posted near Capoquin with a small Wood at their Backs and tho' he had but Sixty Horse and One hundred and forty Foot yet he boldly Charged them and killed two of their best Captains and Two hundred of their Soldiers with the loss of onely one English Man On the Ninth of August the Castle of Glin was taken by the Lord Forbes who came with his Fleet from before Gallway and Sailed up the River of Shanon and on the Twenty first the Lords Dungarvan and Broghill took the Castle of Ardmore with the Saughter of One hundred and forty of the Rebels But Provisions beginning to grow scant the Lord Insiquin drew out One thousand eight hundred Foot and Three hundred and sixty Horse and near Liscaroll met with the Irish Army under the Lord Mountgarret who was accompanied by the Lords Muskery Roch Ikerin Dunboin Castleconnel and Brittas and it came 〈◊〉 a smart Battel on the Third of September wherein the English were Victorious and killed Seven hundred of the Rebels and took Fifty â—sisoners and one piece of Cannon and two Field Pieces without any loss on the English side except that of the valiant Lord Viscount Kinalmeaky who was slain in the beginning of the Fight by a shot in his Neck and Sixteen private Soldiers In this Battel the noble Earl of Cork who never begrudged what he ventured for the Service of his King and Country had no less than four Sons viz. the Lords of Dungarvan Kinalmeky and Broghill and Mr. Francis Boyle since Viscount Shanon About the same time the Lord Forbes with his Regiment Landed at Kinsale and marched to Bandon and being joyned with Three Bandon Companies of Foot and some Horse they went to Rathbarry to relieve Captain Freak who had been besieged there since the Fourteenth of February but when they came to Cloghnikilty on the Eighteenth of October they thought fit to leave Two Scotch Companies and one Bandon Company there to secure that Town till their Return but it was not long after their Departure before a numerous Rabble of the Irish rushed upon them from all sides whereupon Groves who Commanded the Bandon Company advised to retreat towards their main Body which was not above four Miles from them but the Scots thought that dishonourable and refused and the Consequence was That the two Companies of Scots were cut in pieces but Groves valiantly made good his retreat a full Mile to an Old Danes Fort in the way to Ross which he justified manfully till the rest of the Forces came up to him and then they fell upon the Irish and forced them into the Island of 〈◊〉 and the Tide being in above Six hundred of them were killed and drowned whereupon the English marched to Cloghnikilty and relieved a great number of Men Women and Children which were imprison'd in the Market-house purposely to be burnt together â—ith the House to make a Bonâ—iâ—e for joy of the easie Victory they promised themselves over the rest of the Lord Forbes his Party After the Death of the Lord of Kinalmeaky Colonel Râ—â—land Saintleger was made Governour of Bandon in whose time it happened that the Troops of Bandon and Kingsale had appointed to meet at a day prefixed and to take a Prey but the Rebels who were at Kilcrea had notice of it and believing that the Troop had marched abroad according to the Appointment they boldly came to Bandon and took away the Cattel belonging to the Town but the Troop being by some Accident delayed in Town longer than they designed were just ready mounted when this Adventure happened so that they immediately issued out and recovered the Prey at Brinny Bridge and slew Fifty of the Tories in Killmore Bog without the loss of one Man But these small Victories were balanced by some considerable Successes of the Irish for the strong Castle of Limerick which had been besieged since the Fifteenth of January was surrendred to them on the Twenty third of June and the Castle of Askeaton submitted to the same Fate on the Fourteenth of August after nine Months Siege as Castlematrix likewise did not long after Neither was it a small Misfortune to the English that about this time both Dean Gray and Archdeacon Byss who were Commissioners to enquire into the English Losses in Munster met with their Destiny the former dying at Bandon and Byss the Survivor who had all the Papers and Examinations was murdered by the Rebels on the Way to Youghall ☜ and this is the true Reason why there is no particular full Account extant of the Murders and Losses in Munster And it is very observable that the Rebels took very few places by force but either want of Necessaries or Promise of good Conditions prevail'd with the English to surrender and it is no less wonder that the English would trust to any Articles from a perfidious People that had so often violated their Faith Nevertheless every day afforded Instances of their sâ—â—essful Treachery and besides what is already mentioned Gloghleigâ— and Cool are additional Examples in the former was a considerable Garison to whom Richard Condon promised Quarter and Convoy to Castlelyons whereupon they surrendred and for their Folly were every one murdered wounded or kept Prisoners And in Cool were 36 Troopers of the Earl of Barrimores to whom the same Condon promised the like Quarter Upon the Faith of a Soldier and a Christian but nevertheless murdered them all except one who had 36 Wounds and was left for dead And in Connaught the Town of Gallway did in the later end of April submit unto the Earl of Clanrickard who was Governor of that County and was by him taken into Protection until the Pleasure of his Majesty then expected over should be known but the Lords Justices did not approve of that Protection unless the Town would admit of an English Garison However Clanrickard made use of that Opportunity to relieve the Fort of Galway wherein the Archbishop of Tuam and 36 Ministers and many more English were in very great distress And about the middle of July the Lord President drew out his small Forces into the County of Mâ—yo Battle of Ballintobber where not far from Ballintobber they met with the Irish Army which was more than double their Number Nevertheless the English obtained an easie Victory over them and killed near 2000 of the Enemy and on the First day of the same Month Sir Frederick Hamilton took the Town of Sligo and slew 300 of the Rebels and afterwards routed Owen O Rourk who in his Absence had with 1000 Men besieged his Castle of Mannor Hamilton And about August the Lord Forbes came into the Bay of Gaâ—â—ay and landed some Guns and seized on the Abby and being joyn'd by the Lord President and the Earl of Clanrickard they pretended to besiege the Town but they wanted Necessaries and therefore the Lord Forbes compounded with the Town for a Sum of Money which was never paid and drew off from
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
Great Britain France and Ireland c. for the Treating and Concluding of a Peace in the said Kingdom with His Majesties Humble and Loyal Subjects the Confederate and Roman Catholicks of the said Kingdom of Ireland of the one part and the Right Honourable Donnogh Lord Viscount Muskerry and others Commissioners Deputed and Authorized by the said Confederate Roman Catholick Subjects of the other part and thereupon many Difficulties did arise by occasion whereof sundry matters of great weight and consequence necessarily requisite to be condescended unto by His Majesties said Commissioners for the safety of the said Confederate Roman Catholicks were not hitherto agreed upon which retarded and doth as yet retard the Conclusion of a firm Peace and Settlement in the said Kingdom And whereas the Right Honourable Edward Earl of Glamorgan is intrusted and authorized by His most Excellent Majesty to grant and assure to the said Confederate Catholick Subjects further Grace and Favours which the said Lord Lieutenant did not as yet in that Latitude as they expected grant unto them and the said Earl having seriously considered of all matters and due Cirouâ—istances of the great Affairs now in agitation which is the peace and quiet of the said Kingdom and the importance thereof in order to His Majesties Service and in relation to a Peace and Settlement in His other Kingdoms and here upon the place having seen the Ardent desire of the said Catholicks to assist His Majesty against all that do or shall oppress His Royal Right or Monarchick Government and having discerned the Alacrity and Cheerfulness of the said Catholicks to embrace Honourable conditions of Peace which may preserve their Religion and other just Interests In pursuance therefore of His Majesties Authority under His Highness Signature Royal and Signes bearing Date at Oxon the Twelfth Day of March in the twentieth Year of His Reign Granted unto the said Earl of Glamorgan the Tenure whereof is as followeth Viz. Charles Rex Charles by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To our trusty and right welbeloved Cosen Edward Earl of Glamorgan greeting We reposing great and especial Trust and Confidence in your approved wisdom and fidelity Do by these as firmly as under Our Great Seal to all intents and purposes Authorise and give you Power to treat and conclude with the Confederate Roman Catholicks in Our Kingdom of Ireland if upon necessity any thing be to be condescended unto wherein our Lieutenant cannot so well be seen in as not fit for Vs at the present publickly to own Therefore We charge you to proceed according to this our Warrant with all possible secrecy and for whatsoever you shall engage your self upon such valuable considerations as you in your judgment shall deem fit We promise on the word of a King and a Christian to ratifie and perform the same that shall be granted by you and under your Hand and Seal the said Confederate Catholicks having by their Supplies testified their Zeal to Our Service and this shall be in each particular to you a sufficient Warrant Given at Our Court at Oxford under Our Signet and Royal Signature the 12 th day of March in the 20 th year of Our Reign 1644. To our right trusty and right well-beloved Cosen Edward Earl of Glamorgan It is therefore granted accorded and agreed by and between the said Earl of Glamorgan for and on the behalf of His most Excellent Majesty His Heirs and Successors on the one part and the Right Honourable Richard Lord Viscount Mountgarret Lord President of the Supream Council of the said Confederate Catholicks the said Donogh Lord Viscount Muskerry Alexander mac Donnel and Nicholas Plunket Esquires Sir Robert Talbot Baronet Dermot O Brien John Dillon Patrick Darcy and Geffery Brown Esquires Commissioners in that behalf appointed by the said Confederate Roman Catholick Subject of Ireland for and on the behalf of the said Confederate Roman Catholick Subjects of the other part in manner and form following that is to say 1. IT is granted accorded and agreed by the said Earl for and in the behalf of His most Excellent Majesty His Heirs and Successors That all and every the Professors of the Roman Catholick Religion in the Kingdom of Ireland of whatever estate degree or quality soever he or they be or shall be shall for ever more hereafter have and enjoy within the said Kingdom the free and publick use and exercise of the said Roman Catholick Religion and of their respectives function therein 2. It is granted accorded and agreed by the said Earl for and on the behalf of His Majesty His Heirs and Successors That the said Professors of the Roman Catholick Religion shall hold and enjoy all and every the Churches by them enjoyed within this Kingdom or by them possessed at any time since the Twenty Third of October 1641 and all other Churches in the said Kingdom other than such as are now actually enjoyed by His Majesties Protestant Subjects 3. It is granted accorded and agreed by the said Earl for and in the behalf of His most Excellent Majesty His Heirs and Successors That all and every the Roman Catholick Subjects of Ireland of what estate condition degree or quality soever shall be free and exempted from the Jurisdiction of the Protestant Clergy and every of them and that the Roman Catholick Clergy of this Kingdom shall not be punished troubled or molested for the exercise of their Jurisdiction over their respective Catholick Flocks in matters Spiritual and Ecclesiastical 4. It is further granted accorded and agreed by the said Earl for and on the behalf of His most Excellent Majesty His Heirs and Successors that an Act shall be passed in the next Parliament to be holden in this Kingdom the tenour and purport whereof shall be as followeth Viz. An Act for the Relief of His Majesties Catholick Subjects of His Highnesses Kingdom of Ireland Whereas by an Act made in Parliament held in Dublin the Second Year of the Reign of the late Queen Elizabeth Intituled An Act restoring to the Crown the ancient Jurisdiction over the State Ecclesiastical and Spiritual and abolishing all Foreign Power repugnant to the same And by one other Statue made in the said last mentioned Parliament Intituled An Act for the Vniformity of Common-Prayer and Service in the Church and the Administration of the Sacrament Sundry Mulcts Penalties Restraints and Incapacities are and have been laid upon the Professors of the Roman Catholick Religion in this Kingdom in for and concerning the use profession and exercise of their Religion and their Function therein to the great prejudice trouble and disquiet of the Roman Catholicks in their Liberties and Estates and a general disturbance of the whole Kingdom For remedy whereof and for the better setling increase and continuance of the Peace Unity and Tranquility of this Kingdom of Ireland His Majesty at the humble suit and request of the Lords and Commons
in this present Parliament assembled is graciously pleased that it may be Enacted And be it Enacted by the King 's most Excellent Majesty the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by Authority of the same That from and after the First day of this Session of Parliament it shall and may be lawful to and for all the Professors of the Roman Catholick Religion of what degree condition or quality to have use and enjoy the free and publick exercise and profession of the said Roman Catholick Religion and of their several and respective functions therein without incurring any Mulct or Penalty whatsoever or being subject to any restraint or incapacity concerning the same any Article or Clause Sentence or Provision in the said last mentioned Acts of Parliament or in any other Act or Acts of Parliament Ordinances Law or usage to the contrary or in any wise notwithstanding And be it also further Enacted That neither the said Statutes or any other Statute Acts or Ordinances hereafter made in Your Majesties Reign or in the Reign of any of Your Highnesses most Noble Progenitors or Ancestors and now of Force in this Kingdom nor all nor any Branch Article Clause and Sentence in them or any of them contained or specified shall be of force or validity in this Realm to extend to be construed or adjudged to extend in any wise to inquiet prejudice vex or molest the Professors of the said Roman Catholick Religion in their Persons Lands Hereditaments or Goods or any thing matter or cause whatsoever touching and concerning the free and publick use exercise and enjoyings of their said Religion function and profession And be it also further Enacted and Declared by the Authority aforesaid That Your Majesties Roman Catholick Subjects in the said Realm of Ireland from the first day of this Session of Parliament shall be and be taken deemed and adjudged capable of all Offices of Trust and Advancement Places Degrees and Dignities and perferment whatsoever within your said Realm of Ireland Any Acts Statutes Vsage or Law to the contrary notwithstanding And that other Acts shall be passed in the said Parliament according to the tenour of such Agreement or Concessions as herein are expressed and that in the mean time the said Roman Catholick Subjects and every of them shall enjoy the full benefit freedom and advantage of the said Agreement and Concessions and of every of them 5. It is Accorded Granted and Agreed by the said Earl for and in the bâ—â—â—lf of His Majesty His Heirs and Successors That his Excellency the Lord Marques of Ormond Lord Lieutenant of Ireland or any other or others Authorized or to be Authorized by His Majesty shall not disturb the professors of the Roman Catholick Religion in their present possession and continuance of the profession of their said Churches Jurisdiction or any other the matters aforesaid in these Articles agreed and condescended unto by the said Earl until His Majesties pleasure be signified for confirming and publishing the Grants and Agreements hereby Articled for and Condescended unto by the said Earl 6. And the said Earl of Glamorgan doth hereby engage His Majesty's Royal Word and Publick Faith unto all and singular the professors of the said Roman Catholick Religion within the said Kingdom of Ireland for the due observance and performance of all and every the Articles Grants and Clauses therein contained and the Concessions herein mentioned to be performed to them 7. It is Accorded and Argeed That the said publick Faith of the Kingdom shall be ingaged unto the said Earl by the said Commissioners of the said Confederate Catholicks for sending Ten thousand men to serve His Majesty by order and publick Declaration of the General Assembly now sitting And that the Supream Council of the said Confederate Catholicks shall engage themselves to bring the said number of Men Armed the one half with Musquets and the other half with Pikes unto any Port within this Realm at the Election of the said Earl and at such time as he shall appoint to be by him Shipped and Transported to serve His Majesty in England Wales or Scotland under the Command of the said Earl of Glamorgan as the Lord General of the said Army which Army is to be kept together in one intire Body and all other the Officers and Commanders of the said Army are to be named by the Supream Council of the said Confederate Catholicks or by such others as the General Assembly of the said Confederate Catholicks of this Kingdom shall intrust therewith In witness whereof the Parties to these Presents have hereunto interchangeably put their Hands and Seals the 25 th day of August 1645. Glamorgan Signed Sealed and Delivered in the Presence of John Somerset Jeffery Barron Robert Barry Articles of Agreement made and concluded upon by and between the Right Honourable Edward Earl of Glamorgan and in pursuance and by vertue of His Majesty's Authority under His Signet and Royal Signature bearing Date at Oxford the Twelfth day of March in the Twentieth Year of His Reign for and on the behalf of His Most Excellent Majesty of the one part and the Right Honourable Richard Lord Viscount Mountgarret Lord President of the Supream Council of the Confederate Catholicks of Ireland Donnogh Lord Viscount Muskerry Alex. M. Donnell and Nicholas Plunket Esquires Sir Robert Talbot Baronet Dermot O Brien John Dillon Patrick Darcy and Jeffery Browne Esquires for and on the behalf of His Majesty's Roman Catholick Subjects and the Catholick Clergy of Ireland of the other part 1. THE said Earl doth Grant Conclude and Agree on the behalf of His Majesty His Heirs and Successors to and with the said Richard Lord Viscount Mountgarret Donnogh Lord Viscount Muskerry Alex. Mac Donnell and Nicholas Plunket Esquires Sir Robert Talbot Baronet Dermot O Brien John Dillon Patrick Darcy and Jeffery Browne Esquires That the Roman Catholick Clergy of the said Kingdom shall and may from henceforth for ever hold and enjoy all such Lands Tenements Tyths and Hereâ—itaments whatsoever by them respectively enjoyed within this Kingdom or by them possessed at any time since the Three and twentieth of October 1641. And all other such Lands Tenements Tyths and Hereditaments belonging to the Clergy within this Kingdom other than such as are actually enjoyed by His Majesty's Protestant Clergy 2. It is Granted Concluded and Agreed on by the said Richard Lord Viscount Mountgarret c. on the behalf of the Confederate Roman Catholicks of Ireland that Two parts in Three parts to be divided of all the said Lands Tyths and Hereditaments whatsoever mentioned in the precedent Articles shall for Three Years next ensuing the Feast of Easter which shall be in the Year of our Lord God 1646. be disposed of and converted for and to the Use of His Majesty's Forces employed or to be employed in His Service and the other Third part to the Use of the said Clergy resepectively and so the like
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 〈…〉 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 Iâ—ler 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
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
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 wâ—nt 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 â—old 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 Septemâ—er 6th 1617. Touchet Earl of Castlehaven and Baron Orior February 17th 1617. Lambert Baron of Cavan since Earl of Cavan Ibid. Bourk Baron of Brittas May 8th 1618. Hamilton Baron of Strabane January 31st 1618. Blunt Baron Mountjoy Ex. June 29th 1619. Mac Donald Viscount Dunlucâ— since Earl and Marquess of Antrim February 19th 1619. Sir Richard Wingfeild Viscount Powerscourt July 1620. Preston Earl of Desmond Viscount Dunmore Ex. May 1621. Dockwray Baron of Culmore Ex. Ibid. Blany Baron of Monaghan March 1st 1621. Henry Power Viscount Valentia Ex. Theo. Butler Viscount Tullagh THE REIGN OF CHARLES I. KING OF England Scotland France AND IRELAND CHARLES the only surviving Son of the Deceased King James 1625. by undoubted Right succeeded his Father in all his Dominions on the 27th day of March 1625 and was accordingly Proclaimed the same day and on the 23d day of June following he was Crowned at the Abby of Westminster with great Solemnity and as to Ireland HENRY Viscount FALKLAND was continued Lord Deputy and other inferior Officers likewise were confirmed in their respective Places but the Affairs of England being not a little out of Order the Irish took advantage thereof to be very high and insolent at home to which they were much encouraged by the Bull of Urban the 8th of the 30th of May 1626. to the English Catholicks exhorting them rather to loose their Lives then to take Noxium illud illicitum Anglicanae fidelitatis Juramentum 1626. quo non Solum id agitur ut fides Regi servetur P. W. Remonstrance 11. sed ut sacrum Universae Ecclesiae sceptrum eripatur Vicariis Dei Omnipotentis that pernicious and uâ—lawful Oath of Allegiance of England which his Predecessor of happy Memory Paul 5th had condemned as such Hereupon it was found necessary to increase the Army to the number of Five thousand Foot and Five hundred Horse the Charge whereof amounted unto 64240 l. 1 s. 2 d. which was more then the Kings Revenue out of which the Civil List was nevertheless to be paid so that it was necessary to find out some other Bund for the support of the Army and until that could be done the Lord Deputy and Council on the 14th of September by their Letters did recommend several Troops and Companies of the Army to the Counties and Towns of the Kingdom to be maintained for three Months and so from three Months to three Months until the last day of March 1628 and this whole Charge or Incumbrance on the Countrey was estimated at 36951 l. 6 s. 7 d. ½ and in the King's Letter of the 22d of September 1626. to raise this Army and that the Countrey should maintain it with Money Cloaths and Victuals his Majesty promises in lieu thereof to Grant certain Graces to the Countrey and particularly to suspend the Composition But the Gentlemen that were Agents from Ireland did to ease the Kingdom from that oppression offer to pay 40000 l. a Year for three Years in the nature of three Subsidies and to pay it quarterly from the first of April 1628. which was accepted of and the same was Paid accordingly until the first day of October 1629. On the 16th of May 1626. 1626. The King reciting a Complaint of Sir Samuel Smith's against the Lord Chancellor and that there was difference between the Lord Deputy and Chancellor 1. Because the Chancellor refused to Seal some Patents offered to him 2. Because he denied to appoint Judges for Circuits when thereunto required by the Deputy 3. Because he refused to appoint Justices of Peace at the Lord Deputies Nomination and made one Justice of the Peace against his Express prohibition to which the Lord Chancellor made Answer That in the first Case there was matter of Equity Convenience of State and Question in Law unresolved and that in the sesond Case he had directions in the time of King James and that in the third Case it was the Priviledge and Jurisdiction of his place Therefore the King orders That the Chancellor bear fitting respect to the Lord Deputy who is his Majesties Representative and as to the Matters in Debate if the Chancellor refuse to Seal any Patent in question for Reasons of State that the Cause be debated in Council and if then they think it fit and the Chancellor still refuses till he has appeal'd to his Majesty as he may it shall be at his Peril if the State suffer by his delay if the Question be in Law that the Judges decide it and if the Chancellor be not satisfied therewith he ought to appeal to the King for farther Directions and particularly about the Patent for Tanning Leather As to the Second if the Chancellor will not appoint Judges as the Lord Deputy desires that then it be refer'd to the Council-board and their Sentence be definitive as to that And as to the Third the Chancellor will not refuse to make any Man a Justice of the Peace recommended by the Lord Deputy if he does that then the Order of the Council-Table shall govern that Matter and in all these Cases it becomes the Chancellor to repair to the Deputy and acquaint him with his Reasons whenever he refuses And as for Sir Samuel Smith's Complaint his Case was that he had the sole Nomination of those that should be Licensed to Sell Aquavitae and did set that Priviledge to one Miagh for the County of Cork the King appoints the Chief Justice Chief Baron and Sir John King to Arbitrate that Matter and to make Reparation to Miagh whose Patent must be called in because he is an infamous Person and unfit for that Trust and a new Patent for that County must be Granted to whom Sir Samuel Smith shall name In the same Month of May the King sent an Order to the Lord Deputy to make a Lord High Steward c. for the Tryal of the Lord of Dunboyn by his Peers upon an Indictment found against him in the County of Typerary for killing a Man and in January after the Earl of Marleburgh Duke of Buckingham and the Lords of Pembrook Dorset Grandison Conway and Carlton and Sir Richard Weston were made Commissioners or rather a Committee for Irish Affairs And on the Eighth of February Edward Brabazon Baron of Ardee was ordered to be Earl of Catherlogh but for what Reasons I know not he had not that Title but was afterwards made Earl of Meath And on the Second of March his Majesty sent an Order
and Oliver Castells 1. That the Nobility wer over-taxed in the Subsidies 2. And were kept Close Prisoners tho' not Impeach'd of any Capital Crime 3. And could not get Licence to absent unless they leave their Proxy with one of the Chief Governors naming 4. That some have Titles of Honour that have no Lands in the Kingdom 5. That the Nobility were stop from going to Petition the King 6. That Trade is decayed by Illegal Taxes as Twelve pence apiece on Hides 7. That Causes are arbitrarily decided at Council-board and in other improper Judicatories 8. That Paâ—ents are made void extrajudicially on private Opinions 9. The Monopolies of Tobacco Starch Sope Glass Tobacco-pipes c. 10. The Procedings of the High-Commission 11. The exorbitant Fees and pretended Customs exacted by the Clergy 12. The Proclamation against buying Gunpowder but out of the Store and restraining Hunting within Seven Miles of Dublin 13. That the Parliament in its Members and Actions hath not had its natural Freedom 14. That the Subject is denied the Benefit of the Act of Limitation 15. The taking excessive Fees 16. The Seizing of Linen Yarn and Cloth for not being exact according to Rule 17. The Oppressions of Officers And in this Parliament on the Fourth of March Captain Audley Mervin brought up an Impeachment of High-Treason from the Commons to the Lords against Sir Richard Bolton Lord Chancellor John Lord Bishop of Derry Sir Gerrard Lowther Lord Chief Justice of the Common-Pleas and Sir George Ratcliff and made an eloquent Speech on that Occasion The Charge consisting of Three Articles was General for subverting the Laws and introducing Arbittary Government by extrajudicial and unjust Decrees for inflicting infamous Punishments by Pillory c. on Persons of Reputation and subverting the Rights of Parliament But it seems there was a Dispute raised Whether the House of Lords in Ireland had Power of Judicature in Capital Cases Whereupon Captain Audley Mervin made a most excellent Speech in the Lords House in Parliament 24 May 1641. And afterwards he Impeached Sir George Ratcliff then in the Gate-house Westminster in the Parliament of England of the aforesaid Articles and adds That he joyned with the Earl of Strafford in taking out Eighty thousand Pounds out of the Exchequer to buy Tobacco and that he countenanced Papists to build Monasteries c. On the Sixteenth of March 1640. Secretary Vane sent the Lords Justices the following Letter by His Majesty's Command Right Honorable HIS Majesty hath commanded me to acquaint your Lordships with an Advice given him from abroad and confirm'd by His Ministers in Spain and elsewhere which in this distemper'd Time and Conjuncture of Affairs deserves to be seriously considered and an especial Care and Watchfulness to be had therein Which is That of late there have passed from Spain and the like may well have been from other Parts an unspeakable number of Irish Churchmen for England and Ireland and some good old Soldiers under pretext of asking leave to raise Men for the King of Spain whereas it is observed among the Irish Fryars * * In Spain there a Whisper runs as if they expected a Rebellion in Ireland and particularly in Connaught Wherefore His Majesty thought fit to give your Lordships this notice that in your Wisdoms you might manage the same with that dexterity and secrefie as to discover and prevent so pernicious a Design if any such there should be and to have a watchful Eye on the Proceedings and Actions of those who come thither from abroad on what pretext soever And so herewith I rest Your Lordships most humble Servant HENRY VANE In the mean time the Earl of Strafford came to his Tryal in England and it was the most Solemn that ever was in that Kingdom and at length he was Attainted by Act of Parliament and accordingly beheaded on the 12th day of May 1641. and the Earl of Leicester was the same day appointed Lord Lieutenant of Ireland in his stead His Tryal is excellently wrote at large by Mr. Rushworth to which I must refer the curious Reader but because every Man has not that Book by him I have Cursorily extracted so much of it only as I thought pertinent to his History wherein if I have not been very exact it was because the Inquisitive may easily inform themselves as well as I by having recourse to the Original which I had not leisure to examine more carefully than I have done The Third Article which is the First relating to Ireland is that he should say That Ireland was a conquer'd Nation and that the King might do with them what he pleased and that the Charters of the Corporations were worth nothing and did bind the King no farther than he pleased To which the Earl Answers That he never spoke those words and that the Scope and Intent of what he did say was to ingratiate his Majesties Government to the People and that his words were well accepted at that time however they come to be resented now That the Charters of Dublin were Anno 1634. brought before the Council and still are in the hands of the Clerk of the Council because besides other Abuses the Papists of that City engrossed all the Trade and denied Liberty to such as came out of England to set up there which he hath so far remedied as that there are Three Englishmen now in Dublin for One that was there when he came to the Government and the Charters are not Condemned but enjoyed to this day so that he aim'd at a Reformation in favour of the English but did not design the Destruction of the Charters The Fourth Article was That the Earl of Cork having begun a Suit at Law to recover a Possession he had lost by Colour of an Order from the Lord Deputy and Council the Lord Deputy threatned to imprison him unless he would surcease his Suit saying That he would have neither Law nor Lawyers dispute or question his Orders and that he said upon another the like Occasion That he would make the Earl of Cork and all Ireland know that so long as he had the Government there any Act of State there made or to be made should be as binding to the Subjects of that Kingdom as an Act of Parliament and that he question'd that Earl in the Castle-Chamber upon Pretence of a Breach of an Order of Council-Table To this the Earl of Strafford answered That the Council-Table was a Court of Record in Ireland wherein they proceeded formally by Bill Answer Examination of Witnesses c. and therefore the Orders of it are binding and ought to be obey'd he denies he compar'd it to a Parliament and denies that the Earl of Cork was prosecuted for disobedience of an Order of Council only The Fifth Article was That in time of Peace 12th of December 1635. he did give and procure to be given Sentence of Death against the Lord Mountnorris at a Council of War for saying of an Accidental
they explain this not to Import any thing inconsistent with the Peace nor to breed an Interruption or Impediment of it but to farther its Performance And tho' this Declaration notwithstanding any Explanation they could make of it was diametrically opposite to the Nature and Design of a Peace because this would reduce them to the Obedience and Condition of Subjects and that would still keep them up in the Condition of a Separate State yet there was a deeper Intrigue in this Matter viz. That if they would not part with their Association it necessarily followed that they could not part with their Army which was the Ligament and Support of it And therefore notwithstanding Glamorgan's Concessions yet that Earl must have Patience and wait for the expected Succors until the King should publickly ratifie what his Lordship had privately done and they did not doubt but the same Necessities continuing or rather encreasing would compel His Majesty to comply with their Expectations And in order to bring about their Designs they continued the Treaty with Ormond until the 21th of November and to cloak their Intrigues the whole Assembly on the Ninth of September did Vote That they would send Ten thousand Men to aid the King and would refer to His Majesty's Pleasure such things about Religion as Ormond either had not Power or not Inclination to grant But on the Fifteenth of November following they did in effect invalidate that Vote by alledging That they never undertook the Transportation of the Ten thousand Men to help the King but intended only their Assistance therein Nevertheless I must not conceal that the Anti-Nunciotists do aver That they design'd sincerely to send Succours to the King and to conclude a Peace with the Marquis of Ormond on the Terms afterwards agreed on and to refer the Secret Articles about Religion to His Majesty's Pleasure wherein they doubted not of as much Condescension as His Majesty could safely give because it had been so promis'd to them by the Earl of Glamorgan But the Nuncio arriving in Ireland in the nick of this Business quite altered their Measures and confounded their Affairs And whether it be so or not is scarce worth our Inquiry since we are sure of these few Truths That the Confederates sent no Succors at all to the King nor made the Peace till it was too late and did most perfidiously break it almost as soon as it was made But we must make room for a very extraordinary Man John Baptista Rinuccini Archbishop and Prince of Firmo the Pope's Nuncio who arrived in the River of Kilmair on the 22th day of October He sent before and brought with him 2000 Swords 500 Petronels 20000 Pound of Powder and Five or Six small Trunks of Spanish Gold and had in his Train 22 Italians besides several Clergy-men His Frigat which carried but 21 Guns was closely pursued by Captain Plunket in a Parliament Ship and had certainly been taken or sunk if the Cook-room of the English Ship had not accidentally taken Fire Never were People more troubled at a Disappointment than were the Seamen at this and yet scarce any Disappointment was ever more lucky For this Nuncio afterwards renew'd the fatal Distinction between Old Irish and Old English and split the Irish into * * Clerum ac populum primum diviserit mox inter se comiserit ac siâ— utriusque ruinae viam patefecerit Beling in Preface Factions which very much contributed as well to their Infamy as their Ruin He was receiv'd at Killkenny by the Supreme Council with extraordinary Joy and Respect and in a solemn manner was conducted to the Castle and in the great Hall he made an Oration in Latin to the Lord Viscount Mountgarret President of the Council Sancte jurat nâ—hil se contra 〈◊〉 regis commoda moliturum Beling 15. and amongst other things he did religiously swear to attempt nothing prejudicial to the King Nevertheless he was so little mindful of that Oath and had so small regard to the Peace and true Interest even of the Papists of Ireland that tho' he knew that the King in hopes of Succors from that Kingdom did so earnestly desire a Peace that the Fanaticks revil'd him with being an Humble Suitor to the Rebels for good Terms yet he made advantage of the King's Necessities and refus'd any Agreement that should not restore the Ecclesiastical Revenues and the Splendor of Popery and accordingly he positively wrote to his intimate Friend the Bishop of Killalla That if the Supreme Council should agree with Ormond he would take all the Bishops with him and leave the Kingdom But the Reader must take notice that all this while Ormond and the English were totally ignorant of the secret Negotiations of the Earl of Glamorgan until after the Defeat at Sligo which hapned on the 17th of October at which time the Titular Archbishop of Tuam was slain and in his Trunks was sound amongst other Papers a Copy of the Articles made with the Earl of Glamorgan which discovered such an Ocean of Contrivance and Intrigue as amazed the whole Protestant Party The Articles of this Peace and the Commission it was sounded upon and the Oath taken subsequent to it are all mentioned Appendix 27. which were so destructive to the Protestant Religion that Ormond and the Cavaliers could not believe that the King ever intended them in which Opinion they were confirm'd by the Asseverations of the Lord Digby That the Earl of Glamorgan had no such Commission or if he had it was surreptitiously obtain'd But however that were it was necessary to vindicate His Majesty's Reputation in an Affair so disobliging and scandalous and therefore the Lord Digby did on the 26th of December Impeach that Earl of Suspicion of Treason at the Council-board whereupon he was committed to Pâ—ison and a * * Earl of Roscomâ—n Lord Lambart Sir Jam. Ware Committee was appointed to take his Examination and an Account of this whole Proceeding was on the Fifth of January sent to the King whose excellent Answer thereunto is here recited verbaâ—im Appendix 28. But the Earl of Glamorgan upon his Examination confessed That he made those Concessions but that it was done under mutual Oaths of Secresie and That he conceived he had Warrant for what he did and That he did it with design to serve His Majesty and not to hurt the Protestant Religion Circumstances considered and That he conceives those Articles are not Obligatory to His Majesty and That he did not engage His Majesty's Faith or Honor further than by shewing his Authority and leaving it with them And then he gave the Committee Counterparts of all the Writings between him and the Irish And tho' the King was exceeding angry at the first News of this Affair as what he foresaw would be made use of by the Parliament to justifie all the Aspersions they had laid upon him in point of Popery yet when he had calmly considered that the Earl's
Prisoners but he had not so good luck in his next attempt for a Party of his going to plunder the great Island were by Major Power who had not at first above 30 Horse but afterwards was reinforced by two Companies of Foot so handled that they left five hundred of their Companions dead upon the place however he afterwards took Castle-Lions Cony-Castle and Lismore which last place was bravely defended by the same Major Power and 100 of the Earl of Cork's Tenants to the Slaughter of 500 of the Besiegers until their Powder being spent they surrendred upon honourable Conditions After this Castleâ—aven went to besiege Youghall a weak and untenable place and lay before it many weeks and having received several considerable Baffles by the handful of Men that were within the Town he was at last forced to raise the Siege and close the Campagne with that misfortune And thus Matters stood in Munster till the latter end of the year at which time Inâ—iquin sent 500 Foot and 100 Troopers to seize upon the Castle of Bunratty which they performed and there found Horses enough to mount their Cavalry And as for Conaught it was under a Triumvirate of Presidents the Lord Dillon of Câ—stilo was the King's President and Sir Charles Coot was the Parliaments and the Titular Archbishop of Tuam was commissioned by the Confederates But Coot was too hard for both his Rivals and being united with the Lagan Forces under Sir Robert 〈◊〉 Colonel Awdly Mervin c. they made up in all 〈◊〉 Regiments with which they marched through Conaught and burnt the Country to within 6 miles of Galloway without meeting an Enemy in the Field they also took Sligo with the loss of Twenty of their own Men and the Slaughter of One hundred and twenty of the Rebels and Colonel Mervin being chosen by a Council of War to be Governour of Sligo as he well deserved was nevertheless by means of the Scots put by that Command which was given to Sir Robert Stewart whereupon Colonel Mervin came away discontented and notified to the Lord Lieutenant his Design of adhering to the King Hereupon the Confederates gave the Lord Taaf the Command of an Army to relieve Conaught and he issued forth a terrible Declaration That whoever did not submit to his Majesties Commission conferred on him within two days after Notice should be treated as an Enemy and on the 4th of August he summoned Castlecoot which returned this Answer That they neither broke the Cessation noâ— used Hostility at any time but when the Irish began That their misbehaviour forced them to correspond with the Scots whom they did not know or believe to be declared Enemies of the King That they would always submit to the Kings Pleasure but may not in any sort confide in such breach of Faith at they always find from the Irish Nation to their Party and instanced the burning of their Hay even then in the time of the Treaty and they desire a Copy of his Commission which his Lordship pretended was from the Lord Lieutenant And so his Lordship finding no good to be done upon Castlecoot at that time marched to Tulak which he took by Assault the 17th of August and having besieged Abby Boyle in vain after the Garison for their better defence were forced to burn the Town he agreed that upon an Oath of Fidelity and to observe the Cessation they should be no farther molested and the like Agreements were made with the Castles of Cambo and Lissidarne and it seems that afterwards the Irish Army returned to the Siege of Castlecoot and forced it to surrender about the 10th day of September In the mean time 1645. on the 16th of August the Bishop of Elphin and his Son Captain Tilson by Letter submitted to the Lord Dillon President of Conaught and on the 19th the Lord President at the Head of the Army came thither accompanied with the Lord Taaf and told the Bishop that Captain Tilson and his Foot Company must quit the Castle of Elphin within two hours and tho' they offered to take any Oath of Fidelity to His Majesties Service and the Bishop offered to stand obliged for the performance of what they should Promise or Swear yet all would not do but the Lord President and Lord Taaf having at length condescended to Sign some Articles for their Security they marcht out of the Castle into the Village and the Lord President and his Guard lodged in the Castle that Night and afterwards left it under the Command of Captain John Brown who admitted Boetius Egan the Titular Bishop of Elphin into the Castle on the 7th of September being accompanied with Sir Lucas Dillon and they made a Guard for the Bishop on the Knee from the Gate to the Church where the Bishop Rung one Bell and one of the Six Fryars accompanying him Rung another I suppose by way of Livery and Seizin they also burnt Incense and sprinkled Holy water and the next day being the Nativity of the Blessed Virgin they said several Masses in the Cathedral Church and the Bishop preached there and he was so vain and confident in his present Possession that he sent word to the Protestant Inhabitants That if they would continue his Tenants he would use them no worse than the former Bishop had done But that which the poor Bishop Tilson complained of in his Letter the 29th of December to the Lord Taaf is That none of the Conditions made with him and his Son were observed but that the Titular Bishop kept his Books and some of his Goods and turned out his Servant so that he was damnified to the value of Four hundred Pounds and it appears by another Letter of the Bishops that when the Titular Bishop was urged with the aforesaid Agreements and Articles He reply'd That that was past and out of date Upon complaint of these Matters to the Lord Lieutenant and that the Irish refused to permit the Clergy of the Diocess of Elphin to Levy any of their Dues alledging that the Bishop was outed by His Majesties Commission his Excellency did send positive Orders to restore the Bishop to the Castle of Elphin but in vain for the Lord President writes back That he had used his utmost indeavours with the Lord Taaf but could not prevail because of some Dangers he pretended from Sir Charles Coot and the Scots In the mean time the Titular Archbishop of Tuam was not idle but with Two thousand Foot and Three hundred Horse he surrounded and endeavoured to retake the Town of Sligo but there being about Two hundred Horse got into the Town under Captain Richard Coot and Captain Cole they Sallied out on the 17th of October and being well Seconded by Colonel Sanderson and a good Party of Foot they got a considerable Victory and by the help of Sir Francis Hamiltons Troop which came in the nick of time they did great Execution the Archbishop himself was slain and all the Baggage was taken
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 exerâ—â—ed their Jurisdictions to the great grief of the Remonstrants If so execute the Laws against the Titular Archbishops Bishops and Vicar-Generals that have threatned or excommunicated the Remonstrants and that you protect such Remonstrants as have not withdrawn their Subscriptions These were the publick Instructions but the Administration of the Government seem'd to have another Foundation for now the Mystery of Iniquity began to appear and the Papists were publickly countenanc'd and indulg'd in Ireland many of them got into the Commission of the Peace and it was attempted also to bring them into the Army but Matters not running so smoothly as the Lord Lieutenant expected he returned to England for new Instructions and left the Government in the Hands of the Lord Chancellor and Sir Arthur Forbus Lords Justices who were Sworn on the 12 th of June and continued in that Office until his Excellency's return which was on the 23 d day of September 1671. In the mean time on the 21 st of February 1670. Collonel Richard Talbot Petitioned His Majesty in the behalf of His most distressed Subjects of Ireland who were outed of their Estates by the late Vsurped Powers which Petition was referr'd to a Committe of the Council to Examine and Report and a State of their Case was given to the Committee in Writing Whereupon on the 28 th of January the Kings Solicitor attended the Committe at the Council-Chamber His Majesty being present and there the Petition and Talbot's Commission from the Irish the State of their Case and the Paper of Instances were read On the 1 st of February the King being present Sir George Lane was call'd in and the first Instance being the Case of Mr. Hore was objected against him but Sir George baffled the Petitioners in that Matter and having prov'd an Agreement with Mr. Hore which His Majesty was pleased to say He remembred That Affair was clear'd to the satisfaction of the King and the Committee much contrary to the Expectation of the Petitioners who perhaps had prevail'd with the King to be there that he might be an Ear-witness of the Wrong that was done them But the King being weary of such Debates did on the 4 th of February in Council appoint the Lords Buckingham Anglesy Hollis and Ashley and Secretary Trevor or any three of them to be a Committee to Peruse and Revise all the Papers and Writings concerning the Settlement of Ireland from the first to the last and to take an Abstract of the State thereof in Writing And accordingly on the 12 th of June 1671. they made their Report at large which was the Foundation of a Commission dated the 1 st of August 1671. under the great Seal to Prince Rupert the Dukes of Buckingham and Lauderdale Earl of Anglesy Lords Ashley and Hollis Sir John Trevor and Sir Thomas Chichly to Inspect the Settlement of Ireland and all Proceedings from first to last in Order thereunto And this was followed by another Commission of the 17 th of January 1672. to Prince Rupert Earl of Shaftsbury the Lord Treasurer Clifford and others amongst whom the Dukes of Ormond was one to inspect the Affairs of Ireland viz. the Acts of Settlement and Explanation and the Execution of them and the disposing of Forfeited Lands and the State of His Majesties Revenue c. But how specious soever the Pretences were for these Commissions the secret Design was to unravel the Settlement and to humble the Duke of Ormond upon whom they always fell when the Popish Interest prevailed for otherwise the pretended Grievances if they had been really true were few and small and it were much better for the publick That even greater Irregularities than were complain'd of should remain unremedied than that the great and common Security of the Nation should be shaken And of this Opinion was the Parliament of England who always concern'd themselves effectually for the English Interest and the Protestant Religion in Ireland and accordingly on the 9th day of March 1673 they Address'd to His Majesty as followeth And this Address occasion'd that the aforesaid Commission of Inspection was Superseded on the 2d of July 1673. WE Your Majesties most Loyal Subjects the Commons in this Present Parliament Assembled taking into Consideration the great Calamities which have formerly befallen Your Majesties Subjects of the Kingdom of Ireland from the Popish Recausants there who for the most part are profest Enemies to the Protestant Religion and the English Interest and how they make use of Your Majesties Gracious Disposition and Clemency are at this time grown more Insolent and Presumptuous than formerly to the apparent Danger of that Kingdom and Your Majesties Protestant Subjects there the consequence whereof may likewise prove very fatal to this Your Majesties Kingdom of England if not timely prevented And having seriously weighed what Remedies may be most properly applied to those growing Distempers do in all Humility present Your Majesty with these our Petitions 1. That for the Establishment and Quieting the possessions of Your Majesties Subjects in that Kingdom Your Majesty would be pleased to maintain the Act of Settlement and Explanatory Act thereupon and to recall the Commission of Enquiry into Irish Affairs bearing date the 17 th of January last as containing many new and extraordinary Powers not only to the Prejudice of particular Persons whose Estates and Titles are thereby made liable to be questioned but in a manner to the overthrow of the Acts of Settlement and if pursued may be the occasion of great Charge and Attendance to many of Your Subjects in Ireland and shake the Peace and Security of the whole 2. That Your Majesty would give order that no Papist be either continued or hereafter admitted to be Judges Justices of the Peace Sheriffs Coroners or Mayors Sovereigns or Portreeves in that Kingdom 3. That the Titular Popish Archbishops
even this was sent to the Lord Lieutenant and His Majesties Directions were prayed therein and the like was done by a Paper of Grievances sent by the Lord Mountgarret to the Earl of Ormand at the same time and in August 1642. the Remonstrants sent to the Earl of Ormond a Petition directed to His Majesty which accordingly the Lords Justices transmitted to him That the Lords Justices did endeavour to stop the spreading of the Rebellion and to reduce the Rebels to Obedience by fair means Viz. by their Proclamations of 23 d. of October and 1 st of November promising Mercy to all that should desist from force by imploying a Committee of Parliament to treat with them but they scornfully rejected the Message and contemptuously tore the Committees Letter and the Order of Parliament and by imploying Doctor Cale and some of their own Clergy to treat with them whom they likewise abused and by authorizing the Lord Moor and afterwards Sir Richard Barnwall and Patrick Barnwall to perswade them to Submission and by giving Commissions to the Lord Gormanstown and other of the Remonstrants but whilst they found Success they were deaf to all Perswasions and now that they are baffled they forge Causes of Complaint so that His Majesty is not misinformed nor the Remonstrants unjustly traduced nor misrepresented to the King To the first Article they say that it is too general and generally untrue that Popery is a New Religion midwived into the World by the Council of Trent which ended 1563 and therefore could not be professed by the Remonstrants nor their Ancestors for 1300 Years that the Irish were at first Protestants as Bishop Vsher hath proved at large and in Henry the Eight's Reign were averse to the Papal Usurpations and consented to Laws to suppress them and generally came to Church until 13 Eliz. some of them flew off upon the Bull of Piut V. and 30 Eliz. upon the Arrival of some Spaniards shipwrackt on the Coast of Ireland the Apostasie became more common however the Recâ—sancy of coming to Church was not general until about the middle of King James his Reign But however that be this is certain that the Papists were so far from being persecuted that all Laws against them were suspended and they enjoyed a Connivance little differing from a Toleration so that even their Ecclesiastical Heirarchy publickly executed their Functions and the Clergy swarmed to that Degree that Paul Harris wrote to Pope Vrban 8ht That it was as difficult to number the Friers in Dublin as to reckon the Frogs in the second Plague of Egypt That notwithstanding the Statute of 2 Eliz. there have been ten chief Judges successively and all the inferior Judges of Irish Birth and Education that the first English Judge that came over after that Statute was Sir Robert Gardiner 29 Eliz. That several Irish Papists had commands in the Queen's Army and were Governors of Counties as the Earl of Thomond Clanrickard c. And even now at the Time of the Insurrection Papists were admitted to be High Sheriffs of Counties Justices of Peace Magistrates of Corporations Marshals upon Occasion Councellors at Law Doctors of Physick Clerks Attornies and Sollicitors c. so that none go abroad but for their Improvement as the Gentry of all Countries do or to Seminaries to become Clergymen And these Popish Natives have had their share of His Majesties Favour in dispensing of Honour several of them having been made Lords Baronets and Knights and such as were capable of it by Conformity and Education were preferred in the Church and even those that were unfit for it and were Papists were nevertheless upon an external and partial Conformity only continued in their Spiritual Dignities by Queen Elizabeth notwithstanding the Statute of 2 Eliz. Their Nobility had all the respect and priviledge which good manners and the Law gives to their Quality and by the industry and improvements of their English Tenants lived more Regularly Plentifully and Gentilely than any of their Ancestors ever did or could and that the Popish Youth were never denied admittance into any Free-School nor into the University nor any Question made about their Religion only when they come to be Graduates they must then conform to the Laws of the Land and the Statutes of the Colledge and the Answerers think that the Remonstrants have small reason to complain whilst they enjoy those Liberties and Favours which are denied to the Popish Natives of England who though less in number are much superior to the Remonstrants in Quality Loyalty and Riches But if the Laws of the Land do exclude Recusants from Offices of Trust and Honour they ought to have patience till his Majesty shall think fit to consent to a Repeal of them nay if their Oppressions were without Law their proper Remedy were by Supplication and Petition to the King and not by Murther Rebellion and Depredation To the Second they say it is an aspersion on the King for the ill choice of his Officers and is so undutiful that no Person of Honour will appear in it it was devised by the Popish Clergy and the Jesuited Lawyers who are the Firebrands of these horrible Flames which have almost consumed the Kingdom and it is notoriously false for the chief Government hath been placed either in Men of Nobility or great Estate or in Men of great Merit and in a high Station none of which ever built their Fortune on the Ruine of the Kings Subjects but some of them have been undone by the unjust clamour of the Irish who never endure long any English Governor that endeavours their legal obedience to the Crown So that of One and Twenty chief Governours successively Thirty Privy Councellors Twelve chief Judges and several inferior Judges sent out of England since the Statute of 2 Eliz. not one of them left any Estate there nor were enriched by that Service and even the Earl of Strafford paid great Sums of Mony for what he bought there whereas such of the Natives of that Kingdom as were Judges have left great and visible estates whereby it will appear who built most upon the Ruines of the Natives That the Natives became suspected and odious in England not by any scandals cast upon them but by their degeneracy and frequent Rebellions whereby Ireland whilst managed by them was always in disorder and so poor that it was a continual charge to England whereas since the management of it by English the dependancy of the People is placed in the Crown Legal Properties are secured the Irish pernicious Customs abolished Civility introduced the Kingdom improved so that it was better able to give Ten Subsidies now than one in former times Trade and Commerce increased the Revenue advanced from 8000 to 85000 l. per Annum the Laws duly administred Religion propagated the Army maintained without oppressing the Subject and a Navy kept to guard the Coasts the People are grown Rich and Numerous the breed of Cattle bettered and
contribution was worth And the Subsidies were not only First proposed by the Protestants but would never have been consented to by the Papists if they had not found the number of the Protestant Members sufficient to out-vote them and therefore when several of the Protestants were absent with the new Army near Carrigfergus and upon several pretences excluded and Popish Members chosen in their Room so that the Popish Party was most numerous Then the Subsidies which before were One and Forty Thousand Pound apiece were by them reduced to Twelve Thousand Two Hundred Pound apiece whereby the forwardness they boast of sufficiently appears to be untrue And as to Proportion the Protestants besides what the Clergy contributed paid above a Third part of the whole and how it was disposed of appears by the Accounts of the Officers and very much contrary to what the Remonstrants have scandalously suggested And if they were as well devoted to the Crown as the Protestants are his Majesty would soon reap considerable profit out of so fruitful and Flourishing a Kingdom to be disposed of as he should think fit To the 6 th that there was an absolute necessity of Disbanding the new Army there being neither Victuals nor Mony left for them and the charge being too great upon the Kingdom as the Remonstrants declared in Parliament when they were moved to contribute towards it however the Lords Justices did not Disband them without his Majesties Warrant for it and they had also the Kings approbation when it was done And now the Reason is manifest why some of the Remonstrants who were engaged in the Conspiracy were so loath to have that Army disbanded viz. because they saw themselves disappointed of such a help and those Arms with a more full hand to execute their Bloody Design upon the Protestants wherein many of that Army concurred and for the same reason they opposed the Transportation of any of those Forces to Spain and the Priests disswaded the Soldiers from going else certainly they would not be backward to rid the Country of those loose Idle Men nor to assist a Catholick Prince of whom soon after they implored Aid against his Majesty But they had another use of those Soldiers in prospect and which is since executed on the Protestants to the full and their fiction that one of the Earl of Strafford's Servants had threatned to blow them up whereupon a Committee was appointed to search under the Parliament House for Powder was only a Trick to discover the Stores for when they found none there they continued their importunity to see where the Magazine was and were discontented at the denial As for the Chimera of bringing Ten Thousand Scots to force the Papists to change Religion and the Speech that Ireland would never be well without a Rebellion to the end the Natives might be Extirpated it is no wonder the Remonstrants whose thoughts were full of Extirpations which they have too fully effected should think the like designed by others but that it is incredible that the Persons named whose Estates are in Ireland and Families are setled there should disturb that Peace they have so long endeavoured to Establish or should desire a Rebellion which would be doubtfull in Success but certain in Desolation And in like manner ridiculous is the Story of Wagers the truth of which is that at the Sheriffs Table at Wexford Assizes a Protestant proposed to a Papist that he would give him Five Pounds and the other should give him Fifty Pounds for it if he did not come to Church within a Twelve Month whereat the Papist not understanding the Joke seemed surprized and protested he would not come to Church within that time why then says a Third Person you will lose the Fifty Pound for it is to be paid if you dont whereat the Jest was understood and it became matter of laughter there though it be one of the Grievances here pickt up to stuff this Remonstrance and one of the Grounds to justifie their bloody Rebellion The Position that Ireland if named is obliged by an English Parliament affects the Protestants as much as the Papists of that Kingdom however it ought to be decided by Arguments and not by Arms Nor should the Resolution of that Point be written in the Blood of so many murthered Innocents but how the Remonstrants should before their Rebellion have notice of any Intention or Protestation of the Parliament of England to introduce a Law for extirpation of Popery is very unaccountable because the Vote that did pass was subsequent to the Insurrections of the Irish and in Detestation of their inhuman Cruelties Nor in truth were the Irish afraid of any Hardships from the English who lived amongst them even with such kindness and confidence as hath proved fatal to the whole party And though now they pretend that the Priviledges of Parliament are violated by sending for a Sitting Member to answer an Impeachment in England yet when that Point was debated in the Case of Sir George Ratcliff who craved the Aid and Protection of the House then one of these Remonstrants could advise the House to take no notice of it lest any variance should arise between the two Parliaments but when the Protestant was sent over then indeed they instructed their Committee to sollice and settle that Point for the future To the seventh the readiness in His Majesty to hear their Grievances which they confess should have obliged them to Loyalty and Obedience to him and at least Neighbourlike Demeanour to his Subjects and not to scandalize His Majesty through his Ministers by false Accusations against them for the Lords Justices did neither hinder the going of the Irish Committee to England nor send any after them to cross or impede their Design nor in any Case misinform His Majesty But on the contrary when they received a Commission dated the 4 th of January 1640 to continue ptorogue or determine the Parliament as they thought fit they believing that the Parliament designed the general good of the Kingdom not only continued it but also gave it all the Countenance they could So that a Noble Peer moved in the Lord's House That it might be recorded to remain to Posterity That the Lords Justices had always ohearfully received their Requests and Messages and wers ready to comply with them and since the Remonstrants by His Majesties Order had view of all the Private Letters if they could have found any such misinformation as they complained of they would have instanced it to His Majesty and not give him Suppositions for Gertainties And as to the Power of Judicature of the House of Lords in Cases Capital His Majesty wrote to know whether there were any Presidents of it and the Lords Justices having consulted the Upper House returned a true Answer that none were to be found nor do the Remonstrants regard that Power but at that Juncture their party being prevalent they thought they had an Opportunity to get
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
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 â—â—is Forces shall stand and according to the Advantage that shall â—e 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
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
Allegiance in haec verba viz. I A. B. do hereby acknowledge profess testifie and declare in my Conscience before God and the World that our Sovereign Lord King Charles is lawful and rightful King of this Realm and of other his Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty and His Heirs and Successors and Him and them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against His or Their Crown and Dignity and do my best endeavour to disclose and make known to His Majesty His Heirs and Successors or to the Lord Deputy or other His Majesties chief Governor or Governors for the time being all Treason or Traiterous Conspiracies which I shall know or hear to be intended against His Majesty or any of Them And I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God c. Nevertheless the said Lord Lieutenant doth not hereby intend that any thing in these Concessions contained shall extend or be construed to extend to the granting of Churches ☞ Church-Livings or the exercise of Jurisdiction the authority of the said Lord Lieutenant not extending so far yet the said Lord Lieutenant is authorized to give the said Roman Catholicks full assurance as hereby the said L. Lieut. doth give unto the said Rom. Catholicks full assurance that they or any of them shall not be molested in the possession which they have at present of Churches and Church-Livings or of the exercise of their respactive Jurisdictions as they now exercise the same until such time as His Majesty upon a full consideration of the desires of the said Roman Catholicks in a Free Parliament to be held in this Kingdom shall declare his further Pleasure 2. Item It is concluded accorded and agreed upon by and between the said Parties and his Majesty is further graciously pleased that a Free Parliament shall be held in this Kingdom within six months after the Date of these Articles of Peace or as soon after as Thomas Lord Viscount Dillon of Costologh Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander Mac Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewal Baronet Jeffery Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerâ—ald Fennel Esquires or the major part of them will desire the same so that by possibility it may be held and that in the mean time and until the Articles of these Presents agreed to be passed in Parliament be accordingly passed the same shall be inviolably observed as to the matters therein contained as if they were enacted in Parliament And that in case a Parliament be not called and held in this Kingdom within two years next after the Date of these Articles of Peace then his Majesties Lord Lieutenant or other his Majesties chief Governor or Governors of this Kingdom for the time being will at the request of the said Thomas Lord Viscount Dillon c. or the major part of them call a General Assembly of the Lords and Commons of this Kingdom to attend upon the said Lord Lieutenant or other his Majesties chief Governor or Governors of this Kingdom for the time being in some convenient place for the better setling of the affairs of the Kingdom And it is further concluded accorded and agreed by and between the said parties that all matters that by these Articles are agreed upon to be passed in Parliament shall be transmitted into England according to the usual form to be passed in the said Parliament and that the said Acts so agreed upon and so to be passed shall receive no disjunction or alteration here or in England Provided that nothing shall be concluded by both or either of the said Houses of Parliament which may bring prejudice to any of his Majesties Protestant Party or their Adherents or to his Majesties Roman Catholick Subjects or their Adherents other than such things as upon this Treaty are concluded to be done or such things as may be proper for the Committee of Priviledges of either or both Houses to take cognizance of as in such cases heretofore hath been accustomed and other than such matters as his Majesty will be graciously pleased to declare his further pleasure in to be passed in Parliament for the satisfaction of his Subjects and other than such things as shall be propounded to either or both Houses by his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being during the said Parliament for the advancement of his Majesties Service and the Peace of the Kingdom which clause is to admit no construction which may trench upon the Articles of Peace or any of them and that both Houses of Parliament may consider what they shall think convenient touching the Repeal or Suspension of the Statute commonly called Poyning's Act Entituled An Act That no Parliament be holden in that Land until the Acts be certified into England 3. Item It is further concluded accorded and agreed upon by and between the said Parties and his Majesty is graciously pleased That all Acts Ordinances and Orders made by both or either Houses of Parliament to the blemish dishonour or prejudice of his Majesties Roman Catholick Subjects of this Kingdom or any of them sithence the seventh of August 1641. shall be vacated and that the same and all Exemplifications and other Acts which continue the memory of them be made void by Act to be past in the next Parliament to be held in this Kingdom and that in the mean time the said Acts or Ordinances or any of them shall be no prejudice to the said Roman Catholicks or any of them 4. Item It is also concluded and agreed upon and his Majesty is likewise graciously pleased that all indictments attainders outlawries in this Kingdom and all the processes and other proceedings thereupon and all Letters Patents Grants Leases Customs Bonds Recognizances and all Records Act or Acts Office or Offices Inquisitions and all other things depending upon or taken by reason of the said Indictments Attainders or outlawries sithence the seventh day of August 1641. in prejudice of the said Catholicks their Heires Executors Administrators or Assignes or any of them or the Widows of them or any of them shall be vacated and made void in such sort as no memory shall remain thereof to the blemish dishonour or prejudice of the said Catholicks their Heirs Executors Administrators or Assignes or any of them or the Widows of them or any of them and that to be done when the said Thomas Lord Viscount Dillon c. or the major part of them shall desire the same so that by possibility it may be done and in the mean time that no such indictments attainders outlawries processes or any other proceedings thereupon or any letters patents grants leases custodiums
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 esâ—ier and repeated the Election and then Netervil was consecrated by Langton Archbishop of Canterbury About this Time viz. 2 Hen. 3. the King wrote to Ireland for Aid to pay off a Debt due from him to Lewis Son of the King of France Soon after Henry de Londres was by Pope Honorius the Third made Legate of Ireland and held a Synod at Dublin which made many good Canons But the Lord Justice had displeased the King by his male-administration of Affairs in Ireland or perhaps had
Resumption of all the Grants made by the Crown since the last day of the Reign of King Edward the Second Lib. G. except some Particulars mentioned in the Act and another Act Rot. Parl. c. 41. attaints the Earl of Kildare and his Brother James for High Treason for corresponding with O Hanlon and seizing the Castle of Caterlogh for extorting Coyn and Livery and for treating with the King of Scotland however he was afterward acquitted in England and received into favour and perhaps there was another Act to dissolve the Fraternity of S. George for it is certain that about this time that Brotherhood fell and so I have done with this Famous Parliament when I have told you that it is a Mistake in the Printed Statute-Book to place it anno 1495 because it is manifest That November 1494 was in the tenth Year of this King's Reign It is scarce worth mentioning Ware 43. That during this Parliament the Lord Deputy made another Expedition into Vlster because the Irish fled into their Fastnesses so that he reaped but small Fruit for his Journey In his Absence he left a Commission with the Chanchellor to continue adjourn prorogue or dissolve the Parliament as he saw cause About this time Cormock mac Teige mac Carthy of Muskry 1495. was basely murdered by his Brother Owen Ancestor of the Mac Carthyes of Cloghroe and was buried in the Abby of Kilcrea which he himself had founded But let us return to Perkin Werbeck who set sail from Flanders with about six hundred Men and arrived on the Coast of Kent but he found ill treatment there for one hundred and sixty of his Men were taken Prisoners and afterwards executed Thence he sailed to Ireland where he staid some time in Munster probably at Cork but finding the Irish unable to give him any considerable Assistance and fearing the Forces of the Lord Deputy he went thence into Scotland and by that King's Consent married the Earl of Huntly's Daughter who was nearly related to the Crown of Scotland The King of Scots did invade England in favour of Perkin but finding that none of the English came to assist the Impostor he wasted Northumberland and returned And thus Sir Edward Poynings drove Perkin out of Ireland and suppressed his Abettors and established many good Laws which though for the present they extended no further than the Pale yet their Effect and Influence increased and inlarged as fast as the King's Authority did so that those Statutes are at this day in full force over all the Kingdom And the King finding Ireland in so quiet a condition recalled the Lord Deputy and for his good Service made him Knight of the Garter And in his place appointed Henry Dean 1495. Bishop of Bangor Chancellor of Ireland and afterwards Archbishop of Canterbury 1496. to be Lord Justice and on the twenty sixth of April William Ratcliff was made Vice-Treasurer and John Pimp Treasurer at War and on the twenty fifth of June the Lord Delvin was made General for defence of the Pale and in July Octavianus Archbishop of Armagh held a Synod at Droghedah the Acts whereof are not to be found and in August Hugh O Donel being returned out of Scotland encountred and defeated O Connor near Sligo Whereupon he besieged the Castle of Sligo but without Success for being frightned with the News of the Approach of the Burks of Clanrickard he raised the Siege and retired in hast towards Tyrconnel But Burk was not so satisfied but burnt and destroyed all the adjacent Territories that belonged to O Donel's Partisans But the Earl of Kildare was still kept in Prison in England for Grief whereof his Countess died The Earl was accused of burning the Church of Cashel and many Witnesses were ready to prove it when contrary to all their Expectations he readily confessed the Fact and swore by Jesus That he would never have done it but that he thought the Archbishop was in it Which being uttered with a bluntless peculiar to this Lord did exceedingly work upon the King for whilst the Earl did so earnestly urge that for his Excuse which was the greatest Aggravation of his Crime the King easily perceived That a Person of that Natural Simplicity and Plainness could not be guilty of those Finesses and Intrigues that were objected against him It is reported of this Earl That he desired the King to permit him to have Council to manage his Cause since he was altogether unqualified to deal with such cunning Knaves as his Adversaries The King told him He should have what Counsel he would choose and that it concerned him to get Counsel that were very good for that he doubted his Cause was very bad The Earl replied That he would pitch upon the best Counsel in England Who is that said the King Marry even your Majesty quoth the Earl Whereat the King laughed But nevertheless he so requited Kildare for his Complement that when the Adversary concluded his Oration That all Ireland could not govern this Man the King took that occasion to make reply That therefore he was the fittest Man to govern Ireland Ware 49. And so for his Jest-sake made him Lord Lieutenant of that Kingdom by his Letters Patent of the sixth of August and restored him to his Honour and Estate Nevertheless the King kept the Earls eldest Son Girald as Hostage of the Father's Fidelity which proved to be a matter of Caution rather than of Necessity for no body could behave himself with more Loyalty to his Prince nor more Vigor against the Irish than the Earl of Kildare did from henceforward But to proceed Girald Earl of Kildare 1496. being made Lord Lieutenant in a short time after he had received the Sword marched towards Thomond against O Brian he went through the City of Limerick and took the Castle of Feyback from Finin Mac nâ—marra and afterwards took and rased the Castle of Ballyniti or Ballynice and so returned to Dublin and was reconciled to the Archbishop of Armagh to their mutual Ease and Quiet and to the great Advantage of Publick Affairs which often suffer especially in Ireland by the private Animosities of the Grandees But the Bishop of Bangor was recalled into England and Walter Archbishop of Dublin was made Lord Chancellor in his stead This good Archbishop in a Synod at Dublin anno 1492 procured a Pension for a Divinity-Reader there to be paid by him and his Suffragans and their Successors for ever And it is reported of him That being present when a famous Orator made a most eloquent Speech to the King his Majesty asked the Archbishop How he liked the Oration The good old Man replied That he saw no other Fault in it but Flattery As God shall love me quoth the King That is the very Fault I my self espied The King by advice of the Lord Lieutenant resolved to pardon those great Men that had been concerned with Perkin Warbeck lest Despair might induce
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 â—â—on 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 〈◊〉 Captains Harrington and Coâ—by One day a Parly being appointed between them on 〈◊〉 Oaths the perfidious Rebel seiz'd upon Harrington and Cosby handâ—asted them together and made them 〈◊〉 after him 〈◊〉 a couple of 〈◊〉 through Woods and Boggâ— in continual fear of Death at length an Agreement was almost concluded when Robert Harpool Constable of Carâ—â—â— accompanied by Lieuâ— Parker and fifty Men having good intelligence went to the Place where Rory Oge 〈◊〉 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 â—inger but being in the dark and in haste it so hapned that none of the Wounds were mortal 〈…〉 English having entred the House I released Harrington and Cosby and killed all the rest◠〈◊〉 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 〈◊〉 early in the Morning burnt some Houses and 〈…〉 him and killed seventeen of his best Men and Rory himself hardly escaped In the mean time the Lord Deputy 〈◊〉 to the 〈◊〉 and thither came to him 〈…〉 and renewed his former Subâ—ission 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 〈…〉 three days time and so having received some small Presents from the Deputy he returned joyfully 〈◊〉 In December the Deputy 〈◊〉 into the Kingâ— County and took Pledge◠〈…〉 held Sessions at Kilkenny where several 〈…〉 the City and Country were discovered to be 〈…〉 Popish â—uries would not find the Indictments although the Parties confessed the 〈◊〉 some of them were bound by Recognizance to appear at the Castle Chamber in Dublin to answer that 〈◊〉 To Kilkenny came the 〈◊〉 President 〈◊〉 to complain 〈◊〉 Desmond kept 〈…〉 which oppressed the Country and 〈…〉 President The Deputy 〈◊〉 for Desmond and 〈◊〉 immediately came and excused his not coming to the President because he was his 〈◊〉 Enemy but the Lord Deputy so manag'd it that they were reconciled and the 〈◊〉 promised due Obedience And so cunningly did that 〈◊〉 dissemble that he sent the Lord President word of the Arrival of a 〈…〉 with many French and Irish Men 〈…〉 and Munster in 〈…〉 In the Month of December 〈…〉 Son whereupon great and cruel 〈…〉 ensue between 〈…〉 at length their Controversies were referr'd to the Deputy About the same time some of the 〈◊〉 Followers were suspected to be 〈…〉 sent for to be 〈…〉 to surrender them 〈…〉 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 〈◊〉 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 inâ—â—â— 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 frightâ—n 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 Vinâ—ola 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 〈◊〉 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 Maâ—genis and therefore at Maâ—genis 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 Aâ—henry built the Bridge of Athlona which opened a Passage into Connaught he began to wall Oarrig fâ—rgus 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 〈◊〉 and had Orders of the twentieth of March to return but they were superâ—eded 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 1â—000 155 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 〈◊〉 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 〈◊〉 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 Melliâ—ont 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 ☞ 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 publicâ—â—ly opposed the Peace of 1646. and 1648. and accordingly the Duke of Ormond and the Council of Ireland did by their Letter of the 3â—th 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 〈…〉 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 ☞ 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
for Sir William Saintleger to be Lord President of Munster And on the Fifteenth of March he ordered the Vice-Treasurer to pay what the Lord Deputy and Eight Privy-Counsellors should think fit for the Charges of the Lord Deputy's Progress On the Ninth of May 1627. upon Complaint of the Lord Courcy That Sir Dominick Sarsfeild had obtained the Title of Viscount Kinsale it was referred to the Lord president of the Council the Steward of the Houshold Earl of Totness Viscount Grandison and Chancellor of the Dutchy who report That the Lord Courcy and his Ancestors were Lords Courcy and Barons of Kinsale and Ringrone And thereupon the Defendant endeavor'd to carry the Barony to another Line and also alledged an Attainder but made out neither and then he propos'd That both Titles were consistent one to be Baron and the other to be Viscount of Kinsale But that being not thought convenient his Majesty orders That Sir Dominick quit the Title of Kinsale but retain the Name and Precedency of Viscount Sarsfeild and chuse some other Place to denominate his Honour and afterwards he did so and was created Viscount Killmallock And on the 24th of July the King orders That Nathaniel Catlin his second Serjeant at Law should have Precedence of the Attorney-General and Sollicitor-General and in February following his Majesty likewise gave Orders to make a new Examinator for the Court of Chancery there being but one Examinator in that Court before that time But in order to make the Papists the more willing to bear the great Charge of the Army and to consent to a constant Tax for its Support certain Propositions were set on foot in their favour viz. to suspend all Proceedings against them for Marriages and Christnings by Priests and to give them liberty of Suing out Liveries and Ouster le mains without taking the Oath of Supremacy with design to introduce a more Publick Toleration of Religion for which a good Sum of Money should be paid to his Majesty to maintain the Army to which end a Great Assembly of the Nation was Convok'd by the Lord Deputy But the Protestant Archbishops and Bishops abhorring this gross and scandalous Proposal did on the 26th day of November 1626. at the Lord Primate's House unanimously vote and subscribe the following Protestation viz. The Judgment of divers of the Archbishops and Bishops of Ireland Life of Archb. concerning Toleration of Religion Vsher 28. THe Religion of the Papists is Superstitious and Idolatrous their Faith and Doctrine Erroneous and Heretical their Church in respect of both Apostatical To give them therefore a Toleration or to consent that they may freely exercise their Religion and profess their Faith and Doctrine is a grievous Sin and that in two Respects For First It is to make our selves accessory not only to their Superstitions Idolatries and Heresies and in a word to all the Abominations of Popery but also which is a Consequent of the former to the Perdition of the seduced People which perish in the Deluge of the Catholick Apostacy Secondly To grant them a Toleration in respect of any Money to be given or Contribution to be made by them is to set Religion to sale and with it the Souls of the People whom Christ our Saviour hath redeemed with his most precious Blood And as it is a great Sin so it is also a Matter of most dangerous consequence the Consideration whereof we commit to the Wise and Judicious beseeching the God of Truth to make them who are in Authority zealous of God's Glory and of the Advancement of True Religion zealous resolute and couragious against all Popery Superstition and Idolatry Amen Ja. Armachanus Mal. Casellen Anth. Medensis Tho. Ferns Leghlin Ro. Dunensis Georg. Derensis Richard Cork c. Andr. Alachadens Tho. Kilmore Ardagh Theo. Dromore Mic. Waterford Lismore Fra. Limerick This zealous Protestation of the Bishops against Popery which Downham Bishop of Derry read to the State in the midst of his Sermon at Christchurch on the 23th day of April 1627. drew on a Remonstrance from the House of Commons in England to his Majesty to this effect That the Popish Religion was publickly profest in every Part of Ireland and that Monasteries and Nunneries were thsre newly erected and replenished with Votaries of both Sexes which would be of evil Consequence unless seasonably repress'd These two extraordinary Actions put a stop to any farther Endeavors for the publick Exercise of Popery at that time Nevertheless because the Irish Agents in England did consent to the payment of 120000 l. in three Year it was thought reasonable that the King should signifie his Gracious Acceptance thereof by conferring some extraordinary Favours on the Agents and Contributors And therefore the King did on the 24th day of May not only grant them the following Graces which were transmitted to Ireland by way of Instructions to the Lord Deputy and Council but also sent with it a Letter recommending the Lord of Killeen and the Lord Poer and the rest of the Irish Agents to the Lord Deputy's Favour desiring that he would order such Moneys to be paid them by the Country as they were promis'd for their Agency and that he should issue necessary Warrants and Directions for levying the same Instructions to be observed by Our Right Trusty and Well-beloved Cousin and Counsellor Henry Lord Viscount Falkland Our Deputy-General of Our-Realm of Ireland and by Our Council there and by the Deputy or other Chief Governor or Governors and Council there which hereafter for the time shall be and by all other Our Officers and Ministers whom it may severally or respectively concern I. AT the humble Requests presented unto Us on the behalf of Our Subjects of Ireland upon mature Consideration had thereof and by the Advice of Our Privy-Council We are graciously pleased in the first place to order and direct for the better Preservation and Ease of our said Subjects that Our Soldiers there be called in and limited to the most Serviceable Garrisons and that they be not called from thence upon any Pretence but against the Enemy or Rebel that makes Head II. For the Collection of Our Rents in case of Default That first a Summons Process shall issue Secondly That a Purâ—uivant be sent and Lastly If this be not sufficient in case the Sum be of value that then Our Vice-Treasurer by Warrant from Our Deputy and Council shall appoint a competent Number of Soldiers of the next adjoyning Garison to collect Our said Rents at the Charge of the Parties complained of having care that any Man be not burdened with a greater number of Soldiers than the Service shall necessarily require III. And when Necessity requires the Marching of Our said Soldiers against the Enemy or Rebel That the Officers imploy'd shall give Ready Money or Ticket to be defalked out of their Entertainment and duly paid into the Country upon demand without taking Money Pawns or Distresses but such Meat and
Lord Deputy He was sworn on the Third of April and was an intimate Friend of the Lord Lieutenants and was suspected to have imployed Agents to raze out of the Journal-Book of the House of Commons some Instructions that were agreed upon by that House for a Committee to Impeach the Earl of Strafford but it is certain he did what he could to hinder that Committee from going to England And besides Persuasions Rushw 469. he proceeded to forbid them that voyage upon their Allegiance Nevertheless they all got away privately some from one Port and some from another and came safely to England This Committe were the Lords Gormanstowne Killmallock Costilo and Baltinglass for the Upper House Nicholas Plunket Sir Robert Digby Richard Fitz-Gerrald and Nicholas Barnwall for Leinster Sir Hardress Waller John Welsh Sir Donough mac Cartby for Munster Robert Linch Geoffry Browne and Thomas Burk for Connught and Sir William Cole and Sir James Mountgomery for Ulster and they carried with them a Remonstrance from the Irish Parliament against the Earl of Strafford whom they prosecuted effectually and were under-hand so to do by the Discontented part of the Parliament of England And because this Remonstrance contains a great part of the History of those Times I have thought necessary to add it in haec verba To the Right Honourable the Lord Deputy The Humble and Just Remonstrance of the Knights Citizens and Burgesses of the Parliament Assembled SHEWING THat in all Ages since the happy Subjection of this Kingdom to the Imperial Crown of England Rushw 11. it was and is a Principal Study and Princely Care of His Majesty and His Noble Progenitors Kings and Queens of England and Ireland to the vast Expence of Treasure and Blood that their Loyal and Dutiful People of this Land of Ireland being now for the most part derived from British Ancestors should be Governed according to the Municipal and Fundamental Laws of England that the Statute of Magna Charta or the Great Charter of the Liberties of England and other Laudable Laws and Statutes were in several Parliaments here Enacted and Declared that by the means thereof and of the most prudent and benign Government of His Majesty and His Royal Progenitors this Kingdom was until of late in its growth a flourishing Estate whereby the said People were heretofore enabled to answer their humble and natural Desires 〈◊〉 comply with His Majesty's Princely and Royal Occasions by their Free Gift of One hundred and fifty thousand pounds Sterling and likewise by another Free Gift of One hundred and twenty thousand pounds more during the Government of the Lord Viscount Faulkland and after by the Gift of Forty thousand pounds and their free and chearful Gift of Six intire Subsidies in the Tenth Year of His Majesty's Reign which to comply with His Majesty 's then Occasions signified to the them House of Commons they did allow should amount in the Collections unto Two hundred and Fifty thousand pounds although as they confidently believe if the Subsidies had been Levied in a moderate Parliamentary way they would not have amounted to much more than half the Sum aforesaid besides the Four intire Subsides granted in this present Parliament So it is may it please Your Lordship by the occasion of the ensuing and other Grievances and Innovations though to His Majesty no considerable Profit this Kingdom is reduced to that extream and universal Poverty that the same is lesâ— able to pay Subsidies than it was heretofore to satisfie all the before-recited great Payments And His Majesty's most Faithful People of the Land do conceive great Fears that the said Grievances and Consequences thereof may be hereafter drawn into Precedents to be perpetuated upon their Posterity which in their great Hopes and strong Beliefs they are persuaded is contrary to His Royal and Princely Intention towards His said People Some of which said Grievances are as followeth I. The general apparent Decay of Trades occasioned by the new and illegal raising of the Book of Rates and Impositions upon Native and other Commodities exported and imported by reason whereof and of extreme Usage and Censures Merchants are beggar'd and both disenabled and discouraged to Trade and some of the Honourable Persons who gain thereby are often Judges and Parties and that in the conclusion His Majesty's Profit thereby is not considerably advanced II. The Arbitrary Decision of all Civil Causes and Controversies by Paper Petitions before the Lord Lieutenant and Lord Deputy and infinite other Judicatories upon Reference from them derived in the nature of all Actions determinable at the Common Law not limited into certain Time Cause Season or Thing whatsoever and the Consequences of such Proceedings by receiving immoderate and unlawful Fees by Secretaries Clerks Pursuivants Serjeants at Arms and otherwise by which kind of Proceedings His Majesty loseth a great part of His Revenue upon Original Writs and otherwise and the Subject loseth the Benefit of his Writ of Error Bill of Reversâ—l Vouchers and other legal and just Advantages and the ordinary Course and Courts of Justice declined III. The Proceedings in Civil Causes at Council-board contrary to the Law and Great Charter not limited to any certain Time or Season IV. That the Subject is in all the Material Parts thereof denied the Benefit of the Princely Graces and more especially of the Statute of Limitations of 24 Jac. granted by His Majesty in the Fourth Year of His Reign upon great Advice of the Councils of England and Ireland and for great Consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdom in open Assizes whereby all Persons do take notice that contrary to His Majesty's Pious Intentions His Subjects of this Land have not enjoyed the Benefit of His Majesty ' Princely Promise thereby made V. The Extrajudicial Avoiding of Letters Patents of Estates of a very great part of His Majesty's Subjects under the Great Seal the Publick Faith 〈◊〉 the Kingdom by Private Opinions delivered at the Council-board without Legal Evictions of their Estates contrary to Law and without Precedent or Example of any former Age. VI. The Proclamation for the Sole Emption and Uttering of Tobacco which is bought at very low Rates and uttered at high and excessive Rates by means whereof thousands of Families within this Kingdom and of His Majesty's Subjects in several Islands and other Parts of the West-Indies as your Petitioners are informed are destroyed and the most part of the Coin of this Kingdom is engrossed into particular Hands insomuch that your Petitioners do conceive that the Profit arising and engrossed thereby doth surmount His Majesty's Revenue Certain or Casual within this Kingdom and yet His Majesty receiveth but very little Profit by the same VII The universal and unlawful Encreasing of Monopolies to the Advantage of a Few the Disprofit of His Majesty and Impoverishment of His People VIII And the extreme cruel Usage of certain late Commissioners and
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
Warrant from Mr. Nicholas Plunket And on the Fourteenth of November they nam'd their Supreme Council viz. LEINSTER Archbishop of Dublin jurat Viscount Gormanstown jurat Viscount Mountgarret jur resid Nicholas Plunket jur resid Richard Beling jur resident James Cusack jur resid CONAUGH Archbishop of Tuam jur Viscount Mayo Bishop of Clonfert jur resid Sir Lucas Dillon jur Patrick Darcy jur resident Jeofry Brown jur resident MUNSTER Viscount Roch jur resid Sir Daniel O Bryan Edmond Fitzmorris jur Doctor Fennell jur Robert Lambart jur resid Geo. Comyn jur ULSTER Archbishop of Armagh jur resid Bishop of Down jur resid Philip O Reyly jur resid Colonel Mac Mahon jur Ever Macgenis jur Tirlagh O Neal. They also appointed Provincial Councils and ordered That the Supreme Council may authorise One or more to sollicit Aid of Foreign Princes to advance this Common and Holy Cause and may give them Instructions And on the Fifteenth of November they appointed the Lord Mountgarret to be president and Richard Shea to be Clerk of the Supreme Council And that the Officers of the Army calling to their Assistance one or more of each Province should concert the Measures of carrying on the War And that the Supreme Council shall send an Agent to the King to inform Him of the Motives and Causes of this Holy War and of the Grievances of the Kingdom And they appoint Sir Richard Barmwall Muster-master General and order Four thousand Pounds in Money to be new Coined And on the Sixteenth of November they ordered 31700 Men to be raised in the following Counties whereof 5300 Foot and 520 Horse were to go to the Army and the rest to be for the Defence of the Country and the Garisons viz. Â Â Â Foot Horse West-Meath 3000 whereof for the Army 500 50 Meath 3000 Â 500 50 Kildare 3000 Â 500 50 Wexford 3000 Â 500 50 Kings County 2800 Â 500 30 Queens County 2400 Â 400 40 Wickloe 2400 Â 400 40 Dublin 2000 Â 300 50 Kilkenny City 3000 Â 500 50 Louth 1700 Â 300 20 Longford 3000 Â 500 50 Catherlogh 2400 Â 400 40 Â 31700 Â 5300 520 And on the Nineteenth of November they order'd That the King's Revenue be duly gathered up for the making a Common Stock for the Use of the Kingdom And on the Twentieth they appointed the Lord Brittas John Kelly John Baggot James Darcy Maurice Fitzharris and Maurice Baggot a Committee to enquire after Protestants Goods and Lands in the County of Limerick And on the 21th day James Cusack who before the Rebellion was one of the King's Council and Clerk to the Commission of Grace was appointed Attorney-General And it was ordered That Soldiers be Cessed on all Persons and Places that are refractory in paying their Quotâ— of the Contribution and that every Burgess shall have Five shillings per diem and every Knight of a Shire Ten shillings per diem during the Assembly and for Ten days before and after it and that the Earl of Castlehaven devise an Order of Knighthood concerning the Honor of St. Patrick and the Glory of the Kingdom And so on the Ninth of January this Assembly was Dissolved leaving the Government in the Hands of The Supreme Council who notwithstanding his Majesty's Proclamation of 1 January 1641. under His own Signet to the contrary acted as a SEPARATE STATE and contrary to their own Oath of Maintaining the King's Prerogative and their Pretence of taking Arms for it they usurped all the King's Prerogatives even to that of Coining Money and sending Ambassadors to Foreign Princes and to the Granting of Letters of Mart and Reprisalâ— whereof the Reader may see a Precedent Burlace pag. 97. And thus Matters â—ood in Ireland in the Year 1642. In the close of the last Year we left our small Army near Ross 1643. which tho' Victorious was nevertheless in a sad Condition being meanly â—â—oatlied in Fed and worse Paid so that tho' the Lords Justices and Council did send a pressing Letter to the Lieutenant General to keep the Army abroad because there was no Subsistence for them in Dublin and the better to enable him thereunto they sent him Six thousand Pound of Bisket and Ten Barrels of Powder and the like quantity of Match and Musket Bullet yet the Wants of the Army were so great in all manner of Necessaries that it was impossible to keep the Field and therefore they returned to Dublin It is one of the most difficult things in the World to keep an ill-paid Army in exact Discipline for the Soldier that is denied his Due will expect a Connivance upon any Extortion that is less than Equivalent to his Pay and from one Degree it passes to another till it Centers in Licentiousness and thus it happened in Dublin the Officers at first winked at the little Rapines of the Soldiers till at length they openly plundered the Markets but this was the way to spoil all and by discouraging the Market Folks to starve themselves therefore it was strictly prohibited by a severe Proclamation and some Offenders were made Examples whereupon many of the Officers of the Army on the Fourth of April 1643 presented the Government with a very bold and threatning Remonstrance quod vide Appendix 20. which they say was another Cause of the ensuing Cessation But General Preston having again besieged Ballynakill Colonel Crawford on the Eleventh of April marched from Dublin with Thirteen hundred Foot and One hundred and thirty Horse to raise that Siege but he could not perform it and so that place was surrendred But I should have mentioned that the Lords Justices and Council to prevent any Peace or Cessation with the Irish did send His Majesty a most excellent Letter of the Sixteenth of March 1642. recited at large here Appendix 4. which it seems was not well relished at Court for not long after Sir William Parsons who was a great Promoter of that Letter was removed and thereupon accused of Treasonable misdemeanours by Major Butler and Sir Francis Warren but there being more of Malice than Truth in that Impeachment it came to nothing however Sir JOHN BURLACE and Sir HENRY TICHBURNE were Sworn Lords Justices on the Twelfth of May and on the Twenty fifth of the same Month the Pope sent over his Bull of Indulgence to the Confederates which is to be found here Appendix 15 and was published by the Irish even after the Cessation was concluded But the Lords Justices and Council were tyred in contriving ways to support the Soldiery and at length they thought upon an Excise and by their proclamation of the Twenty fourth day of June imposed it for Six Months unless other relief for the Army should be sent in the mean time This Excise was exceeding high amounting to half the value of the Commodity in lieu whereof the Retailer was permitted to advance his Price a Moiety more than
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 Coâ—ncil desiring leave for their Agents to repair to the King and that the Irish Agents might not be heard till they should arrive and that Care might be taken to continue the present Parliament which by Change of one of the Lord Justices was in Danger of being dissolved To which on the Twelfth of October they received a favourable Answer That they the Lords Justices had taken care to send Protestant Agents to the King to assist in the Treaty and that nevertheless they would transmit a Copy of the Petitioners request to His Majesty and if His Majesty would License their Departure they would not hinder it But the Protestants knowing that even of late time Agents had gone to the King without such special License from His Majesty they did on the Fourthteenth of October proceed to the Choice of Four Persons fit to be employed and prepared a Petition to the King and then Petitioned the Lords Justices and Council To transmit that Address to His Majesty and to License their Agents to repair unto him to England and on the 19th the Lords Justices answered That they had signified their former Petition to his Majesty and had importuned Secretary Nicholas for a speedy Answer which the Petitioners ought to expect and that in the mean time they would not hinder the Agents from going when they pleased but could not recommend them to the King until His Majesties Pleasure were known The Lord Chancellor Bolton took an Exception to the Copy of the Petition that it was not signed as the Original was which Nicety was soon answered by transcribing the Names of the Subscribers but the Earl of Roscomon Sir James Ware and one other who had signed the first Petition went farther and entered the following Protestation concerning it The Sense of divers of his Majesties Protestants Subjects who have Signed to the late Petition directed to His Majesty SUffering under the Mis-construction of Our Petition We hold it fit to declare that We exhibited not the same through want of Assurance of His Majesties Care of the Protestant Religion and of his Subjects nor yet to divert any Supplies that may be drawn from hence against such as in his Kingdom of England have taken up Arms against him but meerly in Right to Gods Cause and in Our Right humbly to inform His Majesty when the Irish Agents repair unto him if the said Agents shall endeavour to surprise or prejudice Us in either this is the Commission We give and if any Person or Persons imployed by Us shall go further or otherwise busie themselves to the disturbance of His Majesties Service against such We do and shall protest as being in Our Intentions no Parties thereunto which as it may serve to vindicate our Faith to His most sacred Majesty so it may shew how Causeless the Jealousies are of this Address to him And thus it stood till January when His Majesties Letter of the Sixth of November arrived and thereby License was granted to the Petitioners to send their Four Agents whereupon the Petitioners chose Sir Charles Coot and Captain William Parsons to be added to the Four they had pitched upon before and presented their Names to the Lord Lieutenant and on the Seventeenth day of February following the Commons of the Irish Parliament approved of what the Petitioners had done and declared their Concurrence therewith whereupon the Petitioners moved the Lord Lieutenant and Council for a recommendation to His Majesty both of their Cause and Agents and being demanded they produced their Instructions which were rectified as is mentioned Appendix 22. and then they were informed that it would gain them favour with the King if they carried over their Companies with them except Sir Charles Coot's which was in Conaught but Captain Parsons his Troop chose rather to be disbanded then to go over to Fight against their Countrey-men but Captain Ridgway's and Sir Francis Hamiltons Companies were Transported under their
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 aâ—d 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 prâ—fitebantur 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 ††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
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 â—ver 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 â—topped 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
His Majesties Protestant Subjects and their Adherents respectively 7. It is Concluded and Accorded that what Corn hath been Sown by any of His Majesties Army or by any of his Protestant Subjects or their Adherents or by any of them within any of the Quarters allotted in the Province of Leinster to the said other Party the same shall be enjoyed by the Sowers and Manurers paying for the same as they did agree and in case they did not agree paying the Fourth Sheaf unto such Garrison within whose Quarters the same shall fall And that in case any of the said Roman-Catholick◠Subjects now in Arms c. or any of their Party have Sown Corn within any the Quarters alotted in the Province of Leinster to the said other Party the same shall be enjoyed by the Sowers and Manurers paying for the same as they did agree and in case they did not agree paying the Fourth Sheaf unto such Garrisons within whose Quarters the same shall fall And it is likewise Concluded and Accorded that those Places which have been Protected by the Lords Justices or any Officer of His Majesties Army do pay according to the Agreement which was made and if no Agreement were made to pay the Fourth Sheaf to those Garrisons or Persons who Protected them in whose soever Quarters they are◠And this to continue for a Rule other than as to so many of those Garrisons who granted such Protection and are since regained by the said Party or some of them for whom the said Donnogh Viscount Muskery and the Persons above named are authorised as aforesaid And that the Tenants of the Town of Balliboght in the County of Dublin if they have not been protected shall pay according to agreement and if no Agreement made then the Fourth Sheaf and to continue their Possessions during this Cessation And it is further Concluded and Accorded that where His Majesty on any of His Protestant Subjects or their Adherents shall happen to have any Garrison or Garrisons within the Quarters set forth in the next precedent Article for the said other Party that such Garison and Garisons shall have such competency of Lands as well profitable as unprofitable now termed waste as shall be found necessary for them by any indifferent Commissioners to be appointed for that purpose 8. It is concluded and accorded that the Quarters in the Province of Munster be as followeth viz. That the County of the City of Cork and so much of the County of Cork as is within the subsequent Garrisons viz. From Youghall to Mogeely thence to Formoy thence to Michelstown thence to Liscarroll and so in a line from Michelstown and Liscarroll northward as far as His Majesties out-Garrisons on that side do extend and from Liscarroll to Mallow thence to Cork thence to Carrig-Croghan thence to Rochfordstown thence to Bandonbridge thence to Timmoleage and thence forward to the Sea together with the said Garrisons shall during the said Cessation remain and be in the Possession of His Majesties Protestant Subjects and of such as adhere unto them Saving and excepting to 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 on 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 Roman Catholick Subjects now in Arms c. and their party And that the residue of the said County of Cork shall likewise remain to the said party last named saving and excepting to His Majesties Protestant Subjects and their Adherents all such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which on the said Fifteenth Day of September 1643 ☜ at the hour aforesaid are possessed in the last mentioned Quarters by them or any of them And that the County of Tipperary the County of Limerick the County of the City of Limerick the County of Kerry the County of Waterford the County of the City of Waterford and the County of Clare shall during the said Cessation remain and be in the possession of the said Roman Catholick Subjects now in Arms c. and their party Except Knockmorn Ardmore Piltown Cappoquin Ballinetra Stroncally Lismore Balliduffe Lisfinny and Tallow all scituate in the County of Waterford or as many of them as are possessed by His Majesties Protestant Subjects and their Adherents the said fifteenth Day of September 1643 at the hour aforesaid and likewise except all such Castles Towns Lands Territories and Hereditaments thereunto belonging as within the said Counties respectively on the said fifteenth Day of September 1643 at the hour aforesaid are possessed by any of His Majesties Protestant Subjects or such as adhere unto that party respectively in the said County of Waterford and the rest of the last mentioned Counties And it is concluded and accorded that the like rule for Corn sown and what shall be payed by places protected and for the laying out wasts for the respective Garrisons shall be observed in the Province of Munster as it is set down for Leinster 9. It is concluded and accorded that the quarters in the Province of Vlster be as followeth viz. That such Counties Baronies Lands Tenements and Hereditaments in the Province of Vlster which the said fifteenth Day of September 1643 at the hour aforesaid are possessed by any of His Majesties Protestant Subjects or any that adhere unto them and all places protected by any Commander deriving Authority from His Majesty shall during the said Cessation remain entirely in the hands and in the possession of His Majesties Protestant Subjects and such as adhere unto them excepting such Castles Lands and Hereditaments as on the fifteenth Day of September 1643 at the hour aforesaid are possessed by the said Roman Catholick Subjects now in Arms c. or their party And that all such Counties Baronies Lands Tenements and Hereditaments in the said Province which on the said fifteenth of September 1643 at the hour aforesaid are possessed by the said Roman Catholick Subjects now in Arms c. and their party shall remain entirely during this Cessation in the hands and possession of the said Roman Catholick Subjects now in Arms c. and their party saving and excepting throughout all places protected by any Commander deriving Authority from His Majesty and likewise excepting there-out all such Territories Castles Towns Lands Tenements and Hereditaments which on the said fifteenth Day of September 1643 at the hour aforesaid are possessed by any of His Majesties Protestant Subjects or such as adhere unto them And it is concluded and accorded that the like rule for Corn sown and what shall be payed for protected places and for the laying down of wasts for the respective Garrisons shall be observed in the Province of Vlster as is set down for Leinster 10. It is concluded and accorded that the quarters in the Province of Connaght be
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
Protestant Subjects And that all the Laws and Statutes established in that Kingdom against Popery and Popish Recusants may continue of Force and be put in due Execution 3. That Restitution be made of all our Churches and Church Rights and Revenues and all our Churches and Chappels re-edified and put in as good Estate as they were at the breaking out of the Rebellion and as they ought to be at the charge of the Confederate Roman-Catholicks as they call themselves who have been the occasion of rhe Deftruction of the said Churches and possessed themselves of the Profits and Revenues thereof 4. That the Parliament now sitting in Ireland may be continued there for the better settlement of the Kingdom and that all Persons duly Indicted in the said Kingdom of Treason Felony or other Heinous Crimes may be duly and legally Proceeded against Outlawed Tryed and Adjudged according to Law and that all Persons lawfully Convicted and Attainted or to be Convicted and Attainted for the same may receive due Punishment accordingly 5. That no man may take upon him or execute the Office of a Mayor or Magistrate in any Corporation or the Office of a Sheriff or Justice of Peace in any City or County in the said Kingdom until he have first taken the Oaths of Supremacy and Allegiance 6. That all Popish Lawyers who refuse to take the Oath of Supremacy and Allegiance may be Suppressed and Restrained from Practice in that Kingdom the rather because the Lawyers in England do not here practise until they take the Oath of Supremacy and it hath been found by Woful Experience that the Advice of Popish Lawyers to the People of Ireland hath been a great cause of their continued disobedience 7. That there may be a present absolute Suppression and Dissolution of all the Assumed Arbitrary and Tyrannical Power which the said Consederates exercise over your Majesties Subjects both in Causes Ecclesiastical and Temporal 8. That all the Arms and Ammunition of the said Confederates be speedily brought into your Majesties Stores 9. That your Majesties Protestant Subjects Ruined and Destroyed by the said Confederates may be Repaired for their great Losses out of the Estates of the said Confederates not formerly by any Acts of this present Parliament in England otherwise disposed of whereby they may the better be enabled to re-inhabit and defend the said Kingdom of Ireland 10. That the said Confederates may Rebuild the several Plantation-Houses and Castles Destroyed by them in Ireland in as good state as they were at the breaking out of the Rebellion which your Majesties Protestant Subjects have been bound by their several Patents to Build and Maintain for your Majesties Service 11. That the great Arrears of Rent due to your Majesty out of the Estates of your Majesties Protestant Subjects at and since Michaelmas 1641 may be paid unto your Majesty by such of the Consederates who have either received the said Rents to the uses of the said Confederates or destroyed the same by disabling your Majesties Protestant Subjects to pay the same and have also destroy'd all or the most part of all other Rents or means of support belonging to your said Protestant Subjects And that your said Protestant Subjects may be discharged of all such Arrears of Rents to your Majesty 12. That the said Confederates may give satisfaction to the Army for the great Arrears due unto them since the Rebellion and that such Commanders as have raised Forces at their own charges and laid forth great Sums of Money out of their own Purses and engaged themselves for Money and Provisions to keep themselves their Holds and Soldiers under their Commands in the due necessary defence of your Majesties Rights and Laws may be in due sort satisfied to the encouragement of others in like times and cases which may happen 13 That touching such parts of the Confederate Estates as being forfeited for their Treasons are come or shall duly come into your Majesties Hands and Possession by that Title your Majesty after the due satisfaction first made to such as claim by former Acts of Parliament would be pleased to take the same into your own Hands and Possession And for the necessary encrease of your Majesties Revenue and better security of the said Kingdom of Ireland and the Protestant Subjects living under your Gracious Government there to plant the same with British and Protestants upon reasonable and honourable Terms 14. That one good Walled Town may be Built and kept Repaired in every County of the said Kingdom of Ireland and Endowed and Furnished with necessary and sufficient means of Legal and Just Government and Defence for the better security of your Majesties Laws and Rights more especially the true Protestant Religion in time of danger in any of which Towns no Papist may be permitted to Dwell or Inhabit 15. That for the better satisfaction of Justice and your Majesties Honour and for the future Security of the said Kingdom and your Majesties Protestant Subjects there exemplary Punishment according to Law may be inflicted upon such as have there Traiterously Levied War and taken up Arms against your Majesties Protestant Subjects and Laws and therein against your Majesty especially upon such as have had their hands in the shedding of Innocent Blood or had to do with the First Plot or Conspiracy or since that time have done any notorious Murder or Overt Act of Treason 16. That all your Majesties Towns Forts and places of Strength destroyed by the said Confederates since the said Rebellion may be by them and at their Charges Re-edified and delivered up into your Majesties hands to be duly put into the Government under your Majesty and your Laws of your good Protestants and that all Strengths and Fortifications made and set up by the said Confederates since the said Rebellion may be slighted and thrown down or else delivered up and disposed of for Protestant Government and Security as aforesaid 17. That according to the Presidents of former times in cases of general Rebellions in Ireland the Attainders which have been duly had by Outlawry for Treason done in this Rebellion may be established and confirmed by Act of Parliament to be in due form of Law transmitted and passed in Ireland and that such Traitors as for want of Protestant and indifferent Jurors to Indict them in the proper County are not yet Indictd not Convicted or Attainted by Outlary or otherwise may upon due proof of their Offences be by like Acts of Parliament Convicted and Attainted and all such Offenders forfeit their Estates as to Law appertaineth and your Majesty to be adjudged and put in possession without any Office or Inquisition to be had 18. That your Majesties Protestant Subjects may be restored to the quiet Possession of all their Castles Houses Mannors Lands Tenements Hereditaments and Leases and to the quiet possession of the Rents thereof as they had the same before and at the time of the breaking forth of this Rebellion and from whence
or any of them be taken off the File annulled and declared void First by your Majesties Proclamation and after by Act to be passed in the said free Parliament Answ This we conceive to be a very bold Proposition not warranted as we also conceive by any Example and tending to introduce an ill President in After-times for that was never seen that the Records were taken off the File but where there was some Corruption or Fraud or some illegal or unjust Carriage used concerning the procuring or making up of such Records and the same first we 'll proved upon due Examination and that may not only conceal but in some sort seem to justify their abominable Treasons Murders Cruelties Massacres and Plunders acted against your Majesties Person Crown and Dignity upon the Persons of your Majesties most Loyal Protestant Subjects in that Kingdom and encourage the Papists to do the like again besides the discouragement it may beget in your Majesties Officers and Subjects to do their duties in the like Insurrections which may happen hereafter which also may prove very prejudicial to your Majesties Rights and Revenues if the Records to support the forfeitures wherein many of them are or may be grounded should be taken off the File and Cancelled 5. Prop. That inasmuch as under colour of such Outlawries and Attainders Debts due unto the said Catholicks have been Granted Levyed and disposed of and of the other side that Debts due upon the said Catholicks to those of the adverse Party have been levyed and disposed of to publick use that therefore all Debts be by Act of Parliament mutually released or all to stand in Statu quo notwithstanding any Grant or Dispossession Answ We humbly conceive that in time of Peace and most setled Government when the course of Law and Justice is most open and best observed that Debts due unto the Crown actually levyed and paid in to your Majesties use ought not to be restored though the Records of the Forfeitures should be legally reversed which is far from the present Case and this Proposition tendeth to cross that just right of your Majesty and to make the disposition by the Confederate Papist Rebels of Debts due to Protestants and by the said Rebels by Fraud and Force levied and disposed in maintenance of their Rebellion which cunningly they call by the name of Publick use to be in equal degree to the debts owing by the Rebels and by them all forfeited and many of them by Law duly levyed which is a most unequal and unjust thing and the said Proposition cannot nor doth make offer to have the Pope's Confederates cut off from the debts due to them which they have justly forfeited but only for a colour of consideration to have the Protestants lose such Debts justly due to them as have been unjustly taken from them who have done no Act at all to forfeit them 6. Prop. That the late Officers taken or found upon feigned or old Titles since the Year 1634 to intitle your Majesty to several Counties in Connaught Thomond the County of Tipperary Limrick Killkenny and Wicklow be vacated and taken off the File and the Possessors thereof setled and secure in their antient Estates by Act of Parliament and that the like Act of Limitation of your Majesties Titles for the security of the Estates of your Subjects in that Kingdom be passed in that Parliament as was enacted in the One and Twentieth Year of his late Majesties Reign in this Kingdom Answ We know not of any Offices found or feigned Titles nor what the Confederates may demand in respect of any Graces promised by your Majesty which we intend not nor have any occasion to dispute but do humbly conceive that all those who have committed Treason in the late Rebellion subsequent to your Majesties Promise of those Graces have thereby forfeited the benefit thereof together with the Lands to which the said Graces might else have related and so their whole Estates are now justly fallen to your Majesty by their Rebellion which we conceive is of great importance for your Majesties Service to be taken into consideration As First with regard of the Statutes made in the present Parliament of England Secondly that necessary increase of your Majesties Revenue decayed by the present Rebellion Thirdly the abolishing the evil Customs of the Irish and preservation of Religion Laws and Government there Fourthly the satisfaction of the Protestant Subjects losses in some measure Pifthly the Arrears of your Majesties Army and other debts contracted for the War and for preservation of that Kingdom to your Majesty Sixthly the bringing in of more British on the Plantation Seventhly the building of some walled Towns in remote and desolate places for the Security of that Kingdom and your Majesties good Subjects there Eighthly the taking of the Natives from their former dependency on their Chieftains who usurped an absolute Power over them to the diminution of all Regal power and to the oppression of the Inferiors 7. Prop. That all Marks of Incapacity imposed upon the Natives of that Kingdom to purchase or acquire Lands Leases Offices or Hereditaments be taken away by Act of Parliament and the same to extend to the securing of Purchases Leases or Grants already made and that for the Education of Youth an Act be passed in the next Parliament for the erecting of one or more Inns of Court Vniversities Free and Common-Schools Answ This we conceive concerneth some of the late Plantations and no other part of that Kingdom and that the restriction herein mentioned is found to be of great use especially for the indifferency of Trials Strength of the Government and for Trade and Traffick and we humbly conceive that if other Plantations shall not proceed for the setling and securing of the Kingdom and that if no restraint be made of Popish purchasing or buylng of the Protestants out of their former Plantations where they were prudently setled though now cast out of their Estates by the late Rebellion and unable to plant the same again for want of means and therefore probably upon easie Terms will part from their Estates to the Confederates that those Plantations will be destroyed to the great prejudice of your Majesties Service and endangering of the Safety of that Kingdom Touching bearing of Offices we humbly conceive that their now Conformity to the Laws and Statutes of that Realm is the only Mark of Incapacity imposed upon them We humbly conceive that we ought not to expect to be more capable there than the Englssh Natives are here in England In like manner for Schools in Ireland there are divers setled in that Kingdom already by the Laws and Statutes of that Realm if any Person well affected shall erect and endow any more Schools there at their own Charges so that the School-masters and Scholars may be governed according to Laws Customs and Orders of England and the rest of Free-Schools here we cannot apprehend any just exception thereunto But
touching Universities and Inns of Court We humbly conceive that this part of the Proposition savoureth of some desire to become independant upon England or to make aspersion on the Religion and Laws of the Kingdom which can never be truly happy but in the good Unity of both in the true Protestant Religion and in the Laws of England for as for matter of charge such of the Natives that are desirous to breed their Sons for Learning in Divinity can be well content to send them to the Universities of Lovane Doway and other Popish places in foreign Kingdoms and for Civil Law or Physick to Padua and other places which draws great Treasure yearly out of your Majesties Dominions but will send few or none of them to Oxford or Cambridge where they might as cheeply be bred up and become as Learned which course I conceive is holden out of their Pride and Disaffection towards this Kingdom and the true Religion here professed And for the Laws of the Land which are for the Common Law agreable to England and so for the greatest part of the Statutes the Inns of Court in England are sufficient and the Protestants come thither without grudging and that is a means to civilize them after the English Customs to make them familiar and in love with the Language and Nation to preserve Law in the Purity when the Professors of it shall draw from one original Fountain and see the manner of the practice of that in the same great Channel where His Majesties Courts of Justice of England do flow most clearly whereas by separation of the Kingdoms in that place of their principal Instruction where their Foundations of Learning are to be laid a degenerate Corruption in Religion and Justice may happily be introduced and spread with much more difficulty to be corrected and restrained afterwards by any Discipline to be used in Ireland or punishment there to be inflicted for departing from the true Grounds of things which are best preserved in Unity when they grow out of the same Root than if such Universities and Inns of Court as are proposed should be granted all which we humbly submit to your Majesties most pious and prudent Consideration and Judgment 8. Prop. That the Offices and Places of Command Honour Profit and Trust within that Kingdom be conferred upon Roman Catholick Natives in equality and indifferency with your Majesties other Subjects Answ We humbly conceive that the Roman Catholicks Natives of Ireland may have the like Offices and Places as the Roman Catholicks Natives of England have here and not otherwise howbeit we conceive that in the generality they have not deserved so much by their late Rebellion therefore we see not why they should be endowed with any new or farther Capacities or Priviledges than they have by the Laws and Statutes now in force in that Kingdom 9. Prop. That the insupportable Oppression of your Subjects by reason of the Court of Wards and Respit of Homage be taken away and certain Revenue in Lieu thereof setled upon your Majesty without Diminution of your Majesties Profits Answ We know of no Oppression by reason of the Court of Wards and we humbly conceive that the Court of Wards is of great use for the raising of your Majesties Revenues the preservation of your Majesties Tenures and chiefly the Education of the Gentry in the Protestant Religion and in Civility and Learning and good Manners who otherwise would be brought up in Ignorance and Barbarism their Estates be ruined by their Kindred and Friends and continue their depending upon their Chieftains and Lords to the great prejudice of your Majesties Service and Protestant Subjects and there being no colour of exception to your Majesties just Title to Wardships we know not why the taking away of your Court concerning the same should be pressed unless it be to prevent the Education of the Lords and Gentry that fall Wards in the Protestant Religion For that part of this Proposition which concerns Respit of Homage We humbly conceive that reasonable that some way may be setled for that if that standeth with your Majesties good Pleasure without prejudice to your Majesty or your Majesties Protestant Subjects 10. Prop. That no Lord not estated in the Kingdom or estated and not resident shall have vote in the said Parliament by proxy or otherwise and none admitted to the House of Commons but such as shall be estated and resident within the Kingdom Answ We humbly conceive that in the Year 1641 by the Graces which your Majesty then granted to your Subjects of Ireland the matter of this Proposition was in a fair way regulated by your utter abolishing of blank Proxies and limiting Lords present and attending in the Parliament of Ireland that no one of them should be capable of more Proxies than two and prescribing the Peers of that Kingdom not there resident to purchase fitting Proportions of Land in Ireland within five Years from the last of July 1641 or else to lose their Votes till they should make such purchases which purchases by reason of the Troubles hapning in the Kingdom and which have continued for two years and a half have not peradventure yet been made and therefore your Majesty may now be pleased and may take just occasion to enlarge that time for five Years more from the time when that Kingdom may again be setled in a happy firm peace And as to Members of the House of Commons the same is most fit as we humbly conceive to be regulated by the Laws and Statutes of that Kingdom 11. Prop. That an Act be passed in the next Parliament declaratory that the Parliament of Ireland is a free Parliament of it self independant of and not subordinate to the Parliament of England and that the Subjects of Ireland are immediately subject to your Majesty as in right of your Revenue and that the Members of the said Parliament of Ireland and all other the Subjects of Ireland are independant and no way to be ordered or concluded by the Parliament of England and are only to be ordered and governed within that Kingdom by your Majesty and such Governours as are or shall be there appointed and by the Parliament of that Kingdom according to the Laws of the Land Answ This Proposition concerns your Majesties High Court of Parliament both of England and Ireland and is beyond our Abilities who are not acquainted with the Records and Presidents of this Nature to give an Answer thereunto and therefore we humbly desire your Majesties pardon for not answering unto the same 12. Prop. That the assumed Power or Jurisdiction in the Council Board of determining all Manner of Causes be limited to Matters of State and all Patents Estates and Grants illegally and extrajudicially avoided there or elsewhere be left in State as before and the Parties grieved their Heirs or Assigns till legal Eviction Answ The Council-Table hath always exercised Jurisdiction in some Cases ever since the English Government
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 Oâ—ster 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 wâ—â—rein 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 ☜ 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 perâ—ected 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 Thoâ—â—â—â— and Counties of Tipperarie and Limerick shall have and enjoy the full benefit of such composition and agreement which shall be made with his most Excellent Majesty for the Court of Wards Tenures Respits and issues of Homage any clause in this Article to the contrary notwithstanding and as for the Lands within the Counties of Kilkennie and Wickloe unto which his Majesty was intituled by Offices taken or found in the time of the Earl of Straffords Government in this Kingdom his Majesty is further graciously pleased that the State thereof shall be considered in the next intended Parliament where his Majesty will assent unto that which shall be just and honourable and that the like act of Limitation of his Majesties Titles for the security of the Estates of his Subjects of this Kingdom be passed in the said Parliament as was enacted in the 21. year of his late Majesty King James his Reign in England 8. Item It is further concluded accorded and agreed upon and his Majesty is further graciously pleased that all incapacities imposed upon the Natives of this Kingdom or any of them as Natives by any Act of Parliament Provisoes in Patents or otherwise be taken away by Act to be passed in the said Parliament and that they may be enabled to erect one or more Innes of Court in or near the City of Dublin or elsewhere as shall be thought fit by his Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being and in case the said Innes of Court shall be erected before the first day of the next Parliament then the same shall be in such place as his Majesties Lord Lieutenant or other cheif Governour or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon or any seven or more of them shall think fit and that such Students Natives of this Kingdom as shall be therein may take and receive the usual degrees accustomed in any Inns of Court they taking the insuing Oath viz. I. A. B. Do hereby acknowledge profess testifie and declare in my Conscience before God and the world that our Sovereign Lord King Charles is lawful and rightful King of this Realm and of other His Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty and His Heirs and Successors and Him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever which shall be made against his or their Crown and Dignity and do my best endeavour to disclose and make known to His Majesty His Heirs and Successors or to the Lord Deputy or other His Majesties Chief Governour or Governours for the time being all Treasons or Traiterous conspiracies which I shall know or hear to be intended against His Majesty or any of them and I do make this Recognition and acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God c. And his Majesty is further graciously pleased that his Majesties Roman Catholick Subjects may erect and keep free-Schools for Education of youths in this Kingdom any Law or Statute to the contrary notwithstanding and that all