Orrery Charles Earl of Montrath were appointed Lords Justices And the Lord Chancellor and Earl of Montrath were sworn on the 31 st day of December 1660. as the Earl of Orrery also was on the 17 th of January following Their Instructions were very short and to this effect 1. To read their Commission and Swear those Named for Privy-Councellors 2. To appoint Sheriffs and Justices of Peace by Advice of the Council and to Open the Courts of Justice 3. To promote Peace and Quietness as well in the Army as elsewhere and to hinder any Prejudice to His Majesty 4. To do what they could to encrease the Revenue and advance the Publick Service 5. To prepare such Bills as shall be thought by them and the Council to be for the good of the People and to transmit them to England pursuant to Poyning's Law in order to a Parliament 6. To reduce the King's Concessions to the Commissioners of the General Convention of Ireland into Bills to Pass next Parliament 7. To send over Names of fit Commissioners to Execute His Majesties Declaration for the Settlement of that Kingdom Lastly To cause the Oaths of Allegiance and Supremacy to be taken by all His Majesties Leige-Subjects of that Kingdom and to proceed according to Law against those that refuse And on the 27 th of January 1660. Dr. Michael Boyle now Lord Primate of all Ireland and Eleven others were Consecrated Bishops in St. Patrick's Church in Dublin with great Ceremony and Formality which I the rather mention because so numerous an Ordination of Bishops in one Day hath rarely if ever been heard of either before or since On the 8 th of May a Parliament was Summoned and Dr. Bramhall Arch-Bishop of Armagh was Speaker of the House of Lords as Sir Audley Mervin was of the House of Commons This Parliament as a Testimony of their Gratitude and Affection to the Duke of Ormond did present his Grace with a Gift of 30000 l. and when the Lords-Justices and Council understood that His Majesty on the 4 th of October 1661. had appointed the Duke of Ormond to be Lord Lieutenant of Ireland they ordered all publick Expressions of Joy to be made in Dublin upon that happy Occasion On January the 14 th 1661. the Lord Chancellor and Earl of Orrery were Sworn Lords Justices on the Death of the Earl of Montrath which happened the 18 th of October And on the 30 th of April 1662 they Published an Indulgence to Dissenters and continued in the Government until the 28 th of July 1662. at which time James Duke of Ormond was sworn Lord Lieutenant But the Session of Parliament begun the 17 th of April and on the 15 th of September the Bill of Settlement passed into an Act in the Parliament of Ireland by which Act and the rest of the Statutes passed that Parliament the King received more profit than all his Predecessors ever got out of that Kingdom This Bill had been exposed to the View and Scrutiny of the Irish and their Council for six Months together and altho they do so very confidently Clamour that they were never heard yet all that they could say was heard and debated even with Favour to them they had Agents there to whom they allowed three Pence per Acre for that purpose and every word in the Bill was Expung'd to which they had any just Exceptionl and at length the matter was determined by the King and Council and the following Order was made At the COURT at WHITE-HALL The 14th of March 1661. Present The Kings Most Excellent Majesty His R. H. the Duke of York Lord Chancellor Lord Privy-Seal Lord Duke of Ormond Lord Marquiss of Dorchester Lord Chamberlin Earl of Northumberland Earl of Norwich Earl of St. Alban Earl of Anglesey Earl of Carlisle Lord Seymore Lord Hatton Lord Holles Lord Ashley Mr. Trear Mr. Comptroller Mr. Vice-Chamberlain Mr. Secretary Nicholas Mr. Secretary Morrice THis day Mr. Sollicitor General making Report to His Majesty in Council from the Committee of this Board for the Affairs of Ireland upon Consideration of several Papers presented to the Board by Sir Nicholas Pluncket in the behalf of some of the Roman Catholicks of Ireland concerned in His Majesties Declaration according to an Order of the 12 th of this Instant That after the Committee had debated the said Papers the Commissioners from the Council and the Parliament of Ireland were called in and heard and presented to the Committee several Papers See them Appendix 40. viz. Instructions given by the Supreme Council and others of the Lords Spiritual and Temporal and the Commons of the Confederate Catholicks of Ireland to be observed by the Bp. of Fearnes and Nicholas Plunket Esq in the Court of Rome bearing date the 18 th of January 1647. and a Draught of Instructions to France and Spain and a Copy of the Excommunication Published at James-Town and that all the said Papers being read and the said Commissioners being withdrawn and the Committee then calling in the said Sir Nicholas Plunket and asking him whether the Signature of the Instructions to Rome by Command of the General Assembly were his Hand-writing and whether the Draught of the Instructions to France and Spain were his Writing also He acknowledged in the Presence of the Committee that they were and that hereupon it was the humble Opinion of the Committe that the Bill for the Common Settlement of that Kingdom should not be retarded but proceeded upon with all possible Expedition It was upon consideration of the said Report Ordered that in regard the said Romish Catholicks have been already several times fully heard at this Board as to the said Bill of Settlement no more Petitions or further Addresses be required or admitted from them for obstructing the same but the engrossing thereof be proceeded upon without any further delay according as the same is already prepà red and also that Mr. Sollicitor General do send all the Provisoes already allowed of by the said Committee to be likewise Engrossed And it is further Ordered That the Clerk of the Council attending do not only signify His Majesties Pleasure unto the said Sir Nicholas Pluncket that he do for bear coming into or appearing in His Majesties Presence or Court but also give Notice of this Order to the Committees imployed from the said Council and Parliament to be by them transmitted into Ireland Copia Vera Edw. Walker The Act of Settlement thus past there was a Court of Claims erected to adjudge Qualifications of Innocency and Nocency The Period for this Purpose was in Favour of the Nominees who were to attend till Innocents were first restored and by consent of the Irish Agents appointed by the Kings Declaration to be the 2 d of May 1661. but the Irish Parliament enlarged the time to the first of August 1662. and afterwards prolong'd it father to the 22 d of July 1663. And so the Commissioners viz. Sir Richard Rainsford Sir Thomas Beverly
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
agreed by and between the said Parties and his Majesty is graciously pleased that for the preservation of the Peace and Tranquility of the Kingdom That the said Lord Lieutenant and the said Lord Viscount Mountgarret c. or any Five or more of them shall for the present agree upon such persons who are to be authorised by Commission under the great Seal to be Commissioners of the Peace Oyer and Terminer and Goal delivery in the several Counties and parts of Counties within the now Quarters of the Confederate Catholicks with such power as Justices of the Peace Oyer and Teminer and Goal delivery in former times of Peace have usually had which is not to extend unto any Crime or Offence committed before the Fifteenth of September 1643. And to be qualified with Power to Hear and Determine all Civil Causes coming before them not exceeding Ten Pounds provided that they shall not intermeddle with Titles of Lands provided likewise the authority of such Commissioners shall not extend to question any Person or Persons for any Cattle or Goods heretofore taken by either Party from the other contrary to the Articles of Cessations but that the same shall be left to be determined in such way as by these Articles is already prescribed which Commissioners are to continue till settlement by Parliament Si tam diu se bene gesserint and if any who shall be so intrusted shall misbehave himself in the execution of such trust within that time that then such other person or persons shall be appointed in his or their place as shall be agreed on by His Majesties Chief Governour or Governors for the time being by the Advice and Consent of the said Persons so to be intrusted or any Five or more of them and the said Commissioners are to make their Estreats as accustomed in time of Peace and shall take the ensuing Oath Viz. You shall Swear that as Justice of the Peace Oyer and Terminer and Goal delivery in the Counties of A. B. C. in all Articles of the Kings Commission to you directed you shall do equal right to the Poor and to the Rich after your Cunning Wit and Power and after the Laws and Customs of the Realm and in pursuance of these Articles and you shall not be of Council of any Quarrel hanging before you and the Issues Fines and Amerciaments which shall happen to be made and all Forfeitures which shall happen before you you shall cause to be entred without any concealment or imbezeling and truly send to the Kings Exchequer You shall not let for gift or other cause but well and truly you shall do your Office of Justice of the Peace Oyer and Terminer and Gaol delivery in that behalf and that you take nothing for your Office of Justice of the Peace Oyer and Terminer and Gaol delivery to be done but of the King and Fees accustomed And you shall not direct or cause to be directed any Warrant by you to be made to the Parties but you shall direct them to the Sheriffs and Bayliffs of the said Counties respectively or other the King's Officers or Ministers or other indifferent Persons to do Execution thereof So help you God And that as well in the said Commission as in all other Commissions and Authorities to be issued in pursuance of 〈◊〉 Articles this Clause shall be inserted viz. That all 〈…〉 and Marshal shall be required to be â—iding and assisting 〈…〉 the said Commissioners and other persons to be Authoriâ—â—◠〈…〉 the execution of their respective Powers 27. It is further concluded accorded and agreed by and between the said Parties and his Majesty is further graciously pleased That none of the now Roman Catholick Party shall from henceforth untill there be a Settlement by Parliament Sue Implead or Arrest or be sued Impleaded 〈…〉 in any Court Place Judicature or Tribunal or before 〈…〉 Justice or Commissioner whatsoever other than 〈…〉 Commissioners aforesaid or in the several Corporations or other Judicatures within the now Quarters of the said Confederate Catholicks as hath or have Power derived from his Majesty 28. It is further concluded accorded and agreed by and between the said Parties and his Majesty is further graciously pleased that his Majesties Confederate Catholick Subjects do continue the possession of such of His Majesties Cities Garrisons Towns Forts and Castles which are within their now Quarters until settlement by Parliament and to be Commanded Ruled and Governed in chief by such as his Majesty or his chief Governor or Governors of this Kingdom for the time being shall Appoint and his Majesty his chief Governor or Governors of this Kingdom as aforesaid is to issue Commissions and appoint such Person and Persons as shall be named by his Majesties chief Governour of Governours for the time being by and with the Advice and Consent of the said Lord Viscount Mountgarret c. or any Five or more of them for the execution of such Command Rule or Government to continue until all the particulars in these present Articles agreed on to pass in Parliament shall be accordingly passed only in case of Death or Misbehaviour such other Person or Persons to be appointed for the said Command Rule and Government to be named and appointed in the place or places of him or them who shall so die or misbehave themselves as the chief Governor or Governors for the time being by the advice and consent of the said Lord Viscount Mountgarret and the rest of the above mentioned Parties to be authorised as aforesaid or any Five or more of them shall think fit and to be continued until settlement in Parliament as aforesaid 29. It is further concluded accorded and agreed by and between the said Parties and his Majesty is further graciously pleased that all Customs belonging to his Majesty which from the perfection of these present Articles shall fall due within this Kingdom shall be payed into his Majesties Receit and to his use any Request Clause or Demand in the Act of Oblivion or in any other former Propositions to the contrary notwithstanding Provided thet alliance very Person and Persons who are at the present intrusted within the now Quarters of the Confederate Catholicks by them the said Confederate Catholicks in the Entries Receits Collections or otherwise concerning the said Customs do continue their respective Imployments in the same until full settlement in Parliament other than as to such and so many of them as to the chief Governor or Governors for the time being by the advice and consent of the said Lord Viscount Mountgarret and the other Persons to be authorised as aforesaid or any Five or more of them shall be thought fit to be altered And then in such case or in case of Death or Misbehaviour or other alteration of any such Person or Persons such other Person or Persons to be imployed as shall be thought fit by the chief Governor or Governors for the time being by and with the advice and consent of
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
Delinquency or Free quarter or any other Forces than those continued in the establishment and none to have command but in one capacity and to serve in the head of that Command otherwise not to be in Command And in the said establishment considering the necessity the Kingdom is reduced unto the Burthen of general Officers or other burthens that may be spared or not found necessary to be put by and the Kingdom at present eased thereof IV. That on the composure of that Army and on Garrisoning of places necessary to be Garrisoned exact wariness be used that none against whom just exception may be taken or who by any probability considering all circumstances cannot be so well confided in as others of this Nation be either of the number whereof those established Forces shall consist or be put or continued in Garrison V. That several places are Garrison'd without the consent or concurrence of the Commissioners of Trust It is proposed that the Forces placed in such Garrisons be forthwith removed and withdrawn and not Garrison'd but by consent of the Commissioners of Trust and that none be placed in such Garrisons but such as the Commissioners of Trust will consent to be placed therein And for particular instance of this grievance the Castle of Clare Clonraud Ballingary and Bunratty are instanced and what else are of that nature the Commissioners of Trust are to represent and instance forthwith and see redress afforded therein to the peoples satisfaction if any such be of that nature VI. That it is a great cause of jealousie and mistrust among the people that where Catholicks were settled or understood to be settled in some of the greatest employments of Trust in the Army they have been notwithstanding removed and put by for avoiding of those causes and grounds of mistrust the Catholicks so settled or understood to be setled in such employments are desired to be forthwith restored VII That for satisfaction of the people who in the many disorders of these times see no face of Justice exercised among them a Judicature be erected according to the Articles of peace wherein all Causes without limit between party and party may be heard and determined and that Judges of Assize go Circuits twice each year at least and over and besides this that some persons as Justices of Peace in Quarter Sessions or otherwise be entrusted in each County to whom the Inhabitants of each such County may have their applications for redress against oppressions and extortions hapning within that County and for Debts and other complaints not exceeding Ten pounds This will free your Excellency from the trouble of those multitudes of complaints that come before you for want of other Judicatures and will leave your Lordship the time entire to be disposed in the consults of the State affairs for the better management of the War and other the great affairs that may concern the better Government of the Kingdom these being of so high a nature and so much tending to the peoples preservation as no other matter or causes should be interposed that might give any interruption thereto VIII That to the very great grievance and dissatisfaction of the people the Receiver general hath failed to clear his Accompts concerning the vast sums of Mony levyed from the people since the 17th of Jan. 1648. though the same hath been long expected and the grievances from the Agents of Counties long foreslowed in expectation of those Accompts It is proposed that some of the Commissioners of Trust and some other select persons may be forthwith now named to be authorized and entrusted to take the said Accompts and to that purpose the persons so to be entrusted to be authorized to call before them the said Receiver General the Commissary of the Victuals and their Deputies and all Receivers whatsoever intrusted in the several Counties as they shall see cause and will find it necessary and to take examinations on Oath and to do all matters that may tend to the clearing of those Accompts whereby on the close of such Accompts due satisfaction may be given to the people in the knowledge of the right disposal thereof or the Parties failing in such accompts due punishment to be inflicted on them and their persons goods and Estates seized on and secured for satisfaction of the People that they be answerable for what they shall appear to be owing to be applyed to the publick service And for avoiding all jealousies and mistrusts for the future in the disposal of any of the publick monies so far and for what any publick Treasury shall be necessary all Sums and Payments be made with the allowance consent and concurrence of the Commissioners of Trust und not otherwise and no persons to intermeddle hereafter in the receipts of Publick dues that shall fail in the accompts for the time past IX That the Oppressions and Extortions of any of the Officers or others of the Army hitherto hapned and any Miscarriages in the Designs of the Army either in Field-Service or the render of Castles or Towns to the Enemy may be forthwith strictly examined and punished by the Lord-Lieutenant assisted by a Privy-Council now to be chosen and by a Council of War now to be named And that for the better Government of the Army and for the Officers and others of the Army their due information how to demean themselves hereafter and for the Peoples Satisfaction also there be Rules and Orders of War drawn printed and published that may tend to the remedying in the future of such Grievances as formerly have hapned for want thereof And for the Times past what Oppressions or Extortions have hapned in any County the same to be represented from such Counties to his Excellency and such Privy-Council as shall be now named upon which Representation his Excellency and the said Council are to afford the best redress they may in the Grievances so to be represented for the Peoples Satisfaction and Redress and this to be intimated to the several Counties timely that they may prepare their said Grievances X. That all Custodiums or other Acts or Orders done or granted whereby any the Publick Revenue hath any way been diminished be recalled by his Excellency on the Instance of the Commissioners of Trust and the private Persons profiting thereby to the prejudice of the Publick to accompt at full notwithstanding such Orders or Custodiums whereby the Publick Profit thereby to accrue may admit no diminution XI That no Imposition or Charge be imposed on the People by Applotment Free-quarter or otherwise but by the Commissioners of Trust or with their Allowance according to the Articles of Peace and none to have freedom in Applotments but all to pay with equality and all Applotments or Impositions heretofore since the 17th of January 1648 imposed on the People without the Consent of the Commissioners of Trust be put by and due satisfaction given to the People where such Burdens have been imposed Forasmuch as it
16 of January came to Cahir to Commissioners appointed for that purpose and there he renewed his Oath of Allegiance and delivered his Son Girald to be Hostage of his Loyalty and to be bred after the English manner and by Indenture he renounced that fantastical Privilege which he and his Predecessors had for a long time claimed of not being obliged to appear at the Parliament Lib. D. or come within any walled Town but at their own Pleasure and by the same Indenture did utterly deny and promise to forsake the Bishop of Rome's usurped Primacy and Authority and Covenanted that he would with all his Power resist and repress the same and all that should by any means use or maintain it and that he would contribute and pay his share of Taxes granted by Parliament as the Earl of Ormond and other Noblemen do And afterwards he did come to Dublin and made his Submission in a set Form of Words before the Lord Deputy and Council And it seems that about the same time Hugh Burk made his Submission Ibid. and by Indenture Covenanted to pay the King forty pound per annum for the Captainry of the Burks Country and an hundred Mark upon every Succession of Captainry and to find eighty Gallowglasses and forty Horsemen for six weeks every Hosting and his whole Force for three days whenever the Lord Deputy comes into the Country and also to give Bonnagh or Maintenance for eighty Gallowglasses for six Weeks every year and this Example was followed by many others varying the Proportions of every mans Contribution according to their respective Circumstances And about the same time Lib. 6. was Coyned that Piece of Money Ware 159. which they call King Harry's Groat and two-penny Pieces and Pence of the same Stamp and on the nineteenth of November they were made currant by Proclamation and the carrying them to England was prohibited under severe Penalties The Lord Deputy in the latter end of May went to Limerick 154◠to confer with O Brian about his Submission which I suppose was there performed and soon after he returned to Dublin to meet the Parliament which was summoned to sit there on the thirteenth of June which it accordingly did and continued until the twentieth Day of July and so after several Prorogations and Adjournments mentioned in the Statute Book it was finally dissolved on the nineteenth day of November 1543. There were present at this Parliament the Archbishops of Dublin Ware 160. Cashel and Tuam and the Bishops of Waterford Fernes Emly and 〈◊〉 and to oblige the principal Gentry the King 〈…〉 profuse of Honour than he used to be Enobling no less than six of them at the beginning of this Parliament viz. Edmond Butler Baron of Dunboyne and Bernard Fitz-Patrick Baron of upper Ossory June 11. Sir Oliver Plunket Baron of Louth June 15. William Birmingham Baron of Carbry June 17. John Rawson late Prior of Kilmainham Viscount Clantarfe June 20. and Thomas Eustace Viscount Baltinglass June 29. This Parliament made several good Laws viz. 1. That the King and his Successors be KINGS of Ireland and that it be so proclaimed in every Shire in the Kingdom and that all opposition to this Act or to that Style or Title be Treason 2. That no body shall buy Goods or Merchandizes to sell again except in open Market or Fair on pain of being punished as a Forestaller except Tanners buying Hides to Tan. This Act made perpetual by 11 Eliz. c. 5. 3. That the Plaintiff in Assize may abridge his Plaint 4. That Consanguinity or Affinity not being within the Fifth Degree shall be no principal Challenge against a Jury-man 5. That it shall be Felony in any Servant Apprentices under eighteen years of Age excepted to carry away or inbezil his Masters Goods to the value of forty shillings or upward 6. That Marriages solemniz'd in the Face of the Church and consummate with carnal Knowledge by Persons without the Levitical Degrees shall not be dissolved on any Pretence whatsoever without Carnal Knowledge Vide 2 Eliz. c. 1. 7. That because by reason of Secret Conveyances it is difficult to know the Tenant the Lords may avow the taking of a Distress on the Land without naming the Tenant and that the Avowant shall have Costs and Damages if it be found for him or the Plaintiff be nonsuit 8. That all Religious Persons belonging to the dissolved Abbies and Monasteries c. be capacitated to Purchase Sue c. 9. That the Justices of Peace at their Sessions after Easter and Michaelmas shall appoint the Wages of Artificers and Servants Perpetuated 11 Eliz. cap. 5. 10. That Joynt-Tenants and Tenants in Common may force a Partition by Writ and either of them may have Aid of the other to deraign the Warranty Paramount as in case of Partition between Coparceners 11. That Lessees for Years as to their term only may falsifie covinous Recoveries as the Tenant of the Freehold might do at Common Law and so may Tenants by Elegit or Statute Staple and the Recoverers shall have the same Remedy for Wast and Rent as the Lessors might have had 12. That the Impropriators and other Lay-men entituled to Tithes may sue for them in the Spiritual Court and that in all cases of Appeal from a Judgment for Tithes the Appellant shall pay Costs the Adversary giving surety to refund if it be adjudged against him on the Appeal and upon the Certificate of the Ecclesiastical Judge That he has given a definitive Sentence in case of Tithes two Justices of the Peace whereof one to be of the Quorum may imprison the Party without Bail or Mainprise until he give sufficient Security to obey the Sentence and that all such Writs and Remedies as Fines Writs of Dower c. shall as well be had for Tithes as for Lands by any Person that has a Temporal Interest therein only the Suit for substraction of Tithes must still be prosecuted in the Spiritual Court 13. That the Purchaser of a Signiory or Reversion by common Recovery may distrain or avow without Attornment and that all Avowants may recover Costs and Damage if the Plaintiff be barred in his Action 14. An Act to enable Commissioners therein named to to erect Vicaridges c. 15. An Act against Idlers and Vagabonds which had it been well executed would have reformed Ireland long agone for most of the Mischiefs that have happened to that Kingdom either in War or Peace have proceeded from such loose Fellows as were punishable and might have been reformed by the Statutes against Idlers Rogues and Vagabonds And at another Sessions of this Parliament begun at Limerick the fifth of February 1541. and not 1542 as the printed Statutes make it a former Act restraining the Parliament from sitting any where but at Dublin or Tredagh or from Proroguing or Adjourning above twice or from admiting any Knight Citizen or Burgess to sit unless he were resident at the Place of
to her Brother Owen O Moriarta al 's Droghbearla and made such piteous Complaint that he resolved to get her her Cattle again if possible wherefore he addressed himself to the English Governor of Castlemange so effectually that he obtain'd 7. Musketteers and 12. Kearne and with them he followed the Tract of the Cattle that night they came to the Wood of Clawniginky four Miles from Traley where they resolved to lodg but about Midnight seeing a Fire they drew towards it and so came to a Cabbin where they found an old Man alone sitting by the Fire the Servants having ran away on their Approach Kolly who led the Soldiers Cambd. Eliz. 290. and was bred by the English altho a Native Irishman struck the old Man with his Sword and almost cut off his Arm whereupon the old Man cried out that he was Earl of Desmond and Kolly would have spared him but finding that he bled so fast that he could not live he immediately cut off the Earls Head which was sent afterwards into England and placed on a Pole on Londonbridge and for this exploit the Family of the Moriarta's are in disgrace amongst the Irish to this Day Sullivan 100. and Mr. Sullivan says the place where his Blood was Spilt doth still continue red Nor had John Burk better Success for he being in Protection did nevertheless make an Attempt upon Adare and endeavoured to Prey and Plunder the Country thereabout but as he passed by a Boy from the Castle discharged his Gun and shot him Dead And thus ended the Rebellion of Desmond Cambden says The Eleventh in the Ruin of Girald the fifteenth Earl of that Family after whose Death the common People did manifest such Desires of living in Peace that the Forces of Munster were reduced to 200. And not long after a Commission issued to Sir Henry Wallop Sir Valentine Brown and others to take a Survey of all such Lands as had been forfeited within the four years last past And in Vlster Lib. C. Sir Nicholas Bagnall Sir Lucas Dillon and James Dowdall Commissioners of Vlster on the 22d day of October 1583 in the presence of the Baron of Dungannon and the Agents of Turlogh Lynogh and O Donell and by their Consent made these Orders between them 1. That the Truce between them be continued till the 17th of March next 2. That on the 2d day of December each of them shall put in Pledges at Dundalk to keep the Peace towards the Queen and each other 3. That the Controversies between the said Parties shall then be determined 4. That if either Injure the other during the Truce the Queen shall assist the Sufferer and Punish the Delinquent 5. That they shall chuse indifferent Arbitrators to examine Witnesses and determine the Differences between them if they can and if not then to Report the State of the Case to the Commissioners And in Leinster things were so quiet that two of the O Conners determined a Controversy in a form of Justice which being a matter extraordinary shall be related at large Teig Mac Gilpatrick O Connor was accused by Connor Mac Cormâ—ck O Connor Septemb. 1583. before the Lord Deputy and Council for Killing and Murdering his Men being under Protection Teig answered That they had since the Protection confederated with the Rebel Cahill O Connor and therefore were also Rebels and that he was ready to justify his Assertion by Combal Connor accepted the Motion and the Weapons which were Sword and Target being chosen by the Defendant the next day was appointed for the Battle and Patrons were assigned to each of them to introduce them into the Lists the Day being come and the Court sat the Combatants were likewise seated on two Stools one at each end of the Inner Court of the Castle of Dublin most of the Military Officers were present to render this Action the more Solemn and then the Pleadings being read the Combatants were stript to their Shirts and searched by Secretary Fenton and then each of them took a corporal Oath that his Quarrel was true and that he would justify the same with his Blood and then at the Sound of the Trumpets they began the Fight with great Resolution but at length Conner was twice wounded in his Leg and once in his Eye and thereupon design'd to close with his Adversary but Teige being too strong for him pummell'd him till he loosned his Murriâ—n and then he easily Stunn'd him and with Conner's own Sword cut off his Head and brought it to the Lords Justices But Mr. Sullevan Sullevan 108. who exclaims against this barbarous way of Tryal commits three Mistakes in this one Story First he says That this happened in Sir John Perot's time And 2dly That he forced the Parties to the Combat and that they were asham'd to refuse it And 3dly That it was in a Controversy about Lands in Ophaly But to proceed The Viscount Ballinglass that great Incendiary of Leinster was so totally dismayed at the News of the Death of the Earl of Desmond that he also privately Embarked for Spain where not long afterwards he died for grief So that the Kingdom being thus quieted the publick Revenue for the year 1583. Lib. M. amounted unto 23565 l. 12 s. Sir John Perrot Lord Deputy was Sworn the 26th of June 1584. his Commission was as usual during Pleasure 〈◊〉 make War and Peace Caballa of Letters 336. and to punish Offences or 〈◊〉 them Treason against the Queen's Person or Counterfeiting Money only excepted to make Orders and Proclamations to Impose Fines and Dispose of Rebels Estates to exercise Martial Law and to Assemble the Parliament with her Majesties Privity to confer all Offices except Chancellor Treasurer three Chief Judges and Master of the Rolls and to collate and confer all Spiritual Promotions except Arch-Bishops and Bishops to do all things relating to Justice and Government that the Queen could do if present The Lord Deputies Instructions were as followeth I. To Assemble and Consult the Council how the Government may be managed that Justice may take place the Charge lessened the Revenue increas'd and the Subject not oppressed II. To reduce the Army and the Pay as formerly especially in the Countries not wasted and to prevail with the Country to contribute as Carbury heretofore hath done III. To keep the Army in Discipline that they do not oppress the Subject and that the Companies be kept Compleat and Full. IV. To consider how Munster may be Repeopled and how the forfeited Lands in Ireland may be disposed of to the Advantage of Queen and Subject but first they must be Surveyed by Commissioners now sent over to that purpose and for the Encouragemennt of the Undertakers and to avoid Fraudulent Conveyances by the Rebels let there be a Parliament in a proper Season to pass Acts of Attaindure of fraudulent Conveyances and of Qualifying Uses V. That where Leases have been made without usual Reservation of
Kerry to the Sheriff and the Lord of Lixnaw with the Lord President of Munster he returned to Dublin the 9th of August 1584. In his way he took Pledges from Pheagh Mac Hugh and appointed Sir Henry Harrington to take the like from O Birne O Toole and the Septs of O More and O Connor and committed the Kings County to the care of Sir George Bourcher and of the Queens County to Sir Warham Saint Leger he also appointed Commissioners to take Hostages of the Cavenaghs and when he came to Dublin he decided a Controversy between Philip and Sir John O Reyley to both their Satisfaction About this time the Lord Deputy published Orders to be observed by Justices of the Peace one whereof was lodged with every Custos Rotulor Lib. C. the most material of them were to keep Sessions Quarterly to enquire into Penalties of Statutes forfeited Recognizances Contempts Breach of Peace winking at Malefactors Confederacies and Parlies with Tâ—â—ytors or notorious known Theives that all Men and Women from Sixteen to Seventy be Booked and Sworn to Allegiance else committed to Goal to have General Musters every year and see the People are Armed according to Law to have Buts and common Pounds to make two High-Constables Substantial Gentlemen in every Barony and printed Books of their Duty to be sent them and also two petty Constables in each Barony to send to Goal all Spies Carrows Bards and Idlers c. To appoint two Searchers for every Parish to Search the Houses and Persons not Gentlemen for Beef Pork or Mutton and if any such be found and no notice was given to the Searcher of the Killing thereof the Party shall be punished by Fine and to cause all Cattle to be marked with Pitch or Ear-mark on pain of Forfeiture On the 25th of August The Deputy with One thousand Foot some Kearns and the Risings out of the Pale and some Lords of Munster and well accompanied with Officers and Persons of Quality set out from Dublin and came the 29th to Newry where Turlogh Lynogh submitted and put in Pledges as did also soon after Macgenis Mac Mahon Turlogh Brasilogh and others The Lord Deputy having thus secured the Country ordered some Ships to Loghfoyle to attack the Scots that way which they got notice of and immediately retired and went off to Scotland almost in sight of the English Ships and their escape was imputed to the negligence of the Sea-Commanders However the Deputy proceeded to the Ban himself Ormond and the Nobility kept Clandeboy side and General Norris and the Baron Dungannon kept Tyrone side The Deputy spoiled Brian Carrows Country and forced him and Surleboy to fly to Glancomkeane with their Creights and Cows Norris took a prey of 200 Cows from Ochane which gave great relief to the Army but 100 of his stragling Boys and Servants were cut off by Brian Carrows men and some that came to their Rescue were wounded and soon after Mr. Thomas Norris was wounded in the Knee with an Arrow and Oliver Lambert was taken Prisoner in Ochanes Country nevertheless the Rebels fled from the English and were worsted in most encounters so that Captain Meriman brought a good Prey from their fastness and Norris scour'd Glancomkene-wood preyed Brian Carrows Country and slew them that were put to defend it Hereupon Ochane submitted and put in Hostages and was the first Rebel in Arms that was pardoned since the Deputy came over then went the Deputy to besiege Dunluce and sent Artillery by Sea to Skerries portrush and thence by men it was drawn two miles it soon brought the Ward to parley and to surrender this impregnable place and the fame of this Exploit made the Warders desert Donfert and these losses forced Surleboy to submit and put in Hostages and to beg Pardon which was granted him Whilst the Deputy abode in Vlster O Donell and O Toole submitted themselves unto him and there happening some Controversies between Turlogh Lynogh and others of the O-Neals he caus'd them to implead one another by Bill and Answer that so those Contests might be regularly decided he also gave them an Oath of Allegiance and drew the Grandees of Vlster to a Composition for the maintenance of 1100 Soldiers at their own charge the Queen allowing every 100 men 250 Pounds Lib. M. per annum also they agreed to surrender their Estates and take new Patents and in like manner the Lady Camphell and Donell Gorme made their Submismissions at the Camp near Dunluce on the 18th of September and obtain'd a Grant of that part of the Glinns formerly Massets paying 50 Bieves yearly and supplying 80 Soldiers to serve the Crown when required And so the Deputy left 200 Foot and 50 Horse at Colrain and came to Newry on the 28th of September to which place Turlogh Lynogh brought Henry Son of Shan O Neal and delivered him prisoner to his Lordship Con mac Neal Oge was forc'd to content himself with the upper Clandeboy and the Lieutenancy or Government of Vlster was divided between Turlogh Lynogh the Baron of Dungannon and Sir Henry Bagnall and this great Service being thus effected the Deputy return'd to Dublin the 11 of October Hence the Deputy gave an account to the Lords of the Council in England of his great Success and proposed that for 50000 per annum added to the Revenue for three years he would wall seaven Towns Athloan Dingle Colrain Liffer Sligo Newry and Mayo and build seaven Castles at Black-water and Ballishannon Bellick Broad-water in Munster Castlemartine in the Routs Galin in the Queens County and Kilcomane and erect seaven Bridges at Colrain Liffer Ballishannon Dundalk Fermoy Veale near Slevelogher and Kells in Clande-boy and with the help of the Vlster Composition he would likewise maintain 2000 Foot and 400 Horse during that time he desired 600 Soldiers and a Chief Justice might be sent over that Tamistry might be abolished and the Irish Lands pass'd in Patent to the Proprietors on English Tenures to all which he received a smooth but dilatory Answer and therefore wrote again to the Parliament of England the 17 of January 1584. to the same effect and with like success Nevertheless this active Governour proceeded to doe what he could to repair the broken and miserable Estate of Ireland he encouraged the Bishops to the Repair of Churches and wrote to England that no more Bishopricks might be granted in Comendam and he also divided Vlster into Counties and placed Sheriffs Justices of Peace Constables and other Officers in them And then he summoned a Parliament to meet the 26th of April 1585. at Dublin and caused the Irish to conform to the English Habit to which they have a great aversion because they esteem it a mark of Subjection The Irish Lords were obliged to wear Robes and the better to induce them to it the Deputie bestowed Robes on Turlogh Lynogh and other principal men of the Irish which they embraced like fetters so that one of
had a skirmish with Tyrone wherein both the Norrises were wounded and though Tyrone was forced to retreat yet the success of this encounter is not much to be boasted of for if the Rebels lost most Men the English lost most Horses But Connaught being also enflamed some Forces were sent thither to the valiant Governour Sir Richard Bingham and that the Deputy might be nearer to assist either in Connaught or Vlster as the Exigency of their respective Affairs should require he removed to Kelles where he staid some time but Norris having reliev'd and recruited Monaghan the Army was dispersed into Winter Quarters and both the Deputy and the General returned to Dublin the 11th of October How averse soever the Queen was in her own mind from pardoning Tyrone because she was taught by long experience of him that he was not to be retain'd in obedience any longer than the necessity of his Affairs oblig'd him to it yet upon the importunity and advice of Ormond Norris and others she did give a Commission to treat with him and several ineffectual Parleys were had thereupon but at length Camb. Eliz. 510. on the 27th of October they made a Truce to the first of January in expectation of his Pardon and he made a conditional Submission In the mean time Pheagh Mac Hugh came in and submitted to the Deputy upon his Knees and was pardon'd and the next day Captain Richard Wingfield was Knighted in Christ-Church 9. November 1595. and was the worthy Ancestour of the Viscounts of Powerscourt On the 10th of November the Deputy set out toward Galway to receive the Submission of the Burks and hear the Complaints against Sir Richard Bingham but O Donell full of expectations of aid from Spain dissuaded the Burks from coming but they sent their Complaints in writing as did many others and the Deputy returned to Dublin the 15th of December But let us return to the most hypocritical Traitour that ever was in the World the famous Tyrone who in his last submission had offered to renounce the name of O Neale and to be a good Subject for the future if he might have a Pardon for what was past but being now puft up with hopes of Spanish assistance he did not only neglect sueing out his Pardon but also suffered his Son Con and O Donell and Mac Mahon to break the Truce he and they had so lately made by surprizing the Castle of Monaghan however on the eighth of January a new Commission issued to Sir Robert Gardiner and Sir Henry Wallop to conclude a peace with them This Treaty was very solemn and all the Irish Potentates made their Complaints and Petitions Camb. Eliz. 511. which are recited at large by Fienes Morison pag. 113. The Commissioners were very desirous to establish a Peace if possible and therefore offered to relieve them in their real Grievances and to redress their just Complaints but the Irish interpreting this condescention to be the effect of Weakness and the ill condition of the English Affairs insisted upon very unreasonable Terms viz. 1. A general Liberty of Conscience although none of them had ever been prosecuted or disturbed about Religion before that time 2. A general Pardon for all 3. That no Garison Lib. M. Lam. Sheriff or Officer should remain in any of their Countries Newry and Carigfergus excepted Nay they were so stiff that they refused to come to Dundalk on the Oaths and Protection of the Commissioners so that five of a side were necessitated to meet in the open Field their respective Troups being half a mile distant and two of the adverse Party between the Commissioners and the several Troups to prevent Treachery so that all this trouble and charge produced nothing but a Truce to the first of April 1596. But Tyrone would not drop his design so his aim was to spin out the time in fruitless Treaties whereby the Queen's Army and Treasure would be wasted in Garison to no purpose and his own Forces be better disciplin'd and encourag'd and as he hoped supplied and increased by the Accession of the Spaniards he therefore wheedled the General to that degree that Norris procured a new Commission to himself and Fenton Secretary of State to make a final end with all the Rebels which bears date the Ninth day of March 1595. In the mean time Surlyboy came to Dublin and submitted to the Deputy on the 11th of February and on the 22d the Lord Deputy and Council gave him a Velvet Mantle laid with Gold lace and the controversy between the Earl of Ormond and Sir Charles Carâ—ll was then debated at the Council Board Connaugh was now in an ill condition and the Abbey of Boyle besieged by the Irish and Scots who were so numerous that 400 of them passed the Shenin and prey'd and spoil'd Mac Coghlan's Country so that the Deputy was oblig'd on the sixth of March to draw part of the Army that way on the tenth his Lordship sent 100 Shot and some Kerne to attack a party of Scots that were burning the Country in view of the Army and they had the good luck to kill sevenscore of the Rebels and the next day the Deputy summoned O Madden's Castle of Losmage and received for answer That if all the Army were Deputies they would not surrender however the next day he took the Castle with the slaughter of six and forty Rebels and returned to Dublin the 24th On the 18th of April 1596. The Lord Deputy and Council made very good and necessary Orders for the Army viz. 1. That on their march they shall not stay above one night in a place and then without exaction give money or ticket for their diet 2. That there shall be but six Women and they Soldiers Wives permitted to be Landresses to a Company and but one Boy to two Soldiers and that neither Women or Boys be any charge to the Country 3. No false Musters or any charge on the Country for more men than really are 4. That they shall be content with such Food as is reasonable and with a Breakfast and Supper without exacting Capury encreason or Capury ne hairk And 6. They shall not take up the Country Garons without order or payment nor depart from their Garison without leave And lastly Shall have their Quarters assigned by the Civil Magistrate but General Norris was not pleased with the strictness of these orders and therefore refus'd to sign them On the 19th of April Norris and Fenton began their Journey towards Tyrone and at Dundalk concluded a Peace with him on the 24th on these Conditions Morison 37. That he should desist from aiding the Rebels or intermedling with the nighbouring Lords and make his Country a Shire and admit of a Sheriff and upon his Pardon confess his foreign Intelligences and rebuild the Fort and Bridg of Black-water and relieve the Garison for ready Money at all times and dismiss his Forces and give in sufficient
Pledges and pay such reasonable Fine as Her Majesty shall think fit and so he sign'd a Submission and swore Obedience His Pardon was sign'd the 12th of May and sent to Sir Edward Moor to be delivered I suppose on the receipt of Hostages and on the 31st Tyrone sent the State a kind Letter he had received from the King of Spain but made the Messenger swear that no Copy of it should be taken The Queen was wonderfully pleased with the Pacification of Vlster 25 May 1596. and by her Letters to the Council commended Norris for that great service she upbraids Her Officers in Ireland with the monstrous Accusations brought against them by the Irish and declares she will subdue the stubborn by the Sword but will govern the oppressed by justice therefore she commands them to Unanimity in her Service and to commission Norris and Fenton to settle Connaugh and to examine the many Complaints that are made against Sir Richard Bingham Sir Edward Moor who carried Tyrone's Pardon could not find that Earl who purposely went out of the way to avoid it for three Pinaces with about 200 men and some Powder arrived from Spain in May consigned to O Donell with promise of farther supply as is most probable whereupon the Vlster Lords were so far from observing the late Peace that Tyrone took upon him to make an O Reily and entertain'd a correspondence with Pheagh Mac Hugh and other of the Rebels of Leinster Lib. M. Lambeth and on the 6th of July Tyrone O Rourk Mac William c. sent the Clan-shyhyes to stir up Rebellion in Munster and sign'd a general Letter or Credential to that effect he delay'd taking his Pardon till the 22th of July and even then refused to renounce foreign Aid upon Oath however he put in his Pledges and protested Loyalty and Obedience only to delay the War a little longer for which he was not yet so fully prepared as he desir'd for he had not an answer from Pheagh Mac Hugh till the latter end of August and then he received one to his content For in the beginning of August Pheagh Mac Hugh although he was under protection enter'd into open Rebellion Lib. B. 2. Lambeth and by surprise took and raz'd the Fort of Ballyne Cor and great suspicion was had of the O Moors and some of the Butlers there was noise also of some Spaniards at Sea so that the Lord Deputy complaining that he was not countenanced nor credited in England as he ought to be petitioned to the Lords of the Council there to be a means to remove him from the Government However these Misfortunes were somewhat alleviated by the quiet and peaceable condition of Connaugh which the General Norris and Sir Geoffry Fenton had reduced to terms of Submission The Deputy marched out of Dublin the 18th of September to prosecute Pheagh Mac Hugh and for some time encamped at Rathdrome he took many Preys and slew some Rebels and on the 16th of November caused two of the Pledges which Pheagh Mac Hugh had put in for his good behaviour to be executed in the Camp In like manner the Earl of Ormond effectually prosecuted the Butlers as Sir Anthony Samtbeger did the O Moors and O Connors In the mean time Tyrone is not idle but notwithstanding his Submission and his Pledges Camd. Eliz. 515. he attempted to surprise Armagh and killed 35 men of that Garison he oppos'd the Convoy that carried the Victuals thither and murthered eight of the Garison that went out for Wood his Son in Law Henry Oge made Incursions into the Pale as far as the River Boyne he also endeavour'd to surprise Carlingford Castle and contrary to his Covenant refused to suffer any relief to be brought to the Fort of Blackwater Whereupon the Lord Deputy and Council wrote him a smart Letter on the 30th of November which he answered the 4th of December and alleadg'd that he had just provocation to doe what he did because his Allie and Confederate Pheagh Mac Hugh was prosecuted by the State This was but a lame excuse for that Rebel was not at all comprehended in Tyrone's Articles however General Norris so far espoused O Neal's Quarrel that he wrote to the Council Board that one good Letter would have prevented the danger Armagh is in whereby he covertly reprehended the Deputy's severity But the Board sent him a smart answer and since he understood Tyrone's Humor best they left it to him to relieve Armagh by Force or Treaty as he thought fit On the 30th of December Captain Lea had a Rencounter with Pheagh Mac Hugh and had the good fortune to kill thirty of the Rebels and sent most of their heads to Dublin On the second of January Sir Richard Bingham being a severe Governour and perhaps therefore obnoxious to the Irish who were frequent Transgressours was upon their repeated complaints removed from the Government of Connaugh and Sir Conyers Clifford substituted in his room On the 15th of January General Norris accompanied by Bourchier and Fenton marched from Dublin to re-victual Armagh and on the 22d met with Tyrone who complemented the General at a great rate applauded his Moderation and thank'd him for his Friendship offered to suffer Armagh to be re-victualled as it was without opposition and made all the Protestations of Loyalty and offers of Submission that could be devis'd and desired that the General would procure a new Commission to conclude an everlasting Peace with him which accordingly was granted to Norris Bourchier and Secretary Fenton whereof they gave notice to Tyrone and appointed him to meet on the second of April but he by his Letter of the 15th of March alleadged many frivolous Excuses and though they by their dispatch of the 22d assured him of all reasonable satisfaction 1579. yet he still persisted in his Excuses wherefore they wrote to him again the tenth of April and he by his answer of the 15th made many triviall Complaints and particularly he questioned the General 's Power to make good what he should promise for that possibly the new Deputy should not approve of what they should agree to and therefore he desired a farther day whereupon the General finding too late that he was baffled and abus'd by that cunning Traitor he exclaimed against his Perfidiousness and broke off the Treaty In the mean time O Donell had invaded Connaugh in January and drew most of the late pardoned Rebels into a new Revolt so that Clifford was oblig'd to hasten to that Government Some of the Rebels of the Brenny attempted the Town of Kells but by the Valour and Vigilance of Captain Street they were disappointed and lost 35 of their Company The Deputy made a Journey to Caterlogh and thence to Kilcor and staid thereabouts pursuing Pheagh Mac Hugh and his Abetters from the 18th of February to the 15th of March Lib. B. 2. Lambeth on the 12th of which month 140 Barrels of Powder took fire at
Congregation at James-town Excommunicated the Lord Lieutenant and Declared against his Authority and they and the Assembly at Loghreah forced him out of the Kingdom Galway treated with the Duke of Lorrain and received his Ambassadour and that Town and Limerick and several Lords and Gentlemen did joyn in a Commission to treat with foreign Princes as appears Appendix 47. All the Kingdom did at length submit to the Kings Enemies and most of the Confederates took the Engagement to that Government which certainly dissolv'd the Articles of Peace and all Covenants with his Majesty with which that Engagement was inconsistent I should not insist upon it that the Peace was null and void from the beginning and impossible to be performed because the King could not repeal Acts of Parliament much less give away those Estates which were sold to the Adventurers for valuable Consideration by Act of Parliament but that the Confederates had by a previous Engagemen there recited p. 205. which P. W. stifly denies and my Lord of Oâ—â—ery probably had not seen pre-ingaged themselves to return to their first Confederacy if the Articles of the Peace were not fully performed to them Lastly Those Articles were not to be binding unless they should be confirmed by the next Parliament and since they missed of that Ratification they are totally vanished and dissolved and have no manner of Obligation upon any Body Another Question may be made The Tenth Question Whether the Quarrels of the Confederates against the Marquiss of Ormond were founded upon a prejudice to his Person a hatred to his Religion or an aversion to his Authority To which I Answer That their Dissatisfaction with that Lord was not at all in respect of his Person or any Qualifications he had except that of a Protestant Vice-Roy but their hatred to him was partly upon the Account of his Religion but chiefly upon the Score of his Authority for altho' they load his Memory with innumerable false and scandalous Aspersions yet those of Heretick and Idolater of Majesty are not the lâ—ast spiteful nor as they thought the least infamous But after all they can forge or say They confess It would be the same thing if any other of the same Religion should have the Government out aliquis alius ejusdem professâ—onis invidiae in Catholicos says the Bishop of Fernes pag. 34. Noâ— in ullam aliam pacem cum Ormonio aut ullo alio Heretico prorege Nuncius conveniret says Father Ponce pag. â—79 and he fairly gives the Reason of it for a Heretick will never be fond of Popery says he Summe timendum est quemâ—unque adversae Religionis non satis prospecturum Catholicae And tho' the Vice-Roy were a Roman Catholicks yet as long as the Prince that Authorizes him is a Pretestant or King of England they will not be satisfied and the Reason of this is plain viz. That such a Vice-Roy must obey the Commands of his Heretick Master P. W. Letters pag 12. and must preserve Ireland in Subordination to England whereas their main drift was to make it Independent or to alienate it to a Foreigner yet this Assertion would hardly be believed but that we can back it with an instance in the Case of the Marquiss of Clanrickand whom they affronted and traduced as bad as they did the Marquiss of Ormond and Father ponce his Book is written to vilifie that Noble Lord who had no fault in him except his Religion nevertheless they treated him with that degree of Insolence as to threaten his Lieutenant General P. W. Remonstrance 585. to rent the Army from him if he did not dismiss his Confessor immediately they also gave up the Towns and particularly Galway without consulting him tho' he was at hand and they treated with foreign Princes contrary to his Express prohibition and others that he did Authorize had the Confidence to vary from his Instructions and to decline his Name and Authority And what better can you expect from a People which as P. W. observes are wholly given up to be instructed by Anti-remonstrant Priests P. W. Letter to the Earl of Essex pag. 19. known maintainers of the most Anti-Christian Maxims of Disloyalty even to the unsheathing of Swords and cutting of Throats And Lastly It may be demanded Whether all and every of the Irish be guilty of those Crimes and Qualities that in this History may seem attributed to them under the indefinite Appellation of Irish To which I Answer That they are not all Guilty but on the contrary there are undoubtedly very many Lords and Gentlemen of worth and virtue in that Kingdom who abhor and detest those Cruelties and Treacheries which the Generality of their Country men have exercised upon the English nor had I the least design to condemn the Innocent with the Guilty or to asperse any Man of Honour or Worth and therefore tho' I have good Warrant even from Scripture Phrase and Example to use the indefinite Expression when nevertheless many particulars are not comprehended in it yet to avoid all Ambiguity or Mistake in this matter I do here once for all advertise the Reader That where ever he finds the word Irish he understand it only of the Irish Rebels or of the Commonalty or Generality of that Nation as the Sense will best direct him THE REIGN OF JAMES I. KING OF England Scotland France AND IRELAND HITHERTO the Irish Historians have represented their Countrey-men Analecta Hiberniae Sparâ—im as if they were influenced by the most abstracted Considerations of Religion and Honour Ogigia in Preface pag. 4. and as if they were agitated by a generous desire of their Native and Original Liberty and excited by an unparallell'd Loyalty to their Ancient Monarchy to resist and endeavour to shake off the Violences and Usurpations of England whilest one Generation following another in Imitation of their Godly and Worthy Ancestors have gallantly endeavoured to deliver their enthralled Nation from Oppression as Pope Urban VIII words it in his Bull and therefore their Historians do boast of the multiplied Rebellions of the Irish as so many brave Efforts to rescue their Nation from the Bondage of those English Collectors of Peter-pence whom they would hardly vouchsafe to style their Kings But now that the Royal Family of the Stuarts hath ascended the Throne to whose Sacred Blood the Irish Nation hath contributed whose Pedigree is founded on the Famous Irish Milesian Princes Prospect Epist Dedic now that the Irish have got their own Countrey-man for their King a King whose Ancestors and first Predecessors were of their own Blood Propositions at Oxford 1642. a Prince not only of Irish Extraction but such a one as is of the Royal Line and even by the Irish Law ought to be King of that Island and was as they say the One hundred twenty first King of Ireland in a direct Line from Adam Ogigia in epist whereof Eleven were before the Flood
above two thirds of it at most Sâ—ptima mobilum imobilium vero anui proventus quinta pars And so the Parliament was by Proclamation dissolved in October 1615. This Year also was held a Convocation at Dublin which established Articles of Religion in 104 Paragraphs or Sections and among them the Nine Articles agreed on at Lambeth November 20. 1655. are almost verbatim to be found Because of the 〈◊〉 of some Popish Lawyers in the House they were not permitted to practise in Michaelmas Term whereupon the Lord of Rylline and Sir Christopher Plunket petition'd the Lords of the Council in England That the Statute of 2 Eliz. does not extend to the Lawyers that they had spent their Time and Patrimony in Study and they and their Predecesors have done acceptable Service to the Crown in encouraging the ignorant Multitude to embrace the Freedom and Fruition of the Common Law which in comparison of the 〈◊〉 Law is of inestimable value unto them Besides 't is prejudicial to their Clients who have acquainted them with their Evidences some of which have neither English Language nor Money to imploy or instruct others and that it would force them to breed their Children abroad Secondly That the Statute of 2 Eliz. is illegally executed viz. by Indictment so that the Fees are five times the Penalty of the Statute and so two Punishments for one Thing and in stead of Twelve pence Fine designed to the Poor Ten shillings is exacted by Clerks and Officers for Fees Besides the Forfeiture being appropriated to the Poor the Clerk of the Peace has no Right to intermeddle Thirdly That the Judges of Assize do 〈◊〉 into all Forfeitures since last Assize whereas there are Sessions 〈◊〉 wherein perhaps the Party has been punish'd and so may be punish'd twice Fourthly That the Ministers do exact Money for Marriages and Christnings tho they don't officiate and the Ordinaries exact great Sums for Commutation of Penance And in all these Particulars they pray Relief By Virtue of the King's Letter of the 12th of April 1615 a Commission issued to enquire into his Majesties Title to the Counties of Longford and Letrim whereupon a Jury was impanelled and the Inquisition return'd that the Territory of Annaly now the County of Longford containing Nine hundred and Ninety Cartrons of Land was by King Henry the Second granted to Hugh de Lacy who built Castles and planted English there and that they were ousted by the O Feralls in the time of Edward the First and that Faghan O Ferall surrendered that Territory to Queen Elizabeth the 13th of November in the Twenty ninth Year of her Reign and that her Majesty regranted it to him 20 Decemb. 30 Eliz. Proviso the Patent to be void if the Queen had any other Title than that Surrender and it finds the Statute of Absentees And by another Inquisition taken about the same time it appears that the Brehny i. e. the County of Letrim was by King John given to Walter de Lacy who likewise planted it with English which were afterwards violently dispossessed by the O Rourks and Mac Grannells and that O Rourk had three Legitimate Sons and six Bastards that Teige one of his Bastard Sons succeeded him in the Estate and that he had Issue Teige who had Issue Daniel now living and that Brian Second Son of O Rourk had Issue Sir Brian who surrendered that Territory and agreed to take out a Patent but never did it He was executed in England and it was his Son Teige that submitted and took out a Patent Anno 1603. And this Teige married Mary Daughter of Hugh mac Manus O Donell whose two former Husbands Sir Moylmurry mac Swiny and Sir Donell O Cohan were still living by whom the said Teige had Issue Brian and died and whether Brian be a Bastard or not Juratores predict ignorant And the like Inquisition was found about the Territory of Ely O Caroll whereby it appear'd that that Signiory containing Ninety three Plow-lands was surrendred to Edward the Sixth who regranted it to Teige O Caroll and made him Baron of Ely and he dying without Issue his Bastard-son Sir William O Caroll intruded and surrendred to the Queen 28 July 20 Elizabethae and had it regranted to him in Fee-simple and that he died leaving one Daughter Joan Mother of Redmond Burk pretended Baron of Letrim that Sir Charles O Caroll Bastard-son of Sir William intruded and that Joan releas'd to him but he dying without Issue Moelroony mac Teige another Bastard-son of Sir William's intruded and married Margaret O Dwin whose first Husband Tirlagh Ballagh O Coâ—nor was then living and by her had Issue John O Caroll and whether he be a Bastard or not ignorant In the latter end of August came over a Commission bearing date the Fifth of that Month under the Great Seal of England impowering and authorizing the Lord Deputy and others or any Seven of them Quorum the Deputy to be one to Bargain Sell and Conclude for any the King's Mannors Lands Tenements and Hereditaments Spiritual or Temporal within the Realm of Ireland Whereupon many People past Patents wherein was reserved a small Quit-Rent and a Halfpenny an Acre for Waste-land after it be made Arable and Relief as amongst Common Persons The Patentees had free liberty to transport the Produce of the Land to any Part of England or Wales and they had a Clause of Exoneration from Cess Cudyes Coyn Livery Cuttages Resections Kearneâ—y Cosnery Gilletinny and Gillecon and all Impositions except Royal Compositions and Risings out About this time another Plot was discovered to Sir Thomas Phillips of Lemavaddy 1615. by one Teige O Lenan It was contrived by Alexander Mac Donell Bryan Cross O Neal and other principal Irish-men in Tyrone and Tyrconnell the Design was to seize Charlemont and other Forts in Ulster and to murder the Protestants there and elsewhere whil'st the chiefest of the Nobility and Gentry were at the Parliament and they were promised considerable Aids from France Spain and Rome Mr. Sullivan tells us Sullivan 269. That this Lenan was a Criminal Gamester bribed by the Deputy to this Service which is their common Pretence when the Fact is Sworn for he confesses that Lenan gave Evidence against them and that they were by Jury convicted and that Bryan O Neale Art O Neale Roger O Cahan Jeofry O Cahan Alexander Mac Surly Patrick O More Con O Kahan and two Priests were executed for that Treason Regiminis Ang. in Hib. defensio adversus Analect Pag. 54. But Doctor Rives assures us that both Bryan O Neale and Roger O Cahan consessed it in the very same manner and order as Lenan had discovered it And in Dececember Sir Oliver Lambert was sent to the Island of 〈◊〉 to reduce some Scots that were troublesom and Seditious there which he performed by taking the strong Castle of Dunaveg Lib. C. and other less considerable places And soon after it seems that the Lord-Deputy
the Judges of Assize in Open Court calling to their assistance at least Four of the Justices of the Peace and that only in Cases where all the Points and Circumstances limited by the Statute in that behalf shall be proved the same to be presented by the Jury so as none of the Jurors be of the Hundred where the Fact was done XXXVII All the Nobility Undertakers and others who hold Estates or Offices in that Kingdom are to make their Personal Residence there and not to leave it without Licence such Persons only excepted as are imployed in Our Service in England or attend here by Our special Command And in the Subsidies and all other Payments towards the Charge of Our Army there all those who hold Titles of Honour and no Estates in that Kingdom are to be rated and to contribute and pay equally as the rest of the Nobility of the like Degrees that have Estates and reside in Ireland for which We will give further Order upon an Assessment to be made and transmitted to Us from you XXXVIII No Judges nor Commissioners shall grant Reprieval to notorious Malefactors but with the Advice of the Justices of the Peace of the County then assisting or a competent Number of them XXXIX Where Undertakers have built upon Glebe-lands they are to sue forth Commissions out of the Chancery or Exchequer to select Commissioners to be named by the Undertakers and the Incumbent or if the Incumbent will not agree then the Court to make choice of indifferent Commissioners who are to set an indifferent Yearly Value of the said Parcel of Glebe-land and return the same to the Court who are to order the Incumbents successively to accept of the same from the Undertakers as a Yearly Rent for the said Parcel and for other Lands recovered against the Undertakers as Church-lands the Parties grieved are to sue in the Exchequer for Abatement of their Rents proportionably XL. All Scotishmen Undertakers in Ulster and in other Places there ar to be made Free Denizens of that Our Kingdom and no Advantage for want of Denization to be taken against the Heirs or Assigns of those that be dead XLI For examining what Rectories and Impropriations are now in Lay-mens Hands out of which there have been anciently Vicarages endowed with competent Maintenance for the Vicars which now are by Laymen possessed whereby the Service of God is neglected and for Reformation of that great Abuse you are forthwith to issue Commission to some Persons of Worth and Integrity free from that Imputation to examine and reform the said Abuse And such Persons as have great Rectories whereunto there are Chapels of Ease belonging somewhere six or seven Miles distant from the Mother-Church are to be enjoyned to keep Preaching Ministers in those Parts having competent Allowance to defray the same XLII No Person against whom any Judgment or Execution hath past in Course of Common Law or Decree in Chancery upon matter of Equity is from henceforth to have any Protection granted him nor any Person flying out of England into Ireland to defraud or shun the Prosecution of his Creditors is to be sheltred or protected from the Justice of the Law under colour of being a Soldier in any of Our Companies in that Our Kingdom XLIII No Witnesses between Party and Party at Sessions or Assizes or before any Commissioners whatsoever are to be bound over to the Castle-Chamber and if Information be put in against any such then a Relator to be named who shall be thought sufficient to answer a Recompence to the Party informed against according to the Award of the Court if sufficient Ground shall not appear of the Information XLIV Soldiers accused of Capital Crimes are to be left to be proceeded withal according to the Law and the Commissions for Reforming and Restraining the Abuses and Oppressions of Soldiers such as have lately issued under Our Great Seal there are to be directed especially to Persons of Quality having Freehold and Residence in the County And such Matters as cannot be ordered by them to be especially determined by a Committee of the Judges and others of Our Council to be nominated by you of which none are to be Captains of Horse or Foot XLV The New Corporations as well as the Ancient are to be assessed towards all General Country Charges and all Impropriations and Temporal Lands of Ecclesiastical Persons shall bear equal Contributions in Publick Charges in the Country and the Towns XLVI Such of the Barony of Carbery in the County of Cork as have Assignments from Sir James Simple Knight and have not as yet past their Patents accordingly are to be admitted to take out their Grants notwithstanding Our late Dear Father's Restriction of Grants and in their Tenures they are not to be prejudiced by any Office taken since the said Assignments from Sir James Simple unless the said Office be grounded upon some ancient Patent or Office upon Record before the Date of the said Assignments Nevertheless you are to provide That by pretext of this Our Grace no new Grants be made of any Lands within that Barony that are already passed by Letters Patents to any Person whatsoever XLVII Sheriffs are not to take above Three pence Fine upon any Person for not appearing at their Leets and if they appear then to take nothing at all And to such as are once sworn to the Allegiance they are to give a Ticket and of those no Fee to be demanded afterward for Swearing of them And for such as have been heretofore or shall hereafter be sworn and cannot produce their Ticket if they take Oath that they have been once sworn then they are not to be sworn again nor pay any more Fee And the Justices of Peace are not henceforth to give any Warrant for the Collecting or Levying of any Fines whatsoever but in Publick Sessions and by Extent under the Seal of the Quarter-Sessions XLVIII For delivering Possessions upon Judgments at Common Law Decree in Chancery or other Legal Injunction the Sheriffs are not to exact or take any other Fee than is limited by the Statutes in England for like Causes and that to be Irish Money And if any Sheriff shall demand or take more he is to be proceeded against and censured for Extortion XLIX No extraordinary Warrants of Assistance toâ—ching Clandestine Marriages Christnings or Burials or any Contumacies pretended against Ecclesiastical Jurisdiction are to be issued by the Lord Deputy or any other Governors nor executed Nor are the Clergy to be permitted to keep any private Prisons of their own for these Causes but the Delinquents in that kind are henceforth to be committed to Our Publick Gaols and that by Our Officers according to the Ordinary Proceeding of the same And all unlawful Exactions taken by the Clergy are to be reformed and regulated by the Commission there before mentioned L. If any Person shall be Outlawed upon an Action of Debt and thereupon a Seisure issued or a Custodium
Counsels near Your Majesty in opposition of the Parliament and favour of the Malignant Party of this Kingdom 6. It will bereave Your Parliament of that advantage whereby they were induced to undertake this War upon Your Majesties Promise that it should be managed by their Advice which cannot be done if Your Majesty contrary to their Counsels shall undertake to Order and Govern it in Your own Person Upon which and divers other Reasons We have resolved by the full and concurring Agreement of both Houses that We cannot with discharge of our Duty Consent to any Levios or raising of Soldiers to be made by your Majesty for this your intended Expedition into Ireland or to the Payment of any Army or Soldiers there but such as shall be employed and governed according to Our Advice and Direction and that if such Levies shall be made by any Commission of your Majesty not agreed too by both Houses of Parliament We shall be forced to interpret the same to be raised to the Terror of your People and disturbance of the publick Peace and hold our selves bound by the Laws of the Kingdom to apply the Authority of Parliament to suppress the same And We do further most humbly Declare That if your Majesty shall by ill Counsel be perswaded to go contrary to this Advice of your Parliament which We hope your Majesty will not We do not in that Case hold Our selves bound to submit to any Commissioners which your Majesty shall chuse but do Resolve to preserve and govern the Kingdom by the Counsel and Advice of Parliament for your Majesty and your Posterity according to Our Allegiance and the Law of the Land Wherefore We do most humbly Pray and Advise your Majesty to desist from this your intended Passage into Ireland and from all Preparations of Men and Arms tending thereunto and to leave the managing of that War to your Parliament according to your Majesties Promise made unto Us and your Royal Commission Granted under your Great Seal of England by Advice of both Houses in Prosecution whereof by God's Blessing We have already made a prosperous Entrance by many defeats of the Rebels whereby they are much weakened and disheartened and have no probable means of Subsistence if Our Proceedings shall not be interrupted by this Interposition of your Majesties Journey but that we may hope upon good Grounds that within a short time without hazard of your Majesties Person and so much dangerous Confusion to your Kingdoms which must needs ensue if you should proceed in this Resolution We shall be enabled fully to vindicate your Majesties Right and Authority in that Kingdom and punish those horrible Outragious Cruelties which have been committed in the murthering and spoiling so many of your Subjects and bring that Realm to such a Condition as may be much for the advantage of your Majesty and this Crown the Honour of your Government and the Contentment of your People For the better and mâ—re speedy effecting whereof We do again renew Our humble Desires of your Return to your Parliament and that You will please to reject all Counsels and Apprehensions which may any way derogate from that Faithfulness and Allegiance which in Truth and Sincerity We have always born and professed to your Majesty and shall ever make good to the uttermost with our Lives and Fortunes To this Answer The King made the following Reply We are so troubled and astonished to find the unexpected Reception and mis-understanding of our Message of the Eighth of April concerning our Irish Journey that being so â—â—ch disappointed of the Approbation and Thanks we looked for to that Declaration We have great cause to doubt whether it be in Our Power to say or do any thing which shall not fall within the like Interpretation but as we have in that Message called God to witness the Sincerity of the Profession of Our only Ends for the undertaking that Journey So We must appeal to all our good Subjects and the whole World whether the Reasons alledged against that Journey be of weight to satisfie Our understanding or the Counsel Presented to disswade Us from it be full of that Duty as is like to prevail over Our Affections For Our Resolving of so great a business without the Advice of Our Parliament We must remember you how often by Our Messages We made the same offer if you should Advise Us thereunto To which you never gave Us the least Answer but in your late Declaration told Us That ye were not to be satisfied with Words So that we had Reason to conceive you rather avoided out of regard to our Person to give Us Counsel to run that hazard than that you disapproved the inclination And what greater Comfort or Security can the Protestants of Christendom receive tâ—â—n by seeing a Protestant King venture and engage his Person for the defence of that Profession and the Suppressing of Popery to which We Solemnly protested in that Message never to Grant a Toleration upon what Pretence soever or an Abolition of any of the Laws there in force against the Professâ—rs of it And when We consider the great Calamities and unheard of Cruelties Our poor Protestant Subjects in that Kingdom have undergone for the space of near or full Six Months the growth and increase of the Strength of those barbarous Rebels and the evident Probability of foreign Supplies if they are not speedily suppressed the very slow Succours hitherto sent them from hence That the Officers of several Regiments who have long time been allowed Entertainment from you for that Service have not raised any Supply or Succour for that Kingdom That many Troops of Horse have long lain near Chester untransported 〈◊〉 the Lord Lieutenant of Ireland on whom We relyed principally for the Conduct and managing of Affairs there is still in this Kingdom notwithstanding our Earnestness expressed that he should repair to his Command And when We consider the many and great Scandals raised upon Our Selves by report of the Rebels and not sufficiently discountenanced here notwithstanding so many Professions of Ours And had seen a Book lately Printed by the Order of the House of Commons Entituled A Remonstrance of divers remarkable Passages concerning the Church and Kingdom of Ireland Wherein some Examinations are set down which how improbable or impossible soever may make an impression in the Minds of many of Our weak Subjects And Lastly when We duly weigh the Dishonour which will perpetually lye upon this Kingdom if full and speedy Relief be not dispatched thither We could not nor cannot think of a better way to discharge Our Duty to Almighty God for the defence of the true Protestant Profession or to manifest Our Affection to Our Three Kingdoms for their Preservation than by engaging Our Person in this Expedition as many of Our Royal Progenitors have done even in Foreign parts upon Causes of less Importance and Piety with great Honour to themselves and advantage to this Kingdom and
Lord George Digby That the Protestant Forces that came from Munster were much dissatisfied that the Protestant Agents from Ireland received so little Countenance His Lordship answered That the greatest Kindness he could do them was to call them Mad-men that he might not call them Roundheads for putting in such mad Proposals And he desired to speak with some of them but they refus'd to come to one that had expressed so much Prejudice against them On the Ninth of May these Agents were ordered to attend the King and Council which they did and His Majesty told them They were sent by His Protestant Subjects to move Him in their behalf and desired to know in what Condition the Protestants of Ireland were to defend themselves if a Peace should not ensue They answered That they humbly conceived they were employed first to prove their Petition and to disprove the scandalous Aspersions which the Rebels have cast upon His Majesty's Government and the Protestants of Ireland The King replied That it needed not any more than to prove the Sun shines when we all see it They answered That they thought His Majesty was not satisfied but that those of the Pale were forced into Rebellion by the Governors The King said That was but an Assertion of the Irish and then He renew'd His former Question about their Condition to resist if a Peace did not ensue The Agents desired time to answer but the King told them He thought they came prepared to declare the Condition of the whole Kingdom and asked them Would they have Peace or no The Agents answered They were bred up in Peace and were not against it so that it might stand with His Majesty's Honor and the Safety of His Protestant Subjects in their Religion Lives Liberties and Fortunes Then the Lord Digby interpos'd and said That the Agents desir'd a Peace Yes says the Duke of Richmond and Earl of Lindsey provided it consists with the King's Honor and the Protestants Safety And I would rather says the King that they should have their Throats cut in War than SUFFER by a Peace of my making but I will take Care the Protestants of Ireland shall be secured And then His Majesty told the Agents they should have a Copy of the Irish Proposals and Liberty to answer them but that they were to consider of Two things First That He was not in a Condition to relieve them with Men Money Ammunition Arms or Victuals And Secondly That He could not allow them to joyn with the New Scots or any others that had taken the Covenant The Protestant Agents having got a Copy of the Irish Propositions did on the Thirteenth of May present to His Majesty a full Answer to them recited at large Appendix 23. This Answer being read the King asked Whether they had answered according to Law and Justice or prudentially with respect to Circumstances The Agents replied That they looked upon the Rebels Propositions as they appeared to them destructive to His Majesty His Laws and Government and His Protestant Subjects of Ireland Whereupon the Earl of Bristol interpos'd and said That if they asked what in Law and Justice was due from the Rebels their Answer was full but that the King expected from them what was prudentially fit to be done seeing the Protestants are not in a Condition to defend themselves and the King will not admit them to joyn with any Covenanters The King also asked What would become of the Protestants if the Irish Agents should break off the Treaty which 't is feared they will do if their Propositions for the most part are not yielded unto To which the Agents replied That the Rebels might be brought to better Terms if they were held to it and that they were assured the Lord Muskery refused to come with limited Instructions but would be at liberty to do as he should see cause Whereupon they were ordered to withdraw But the Protestant Agents hearing that Sir Robert Talbot and Dermond mac Teig O Bryan had left Oxford the Twelfth of May and that the Lord Muskery and the rest departed thence the 22th addressed themselves to Secretary Nicholas to know if His Majesty had further Service for them and thereupon on the Thirtieth of May they kist the King's Hand and were told by His Majesty That he had written to the Marquis of Ormond concerning the Protestants of Ireland and that He would use His best Endeavors for them there as He did for Himself here and said He meant His good Protestant Subjects and not Covenanters or their Adherents And thus Reader you have the Secret of this Great Transaction whereby you will perceive That the Irish Agents filled with the Contemplation of their own Power and the evil Circumstances of His Majesty's Affairs thought that the King would purchase their Assistance at any Rate and therefore insisted upon such exorbitant and unreasonable Demands as would have subverted the Laws and Constitution of the Government and would have rendred the Protestant Religion at most but Tolerated and that it self but poorly and precariously On the other side the English Agents did not fail to chastize this Vanity and to mortifie the Confederates with a Scorn and Contempt both of their Conduct and Courage They represented to the King That the Rebels got more by the Cessation than they could do by the War In fine they press'd the Execution of the Laws and demanded Reparation for Damages sustained during the Rebellion and desir'd that the Irish might be disarm'd and reduced to a Condition of not Rebelling any more The Commissioners from the Council would gladly have moderated these matters but they found there was no trust to be reposed in the Confederates and the Irish would not agree to any other terms than what continued the Power in their own hands so that the English should have no other security of their future Tranquility but the Honour and Promise of the Rebels It was very difficult to reconcile these Jarring and Differing Interests and indeed impossible to do it in England and therefore the Irish Agents who were men of Parts and Address having cunningly insinuated to the King That they believed that their Principals when truly informed of His Majesty's circumstances would comply with them so far as to moderate their Demands to what His Majesty might conveniently grant and promised they would sollicite them effectually to that purpose prevailed with His Majesty to send over a Commission under the Great Seal of England to the Lord Lieutenant to make Peace with his Catholick Subjects upon Conditions agreeable to the Publick Good and Welfare that might produce such a Peace and Union in Ireland as might vindicate his Royal Authority there and suppress those in Arms against him in England and Scotland and he also sent Instructions to continue the Cessation for another Year This Commission came to the Lord Lieutenant on the 26th of July but in regard the Confederates chose a Clergyman I suppose the Bishop of
Fernes to be one of their Commissioners which Ormond would by no means admit of the Disputes about this and other Preliminaries delayed the Treaty until the 6th of September at which time the Lord Chancellor who was Chief of the Commissioners for the King averr'd before the Confederate Commissioners That to that day no body had lost one drop of Blood upon the Statute of 2. Eliz. c. 1. which nevertheless was so much complained against however the Confederates notwithstanding the fair Promises their Agents had made at Oxford insisted stifly on the Repeal of part of that Statute and on several unreasonable Demands whereupon the Treaty was adjourned until the King's Pleasure should be known in the Particulars wherewith Ormond had acquainted him Hereupon the King who had promised Archbishop Usher at Oxford Bishop Vsher's Life 64. That he would not give Toleration to the Papists writes back to Ormond That he approves his Answers to the Rebels Proposals Febr. 16. 1644. and orders him to insist on them but if the Irish will not be perswaded to Moderation then rather to yield to Terms remitting much of what his Dignity and Interest would insist on at other Times and Circumstances than enter into a new War however not to consent to a Repeal of Poyning's Act unless in case of absolute necessity and by no means to admit of the Repeal of the Penal Laws against Recusants because that might endanger his Protestant Subjects for whose Preservation he makes the Peace since he is not able to carry on the War And about the same time His Majesty sent Orders to pass Pardons to all his Councellors and Servants Toties quoties as the Lord Lieutenant and Council shall think fit and to make the Lord Chancellor Baron of Bolton to him and his Heirs Males and that the Lord Lieutenant should make any two Lords he thought fit to be Earls and so the year 1644 was closed with an Adjournment of the Treaty of Peace to the 10th of May following But it is necessary to inspect the condition of the other Provinces and how they were manag'd since the Cessation and first let us cast our Eye on Munster which we shall find discontented at the Cessation but much more troubled at the many and daily Infractions of it by the Confederates whereof the Reader may find some Instances in the Lord of Insiquin's Complaint to the State hereafter mentioned in Appendix 17 and many more might be she 〈…〉 â—f it were needful Moreover the Protestants were daily alarm'd wiâ—â—â—ots and Contrivances against them but with none more than with a Conspiracy of Fryer Mathews Lord Orrery M. S. and some others to betray the City of Cork into the hands of the Confederates for which some of the Conspirators were Executed one of which confessed the Design whereupon the English were dissatisfied to the highest degree and importunately urged the Lord of Insiquin to disclaim the Cessation which was a Snare to them and exposed them to the Plots and Insolencies of the Rebels whilst themselves were fettered by it from taking Revenge and it happened luckily that this Lord returned dissatisfied from England because the Presidency of Munster which he expected and highly deserved was predisposed of to the Earl of Portland and by his discontent was rendered the more susceptible of those Impressions which the just Complaints of the Protestants of his Province did afterwards make upon him and therefore he did on the 18th day of July by an ingenious Artifice get the Irish out of Cork and kept them so and the next day * * Insiquin Brog-hill Sir W. Fenton Sir P. Smith Col. Bâ—ocket Colonel Searl Major Muschamp he and other Principal Officers of his Army wrote to His Majesty That no Peace could be concluded with the Irish Rebels which would not bring unto His Majesty and to the English in general a far greater Prejudice than the shew of a Peace there would bring them Advantage c. And thereupon besought him that he would not so much regard so inconsiderable a handful of People as they were as to purchase but a seeming Security by leaving thereby the Protestant Religion in all likelihood to be extirpated and His Majesty obnoxious to the loss of that Kingdom Further beseeching His Majesty That he would be pleased to proclaim again the Irish to be Rebels and not to Pardon those who have committed so many barbarous Crimes that they are as far above Description as they are short of Honesty the Irish professing They had His Majesty's Commission for what they did The true sense of which devilish Aspersion cast upon His Majesty with other Reasons made them resolve to dye a thousand Deaths rather than condescend to any Peace referring themselves in other things to their Declaration And besides this Letter they issued a Declaration to be sent to both Houses of Parliament and to be made publick which is worthy perusal and therefore is added to Appendix 25. The Revolt of the English Forces in Munster occasioned some Expostulations between Ormond and Insiquin but without effect for the later was resolved not to hazard himself and his Friends by a readmission of the Secluded Citizens of Cork which the Parliament having notice of and being desirous to Encourage and Reward his Steadiness and Zeal for the English Interest made him Lord President of that Province Nevertheless the Parliament not being in a condition to furnish Insiquin with Supplies little or nothing was done this year on the contrary the Irish and he agreed to a new Temporary Cessation because the English were weak and the Irish desired to preserve the Baronies of Imokilly and Barrymore from Contribution and so it continued until the Earl of Castlehaven renewed the War early in the Spring and in the mean time the strong Fort of Duncannon which had never submitted to the Cessation was surrendered to General Preston on the 6th of March for want of Provision whilst Sir Arthur Loftus though he got within the Harbor was by a Storm which lasted ten days hindered from putting Supplies into the place which therefore he carried to Cork But because the Irish do deny that there was any design to betray Cork and that it may appear that it was designed more than once I have thought it necessary to add an Extract out of Sir Richard Gething's Dispatch to Secretary Lane and to subjoyn a certain Letter whereof I have seen the Original Jan. 2. 1644. Sir Richard Gething writes That one Colonel Croning sent to Major Muschamp to give him a Meeting which done after some wise Preparatives exhorting him to be faithful and loyal to his Majesty c. He pretended to open him a way to great Preferment and Muschamp asking him how the other replyed By delivering up the Fort of Cork as the Lord Lieutenant should direct Muschamp answered That he desired no easier Step to Preferment than the Observance of the Lord of Ormond ' s Directions Then
Disobediences and Affronts put upon the King's Authority and consequently suggested Matter to his Majesty of making his Declaration against the Peace Secondly We have perused the King's Declaration disavowing of the late Peace and are of Opinion for ought to us appearing That the King hath thereby withdrawn his Commission and Authority from the Lord-Lieutenant This is clearly proved out of a Branch of the said Declaration taking away and nulling all Commissions granted by him In that Declaration the King will have no Friends but the Friends of the Covenant Hence it is evidently inferred That his Majesty's Authority is taken away from the Lord-Lieutenant unless he be a Friend to the Covenant as we conceive he is not but if he be he is not our Friend nor to be trusted by us in having Authority over us In the same Declaration the Irish Nation as bloody Rebels are cast from the Protection of the King's Laws and Royal Favours It may not therefore be presumed That he would have his Authority kept over such a Nation to govern them We do joyn with you in that you represent to wit There is no Safety to be expected from Covenanters or Independents for the Catholick Religion or this Nation If that of the Peace be proved the only Safety we are for it However we conceive the benefit thereof is due to us having made no breach of our part Thirdly Something of our sense concerning what way may tend best to the Nation 's preservation we will say beneath and do offer our clear intentions before God to joyn with you and all Men in what will be found the best and fafest way to such preservation Fourthly We are of Opinion and did ever think all our Endeavours should be employed to keep the King's Authority over us But when his Majesty throweth away the Nation from his protection as Rebels withdrawing his own Authority we cannot understand this Mystery of preserving the same with us and over us or how it may be done Whereas you say That many of those considerable will instantly make their Conditions with the Enemy if the King's Authority be taken away by himself as by his Declaration it is and not driven away by the Subject In such case when the People may not hold it likely they will not agreewith the Parliament for not having it We are of Opinion the best remedy the King's Authority being taken away as was said of meeting this Inconvenience of the Peoples closing with the Parliament is returning to the Confederacy as it was intended by the Nation in case of breach of Peace on his Majesty's part This will keep a Union amonst us if Men will not be precipitantly guilty of breach of their Oath of Association which Oath by two solemn Orders of two several Assemblies is to continue binding if any breach of the Articles should happen of his Majesty's part The King's Authority and the Lord-Lieutenant's Commission being recalled by the Declaration abovesaid we are of Opinion the Lord-Lieutenant hath no such Authority to leave If we must expose Lives and Fortunes to the hazard of fighting for making good that Peace seeing the danger and prejudice is alike to defend that or get a better Peace Why should we bound ourselves within the limits of those Article to disavowed Upon consideration of the whole matter we may not consent with safety of Conscience to the Proviso's of revoking our Declaration and Excommunication demanded by his Excellency or granting any Assurance to him or the Commissioners of Trust for not attempting the like in the future and that for many Reasons especially for I. That the King's Authority is not in the Lord-Lieutenant nor Power in us to confer a new Authority on him being also destructive to the Nation to continue it in him and preservative if in another And that was our sence when we declared against the King's Authority in his person II. We much fear we should lose the few Churches remaining under his Government as we lost under him all the Churches of the City of Waterford and Kilkenny and the Towns of Wexford Ross Clonmell Cashell Fethard Kilmallock c. in this agreeing with the Maccabees Maxims Maximus vero primus pro sanctitate timor erat templi III. His Excellency having declared at Cork that he will maintain during his Life the Protestant Religion according to the Example of the best Reformed Churches which may be the same in substance with the Oath of Covenant for ought we know we may not expect from him Defence of the Catholick Religion IV. The Scandal over all the World to make choise of one of a different Religion especially in Rome where his Holiness in his Agreement or Articles with the Queen of England had a Catholick Governour granted tho' not performed And we do fear the Scourges of War and Plague that have fallen so heavy upon us and some Evidences of God's Anger against us for putting God's Cause and Churches under such a hand whereas that Trust might have been managed in a Catholick Hand under the King's Authority V. That we shall find no Succour or Countenance from any Catholick Prince of the Church or Laity he governing but Reproach and Disgrace VI. That the Souldiers by the ill Success of his Conduct have not the heart to Fight under him and so we shall be lost if we come to fighting VII We find the People generally in great fear to be lost under his Government and are of Opinion That the greater part of the People will agree with the Parliament if the Authority were continued in him despairing of Defence under him VIII That we declared against him having the King's Authority out of no Spleen or Malice against his person so save us God but for the fear we had upon good deliberation of the utter Ruine and Destruction of the Nation under his Government and that now finding no reasons or ways of Preservation by him we may not with reason be induced to alter our Opinion especially the King's Authority being not in him IX That those two considerable Corporations remaining are at great distance with his Excellence for giving Commissions to take away their Goods and other reasons and are thought to be resolved not to submit to him ☞ though they resolve to appear as in their intentions and actions they conceive they are Faithful to the Crown and to the King's Authority Obedient if placed in another person Ormond's Reply WE had reason to hope that if the Offer we made should not meet with the success we desired yet that so affectionate a Manifestation of our Love to the Nation transporting us to an Overture of Reconciliation with those that had so much injured us would not have given ground for repeating old and casting new Aspersions upon us But for Answer to this Paragraph we refer to our Letter and to our Answer to the eleventh Article of their Declaration Appendix 48. Here they readily declare their Opinion concerning
compared with the Certificates here Also prevent the abuse in Coyning Vending annd Vttering small Moneys 14thly Endeavour to bring all to a Conformity in the Religion by Law Established and acquaint us with what difficulties you meet with therein 15thly Inspect our Forts Castles Magazines and Stores and endeavour to make Salt-Petre 16thly We are informed That small Profit hath heretofore come to our Exchequer by Castle-Chamber Fines tho Misdemeanors proper for punishment in that Court were many we would therefore have you look into the reasons thereof and to resettle and uphold the Honour and Jurisdiction of that Court for the repressing exorbitant Offences wherein our Learned Council are to do their Duty faithfully 17thly The Vice-Treasurer or his Deputy to receive all Money 18thly Reduce the Moneys there to the condition of Sterling and establish a Mint there 19thly Finding some Propositions of the Duke of Ormond recorded in the Register of Council-Causes 1662. fit to be observed we have renewed them with reference to your Government therefore observe them Lastly Several Popish Clergy since the return of the Duke of Ormond hither have exerâ—â—ed their Jurisdictions to the great grief of the Remonstrants If so execute the Laws against the Titular Archbishops Bishops and Vicar-Generals that have threatned or excommunicated the Remonstrants and that you protect such Remonstrants as have not withdrawn their Subscriptions These were the publick Instructions but the Administration of the Government seem'd to have another Foundation for now the Mystery of Iniquity began to appear and the Papists were publickly countenanc'd and indulg'd in Ireland many of them got into the Commission of the Peace and it was attempted also to bring them into the Army but Matters not running so smoothly as the Lord Lieutenant expected he returned to England for new Instructions and left the Government in the Hands of the Lord Chancellor and Sir Arthur Forbus Lords Justices who were Sworn on the 12 th of June and continued in that Office until his Excellency's return which was on the 23 d day of September 1671. In the mean time on the 21 st of February 1670. Collonel Richard Talbot Petitioned His Majesty in the behalf of His most distressed Subjects of Ireland who were outed of their Estates by the late Vsurped Powers which Petition was referr'd to a Committe of the Council to Examine and Report and a State of their Case was given to the Committee in Writing Whereupon on the 28 th of January the Kings Solicitor attended the Committe at the Council-Chamber His Majesty being present and there the Petition and Talbot's Commission from the Irish the State of their Case and the Paper of Instances were read On the 1 st of February the King being present Sir George Lane was call'd in and the first Instance being the Case of Mr. Hore was objected against him but Sir George baffled the Petitioners in that Matter and having prov'd an Agreement with Mr. Hore which His Majesty was pleased to say He remembred That Affair was clear'd to the satisfaction of the King and the Committee much contrary to the Expectation of the Petitioners who perhaps had prevail'd with the King to be there that he might be an Ear-witness of the Wrong that was done them But the King being weary of such Debates did on the 4 th of February in Council appoint the Lords Buckingham Anglesy Hollis and Ashley and Secretary Trevor or any three of them to be a Committee to Peruse and Revise all the Papers and Writings concerning the Settlement of Ireland from the first to the last and to take an Abstract of the State thereof in Writing And accordingly on the 12 th of June 1671. they made their Report at large which was the Foundation of a Commission dated the 1 st of August 1671. under the great Seal to Prince Rupert the Dukes of Buckingham and Lauderdale Earl of Anglesy Lords Ashley and Hollis Sir John Trevor and Sir Thomas Chichly to Inspect the Settlement of Ireland and all Proceedings from first to last in Order thereunto And this was followed by another Commission of the 17 th of January 1672. to Prince Rupert Earl of Shaftsbury the Lord Treasurer Clifford and others amongst whom the Dukes of Ormond was one to inspect the Affairs of Ireland viz. the Acts of Settlement and Explanation and the Execution of them and the disposing of Forfeited Lands and the State of His Majesties Revenue c. But how specious soever the Pretences were for these Commissions the secret Design was to unravel the Settlement and to humble the Duke of Ormond upon whom they always fell when the Popish Interest prevailed for otherwise the pretended Grievances if they had been really true were few and small and it were much better for the publick That even greater Irregularities than were complain'd of should remain unremedied than that the great and common Security of the Nation should be shaken And of this Opinion was the Parliament of England who always concern'd themselves effectually for the English Interest and the Protestant Religion in Ireland and accordingly on the 9th day of March 1673 they Address'd to His Majesty as followeth And this Address occasion'd that the aforesaid Commission of Inspection was Superseded on the 2d of July 1673. WE Your Majesties most Loyal Subjects the Commons in this Present Parliament Assembled taking into Consideration the great Calamities which have formerly befallen Your Majesties Subjects of the Kingdom of Ireland from the Popish Recausants there who for the most part are profest Enemies to the Protestant Religion and the English Interest and how they make use of Your Majesties Gracious Disposition and Clemency are at this time grown more Insolent and Presumptuous than formerly to the apparent Danger of that Kingdom and Your Majesties Protestant Subjects there the consequence whereof may likewise prove very fatal to this Your Majesties Kingdom of England if not timely prevented And having seriously weighed what Remedies may be most properly applied to those growing Distempers do in all Humility present Your Majesty with these our Petitions 1. That for the Establishment and Quieting the possessions of Your Majesties Subjects in that Kingdom Your Majesty would be pleased to maintain the Act of Settlement and Explanatory Act thereupon and to recall the Commission of Enquiry into Irish Affairs bearing date the 17 th of January last as containing many new and extraordinary Powers not only to the Prejudice of particular Persons whose Estates and Titles are thereby made liable to be questioned but in a manner to the overthrow of the Acts of Settlement and if pursued may be the occasion of great Charge and Attendance to many of Your Subjects in Ireland and shake the Peace and Security of the whole 2. That Your Majesty would give order that no Papist be either continued or hereafter admitted to be Judges Justices of the Peace Sheriffs Coroners or Mayors Sovereigns or Portreeves in that Kingdom 3. That the Titular Popish Archbishops
furious in this matter and so inhumane that he kept one Henry Rice in close Prison six weeks in a Dungeon and kept him waking a very long time in hopes that Severity and Distraction might induce him to accuse the rest of his Acquaintance and when he found they were all acquitted even by a Jury whereof the Foreman was a Papist he was enrag'd and troubl'd to the last degree and died within a week afterwards But on the last of March 1685. the Duke of Ormond came to London leaving the Sword with the Lord Primate and the Earl of Granard who were nominally Lords Justices but the Power was in effect in the Earl of Tyrconnell who was Lieutenant-General of the Army and by his means the English Militia were not only deprived of their Arms and by Proclamation ordered to send them into the Stores but the English in the Army began also to be turned out under the pretence of being Oliverians or the Issue of such But 1678. not long after the Protestants were revived by the arrival of the Earl of Clarendon Lord Lieutenant and Sir Charles Porter Lord Chancellor for tho the Irish did every-where give out That they were both Papists yet they soon became sensible of their error and to their great trouble found that those Lords wanted no other Qualifications but that of Power to make the Protestant Religion and the English Interest flourish in Ireland In short they did all that wise and honest Men could do and were too great a Blessing for that unfortunate Countrey to enjoy long and therefore they were removed in February 1686. to make room for the Earl of Tyrconnell who was then sworn Lord Deputy For tho this Lord being Lieutenant-General did even in the Lord Clarendon's time so model the Army that most part of the English were disbanded yet he met with so many rubs in That and Other of his Designs that he despaired to accomplish his Project or to satisfie his Ambition unless he were Supreme in the Government Tyrconnel having thus gotten the Sword of State into his hands quickly turned the Edge of it upon the poor Protestants who were amaz'd to see him act so openly in such a Despotical and Arbitrary manner for some of his Agents not only disbanded most part of the remaining English but insulted on their Misery by doing it reproachfully and added to their affliction by turning them out far from their Friends and their Habitations and took away the Cloaths of some and the Horses and Arms of others without giving them any proportionable recompence And he also changed the Irish Soldiers so often that tho the Army did not consist of more than seven or eight thousand Men yet five times that number by these frequent Changes were taught the use of their Arms and by this means he had a considerable Militia ready upon all occasions Moreover he issued Quo Waranto's against all the Charters at once and altho that procedure did manifest to the World that it was not the Fault of any one or more Corporations that was endeavour'd to be punish'd or reform'd but that it was a fixed design to Subvert the Corporations and consequently to Model the Parliament and the Laws to the Interest and Humour of the Papists yet being Masters of standing Armies both in England and Ireland they thought themselves sure of their Game and that it would be the more Generous and Brave if they acted publickly and as it were in defiance And therefore they dissembled the Matter no longer but appointed two Popish Judges in every Court that they might be sure of a Majority upon all Occasions they also appointed Popish High-Sheriffs throughout the Kingdom and they put so many Papists into the Commission of Peace the Privy-Council and all Places of Authority that they were able to Rule all where-ever they came And as soon as the Charters were Condemn'd there were new Ones granted for the most part to such inconsiderable and beggarly Fellows as were unable to pay for them so that many were left with the Attorney General in Pawn for his Fees however in all these Charters they put in near one third English most of which were Quakers or other Dissenters but at the same time took care to limit the Power and especially that of chusing Parliament Men so that the English if unanimous should not be able to give them any Impediment But the English being the principal Traders and the most Wealthy Men in Ireland It must necessarily follow that the removal of their Plate and other Effects into England and the general Decay of Trade that ensued upon the Apprehensions they had of these Violent and Irregular Proceedings did diminish the Publick Revenue to a degree of rendring it unable to support the Necessary Expences of the Government this indeed was a sensible Stroak and would have changed all their Measures if any thing less had been in the Bottom than a fixt Resolution to subvert the Established Religion and to introduce Popery and to make Ireland a secure Retreat for those whose designs might perhaps miscarry in England However these rapid Motions of Tyrconnel made such a noise in England as occasion'd that Lord to be sent for over to meet the King at Chester the poor Protestants flattered themselves with hopes of some intervals of Moderation from this Interview but they soon found the fatal Effects of this Conference not only in the Continuation but in the encrease of their Grievances And thus the Irish having to their Advantage in Number gained also the whole Power Military and Civil into their Hands thought themselves in a Condition not only to secure Ireland but also to send over considerable Assistance to carry on THE CAUSE in England and accordingly Tyrconel did send thither about 3000 of his choicest Men. This was the single Action that conduced most to the Preservation of these Kingdoms all other things were but subservient thereunto or at most but concurrent with it for whilst other Grievances did but disoblige a certain Number or a Party the bringing in of the Irish alarm'd every Body and especially the Army so that his Present Majesty Landing not long after met with such easy and speedy Success as amazed the present and will be the Wonder of future Ages Moreover to compleat the aforesaid Number of 3000 Men Tyrconel did very improvidently withdraw the Garison of Londonderry without sending another in its stead as not suspecting the sudden Revolution which afterwards happened nor thinking that Derry would dare to refuse a Garison whenever he should think fit to send them one But it was not long before he saw his Error and having Recruited his Forces he sent a new-rais'd Regiment under the Earl of Antrim to possess themselves of the City of Derry This Regiment Quartering in and about Newton on the 6th of December Collonel George Philips sent one James Boyle to give notice thereof to Londonderry and to advise them to shut their
of this half Million of Pounds hath come in in Money or been disposed of by Warrant from us we leave to be cleared by the Receiver-General's Accompts But we are confident it will not amount to the tenth part of half a Million of Pounds In the next Place they say We have frustrated the Opinion of the Nation held of our Fidelity Gallantry and Abilities and become the Author of losing the whole Kingdom to God King and Nation If the Nation held a greater Opinion of our Gallantry and Ability than there was cause for it we are sorry we came short of their Expectation But whatever it pleased God to bestow on us in those Gifts we faithfully employed it in the Cause we undertook and have not at all failed their Expectation in point of Fidelity Nor are we therein the Author of losing the Kingdom to God King and Nation as these Declarers have Rhetorically expressed themselves How they make good the last Assertion of their Preamble viz. That we began the Loss of the Kingdom by violating the Articles of Peace is next to be considered How We have been furnished with the aforesaid Sum of about half a Million of Pounds The Answer to the first Article We have told you in Our Answer to the Preamble If they urge Our giving Commissions which they call Patents to Protestant Officers as a Breach of the Articles of Peace and had purposed to have made it good they should have set down the Article violated by it But they have been so used to have Credit given to their Words upon Trust that whether what they say be true or false they are sure it will do their Work and That and not Truth is the thing they aim at We confess to have given Commissions to many Protestant Officers and that they and their Men were provided for as others of their respective Conditions And we do affirm that for their Fidelity Gallantry and Ability they deserved their Commissions and Pay full as well as any other of their respective Conditions And it is not true that they or the most of them or any of them that we gave Commissions to did betray any Person under their Command or ever deserted Us or the Cause we undertook True it is that We finding the Desire and Design of many of the People set on by the Declarers was to starve or otherwise destroy and break the Remain of the Protestant Party that came to Vs for these and other Reasons hereafter to be expressed ☞ We permitted them in June or July last to make their Conditions with the Enemy and so sent them away But that any one Place was betrayed by any of those Protestants cannot be instanced nor that any more than about three of them whereof one was a Major and the other two Lieutenants ever went away without Our License How many of them died valiantly doing their Duty or that were creully put to Death by the Enemy there are many amongst you that know It is very well known The Answer to the second Article that we put not the Holds or Ports in Munster into the Hands of any but left them in the Hands We found them as we had good reason to do those Persons without Capitulation having received Us as his Majesty's Lieutenant And if any of them have betrayed those Places as we conceive the Governours of Cork Kingsale and Youghall did not but were by others betrayed We are not reasonably chargeable with their Treachery And we believe they soaked as much of the Sweat and Substance of Munster and were as chargeable to that Province before as after the Peace Nor is it strange if they would not agree to a Peace that must have let in those that had been of a contrary Party to be Masters of the Holds they had before the Peace upon any occasion of their drawing forth till a full Settlement by Parliament till when the Consederate Roman Catholicks were to hold the Towns possessed by them but Provision was made that such as were not admitted to re-inhabit the Towns for we understood divers were ☜ were to have the full benefit of their Houses and Estates in the said Towns or Garisons So that what is remarkable in that in making the Peace we would not allow the return of those of Cork Youghall and Kingsale to their Houses we see not more than that as without they were debarred from it for a time neither the Army under the Command of the Lord Inchiquin nor the then Inhabitants of the Towns would be drawn to submit to the Peace so the Assembly being convinced thereof and of the great Danger it might bring upon the Kingdom to have them oppose the Peace consented to the Articles as it is expressed in the Book of the Articles of Peace But that which these Declarers would indeed have marked and collected out of their dark Note is that by this means these Towns were perhaps purposely given up by us to the Rebels For as they have infected the People they know them so ready to make the worst Construction of all Events that they need not speak plainly to them To this we have fully answered in our Answer to the second Article of the pretended Grievances The Answer to the third Article except the particular of Daniel O Neile who was not named in the said Article and for your clearer Satisfaction we shall recite that Answer as followeth Whoever looks upon the Articles of Peace recited in this Section This was an Answer to the second Article of the Grievances and upon the Composure of the Army ever since the Peace will find that we have done much more for the Satisfaction of this Nation than we were obliged unto For whereas if we had upon perfection of the Articles of Peace conferred two places of Command Honour Profit and Trust in his Majesty's whole Army in this Kingdom upon any two of the Roman Catholick Subjects of this Kingdom we had without Controversy fulfilled the literal Obligation that was upon us as to the point of Instances And if we had not divided the places equally betwixt Protestant and Roman Catholick we had performed the Articles to the Roman Catholicks in the most favourable Construction they could bear yet was the General of the Horse the Master of the Ordnance the Major-General the Lieutenant-General of the Horse and for a good while the Commissary-General of the Horse the Muster-Master General the Commissary-General of the Victuals and the Quarter-Master Generals both of Horse and Foot all of his Majesty's Roman Catholicks of this Kingdom Places certainly as they are more than two parts of three of the general places of an Army so are they of Honour Profit and Trust and most of these were conferred on such as were instanced unto us by the Assembly that concluded the Peace with us though that by the Articles there was not so much as a Power to instance either in the
Assembly or Commissioners To save time we omit to mention the many Colonels and inferiour Officers of the Roman Catholick Religion we gave Commission unto though these be all Places of Honour Profit and Trust But it is considerable in this Particular that in the Army of Connaught which under the Conduct of the Lord Marquess of Clanrickard commanding as General reduced the whole Province there was not one Protestant Officer that we remember And now we leave it to any reasonable Person to judg whether Commands have not more than indifferently been conferred on Roman Catholicks and whether we are justly charged with the breach of this Article which provides not that no Roman Catholick once in Command shall not be removed if for the Union of an Army the Uniformity of Command in the general Officers according to their degrees over the whole Army and the more chearful Conjunction of all Parties in the Service we did by the Advice of some of the Commissioners of Trust and of the principal Officers of the Army perswade Colonel Peirce Fitz-Gerrald voluntarily to resign that place to Sir William Vaughan when at the same time Colonel John Barry a Roman Catholick was made Lieutenant-General of the Horse and had Command over and before the said Sir William that was placed in Colonel Fitz-Gerrald's room who by his good Conduct and impartial Distribution of Orders had gained the general Love and Esteem of the Army and at Rathmines died nobly in the head of his Charge We understand not how Major-General Purcell comes to be instanced as one displaced Sure we are there was no ground for it when this Collection was made neither is there yet any other than his voluntary declining the Execution of his place to satisfy the unreasonable and unconstant Humours of some that are never long pleased with any Government As to the instance of the Fort of Duncannon it is not true that ever Capt. Roch was removed from thence but to his dying day continued Governour there True it is that upon receipt of certain Letters from him to us and the Earl of Castlehaven ☞ implying that he was ready upon the first approach of the Rebels to give up that important Fort we commanded thither Colonel Edward Wogan with a Company of Gentlemen By which means only under God it was preserved as might be more evident but that we spare to say more of that deceased Gentleman But that there was no purpose to remove him is clear by this that as soon as the Rebels had principally by the Courage of those Gentlemen removed their Siege the said Gentlemen were removed and Roch left in the sole Command Whether his Majesty's whole Army in this Kingdom did consist of so many as was promised in the Articles we leave to be cleared by the Muster-Rolls whereby we believe it will appear that in all places it consisted of much more But if it did not that is not to be imputed unto us as a breach of the Articles since we were ready to have enlarged it upon the desire of the Commissioners But that of the Army of Foot the much greater part was composed of Protestant Officers is so far from Truth that we are confident the Protestant Officers were not by a third part so many as the Roman Catholicks though we find no proportion between Protestant and Roman Catholick Officers prescribed by the Articles but that we were at liberty to raise and levy as many of that Profession as we thought fit What is intended by the Communication of Countenance or how pertinently we are directed to the meaning of it by the Marginal Note of Baggatrath we understand not if the meaning be that the Roman-Catholick Officers were against the manning of Baggatrath and that yet it was mann'd that is not true for the manning of it was unanimously agreed on if it should be thought fit by the Officers that went to look upon it who were all Roman-Catholicks according to whose Opinion it was mann'd That there was inequality of Pay either in Field or Garison and Complaint thereof made unto Us without Redress as far as We had Power is as untrue And for the Marginal Note of the Catholicks having but seven weeks Pay We neither knew when or where it was or who had more The manner of Daniel O-Neil's coming into Command was thus As He had taken great pains in bringing his Uncle General Owen O-Neil to submit to the Peace and his Majesty's Government so did he effectually labour after that Work was effected to bring the Vlster Army to our Assistance when Cromwel was on his march from Dublin towards Wexford Owen O-Neil being sick the Army was conducted by Lieut. Gen. Farrell and Major Gen. Hugh O-Neil but when it joined with the Leinster Munster and Connaught Forces and some English and Scotish Horse and Foot we found great difficulty how to distribute Orders with satisfaction to all those Parties the Vlster Party being unwilling to receive them by Major Gen. Purcell and the rest were as unwilling to receive them by Major General Hugh O-Neil But all Parties were content to receive them from Daniel O-Neil and by him they were distributed and Major Gen. Purcell was sent into Munster where he had and exercised a Command in Chief in the absence of Superior Officers nor was his Commission annulled or a new one of his place given to any other to this day So that if the displaceing of him or any other Officer without the Consent of the Commissioners had been a Breach of the Articles of Peace as it is not there is no Truth in the Affirmation that he was displaced For Answer to the Fourth Article Answer to the 4th Article is the same that was given to the 3d Article of Grievances we must refer you to our Answer to the Third Article of the pretended Grievances as followeth By the Articles of Peace Judicatures were to be raised and Judges named by the Advice and with the Consent of the Commissioners For which purpose We sent to his Majesty for leave to make and use a Great Seal which as soon as we had received We caused a Great Seal to be made and were at all times ready to have agreed with the Commissioners what kind of Judicatures to raise and with what Persons to have supplied them as will not be denied by the said Commissioners Which may suffice for Us to answer to that particular We acknowledg that according to the necessary Power at all times invested in the chief Governour or Governours of this Kingdom We have received many Petitions and to the best of our Understanding have made just and equal Orders and References upon them and have also upon Certificate of the ablest Men we could find finally determined some of them but never to the alteration of Possession unless perhaps upon clear proof of forcible Intrusions by Violence contrary to all the Rules of Law and Reason Which if We had not done