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
went into England to give his Majesty a full account of his happy and successful Administration of the Government for I find he was created Lord Baron of Belfast on the 23th of February 1615 and perhaps then made Lord High Treasurer THOMAS JONES Archbishop of Dublin Lord Chancellor Sir JOHN DENHAM Lord Chief Justice of the King's Bench were Sworn Lords Justices on the 11th of February 1615. The Archbishop was the worthy Ancestor of the Lords of Ranelagh And Sir John Denham was the first that raised any Profit to the Crown from the Customs in Ireland which were Lett for Five hundred Pounds the first Year and before his Death which happened the 6th of January 1638 they were improved to that degree that they were farmed at Fifty Four thousand Pounds per Annum But the Papists beginning again to grow very insolent it was necessary to hasten the new Lord-Deputy thither and therefore on the 30th of August 1616. Sir OLIVER SAINT JOHN afterwards Viscount Grandison 1616. was sworn Lord-Deputy he behaved himself briskly against the Papists who were at that time very high in Ireland Mr. Sullivan says He was a Bloody Man and that he swore he would in two Years banish all the Priests and that he levied 600000◠from the Papists for Fines and Forfeitures for not going to Church and that in Dublin only he imprisoned Ninety Citizens for denying the King's Supremacy all which is notoriously 〈◊〉 And about the same time a most Scandalous lying Book was published Entituled Annalecta Hiberniae written by David Rooth Vicar Apostolick at the Instigation and Charge of the Lord M And stuffed with innumerable Lyes and malicious Accusations of the King's Government in Ireland and yet dedicated to the Prince of Wales which is a high strain of Impudence and Folly to dedicate to the Son Reflections and Scandals upon the Father and as if that Author intended to mock the Son as well as to abuse the Father and that his Dedication to him should pass for nothing he has added another Dedication by way of Appeal to all Foreign Emperors Kings and Princes wherein he avers That the Irish look for nothing but that the King would use them like a King i. e. not like a Tyrant and when I have added that he compares the King to Julian the Apostate and Cajus Caligula and the English-men to Dogs and Wild-Beasts I have said enough of the Spirit and design of that malicious Author The Exorbitances of the Papists did indeed at this time oblige the Government to keep a stricter hand over them than hitherto they had done and two things were resolved on to humble them one was to banish all their Regulars which did in great numbers swarm almost every where in that Kingdom And the other was to suffer no Magistrates or Officers but what should take the Oath of Supremacy according to Law and in order thereunto there did issue a Proclamation against the Popish Clergy on the 13th of October 1617. Anno Dom. 1617. And afterwards on the 5th of March 1617 Donogh Earl of Twomond Lord President of Munster and Sir William Jones Lord Chief Justice of Ireland did by Virtue of a Commission under the Great Seal bearing date the 23d of January 1617 seize on the Liberties of Waterford and all their Rent Rolls Ensigns of Authority and their publick Revenues which amounted to Three Hundred and Four Pounds Ten Shillings per Annum and kept Assizes in the City for the County of Waterford The cause of this Seizure was because Nicholas White who from Michalmas 1615. to the 20th of October then next following did exercise the Office of Mayor of Waterford did on the 20th day of October 1615. refuse the Oath of Supremacy being then tendered to him by the Lord President by Virtue of a special Commission to that purpose and that upon his refusal the City Elected John Skiddy who Acted as Mayor till the 1st of May 1616. and then refused the same Oath being tendred to him by the Lord President whereupon the City chose Alexander Cuffe and swore him Mayor on the 27th of May who likewise on the 8th of July refused the aforesaid Oath of Supremacy before the Lords Justices whereupon he forbore to Act any farther in the Mayoralty and so it stood till the 1st of April 1617. at which time Walter Cleer was sworn Mayor and so continued Moreover the City had no Recorder since the Death of Nicholas Walsh Anno 1615 and yet in January 1616 there was a Goal Delivery held before the said John Skiddy without any Recorder and one William Person was then Condemned before him and afterwards by his Order executed for Felony And it appeared that the Statute of Elizabeth of Uniformity had not been given in Charge in their Sessions at Waterford for Two years past and all this was found by Inquisition taken the 5th day of September 1617. In the mean time there were sharp Contests between several great Families in Ireland about their Inheritance Lib. F. F. F. 199. the one was between Katherine Lady Power who was Heir General to the Deceased Lord Barry and the then Lord Barry Viscount Buttivant and that was happily Compos'd by the Kings Mediation and the Marriage of the Lord Barry with the Lady Power 's Daughter and the other was between Walter Earl of Ormond and the Lady Dingwell Heir General of Thomas Duff Earl of Ormond who died Anno 1614. Their Case is to be found the very last Case in my Lord Hobert's Reports and was refer'd to the King who Anno 1618. made his Award and divided the Estate between the contending Parties but the Earl of Ormond thought that Distribution so unequal that he refused to submit to it and therefore endured a long Imprisonment and many other Hardships from the Court but after his Death that Controversie was also happily Compos'd by the Marriage of his Grandson the young Earl of Ormond with the sole Daughter and Heir of the Lady Dingwell and that happy Couple improved that divided and shattered Estate to be the greatest and best belonging to any Subject in the Kings Dominions and are well known to the World by the Names of the first Duke and Dutchess of Ormond In the Year 1620. 1620. The famous Doctor Usher was made Bishop of Meath and not long after there arose a Dispute between the Archbishop of Armagh and the Bishop Elect of Clogher about the Exercise of Jurisdiction before Consecration but after some Expostulations the Controversie was peaceably Compos'd The Year 1621. 1621. was famous for the Congregation de Propaganda fide then Erected at Rome the influence whereof the Subjects of Great Britain and Ireland have felt to the purpose and in the same Year Thomas Viscount Thurles Father of the first Duke of Ormond was drowned It was in this Year that the King to mortifie some of the most active Members of the House of Commons that had fallen under his
it was before The Protestants considered the necessity of this Tax and patiently submitted to it but the Papists made all the opposition they could but in vain for there was no other way left and this it self was not sufficient to prevent the mutiny and the ruin of the Army All these things tended to draw on the Cessation which the Marquess of Ormond by His Majesties Letter of the Twenty third of April was ordered to make with the Irish and was by a Second Letter from His Majesty of the Third of May brought to him by Mr. Brent pressed to hasten and by a Third Letter of the Second of July and a Fourth of the Seventh of September he was farther importuned in that Matter nevertheless there was a Party in the Council upon whom the Villanies of the Rebels had made so deep an Impression that they could not endure to hear of any Treaty with the Confederates and therefore the Marquess of Ormond on the Twenty second of June made a Motion in Council which is Entered in the Council-Book as followeth viz. By the Lords Justices and Council Jo. Borlace Hen. Tichburne THE Lord Marquess of Ormond this day moving at this Board that if Ten thousand Pounds may be raised whereof the one half to be in Money and the other in Victuals and to be brought in within a Fortnight that his Lordship would in such Case proceed in the War and immediately endeavour to take in Wexford and forbear to prooceed in the intended Treaty of Cessation of Arms with the Rebels It was thought fit to call before Us the Mayor of this City of Dublin and others who appearing We had Conference with them at this Board concerning the same and find that such is the Poverty of this Place and People as that Sum of Money or Proportion of Victual cannot be raised Given at His Majesties Castle of Dublin 22d June 1643. La. Dublin Roscommon Edw. Brabazon Char. Lambert Adam Loftus William Parsons Thomas Lucas Francis Willoughby G. Wentworth But whether they thought that Supplies would be sent from England or that they were willing to struggle with any Extremities rather than to have Correspondence with the Murderers of their Friends and Relations and the Plunderers of themselves it is certain that Part of the Council still continued averse to the Cessation Hereupon Sir Robert Meredith Sir William Parsons Sir John Temple and Sir Adam Loftus were Committed to Prison by His Majesties Order on the Second of July and on their Petition they were refus'd to be Bayl'd but they had the Liberty of the Castle with a Keeper But on the 4th of July the Lords Justices and Council received a smart Letter from the two Houses of Parliament in England taxing them with Publishing That their present Difficulties were occasioned by the Failures of the English Parliament To which they returned as Tart an Answer on the Twenty eighth of October importing That they gave full frequent and seasonable Notice of all their Wants from time to time to the English Parliament and therefore did not know where else to lay the blame In the mean time there hapned a pleasant Passage on the Eighth of July at which time the Lords Justices and Council sent a Message in writing to the Confederates Purporting that if the Rebels would release Captain Farrer they would exchange Captain Synot for him but the Confederates were so distasted at the word Rebels that they sent back this Answer We do not know to whom this Certificate is directed and we will avow Our selves in all Our Actions Bur. 128. to be His Majesties Loyal Subjects neither shall it be safe henceforth for any Messenger to bring any Paper to Us containing other Language than such as Suits with Our Duty and the Affections We bear to His Majesties Service wherein some may pretend but none shall have more real Desires to farther His Majesties interest than His Majesties Loyal and Obedient Subjects Mountgarret Muskery Fr. Thom. Dublin Malachias Tuamen Castlehaven Audley R. Bealing Torlo O Neile Patr. Darcy And it is observable Lords Justices Letter of 29. July 4â— that Sir John Netervill being indicted of Treason Petitioned the King setting forth that his Witnesses were forced by the Rack to swear more than was true and instances Cornelius Moran and that his own Examination was mutilated of all Matters that might excuse or lessen his Crime but upon Search it appeared that Cornelius Moran was not made use of as an Evidence against him at all and that the Clauses he mentioned to be expung'd were found uncancell'd in his Examination It seems that the Treaty about the Cessation so influenced the Army that it did little this Summer only Colonel Monk on the 27th of June issued out with a Party of Thirteen hundred Foot and 140 Horse and he had the good Fortune at a Pass on the Boyne near Castlejordan to encounter Four thousand Irish Foot and Six hundred Horse under General Preston and to get the better of them however for want of Provisions he was fain to march to Wickloe and was afterwards Commanded thence into Meath to attend Owen Roe O Neal whose Army was near Portlester and there he joyned the Lord Moor who was Commander in chief of this Party and tho' it did not come to a Battel yet the valiant Lord Moor was unfortunately Slain by a Shot from a great Gun not many days before the Cessation was concluded Neither was there much done in the rest of the Provinces for the same Reason but the little that was done ought to be mentioned before we touch the Cessation that so we may take that Treaty entire And first in Munster the Lord of Insiquin divided his Army in the beginning of May and himself marched westward Battel of Killworth whilst Sir CHARLES VAVASOR went Eastward and took Mac Thomas's Castle and other Castles in the County of Waterford But on the Twenty seventh of May the Army to the number of Four hundred Horse and Four thousand Foot rendevouzed at Bottivant from whence Lieutenant Colonel Story with Two hundred Horse and Twelve hundred Foot was detached into Kerry where they got a Considerable Prey and also rescued some English and on the Twenty eighth the Lord Insiquin with the rest of the Army marched to Killmallock and ranged to and fro thereabouts whilst on the Thirty first of May Sir Charles Vavasor with another Detachment attacked the strong Castle of Cloghleagh which he took on the Third of June but on the Fourth of June by great negligence and want of Conduct he was well beaten by the Earl of Castlehaven on the Plain between Formoy and Killworth and Six hundred English were there slain and Sir Charles and others were taken Prisoners which was a just Judgment upon them for suffering some inferiour Officers to violate the Quarter they had given to the Garrison of Cloghleagh and by this Considerable Victory the Rebels were so elevated that they made a brisk
House of Commons consisted of Two hundred thirty two Members whereof about Six were absent so that of sitting Members One hundred twenty five were Protestants and 〈◊〉 were Pâ—pists But the List of the Commons being called over by the Clerk of the Crown No others but such as were return'd as aforesaid were suffered to enter the House of Lords to hear the Lord Chancellors Speech but that being ended the Commons were ordered to their own House to chuse a Speaker whom they were to Present to the Lord Deputy the Friday following and the Lord Deputy told them that the King had recommended a Speaker to them one his Lordship thought beyond exception and should be named to them by some of the Privy Council when they should come to their House And accordingly the House being sate Sir Thomas Ridgway Vice-Treasurer and Treasurer at Wars made a storid Speech and in the end proposed Sir John Davis for their Speaker and that he was the Man the King and Deputy thought fittest for that Office which was answered with a great Acclamation of Consent Hereupon Sir James Gough stept out disorderly into the midst of the House and offered to make a Speech there but being ordered by the House to go back to his place and speak there he did so and then stragling from the Matter in question which was the Choice of a Speaker he alledged that the new Corporations had no Right to chuse nor could any Body not resident or inhabiting in any Corporation be chosen Citizen or Burgess of it and therefore desir'd that Matter might be examined but concluded nothing as to the Speaker till being demanded for whom he gave his Voice He answered for Sir John Everard late one of the Judges of the Kings-Bench but being an obstinate Recusant was by his Majesties special Orders removed Gough was seconded by Sir Christopher Nugent and William Talbot late Recorder of Dublin who moved to the same Effect that the House should he first purged of illegal Members before they proceeded to the Choice of a Speaker Sir Oliver Saint John Master of the Ordnance reply'd That he knew by experience in sundry Parliaments in England that the Course and Usage was first to chuse a Speaker and then to settle Committees and examine Elections and that in their proper Season all Disputes about Elections or returns should be decided according to 〈◊〉 and to the Satisfaction of all good Men and concluded in 〈◊〉 of Davis and gave his Vote for him Hereupon the House was in a confusion Some crying Davis others 〈◊〉 but this noise being over Sir Oliver Saint John said It was the Usage of Parliament to decide Controversies by Questions and Questions by Votes that the Affirmative party usually 〈◊〉 out of the House and the Negative staid behind and so he 〈…〉 were for Sir John Davis to follow him out 〈…〉 to the number of One hundred twenty five The Treasurer and Marshal 〈…〉 Sir Christopher 〈◊〉 and Sir Christopher Nugent to joyn with them in numbering each Party on the contrary those in the House gathered themselves into a 〈◊〉 that so they could 〈…〉 however the whole number of the House 〈…〉 Two hundred thirty two where of Six were absent it was manifest that Sir John Davis had the Major Vote the Papists knowing this thourght to gain their point by a Trick and therefore whilst the Protestants were numbering without the Papists within that the Door and pretending themselves because Actually fitting in the House to be the House of 〈◊〉 they unanimously chose 〈◊〉 and 〈…〉 The Protestants being return'd 〈…〉 contemptuous Proceeding and declar'd the Election of Davis and desir'd 〈◊〉 to leave the Chair but 〈…〉 still and thereupon Sir Oliver Saint John told him that if he would not come out they should be oblig'd to pull him out and accordingly the Treasurer and Marshal did take Davis and fet him in the Chair on Everand's Lap but Everard continued obstinate and therefore the Treasurer Master of Ordnance and others did gently remove him and did place Davis in the Chair altho Sir Daniel O Brian and Sir William Bank endeavored to keep him in Hereupon all the Papists departed the House into an outward Room for the outer Door was shut by Orders of the House on their first sitting and Sir John Bleverhasset and Sergeant Beer being sent to them to desire their return to the House were answered that they would not return but would appeal to the Lord Deputy then Mr. Treasurer and Sir Henry Power went to them again and Mr. Talbot in the Name of the rest told them That those within the House were No House nor their Speaker No Speaker but that They were the House and Sir John Everard their Speaker and they would complain to the Lord Deputy and the King After this Sir John Davis began his Speech to excuse himself c. but Sir William 〈◊〉 and Sir Christopher Nugent interrupted him and rudely rushed in to call for the Keys of the outer Door and being ordered to take their Places they refused and contempruously went out again and the outer Door being opened all the Papists went out and protested they would return to the House no more On Friday after the House sat to the number of 130 whereof 14 Privy Counsellors and the Lord-Deputy sent for Mr. Marshal and the Master of the Ordnance and told them That William Talbot had been with his Lordship and receiv'd Commands that the Papists should return to the House and that Talbot had desir'd an hours time to return an Answer and that his Lordship had given time till Three in the Afternoon and therefore desir'd that the Commons would send their Sergeant at Arms to summon the Recusants to be at the House at that time but the House refused to send their Sergeant at Arms because the Recusants had appeal'd to the Deputy so they rose and met again at Three a Clock but no Papists came near them and therefore they went by themselves to the Deputy and presented their Speaker and being ask'd whether they were the greater number of the House and unanimous in the Election They answered in the Affirmative so their Speaker having made the usual Speech was approved of and then he made an excellent Discourse about Parliaments in general and This in particular and then the Commons went to their own House and adjourned to the next day In the mean time on the 19th of May the Popish Lords wrote a Letter to the King full of Complaints of the strange and preposterous Proceedings as they term'd it about the Speaker they express'd their Passions with moving Epithits stiling their Sedition Pins dolor and Justa-Iracundia they did not vouchsafe to give the Parliament that Name but called that Assembly An intended Action they also called the New Burroughs Titulâ— sine re and sigmenta sine rebus nor did they spare to reffect on the Persons of some of the new Burgesses of the new Corporations and
thousand did again besiege it and tho' Captain Vaughan with One hundred Foot and Fifty Horse did kill Forty of the Enemy and raise the Siege yet the Place being so remote could not at all times be relieved and therefore by Order of Council was demolished But the Parliament of England were desirous to manage the War of Ireland by a Committee at least till the Lord Lieutenant should go over but the King opposed that as needless because the Lord Lieutenant was just then ready for the Voyage But whether it was thought that he would not be propitious to the Cessation and Peace with the Irish which were then in design or for what other Reasons he was delay'd it is hard to determine but this is certain That tho' he was always going yet he never went And indeed the Differences between the King and the Parliament were grown to that heighth that each Side prepared for War and at length it came to a Battel at Edge-hill that very day Twelve-month on which the Irish Rebellion broke out viz. 23 October 1642. And in this Fight the Loss seem'd equal and each Party boasted of the Victory whilst both of them were thereby hindred from sending necessary Relief to Ireland and so the unfortunate English suffered every where and were destroy'd by one another in the Civil War in England and by the Common Enemy in that of Ireland However the Parliament did not totally neglect Ireland but on the Fourteenth of October sent over Mr. Robert Godwin and Mr. Robert Reynolds Husbands's Collections 2 part 249. Two Parliament-men and one Captain Tucker from the City of London to inquire into the Condition of the Army and the State of the Kingdom and to see how their Money was disposed of They brought with them Twenty thousand Pounds in Money and some Ammunition and arrived safe on the Twenty ninth of October and on the Second of November presented themselves to the State and being received with Respect were placed on a Form behind the Council and sate covered They did good Service in Ireland and particularly gave great satisfaction to the Army that Care was taken for Pay and Supplies They also made a Book which contained a Subscription of most of the Officers in the Army to take Debentures on the Forfeited Lands for a certain Proportion of their Pay as believing they would fight the better and end the War the sooner if they were interested in the Fruits of the Victory as well as in the Quarrel But the King disliked that Course because it might take up so much of the Rebels Lands that would hinder all Hopes of a peace with them which His Majesty began to have some Hopes of and therefore several Officers well enough inclined to the Proposal omitted to subscribe and some that had subscribed desired to retract So that at length these Commissioners were so sharply threatned that they delivered up the Book to be cancelled Nevertheless they promoted the March of the Army to enlarge their Quarters which afterwards produced the Battel of Ross but some of the Cavalier-party looking upon these Commissioners as Spies procured a Reprimand to the Lords Justices for suffering them to sit covered in the Council-chamber and the King 's positive Orders for their Return which was performed the Twenty seventh of February to the very great prejudice of the Affairs of Ireland and to the great disgust of the Parliament of England In the mean time the Irish under their General Preston had besieged Ballynakill and Colonel Monk with Six hundred Foot and Two Troops of Horse was sent to relieve it He marched out of Dublin the Fifth day of December and upon his approach the Enemy withdrew from the Siege and politickly marched to a Place of Advantage between the English Army and Dublin Battel of Tymachoo to intercept them in their Return But the Rebels had not so much Courage as Cunning for tho' they were Fourteen hundred Foot and Three hundred Horse yet upon the loss of about Threescore that were slain upon the first Volley they basely ran away and left the Road open for Monk to march to Dublin In like manner Sir Richard Greenvill with Two hundred Horse and One thousand Foot on the Twentieth of January marched to raise the Siege of Athloan and carry Supplies to that Garison both which he effected but in his Return he was encountred by Three thousand four hundred Foot Battel of Raconell and Six Troops of Horse at Raconell in a place of great disadvantage to him Nevertheless he had the good fortune to defeat the Rebels with the slaughter of Two hundred and fifty of their Men and to take the General Preston's eldest Son and some other Prisoners But that which rendred this Victory the more valuable was an ancient Prophecy That whoever won the Battel of Raconell should gain all Ireland therefore this Victory troubled and discouraged the Superstitious Irish exceedingly But we must return to the Lords Justices who in November 1642. transmitted to His Majesty a Petition from the Confederates by the Name of The Roman Catholicks of Ireland desiring His Majesty to appoint Commissioners to hear their Grievances And accordingly a Commission was brought over by Thomas Burk one of the first Rebels and by him confidently delivered at the Council-Board to the admiration of the State It impowered the Marquis of Ormond the Earls of Clanrickard and Roscomon Sir Maurice Eustace and others to hear and report their Complaints and in order to it the Three last went to Trim where the Lord Gormanstown Sir Lucas Dillon Sir Robert Talbot and John Walsh the Confederates Agents on the Seventeenth of March 1642. presented a Remonstrance of Grievances which one truly calls an Infamous Pamphlet and contains so much false Reasoning and Arguments ex post facto and downright Untruths as clearly manifests That the Irish first resolved to rebel and then set their Lawyers and Divines on work to fish for Arguments to justifie or at least excuse it But there was an Answer printed 1644. entitled An Answer to the false and scandalous Remonstrance of the inhuman and bloody Rebels of Ireland which sufficiently confuted all their vain Pretences and both of them being essentially necessary to this History are in substance added Appendix 5 6. But this Remonstrance met with better Fortune in the Irish Parliament which sat the Ninth of April for the English were then unluckily dividing into the Factions of Protestant and Puritan and some of the former very unwisely to back their Arguments against that Remonstrance compared it with the Scots Covenant which engendred such Heats in the House that the Parliament was prorogued to the Sixth of May 1643. However the Protestant Army did not neglect to sollicit their Affairs in England but by their Agents Sir James Mongomery Sir Hardress Waller Colonel Hill and Colonel Mervin they Addressed first to the Parliament to whom the King had committed the Care of Ireland and afterwards
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
the Sacred Communion of the Body and Blood of Christ do grant a full and plenary Indulgence and absolute Remission for all their Sins and such as in the holy time of Jubile is usual to be granted to those that devoutly visit a certain number of Priviledged Churches within and without the Walls of our City of Rome By the tenor of which present Letters for once only and no more we freely bestow the favour of this Absolution upon all and every one of them and withal desiring heartily all the Faithful in Christ now in Arms as aforesaid to be partakers of this most precious Treasure To all and every one of these foresaid Faithful Christians we grant Licence and give power to choose into themselves for this effect any fit Confessor whether a Secular Priest or a Regular of some order as likewise any other Selected Person approved of by the Ordinary of the Place who after a diligent hearing of their Confessions shall have power to liberate and absolve them from Excommunication Suspension and all other Ecclesiastical Sentences and Censures by whomsoever or for what cause soever pronounced or inflicted upon them As also from all Sins Trespasses Transgressions Crimes and Delinquences how hainous and atrocious soever they be not omitting those very enormities in the most peculiar Cases which by any whatsoever former Constitutions of Ours or of our Predecessors Popes than which we will have these to be no less valued in every point were designed to be reserved to the Ordinary or to the Apostolick See from all which the Confessor shall hereby have Power granted him to Absolve the aforesaid Catholicks at the Bar of Conscience and in that sence only And furthermore we give them Power to exchange what Vow or Vows soeever they were formerly astricted to those of Religion and Chastity excepted into any other pious and good work or works imposed or to be imposed on them and every one of them to perform in all the foresaid Cases by a wholsome Penance according to the mind and will of the Confessor Therefore by the Tenour of these present Letters and by the vertue of that holy strict obedience wherein all Christians are bound unto us we charge and command all and every one of the Reverend Brethren Archbishops Bishops and other Ecclesiastical Prelates and whatsoever Ordinaries of Places now residing in Ireland together with all Vicars Substitutes and Officials under them or these failing We command all such to whom in those places the care of Souls in incumbent that as soon as they shall have received the Copies of these our Letters they shall forthwith without any stop or delay Publish them and cause them to be Published throughout all their Churches Diocesses Provinces Countries Cities Towns Lands Villages and Places whatsoever Nevertheless We do not intend by these present Letters where any publick or secret Irregularity is made known or any Defection Apostasy Incapacity or Inability in any manner of way contracted to dispense therewith or grant to any other any power or faculty of Dispensation Rehabilitation or Restoring the Delinquent to his former condition though but at the Bar of Conscience neither can or should these our present Letters avail or be stedable to those who by us and the Apostick See or by any Prelate or Ecclesiastical Judge have been Excommunicated Suspended Interdicted or declared and publickly denounced to have justly incurred the Sentences and Censures of the Church till â—irst they have satisfied and agreed with the Parties therein concerned notwithstanding all other Constitutions and Apostolical Ordinations whereby nevertheless the faculty of Absolution in these as well as other expressed cases is so reserved to his Holiness the Pope for the time being that no kind of Jubile nor power of granting such Indulgences can in any sort avail unless express mention be made of the fault or faults in particular and the whole tenor of them fully deducted by an individual Relation from word to word and not by general Clauses importing the same thing This or some other exquisite from of the like nature being carefully Observed We in that case especially expressly and namely by the effect of these Presents do totally abolish and remit them all and every one of them their offences notwithstanding any thing to the contrary Now that these principal Letters of ours which cannot be conveniently brought to every place may the sooner come to the notice of all Our Will and Pleasure is that any whatsoever Copies or Transcripts whether Writen or Printed that are Subscribed with the Hand of a Publick Notary and which have the Seal of some Eminent Person in Ecclesiastical dignity affixed thereunto be of the same Force Power and Authority and have the like credit in every respect given unto them as would be to these our Principal Letters if they were shewn and Exhibited Dated at Rome in the Vatican or St. Peter's Palace the 25th of May 1643 and in the Twentieth Year of our Pontificat M. A. Maraldus Appendix XVI Articles of Cessation of Arms agreed upon by and between James Marquess of Ormond Lieutenant General of his Majesties Army in the Kingdom of Ireland of the one part and Donogh Viscount Muskery Sir Lucas Dillon Knight Nicholas Plunket Esquire Sir Robert Talbot Baronet Sir Richard Barnwel Baronet Torlogh O Neale Geffry Brown Ever Mac Gennis and John Walsh Esquires Authorised by his Majesties Roman-Catholick Subjects of the other part FIrst It is concluded and accorded that there be a Cessation of Arms and of all Acts of Hostility between His Majesties said Roman-Catholick Subjects who are now in Arms c. in this Kingdom and their Party and all others His Majesties good Subjects for one whole Year to begin in the Fifteenth day of September Anno. Dom. 1643 at the Hour of 12 of the said day 2. It is concluded and accorded that free Passage Entercourse Commerce and Traffick during the said Cessation shall be between His Majesties said Roman-Catholick Subjects who are now in Arms c. and their Party and all others His Majesties good Subjects and all others in League with his Majesty by Sea and Land 3. It is concluded and accorded and the said Viscount Muskery and the rest of the above named Persons do promise and undertake for and in the behalf of those for whom they are Authorized to Treat and Conclude as aforesaid That all Ships Barques and Vessels which shall bring Provisions to any Harbour in this Kingdom in the Hands or Possession of such as shall obey the Articles of this Cessation from Minehead and Whitehaven and from all the Ports between on that side where Wales is situate so as they be Ships belonging to any of the said Ports and do not use any Acts of Hostility to any of the said Roman-Catholicks who are now in Arms or to any of their Party or to any who shall be Waged or Imployed unto or by them shall not be interrupted by any of their Party nor
many and pernicious to Ireland that this Parliament should betray the trust reposed in them if they did not declare against this Cessation and use all means in time to make it abortive and therefore they desire that it may be observed and taken notice of First From whence the Counsel and Design of this Cessation ariseth even from the Rebels and Papists themselves for their own Preservation for soon after they had missed of their intent to make themselves absolute Masters of that Kingdom of Ireland by their treacherous Surprises and seeing that this Kingdom did with most Christian and Generous Resolutions undertake the Charges of the War for the Relief and Recovery of Ireland Propositions were brought over from the Rebels by the Lords Dillon and Tafe at which time they were intercepted and restrained by the Order of the House of Commons after that they had the boldness even while their Hands were still imbrued in the Protestants Blood to petition his Majesty that their demands might be heard And for this purpose they obtained a Commission to be sent over into Ireland to divers Persons of Qality whereof some were Papists to Hear Receive and Transmit to his Majesty their Demands which was done accordingly and one Master Burk a Notorious Pragmatick Irish Papist was the chief Sollicitor in this business After this the Just Revenging God giving daily success to handfuls of the Protestant Forces against their great numbers so that by a wonderful Blessing from Heaven they were in most parts put to the worst Then did they begin to set on Foot an Overture for a Cessation of Arms concerning which what going and coming hath been between the Court and the Rebels is very well known and what Meetings and Treatties have been held about it in Ireland by Warrant of his Majesties Ample Commission sent to that effect and what Reception and Countenance most Pragmatical Papists negotiating the business have found at Court and that those of the State in Dublin who had so much Religion and Honesty as to disswade the Cessation were first discountenanced and at last put out of their Places and restrained to Prison as Sir William Parsons One of the Lords Justices there Sir John Temple Master of the Rolls Sir Adam Loftus Vice-Treasurer of Ireland and Treasurer at Wars and Sir Robert Meredith one also of the Council Table Secondly The Lords and Commons desire it may be observed that during all these Passages and Negotiations the Houses of Parliament were never acquainted by the State of Ireland with the Treaty of a Cessation much less was their Advice or Counsel demanded notwithstanding that the care and managing of the War was devolved on them both by Act of Parliament and by his Majesties Commission under the Great Seal to Advise Order and Dispose of all things concerning the Government and Defence of that Kingdom But the wants of the Army were often represented and complained of whereby with much craft a ground was preparing for the Pretext wherewith now they would cover the Counsels of this Cessation as if nothing had drawn it on but the extream Wants of their Armies whereas it is evident that the Reports of such a Treaty have been in a great part the cause of their wants for thereby the Adventurers were disheartened Contributions were stopped and by the admittance to Court of the Negotiators of this Cessation their wicked Councels have had that influence as to procure the Intercepting of much Provisions which were sent for Ireland so that Ships going for Ireland with Victuals and others coming from thence with Commodities to exchange for Victuals have been taken not only by Dunkirkers having his Majesties Warrant but also by English Ships commanded by Sir John Pennington under his Majesty And moreover the Parliament Messengers sent into several Counties with the Ordinance of January last for Loans and Contributions have been taken and imprisoned their Money taken from them and not one Peny either Loan or Contribution hath been suffered to be sent for for Ireland from these Counties which were under the power of the Kings Army while in the mean time the Houses of Parliament by their Ordinances Declarations and Solicitations to the City of London and the Counties free from the terror of the Kings Forces were still procuring not contemptible Aid and Relief for the distresses of Ireland Thirdly As the Lords and Commons have reason to declare against this Plot and Design of a Cessation of Arms as being treated and carryed on without their Advice so also because of the great prejudice which will thereby redound to the Protestant Religion and the encouragement and advancement which it will give to the practice of Popery when these Rebellious Papists shall by this agreement continue and set up with more freedom their Idolatrous Worship their Popish Superstitions and Romish Abominations in all the places of their Command to the dishonouring of God the grieving of all true Protestant Hearts the disposing of the Laws of the Crown of England and to the provoking of the wrath of a Jealous God as if both Kingdoms not smarted enough already for this sin of too much conniving at and tolerating of Antichristian Idolatry under pretext of Civil Contracts and Politick Agreements Fourthly In the Fourth place they desire it may be observed that this Cessation will prove dishonourable to the Publick Faith of this Kingdom it will elude and make null the Acts and Ordinances of Parliament made for the forfeiting of the Rebels Lands at the passing of which Acts it was represented that such a course would drive the Rebels to Despair and it proves so but otherways than was meant for despairing of their Force and Courage they go about to overcome us with their Craft Fifthly and Lastly What shall become of the many Poor Exiled Protestants turned out of their Estates by this Rebellion who must now continue begging their Bread while the Rebels shall enjoy their Lands and Houses And who shall secure the rest of the Protestants that either by their own Courage Industry and great Charges have kept their Possessions or by the success of our Armies have been restored Can there be any assurance gotten from a Perfidious Enemy of a Cossation from Treachery and breach of Agreement when they shall see a fit time and opportunity These and many other considerations being well weighed it will appear evidently that this Design of a Cessacion is a deep Plot laid by the Rebels and really invented for their own Safety and falsly pretended to be for the benefit of the Armies And whereas the Lords and Commons have no certain Information that the Treaty is concluded but are informed by several Letters that all the Protestants as well Inhabitants as Soldiers in that Kingdom are resolved to withstand that proceeding and to adventure on the greatest extremities rather than have any sort of peace with that generation who have so cruelly in time of Peace Murdered many Thousands of our Countreymen
and if the Confederates be so desirous to try their innocency as they pretend they need not stay for another Parliament in Ireland but submit to that which is now in being which is an equal and just Parliament as in some of our Reasons touching that point is expressed ☞ and the offering to draw it to a new Parliament is in effect to desire that they may be their own Judges For as that Kingdom is now imbroiled and wasted the chief Delinquents or their Confederates will be so prevalent a Faction in the next Parliament that they will be able and doubtless will clear all the Popish Party how guilty soever and condemn all the Protestants how innocent soever These Answers to the high and unexpected demands of the Confederates we have framed in humble obedience to your Majesties directions but being very sensible as of the weight and great importance of the business so also of our own weakness and want of time and well knowing that some of your Majesties Privy-Counsellors Judges and Officers of that Kingdom are now in Town sent for over and here attending by your Majesties Command who by their long observationsâ— and experience of the aâ—aâ—rs and state of Ireland are better ablâ— to give your Majesty morâ— full and satisfactory answers touching the premises than we can and conceiving that the Collection in answer to the said Confederates Remonstrance which we humbly presented to your Majesty the Seventeenth of the last Month of April may in many things give your Majesty more light than these our answers do or can We humbly beseech your Majesty that the said Privy-Counsellors Judges and Officers as occasion shall require may be called upon and heard to give your Majesty the more satisfaction in these particulars and that to the same purpose the Book of the said Collections may be perused and considered of as your Majesty shall find most requisite Append. XXIV Articles of Peace made concluded accorded and agreed upon by and between his Excellency James Lord Marquess of Ormond Lord Lieutenant General and General Governour of his Majesties Kingdom of Ireland for and on the behalf of His most Excellent Majesty of the one part And Richard Lord Viscount Mountgarret Donogh Lord Viscount Muskery Sir Robert Talbot Baronet Dermot O Bryen Patrick Darcy Geffery Brown and John Dillon Esquires Appointed and Authorised for and in the behalf of His Majesties said Roman-Catholick Subjects on the other part 1. IT is concluded accorded and agreed upon by his Majesties said Commissioner for and on the behalf of His most Excellent Majesty and the said Richard Lord Viscount Mountgarret Donogh Lord Viscount Muskery Sir Robert Talbot Baronet Dermot O Bryen Patrick Darcy Geffery Brown and John Dillon Esquires on the behalf of the said Roman Catholick Subjects and his Majesty is graciously pleased that it shall be provided by Act of Parliament to be passed in the next Parliament to be held in this Kingdom That the Professors of the Roman Catholick Religion in the said Kingdom or any of them be not bound or obliged to take the Oath expressed in the Statute of Secundo Eliz. commonly called the Oath of Supremacy and that the said Oath shall not be tendred unto them and that the refusal of the said Oath shall not redound to the prejudice of them or any of them they taking the Oath of Allegiance in haec verba I A. B. do truly acknowledge confess testify and declare in my conscience before God and the World That our Sovereign Lord King CHARLES is Lawful and Rightful King of this Realm and of other His Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty and His Heirs and Successors and him and them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against His or their Crown or Dignity and do my best endeavour to disclose and make known unto His Majesty His Heirs and Successors or to the Lord Deputy or other Governour for the time being all Treasons or Trayterout Conspiracies which I shall know or hear to be intended against his Majesty or any of them and I do make this recognition and acknowledgement heartily willingly and truly upon the true faith of a Christian So help me God c. So as by the same Act it be further Provided and Enacted that if any Roman-Catholick happen to be promoted presented or advanced to any Ecclesiastical Promotion Dignity or Benifice according to the form now used in the Protestant Church of Ireland that the freedom and exemption aforesaid shall not extend to any such Roman-Catholick Or if any being a Protestant be advanced promoted or presented to any Ecclesiastical Benefice Dignity or Promotion shall afterwards happen to become a Roman-Catholick that the freedom and exemption aforesaid shall not so far extend to any such Roman-Catholick but that upon tender of the said Oath and refusal thereof he be for that cause left subject to privation of the said Benefice Dignity or Promotion according to the said Statue and it is further concluded accorded and agreed by and between the said Parties that for all matters concerning the first Proposition of the said Catholicks viz. That all Acts made against the Professors of the Roman-Catholick Faith whereby any restraint penalty mulct or incapacity may be laid upon any Roman-Catholick within the Kingdom of Ireland may be Repealed and the said Catholicks to be allowed the freedom of the Roman Catholick Religion That His Majesties said Roman-Catholick Subjects be referred to His Majesties gracious Favour and further Concessions and that no clause in these Articles shall or may hinder His Majesties said Roman-Catholick Subjects or any of them from the benefit of His Majesties further Graces and Concessions and that no use shall be made of the Papers past on this Treaty or any of them concerning the said first Proposition which may in any sort hinder the said Roman-Catholick Subjects or any of them from His Majesties further Concessions And that His Majesties said Commissioner and other chief Governour or Governours of this Kingdom for the time being shall cause whatsoever shall be further directed by His Majesty to be passed in Parliament for and on the behalf of His said Roman Catholick Subjects to be accordingly drawn into Bills and transmitted according to the usual manner to be afterwards passed as Acts in the said Parliament 2. It is further concluded accorded and agreed upon by and between the said Parties and his Majesty is graciously pleased to call a new Parliament to be held in this Kingdom on or before the last day of November next ensuing and that all matters agreed on by these Articles to be passed in Parliament shall be transmitted into England according to the usual form to be passed in the said Parliament and that the said Acts so to be agreed upon and so to be passed shall receive no alteration or diminution here or
in this present Parliament assembled is graciously pleased that it may be Enacted And be it Enacted by the King 's most Excellent Majesty the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by Authority of the same That from and after the First day of this Session of Parliament it shall and may be lawful to and for all the Professors of the Roman Catholick Religion of what degree condition or quality to have use and enjoy the free and publick exercise and profession of the said Roman Catholick Religion and of their several and respective functions therein without incurring any Mulct or Penalty whatsoever or being subject to any restraint or incapacity concerning the same any Article or Clause Sentence or Provision in the said last mentioned Acts of Parliament or in any other Act or Acts of Parliament Ordinances Law or usage to the contrary or in any wise notwithstanding And be it also further Enacted That neither the said Statutes or any other Statute Acts or Ordinances hereafter made in Your Majesties Reign or in the Reign of any of Your Highnesses most Noble Progenitors or Ancestors and now of Force in this Kingdom nor all nor any Branch Article Clause and Sentence in them or any of them contained or specified shall be of force or validity in this Realm to extend to be construed or adjudged to extend in any wise to inquiet prejudice vex or molest the Professors of the said Roman Catholick Religion in their Persons Lands Hereditaments or Goods or any thing matter or cause whatsoever touching and concerning the free and publick use exercise and enjoyings of their said Religion function and profession And be it also further Enacted and Declared by the Authority aforesaid That Your Majesties Roman Catholick Subjects in the said Realm of Ireland from the first day of this Session of Parliament shall be and be taken deemed and adjudged capable of all Offices of Trust and Advancement Places Degrees and Dignities and perferment whatsoever within your said Realm of Ireland Any Acts Statutes Vsage or Law to the contrary notwithstanding And that other Acts shall be passed in the said Parliament according to the tenour of such Agreement or Concessions as herein are expressed and that in the mean time the said Roman Catholick Subjects and every of them shall enjoy the full benefit freedom and advantage of the said Agreement and Concessions and of every of them 5. It is Accorded Granted and Agreed by the said Earl for and in the bâ—â—â—lf of His Majesty His Heirs and Successors That his Excellency the Lord Marques of Ormond Lord Lieutenant of Ireland or any other or others Authorized or to be Authorized by His Majesty shall not disturb the professors of the Roman Catholick Religion in their present possession and continuance of the profession of their said Churches Jurisdiction or any other the matters aforesaid in these Articles agreed and condescended unto by the said Earl until His Majesties pleasure be signified for confirming and publishing the Grants and Agreements hereby Articled for and Condescended unto by the said Earl 6. And the said Earl of Glamorgan doth hereby engage His Majesty's Royal Word and Publick Faith unto all and singular the professors of the said Roman Catholick Religion within the said Kingdom of Ireland for the due observance and performance of all and every the Articles Grants and Clauses therein contained and the Concessions herein mentioned to be performed to them 7. It is Accorded and Argeed That the said publick Faith of the Kingdom shall be ingaged unto the said Earl by the said Commissioners of the said Confederate Catholicks for sending Ten thousand men to serve His Majesty by order and publick Declaration of the General Assembly now sitting And that the Supream Council of the said Confederate Catholicks shall engage themselves to bring the said number of Men Armed the one half with Musquets and the other half with Pikes unto any Port within this Realm at the Election of the said Earl and at such time as he shall appoint to be by him Shipped and Transported to serve His Majesty in England Wales or Scotland under the Command of the said Earl of Glamorgan as the Lord General of the said Army which Army is to be kept together in one intire Body and all other the Officers and Commanders of the said Army are to be named by the Supream Council of the said Confederate Catholicks or by such others as the General Assembly of the said Confederate Catholicks of this Kingdom shall intrust therewith In witness whereof the Parties to these Presents have hereunto interchangeably put their Hands and Seals the 25 th day of August 1645. Glamorgan Signed Sealed and Delivered in the Presence of John Somerset Jeffery Barron Robert Barry Articles of Agreement made and concluded upon by and between the Right Honourable Edward Earl of Glamorgan and in pursuance and by vertue of His Majesty's Authority under His Signet and Royal Signature bearing Date at Oxford the Twelfth day of March in the Twentieth Year of His Reign for and on the behalf of His Most Excellent Majesty of the one part and the Right Honourable Richard Lord Viscount Mountgarret Lord President of the Supream Council of the Confederate Catholicks of Ireland Donnogh Lord Viscount Muskerry Alex. M. Donnell and Nicholas Plunket Esquires Sir Robert Talbot Baronet Dermot O Brien John Dillon Patrick Darcy and Jeffery Browne Esquires for and on the behalf of His Majesty's Roman Catholick Subjects and the Catholick Clergy of Ireland of the other part 1. THE said Earl doth Grant Conclude and Agree on the behalf of His Majesty His Heirs and Successors to and with the said Richard Lord Viscount Mountgarret Donnogh Lord Viscount Muskerry Alex. Mac Donnell and Nicholas Plunket Esquires Sir Robert Talbot Baronet Dermot O Brien John Dillon Patrick Darcy and Jeffery Browne Esquires That the Roman Catholick Clergy of the said Kingdom shall and may from henceforth for ever hold and enjoy all such Lands Tenements Tyths and Hereâ—itaments whatsoever by them respectively enjoyed within this Kingdom or by them possessed at any time since the Three and twentieth of October 1641. And all other such Lands Tenements Tyths and Hereditaments belonging to the Clergy within this Kingdom other than such as are actually enjoyed by His Majesty's Protestant Clergy 2. It is Granted Concluded and Agreed on by the said Richard Lord Viscount Mountgarret c. on the behalf of the Confederate Roman Catholicks of Ireland that Two parts in Three parts to be divided of all the said Lands Tyths and Hereditaments whatsoever mentioned in the precedent Articles shall for Three Years next ensuing the Feast of Easter which shall be in the Year of our Lord God 1646. be disposed of and converted for and to the Use of His Majesty's Forces employed or to be employed in His Service and the other Third part to the Use of the said Clergy resepectively and so the like
disposition to be renewed from Three Years to Three Years by the said Clergy during the Wars 3. It is Accorded and Agreed by the said Earl of Galmorgan for and in the behalf of His Majesty His Heirs and Successors that his Excellency the Lord Marquess of Ormond Lord Lieutenant of Ireland or any other or others Authorized or to be Authorized by His Majsty shall not disturb the Professors of the Roman Catholick Religion in their present Possession of their Churches Lands Tenements Tyths Hereditaments Jurisdiction or any other the matters aforesaid in these Articles agreed and condescended to by the said Earl until His Majesty's pleasure be signified for confirming and publishing the Grants herein Articled for and condescended unto by the said Earl 4. It is Accorded Granted and Agreed by the said Earl for and in the behalf of His Majesty His Heirs and Successors that an Act shall be Passed in the next Parliament to be held in this Kingdom acccording to the Tenour of such Agreements or Concessions as herein are expressed and that in the mean time the said Clergy shall enjoy the full benefit freedom and advantage of the said Agreements and Concessions and every of them And the said Earl of Galmorgan doth hereby engage His Majesty's Royal Word and Publick Faith unto the said Lord Viscount Mountgarret and the rest of the said Commissioners for the due Observance and Performance of all and every the Articles Agreements and Concessions herein contained and mentioned to be performed to the said Roman Catholick Clergy and every of them In Witness whereof the Parties to these Presents have hereunto interchageably put their Hands and Seals the 25 th day of August Anno Dom. 1645. Glamorgan Signed Sealed and Dilivered in the presence of Glamorgan John Summerset Jeffery Barron Robert Barry Whereas in these Articles touching the Clergy Livings the Right Honourable the Earl of Glamorgan is obliged in His Majesty's behalf to secure the Concessions in these Articles by Act of Parliament We holding that manner of securing those Grants as to the Clergy Livings to prove more difficult and prejudicial to His Majesty than by doing thereof and securing those Concessions otherwise as to the said Livings the said Earl undertaking and promising in the behalf of His Majesty His Heirs and Successors as hereby he doth undertake to settle the said Concessions and secure them to the Clergy and their respective Successors in another secure way other than by Parliament at present till a fit opportunity be offered for securing the same do agree and condescend thereunto And this Instrument by his Lordship Signed was before the perfecting thereof intended to that purpose as to the said Livings to which purpose We have mutually Signed this Endorsement And it is further intended that the Catholick Clergy shall not be interrupted by Parliament or otherwise as to the said Livings Contrary to the meaning of these Articles Glamorgan I Edward Earl of Glamorgan do Protest and Swear Faithfully to acquaint the Kings most Excellent Majesty with the proceedings of this Kingdom in Order to His Service and to the indearment of this Nation and punctual performance of what I have as Authoriseed by His Majesty obliged my self to see performed and in default not to permit the Army intrusted into my Charge to adventure it self or any considerable part thereof until Conditions from His Majesty and by His Majesty be performed Glamorgan The Defezance to the Earl of Glamorgan KNOW all Men by these Presents That whereas We the Right Honourable Richard Lord Viscount Mountgarret Donnogh Lord viscount Muskerry Alexander Mac Donnel Nicholas Plunket Esquires Sir Robert Talbot Baronet Dermot O Brien John Dillon Patrick Darcy and Jeffery Brown Esquires appointed by the Confederate Catholicks of Ireland to treat and conclude with the Right Honourable Edward Earl of Glamorgan for and in behalf of His most Excellent Majesty our dread Sovereign King Charles And having treated and concluded with the said Earl of Glamorgan as by the Articles of Agreement to which we have interchangealy set our Hands and Seals more at lage appeareth Yet it is to be understood that by the said Agreement the Right Honourable Edward Earl of Glamorgan doth no way intend to oblige His Excellent Majesty other than he himself shall please after he hath received these Ten thousand Men being a Pledge and Testimony of our Loyalty and Fidelity to His Majesty yet the said Earl of Glamorgan doth Faithfully promise upon his Word and Honour not to acquaint His most Excellent Majesty with this Defesance until his Lordship hath endeavour'd as far as in him lies to induce His Majesty to the granting of the particulars in the said Articles of Agreement but that done according to the Trust we repose in our very good Lord the Earl of Glamorgan We the said Richard Lord Viscount Mountgarret c. and every of Us for and in the behalf of the Confederate Catholicks of Ireland who have intrusted Us do discharge the said Earl of Glamorgan both in Honour and Conscience of any further ingagement to Us herein though His Majesty be not pleased to grant the said Particulars in the Articles of Agreement mentioned and this we are induced to do by the particular Trust and Confidence the said Earl of Glamorgan hath reposed in Us for the draught of the Act of Parliament inserted within the Articles of our Agreement We assuring upon our Words and Honours that it is the most moderate of Three which we brought up for the Assent of the Right Honourable the Lord Marquess of Ormond Lord Lieutenant of Ireland his Excellency and without which we cannot be satisfied and we are also induced hereunto in regard the said Earl of Glamorgan hath given us Assurance upon his Word and Honour and upon a voluntary Oath of his that he would never to any Person whatsoever discover the Defezance in the interim without our consents And in confidence thereof We have hereunto set our Hands and Seals the 26 th day of August Anno Dom. 1645. Glamorgan Signed Sealed and Delivered in the Presence of the Lord John Somerset who knew nothing of the Contents thereof F. Oliver Darcy Peter Bath Appen XXVIII His Majesties Letter about the Earl of Glamorgan's Peace Right Trusty c. We greet you well WE have seen and considered the dispatch directed from you and our Council there to our Trusty and Well-beloved Counsellor Sir Edward Nicholas one of our Privy Council of State concerning the Earl of Glamorgan's Accusation and your Proceedings thereupon and as we could not receive the one without extraordinary amazement that any mans folly and presumption could carry him to such a degree of abusing our trust how little soever so we could not but be very sensible of the great affection and zeal to our service which you have expressed in putting our honour so highly traduced into so speedy and effectual way of Vindication by the proceeding against the said Earl of Glamorgan and though we
the Observation of the English Laws in Ireland which I have already recited in the Reign of King John Hubert de Burgo or Burgh Chief Justice of England and Earl of Kent Splem Gloss 340. was made Earl of Connaught and Lord Justice of Ireland during Life and because he could not personally attend he deputed Richard de Burgo Lord Justice or Deputy to whom the King sent the following Writ March 10. 1227. for establishing the English Laws in Ireland REX dilecto sideli suo Ricardo de Burgo Justiciario suo Hiberniae Prin. 252. salutem Mandamus vobis firmiter praecipientes quatenus certo die loco faciatis venire coram vobis Archiepiscopos Episcopos Abbates Priores Comites Barones Milites libere tenentes Balivos singulorum Comitatuum coram eis publice legi faciatis Cartam Domini J. Regis Patris nostri cui Sigillum suum appensum est quam fieri fecit jurari à Magnatibus Hiberniae de Legibus Consuetudinibus Anglorum observandis in Hibernia praecipiatis eis ex parte nostra quod Leges illas ad Consuetudines in Carta praedict ' contentas de cetero firmiter teneant observent Et hoc idem per singulos Comitatus Hiberniae clamari faciatis teneri prohibentes firmiter ex parte nostra Forisfacturam nostram ne quis contra hoc Mandatum nostrum venire praesumat ' Eo excepto quod nec de Morte nec de Catallis Hibernensium occisorum nihil statuatur ex parte nostra citra quindecem dies à die Sancti Michaelis anno regni nostri duodecimo super quo respectum dedimus Magnatibus nostris Hibern ' usque ad terminum praedict Teste meipso apud Westmonast oct die Maii anno regni nostri duodecimo And at the same Time he received two Writs about the Debts due from the King to the late Lord Justice Archbishop Londres Burlace 20 21. and a third Writ to pay him an hundred Pound per annum out of the Rent of the City of Limerick and fifty Pound per ann out of the Rent of Dublin But this Justice did not continue long in the Government for his Patron Hubert de Burgh falling into the King's Displeasure both the one and the other were remov'd And Maurice Fitz-Gerald was made Lord Justice 1229. In whose Time viz. 14 Hen. 3. happened the great Case of Coparceners to decide which the King sent over by way of Writ what in the printed Statues is called Statutum Hiberniae And tho' the Lord Justice is there named Girald yet it is by Mistake for Girald Fitz-Maurice who was the Lord Justice's Father died anno 1205. And there is another Mistake in that Statute for it is said to be made 24 Regis whereas the Year 1229. could be but the fourteenth Year of his Reign Now came over Stephen the Pope's Chaplain to demand the Tenths of all Moveables to support the Holy See against the Efforts of Frederick the Emperour Hanmer 191. It was so hard a Tax in Ireland that they were fain to part with not only their Cadows and Aquavitae but also with their Chalices and Altar-Cloaths Not long after died William Earl Marshal Prince or Lord of Leinster 1231. who anno 1223 gave a new Charter to his Town of Kilkenny he was buried in the Choire of the Friers Preachers at Kilkenny and was succeeded in his Estates and Titles by his Brother Richard On the second Day of September 1232. the Lord Justice returned out of England but when he went thither or who was Deputy in his Absence non constat On the seventh of April 1233 Holingshead 27. say some but I think 1234 the English and the O Connors c. had a Battle on the Curragh of Kildare 1234. wherein Richard Earl Marshal Prince of Leinster had very foul Play from those of his own Side so that he was there mortally wounded and died in five Days after To atone for this the Lord Justice who went into England to satisfie the King in that Matter offered to build a Monastery and endow it liberally to pray for the Soul of Earl Richard Hanmer 195. And so at length by the intercession of the King and the importunate Entreaties of the Nobility Gilbert Earl Marshal and the Lord Justice were reconciled 1235. It seems the Alarm was very great on Earl Richard's Death for the King to Comfort and Quiet the Citizens of Dublin assured them by his Writ That he summon'd the Great Men of England Pryn 253. to consult about the Safety of England and Ireland and that their Determinations should be speedily communicated to them at Dublin From whence Mr. Pryn observes That the Laws and Ordinances of the King and Parliament of England did bind Ireland in those Days But it seems that about this Time the Spiritual Courts did encroach too much on the Temporal Jurisdiction 1233. and therefore the King sent over the following Writ REX Co. Lit. 141. Comitibus Baronibus Militibus liberis Hominibus omnibus aliis de Terra Hibern ' salutem Quia manifeste esse dignoscitur contra Coronam Dignitatem nostram Consuetudines Leges Regni nostri Angl ' quas bonae memoriae Dominis Johannes Rex Pater noster de communi omnium de Hibern ' consensu teneri statuit in Terra illa quod placita teneantur in curia Christianitatis de advocationibus Ecclesiarum Capellarum vel de laico feodo vel de catallis quae non sunt de Testamento vel Matrimonio vobis mandamus prohibentes quatenus hujusmodi placita in curia Christianitatis nullatenus sequi presumatis in manifestum Dignitatis Coronae nostrae prejudicium scituri pro certo quod si feceritis dedimus in Mandatis Justiciario nostro Hiberniae statutae curiae nostra in Anglia contra transgressiones hujus Mandati nostri cum justicia procedat quod nostrum est exsequatur Teste Rege 28 Octobr. Decimo oct Regni nostri c. mandatum est Justiciario Hibern per literas clausas quod predictas Literas Patentes publice legi teneri faciat In the Year 1234 died Walter Lacy Lord of Meath without Issue Male so that his great Estate was divided between his two Daughters viz. Margaret married to the Lord Theobald Verdon and Matilda married to Geofry Geneville Whilst the Lord Justice was in England the King of Connaught exhibited a grievous Complaint against John de Burgo That he had entred his Country with Forces Hanmer 195. and wasted the same with Fire and Sword humbly beseeching his Majesty to do him Justice and to bridle such rash Attempts Alledging That he was a loyal Subject and payed for his Kingdom an annual Pension Davis 123. amounting in all from his first Subjection to five thousand Marks and desired the King That he would rid him of that base
spending of their Blood in their Sovereigns Quarrel aspired to this Type of Honour in which at this Day God and my King be thanked I stand So your Lordship taking the nigher Way to the Wood by charging me with Treason would gladly trip so roundly on my Top that by shedding of my Blood and by catching my Lands into your Clutches that butt so near upon your Mannors of Kildare and Rathimghan as I dare say they are an Eye-sore unto you you might make my Master your Son a proper Gentleman A Gentleman quoth the Lord Justice thou bald Baron I tell thee the Vescies were Gentlemen before the Giraldins were Barons of Ophaly yea and before that Welsh Bankrupt thine Ancestor he meant Sir Maurice Fitz-Girald feathered his Nest in Leinster And whereas thou takest the Matter so far in Snuff I will teach thee thy Lyripups after another Fashion than to be thus malapartly cocking and billing with me that am thy Governour Wherefore albeit thy Taunts are such as might force the patientest Philosopher that is to be choakt with Choler Yet I would have thee ponder my Speech as though I delivered it in my most sober and quiet mood I say to the Face of thee and I will avow what I say unto thee That thou art a Supporter of Thieves a bolsterer of the King's Enemies an Upholder of Traytors a Murderer of Subjects a Firebrand of Dissention a rank Thief an arrant Traytor and before I eat these Words I will make thee eat a piece of my Blade The Baron bridling with might and main his Choler bare himself as cold in Countenance as the Lord Justice was hot in Words and replied in this wise My Lord I Am very glad that at length you unwrapt your self out of that Net wherein all this while you masked As for mine Ancestor whom you term a Bankrupt how Rich or how Poor he was upon his repair to Ireland I purpose not at this time to debate yet thus much I may boldly say That he came hither as a Buyer not as a Beggar he bought the Enemies Land by spending his Blood But you lurking like a Spider in his Cobweb to intrap Flies endeavour to beg Subject's Livings wrongfully by despoiling them of their Innocent Lives And whereas you charge me with malapertness in that I presume to chop Logick with you being Governour by answering your snappish Quid with a knappish Quo. I would wish you to understand now that you put me in mind of the Distinction that I as a Subject honour your Royal Authority but as a Nobleman despise your Dunghil Gentility Lastly Whereas you charge me with the odious Terms of Traitor Murtherer and the like and therewithal you wish me to resolve my self that you rest upon Reason not upon Rage if these Words proceed from your Lordship as from a Magistrate I am a Subject to be tried by order of Law and am sorry that the Governor who ought by vertue of his publick Authority to be my Judge is by reason of private Malice become mine Accuser But if you utter these Speeches as a private Person then I John Fitz-Girald Baron of Ophalie do tell thee William Vescie a singe-Sole Gentleman that I am no Traytor no Felon and that thou art the only Buttress by which the Kings Enemies are supported the mean and Instrument by which his Majesties Subjects are daily spoiled Therefore I as a Loyal Subject say Traytor to thy Teeth and that shalt thou well understand when we both shall be brought to the Rehearsal of these Matters before our Betters Howbeit during the time you bear Office I am resolv'd to give you the Mastery in Words and to suffer you like a brawling Cur to bark but when I see my time I will be sure to bite These biting Speeches passing to and fro great Factions on both sides were raised with high and mighty words and deep Oaths till in time either part appeas'd his own The Baron of Ophaly not sleeping nor slacking his Matter scudded with all haste into England where he was no sooner inshoared than Vescie after he had substituted William Hay in his room was imbarked making as hot foot after the Baron as he could The King and his Council understanding the occasion of their sudden Arrivals to the end the Truth should be brought to light appointed a set Day for the deciding of their Controversie and that each of them should speak for himself what he could Whereuon Vescie being commanded to begin spake to this effect My Dread Sovereign AS I must acknowledge my self somewhat aggrieved to be entangled in so intricate a Matter so I am glad as heart can think that so weighty a controversie is brought to the deciding of so upright an Umpire And whereas it stood with your Majesties Pleasure with the Advice of this your Honourable Council That I as unworthy should have the Government of your Realm of Ireland and during my Time your Majesties Subjects have been I may not deny it diversly annoyed for my Discharge as I said in Ireland So I avow here in England that he kneeleth here before your Highness pointing to the Baron of Ophaelie that is the Root and Crop of all these Enormities for it is well known that he beareth that stroke with the Irish as if he once but frown at them they dare not be so hardy as once to peak out of their Cabbins And whereas his Force doth greatly amaze them think you but his Countenance doth wonderfully encourage them To the furtherance of which it is apparently known and it shall be proved that he hath not only in hucker mucker by sundry Messages imboldned your Majesties Enemies to spoil your Subjects but also by his personal Presence in secret Meetings he gave them such Courage as neither the Royalty of your Highness nor the Authority of your Deputy neither the force of your Laws nor the strength of your puissant Army was able to quench the Flame of these Hurly-burlies that through his traiterous drifts were enkindled These and the like Enormities through his privy packing with Rebels being daily committed to bring me your Majesties Governour in the hatred of the People his Adherents both secretly muttered and openly exclaimed against me and my Government as though the Redress of all these Harms had wholly lain in mine hands Whereupon being in conference with such as were the Chieftains of your Realm of Ireland albeit I took it to be expedient to point with my Finger to the very Sink or Head-spring of all the Treasons that by secret Conspiracies were pretended and practised against your Majesty and your Subjects yet notwithstanding having more regard to Modesty than to the Deserts of the Baron of Ophalie I did but glance at his packing in such secret sort as none or very few of the Company could guess whom with my misty Speeches I did touch And as commonly the galled Horse doth soonest kick so this Gentleman being prickt as it should seem
November 1558. And it is observable That though she was a very zealous Papist yet the Irish were not quieter during her Reign than they were under her Brother but on the contrary their Antipathy against Englishmen and Government induced them to be as troublesome then as at other times and prevailed with Mr. Sullevan to give this severe Character of her Reign Sullevan cath hist. 81. That although the Queen was zealous to propagate the Catholick Religion yet her Ministers did not forbear to injure and abuse the Irish Quae tametsi catholicam Religionem tueri amplificare conata est ejus tamen Praefecti Conciliarii injurias Ibernis inferre non destiterunt THE REIGN OF ELIZABETH QUEEN OF England France AND IRELAND ELIZABETH 1558. the only surviving Child of Henry the Eighth succeeded her deceased Sister Queen Mary on the seventeenth day of November 1558. and in the five and twentieth year of her Age the Parliament who were all Papists then sitting she was by their common consent immediately Proclaimed Queen And though Mary and Elizabeth could not be both legitimate no more than their Father could have two Wives at once for if the first Marriage and Dispensation were not good then was Queen Mary spurious and if they were valid then was Elizabeth the Issue of an adulterous Bed yet by a rare Example of Fortune they both enjoyed Successively the Dominions of their Father and Elizabeth succeeded as Heir to Mary But nothing in History is more strange than that the Papists who had the whole Power in their hands should so peaceably accept of a Queen who according to their Doctrine and by Act of Parliament primo Mariae was a Bastard and by Report was a Protestant and not so much as make one Essay in behalf of the Queen of Scots who was a Catholick Princess and in their Opinions the right Heir But the true Reason was because they believed Elizabeth would declare her self a Catholick and also marry the King of Spain both which Matters she managed so wisely that even the King of Spain himself was deceived thereby iâ— perhaps his Dread and Hatred of the Scots the ancient Allies of France did not prevail with him to favour Elizabeth even though she should prove a Protestant rather than see the English Crown placed on the Queen of Scotland who had espoused the Interests of France and was inseparably linked to them Nevertheless it must be confessed That the Statesmen of that time whose Interests and Designs were Popish were much overseen and did not build their Conjectures upon Reasons that were any thing solid for it was Elizabeth's greatest Interest to regard her own Legitimacy and it was notorious that by marrying King Philip her Sister's Husband she must justifie by her own example the Marriage of Henry the Eighth with his Brothers Wife and by submitting to the Authority of the Pope she must at least tacitly allow his Dispensation for the Marriage of Henry the Eighth and Princess Katherine both which things would by consequence bastardize her and render her Reign and Life precarious The Papists quickly perceived their Oversight and to redeem that Error fell into a worse and refused to Crown their Sovereign whom they had but a little before unanimously Proclaimed but at length it was performed by Doctor Oglethorp Bishop of Carlisle on Sunday the twenty fifth of January 1558. Thomas Earl of Sussex was Lord Deputy of Ireland and with an Army of one thousand three hundred and sixty Foot and three hundred and twenty Horse had kept that Kingdom for some time in a more peaceable and quiet condition than usually him the Queen continued for a while and sent him Instructions written by Sir William Cecil's own hand viz. That a new Survey should be made of all Lands Spiritual and Temporal and no Leases to be made but on the best Survey Secondly Lib. C. The Leases for Customs of Ports not to be renewed without increase of Rent Thirdly Leix Offaly Irys Glanmaliry and Slewmarge to be distributed according to Act of Parliament to Tenants and their Heirs Males Fourthly The Exchequer to be regulated according to that of England and a Book about the Methods of the Exchequer Signed by the Queen and subscribed by the Officers of that Court was sent to the Deputy but not long after he was recalled and thereupon the Council elected Sir Henry Sydny Lord Deputy whose Government was something troublesom by means of Shane O Neal who took upon him the Name of O Neal and disclaimed the English Jurisdiction because by the Laws of England he could not inherit for Henry the Eighth had given the Earldom of Tyrone to Con O Neal with Remainder to his Son Matthew whom for the present he made Baron of Dungannon as hath been already related This Con had two Sons Matthew and Shane but Shane alledging that Matthew was a Bastard and the Son of a Smith of Dundalk as inded he had been reputed for fifteen years did claim the Inheritance and having murthered his Brother Matthew and imprisoned his own Father who thereupon died with grief he set up for himself and broke out into Rebellion The Lord Deputy marched to Dundalk to fortifie and defend the English Pale and sent for Shane O Neal who lay at a House of his six Mile from Dundalk to come to him thither but Shane desired to be excused and prayed that the Lord Deputy would be pleas'd to be his Gossip and that then he would come and do all that should be requisite for her Majesties Service and though this seem'd dishonourable that the Deputy should be Gossip to a Rebel before Submission yet the necessity of the Queens Affairs required it and therefore he consented and on the last day of January he and James Wingfield Christned the Child After the Solemnity was over the Deputy expostulated with Shane about his Rebellion O Neal alledged the Bastardy of Matthew and that Con's Surrender was void because he had but an Estate for Life in his Principality nor could have more by the Law of Tanistry nor could surrender but by consent of the Lords of his Country and that even by the English Laws the Letters Patens were void because there was no Inquisition taken before they were pass'd nor could there be any Inquisition till Tyrone were made Shire-ground That he was elected O Neal by the Country according to custom and that he is the legitimate Son and Heir of his Father and that his Title to all he claims is by Prescription The Deputy replied That the Matter was of great moment and that he doubted not but that the Queen would do what was right and just and therefore advised him to a quiet and loyal Deportment till her Majesties Pleasure were known and so they parted in a friendly manner and by this means Shane O Neal continued pretty quiet during this Deputy's Government but on the twenty seventh of August Thomas Earl of Sussex 1559.
Knight of the Garter came over Lord Lieutenant Lib. C. says Burlace Lord Deputy says the Statute-Book He arrived at Bullock and was sworn in Christ-Church on the thirtieth day of August His Instructions bear Date the tenth of May and are to this effect First That the Army or rather Garrison shall be three hundred twenty six Horse eight hundred sixty four Foot and three hundred Kern Secondly That Port-Corn shall be reserved towards victualling the Army Thirdly That he endeavour to People Vlster with English and to recover Lâ—cale Newry and Carlingford from the Scots and to recompence Sir Nicholas Bagnal for his Interest in Vlster Fourthly Lib. H. That Mac Cartymore be ordered to hold his Estate after the English manner as the Earls of Thomond and Clanrickard do And he had also other Instructions to him and the Council to set up the Worship of God as it is in England and to make such Statutes next Parliament as were lately made in England mutatis mutandis and to dispose of Leix and Offaly to the best Advantage of the Queen and the Country This Lord Deputy held a Parliament at Dublin on the twelfth day of January which enacted the following Laws and then was dissolved on the twelfth of February First That the ancient Jurisdiction over the State Ecclesiastical and Spiritual be restored to the Crown And Foreign Authority abolished and that the Acts of Appeals and Faculties be revived and also as much of the Act of Marriage as concerns Consanguinity And the Act of Repeal made the 3 and 4 Philip and Mary repealed And an Act of 3 and 4 Philip and Mary to revive three Statutes concerning Heresie and the three Statutes therein named be repealed except so much thereof as concerns Premunire And that the Queen and her Successors may appoint Commissioners to exercise Ecclesiastical Jurisdiction And that all Officers and Ministers Ecclesiastical or Lay all Ecclesiastical Persons and every one that has the Queen's Wages shall take the Oath of Supremacy on pain of losing his Office And shall be uncapable to take any Office Ecclesiastical or Temporal if he obstinately refuses the Oath tendered to him He that sues Livery or takes Orders must take the Oath And a Penitent upon taking the Oath shall be restored to his Office of Inheritance He that shall extol maintain or advance Foreign Jurisdiction shall for the first Offence lose his Goods and if they be not worth twenty Pound then a Years Imprisonment without Bail besides and if it be an Ecclesiastical Person shall likewise lose all his Benefices and the second Offence to be Premunire and the third High-Treason provided the Prosecution for Words be within half a Year after the speaking Nothing shall be adjudged Heresie but what has been so by the Scripture first four General Councils or some other General Council by express Words of Scripture or shall be by Act of Parliament That there must be two Witnesses And that no Man be esteemed as Accessary till two Witnesses prove he knew the guilt of the Principal before he relieved him c. Secondly An Act for Uniformity of Common-Prayer Thirdly An Act for Restitution of the First-Fruits and twentieth part of Spiritual Benefices to the Crown Fourthly An Act for consecrating Archbishops and Bishops Bramhal 438. And it is observed by Archbishop Bramhal That no Papists ever did or could make the least Objection against the Ordination of the Protestant Bishops in Ireland For besides that Archbishop Brown the first Protestant Bishop in Ireland was ordained by the Bishops of Canterbury Rochester and Salisbury and many of the Irish Bishops were ordained by Brown The very Popish Bishops did assist at the Consecration of most of the Protestant Bishops and complied with the Government and kept their Sees until they had sacrilegiously betrayed the Church and alienated most of its Possessions one Bishoprick being left so poor that it had but forty Shillings per annum Ware de Praesulibus 27. and another but five Mark Thus Loftus Archbishop of Armagh was consecrated by the Popish Archbishop Curwin Ibid. 128. 59. Thomas Lancaster the first Protestant Bishop of Kildare Ibid. 148. was consecrated by Archbishop Brown and John Merriman Ibid. 188. the first Protestant Bishop of Down and Connor was consecrated by Lancaster when Primate Bale Bishop of Ossory was consecrated by the Popish Bishops of Armagh Kildare and Down Casy Bishop of Limerick was consecrated by Archbishop Browne assisted by the Popish Bishops of Kildare Ferns and Leighlin c. Fifthly An Act of Recognition of the Queen's title Sixthly That it be Premunire to say the Queen has no Right to the Crown and Treason to write it Seventhly That the Priory of S. John of Jerusalem be united to the Crown The Parliament being dissolved the Deputy went immediately to England to give an Account thereof and by the Queen's Orders substituted Sir William Fitz Williams 1559. Lord Deputy he was sworn in Christ Church on the fifteenth of February and his Patent bears date at Westminster the eighteenth day of January 2 Eliz. In his time Shane O Neal broke out again into Rebellion Cambd. 121. and overthrew O Reyly in the Field and took Calagh O Donel Lord or Chief of Tyrconnel Prisoner together with his Wife and Children and afterwards lived with her in Adultery and kept her by Force and he seized upon O Donel's Castles Lands and Goods and in all things behaved himself as King of Vlster 1560. And about the same time Money which in King Henry the Eighth his Days was much debased was raised near to the intrinsick value and Sterling Money was stamped but it was made currant at a fourth part more than it passed for in England so that an English nine Pence was twelve Pence Irish and so it continued until the Year 1601. when her Majesty's vast Expence in Ireland forced her by the Advice of the Lord Buckhurst to mingle Brass with the Silver which was therefore called mixt Monies but the Government then was so steady that the Soldiers suffered it without Mutiny although it was of infinite Prejudice to them But to proceed Thomas Earl of Sussex came over again Lord Lieutenant 1560. I suppose in April for on the seventh of May the Queen sent him Orders to perswade the Earl of Kildare to go to England and that the Queen would lend him Money in England on his Bond and if the Earl refused then the Lord Lieunant was to shew him the Queen 's positive Commands to that effect and if he still declined the Voyage then the Lord Lieutenant was to apprehend him This Lord Lieutenant brought with him new Instructions Lib. C. 1. To build Castles in Leix and Offaly and to people those Countries by granting Estates to the Planters and their Heirs Males 2. To settle Vlster and to admit Surleboy Tenant to the Lands he claims in Fee binding him to contribute to the Publick Service
Barony of Idrone from the Cavenghs by the Judgment and Decree of the Lord Deputy and Council The Lord Deputy summoned a Parliament which accordingly met at Dublin on the seventeenth day of January 1568. 1568. The Deputy appeared in Robes of Crimson Velvet lined with Ermin and after an Eloquent Speech from the Lord Chancellor Weston in commendation of the Law and her Majesties Government the Commons departed to their House and chose Stainhurst Recorder of Dublin for their Speaker who being approved by the Deputy on the twentieth of January made his Request as is usual First For Priviledge of Parliament that the Members might come and go without Molestation Secondly for Freedom of Speech Thirdly That the Punishment of any Offender should be lest to the House all which were granted and the Houses adjourned to the next Day But the Popish Party were dissatisfied that Sir Christopher Barnwel was not chosen Speaker and therefore began to Mutiny alledging First That several Members were returned from Towns not Incorporated Secondly That certain Sheriffs and Mayors had returned themselves Thirdly That several Members were returned that were so far from being resident according to Law that they did not know the Corporations that chose them And after four days debate and many high Words the matter was referred to the Judges and they approved of the two first Objections but as to the third they said that the return of Non-residents might be Penal to the Sheriffs but did not incapacitate the Member that was returned to sit in the House But the Judges Answer being reported to the House by the Speaker did not at all please the Papists and therefore Sir Lucas Dillon who was Attorney General was sent for to the House to testifie that it was the Judges Opinion and his also that the Non-resident Members might sit in the House Hooker 120. but neither did this satisfie them On the contrary when the Speaker ordered a Bill to be read the Mutineers opposed it in a very dissorderly manner and so it rested till the two Chief-Justices the Queens Serjeant at Law Attorney-General and Solicitor came to the House the next day and affirmed their Opinions and Resolutions as already mentioned Nevertheless the Male contents who were loth to part with their Irish Captainries and exactions continued their endeavours to obstruct the Proceedings of this Parliament and opposed almost every Bill that was read especially that of repealing Poyning's Act pro hac vice and the Bill for an Impost upon Wines but this had been tolerable if their Behaviour had not been unruly and unbecoming the dignity of that great Assembly Hereupon my Author John Hooker Burgess of Athenry stood up Hooker 121. and spoke to the Bill for the impost on Wine and took an occasion to mention the great Charge the Queen was at for the Defence of the Kingdom and the Protection of the Subject and then reflected on the Rebellions and Ingratitudes of the Irish because the former occasioned that vast Expence and the latter hindred that Contribution which ought to supply it he affirmed the Queen might by her Prerogative have imposed Tonnage on Wine but it would be more pleasing to her to receive it by their Consents expressed in an Act of Parliament and concluded with a comparison of the Mutinies of the Irish against the Lord Deputy to that of the seditious Israelites against Moses The discontented Members were hereupon enraged against Hooker and behaved themselves so tumultuously that some of the Protestants found it necessary to guard him Home to Sir Peters Carews House to prevent the violence they suspected or rather perceived to be designed against him and the next day Sir Christopher Barnwell stood up in the House to speak to a Bill but he pretermitted all that was pertinent and instead of that spent his discourse in Reflections upon Hooker affirming that if Hooker's Calumnies had been uttered any where but in that House they would all have died rather than have suffered them but he was at length interrupted by the Speaker and told That if he had any cause of Complaint he should bring in his Impeachment regularly and in writing but it seems he did not think sit to do so and these Heats cooling by degrees the Parliament at length proceeded with good Success and made these following Acts. I. That in lieu of Coin and Livery and for the Queens Assistance she shall have a Subsidy of thirteen Shillings and Four-pence per Plow-land for ten Years for every Plow-land occupied or manured Cross and Clergy-Land included and a Commission to issue to ascertain Plow-lands and Dublin Cork Kingsale and all priviledged Places to be free from Subsidy for the Corporation Lands and certain Gentlemen for their Demean Lands and Coin and Livery Cartings and Carriage to be suppressed II. A limitation of places for Tanning Leather Repealed III. A Confirmation of the Attainders made by Parliament 28. Hen. 8. And of the Estates of the Patentees in the then forfeited Lands IV. That five of the best of every Tribe shall answer for all the Dammages committed by any of their Family and though this Act be since repealed yet it was a very good Law at that time V. To revive the Acts of Forestallers Servants Wages and Jeofails And so being adjourned to the twenty first day of February they then met and Enacted that Statutes concerning the good Governance of the Kingdom and the augmentation of Her Majesties Revenue may be made in this Parliament non obstante Poyning's Act. And on the twenty third of February the Parliament sat again and Enacted I. The attainder of Shane O Neal and the extinguishment of the name of O Neal and that the Queen be entituled to the Country of Tyrone and other Lands in Vlster II. An Act to make Trinity-Term shorter III. An Act to entitle Her Majesty to the Estate of Thomas Fitz Girald Knight of the Glin. IV. An Act for the Preservation of Salmon and Eeel-Fry V. An Act against laying Hemp Flax or Limed Hides in any fresh River or running Water VI. That whereas Persons have been admitted to Ecclesiastical Dignities which had neither Legitimacy Learning English Habit or English Language but were the Issue of unchast and unmarried Abbots Priors Deans Chantors and such like getting into the same Dignities by Force Symony or other undue Means therefore the chief Governor of Ireland shall for ten Years to come have the sole nomination of all Deans Archdeacons Chantors Chancellors and Treasurers of Cathedral Churches in Munster and Connaught those of Waterford Cork Limerick and Cashell excepted and no Man shall be presented unless he be of full Age and in Orders and can read and speak English and will reside VII That no Man take upon him to be Captain of a Territory without a Patent for it or use any sort of Irish Exactions on Pain of an Hundred Pound for a Lord and an Hundred Marks for a Commoner VIII That no Bill
the Eighteenth of May there was an Order of Reference to him in the Controversie between the City of Dublin and the Merchants-Strangers from whom that City demanded Three pence per Pound Custom And on the Eighteenth of July he got an Order to the Lord Willâ—ot 〈…〉 General of the Army in Ireland to surrender that Office to him He had also the King's Letter of the Sixteenth of October to the Lords Justices That the Port-â—orn and Tithes belonging to the Chief Governor should be given to his Servants And he also obtain'd his Majesty's Commission of the Seventeenth of October to levy what Forces he should think fit or find necessary and an Order of the same Date to be paid the Charge of such Journeys and Progresses as he should think fit to make And Matters being thus fitted to his mind THOMAS Viscount WENTWORTH was on the Twenty fifth day of July sworn Lord Deputy 1633. to whom the Bishop of Kilmore and two other Bishops and the Inhabitants of the County of Cavan sent a Petition Bishop Bedel's Life containing some Complaints against the Army and some Proposals for the Regulation of it which was very ill resented at that time and interpreted to be a Mutinous and Insolent Attempt and brought the Bishop of Kilmore who was supposed the Author and Promoter of it under his Excellency's Displeasure until that Prelate afterwards explain'd himself averring That he did not intend by lessening or discountenancing the Army to expose with the Publick Peace his own Neck to the Skeins of the Romish Cut-throats But the Contribution or Tax of 20000 l. per Annum to which the Country had consented for two Years was now almost expired so that it was necessary to call a Parliament wich met the Fourteenth day of July 1634. 1634. at Dublin and granted Six entire Subsidies but not without the opposition of some Papists one of which moved That the Matter concerning the Subsidies might be put off to another time and then be again considered of This Parliament also passed an Act for the Confirmation of Patents afterwards to be past on the * Dated 29 June 1634. Commission of Defective Titles and then was Prorogued to the Fourth day of November following At the same time there was also a Convocation of the Clergy and preparatory to it the Precedency of the Archbishop of Armagh before the Archbishop of Dublin was determin'd and setled by his Majesty's definitive Sentence And this Convocation to manifest their Agreement with the Church of England did receive the Thirty Nine â—â—â—â—cles of that Church into the Confession of Faith of the Church 〈◊〉 Ireland nevertheless without aâ—rogating any of the Canons of the Convocation held Anno 1615. And a New Book of Canons for the most part agreeing with that of England was then compiled for the better Government of the Church of Ireland By vertue of these Six Subsidies which amounted to above 240000 l. and were payable Half-yearly the Lord Deputy was enabled to pay a Debt of 80000 l. due from the Crown and to support the Charge of the Kingdom without any Supply of Money from England This Lord Deputy had formerly obtain'd his Majesty's Order of the Sixteenth of January 1633. for the free transportation of so many Horses and Mares out of England as he the Lord Deputy should give Licence for by which means he changed Five hundred Foot of the Army for Six hundred Horse which were extraordinary good ones his own Stables exceeding that of any former Governors And indeed generally the whole Army was neither so well paid nor so well disciplin'd in any other time as it was in his On the Twenty fourth of September 1634. the King reciting That King James had by his Commission of the Tenth of August 1603. renewed or revived the Court of Castle-chamber as himself likewise had done by his Commission of 5 October 1625. and that now some Disputes are arisen whether that Court can sit out of Term or more than twice a Week His Majesty Orders That it it may sit when and as often as the Commissioners please and that a new Commission issue to that Purpose And about this time Emerus Mac Mahon afterwards Titular Bishop of Clogher discovered to Sir George Ratcliff a Plot for a general Insurrection in Ireland and Confess'd that himself had been imploy'd for some years in foreign Courts to solicite Aid to carry on a Rebellion which it seems they thought fit to adjourn to a more proper Season But on the 14th of November the Parliament met according to the Prorogation and sate till the 14th of December and were then Prorogu'd to the 26th of January from which time they sate till the 21st day of March and then it was again Prorogu'd to the 24th day of the same Month and sate from thence to its Dissolution which was on the 18th day of April 1635. I need not mention the Acts made in these several Sessions of Parliament because they are many and are to be found at large in the Printed Book of Statutes it is enough to say That they cull'd out all the choice Statutes that were made in England since the 20th of Henry the 8th that were proper for the Kingdom of Ireland and added to them some good new Laws that were peculiar to that Countrey The Parliament being thus ended and closed with an Act of Indemnity the Lord Deputy and Council made a Progress into Conaught to inquire into his Majesties Title to several Lands in that Province and on the 11th of July at Abby-boyle to still the Jealousies and Alarms the People were under at this great Inquisition they published an Act of Council 1635. That it was not his Majesties intention to take any thing from his People that was justly theirs and therefore that those who had effectual Letters Patents should have the full benefit of them as if they were found Verbatim in the great Office then to be taken provided the Patents or the Enrolment thereof were shewn to the Council-board before Easter Term next and by it approved to be good and effectual in Law and the like was done in other Counties of Conaught and so this great Inquisition which was one of the Spring-heads and Fountains of the succeeding Rebellion was with great Diligence and Success carried on and effected and the Kings Title was found to most part of that Province and a noble English Plantation was design'd Whereupon the Patentees and particularly the Lord Dillon of Costilo produced their Patents to the Council-board and it appearing those Patents were Granted by Virtue of a Commission 4 Jac. 1. wherein there was no direction about the Tenure it grew to be a Question whether the Patents to hold by Knights Service as of the Castle of Dublin were warranted by that Commission or valid in Law and after much debate it was solemnly adjudg'd That those Patents were void And this Case is well known to the Lawyers by the
Ormond answers that Reply and the Twenty ninth of August they answer that And so after many alternate Messages and Expostulations on the First of September they began to ascertain the respective Quarters and the Irish Commissioners having on the Second of September proposed That the Limitation of Quarters should relate to the Day of Concluding the Cessation the Marquis of Ormond on the Third of September did offer a Temporary Cessation from that Day that they might be at the more leisure to manage the Treaty To which they answer the same day That the Lord Moor and Colonel Monk had invaded their Quarters and Garison'd some Undefencible Houses and Castles and if those be restor'd they are contented that both Armies may withdraw to their respective Garisons Ormond replies That he will consent to withdraw both Armies and as to the Restitution of Places it shall be considered in the Settlement of the Quarters and that many of those called Undefencible Places tho' not thought worthy of a Garison yet were for a long time absolutely in his Power and in the English Quarters and some of them not far from the Gates of Dublin and therefore not fit to be restor'd On the Fifth of September they proceeded about limiting the respective Quarters and on the Sixth of September Ormond writes to them That he heard their Forees besieged Tully a Garison Commanded by Sir George Wentworth who was imployed in procuring Necessary Provisions for him and desires the Siege might be rais'd But the Commissioners reply'd That Monk went to Wicklow the Twenty sixth of August and continues there ravaging and destroying the Country That this very Garison of Tully took away the Corn at Madingstown and therefore they could not hinder a Reprisal but if any of his Lordships Provisions be intercepted they shall be restor'd On the Seventh of September Ormond insisted on withdrawing their Forces from Tully and thereupon they sent an Order to Castlehaven to draw off his Army knowing I suppose that he had taken the Castle and propos'd a Temporary Cessation to the Marquis On the Eighth of September Ormond proposes That the Protestant Clergy and Proprietors may have a Proportion of their Estates in the Irish Quarters to support them and that where Goods were delivered in trust to any Irishman they may be restor'd On the Ninth Quarters were setled and the Preservation of Woods agreed upon but for the Clergy and Proprietors nothing could be done because the Cessation was Temporary and Sufferings of that kind they said were reciprocal On the Tenth of September the Irish Commissioners denied to continue a Cessation as to the County of Kildare unless it may be for the whole Province of Leinster which Ormond would not consent to Then they offered a Supply of Thirty thousand Pounds but on the Eleventh the Marquiss sent a Message to the Commissioners to order the Earl of Castlehaven to forbear farther Acts of Hostility since the Treaty was so near a Conclusion which they did and Ormond did the like to his Forces But it seems Castlehaven notwithstanding their publick Orders knew their private Meaning and therefore marched farther off to the Castle of Disert in the Queens County which he took after the Cessation was finished But on the Twelfth they insisted upon the Name and Title of His Majesty's most Faithful Subjects the Catholicks of Ireland and said That they used it in their immediate Addresses to the King but Ormond replied That he held it not proper at that time to be used to him On the Thirteenth they agreed That the Quarters should relate to the Day of the concluding the Cessation but the Marquis insisted That it was indecent for them to use Force in the County where His Majesty's Commission of Favour was executing and therefore required the Restitution of what they had taken in the County of Kildare since the last of August But on the Fourteenth of September this was refused on pretence that the English had incroach'd upon them in the same County by Garisoning undefensible Places but they offered the fourth Sheaf of Tully and all such Places so subdu'd or 800 l. in lieu of it The Marquis then propos'd to have the Cessation declar'd as from that time since all was agreed but the Commissioners said the Articles might be perfected by next day Noon and till then the Cessation could not be said to be made And so on the Fifteenth day of September the Cessation was concluded and the Articles and Instrument mentioned Appendix 16. were perfected and a Proclamation by the Lords Justices and Council for the Observation thereof issued accordingly bearing date at Dublin the Nineteenth day of September 1643. and Circular Letters were likewise sent by them to all Parts of the Kingdom to give Obedience thereunto But before the Marquis of Ormond would finish this Treaty he consulted all the Great Men and the Chief Commanders then with him who gave their Opinions as in the following Instrument is contained WHEREAS the Lord Marquis of Ormond hath demanded the Opinions as well of the Members appointed from the Council-board to assist his Lordship in the present Treaty as of other Persons of Honor and Command that have since the beginning thereof repaired out of several Parts of this Kingdom to his Lordship They therefore seriously considering how much His Majesty's Army here hath already suffered through want of Relief out of England though the same was often pressed and importuned by His most Gracious Majesty who hath left nothing unattempted which might conduce to their Support and Maintenance and unto what common Misery not only the Officers and Soldiers but others also His Majesty's good Subjects within this Kingdom are reduc'd And further considering how many of His Majesty's Principal Forts and Places of Strength are at this present in great distress and the imminent Danger the Kingdom is like to fall into And finding no possibility of prosecuting this War without large Supplies whereof they can apprehend no hope nor possibility in due time They far these Causes do conceive it necessary for His Majesty's Honor and Service That the said Lord Marquis assent to a Cessation of Arms for one whole Year on the Articles and Conditions this day drawn up and to be perfected by virtue of His Majesty's Commission for the Preservation of this Kingdom of Ireland Witness our Hands the Fifteenth day of September 1643. Clanrickards St. Albans Roscomon Richard Dungarvan Edward Brabazon Inchiquin Thomas Lucas James Ware Michael Ernly Foulk Hunks John Pawlet Maurice Eustace Edward Povey John Gifford Philip Persival Richard Gibson Henry Warren Alanus Cooke Advocatus Regis But the News of this Cessation met with different Entertainment according to the Interests and Inclinations of those it was carried to At the Court of England it was received with Joy and Ormond's Conduct and Fidelity magnified beyond measure It was admired that he could preserve His Majesty's Grandeur throughout the whole Treaty by not admitting the
necessities of his Army forced him to withdraw thither where he stayed to expect his Lordships farther Commands And the same day Ormond replyed That he would certainly meet him at Castledermond that day sevenight with 600 Horse and 600 Musquetiers and that he will cause Commissions to be prepared with blanks for the Names of Preston's Officers to whom he will give proof of his full confidence in them and value of their Merit and loyal Affections and for Preston himself that he should have all the Power with the Lord Lieutenant that he could desire And thus Matters stood in a fair Correspondence between his Excellency and General Preston when on the 9th of December the Marquis of Ormond accompanied with the Marquis of Clanrickard marched out of Dublin with his small Party in the nature of Guards towards the place of Rendezvous and I doubt not but the Reader is full of Expectation to find General Preston there also but alas the Scene was changed and the Case was altered for the Council and Congregation at Kilkenny had on the 24th of November declared against this new Reconciliation as Appendix 35 and the Nuncio did so influence General Preston and his Officers by alledging That the former Treaty and Engagement were not binding being concluded without the Consent of a General Assembly which only had the Cognisance of Matters of so great Importance that he prevailed with them to Apostatize from their Solemn Engagement so lately entered into and to write this bald Excuse to the Marquis of Clanrickard That his Officers were not Excommunication-Proof And on the 15th of December the Council and Congregation of the Confederates not taking any notice of any Peace or Agreement that had intervened 1646. published the following Declaration By the Council and Congregation WHEREAS the Cessation of Arms between us and the adverse Party is long since determined and for that the Enemy in Dublin is now advanced into the Field committing daily acts of * * * Though really they committed none but paid for whatever they had Hostility We therefore Declare Order and Appoint That all Generals Captains and other Officers and Soldiers whatsoever of all and every the Armies of the Confederate Catholicks of Ireland and all and every Party and Parties of them either now together in Body or in their Winter Quarters shall and may KILL and Endamage the most they or any of them may of the Enemy aforesaid and against them or any of them use and exercise all manner of acts of Hostility But General Preston by his Letter of the 19th of December from Waterford endeavoured to excuse this Apostacy and laid the fault upon his Officers and yet on the 22th of the same Month he published a Declaration in Print against the lately renewed Peace ☞ to this effect That since the Engagement made by the Marquis of Clanrickard doth not yield sufficient Security for the Free Exercise of Religion c. as by the Congregations * * Appendix 35. Annotations thereon doth appear and since a Resolution was taken not to receive any of his Forces into the Garison of Dublin according to Agreement unless these Objections may be satisfied by the Enlargement of farther Grants that may satisfy the Council and Congregation he thinks himself obliged by the Oath of Association to obey the Council Congregation and General Assembly Whereupon the Lord Lieutenant by his Letter of the 5th of January acquaints him That however things have not sorted to his Expectation or to what he understood to be Preston's Obligation yet he was far from believing that Preston had any design so unbecoming a Man of Honour as to make use of the Credit given by Ormond to his Invitation to the Lord Lieutenants Prejudice or for the Improvement of Preston's Conditions with another Party which makes him confident that a Printed Paper Entituled Preston's Declaration c. and dated but three days after the former Letter of the 19th of December being so contrary to the Expressions therein must be a Forgery at also the Reports that some of Preston's Forces are gathering together at Castledermond to interrupt his Return or destroy the remainder of his Quarters yet he desires Satisfaction from Preston's own hand in those Particulars And accordingly General Preston did by his Letter of the 15th of January own his Declaration for which he writes he had good Reasons to be imparted at a more convenient time but disowned that he had any hand in disturbing his Excellency's Quarters or interrupting his Return But that the Reader may perceive that this Perfidiousness was not unexpected I must insert a short Passage in a Letter of the Lord Lieutenants to Colonel John Humilton dated at Lucan before he knew of Preston ' s Relapse and it was thus That I may leave no means unattempted to prevent the Ruin of His Majesty's Affairs whilst I have a hand in them I have undertaken an Expedition whereunto I was invited by a considerable Party of the Irish but I confess I go rather to leave them for ever unexcusable if they should fail me than that I have any assured Confidence of Performance such are the Impressions their former Failures have left in me But because it may be thought hard that the Confederates should be judged by the Sentiments of Protestants it is therefore necessary to shew what Opinion such of the Roman Catholicks as were loyal had of their Proceedings and the Reader may find it at large in the Marquis of Clanrickard's Letter Appendix 37. But Ormond either because he considered the Poverty of the City of Dublin or that being thus a second time deceived by the Confederates he was ashamed to return hither did march his small Army into Westmeath being the Enemies Quarters and there he kept a melancholy Christmas and though he used no Hostility but paid for every thing so that the Country seemed pleased with them yet the Captain and Lieutenant of his Excellency's Guards staâ—ing behind the rest were murdered upon the Highway by some of the Irish and on Christmas Day the Lord Lieutenant wrote to the Lord Digby then intended for France as followeth I Shall beseech you to be careful of one thing which is to take Order that the Commands that shall be directed to me touching this People if any be thwart not the Grounds I have laid to my self in point of Religion for in that and in that only I shall resort to the liberty left to a Subject to Obey by Suffering and particularly that there be no Concession to the Papists to perpetuate Churches or Church-livings to them or to take Ecclesiastical Jurisdiction from us And as for other Freedoms from Penalties for thâ— Quiet Exercise of their Religion I am clear of Opinion it not only may but ought to be given them if his Majesty shall find cause to own them for any thing but Rebels However whilst Ormond continued at Trim the Lord Muskry and some others that
angry at the Sitting of the Parliament and the Courts of Justice and have overturn'd all Laws and plucked them up by the Roots should yet keep such a stir about Fundamental Laws or that they should think themselves genuine Members of Parliament which is a Court of Peace and Order who have rent asunder all Bonds of Peace Order and Humane Society can they imagine that because they will Rebel we must have no Courts of Justice will nothing satisfy them but an universal concurrence in Confusion and is it because they are guilty of so many crimes themselves that they take liberty to speak evil of all others If this be the Liberty they Fight for certainly they espouse a very bad cause however it is better than Liberty of extirpating the Protestants which is what they really aimed at But they have no reason to complain of the Protestant Members of Parliaments either of his Majesties or his Fathers time they have Repealed many Acts that were prejudicial to the Natives but never made any that were so Are not the Persons they complain to have been Indicted in the King's Bench guilty of the Crimes they are accused of Have not those Soldiers that were Jurors Free-hold in the proper Counties and are they not capable to be Jurors according to Law These Remonstrants cannot deny these things and that their Rebellion forced these Gentlemen to be Soldiers and yet they complain as if it were unjust and a grievance But the allegation that any body under Protection or the Publick Faith was tryed for his Life is not true nor can they instance one and their Protestation against the Proceedings of Parliament is frivilous and vain And their desire to have a New which they call a Free Parliament whereunto they may be chose hath infinite inconveniences in it for then these Criminals will be acquitted and manage the most weighty affairs and either exclude or outvote the Loyal Protestant Subjects which have stuck by the Crown in this time of danger But the truth is that the Rebels have Murdered and Banished so many of the Protestant Free-holders and Inhabitants of Corporations that there can be very few if any Protestants in a new Parliament at this time whereby it would happen that what Protestants are left undevoured by the Sword ☜ should be destroyed by colour of Justice pursuant to their Oath of Confederacy And as to the place Dublin wants no other convenience but that of giving opportunity to Awe or Surprize the Chief Governour and the Members of Parliament and as to the Person that Nation doth not yield a Person of more honour and fortune than the present Lord Lieutenant the Marquess of Ormond And as to Poynings Act the Repeal or Suspension of it is desired to deprive the King of the Advice of his Privy Councils of England and Ireland and if it were done perhaps they would without his Majesties Knowledge transfer the Spiritual half of his Sovereignty to the Pope and attaint his Protestant Subjects and establish their Supream Council and alter the very form of Government but to be sure they would acquit themselves and deprive his Majesty of all the Forfeitures belonging to him by their attainders and therefore it is unfit at this time by suspending that Act to make such criminous Parties their own Judges Lastly These Remonstrants who so loudly clamour against others have nevertheless violated their own Publick Faith ☜ in breach of their Articles of the Cessation by taking and detaining several Places and Estates they were to restore by that agreement and by not paying any part of 30800 l. payable by those Articles at the time stipulated and in not paying above half of it yet to the Ruine of the Army that wanted it and depended upon it Appendix VII The Substance of the Lord Macguires Examination HE Saith Burlace Appendix 2 this Examination at large That the Inhabitants of Lainster were first engaged in the Rebellion and that Mr. Roger Moor first moved it to him that the design was to maintain their Religion and recover their Estates that the Lord of Mayo was in the First Conspiracy that they sent to consult the Irish in Spain and Flanders and received assurance of their assistance that the Earl of Tyrone sent them a Message that Cardinal Richlieu had promised him Aid and they sent him word that they would rise Twelve or Fourteen days before Alhollontide that the Gentry of the Pale were very loath that any of the Irish Army should be sent to Spain and opposed what they could in both Houses and had several consultations about that and to prepare for an Insurrection and that Colonel Plunket and the rest that were to carry Four Thousand Men to Spain proposed to Seize the Castle of Dublin with those Men and consulted with the Lord Macguire about it That the Lord Gormanstown was acquainted with the Plot and consented to it that the 5 th of October was the First day appointed and because all were not then ready it was changed to the 23 d. That Owen Roe had his Agent Captain Brian O Neal to promote the Conspiracy that they were all to rise on the same day that Mr. Moor and the Lord Macguire and the Colonels Plunket and Birne were with Two Hundred Men to Seize the Castle of Dublin and Sir Philem O Neale was to Surprize Londonderry and Sir Henry O Neale was to do the like to Carigfergus and Sir Con mac genis was to Seize the Newry and all were to carry it fair to the Scots till the business should be secure That Captain Con O Neal came to Dublin with fresh assurance of assistance from Owen Roe and Cardinal Richlieu and that but Eighty of the Two Hundred were come to Dublin the 22 th and therefore they intended to defer their Attempt until the Afternoon of the next day Appendix VIII The Lord of Gormanstown's Commission By the Lords Justices and Council William Parsons John Borlase Right trusty and well-beloved We greet you well WHereas divers most disloyal and malignant Persons within this Kingdom have tratierously conspired against His Majesty his Peace Crown and Dignity and many of them in execution of their Conspiracy are traiterously assembled together In a Warlike manner and have most inhumanly made Destruction and Devastation of the Persons and Estates of divers of His Majesties good and loyal Subjects of this Kingdom and taken slain and imprisoned great Numbers of them We out of our Care and Zeal for the common good being desirous by all means to suppress the said Treasons and Traitors and to conserve the Persons and Fortunes of His Majesties loving Subjects here in Safety and to prevent the further Spoil and Devastation of His Majesties good People here do therefore hereby require and authorize you to Levy Raise and Assemble all every and any the Forces as well Footmen as Horsemen within the County of Meath giving you hereby the Command in chief of all the
Allegiance in haec verba viz. I A. B. do hereby acknowledge profess testifie and declare in my Conscience before God and the World that our Sovereign Lord King Charles is lawful and rightful King of this Realm and of other his Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty and His Heirs and Successors and Him and them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against His or Their Crown and Dignity and do my best endeavour to disclose and make known to His Majesty His Heirs and Successors or to the Lord Deputy or other His Majesties chief Governor or Governors for the time being all Treason or Traiterous Conspiracies which I shall know or hear to be intended against His Majesty or any of Them And I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God c. Nevertheless the said Lord Lieutenant doth not hereby intend that any thing in these Concessions contained shall extend or be construed to extend to the granting of Churches ☞ Church-Livings or the exercise of Jurisdiction the authority of the said Lord Lieutenant not extending so far yet the said Lord Lieutenant is authorized to give the said Roman Catholicks full assurance as hereby the said L. Lieut. doth give unto the said Rom. Catholicks full assurance that they or any of them shall not be molested in the possession which they have at present of Churches and Church-Livings or of the exercise of their respactive Jurisdictions as they now exercise the same until such time as His Majesty upon a full consideration of the desires of the said Roman Catholicks in a Free Parliament to be held in this Kingdom shall declare his further Pleasure 2. Item It is concluded accorded and agreed upon by and between the said Parties and his Majesty is further graciously pleased that a Free Parliament shall be held in this Kingdom within six months after the Date of these Articles of Peace or as soon after as Thomas Lord Viscount Dillon of Costologh Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander Mac Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewal Baronet Jeffery Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerâ—ald Fennel Esquires or the major part of them will desire the same so that by possibility it may be held and that in the mean time and until the Articles of these Presents agreed to be passed in Parliament be accordingly passed the same shall be inviolably observed as to the matters therein contained as if they were enacted in Parliament And that in case a Parliament be not called and held in this Kingdom within two years next after the Date of these Articles of Peace then his Majesties Lord Lieutenant or other his Majesties chief Governor or Governors of this Kingdom for the time being will at the request of the said Thomas Lord Viscount Dillon c. or the major part of them call a General Assembly of the Lords and Commons of this Kingdom to attend upon the said Lord Lieutenant or other his Majesties chief Governor or Governors of this Kingdom for the time being in some convenient place for the better setling of the affairs of the Kingdom And it is further concluded accorded and agreed by and between the said parties that all matters that by these Articles are agreed upon to be passed in Parliament shall be transmitted into England according to the usual form to be passed in the said Parliament and that the said Acts so agreed upon and so to be passed shall receive no disjunction or alteration here or in England Provided that nothing shall be concluded by both or either of the said Houses of Parliament which may bring prejudice to any of his Majesties Protestant Party or their Adherents or to his Majesties Roman Catholick Subjects or their Adherents other than such things as upon this Treaty are concluded to be done or such things as may be proper for the Committee of Priviledges of either or both Houses to take cognizance of as in such cases heretofore hath been accustomed and other than such matters as his Majesty will be graciously pleased to declare his further pleasure in to be passed in Parliament for the satisfaction of his Subjects and other than such things as shall be propounded to either or both Houses by his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being during the said Parliament for the advancement of his Majesties Service and the Peace of the Kingdom which clause is to admit no construction which may trench upon the Articles of Peace or any of them and that both Houses of Parliament may consider what they shall think convenient touching the Repeal or Suspension of the Statute commonly called Poyning's Act Entituled An Act That no Parliament be holden in that Land until the Acts be certified into England 3. Item It is further concluded accorded and agreed upon by and between the said Parties and his Majesty is graciously pleased That all Acts Ordinances and Orders made by both or either Houses of Parliament to the blemish dishonour or prejudice of his Majesties Roman Catholick Subjects of this Kingdom or any of them sithence the seventh of August 1641. shall be vacated and that the same and all Exemplifications and other Acts which continue the memory of them be made void by Act to be past in the next Parliament to be held in this Kingdom and that in the mean time the said Acts or Ordinances or any of them shall be no prejudice to the said Roman Catholicks or any of them 4. Item It is also concluded and agreed upon and his Majesty is likewise graciously pleased that all indictments attainders outlawries in this Kingdom and all the processes and other proceedings thereupon and all Letters Patents Grants Leases Customs Bonds Recognizances and all Records Act or Acts Office or Offices Inquisitions and all other things depending upon or taken by reason of the said Indictments Attainders or outlawries sithence the seventh day of August 1641. in prejudice of the said Catholicks their Heires Executors Administrators or Assignes or any of them or the Widows of them or any of them shall be vacated and made void in such sort as no memory shall remain thereof to the blemish dishonour or prejudice of the said Catholicks their Heirs Executors Administrators or Assignes or any of them or the Widows of them or any of them and that to be done when the said Thomas Lord Viscount Dillon c. or the major part of them shall desire the same so that by possibility it may be done and in the mean time that no such indictments attainders outlawries processes or any other proceedings thereupon or any letters patents grants leases custodiums
bonds recognizances or any Record or acts office or offices inquisitions or any other thing depending upon or by reason of the said indictments attainders or outlawries shall in any sort prejudice the said Roman Catholicks or any of them but that they and every of them shall be forthwith upon perfection of these Articles restored to their respective possessions and hereditaments respectively provided that no man shall be questioned by reason hereof for measne rates or wastes saving wilful wastes committed after the first day of May last past 5. Item It is likewise concluded accorded and agreed and his Majesty is graciously pleased that as soon as possible may be all impediments which may hinder the said Roman Catholicks to sit or vote in the next intended Parliament or to choose or to be chosen Knights and Burgesses to sit or vote there shall be removed and that before the said Parliament 6. Item It is concluded accorded and agreed upon and his Majesty is further gratiously pleased that all debts shall remain as they were upon the 23. of October 1641. Notwithstanding any disposition made or to be made by vertue or colour of any attainder outlawry fugacy or other forfeiture and that no disposition or grant made or to be made of any such debts by vertue of any attainder outlawry fugacy or other forfeiture shall be of force and this to be passed as an act in the next Parliament 7. Item It is further concluded accorded and agreed upon and his Majesty is graciously pleased that for the securing of the Estates or reputed Estates of the Lords Knights Gentlemen and Free-holders or reputed Free holders as well of Connaght and County of Clare or Country of Thomond as of the Counties of Limerick and Tipperary the same be secured by Act of Parliament according to the intent of the 25. Article of the graces granted in the fourth year of his Majesties Reign the tenor whereof for so much as concerneth the same doth ensue in these words viz. We are graciously pleased that for the Inhabitants of Connaght and Country of Thomond and County of Clare that their several Estates shall be confirmed unto them and their Heirs against us and our Heirs and Successors by Act to be passed in the next Parliament to be holden in Ireland to the end the same may never hereafter be brought into any further question by Us or Our Heirs and Successors In which Act of Parliament so to be passed you are to take care that all tenures in capite and all Rents and Services as are now düe or which ought to be answered unto us out of the said Lands and premises by any Letters Pattents past thereof since the first year of King Henry the Eight or found by any Office taken from the said first year of King Henry the Eight until the 21. of July 1645. whereby our late dear Father or any his Predecessors actually received any profit by wardship liveries primer-seisins measne rates ousterlemains or fines of alienations without License be again reserved unto Us Our Heirs and Successors and all the rest of the premises to be holden of our Castle of Athlone by Knights service according to Our said late Fathers Letters notwithstanding any tenures in capite found for Us by Office since the 21. of July 1615. and not appearing in any such Letters Patents or Offices within which Rule his Majesty is likewise graciously pleased that the said Lands in the Counties of Limerick and Tipperarie be included but to be held by such Rents and Tenures only as they were in the fourth year of his Majesties Reign provided always that the said Lords Knights Gentlemen and Freeholders of the said Province of Connaght County of Clare and Country of Thoâ—â—â—â— and Counties of Tipperarie and Limerick shall have and enjoy the full benefit of such composition and agreement which shall be made with his most Excellent Majesty for the Court of Wards Tenures Respits and issues of Homage any clause in this Article to the contrary notwithstanding and as for the Lands within the Counties of Kilkennie and Wickloe unto which his Majesty was intituled by Offices taken or found in the time of the Earl of Straffords Government in this Kingdom his Majesty is further graciously pleased that the State thereof shall be considered in the next intended Parliament where his Majesty will assent unto that which shall be just and honourable and that the like act of Limitation of his Majesties Titles for the security of the Estates of his Subjects of this Kingdom be passed in the said Parliament as was enacted in the 21. year of his late Majesty King James his Reign in England 8. Item It is further concluded accorded and agreed upon and his Majesty is further graciously pleased that all incapacities imposed upon the Natives of this Kingdom or any of them as Natives by any Act of Parliament Provisoes in Patents or otherwise be taken away by Act to be passed in the said Parliament and that they may be enabled to erect one or more Innes of Court in or near the City of Dublin or elsewhere as shall be thought fit by his Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being and in case the said Innes of Court shall be erected before the first day of the next Parliament then the same shall be in such place as his Majesties Lord Lieutenant or other cheif Governour or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon or any seven or more of them shall think fit and that such Students Natives of this Kingdom as shall be therein may take and receive the usual degrees accustomed in any Inns of Court they taking the insuing Oath viz. I. A. B. Do hereby acknowledge profess testifie and declare in my Conscience before God and the world that our Sovereign Lord King Charles is lawful and rightful King of this Realm and of other His Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty and His Heirs and Successors and Him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever which shall be made against his or their Crown and Dignity and do my best endeavour to disclose and make known to His Majesty His Heirs and Successors or to the Lord Deputy or other His Majesties Chief Governour or Governours for the time being all Treasons or Traiterous conspiracies which I shall know or hear to be intended against His Majesty or any of them and I do make this Recognition and acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God c. And his Majesty is further graciously pleased that his Majesties Roman Catholick Subjects may erect and keep free-Schools for Education of youths in this Kingdom any Law or Statute to the contrary notwithstanding and that all
since the 23d of Octob. 1641. to the date of these Articles of Peace and also to all Customs Rents Arrears of Rents Prizes Recognizances Bonds Fines Forfeitures Penalties and to all other Profits Perquisites and Dues which were due or did or should accrue to his Majesty on before or since the 23d of Octob. 1641. until the perfection of these Articles and likewise to all Measne Rates Fines of what nature soever Recognizances Judgments Executions thereupon and Penalties whatsoever and to all other Profits due to his Majesty since the said 23d of October and before until the perfection of these Articles for by reason or which lay within the survey or Cognizance of the Court of Wards and also to all Respits Issues of Homage and Fines for the same provided this shall not extend to discharge or remit any of the Kings Debts or Subsidies due before the said 23d of Octob. 1641. which were then or before levied or taken by the Sheriffs Commissioners Receivers or Collectors and not then or before accounted for or since disposed to the publick use of the said Rom. Catholick Subjects but that such persons may be brought to account for the same after full settlement in Parliament and not before unless by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them as the said L. Lieut. otherwise shall think fit Provided that such barbarous and inhumane Crimes as shall be particularized and agreed upon by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them as to the Actors and Procurers thereof be left to be tried and adjudged by such indifferent Commissioners as shall be agreed upon by the said Lord Lieutenant and the said Tho. Lord Viscount Dillon c. or any seven or more of them and that the power of the said Commissioners shall continue only for two years next ensuing the date of their Commission which Commission is to issue within six Months after the Date of these Articles Provided also that the Commissioners to be agreed on for the Trial of the said particular Crlnies to be excepted shall hear order and determine all Cases of Trust where relief may or ought in equity to be afforded against all manner of persons according to the Equity and Circumstances of every such Cases and his Majesties chief Governor or Governors and other Magistates for the time being in all his Majesties Courts of Justice and other his Majesties Officers of what condition or quality soever be bound and required to take notice of and pursue the said Act of Oblivion without pleading or suit to be made for the same and that no Clerk or other Officers do make out or write out any manner of Writs Processes Summons or other Precept for concerning or by reason of any matter cause or thing whatsoever released forgiven discharged or to be forgiven by the said act under pain of 20 l. sterling And that no Sheriff or other Officer do execute any such Writ Process Summons or Precept and that no Record Writing or Memory do remain of any Offence or Offences released or forgiven or mentioned to be forgiven by this Act and that all other clauses usually inserted in Acts of general pardon or oblivion enlarging his Majesties grace and mercy not herein particularised be inserted and comprised in the said Act when the Bill shall be drawn up with the exceptions already expressed and none other Provided always that the said Act of oblivion shall not extend to any Treason Felony or other Offence or Offences which shall be committed or done from or after the date of these Articles until the first day of the before mentioned next Parliament to be held in this Kingdom Provided also that any Act or Acts which shall be done by vertue pretence or in pursuance of these Articles of peace agreed upon or any Act or Acts which shall be done by vertue colour or pretence of the power or authority used or exercised by and amongst the Confederate Roman Catholicks after the date of the said Articles and before the said publication shall not be accounted taken or construed or to be Treason Felony or other Offence to be excepted out of the said Act of oblivion Provided likewise that the said Act of oblivion shall not extend unto any person or persons that will not obey and submit unto the peace concluded and agreed on by these Articles Provided further that the said Act of oblivion or any thing in this Article contained shall not hinder or interrupt the said Thomas Lord Viscount Dillon c. or any seven or more of them to call to an account and proceed against the Council and Congregation and the respective Supream Councels Commissioners general appointed hitherto from time to time by the Confederate Catholicks to manage their affairs or any other person or persons accomptable to an accompt for their respective receipts and disbursements since the beginning of their respective imployments under the said Confederate Catholicks or to acquit or release any arrears of Excises Customs or publick Taxes to be accounted for since the 23. of Octob. 1641. and not disposed of hitherto to the publick use but that the parties therein concerned may be called to an account for the same as aforesaid by the said Thomas Lord Viscount Dillon c. or any seven or more of them the said act or any thing therein contained to the contrary notwithstanding 19. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that an act be passed in the next Parliament prohibiting that neither the Lord Deputy or other chief Governor or Governors Lord Chancellor Lord High-Treasurer Vice-Treasurer Chancellor or any of the Barons of the Exchequer Privy-Councel or Judges of the four Courts be Farmers of his Majesties Customs within this Kingdom 20. Item It is likewise concluded accorded and agreed and his Majesty is graciously pleased that an act of Parliament pass in this Kingdom against Monopolies such as was enacted in England 21. Jacobi Regis with a further clause of repealing of all grants of Monopolies in this Kingdom and that Commissioners be agreed upon by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them to set down the rates for the Custom and Imposition to be laid on Aquavitae Wine Oile Yarn and Tobacco 21. Item It is concluded accorded and agreed and his Majesty is graciously pleased that such persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall be as soon as may be authorised by Commission under the great Seal to regulate the Court of Castle-Chamber and such Causes as shall be brought into and censured in the said Court 22. Item It is concluded accorded and agreed upon
and his Majesty is graciously pleased that two Acts lately passed in this Kingdom one prohibiting the Plowing with Horses by the Tail and the other prohibiting the burning of Oats in the Straw be repealed 23. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased for as much as upon application of Agents from this Kingdom unto his Majesty in the fourth year of his Reign and lately upon humble suit made unto his Majesty by a Committee of both Houses of the Parliament of this Kingdom order was given by his Majesty for redress of several grievances and for so many of those as are not expressed in the Articles whereof both Houses in the next ensuing Parliament shall desire the benefit of his Majesties said former directions for redress therein that the same be afforded them yet so as for prevention of inconveniences to his Majesties Service that the warning mentioned in the 24. Article of the graces in the fourth year of his Majesties Reign be so understood that the warning being left at the persons dwelling Houses be held sufficient warning and as to the 22. Article of the said graces the Process hitherto used in the Court of Wards do still continue as hitherto it hath done in that and hath been used in other English Courts but the Court of Wards being compounded for so much of the aforesaid answer as concerns warning and process shall be omitted 24. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that Maritine causes may be determined in this Kingdom without driving of Merchants or others to appeal and seek Justice elsewhere and if it shall fall out that there be cause of an appeal the party grieved is to appeal to his Majesty in the Chancery of Ireland and the sentence thereupon to be given by the deligates to be definitive and not to be questioned upon any further appeal except it be in the Parliament of this Kingdom if the Parliament shall then be sitting otherwise not this to be by Act of Parliament and until the said Parliament the Admiralty aâ—d Maritine causes shall be ordered and settled by the said Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dilion c. or any seven or more of them 25. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that his Majesties Subjects of this Kingdom be eased of all Rents and increase of Rents lately raised on the Commission of defective Titles in the Earl of Straffords Government this to be by Act of Parliament and that in the mean time the said Rents or increase of Rents shall not be written for by any process or the payment thereof in any sort procured 26. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that by Act to be passed in the next Parliament all the arrears of Interest mony which did accrue and grow due by way of debt mortagage or otherwise and yet not satisfied since the 23. of October 1641. until the perfection of these Articles shall be fully forgiven and be released and that for and during the space of three years next ensuing no more shall be taken for use or interest of mony then five pounds per centum And in cases of equity arising thro' disability occasioned by the Distempers of the times the considerations of equity to be a like unto both parties but as for mortgages contracted between his Majesties Roman Catholick Subjects and others of that party where entry hath been made by the mortgagers against Law and the condition of their mortgages and detained wrongfully by them without giving any satisfaction to the mortgages or where any such mortgagers have made profit of the lands mortgaged above country charges yet answer no rent or other consideration to the mortgagees the parties grieved respectively to be left for relief to a course of equity therein 27. Item It is further concluded accorded and agreed upon and His Majesty is further graciously pleased that immediately upon perfection of these Articles the said Thomas Lord Viscount Dillon c. shall be authorized by the said Lord Lieutenant to proceed in hear determine and execute in and throughout this Kingdom the ensuing particulars and all the matters thereupon depending and that such authority and other the authorities hereafter mentioned shall remain of force without revocation alteration or diminution until Acts of Parliament be passed according to the purport and intent of these Articles and that in case of death miscarriage disability to serve by reason of sickness or otherwise of any the said Thomas Lord Viscount Dillon c. His Majesties Lord Lieutenant or other Chief Governour or Governours of this Kingdom for the time being shall name and authorize another in the place of such as shall be so dead or shall miscarry himself or be so disabled and that the same shall be such person as shall be allowed of by the said Thomas Lord Viscount Dillon c. or any seven or more of them then living And that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to applot raise and leavy means with indifferency and equality by way of Exercise or otherwise upon all his Majesties Subjects within the said Kingdom their persons Estates and Goods towards the maintenance of such Army or Armies as shall be thought fit to continue and be in pay for his Majesties service the defence of the Kingdom and other the necessary publick charges thereof and towards the maintenance of the Forts Castles Garrisons and Towns of both or either party other than such of the said Forts Garrisons and Castles as from time to time until there shall be a settlement in Parliament shall be thought fit by his Majesties chief Governour or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them not to be maintained at the charge of the publick provided that his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being be first made acquainted with such Taxes Levies and Excises as shall be made and the manner of levying thereof and that he approve the same and to the end that such of the Protestant party as shall submit to the peace may in the several Counties where any of their Estates lieth have equality and indifferency in the Assessements and Levies that shall concern their Estates in the said several Counties It is concluded accorded and agreed upon and his Majesty is graciously pleased that in the
directions which shall issue to any such County for the applotting subdividing and levying of the said publick Assessements some of the said Protestant party shall be joyned with others of the Roman Catholick party to that purpose and for effecting that service and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to levy the arrears of all excises and other publick taxes imposed by the Confederate Roman Catholicks and yet unpaid and to call Receivers and other Accomptants of all former taxes and all publick dues to a just and strict account either by themselves or by such as they or any seven or more of them shall name or appoint and that the said Lord Lieutenant or any other chief Governour or Governours of this Kingdom for the time being shall from time to time issue Commissions to such person and persons as shall be named and appointed by the said Thomas Lord Viscount Dillon c. or any seven or more of them for letting setting and improving the Estates of all such person or persons as shall adhere to any party opposing his Majesties Authority and not submitting to the Peace and that the profits of such estates shall be converted by the said Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being to the maintenance of the Kings Army and other necessary charges until settlement by Parliament and that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to applot raise and levy means with indifferency and equality for the buying of Arms and Ammunition and for the entertaining of Frigots in such proportion as shall be thought fit by his Majesties Lord Lieutenant or other chief Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them the said Arms and Ammunition to be laid up in such Magazines and under the charge of such persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them and to be disposed of and the said Frigots to be imployed for his Majesties service and the publick use and benefit of this Kingdom of Ireland and that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to applot raise and levy means with indifferency and equality by way of Excise or otherwise in the several Cities Corporate Towns Counties and part of the Counties now within the Quarters and only upon the Estates of the said Confederate Roman Catholicks all such sum and sums of mony as shall appear to the said Thomas Lord Viscount Dillon c. or any seven or more of them to be really due for and in the discharge of the publick ingagements of the said Confederate Catholicks incurred or grown due before the conconclusion of these Artieles and that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall be authorized to appoint Receivers Collectors and all other Officers for such monies as shall be assessed taxed or applotted in pursuance of the authorities mentioned in this Article and for the Arrears of all former applotments Taxes and other publick dues yet unpaid and that the said Thomas Lord Viscount Dillon c. or any seven or more of them in case of refractoriness or delinquency may distrain and imprison and cause such Delinquents to be distrained and imprisoned And the said Thomas Lord Viscount Dillon c. or any seven or more of them make perfect books of all such monies as shall be applotted raised or levied out of which books they are to make several and respective abstracts to be delivered under their hands or the hands of any seven or more of them to the several and respective Collectors which shall be appointed to levy and receive the same And that a duplicate of the said books under the hands of the said Thomas Lord Viscount Dillon c. or any seven or more of them be delivered unto his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being whereby a perfect account may be given and that the said Thomas Lord Viscount Dillon c. or any seven or more of therâ—s shall have power to call the Councel and Congregation and the respective supream Councels and Commissioners General appointed hitherto from time to time by the said Confederate Roman Catholicks to manage their publick affairs and all other persons accountable to an account for all their Receipts and Disbursments since the beginning of their respective imployments under the Confederate Roman Catholicks 28. Item It is concluded accorded and agreed by and between the said parties and his Majesty is graciously pleased that for the preservation of the peace and tranquility of the Kingdom the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall for the present agree upon such persons who are to be authorized by Commission under the great Seal to be Commissioners of the Peace Oyer and Terminer Assises and Goal Delivery in and throughout the Kingdom to continue during pleasure with such power as Justices of the Peace Oyer and Terminer Assizes and Goal delivery in former time of Peace have usually had which is not to extend unto any crime or offence committed before the first of May last past and to be qualified with power to hear and determine all civil causes coming before them not exceeding ten pounds Provided that they shall not intermeddle with Titles of Lands provided likewise the authority of such Commissioners shall not extend to question any person or persons for any Shipping Cattle or Goods heretofore taken by either party from the other or other injuries done contrary to the Articles of Cessation concluded by and with the said Roman Catholick party in or since May last but that the same shall be determined by such indifferent persons as the Lord Lieutenant by the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them shall think fit to the end that speedy and equal Justice may be done to all parties grieved And the said Commissioners are to make their Estreats as accustomed of peace and shall take the ensuing Oath viz. You shall swear that as Justice of the Peace Oyer and Terminer Assizes and Goal delivery in the Counties of A. B. in all Articles of the Commission to you directed You shall do equal right to the Poor and to the Rich after your Cunning and Wit and Power and after the Laws and Customs of the Realm and in pursuance of these Articles and you shall not be of Councel of any quarrel hanging before you and the Issues Fines and Amercements which shall happen to be made and all
Forfeitures which shall happen before you you shall cause to be entred without any concealment or imbezling and send to the Court of Exchequer or to such other place as his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom shall appoint until there may be access unto the said Court of Exchequer You shall not let for gift or other cause but well and truly you shall do your office of Justice of the Peace Oyer and Terminer Assizes and Goal delivery in that behalf and that you take nothing for your office of Justice of the Peace Oyer and Terminer Assizes and Goal delivery to be done but of the King and Fees accustomed and you shall not direct or cause to be directed any Warrant by you to be made to the parties but you shall direct them to the Sheriffs and Bayliffs of the said Counties respectively or other the Kings Officers or Ministers or other indifferent persons to do execution thereof so help me God c. And that as well in the said Commission as in all other Commissions and Authorities to be issued in pursuance of the present Articles this clause shall be incerted viz. That all Officers Civil and Martial shall be required to be aiding and assisting and obedient unto the said Commissioners and other persons to be authorised as abovesaid in the execution of their respective powers 29. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that his Majesties Roman Catholick Subjects do continue the possession of such of his Majesties Cities Garrisons Towns Forts and Castles which are within their now Quarters until settlement by Parliament and to be commanded ruled and governed in cheif upon occasion of necessity as to the Martial and Military affairs lindx by such as his Majesty or his cheif Governour or Governors of this Kingdom for the time being shall appoint and the said appointment to be by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them and his Majesties cheif Governor or Governors is to issue Commissions accordingly to such persons as shall be so named and appointed as aforesaid for the executing of such Command Rule or Government to continue until all the particulars in these present Articles agreed on to pass in Parliament shall be accordingly passed only in case of death or misbehaviour such other person or persons to be appointed for the said Command Rule and Government to be named and appointed in the place or places of him or them who shall so dye or misbehave themselves as the cheif Governor or Governors for the time being by the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them shall think fit and to be continued until a settlement in Parliament as aforesaid 30. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that all Customs and Tenths of Prizes belonging to his Majesty which from the perfection of these Articles shall fall due within this Kingdom shall he paid unto his Majesties Receipt or until recourse may be had thereunto in the ordinary legal way unto such person or persons and in such place or places and under such Controuls as the Lord Lieutenant shall appoint to be disposed of in order to the defence and safety of the Kingdom and the defraying of other the necessary publick charges thereof for the ease of the Subjects in other their Levies Charges and Applotments And that all and every person or persons who are at present intrusted and employed by the said Roman Catholicks in the Entries Receipts Collections or otherwise concerning the said Customs and Tenths of Prizes do continue their respective employments in the same until full settlement in Parliament accountable to his Majesties Receipts or until recourse may be had thereunto as the said Lord Lieutenant shall appoint as aforesaid other than to such and so many of them as to the chief Governor or Governors for the time being by and with the advice and consent of the said Tho. Lord Viscount Dillon c. or any seven or more of them shall be thought fit to be altered and then and in such case or in case of death fraud or mis-behaviour or other alteration of any such person or persons than such other person or persons to be employed therein as shall be thought fit by the chief Governor or Governors for the time being by and with the advice and consent of the said Tho. Lord Visc Dillon c. or any seven or more of them And when it shall appear that any person or persons who shall be found faithful to his Majesty hath right to any of the Offices or Places about the said Customs whereunto he or they may not be admitted until settlement in Parliament as aforesaid that a reasonable compensation shall be afforded to such person or persons for the same 31. Item As for and concerning his Majesties Rents payable at Easter next and from thenceforth to grow due until a settlement in Parliament it is concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that the said Rents be not written for or levied until a full settlement in Parliament and in due time upon application to be made to the said Lord Lieutenant or other chief Governor or Governors of this Kingdom by the said Tho. Lord Viscount Dillon c. or any seven or more of them for remittal of those Rents the said Lord Lieutenant or any other chief Governor or Governors of this Kingdom for the time being shall intimate their desires and the reason thereof to his Majesty who upon consideration of the present condition of this Kingdom will declare his gracious pleasure therein as shall be just and honourable and satisfactory to the reasonable desires of his Subjects 32. Item It is concluded accorded and agreed by and between the said parties and his Majesty is graciously pleased that the Commissioners of Oyer and Terminer and Gaol delivery to be named as aforesaid shall have power to hear and determine all Murders Man-slaughters Rapes Stealths Burning of Houses and Corn in Rick or Stack Robberies Burglaries Forcible Entries Detainers of Possessions and other Offences committed or done and to be committed and done since the first day of May last past until the first day of the next Parliament these present Articles or any thing therein contained to the contrary notwithstanding Provided that the Authority of the said Commissioners shall not extend to question any person or persons for doing or committing any Act whatsoever before the conclusion of this Treaty by vertue or colour of any warrant or direction from those in publick Authority among the confederate Roman Catholick nor unto any Act which shall be done after the