it The Marquis then propos'd to have the Cessation declar'd as from that time since all was agreed but the Commissioners said the Articles might be perfected by next day Noon and till then the Cessation could not be said to be made And so on the Fifteenth day of September the Cessation was concluded and the Articles and Instrument mentioned Appendix 16. were perfected and a Proclamation by the Lords Justices and Council for the Observation thereof issued accordingly bearing date at Dublin the Nineteenth day of September 1643. and Circular Letters were likewise sent by them to all Parts of the Kingdom to give Obedience thereunto But before the Marquis of Ormond would finish this Treaty he consulted all the Great Men and the Chief Commanders then with him who gave their Opinions as in the following Instrument is contained WHEREAS the Lord Marquis of Ormond hath demanded the Opinions as well of the Members appointed from the Council-board to assist his Lordship in the present Treaty as of other Persons of Honor and Command that have since the beginning thereof repaired out of several Parts of this Kingdom to his Lordship They therefore seriously considering how much His Majesty's Army here hath already suffered through want of Relief out of England though the same was often pressed and importuned by His most Gracious Majesty who hath left nothing unattempted which might conduce to their Support and Maintenance and unto what common Misery not only the Officers and Soldiers but others also His Majesty's good Subjects within this Kingdom are reduc'd And further considering how many of His Majesty's Principal Forts and Places of Strength are at this present in great distress and the imminent Danger the Kingdom is like to fall into And finding no possibility of prosecuting this War without large Supplies whereof they can apprehend no hope nor possibility in due time They far these Causes do conceive it necessary for His Majesty's Honor and Service That the said Lord Marquis assent to a Cessation of Arms for one whole Year on the Articles and Conditions this day drawn up and to be perfected by virtue of His Majesty's Commission for the Preservation of this Kingdom of Ireland Witness our Hands the Fifteenth day of September 1643. Clanrickards St. Albans Roscomon Richard Dungarvan Edward Brabazon Inchiquin Thomas Lucas James Ware Michael Ernly Foulk Hunks John Pawlet Maurice Eustace Edward Povey John Gifford Philip Persival Richard Gibson Henry Warren Alanus Cooke Advocatus Regis But the News of this Cessation met with different Entertainment according to the Interests and Inclinations of those it was carried to At the Court of England it was received with Joy and Ormond's Conduct and Fidelity magnified beyond measure It was admired that he could preserve His Majesty's Grandeur throughout the whole Treaty by not admitting the
Title nor Protestation of the Confederates his Prudence and Integrity in continuing the Irish Parliament were highly commended But that he should be able to get a greater Sum of Money from a beggarly Enemy than the Parliament of England had sent over at any one time till then could never be sufficiently applauded and to this effect Secretary Nicholas writes in his Letter of the Ninth of October and adds That it is believed there that the Irish will not observe the Cessation and therefore advises his Excellency to be upon his Guard and to take care the King 's good Subjects do not suffer by their violation of it and that the young Lord Moor pursuant to Ormond ' s Recommendation hath all his Father's Offices granted unto him But the Parliament of England had different Sentiments of this Cessation they inveighed against it as destructive to the dispossest Protestants of Ireland who were kept out of Possession by it another Year at least They said it was a Discouragement to the Adventurers whose Satisfaction was likewise delay'd hereby They said it gave an opportunity to the Rebels to recruit their Forces and to supply all their Wants But that which troubled them most was that they perceiv'd the King design'd to draw some of the Protestant Forces and hoped for some of the Popish Army from Ireland to assist Him against the Parliament In short they were enraged to that degree that they Voted to Impeach the Marquis of Ormond as a Traytor against the Three Kingdoms and to disable him of his Lieutenancy and of all Command in Ireland and they also made a formal Declaration against the Cessation which is inserted at large here Appendix 18. In answer to which the King published The Grounds and Motives of the Cessation which in effect were That the English Army in Ireland could no longer subsist without Supplies and that the Parliament took no care to send any but on the contrary the Earl of Warwick intercepted those that His Majesty sent and that the Parliament endeavor'd to draw the Scotch Army out of Ireland into England So that in fine there was an absolute Necessity of this Cessation as preparatory to a Peace which nevertheless he will never admit unless it be such a Peace as may be agreeable to Conscience Honor and Justice But all this did not satisfie those that were perishing for want of their Estates and Properties which the Rebels possest and were yet farther inrag'd by the fresh Insolences and Violences daily committed by the Confederates so that their Sufferings depriv'd them of that Moderation which at another time would have considered the Distresses of the Crown the Necessities of the Army and the other powerful Motives to this Temporary Agreement In like manner the Estates of Scotland declar'd against the Cessation and the Adventurers at London petition'd against it and even some of the Cavaleers were so dissatisfied at this unfortunate Truce that many of the Earl of Newcastle's Army laid down their Arms and the Earl of Holland withdrew from Oxford Whitlock's Memoirs affirming That after he had heard of the Cessation his Conscience would not give him leave to stay any longer there And some others of Quality afterwards followed his Example And indeed it appear'd by the Sequel that the Cessation was a mere Plot of the Confederates to ruin those by Treaty whom they could not destroy by the War Not that it would have proved so if it had been honestly perform'd according to their Stipulations and Pretences but that by a thousand Tricks and Subtilties they contraven'd every Point of it and besides the opportunity of reinforcing and furnishing themselves which no body blames them for they left nothing undone that could tend to the Ruin of the English For whereas before the Cessation the Army lived mostly upon what they forced from the Enemy that Course being stopped by the Truce there was no way left to support them but the 30800 l. promised by those Articles and which was depended upon for that purpose but most part of that Money was delivered in by such Driblets and so very long after it was due that it did little Service to those that were to receive it But that was not the worst for the Rebels made use of another Stratagem which no body could suspect and that was a Prohibition to all their Party not to sell Provisions to the English even for ready Money There was no Defence against this Flail and therefore many Places were deserted by the Warders who were starved out of them by this Contrivance Carlo Athy Leix Trim Dundalk and Naas suffered much in this Particular but it was worse with the Garisons in Conaught as appears by their Declaration of Grievances sent to the Lord Lieutenant wherein they affirm a Conspiracy amongst the Irish to starve them and that the Irish County Councils had issued out Warrants to seize the Goods and Estates of such Confederates as should buy or sell or use any Traffick with the English as appears Appendix 19. They also committed many secret and some publick Murders Peter St. George was so served at the Castle of Letrim where William St. George was likewise mortally wounded and it is reported but how truly I cannot say of a malicious Jesuit that sheltered himself at Kinnegad well known thereabouts by the name of Father Roe that he committed many Murders even in the Highway but this is more certain that the English were fain to pay Toll or Tribute for passage through the Irish Quarters in many places and that particularly at St. Johnston's Bridge great Sums of Money were extorted upon that score Moreover they had by cunning and secret Intrusions into deserted Castles and old Houses two or three days before the Cessation gotten Possession of much more Land than did belong to them or than they could have kept in time of War nevertheless this Possession though obtained by Fraud or Violence was detained by them under the umbrage of that Treaty They had also another Liberty by these Articles viz. To declare in whose Quarters they would choose to be and by this fetch whole Baronies were lost and particularly the Baronies of Barrymore and Imokilly scituate between Cork and Youghall and which had been always in the English Quarters and under the Protection of those Garisons did a day or two before the Cessation declare themselves to be in the Irish Quarters and so were privileged even to the Gates of Cork and Youghall from Contribution to those Garisons until the beginning of the year 1645. But besides the Breaches of the Cessation in Conaught contained in their Declaration of Grievances and the Complaints of Munster mentioned hereafter Appendix 17 there were several other Violations of those Articles as 1. That the Earl of Castlehaven after he had notice of the Cessation did nevertheless batter the Castle of Desert in the Queen's County and when he had taken and plundered it he shewed them the Articles of the
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 Coâncil 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
Lord George Digby That the Protestant Forces that came from Munster were much dissatisfied that the Protestant Agents from Ireland received so little Countenance His Lordship answered That the greatest Kindness he could do them was to call them Mad-men that he might not call them Roundheads for putting in such mad Proposals And he desired to speak with some of them but they refus'd to come to one that had expressed so much Prejudice against them On the Ninth of May these Agents were ordered to attend the King and Council which they did and His Majesty told them They were sent by His Protestant Subjects to move Him in their behalf and desired to know in what Condition the Protestants of Ireland were to defend themselves if a Peace should not ensue They answered That they humbly conceived they were employed first to prove their Petition and to disprove the scandalous Aspersions which the Rebels have cast upon His Majesty's Government and the Protestants of Ireland The King replied That it needed not any more than to prove the Sun shines when we all see it They answered That they thought His Majesty was not satisfied but that those of the Pale were forced into Rebellion by the Governors The King said That was but an Assertion of the Irish and then He renew'd His former Question about their Condition to resist if a Peace did not ensue The Agents desired time to answer but the King told them He thought they came prepared to declare the Condition of the whole Kingdom and asked them Would they have Peace or no The Agents answered They were bred up in Peace and were not against it so that it might stand with His Majesty's Honor and the Safety of His Protestant Subjects in their Religion Lives Liberties and Fortunes Then the Lord Digby interpos'd and said That the Agents desir'd a Peace Yes says the Duke of Richmond and Earl of Lindsey provided it consists with the King's Honor and the Protestants Safety And I would rather says the King that they should have their Throats cut in War than SUFFER by a Peace of my making but I will take Care the Protestants of Ireland shall be secured And then His Majesty told the Agents they should have a Copy of the Irish Proposals and Liberty to answer them but that they were to consider of Two things First That He was not in a Condition to relieve them with Men Money Ammunition Arms or Victuals And Secondly That He could not allow them to joyn with the New Scots or any others that had taken the Covenant The Protestant Agents having got a Copy of the Irish Propositions did on the Thirteenth of May present to His Majesty a full Answer to them recited at large Appendix 23. This Answer being read the King asked Whether they had answered according to Law and Justice or prudentially with respect to Circumstances The Agents replied That they looked upon the Rebels Propositions as they appeared to them destructive to His Majesty His Laws and Government and His Protestant Subjects of Ireland Whereupon the Earl of Bristol interpos'd and said That if they asked what in Law and Justice was due from the Rebels their Answer was full but that the King expected from them what was prudentially fit to be done seeing the Protestants are not in a Condition to defend themselves and the King will not admit them to joyn with any Covenanters The King also asked What would become of the Protestants if the Irish Agents should break off the Treaty which 't is feared they will do if their Propositions for the most part are not yielded unto To which the Agents replied That the Rebels might be brought to better Terms if they were held to it and that they were assured the Lord Muskery refused to come with limited Instructions but would be at liberty to do as he should see cause Whereupon they were ordered to withdraw But the Protestant Agents hearing that Sir Robert Talbot and Dermond mac Teig O Bryan had left Oxford the Twelfth of May and that the Lord Muskery and the rest departed thence the 22th addressed themselves to Secretary Nicholas to know if His Majesty had further Service for them and thereupon on the Thirtieth of May they kist the King's Hand and were told by His Majesty That he had written to the Marquis of Ormond concerning the Protestants of Ireland and that He would use His best Endeavors for them there as He did for Himself here and said He meant His good Protestant Subjects and not Covenanters or their Adherents And thus Reader you have the Secret of this Great Transaction whereby you will perceive That the Irish Agents filled with the Contemplation of their own Power and the evil Circumstances of His Majesty's Affairs thought that the King would purchase their Assistance at any Rate and therefore insisted upon such exorbitant and unreasonable Demands as would have subverted the Laws and Constitution of the Government and would have rendred the Protestant Religion at most but Tolerated and that it self but poorly and precariously On the other side the English Agents did not fail to chastize this Vanity and to mortifie the Confederates with a Scorn and Contempt both of their Conduct and Courage They represented to the King That the Rebels got more by the Cessation than they could do by the War In fine they press'd the Execution of the Laws and demanded Reparation for Damages sustained during the Rebellion and desir'd that the Irish might be disarm'd and reduced to a Condition of not Rebelling any more The Commissioners from the Council would gladly have moderated these matters but they found there was no trust to be reposed in the Confederates and the Irish would not agree to any other terms than what continued the Power in their own hands so that the English should have no other security of their future Tranquility but the Honour and Promise of the Rebels It was very difficult to reconcile these Jarring and Differing Interests and indeed impossible to do it in England and therefore the Irish Agents who were men of Parts and Address having cunningly insinuated to the King That they believed that their Principals when truly informed of His Majesty's circumstances would comply with them so far as to moderate their Demands to what His Majesty might conveniently grant and promised they would sollicite them effectually to that purpose prevailed with His Majesty to send over a Commission under the Great Seal of England to the Lord Lieutenant to make Peace with his Catholick Subjects upon Conditions agreeable to the Publick Good and Welfare that might produce such a Peace and Union in Ireland as might vindicate his Royal Authority there and suppress those in Arms against him in England and Scotland and he also sent Instructions to continue the Cessation for another Year This Commission came to the Lord Lieutenant on the 26th of July but in regard the Confederates chose a Clergyman I suppose the Bishop of
Error proceeded from the Excess of his Loyalty and that all this was done to hasten the Considerable Succors of Ten thousand Men unto him That it was to no purpose to consult Ormond in the Point since it was manifest and he had often declar'd as much when the like Articles were formerly propos'd that he would rather quit the Government than consent to Articles so prejudicial to the Protestants That the Earl had done it with all the Caution and Secresie imaginable even to the enjoyning it by Oath so that it did not come to be discovered but by an extraordinary Accident and that His Majesty remain'd not positively obliged because of the Defeasance mentioned also Appendix 27 So that the Penalty was only That the Army should not serve him till he did ratifie the Agreement and when the Army was once in England the Earl thought that the Articles would easily have been moderated by mutual Consent rather than it should go back again re infecta All these things being considered His Majesty was at length reconcil'd to the Earl and on the Eighth of July 1646. by Mr. Walsingham sent his Lordship a most kind and gracious Letter containing great Assurances both of Favour and Friendship On the other side the Confederates were netled at Glamorgan's Commitment and the Supreme Council by their Agents did on the Third of January offer to engage for his Appearance and suggested that Three thousand Men were ready to be sent to the King so that nothing was wanting but Shipping for their Transportation and the Liberty of their design'd General And on the 36th they renew their Solicitation and refuse to resume the Treaty until he be releas'd and urge that his Consinement retards the Succors intended for Chester And so on the 21th of January on his own Recognizance of 20000 l. and the Earls of Kildare and Clanrickard of 10000 l. apiece that he should appear on Thirty days notice he was enlarg'd and soon after went to Kilkenny where these Three things were recommended to his Care viz. 1. To hasten the Commissioners to conclude the Peace 2. To expedite the 3000 Men to the Relief of Chester And 3. To get 3000 l. to help pay the Army To which he return'd these Answers viz. To the First That they will renew the Treaty as soon as the Assembly hath digested Matters for the Commissioners To the Second That they are ready and shall be sent as soon as the Peace is concluded And to the Third That it cannot yet be done But Glamorgan's Peace being thus discovered and thereupon disownd and dissolv'd the Confederate Commissioners began to think seriously of making a more firm and lasting Agreement with the Marquis of Ormond who to hasten the Peace aâd consequently the Succors had sent his Assent to the Articles in the very Terms propos'd and acquiesc'd in by the Irish Commissioners at the last Meeting But the Case was altered and the Nuncio and the Clergy and their Party who would not be contented with any thing less than Glamorgan's Concessions thinking His Majesty's Condition to be so low and distressed that he would be necessitated to purchase their Assistance at their own Rate gave all the Obstruction they could to the present Agreement This unexpected Opposition to the Peace Nihil se quod alicujus esset momenti in rebus pacis que belli inconsulto Nuncio esse facturos decreverint Beling 15. very much embroil'd the Confederates so that they knew not what to do for on the one side they saw the Advantages yea even the Necessity of the Peace and yet it was against the Grain to determine a Matter of that Importance without the Consent of the Nuncio In this Strait they had recourse to a General Assembly which met in January following and the Nuncio representing his Master sate as President of it and they sent a Letter of Thanks to the Pope for the great Favour of sending them an Embassador The greatest and wisest Part of the Assembly were for the Peace and therefore did assert That the King had granted all the Temporal Conditions they desired and such as would infallibly render the Popish Party triumphant in that Kingdom and that it would be easy to get more on a fitter Season or when they should find occasion to ask again that even as to Spirituals they had Liberty of Conscience and all that was necessary to the Exercise and Enjoyment of Religion and that nothing was wanting but what served for Pomp or Ostentation and since His Majesty's Circumstances could not admit the granting of that publickly they ought to trust the King 's good Inclinations manifested to them as well by the Earl of Glamorgan as otherwise They own'd that they ought to obey the * * Summi Pontificis nutus arbitrii rationem ut par est se habere omnes prâfitebantur Ibid. 21. Pope's Pleasure in this matter but they denied that the Pope was against their Opinion on the contrary when his Holiness asked Mr. Beling How the Queen was enclined to the Irish and was told That he thought Her Majesty was well affected to them for that she had lately wrote a Respectful Letter to the Supream Council of the Confederate Catholicks of Ireland by that Title the Pope replied That it was no wonder if the most Serene King thought it unsafe publickly to grant the Irish the Conditions they demanded lest it might disoblige His Protestant Subjects and therefore A CONNIVANCE ought to content them for the present And accordingly the Pope did approve of the first Cessation and the continuance of it On the other side the Popish Clergy who will never be satisfied without the * * Nisi concessis tam Basilicis quam prediis Ecclesiasticis Ib. 18 177. Ecclesiastical Revenues and the Patrimony of the Church did as stifly urge That the Lord-Lieutenant should be beaten into better Terms and that if his Quarters were streightned and some few of his Garisons taken he must be forced to comply with their Demands In a word they sacrificed the Publick Peace to their Private Interests and Ambition and shewed but small regard either to His Majesty's Emergencies or the publick Tranquillity and with these sided the beggarly Nobility and Gentry and the deluded Multitude who are easily deceived by specious Pretences especially of Religion and the sooner if they are made under the umbrage of Apostolical Authority However the major Vote had then prevailed if the Nuncio had not again come into the Assembly and protested as his manner was upon the word of a Prince That an * * Sir Kenelm Digby Ambassador from the Queen was even by the â â Etiam rege consentiente Beling 24. King's consent at that instant treating a Peace with the Pope for the Irish and therefore conjured them not to precipitate any thing in so important a matter nor by concluding a dishonourable Agreement so scandalous to the Church to prevent a more glorious
Religion And they afterwards strictly prohibited all their people from obeying the Peace or paying Contributions to the King or to any that obeyed it on pain of Excommunication ipso facto which on the Fifth of October was formally issued with Notes as it is recited Appendix 31. But now it is time to look after our Heralds who as hath been already mentioned left Dublin on the Sixth of August in order to proclaim the Peace in the other Cities and Corporations They came to Waterford the Eighth where they were so unwelcome to all the people that no body would shew them the Mayor's House until at length a little Boy did it for Sixpence but the Mayor would not be seen for above four hours and when he was told their Errand he asked why they did not first proclaim the Peace at Kilkenny and they answered That they pursued their Orders and supposed the Reason might be because Waterford was next to Dublin one of the most ancient and considerable Cities in the Kingdom However after three day stay they could get no other Answer but that the Peace should be first proclaimed at Kilkenny and the Rabble threatned to send them packing with Withes about their Necks unless they made haste away From Waterford they went to Kilkenny where they were received with Respect and the Peace was there proclaimed even with excess of Joy and Pageantry It was also proclaimed at Calan Fethard and Cashell but Clonmell would not receive it until it should first be published at Limerick It was in the Evening of the Twentieth of August when they came to Limerick where they found the Gates shut so that they had no admittance till the next day Noon and then were civilly treated by the Mayor who was for the Peace however that day they could not agree but on the Twenty second it was carried by the major Vote of the Aldermen and Council That the Peace should be proclaimed and all things were prepared accordingly Whereupon Fryer Wolf with an armed Rabble of above 500 came to the High-Cross and denounced Excommunication against the Adherers to the Peace Nevertheless the Mayor who lived near the Cross was coming out in his formalities to make the Proclamation but the Rabble with hideous Outcries drove them back again and followed them into the House and pursued them even from Chamber to Chamber they wounded the Mayor and the King at Arms and drag'd them to Prison and they mortally wounded the Pursivant Henry King and most of the rest were likewise wounded and all were Imprisoned for about 10 days and the Mayor's House was broken and pillaged and during all this Tumult the Fryers cryed out Kill kill kill and I 'le Absolve you And what is yet more strange is That the Mayor was afterwards turned out and Dominick Fanning a principal Incendiary in this Commotion was made Mayor in his room and was by Letters from the Nuncio thanked for what he had done and encouraged to go on and the Apostolical Benediction was imparted to him for committing such an Outrage upon the Privileged Person of an Herald as all other Nations in the World would abhor But to proceed The Congregation at Waterford did also under the pain of Excommunication prohibit the Lords Mountgarret and Muskry from going to Dublin to consult the execution of the Peace nevertheless they went and in the Name of the Supreme Council invited Ormond to Kilkenny as well to countenance the Peace as to stop Insiquin's progress in Munster who triumphed over all Opposers and put the Country under Contribution as far as the Black Water Hereupon Ormond having first sent Daniel O Neal with great Offers to Owen Roe whom nothing could satisfie but the British Estates in Ulster prepared for his Journy and in the latter end of August he went to Kilkenny with about 200 Horse and 1200 Foot which small Party was a Guard more for State than Security for what need an Army amongst Friends His Excellency was received at Kilkenny with all imaginable Triumph and Respect and intended in conjunction with the Irish to march into Munster to force Insiquin likewise to submit to the Peace but when he understood what the Clergy had done and were doing at Waterford he sent some of Quality thither to perswade them not to interrupt the Peace which was likely to be so advantageous to the King and the People he offered his Lady and Children for Hostages that they should not be disturbed in the Possession of the Churches they then had which was the Secret Article not mentioned in the Publick and purposely so contrived by the Popish Bishop of Clogher â that on occasion they might the easier incense the Rabble by shewing that there was no provision for Religion in the printed Articles But all that he or the Supreme Council could do was to no purpose for the Nuncio and Clergy were resolved to * * Colonel Fitâ-Williams's Letter to the Lord Lieutenant have their wills or perish And that this may plainly appear it will be fit to give a short Account of the Negotiation between the Supreme Council and the Popish Clergy which was thus On the 24th day of August 1646 the Congregation at Waterford published a Declaration to be transmitted with the following Propositions at large and in Print to the Supreme Council I. That the Earl of Glamorgan's Articles grounded upon the King's Authority be printed and be made as firm and obliging as the present Peace that the Confederates do oblige themselves by Union Oath and otherwise to insist upon the same Articles and them to maintain till confirmed with the present Peace next Parliament And whereas it appears by His Majesty's Letters taken at Naseby that Ormond had Power to Repeal Penal Laws and Suspend Poyning's Act the Confederates expect the benefit thereof to be added to the Articles of the Peace and that those Letters be made Publick II. That the Generals of Ulster and Leinster be made General of the Horse and Major General of the Field and all other Catholick Officers continued if not advanced III. That no Garison be added nor Tax be imposed upon them till Parliament without Confent of some or one of the Commissioners of the Interval to see Equality IV. That the 7th Article of the Peace be changed as touching Universities and that the Institution and Discipline of them be Catholick V. That in all places to be recovered from the Parliament Roman Catholicks be restored to Estates Privileges c. and that the Free Exercise of their Religion be secured to them and all other Catholicks that shall please to dwell there And if the Supreme Council do not approve of these Propositions â then let them do one of these things viz. Retain their Civil and Military Power within their own Quarters independent as heretofore until His Holiness's and His Majesty's Pleasure can be known and in the mean time both Parties persue the Common Enemy Or else let them refer
Assistance of the Lord Digby they brought the matter so far to bear that on the 12th of November the Lord Digby writes thus to the Lord Lieutenant Yesterday the Lord Clanrickard and I finished our Negotiations to which Preston and his Army and Sir Philem O Neal and part of Owen Roes Army will submit You may depend on this Engagement of Preston and his Army since it cannot be violated without such a Perâidy â as certainly the Profession of Soldiers and Gentlemen hath never been guilty of The most that will be expected from you is a Declaration to this effect That whereas it is well known even by His Majesties Printed Letters that His gracious Intentions were to secure His Catholick Subjects of this Kingdom in the free Exercise of their Religion by repeal of the Penalties of the Law against them which in the last Articles was left out by the Subtilty of some of their own Party who intended to found this late mischief upon it that it was far from His Majesties intention or Yours to take advantage of that Omission but that they may rest as secure of His Majesties Favour in the repeal of the said Penalties as if it had been positively exprest in the Articles and that for matter of their Churches and Ecclesiastical Possessions it being referred to the King it was far from Your intentions to molest them therein till you knew His Majesties Pleasure in that particular As for your Engagement to obey His Majesties free Commands the Queen and Prince of Wales and my Significations to the advantage of the Catholicks during His Majesties want of Freedom and that you will not obey such Commands to the prejudice of what is undertaken as shall be procured by advantage of His Majesties want of Freedom Your Letter to the Marquis of Clanrickard will suffice you must proceed frankly c. And this was the Posture of Affairs when on the 14th of November Commissioners arrived from the Parliament with Fourteen hundred Foot and other Necessaries for the Preservation of Dublin which they expected to be given up to them upon the Terms proposed In what Condition was the Marquiss of Ormond now he had two inconsistent Treaties upon his hands and both well nigh concluded and he was in Danger least his own Army who abhorred any farther Correspondence with the Irish would with the Assistance of the Fourteen hundred Men newly come Deliver up both Dublin and him to the Parliament of England It is certain he had need of all that Dexterity and Presence of mind that he was Master of to extricate himself out of these Difficulties as he afterwards did It was never a Doubt with him whether he should preserve the Kingdom for his Majesty or submit it to the Parliament but the Question was whether an Union with the Irish would do the former since their Levity was such as that there could be no dependance upon them I have seen all the dispatches between Ormond and Digby upon this occasion and can assure the Reader that the Lord Lieutenant was prevailed upon against his own Judgment by the Lord Digby's importunity and when he did Consent he foretold the issue of that Reconciliation But we will first give an Account of the Treaty with the Parliament Commissioners and then discover the farther Proceedings with the Irish The Lord Lieutenant and Council being pressed by Enemies without and Necessities and intolerable Wants in the City did on the 26th day of September by Letters to the King and to the Lord Mayor of London represent the miserable Condition they were in and did also send over the Lord Chief Justice Lowther Sir Francis Willoughby and Sir Paul Davis in one of the Parliaments ships to the Parliament of England with Instructions from himself and the Council and other Instructions from the Council only The Instructions from the Lord Lieutenant and Council were 1. That a Difference ought to be made the between those that were Contrivers and first Actors of the Rebellion and those that by the Torrent of that Rebellion were afterwards accidently engaged therein and that the Confiscatitions of the former were sufficient to satisfie the Adventurers 2. That they demonstrate the necessity of making the late Peace for the Preservation of the Protestants for tho' the Protestants do survive the breach of the Peace the Reason is because the Irish are now divided and their Frame of Government dissolved 3. That before the Peace they the Lord Lieutenant and Council did enter into a Treaty with the Parliament Commissioners in Ulster to prevent it but by the Departure of the Marquis of Argile into Scotland and of Sir Robert King into England that Treaty fell for want of a sufficient number of the Commissioners and that misfortune was followed by the defeat of Monroe and the Scots at Bemburb 4. That England has receiv'd advantage by the Peace First by their experience of the perfidiousness and Treachery of the Irish â And Secondly by obtaining just cause to use them severely 5. That the Covenant may not be impos'd until it be done by Act of Parliament that nothing of it may be now imposed lest it divide the Protestants and hinder them from a joynt prosecution of the War and for the same Reason the Book of Common Prayer be not suppressed but let those use the Directory that will 6. To âustifie the Goverment and Conduct of His Majesties Servants and to wipe off all Scandals 7. To preserve the Estates Persons and Imployments of all those that went hence to serve His Majesty in England and did not joyn with the Rebels at least to get them Liberty to compound or to transport themselves and their Goods 8. That it be immediately published we have free Commerce and Traffick with the Parliaments Towns and Allies and that three or four Ships be sent to Guard our Coasts from the Rebels 9. That Magazines of all sorts be speedily prepared at Liverpool Chester c. 10. To advise them that if Succours be not immediately sent all will be lost and the recovery of it will cost ten times as much Blood and Treasure as it will to keep it now 11. That if the Soldier be not constantly Paid he will revolt to the better Pay-master and that the Revenue here does not keep the publick Persons and Clergy from want 11. That Directions be sent to the Parliaments Forces in Ulster Munster and Conaught to correspond and joyn with Us. 12. That if they send Forces under their own Officers Care be taken to Pay ours equally with theirs to prevent Difference and Mutiny 13. That Sir Francis Butler Colonel Richard Gibson Colonel Henry Warren Colonel Monk and Lieutenant Colonel Gibs now Prisoners with the Parliament Being Men that know the Country and are experienced in the Service may be rather sent than Novices and Strangers or any others Lastly Men without Money and Victuals will do us more harm than good And if as soon as you are
World upon whose Loyalty and Conduct in the Affairs of Ireland His Majesty did most depend But there is yet a greater Mystery in the matter and it was thus Whilst Ormond was in England the Scots * Earl of Lanerick Earl of Lauderdale ãâ¦ã Commissioners finding what usage was design'd to the King did endeavour to retreive the Honour of their Nation by doing something extraordinary in his Favour and the Presbyterians every where finding the prevailing Independents did despise the Sanctity of the Covenant and the Supporters thereof began to be Alarm'd so a proper Juncture of doing Service to the King was suddenly expected hereupon Ormond by the Kings Order met the Scotch Commissioners near Marlow and they for Scotland and he for Ireland undertook to promote His Majesties Service and in order to it he went to France and so into Ireland to prosecute this Design and not in Answer to the Irish Ambassy as they sancied and the same Reason prevailed upon Insiquin to joyn with him and it was pursuant to this Treaty that the Earl of Lanerick then Duke Hamilton invaded the Kingdom of England But as soon as the Parliament Commissioners in Ireland understood 27th July that the Marquiss of Ormond intended to return to that Kingdom they did all that was possible to prevent his Design and upon bare Suspicion seized upon Sir Maurice Eustace Sir John Gifford Sir Francis Willoughby Colonel William Flower the Lieutenant Colonels Ryves Capron and Smith Major John Stephens and Captain Peirce and kept them Prisoners in the Castle for some days and then sent them in Custody to Chester and they also kept Sir Thomas Lucas and Colonel Byron Prisoners at Tredagh As for the Military Motions this Year tho' they were not many nor in many Places Munster being entirely quiet and very little either of Leinster or Ulster disturbed yet they may be esteemed very considerable because they were between the Irish themselves for Insiquin had managed his Affairs so prudently by assisting the weaker side and the Nuncio had Acted so rashly in Excommunicating the Supream Council and their Adherents that Owen Roe and Preston and their Followers were engaged in as * Quod quidem ille acrius quam unquam fecerat in communes Religionis Regni hostes in Confederatos presecutus est Beling 118. fierce and as spiteful a War as any that had been since the Rebellion broke out so that Preston assisted by the Marquiss of Clanrickard took Athâone and besieged Athy and Insiquin in favour of the Supream Council besieged Fortfalkland and tho' Owen Roe came to relieve it and posted his Army so advantagiously between Insiquin and Munster that the English had certainly been starved if the generous Bounty of the Marquiss of Clanrickard had not supplyed them with Necessaries yet at length Owen Roe was forced to a retreat not much different from a Flight and the Fort was surrendered to Insiquiâ and with these Losses November and this Disgrace Owen Roe was so netled that he ravaged over the whole County of Roscomon and took Jamestown and so obstinately Stormed Carigdrumrusk that Rory Macguire and most of his Regiment were there slain and in revenge of it the Garison being all Papists were put to the Sword And by this Campaign Owen Roe was so weakned that he offered a Cessation to Colonel Jones and to carry his Army to Spain if Jones would give him Liberty to do so And it seems That the Marquiss of Antrim had some Highlanders in the Counties of Wicklow and Wexford which being joyned with the Birnes and Cavenaghs who were of the Nuncio Faction and rejected the Peace gave such Disturbance to the Supream Council that they were fain to send Sir Edmond Butler and Sir Thomas Esmond to suppress them which at last they effected tho' not without considerable Slaughter on both sides In the mean time Jones took Ballysannon Nabber and Ballyho and many of the Scots being gone to assist Duke Hamilton's Invasion of England Colonel Monk by the means of Sir Price Coghrun and Lieutenant Colonel Cunningham surprized Carigfergus and in it Monroe September whom he sent Prisoner to London and then had an easie Conquest of Belfast and Colerain and Sir Charles Coot had no very hard one of the Fort of Culmore and for those good Services the Parliament Presented Colonel Monk with 500 l. and made him Governour of Carigfergus But in November the Irish Ambassadours to the Pope returned to Ireland and brought with them abundance of Relicks but no Money Beling 196. as may be easily gathered from the following Letter from Sir Richard Blake to Sir Robuck Linch Sir THIS day the Lord Bishop of Fernes and Mr. Plunket gave an account of their Negotiation to the House they made a full Representation to his Holiness of the desperate Condition of the Kingdom that without present and good Supplies which they expected from his Holiness there was no hope of the Preservation of the Catholick Religion or Nation That his Holiness was bound in Justice to do it his Nuncio here having in a General Assembly of the Confederates undertaken That the Sum promised Sir Kenelm Digby for the Wars of England upon good Conditions for Catholicks would be applied to the Service of the Catholick Confederates of Ireland but after four Months attendance their Answer was there being no Intelligence then of our Distance or Divisions with the Lord Nuncio or Owen O Neal That his Holiness hath sent by the Dean of Firmo a considerable Help unto us and that he had no account how that was disposed of That the Turks were in Candia and threatened Italy That there was great Scarcity of Corn in Rome and the adjoyning Territories and that a great Sum of Money must be issued to satisfy the Commoners That his Predecessor Pope Urban had left the Treasury empty and the See deeply charged with Debt That the Cardinals and others who had Pious Intentions to advance our Holy Cause were Poor and hardly able to maintain their own Ports so that nothing could be expected from them And for the Conditions the Agents expected from his Holiness for Religion upon our Treaty with the Queen and Prince he said that it was not proper for the See Apostolick to grant any Articles to Hereticks though it be true that Catholick Princes in Germany and other Kingdoms do it As for the Nuncio's Engagement That the Catholicks of Ireland should be Supplied by his Holiness in their Maintenance of the War that he had no such Commission though it was true that his Holiness would give Money for Conditions of Religion but none upon the Event of War Our Agents heard not of our Disunion and Raptures in this Kingdom until after their taking leave of his Holiness and then when the same was known and published in Rome they heard from some eminent Persons That what his Holiness was resolved to give for our Support he knew not to what Party he
Majesty how his Authority was despised by those great Pretenders to Loyalty to which his Majesty answers by his Letter of the 2d of February That he wonders at the Ingratitude of the Irish in the apparent breach of their Recognition of him in the beginning of the Articles of Peace and their solemn Protestations to himself And orders That if Ormond finds them incorrigible â he should timely advise the King of it that not believing himself bound to the Conditions of Peace whilst they are destructively infringed by the Irish and made useless to his Majesty he may use other means for his Restitution and that Ormond should withdraw as soon as he thinks fit In the mean time the Popish Prelates and Clergy met proprio Motu at Cluanmacnoise and though it was expected that by the means of the Marquess of Antrim they would do something or other that would be very disobliging and seditious yet on the contrary they made most pathetical and pious Exhortations to Unity and to lay aside all National and other Animosities and declared it was in vain to expect any tolerable Conditions for their Religion Liberties and Estates from Cromwell in a word they said so much and so well that the Lord-Lieutenant was almost deceived into fresh hopes of their Loyalty and Integrity But an Adder cannot be without a sting nor a Popish Ecclesiastical Congregation meet in Ireland without doing something disobliging to the Royal Authority whilst in Protestant hands and even this meek and pious Assembly could not dissolve until it had spit some of its Venom in a Schedule of Grievances But it is yet more strange P. W.'s Remonstrance 83. that some body had the confidence to obtrude a spurious Paper of Greivances on the Commissioners of Trust instead of the true one and they gave it to the Lord-Lieutenant Whereupon he being highly incensed demanded of the Bishops whether they own'd that Paper and they denied it and on the first of April and not till then produced the true one which was pragmatical enough but not near so bad as the other But that the whole Kingdom might be satisfyed that there were no real Greivances nor just cause of Complaint since all the Mischiefs that had hapned were occasion'd by the Obstinacy of the Ungovernable Corporations Ormond did permit the Commissioners of Trust to issue their Circular Letters for Deputies from all parts of the Kingdom to represent their Grievances and accordingly they came in the latter end of January but being alarum'd at Kilkenny these Deputies adjourned to Juny I suppose Innis in the County of Clare where they made much noise but never had the confidence to reduce their clamour into writing and the Lord-Lieutenant left the City under the Government of the Earl of Castlehaven and went himself to Limerick to which place by his Letters of the 27th of February he invited the Popish Prelates and Clergy and they being come accordingly on the 8th of March his Excellency proposed to them That unless the People might be brought to have a full Confidence in him P. W.'s Remonstrance 75. and yeild a perfect Obedience unto him and unless the City of Limerick in particular would receive a Garrison and obey Orders there was no hopes of making any considerable Opposition to the Enemy and desired them to deal freely if they had any mistrust of him or dislike of his Goverment since he was ready to do any thing for the Peoples preservation that is consistent with his Honour and his Duty to the King And since it was manifest that the Name without the Power of Lord-Lieutenant could bring nothing but Ruine upon the Nation and Dishonour upon him they should either procure entire Obedience to his Authority or propose how the Kingdom might be preserved by his quitting it To all which they answer'd with many expressions of Respect and Affection and gave his Excellency a Paper of Advice mention'd Appendix 45 and so we must leave them for a while and see what was done in the rest of the Provinces In Ulster the Presbyterians and especially the Scots were fierce against the Parliament of England insomuch that the Presbytery of Belfast did on the 15th Feb. 1648 publish a Paper entituled A necessary Representation of the present Evils and eminent Dangers to Religion Laws and Liberties arising from the late and present Practises of the Sectarian Party in England together with an Exhortation to Duties relating to the Covenant The design of which is to exhort the People from associating with Sectaries or Malignants To which Sir Charles Coot and others of the Parliament party made an answer wherein they observe That if they decline the Parliament Burlace 207. they shut the door against all Succours and Supplies from England And secondly They make a Rent and Division amongst themselves And thirdly Must joyn with the Rebels or desert the Kingdom And lastly Must fight against an Army that hath been the Instrument of the Liberty of England and the Quiet of Scotland And it is certain that for want of due regard to the Dilemma in the third Observation the Presbyterian party fell into the Inconvenience mentioned in the second for the Lord of Ards Sir George Monroe and others joyned with the Lord-Lieutenant and the Irish in submission to the King whilst many of the Preachers declaimed so passionately against both Malignants and Sectaries as they called the King's party and the Parliament's that Sir George Monroe was fain to send many Letters and some Threatning Messages to silence them But this Division became the occasion of their Ruine for though they had once all Ulster except London-Derry which was also besieged yet they were in very few Months subdued for as soon as that Siege was raised by Owen Roe Sir Charles Coot marched abroad and took in Colârain And Venables being by Cromwell detach'd from Tredagh had Belfast surrendered to him and though Collonel Trevor did fall upon Venables in his Quarters on the Road to Belfast yet he was bravely repulsed by the Valour of Captain Meredith and then Venables marched to Carrifergus which submitted to him even before his Foot came up and being joyned with Sir Charles Coot they beat Monroe and the Scots on the Plains of Lisnegarvy on the 6th of December and so the Parliament became Masters of most part of what the Presbyterians possest in Ulster But it must not be forgotten that Lieutenant-Collonel Owen O Conally the first Discoverer of the Irish Rebellion marching with a party of Horse from Belfast to Antrim was fallen upon by Monroe and totally routed and himself slain And as for Conaught Beling 196. I find no other mention of any Action there but that the Marquess of Claârickard took Sligo in the Month of May 1649 I suppose from some of the Parliament party In the mean time Cromwell took advantage of the fair Weather â and knowing that nothing could be so destructive to the Irish who wanted all
observe That it was a constant Rule with him ever since his coming to the Government in the year 1662. to order the Muster-Master to check the Pay of every Officer and Soldier that did not produce a Certificate of taking the Sacrament twice a year On the 2d of December Circular Letters were sent to the Justices of Peace to make a strict search after the Titular Bishops and Regular Clergy that did not transport themselves according to the Proclamation of the 16th of October and on the 12th of December a Proclamamation issued to quicken the Justices of Peace in searching for Arms c. On the 13th of December issued a Proclamation taking notice of a Letter scattered in the Streets of Dublin intimating a Conspiracy against the Life of the Lord-Lieutenant and promising Protection and Reward of 200 l. to the Discoverer and at length one Jepson a young man newly perverted and two Priests his Abettors were taken and imprison'd for the Fact In the mean time the Lord-Lieutenant took great care to revive the Militia and to Discipline Arm and Array them And on the 26 th of March 1679. there issued a Proclamation to seize the nearest Relations of Tories and to imprison them until such Tories are killed or taken and to apprehend the Popish Priests of every Parish respectively and transport them beyond Seas unless within fourteen days after any Robbery or Murther committed the Criminals be taken killed or discovered And on the same day a Reward of 10 l. for taking a Jesuit or Titular-Bishop was promised by Proclamation And not long afterwards the Lord-Lieutenant and Council by their Letter ordered the Popish Inhabitants to be removed from Galloway Limerick Waterford Clonmell Kilkenny and Droghedagh except some few Trading Merchants Artificers and others necessary for the said Towns and Garisons and by vertue thereof many were expelled but by the stupidity of the Protestants and at their request and upon their Security the Papists were readmitted into those Towns Some time before this there was a great blow given to Popery by the Conversion of Dr. Andrew Sall a Learned and a Pious Man He had been a Jesuit of the Fourth Vow and in great esteem amongst that Party He was afterwards made one of the King's Chaplains and continued a good Protestant till his death On the 3 d of April 1680. the Earl of Anglesey wrote to the Lord-Lieutenant That Hetherington is sent over to Ireland to make good his Information if he can and that it is His Majesty's absolute and unalterable pleasure advised by all the Council to have every individual of the Popish Clergy seized and imprisoned till they petition to be sent over Seas and promise never to return or practice against the State for there is no other way to cure their Madness And that there are those in England that will undertake to apprehend them all To which His Excellency on the 17 th of April returned this Answer That above a year ago two Proclamations did issue against the Popish Clergy with promise of Rewards to those that should apprehend them and that if any in England will undertake it they shall have the promised Reward and his Thanks besides And that to tell him of the insolent Deportment and signal Perfidy of the Popish Clergy of Ireland is to preach to him that there is pain in the Gout and protests That he would rather be rid of Them than of that Disease And for his farther sense of them refers to a Letter of his printed near the end of P. W. ' s Remonstrance In May 1682. His Excellency went to England leaving his Son the Ear of Arran Lord Deputy until his return which happened in August 1684. On the 14th of March 1683. issued a Commission of Grace to the Chief Governour Chancellor High-Treasurer Chancellor of the Exchequer the three Chief Judges Master of the Rolls Secretary of State the second Justice of the Kings-Bench and the two Barons of the Exchequer to grant His Majesty's Title to those that were in possession and to grant Mannors and other Privileges for a reasonable Fine c. and by vertue hereof a Court called the Court of Grace sate at the King's-Inns which at length dissolved by the death of the King which happened on the 6th day of February 1684. As soon as the News of the King's death arrived at Dublin the Duke of Ormond summoned the Council and the next day they proclaimed King James II. great Solemnity but with such dismal Countenances and so much Concern as if they had that day foreseen as many did the Infelicity and Misfortune of the following Reign The Irish are generally a People that bear Adversity better than Prosperity In Tribulation they have shewn some Fortitude and Patience but they never met with the Smiles of Fortune without Transportation and Extacy and upon this extraordinary occasion they grew so extravagant and wild that I dare âver That the Irish in the short Reign of King James did commit more Insolencies on the English than These did on Them in 500 years before The Instances of this sort are innumberable and the Circumstances almost incredible It would be too tedious to enumerate the particular Batteries Perjuries Affronts and Murthers and therefore I will confine my self to Generals and of that sort was The desertion of their Cabbins by the Irish for several months together under pretence of a fear of being murdered by the English and this was done throughout the Kingdom and in many Parishes where there were few or no English to be afraid of and the design of all this was to get the English disarm'd and to usher in a practice which was as general viz. Of impeaching the English for assembling together in the night-time And although the Perjuries in this Affair were so notorious that the very Promoters of this Design were asham'd of it yet near 3000 were indicted of this Offence and for Treasonable Words and the like in one Vacation and especially in the County of Tipperary and if the Courage and Integrity of Sir John Mead had not âtopped their Career there the Consequence of this Trick had been fatal to the English of that County and as it was it did them a great deal of harm And in the County of Cork Major Lawless a waspish and inveterate Fellow was the grand Prosecutor but he having more Malice than Wit managed the matter with such rashness and unbecoming vehemence as expos'd him to the Censure even of his own Party And besides a thousand other severities he did to the English he caused Sir Emanuel Moore Edward Rigs Esq and thirty-three Protestants more to be indicted and tried for High-Treason although he had nothing at all to say against the first but that he was a Protestant nor any more to object against the second but that he should say That he had a good Estate in England and if he could not live quietly in Ireland he would go thither However he was so
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
as followeth viz. That the County of Galway the County of the Town of Galway the Counties of Mayo Roscomon Sligo and Letrym in the Province of Connaght and all such Castles Lands Tenements and Hereditaments in the said Province which the said fifteenth day of September 1643 at the hour aforesaid are possessed by the said Roman Catholick Subjects now in Arms c. and their party shall during the said Cessation remain entirely in the possession of the said Roman Catholick Subjects now in Arms and their party excepting all such Territories Castles Lands Tenements and Hereditaments within the said several Counties which upon the said fifteenth of September 1643 at the hour aforesaid are possessed by any of His Majesties Forces or by their party or by any of them and that those who after taking protection of any of His Majesties Forces or any of that party or from any Governors deriving Authority from His Majesty there have joined themselves to the said Roman Catholick Subjects now in Arms c. and their party shall pay no Contribution unto such who protected them But in regard there may be a rule different touching Persons that may be said to do this and consequently touching the Contributions payable by them It is concluded and accorded that such Disputes and Questions if any shall arise be determined by Commissioners indifferently chosen on each side and it is concluded and accorded that the like rule for sowers and manurers of Corn within the Quarters of each other shall be observed in the Province of Connaght as is set down for Leinster 11. It is concluded and accorded and the said Marquess of Ormond for and in the Name of His Majesty doth promise and undertake that no interruption shall be given unto any of the said Roman Catholick Subjects now in Arms c. or their party in any of the said Counties Quarters or Places by the said precedent Articles unto them or any of them limited as aforesaid during this Cessation like as the said Donnogh Viscount Muskery and the rest of the above named Persons who are authorized as aforesaid do promise and undertake that no Interruption shall be given unto any of His Majesties Forces Protestant Subjects or such as adhere unto them within any of the said Counties Quarters or Places by the precedent Articles limited unto them as aforesaid during the said Cessation 12. It is concluded and accorded that no Officer of the Army or Souldier of either side shall be admitted without licence from the Commander in chief of the Army on both sides or of the Commander of the next chief Garrisons respectively to pass or repair into any Garrison on either side save that it be lawful for either party to furnish any Garrison in their power during the Cessation with Victuals Cloth Ammunition or other Necessaries by licence as aforesaid which is not to be denied upon demand 13. It is concluded and accorded that if any Army or Forces in this Kingdom raised by His Majesties Authority or any part thereof or any other His Majesties Subjects shall not yeild obedience to the Articles of this Cessation but shall publickly stand in opposition thereunto that the said Roman Catholick Subjects now in Arms c. and their party may prosecute such And the said James Marquess of Ormond doth promise and undertake that such who shall so stand in opposition shall not be assisted protected or defended against the said Roman Catholick Subjects now in Arms c. or their party by His Majesty or any of his Forces And yet nevertheless the same shall not be understood to be any breach of Cessation as to other parts of the Kingdom which shall conform and yeild thereunto And whereas the assistance of His Majesties Forces is desired by the said Roman Catholick Subjects now in Arms c. against such as shall oppose the Articles of this Cessation and will not yeild obedience thereunto or interrupt the Trade and Traffick albeit that it is not to be supposed that there will be any such the said James Marquess of Ormond doth further promise and undertake that their said request shall be made known to His Majesty and upon signification of his pleasure the same shall be obeyed 14. It is concluded and accorded that if in other cases it be pretended on either side that the Cessation is violated that yet no Act of Hostility is immediately to follow but first the party complaining is to acquaint the Lord General Lieutenant-General or other chief Commander of either side in that Province in which the said Cessation is pretended to be violated therewith and to allow fourteen days after notice given for reparation or satisfaction and in case reparation or satisfaction be not given or tendred then fourteen days notice to be given before Hostility begin 15. It is concluded and accorded that all Prisoners and Hostages of both sides in all parts of the Kingdom excepting such of them as are indicted of any Capital offence shall be mutually released and set at liberty within seven days after publication of the said Cessation And the said Marquess of Ormond doth further promise and undertake that such Prisoners who are indicted of any Capital Offence shall be set at liberty upon Bail until His Majesties further Pleasure be known therein Provided nevertheless that if any party of His Majesties Army in any other Province of the Kingdom shall not within ten days after Publication of these Articles yeild obedience thereunto that the same shall be no breach of Cessation but that His Majesty be first made acquainted with such Disobedience and his direction expected therein And that all other Persons that do reside with either party and all Women and Children shall be permitted within seven days after publishing of this Cessation or when they please with their Goods and Chattles to depart to what place they please with a safe conduct or convoy if they desire it 16. It is concluded and accorded that the said Roman Catholick Subjects now in Arms c. and their party may at any Time during the Cessation send such Agents to His Majesty as they shall think fit And that the said Agents shall have safe Conduct in writing from the chief Governor or Governors of this Kingdom for the time being upon demand 17. It is concluded and accorded and the said Marquess of Ormond doth promise and undertake for and in the Name of His Mujesty that all and every of the precedent Articles which have been agreed unto and undertaken by the said Marquess for and in the behalf of His Majesty shall be faithfully truly and inviolably observed fulfilled and kept And the said Viscount Muskery c. For and in the behalf of the said Roman Catholick Subjects now in Arms c. and their party do promise and undertake that all and every of the precedent Articles which have been agreed unto and undertaken by them for and in the behalf of their party shall be faithfully
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 any of his Majesties Roman-Catholick Subjects Party or their Adherents other than such things as upon this Treaty shall be 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 such other things as shall be propounded to either or both Houses by the Lord Lieutenant or other chief Governour or Governours 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 these Articles or any of them 3. It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further 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 since the Seventh of August 1641 shall be vacated and that the same and all exemplifications and other Acts which may continue the memory of them be made void by Act of Parliament 4. It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased that all Indictments Attainders Outlawries in this Kingdom and all the Processes and other proceedings thereupon and all Letters Patents Grants Leases Custodiams 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 since the Seventh of August 1641 in prejudice of the said Catholicks their Heirs Executors Administrators and Assigns 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 Assigns or any of them or the Widows of them or any of them and that to be done immediately after concluding of these Articles and at furthest before the First day of October next or in case the said new Parliament be called sooner than the said last day of November then Forty days before the said Parliament And that 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 before the said Parliament provided that no man shall be questioned by reason of this Article for mesne rates or wastes saving wilful wastes committed after the First of November 1645. 5. It is further concluded accorded and agreed upon by and between the said parties And His Majesty is further graciously pleased that all debts do stand in state as they were in the beginning of those troubles and that no grant or disposition made or to be made thereof by vertue or colour of any Attainder Outlawry Fugacy or other Forfeiture whatsoever or otherwise shall be of force and this to be passed as an Act in the said next Parliament 6. It is concluded accorded and agreed by and between the said parties and His Majesty is graciously pleased that for the securing of the Estates or reputed Estates of the Lords Knights Gentlemen and Freeholders or reputed Freeholders as well of Connaught and County of Clare or Country of Thomond as of the County of Limerick and Tipperary the same to be secured by Act of Parliament according to the intent of the Five and Twentieth Article of the Graces granted in the Fourth year of his Majesties Reign the Tenor whereof for so much as concerneth the said Proposition doth ensue in these words viz. We are Graciously pleased that for the securing of the Inhabitants of Connaught and Country of Thomond and County of Clare that their several Estates shall be confirmed unto them and their Heirs against Vs 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 Vs 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 due or which ought to be answered unto Vs out of the said Lands and Premises by any Letters Patents past thereof since the first year of King Henry the Eighht or found by any Office taken from the said first year of King Henry the Eighth until the One and Twentieth of July 1615 whereby our late dear Father or any His Predecessors actually received any profit by Wardship Liveries primer Seisins mesne rates Oâster le mains or fines of alienations without licence be again reserved unto Vs Our Heirs and Successors And all the rest of the premises to be holden of Our Castle of Athloane by Knights Service according to our said late Fathers Letters notwithstanding any Tenures in Capite found for Vs by Office since the One and Twentieth of July 1615 and not appearing in any such Letters Patents or Offices within which rule it is His Majesties pleasure and it is so concluded and agreed that the said Lands in the Counties of Limerick and Tipperary 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 and it is the intention of the said parties to these presents that the said Lords Knights Gentlemen and Freeholders or reputed Freeholders of the said Province of Connaught County of Clare and Country of Thomond and Counties of Tipperary 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 Respites and Issues of Homage any clause in this Article contained to the contrary notwithstanding And as for the Lands within the Counties of Kilkenny and Wickloe unto which His Majesty was Intituled by Offices taken or found in the time of the Earl of Strafford's Government in this Kingdom His Majesty is graciously pleased that the state thereof shall be considered in the next intended Parliament wâârein His Majesty will assent unto that which shall be Just and Honourable And it is further concluded and agreed by and between the said Parties and His Majesty is further graciously pleased 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 One and Twentieth Year of His late Majesty King James His Reign in England 7. It is further concluded accorded and
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
without looking after the Lord Marquess of Clanrickard for Advice or Consent and in effect if the number to be put into Garrisons be not so ascertained â that it may master the rest there from the Protestant Party it is but to offer our Men to the Slaughter and expose our selves to what conditions they please our Army abroad being thereby diminished and the Party put into Garrison subject to be removed at the pleasure of him that shall command in chief As to the Fourth whether the Catholick Lord General be of the Catholick Union or faithful to the same and what Commands to be conferred on our Generals or Commanders or upon which of them or for what time to continue or to what chief Garrisons they shall be drawn or in what number or how long they shall continue there are wholly uncertain and all the particulars are alterable and subject to the Will and Pleasure of the Chief Governor for the time being The Fifth only is matter of Security and mends not the conditions granted if the same were obtained as is propounded and if our Union were dissolved by any agreement before performance what means is left us to expect or obtain performance And certainly where the Lord Marquess of Clanrickard grounds all he doth in this on his own undertaking without Warrant from his Majesty we cannot prudently suppose having no other Grounds for it but his Majesty will disavow it when he did disavow the undertaking of the Earl of Glamorgan to the Confederate Cathotholicks made more solemnly to the Persons wherewith the Government was entrusted and who had thus far an advantage beyond the Marquess of Clanrickard that his Lordships the Earl of Glamorgans Concessions were grounded on his Majesties known authority under his Seal Manual and attested with his Royal Signature whereas the Marquess of Clanrickard goeth only on his own undertaking As to the Sixth it containeth no certain command or order which may in future be had from his Majesty and being a certain contingency needeth no Answer As to the Seventh concerning his Lordships undertaking to sollicite for redress to be had in the next Parliament therein we find no manner of assurance for all those who unjustly lost their Estates in Ireland other than that the Lord Marquess of Clanrickard will Petition sollicite perswade and use his best endeavours whereof no man is Judge but himself and the event and engagement uncertain and the Act of Oblivion being only by that instrument of engagement to extend to those that shall joyn therein and which engagement is now suddenly expected to be concluded there all others of the Nation that are absent who cannot joyn therein so suddenly and are not privy are left open to the danger of the extremities of the Law both for their Lives and Estate And lastly we conclude that the General Assemby now at hand is the only means left to conclude a certain stable Peace in this Kingdom and no private or particular undertaking of any Subject unqualified with any appearing authority besides the former inducements to satisfy you you ought seriously to consider that the Earl of Glamorgans Concessions grounded on his Majesties authority and read in the General Assembly held in Lent last and on which they wholly relyed will by these propositions if accepted be absolutely waved contrary to the intention of the whole Kingdom which we desire may be seriously reflected on amongst the rest those Concessions by many degrees being more valuable and grounded on clearer authority than the offerings or undertakings now made John Baptista Archiepiscopus Firmanus Nuncius Apostolicus Jo. Clonfert Emer Clogherensis Louthe Fr. Pa. Plunket Alexander Mac Dnonel N. Plunket Robert Lynch Piers Butler Appen XXXVI A Declaration of the General Assembly against the Peace of 1646. THis Assembly having met to consider of the great affairs of the Kingdom and for the settlement thereof have seen and perused a Decree Dated the 12 of August 1646 made and published by the Congregation of the Clergy then convened at Waterford by which the Peace contained in Thirty Articles past betwixt the Lord Marquess of Ormond Lord Lieutenant of Ireland on his Majesties behalf and certain Commissioners intrusted by the Confederate Catholicks of Ireland was declared unsafe and under penalty of Censure not to be accepted or adhered unto by the said Confederate Catholicks and protested against as not containing security for the free exercise of the Catholick Religion and having likewise at large heard what the said Commissioners the late Supream Council and Committe of Instructions produced from the grounds they proceeded on do find as to that part which concerneth Religion the said Commissioners Council and Committee did not rely only on the said Thirty Articles but also on certain other Articles perâected and agreed on between the said Commissioners of the one part and the Right Honourable the Earl of Glamorgan on the other part by Authority from his Majesty to the said Earl which Authority ensueth in haec verba and so recites it verbatim Which Articles contain so advantagious Concessions for matters of Religion together with such other strong motives and encouragements upon which the said Commissioners Council and Committee resolved to insist and upon breach thereof to call an Assembly and resume their former Power as by an Order of this House and other Orders of the Council did appear unto this Assembly as did induce the said Commissioners and Committee to conclude the said Peace though by reason of many Accidents happened since the said Agreement which were offered in the debate of this Cause in the House the said Agreement with the Earl of Glamorgan was and is held unsecured to be relied on for the free exercise of the Catholick Religion by the said Confederate Catholicks This Assembly therefore most humbly acknowledging his Majesties gracious and favourable intentions expressed in many particulars of the said Articles and Agreements yet forasmuch as the said Confederate Catholicks are not satisfied or secured by the said Peace in their Religion Lives Estates or Liberties therefore and for many other Important Reasons and Weighty Considerations the said General Assembly may not accept of nor submit unto the said Peace and do hereby protest against it and do declare the same Invalid and of no Force to all intents and purposes And do farther declare that this Nation will not accept of any Peace not containing sufficient and satisfactory security for their Religion Estates Lives and Liberties of the said Confederate Catholicks And this Assembly do likewise declare that the said Council Committee of Instructions and Commissioners of the Treaty have faithfully and sincerely carried and demeaned themselves in their said Negotiation pursuant and according to the trust reposed in them and gave thereof a due acceptable account to this Assembly Given at Kilkenny the Second of February 1646. Ex. per Phillip Carny Cl. Gen. Concil Hiberniae Appen XXXVII The Marquess of Clanrickard's Letter to Sir Luke
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 Thoââââ 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
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 Purâuivant be sent and Lastly If this be not sufficient in case the Sum be of value that then Our Vice-Treasurer by Warrant from Our Deputy and Council shall appoint a competent Number of Soldiers of the next adjoyning Garison to collect Our said Rents at the Charge of the Parties complained of having care that any Man be not burdened with a greater number of Soldiers than the Service shall necessarily require III. And when Necessity requires the Marching of Our said Soldiers against the Enemy or Rebel That the Officers imploy'd shall give Ready Money or Ticket to be defalked out of their Entertainment and duly paid into the Country upon demand without taking Money Pawns or Distresses but such Meat and