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A35238 The history of the kingdom of Ireland being an account of all the battles, sieges and other considerable transactions both civil and military, during the late wars there, till the entire reduction of that countrey by the victorious arms of our most gracious soveraign, King William : to which is prefixed, a brief relation of the ancient inhabitants, and first conquest of that nation by King Henry II, and of all the remarkable passages in the reign of every king to this time, particularly the horrid rebellion and massacre in 1641, with the popish and arbitrary designs that were carried on there, in the last reigns / by R.B. R. B., 1632?-1725? 1693 (1693) Wing C7335; ESTC R21153 121,039 194

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with the Nuncio's and Clergies Party though most irreconcileable Enemies to the English Crown and Interest might have been allowed of by his said Majesty upon the Marquesses undertaking to imploy the Credit he should thereby gain amongst them to dispose them at least to forbear that violent opposition to all Overtures tending to the Reduction of the Irish Confederates to their Obedience and to the Assistance of his late Majesty It cannot be rationally supposed as we humbly conceive but that the Reason and End of the Marquess's Compliance would either by his late Majesty for the better Management of the affair or by the Marquess himself for his Security and Exeneration have been made known to me the Lord Lieutenant the Marquess having frequent opportunity to do it The conclusion of this point is that as the Marquess his constant opposition to all the Motions of Peace set on foot by virtue of authority derived from his late Majesty hath been made apparent to us by sufficient proofs So it is clearly manifested by his taking the Oath of Association a Copy whereof is here inclosed and that by the Administration of those who when they had by his Assistances prevailed in the Breach of the Peace and of the publick Faith of the Confederates assumed to themselves in the year 1646. the Government of that Party under the Name of a Supream Council as also by his becoming one of that Council and Signing severe Letters and Instruments whereof some were directed to me the Lieutenant and all this without any Correspondence with me or the least private intimation that his purpose in those his proceedings had any Authority from his Majesty or any respect to his Service And as to the third the two last mentioned particulars do seem to us to manifest that the Marquess's Case as it stands stated in these Letters is not the whole state of the Case seeing those Material things are omitted therein which w● have before expressed which indeed we should willingly have forborn if our silence could have consisted with the Duty which we owe to his Majesty and to the Settlement of this Kingdom and to that which we humbly conceive is expected from us by his Majesty For there is now and hath been for above a Month last past under our Consideration here the Draught of a New Act to supply those Defects in the present Act of Settlement which experience hath manifested to become absolutely necessary to be remedyed in order to the General Settlement of this Kingdom and it is most evident that if the said Marquess shall be declared Innocent and that in so extraordinary a way as it would be contrary to the Act of Settlement being the Publick and Fundamental Security of Mens Estates so it would have this further operation that the end of that intended Act for gaining of Reprizals for the Estates of justly Restorable Persons such as his Majesty by his Gracious Declaration was pleased to acknowledge himself obliged to provide for will become in an high Degree disappointed and what general Mischiefs and Inconveniences may hereupon follow to the Settlement of the Kingdom ingeneral is very apparent When we had thus far proceeded in Our Letter a Petition of the Adventurers and Souldiers and their Assigns concerning the Estate formerly belonging to the said Marquess was exhibited at this Board which being read before us we find it to contain such matters concerning the Marquess of Autrim as we humbly conceive are necessary upon this occasion to be made known to his Majesty and therefore do esteem it our Duty to exhibit it to his Majesties Review and Royal consideration all which we Humbly submit to his Majesties excellent Judgment and we desire you to move his Majesty for a Signification of his good pleasure herein to us his Servants as speedily as with convenience may be if his Majesty in his Wisdom shall so judge fit and so we remain from the Council Chamber at Dublin July 31. 1663. Your assured loving Friends Ormond Maurice Eustace Chancellor James Dublin Ossory Shannon Dungannon Hen. Midensis Mich. Cork William Lawfield Rich. Coot Hev Tickburn Rob. Forth James Ware George Wentworth Robert Merideth Theoph. Jones Thomas Clergiss To the Right Honourable Sir Hen. Bennet Knight his Majesties Principal Secretary of State But what effect this Letter had and what the Marquess of Antrims true Case was appears by the following Letter which fully states the same Dublin Aug. 22. 1663. EVer Honoured Sir Last Thursday we came to Tryal with my Lord Marquess of Autrim but according to my Fears which you always surmised to be in vain he was by the King 's Extraordinary and Peremptory Letter of Favour restored to his Estate as an Innocent Papist We proved eight Qualifications in the Act of Settlement against him the last of which made him uncapable of being restored as Innocent We proved 1. That he was to have a Hand in Surprizing the Castle of Dublin in the Year 1641. 2. That he was of the Rebels Party before the 15th of September 1643. Which we made appear by his hourly and frequent Intercourse with Renny O Moore and many others being himself the most notorious of the said Rebels 3. That he entred into the Roman Catholick Confederacy before the Peace in 1643. 4. That he constantly adhered to the Nuncio's Party in opposition to his Majesty's Authority 5. That he sate from time to time in the Supreme Council of Kilkenny 6 That he signed that execrable Oath of Association 7. That he was commissionated and acted as Lieutenant General from the said Assembly at Kilkenny 8. That he declared by several Letters of his own penning himself in conjunction with Owen Ro Oneal and a constant Opposer to the several Peaces made by the Lord Lieutenant with the Irish We were seven hours by the Clock in proving our Evidence against him but at last the King's Letter being opened and read in Court Rainsford one of the Commissioners said to us That the King's Letter on his behalf was Evidence without exception and thereupon declared him to be an Innocent Papist This Cause Sir hath tho' many Reflections have passed upon the 〈…〉 more startled the Judgments of all Men than all the Tryals since the beginning of their sitting and it is very strange and wonderful to all of the Long Robe that the King should give such a Letter having divested himself of that Authority and reposed the Trust in Commissioners for that purpose And likewise it is admired that the Commissioners having taken solemn Oaths to execute nothing but according to and in pursuance of the Act of Settlement should barely upon his Majesty's Letter declare the Marquess Innocent To be short ●●ere never was so great a Rebel that had so much Favour from so good a King And it is very evident that the Consequence of these things will be very bad and if God of his extraordinary Mercy do not prevent it War and if possible greater Judgments
are perswaded that whatever Intelligence Correspondence or Actings the said Marquess had with the Confederate Irish Catholicks was directed or allowed by the said Letters Instructions and Directions and that it manifestly appears to them that THE KING OUR FATHER WAS WELL PLEASED WITH WHAT THE MARQUESS DID AFTER HE HAD DONE IT AND APPROVED THE SAME This being the true State of the Marquess his Case and there being nothing proved upon the first Information against him nor any thing contained against him in your Letter of March 18 but that you were informed he had put in his Claim before the Commissioners appointed for executing the Act of Settlement and that if his Innocency be such as is alledged there is no need of Transmitting such a Bill to us as is desired and that if he be Nocent it consists not with the Duty which you owe to us to transmit such a Bill as if it should pass into a Law must needs draw a great prejudice upon so many Adventurers and Soldiers which are as is alledged to be therein concerned We have considered of the Petition of the Adventurers and Souldiers which was transmitted to us by you the Equity of which consists in nothing but that they have been peaceably in Possession for the space of seven or eight Years of those Lands which were formerly the Estate of the Marquess of Antrim and others who were all engaged in the late Irish Rebellion and that they shall suffer very much and be ruined if those Lands should be taken from them And we have likewise considered another Petition from several Citizens of London near sixty in number directed to our self wherein they desire that the Marquess his Estate may be made liable to the payment of his just Debts that so they may not be ruined 〈◊〉 the Favour of the present Possessors who they say are but a few Citizens and Soldiers who have disbursed very small Surns thereon Upon the whole matter no Man can think we are less engaged by our Declaration and by the Act of Settlement to protect those who are Innocent and who have faithfully endeavoured to serve the Crown how unfortunate soever than to expose to Justice those who have been really and maliciously Guilty And therefore we cannot in Justice but upon the Petition of the Marquess of Antrim and after the serious and strict Inquisition into his Actions declare unto you That WE DO FIND HIM INNOCENT FROM ANY MALICE OR REBELLIOUS PURPOSE AGAINST THE CROWN and that what he did by way of Correspondence or Compliance with the Irish Rebels was in order to the Service of our Royal Father and warranted by his Instructions and the Trust reposed in him and that the Benefit thereof accrued to the Service of the Crown and not to the particular Advantage and Benefit of the Marquess And as we cannot in Justice deny him this Testimony so we require you to transmit our Letter to our Commissioners that they may know our Judgment in this Case of the Lord of Antrim and proceed accordingly And so we bid you heartily farewel Given at our Court at White-Hall July 10. in the 15th Year of our Reign 1663. By his Majesty's Command HENRY BENNET To our Right Trusty and Right intirely well-beloved Cousin and Counsellor James D. of Ormond our Lieutenant General and General Governour of our Kingdom of Ireland and to the Lords of our Council of that our Kingdom Entred at the Signet Office July 13 1663 Soon after the following Answer of the D. of Ormond and the Irish Privy Council to the foregoing 〈◊〉 was sent to Sir Henry Bennet Principal Secretary of State On the 20. I the Lord Lieutenant received His Majesty's Letter of July 10. concerning the Marquess of Antrim which I imparted to the Council upon reading whereof at this Board we observing that though in several other matters relating to the proceedings of His Majesty's Commissioners appointed for executing the Act of Settlement his Majesty vouchsafed to direct this Letter to the Commissioners Yet that those Letters concerning the Marquess of Antrim are directed to us the Lieutenant and Council requiring us to Transmit the same to the Commissioners that they may know His Majesties Judgment in the Case of the Lord Antrim as it stands stated in those His Majesties Letters and proceed accordingly We hence gathered that His Majesty did judge it fit that those His Letters for the Marquess of Antrim should be directed to us to the end that if we his Majesties Servants here upon the place should find more in the Marquess of Antrims Case than are in those Letters taken notice of either in relation to his Majesty or his Affairs then in such Case we might Humbly Represent the same to His Majesty And as it was the Use and Custom here in former Times and particularly in the Times of his Majesty's Royal Father of Blessed Memory That if any Directions came from the King which in the Execution thereof might occasion inconveniencies to his Majesties Service the same was stay'd until the matter was by the Chief Governor here Humbly Represented to the King So it is also agreeable to his Majesties Instructions to me the Lord Lieutenant particularly in things relating to his Majesty's Revenue which likewise is the present Case For his Majesties Revenues are like to be hereby much lessened and moreover it is agreeable likewise with his now Majesties gracious pleasure signified thither by the Lords of His Majesties most Honourable Privy Council by their Letters of Aug. 12. 1661. directed to the late Justices and Council wherein it was declared That his Majesty and the Lords of the most Honourable Privy Council were well assured of a Demur the said Justices and Council had made upon Letters from His Majesty and their Forbearance to proceed thereupon till they should receive His Majesties further pleasure And therefore upon full consideration thereof had at this Board we humbly conceive that it is our Duty to His Majesty to defer for some time the Transmitting the said Letters to the said Commissioners till we shall have Represented to His Majesty that which appears to us here which it seems was not made known to His Majesty or those Lords of the Privy Council to whose consideration his Majesty refer'd the Marquess of Antrims Petitions mentioned in his Majesties Letters We observe that his Majesties said Letters seem to be grounded on these particulars 1. That after many Months Attendance here and as his Majesty is pleased to declare that he presumes that after such examinations as were requisite the Marquess of Antrim was dismissed hence without any Censure and without Transmitting any Charge against him to his Majesty and nothing proved against him on the first Information nor any thing contained against him in our Letters of March 18. 2. The Report made by these Lords of His Majesties most Honourable Privy Council to whom his Majesty refer'd the Consideration of the Lord of Antrims Petitions 3. That the Marquesses