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
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
even this was sent to the Lord Lieutenant and His Majesties Directions were prayed therein and the like was done by a Paper of Grievances sent by the Lord Mountgarret to the Earl of Ormand at the same time and in August 1642. the Remonstrants sent to the Earl of Ormond a Petition directed to His Majesty which accordingly the Lords Justices transmitted to him That the Lords Justices did endeavour to stop the spreading of the Rebellion and to reduce the Rebels to Obedience by fair means Viz. by their Proclamations of 23 d. of October and 1 st of November promising Mercy to all that should desist from force by imploying a Committee of Parliament to treat with them but they scornfully rejected the Message and contemptuously tore the Committees Letter and the Order of Parliament and by imploying Doctor Cale and some of their own Clergy to treat with them whom they likewise abused and by authorizing the Lord Moor and afterwards Sir Richard Barnwall and Patrick Barnwall to perswade them to Submission and by giving Commissions to the Lord Gormanstown and other of the Remonstrants but whilst they found Success they were deaf to all Perswasions and now that they are baffled they forge Causes of Complaint so that His Majesty is not misinformed nor the Remonstrants unjustly traduced nor misrepresented to the King To the first Article they say that it is too general and generally untrue that Popery is a New Religion midwived into the World by the Council of Trent which ended 1563 and therefore could not be professed by the Remonstrants nor their Ancestors for 1300 Years that the Irish were at first Protestants as Bishop Vsher hath proved at large and in Henry the Eight's Reign were averse to the Papal Usurpations and consented to Laws to suppress them and generally came to Church until 13 Eliz. some of them flew off upon the Bull of Piut V. and 30 Eliz. upon the Arrival of some Spaniards shipwrackt on the Coast of Ireland the Apostasie became more common however the Recâ—sancy of coming to Church was not general until about the middle of King James his Reign But however that be this is certain that the Papists were so far from being persecuted that all Laws against them were suspended and they enjoyed a Connivance little differing from a Toleration so that even their Ecclesiastical Heirarchy publickly executed their Functions and the Clergy swarmed to that Degree that Paul Harris wrote to Pope Vrban 8ht That it was as difficult to number the Friers in Dublin as to reckon the Frogs in the second Plague of Egypt That notwithstanding the Statute of 2 Eliz. there have been ten chief Judges successively and all the inferior Judges of Irish Birth and Education that the first English Judge that came over after that Statute was Sir Robert Gardiner 29 Eliz. That several Irish Papists had commands in the Queen's Army and were Governors of Counties as the Earl of Thomond Clanrickard c. And even now at the Time of the Insurrection Papists were admitted to be High Sheriffs of Counties Justices of Peace Magistrates of Corporations Marshals upon Occasion Councellors at Law Doctors of Physick Clerks Attornies and Sollicitors c. so that none go abroad but for their Improvement as the Gentry of all Countries do or to Seminaries to become Clergymen And these Popish Natives have had their share of His Majesties Favour in dispensing of Honour several of them having been made Lords Baronets and Knights and such as were capable of it by Conformity and Education were preferred in the Church and even those that were unfit for it and were Papists were nevertheless upon an external and partial Conformity only continued in their Spiritual Dignities by Queen Elizabeth notwithstanding the Statute of 2 Eliz. Their Nobility had all the respect and priviledge which good manners and the Law gives to their Quality and by the industry and improvements of their English Tenants lived more Regularly Plentifully and Gentilely than any of their Ancestors ever did or could and that the Popish Youth were never denied admittance into any Free-School nor into the University nor any Question made about their Religion only when they come to be Graduates they must then conform to the Laws of the Land and the Statutes of the Colledge and the Answerers think that the Remonstrants have small reason to complain whilst they enjoy those Liberties and Favours which are denied to the Popish Natives of England who though less in number are much superior to the Remonstrants in Quality Loyalty and Riches But if the Laws of the Land do exclude Recusants from Offices of Trust and Honour they ought to have patience till his Majesty shall think fit to consent to a Repeal of them nay if their Oppressions were without Law their proper Remedy were by Supplication and Petition to the King and not by Murther Rebellion and Depredation To the Second they say it is an aspersion on the King for the ill choice of his Officers and is so undutiful that no Person of Honour will appear in it it was devised by the Popish Clergy and the Jesuited Lawyers who are the Firebrands of these horrible Flames which have almost consumed the Kingdom and it is notoriously false for the chief Government hath been placed either in Men of Nobility or great Estate or in Men of great Merit and in a high Station none of which ever built their Fortune on the Ruine of the Kings Subjects but some of them have been undone by the unjust clamour of the Irish who never endure long any English Governor that endeavours their legal obedience to the Crown So that of One and Twenty chief Governours successively Thirty Privy Councellors Twelve chief Judges and several inferior Judges sent out of England since the Statute of 2 Eliz. not one of them left any Estate there nor were enriched by that Service and even the Earl of Strafford paid great Sums of Mony for what he bought there whereas such of the Natives of that Kingdom as were Judges have left great and visible estates whereby it will appear who built most upon the Ruines of the Natives That the Natives became suspected and odious in England not by any scandals cast upon them but by their degeneracy and frequent Rebellions whereby Ireland whilst managed by them was always in disorder and so poor that it was a continual charge to England whereas since the management of it by English the dependancy of the People is placed in the Crown Legal Properties are secured the Irish pernicious Customs abolished Civility introduced the Kingdom improved so that it was better able to give Ten Subsidies now than one in former times Trade and Commerce increased the Revenue advanced from 8000 to 85000 l. per Annum the Laws duly administred Religion propagated the Army maintained without oppressing the Subject and a Navy kept to guard the Coasts the People are grown Rich and Numerous the breed of Cattle bettered and
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
alias Castlemore Rathgogan Bever Shandon Dofglass Ocorbelethan Kyrricurry c. and though it is manifest by innumerable Records That the Kingdom of Cork did by the Heirs General descend to Carew and Courcy who are charged in the Exchequer for the Crown-Rent of it for many Years viz. sixty Pound a piece per annum yet this Conveyance from Cogan the Heir-Mail was Pretence enough in those Times for the powerful Earl of Desmond to seize on that great Estate Richard Talbot 1440. Archbishop of Dublin was again Lord Justice and held a Parliament at Dublin Friday after the Feast of S. Dunstan at which it was enacted I. That no Purveyor or Harbenger should take any thing without Payment And if he did the Proprietor might resist II. That Comrick or Protection of Tories be Treason III. That charging the Kings Subjects with Horse or Foot without Consent is Treason IV. That the Party who desires a Protection cum clausa Volumus shall make Oath in Chancery of the Truth of his Suggestion c. But to make Provision for War Davis 52. in lieu of the former Exactions it was enacted That every twenty Pound-worth of Land should be charged with the furnishing and maintaining an Archer on Horseback This Lord Justice resigned to James Eaâ—l of Ormond Lord Lieutenant who the same Year surrendred to Lion Lord Wells Lord Lieutenant who probably did not come to Ireland but deputed James Earl of Ormond Ware de Praesulibus 170. Lord Deputy He had the Temporalities of the See of Cashel granted to him for ten Years after the Death of O Hedian and kept the Government of Ireland until William Wells 1442. Esq was made Lord Deputy to his Brother the Lord Wells Ibid. 115. In his time a Parliament was held at Dublin which sent Richard Talbot Archbishop of Dublin and John White Abbot of S. Maries to the King to represent the Miserable Estate and Condition of Ireland whereby the Publick Revenue was reduced so low Lib G. that it was less than the necessary Charge of keeping the Kingdom by one thousand four hundred and fifty six Pounds per annum And soon after James Earl of Ormond was made Lord Lieutenant 1443. and 23 Hen. 6. obtained a Licence to be absent for many Years without incurring the Penalty of the Statute of 3 Rich. 2. of Absentees and to him a Writ was sent 20 H. 6. to eject John Cornwalsh and to place Michael Griffin Chief Baron in his room because the King had granted him that Office for Life though the other had a prior Patent from Ormond This Lord Lieutenant was a fast Friend to the Earl of Desmond who probably was of his Faction against the Talbots between whom and the Butlers the Feud was so great so general and so violent that no Justice could be had or any business done for a long time because either Party as it got Advantage oppressed the other 23 Hen. 6. in Turri London pars 2. m. 12. to the utmost degree It was about this time that James Earl of Desmond obtained a Patent for the Government or Custody of the Counties of Waterford Cork Limerick and Kerry And not long after for his good Service in keeping those Counties in Peace and upon Pretence that he could not conveniently be absent from that Charge and that it was dangerous for a Man so hated by the King's Enemies as he pretended to be to travail to Dublin he obtained a Licence To absent himself during Life from all future Parliaments sending a sufficient Proxy in his stead And also to purchase any Lands he pleased by whatsoever Service they were holden of the King And this is the true Foundation and all the Grounds of that fantastical Privilege claimed by the succeeding Earls of Desmond Of not coming into walled Towns nor to Parliament but when they please And since that time this Example has been so infectious that it is no strange thing in Ireland to find a Tenant at Will pretend a Title and a Lessee to claim an Inheritance and he that has a Right to something confidently to usurp more But the Faction of the Talbots began to get Ground among the People it being in the nature of Mankind to be mutinous against an uneasie Government be the Fault where it will for the Multitude consider what they feel and cannot penetrate into the Cause or Cure of their Grievances and therefore they naturally fall upon the most obvious Remedy which is the change of the Governour In order to remove the Lord Lieutenant some of the Lords and more of the Commons petitioned the King seting forth That the Earl of Ormond was old and feeble and had lost many of his own Castles for want of Defence and therefore was not likely to maintain much less enlarge the King's Possessions in Ireland Secondly That he made such of his Irish Servants Knights of Shires as would not consent to any good Law and that he dispensed with the Absence of the Lords from Parliament for Mony Thirdly That he sent several Subjects Prisoners to O Dempsy's Castle and forced them to pay Ransom Lib. M. And therefore they desired he might be superseded and at length prevailed to have it so although the Bishop of Cork and Cloyne the Dean and Chapter of Cork the Corporations of Cork and Youghal the Lords Barry Roch and others gave a full Testimonial of the great Services the Earl of Ormond had done And John Talbot 1446. Earl of Shrewsbury was not only made Lord Lieutenant but also on the seventeenth of July 24 Hen. 6. the King granted to him the City and County of Waterford and the Dignity and Stile of Earl of Waterford together with Jura Regalia Wreck c. from Youghal to Waterford because that Country is wast Et non ad proâ—icuum sed ad perditum nostrum redundat And the Patent is Per breve de Privato Sigillo authoritate Parliamenti This Lord Lieutenant held a Parliament at Trim 1447. on Friday after the Epiphany at which it was enacted I. That any Officer may travail by Sea from one Part of Ireland to another without forfeiture or any where with Licence II. That no Toll or Customs shall be taken in High-ways but only in Cities and Towns according to Right on Pain of paying twenty Shillings for every Peny III. Every Man must keep his Upper-Lip shaved Repealed 11 Car. 1. cap. 6 or else may be used as an Irish Enemy IV. If any Irishman that is denized Repeal ibid. kill or rob he may be used as an Irish Enemy and slain by this Act appears the Inconvenience of those Denizations V. Against unlawful coyn Repeal ibid. O Reyly's Mony clipt Mony and gilt Harness or Armour VI. That the Sons of Husbandmen and Labourers shall follow their Fathers Calling or Occupation VII That Lords of Parliament in Pleas Real or Personal shall not be amerced more than others VIII To
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
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
Confederates and that Goods recovered he restored to the right Owners and that all who assist or favour the Enemies or stand Neuter be Excommunicated and that all Invaders of any Irishman's Property be Excommunicated and that those Excommunicated shall be excluded from Confession and Sacrament and that Importers or Makers of Arms Powder c. shall pay no Taxes and that in the next Congregation Embassadors be appointed to be sent to the Pope the Emperor and the Kings of France and Spain and that a Clergyman or a Lawyer be of the Quorum in every Embassie and that part of the Church-Livings be given to the Clergy and the rest to support the War and that Two Confessors and One Preacher be appointed for every Regiment c. And afterwards viz. on the Twenty fourth of October there was a General Assembly of the Lords Spiritual and Temporal and others the Representatives of the Confederates at Kilkenny and they likewise made many Ordinances mention'd at large Burlace Appendix 8. which are to this effect That the Popish Church in Ireland shall enjoy all Privileges according to Magna Charta and that the Common Law of England and all Statutes not inconsistent with the Freedom of Religion and the Liberty of the Subject be of force That Allegiance shall be continued to the King and His Prerogatives supported That the Law shall be executed as well as the Circumstance of War and the Absence from Dublin will permit That a Supreme Council of Twenty four be establish'd whereof Twelve constantly to reside and One of them to be President and Nine to be a Quorum of which Seven must concur to make any Vote obligatory and if a greater Number be present Two thirds must agree This Council shall have Authority over all Officers Civil and Military shall name Sheriffs Supreme Provost-Marshals c. and may do any thing for the Advantage of the Cause and determine Causes Capital and all other Matters except Title of Land and shall have a Guard of Five hundred Foot and Two hundred Horse That there be also Provincial and County Councils the former may receive an Appeal from the latter and may try Causes as Judges of Assize and Gaol-delivery use to do but must not meddle with Title of Land except Dowers and Jointures And the County Council shall have the Power of Sessions of Peace and an additional Authority to determine Personal Actions That the Sheriff in every County be Provost-Marshal and may execute any Man not worth Five pounds for any Capital Offence giving the Offender Twenty four Hours time to prepare his Soul And that no Temporal Government or Jurisdiction shall be assumed kept ☞ or exercised in this Kingdom or within any County or Province thereof during these Troubles other than is before expressed except such Jurisdiction or Government as is or shall be approved by the General Assembly or the Supreme Council And that every body quit the Possessions he hath wrongfully gotten and to avoid Debate that all Estates continue as they were possess'd for Three years last past unless the Title be determin'd or redeem'd and that to avoid all Distinction of Nation any British Papist that was so before this War and will come and reside in Ireland shall be privileg'd in a Third part of the Publick Taxes And that no Distinction or Comparison be made between Nations Provinces or Towns and that all New Converts be esteemed as Catholick Natives and that an Inn of Court be erected here and that Cess and Coyn and Livery be punish'd And no Soldiers shall be paid or relieved by the Country but such as are in the Marshal's List and none to be Billetted but by the Constable And that Free-Schools be erected in every Province And that the King's Revenue and the Enemies Rents be collected and dispos'd of by the Provincial or Supreme Council for His Majesty's Use and Service And that Popish Impropriators may retain their Tythes till that Matter be setled in Parliament And that there be Collectors of Publick Money in every County And that the Popish Wife of an Enemy shall have her Jointure and sue and be sued as if her Husband were naturally dead ☞ And that the Possessions of the Protestant Clergy in Right of the Church shall be deemed the Possessions of the Catholick Clergy And that no Man imprison'd by one Council shall be inlarg'd by another And that no Protection be given to the Enemy or their Servants with-without special Order That Merchants and their Ships be protected in their Importations and that Commissioners be appointed in every Port to view the Arms and Ammunition that shall be imported and to certifie the same to the Supreme Council That Fugitive Soldiers be sent to their respective Commanders That the Estates of Neuters and Enemies do first pay their Debts to any of the Confederates before any of it be put into the Publick Stock and that no Soldier meddle with an Enemies Lands or Goods without Order And lastly That the * * Append. 14. Oath of Association be taken solemnly after Confession and the Sacrament in the Parish-Church and the Names of all Persons of Rank and Quality that take the same to be enroll'd The Assembly did also 25 October order Proclamation to be made to invite all the Adherents of the English of what Nation soever to come from them over to the Confederates by the Last of November and 27 October they ordered a Seal to be made and 28 October they appointed a Committee to inquire how Money and Ammunition come from Foreign Parts hath been disposed of and that Mr. Baron bring in Writing the Propositions and Messages from Foreign Parts to him committed by the Pope's Nuncio and others and 29 October they appoint Auditors of the Account of Moneys received and what hath been made of Protestants Rents Goods or Chattels and that the Enemy be not called Protestants or English but the Puritanical or Malignant Party and 30 October they order That no Man be privileg'd from Contributing to the Maintenance of the Catholick Army On the First of November they appointed the Lords of Castlehaven and Gormanstown Doctor Fennell Colonel Dermond O Bryan Sir Lucas Dillon Sir Phelim O Neal Thomas Burk Richard Martin Feigh O Flin Richard Beling Adam Cusack James mac Donell Patrick Crelly Rory Macguire Patrick Darcy and all the Lawyers to prescribe a Form of Government And 2 November they order Philip Hore to Account for 120 l. received of the Gentry of the County of Dublin to buy Arms And 4 November That the Prelates enjoyn the Priests to administer the * * Append. 14. Oath of Association to every Parishioner and to take his Subscription thereunto And 11 November That the Supreme Council shall manage the Admiralty And 13 November That the next Assembly shall be on the Twentieth of May next unless the Supreme Council find cause to convoke it sooner and that Thirty thousand Pounds be levied on Leinster by
World upon whose Loyalty and Conduct in the Affairs of Ireland His Majesty did most depend But there is yet a greater Mystery in the matter and it was thus Whilst Ormond was in England the Scots * Earl of Lanerick Earl of Lauderdale 〈…〉 Commissioners finding what usage was design'd to the King did endeavour to retreive the Honour of their Nation by doing something extraordinary in his Favour and the Presbyterians every where finding the prevailing Independents did despise the Sanctity of the Covenant and the Supporters thereof began to be Alarm'd so a proper Juncture of doing Service to the King was suddenly expected hereupon Ormond by the Kings Order met the Scotch Commissioners near Marlow and they for Scotland and he for Ireland undertook to promote His Majesties Service and in order to it he went to France and so into Ireland to prosecute this Design and not in Answer to the Irish Ambassy as they sancied and the same Reason prevailed upon Insiquin to joyn with him and it was pursuant to this Treaty that the Earl of Lanerick then Duke Hamilton invaded the Kingdom of England But as soon as the Parliament Commissioners in Ireland understood 27th July that the Marquiss of Ormond intended to return to that Kingdom they did all that was possible to prevent his Design and upon bare Suspicion seized upon Sir Maurice Eustace Sir John Gifford Sir Francis Willoughby Colonel William Flower the Lieutenant Colonels Ryves Capron and Smith Major John Stephens and Captain Peirce and kept them Prisoners in the Castle for some days and then sent them in Custody to Chester and they also kept Sir Thomas Lucas and Colonel Byron Prisoners at Tredagh As for the Military Motions this Year tho' they were not many nor in many Places Munster being entirely quiet and very little either of Leinster or Ulster disturbed yet they may be esteemed very considerable because they were between the Irish themselves for Insiquin had managed his Affairs so prudently by assisting the weaker side and the Nuncio had Acted so rashly in Excommunicating the Supream Council and their Adherents that Owen Roe and Preston and their Followers were engaged in as * Quod quidem ille acrius quam unquam fecerat in communes Religionis Regni hostes in Confederatos presecutus est Beling 118. fierce and as spiteful a War as any that had been since the Rebellion broke out so that Preston assisted by the Marquiss of Clanrickard took Athâ—one and besieged Athy and Insiquin in favour of the Supream Council besieged Fortfalkland and tho' Owen Roe came to relieve it and posted his Army so advantagiously between Insiquin and Munster that the English had certainly been starved if the generous Bounty of the Marquiss of Clanrickard had not supplyed them with Necessaries yet at length Owen Roe was forced to a retreat not much different from a Flight and the Fort was surrendered to Insiquiâ— and with these Losses November and this Disgrace Owen Roe was so netled that he ravaged over the whole County of Roscomon and took Jamestown and so obstinately Stormed Carigdrumrusk that Rory Macguire and most of his Regiment were there slain and in revenge of it the Garison being all Papists were put to the Sword And by this Campaign Owen Roe was so weakned that he offered a Cessation to Colonel Jones and to carry his Army to Spain if Jones would give him Liberty to do so And it seems That the Marquiss of Antrim had some Highlanders in the Counties of Wicklow and Wexford which being joyned with the Birnes and Cavenaghs who were of the Nuncio Faction and rejected the Peace gave such Disturbance to the Supream Council that they were fain to send Sir Edmond Butler and Sir Thomas Esmond to suppress them which at last they effected tho' not without considerable Slaughter on both sides In the mean time Jones took Ballysannon Nabber and Ballyho and many of the Scots being gone to assist Duke Hamilton's Invasion of England Colonel Monk by the means of Sir Price Coghrun and Lieutenant Colonel Cunningham surprized Carigfergus and in it Monroe September whom he sent Prisoner to London and then had an easie Conquest of Belfast and Colerain and Sir Charles Coot had no very hard one of the Fort of Culmore and for those good Services the Parliament Presented Colonel Monk with 500 l. and made him Governour of Carigfergus But in November the Irish Ambassadours to the Pope returned to Ireland and brought with them abundance of Relicks but no Money Beling 196. as may be easily gathered from the following Letter from Sir Richard Blake to Sir Robuck Linch Sir THIS day the Lord Bishop of Fernes and Mr. Plunket gave an account of their Negotiation to the House they made a full Representation to his Holiness of the desperate Condition of the Kingdom that without present and good Supplies which they expected from his Holiness there was no hope of the Preservation of the Catholick Religion or Nation That his Holiness was bound in Justice to do it his Nuncio here having in a General Assembly of the Confederates undertaken That the Sum promised Sir Kenelm Digby for the Wars of England upon good Conditions for Catholicks would be applied to the Service of the Catholick Confederates of Ireland but after four Months attendance their Answer was there being no Intelligence then of our Distance or Divisions with the Lord Nuncio or Owen O Neal That his Holiness hath sent by the Dean of Firmo a considerable Help unto us and that he had no account how that was disposed of That the Turks were in Candia and threatened Italy That there was great Scarcity of Corn in Rome and the adjoyning Territories and that a great Sum of Money must be issued to satisfy the Commoners That his Predecessor Pope Urban had left the Treasury empty and the See deeply charged with Debt That the Cardinals and others who had Pious Intentions to advance our Holy Cause were Poor and hardly able to maintain their own Ports so that nothing could be expected from them And for the Conditions the Agents expected from his Holiness for Religion upon our Treaty with the Queen and Prince he said that it was not proper for the See Apostolick to grant any Articles to Hereticks though it be true that Catholick Princes in Germany and other Kingdoms do it As for the Nuncio's Engagement That the Catholicks of Ireland should be Supplied by his Holiness in their Maintenance of the War that he had no such Commission though it was true that his Holiness would give Money for Conditions of Religion but none upon the Event of War Our Agents heard not of our Disunion and Raptures in this Kingdom until after their taking leave of his Holiness and then when the same was known and published in Rome they heard from some eminent Persons That what his Holiness was resolved to give for our Support he knew not to what Party he
the want of Provisions in the Navy his Highness did also raise some Forces which he sent to the Relief of Scilly and he also sent a Bill of 5000 Pistols to the new King Hereupon the Parliament sent their Sea-Generals Blake and Dean to block up this Fleet in Kinsale-Harbour which they did effectually all the Summer and took the Guinny-Frigot that was abroad and tho' the Prince did in person sollicite Waterford Cork and other Sea-ports for Assistance to sit out some Fire-ships yet at length it was resolved rather to let the Winter Storms remove the Enemy than to encounter them at so great disadvantage especially since the Prince could not be sure of his Men of whom so many deserted daily that it was found necessary to hang up ten of those Straglers for a terrour to the rest In the mean time Owen Roe sent a Message to his Highness That since he and Ormond had drawn and tasted of each others bloud he would never joyn with the Marquess but if his Highness would take the Command of the Kingdom he and all his would readily submit to One of the Bloud Royal. But this was counted a Complement which the Proposer knew the Prince could not accept of however it occasion'd that Capt. Leg was sent to hasten the King into Ireland but his Ship being taken he was for a long time imprison'd at Plimouth and by a Court-Martial condemn'd to die In the mean time the Prince was in great straits for all Necessaries and tho' he contracted his charge to the well Manning of four Frigats only besides his Flag-Ships yet there being no Supply from abroad Want over-took him even in this narrow Model and Reducement so that he was forc'd to rely on what his own personal Interest or Love to his Majesty's Cause could in so tottering a Conjuncture perswade People to lend And it was at this time that the Generous Loyalty of a private a Robert Southwell Esq Gentleman of Kinsale did signalize itself in furnishing the Prince with a considerable quantity of Provisions without which his Highness could not have gone to Sea and altho' at this time when Munster was meditating a Revolt to Cromwell which it soon after accomplished this action was of dangerous consequence to the Gentleman that did it yet he survived that danger and lived to be well considered for this Service by the Act of Settlement and as Marks of his Majesty's favour to be made one of the Council of Munster and Vice-Admiral of that Province and the Prince being enabled thereunto by these Supplies put to Sea and got safe to Lisbon But it is time to return to the Second Accident which I mentioned and that was The Departure of the Nuntio which happened in this manner The General Assembly of the Irish having approved of the Cessation with Insiquin and being exceedingly troubled at the Excommunication which the Nuntio had fulminated against all the Adherents thereunto and consequently against themselves they did not only imploy an Agent to prosecute their Appeal to the Pope but did also on the 19th of October write a Letter to the Nuntio then at Galway which Letter was signed by their Speaker and ordered him to withdraw out of the Kingdom at his peril and in it was enclosed a Schedule of Greivances occasioned by him and whereof they intended to impeach him to the Pope Tanquam qui huic parricidio occasionem dedissâ—t Beling 173. and it was also accompanied with a severe Declaration against all those that should correspond with his Reverence Whereupon finding that he had been one unhappy Cause of the King's Murder says Mr. Beling he took Ship at Galway on the 23d of February and returned to Rome where he was blamed by the Pope for acting so b Lemerarie se gesisti rashly Nevertheless the Irish could not be absolved from his unjust Excommunication for making a Truce with Insiquin P. W. Remonstrance 592. until they had done Penance in Forma Ecclesiae Consueta which imports an acknowledgement of the Crime But tho' the Nuntio was gone yet he had left Own Roe and his Army behind to support his Faction who together with the Marquess of Antrim did oppose the Peace because the six escheated Counties in Ulster were not restor'd to the old Irish Beling 165. and with these sided a Multitude of Fryers who railed against the late Peace and the scandalous Expulsion of the Nuntio and threatned inevitable Damnation to all those that should take part with the Lord-Lieutenant whereby the Peace became of little use to the King or advantage to his Affairs even whilst the Bishops and Secular Clergy adhered to it which was not long But on the 9th of March the King by his Letter from the Hague confirm'd the late Peace and ordered a new Great Seal to be made and to be disposed of to whom the Lord-Lieutenant should think fit and appointed the Lord of Insiquin to be Lord-President of Munster and the Marquess of Clanrickard to be Lord-President of Connaught if the Lord-Lieutenant find it convenient And thus ended the Year 1648. The Year 1649 opened with a Vote in the Parliament of England 1649. of the 28th of March That Oliver Cromwell should be General of all their Forces then in Ireland or that should be sent thither and accordingly he prepared dilligently for that Expedition But because besides his there were four other distinct Interests and Armies in that Kingdom viz. the King 's the Presbyterians the Supreme Council's and Owen Roe's it is necessary to treat of them separately to prevent confusion and that the Reader may the more clearly penetrate into the Intreigues of this Campaign And we will begin with the King 's both because it was his and because it was the most numerous and most considerable that of the Supreme Council being united unto it by vertue of the late Peace and many of the Presbyterians under the Lord of Ards falling into it afterwards it consisted of 3700 Horse and 14500 Foot under the Command of the Marquess of Ormond the Lord of Insiquin was Lieutenant-General of it and the Earl of Castlehaven was Lieutenant-General of the Foot and the Lord Taaf was Master of the Ordnance and thus composed part of this Army rendezvouz'd at Cashell on the 3d of May from whence Castlehaven was detach'd with a Party which took Rheban Maryburgh and Althy from Owen Roe's Souldiers with considerable slaughter and that being done it met at Cloghgrenan on the 26th of May and marching forward took Castle-Talbot Kildare Castlesalagh and Castlecarbry and on the 14th of June encamped at Naas And having rested two or three days they marched to Finglass and encamped there on the 18th of June and on the 19th a detached Party drew nearer Dublin and with some loss skirmished with the Enemies Horse and then return'd to Finglass and there Ormond received and dispos'd into convenient Quarters a great number of Papists whom Collonel Jones to
be duly examined and it will be found that their Sentence is most unjust So that as their Tribunal is usurped their Judgment is Erroneous And as to the Preamble Concerning their Motives of taking up Arms in the Year 1641 The Answer to the Preamble we shall say nothing But since they begin so high with their Narrative as the Year 1641 it will not be amiss to mind them that betwixt that and the Year 1648 there was by Authority from his Majesty and our Ministration several Cessations and at length a Peace concluded with the Confederate Roman-Catholicks in the Year 1646 which Peace was shamefully and perfidiously violated by the Instigation and Contrivâ—ment of most part of these Arch-Bishops Bishops Prelates and others of the Secular and Regular Clergy and that not in slight and strained Particulars such as We are now charged with by them but by coming with two powerful Armies before the City of Dublin upon no provocation from Us unless they esteemed the continuance of a Cessation for about three Years with them and the bringing them a Peace to their own Doors such a Provocation as deserved their bending their united Power against Us leaving other Parts that neither had nor would have Peace or Cessation with them unmolested and at liberty to waste their Quarters whilst they devoured Ours and sought our Ruin This is a particular blotting their Name and Memory with the everlasting Infamy of Perfidy Ingratitude and undeniable Disloyalty They have reason to leap over their Preamble lest they should awaken the Curses of those Multitudes of People who being seduced into so horrid a Violation of Publick Faith by their impious Allurements and hellish Excommunications are thereby become desolate Widows helpless Orphans and miserable Exiles from the Place of their Birth and Sustenance True it is that his late Majesty and his now Majesty then Prince of Wales overcoming their just Indignation with a pious compassion of their seduced People commanded Us over to treat and conclude a Peace with the Roman-Catholicks of this Kingdom In obedience whereunto and in humble imitation of their great Example forgetting the ungrateful usage We had met with We undertook the hazard of that Voyage and at length concluded the Peace in this Preamble mentioned We are unwilling to say any thing that might seem to lessen the Loyalty and Affection of the Assembly that concluded the Peace Nor is it to that End that We shall answer to those Men that though his then Majesty was in restraint and his now Majesty and his Royal Mother not in condition to send Supplies and Relief into this Kingdom yet there wanted not apparent Motives of Advantage to induce the Roman-Catholicks to consent to the Peace which was thankfully acknowledged by a more Authentick Representative of the Nation than these Arch-Bishops Bishops c. and even by as many of them as really or from the Teeth outward for such we find now there were that consented to it Upon what Conditions the Confederate Roman-Catholicks could have agreed with those in this Declaration called the Parliament of England we know not nor do believe they are able to prove their Assertions if they be put to it Though if it should appear it were not to be wondred at that Usurpers and such as make almost as little Conscience of breaking Public Faith as these Declarers are more liberal in the Dispensation of their unlawful Acquirings by way of Brokeage than a just Monarch whose Purpose it is to keep as well as it is in his Power only to grant Conditions to a People in the State the said Confederates were in Next in their Preamble they say That after the concluding of the Peace the Catholick Confederates came sincerely and cheerfully under his Majesty's Authority in Us plentifully providing vast Sums of Money well nigh half a Million of English Pounds By which they seem to insinuate first That all the Roman Catholicks of Ireland came thus cheerfully under his Majesty's Authority whereas Omen O Neil with his whole Army and divers of the County of Wickloe with others were and continued in Rebellion long after the Conclusion of the Peace as is well known to many of the Declarers who were of their party as also that our first Work was to reduce places held by them lying in our way to Dublin as Mariburough-Athy c. They mention next after their providing plentifully vast Sums of Money adding also these Words viz. near half a Million of English Pounds to have it believed we were set forth with such a Sum and all the following Provisions of Corn and Ammunition though it is notoriously known that for all the half Million of English Pounds the Army we had brought together could not march from about â—loghgregan till upon our private Credit we had borrowed eight hundred English Pounds of Sir James Preston which is yet owing him and for which we have lately written to you to see him satisfied by means whereof and of a little Meal not yet paid for neither as we believe we took in Talâ—olstown Castle-Talbot and Kildare But there our Money and Meal failing us and having borrowed about one hundred Pounds from twenty several Officers to give the Souldiers Sustenance we were forced to stay on the West-side of the Liffy and thereby lost an Opportunity of engaging Jones who with a much less Force than ours was drawn forth of Dublin as far as Johnstown And in what continual Want the Army was from our setting forth even to the Defeat at Rathmines being about three Months is so notoriously known having during all that time been very meanly supplied in Money and that in small inconsiderable Sums as by the Receiver-General's Accompts may appear that if we be to be blamed it is for undertaking an Expedition so meanly provided and which we can only answer with the Necessity of attempting Dublin and those parts before they should receive Supplies out of England and upon Discovery destroy such as were faithful to his Majesty and importuned us daily to advance For Magazines of Corn Ammunition and Materials for War the Stores we found so inconsiderably furnished or rather so absolutely unfurnished that till we with the Assistance of the Commissioners procured some Supply thereof in Waterford Limerick and Kilkenny it was not possible for us either to reduce the Fort of Mariburough and Athy held by Owen O Neil's party nor to march as we did towards Dublin And for Ammunition we were forced to bargain with Patrick Archer and other Merchants for a Supply thereof engaging the King's Customs and Tenths of Prizes else that want of Ammunition had absolutely hindred our March nor is the said Archer yet satisfied for his Ammunition The Truth of this is referred to the Knowledg of many a Viz. Loghreagh there met who can witness with us herein and in many other Distresses and Difficulties we met with for want of Money which we cannot call to mind How much