the Pale from appearing at Dublin and forc'd them to defend themselves however they sent his Majesties sworn Servant Lieutenant Collonel Read to represent their Case to his Majesty but he was not only stopped but also Racked at Dublin 10. That the Lord President of Munster by direction of the Lords Justices that Province being quiet put to death Men Women and Children without distinction and mistrusted and threatned the Catholick Nobles and Gentry and Arm'd inferior fellows and the Province of Conaught was used in like manner so that in these Provinces the Catholicks were forc'd on their defence still waiting his Majesties Pleasure and ready to obey his Commands whilst the Lords Justices c. were busie by Addresses to the Malignant Party in England to deprive the Irish of all hopes of his Majesties Justice and Mercy and to plant a perpetual enmity between the Enemy and them 11. That whereas Ireland since the Reign of Hen 2. hath had its own Parliament with equal Power Priviledges c. to that of England and only dependant on the Crown in all which time there is no President that a Statute made in England had any force in Ireland until Enacted there Now by false suggestions an Act of Adventurers 17 Car. hath past in England whereby the Irish unsummon'd and unhear'd are declared Rebels and two Millions and a half of Acres of their Land dispos'd of which Act tho' forc'd on his Majesty and in it self unjust and void yet continues of evil consequence and extream prejudice to his Majesty and totally destructive to the Irish Nation for tho' the scope seems to aim at Rebels only yet the words include all the Irish and takes away many of his Majesties Tenures and much of his Revenue and therefore they protest against it as an Act without President and against the Kings Prerogative and the Fundamental Laws of the Kingdom and by colour whereof the Protestant Army disavow his Majesties Authority and depend on the Parliament 12. That strangers in Dublin being banish'd thence by Proclamation were by direction of the Lords Justices pillaged as soon as they got without the Town and what they left in the Town was confiscated and their desire to return under Protection was denyed that Catholicks quiet and under Protection were by the Lords Justices Order sooner destroy'd plundered or killed than those in Action and Quarter daily violated and others that came to Dublin for retreat and shelter were Imprisoned and Tryed for their Lives and Dublin Cork Youghall Kinsale and Tredagh that opened their Gates to his Majesties Forces are worse us'd than the Israelites in Egypt so that it will be made appear that more murthers breaches of publick Faith and Quarter more destruction and desolation and more cruelty not fit to be nam'd were committed in less than Eighteen Months by the direction and advice of the Lords Justices and their Party of the Council than can be parallel'd to have been done by any Christian people 13. That the Lords Justices have against the fundamental Laws procured several Sessions of Parliament tho' Nine parts of Ten of the genuine Members are absent it being inconsistent with their safety to come under the Power of the Lords Justices and in their room are Clerks Soldiers and Serving-men introduc'd into the House of Commons not at all Elected or not Legally Chosen and not having Estates however they have made Orders and releas'd Traytors Impeach'd in full Parliament and passed or might have passed some Acts against Law and prejudicial to his Majesty and the Nation and have also kept Terms only by false and illegal Judgments and Outlaries to Attaint many thousand good Subjects without Summons or Notice and obscure Men are made Sheriffs and Servants and Mechanicks are made Jurors to pass upon the Lives and Estates of those who came in upon Protection and publick Faith Wherefore and to settle the Revenue and prevent desolation and effusion of Blood and to procure the satisfaction of his Subjects who were willing to imploy 10000 men in defence of his Royal Rights they pray his Majesty to give gracious Answers to these Just complaints and to call a Free Parliament in an indifferent place before some Person of Honor and Fortune of approved Faith to his Majesty and acceptable to the People of Ireland who may be speedily Invested with the Government and that in such Parliament their grievances may be redress'd and Poynings Act suspended pro hac vice and either continued or Repeal'd as shall be thought fit and that no matter whereof complaint is made in this Remonstance may debar Catholicks from Sitting and Voting in such Parliament c. Delivered by the Lord Gormanstown Sir Lucas Dillon Sir Robert Talbot John Welsh Authorized by the Confederates 17 March 1642. to his Majesties Commissioners at Trim to be presented to the King Appendix VI. The Substance of the Answer of the Protestant Committee to the false and scandalous Remonstrance of the inhumane and bloody Rebels of Ireland given unto His Majesty at Oxford in May 1644. THAT the Remonstrants were not necessitated to take up Arms for their Religion for they were not troubled or so much as questioned about it for a long time before the Rebellion nor for His Majesties Prerogative for there were no Opponents of it in Ireland except the Remonstrants who have usurped all the King's Prerogatives as well as the Subjects Estates and have printed an Order of their general Assembly to exclude all Temporal Government and Jurisdiction but what is approved or instituted by that Assembly or the supream Council nor for their Lives Liberties and Estates because they had the Protection of the Law and His Majesties Government and not one Instance can be produced that a Papist quatenus a Papist ever suffered unpunished Violence from a Protestant either in Person or Estate except in open Rebellion And as to the just Liberties of Subjects wherein the Protestants are as much concerned as the Remonstrants they were never so fully and freely enjoyed in Ireland as at the Time of the Insurrection so that there was no Necessity to murther and rob the Protestants for the Preservation of the Confederates Nor have any of their Addresses since the Rebellion been slighted or suppressed Their first was from Cavan of the Sixth of November and received a mild and favourable Answer and was forthwith certified to the Lord Lieutenant The second was from seven Lords of the Pale then in Rebellion who refused upon safe Conduct to come to the State but desired Commissioners might be appointed to confer with them and though such a Condescention was thought dishonorable since it was the others duty to come to the Government yet both the Request and Answer were transmitted to the Lord Lieutenant Their third Address was from the united Lords by the Mediation of the Earl of Castlehaven 23 d. of March when His Majesties Army had raised the Siege of Tredagh and were Masters of the Field however
inconveniencies the Supremacy of Rome and take away or much endanger your Majesties supream and just Authority in Causes Ecclesiastical Administration of Honour and Power not to be endured the said Acts extending as well to seditious Sectaries as to Popish Recusants so as by the Repeal thereof any Man may seem to be left to chuse his own Religion in that Kingdom which must needs beget great Confusion and the abounding of the Roman Clergy hath been one of the greatest Occasions of this late Rebellion Besides it is humbly desired that your Majesty will be pleased to take into your gracious Consideration a Clause in the Act of Parliament passed by your Majesties Royal Assent in England in the 17 th year of your Reign touching Punishments to be inflicted upon those that shall introduce the Authority of the See of Rome in any Cause whatsoever 2. Prop. That your Majesty will be pleased to call a free Parliament in the said Kingdom to be held and continued as in the said Remonstrance is expressed and the Statute of the Tenth Year of King Henry the Seventh called Poyning'â— Acts explaining or enlarging the same be suspended during that Parliament for the speedy Settlement of the present Affairs and the Repeal thereof to be there further considered of Answ Whereas their desire to have a free Parliament called reflecteth by secret and cunning Implication upon your Majesties present Parliament in Ireland as if it were not a free Parliament We humbly beseech your Majesty to represent how dangerous it is to make such insinuation or intimation to your People of that Kingdom touching that Parliament wherein several Acts of Parliament have already past the validity whereof may be endangered if the Parliament should not be approved as a free Parliament and it is a point of high Nature as we humbly conceive is not properly to be discussed but in Parliament and your Majesties said Parliament now sitting is a free Parliament in Law holden before a Person of Honour and Fortune in the Kingdom composed of good loyal and well-affected Subjects to your Majesty who doubtless will be ready to comply in all things that shall appear to be pious and just for the good of the true Protestant Religion and for your Majesties Service and the good of the Church and State that if this present Parliament should be dissolved it would be a great Terror and Discontent to all your Majesties Protestant Subjects of the Kingdom and may be also a means to force many of your Majesties Subjects to quit that Kingdom or peradventure to adhere to some other party there in opposition of the Romish Irish Confederates rather than to be liable to their Power which effects may prove of most dangerous Consequence And we humbly offer to your Majesties Consideration your own gracious Expression mentioned in the Grounds and Motives inducing your Majesty to agree to a Cessation of Arms for one whole Year with the Roman Catholicks of Ireland Printed at Oxford the Ninteenth of October 1643. And let all our good Subjects be assured that as we have for these reasons and with Caution and Deliberation consented to the Proposition to peace and to that purpose do continue our Parliament there so we shall proceed in the accomplishing thereof with that Care and Circumspection that we shall not admit even Peace it self otherwise than it may be agreeable to Conscience Honour and Justice We also humbly desire that such Laws as your Majesty shall think fit to pass may be transmitted according to Poyning's Law and other Laws of Explanation thereof or of Addition thereunto now in force with great Contentment and Security to your Majesties Protestant Subjects but if the present Parliament be dissolved we humbly represent unto your Majesty that so many of your ablest and best Protestant Subjects have been murthered or banished by this Rebellion that few or no Protestant Freeholders will be found in the Countries Cities or Boroughs to elect and chuse Knights Citizens or Burgesses which will be most dangerous to your Majesties Rights and Prerogatives and good Subjects and may beget great disputes in After-times for the repealings of Poyning's Acts notwithstanding their seigned Expressions of their Loyalty yet it plainly appeareth they do not repose such Trust in your Majesties Justice as becomes Loyal Subjects to do and such they pretend themselves to be for that they seek thereby to prevent your Majesty and your Council of England and Ireland of so full a View and Time of Mature Consideration to be had of Acts of Parliament of Ireland before they pass as in prudence is requisite and hath been found necessary by the Experience of well near Two Hundred Years and if their intentions were so clear as they profess we know not why they should avoid the strictest View and Trial of your Majesty and your Councils of both Kingdoms this their desire tending to introduce a grand Diminution to the royal and necessary Power for the Conservation of your regal State and Protection of your good Protestant Subjects there and elsewhere and what special use they aim at in seeking such a repeal your Protestant Subjects as they know not the particular so can they conjecture of none unless the said Confederates have some design by way of surprize to obtrude upon your Majesty in their new desired Parliament some Acts of Justification of their ill-done Actions and for condemning such of your Protestant Subjects as have in their several Degrees most faithfully served your Majesty there which we the rather believe seeing they have vowed by their Oath of Association and the Bull lately published in Ireland since the Cessation the Destruction of the Protestants there when they have the Sword in their hands to put the same in Execution 3. Prop. That all Acts and Ordinances made and passed in the now pretended Parliament in that Kingdom since the Seventh Day of August 1641. be clearly annulled and declared void and taken off the File Answ We humbly desire that they particularize those Orders and Ordinances which may prejudice your Majesties Service for we are well assured that the Parliament now sitting in Ireland on Signification of your Majesties Pleasure therein will give your Majesty full satisfaction or repeal any unjust Orders or Ordinances whatsoever which may be prejudicial to your Majesty And there may be some Orders or Ordinances which may concern particular Persons in their Lives Liberties or Fortunes that may suffer unheard by the admitting of so general a Proposition which is meerly proposed as we humbly conceive to put a Scorn upon your Majesties Parliament now sitting there and to discourage your Protestant Subjects who have faithfully served your Majesty in that Parliament 4. Prop. That all Indictments Attainders Outlawries in the King's-Bench or elsewhere since the said Seventh Day of August 1641. and all Letters Patents Grants Leases Custodiums Bonds Recognizances and all other Records Act or Acts depending thereon or in prejudice of the said Catholicks
through disability occasioned by the distempers of those Times the considerations of Equity to be alike unto both Parties 25. It is Concluded Accorded and Agreed by and between the said Parties and His Majesty is graciously pleased that the said Richard Lord Viscount Mountgarret c. shall be immediately upon conclusion of these Articles Authorized by Act of State to proceed in Hear Determine and Execute within the Cities corporate Towns Counties and parts of Counties now or late within the Quarters of the said confederate Catholicks the ensuing particulars and all matters thereupon depending and that the said Act of State and other the Authorities hereafter mentioned shall remain of Force without Revocation Alteration or Dimunition until Acts of Parliament be passed according to the Purport and Intent of these present Articles only in case of Death of any of the said Persons so to be Authorized the Lord Lieutenat or other Chief Governor or Governors of this Kingdom for the time being shall by the Advice and Consent of the Persons so to be Authorized then Living or any Five or more of them name others in the place of such who shall be so Dead and the Persons so to be named to be Authorized as the former and that the Persons to be Authorized as aforesaid or any Five or more of them be permitted without interruption to Applot Raise and Levy Means with Indifferency and Equality upon all His Majesties Roman Catholick Subjects of this Kingdom for the Raising Clothing and bringing to Sea-Ports and Maintaining there until they be Shipped Ten thousand Men promised by the confederate Catholicks of this Kingdom to assist His Majesty and to Levy the Arrears of all Excises and other Publick Taxes already Imposed by them and yet unpaid and to call all Receivers and other Accomptants of all former Taxes and Publick Dues to a just and strict Accompt either by themselves or by such as they or any Five or more of them shall Name and Appoint And that the said Persons to be Authorized as aforesaid or any Five or more of them shall have power to Applot Raise and Levy means with Indifferency and Equality by way of Excises otherwise in the several Cities Corporate Towns Conties and parts of Counties now within the Quarters of the said Confederate Catholicks towards the maintenance of such Army or Armies as shall be thought fit to continue and be in Pay for the defence of the Kingdom and towards the maintenace of all the Forts Castles and Garrisons within both or either of the now Quarters of either Party other than such of the said Garrisons Forts and Castles as from time to time until there be a settlement in Parliament shall be thought fit by His Majesty's chief Governor or Governors of this Kingdom for the time being by and with the Advice and Consent of the said Persons so to be Authorized or any Five or more of them not to be maintained at the charge of the Publick Provided that His Majesties Lieutenant or other chief Governors for the time being be first made acquainted with such Taxes Levies and Excises as shall be made and the manner of Levying thereof and that he approve the same and that the Persons to be Authorized as aforesaid or any Five or more of them shall be Authorized to appoint Receivers Collectors and all other Officers for such Monies as shall be so Assessed and for the Arrears of all former Applotments Taxes and other Publick Dues yet unpaid and that the Persons so to be Authorized or any Five or more of them in case of Refractoriness or Delinquency may Distrain and Imprison and cause such Delinquents to be Distrained or Imprisoned and that the profits of the Estates within the now Quarters of the confederate Catholicks of such as shall adhere to the Parliament and not submit to the Peace be accompted as Publick Dues and be converted to the maintenance of the Kings Army and that the said Persons to be Authorized as aforesaid or any Five or more of them shall have Power to Applot Raise and Levy means with Indifferency and Equality for the buying of Arms and Ammunition and for entertaining of Frigats in such proportion and manner as shall be thought fit by His Majesties Lieutenant or other chief Governor or Governors for the time being by and with the Advice and Consent of the said Richard Lord Viscount Mountgarret c. or any Five or more of them the said Arms and Ammunition to be laid up in such Magazines and under the charge of such Persons as shall be agreed by the said Lord Lieutenant and the said Persons to be authorised as aforesaid or any Five or more of them and to be issued and the said Frigats to be employed by the Lord Lieutenant or other chief Governor or Governors for the time being for the safety of the Kingdom by the advice and consent of the said Richard Lord Viscount Mountgarret c. or any Five or more of them and that the said Persons so to be authorised as aforesaid or any Five or more of them shall have power to Applot Raise and Levy Means with indifferency and equality by way of Excises or otherwise in the several Cities Corporate Towns Counties and parts of Counties now within the Quarters and upon the Estates of the said Confederate Catholicks all such Sum and Sums as shall appear unto the said Persons to be authorised as aforesaid or any Five or more of them to be really due for and in discharge of the publick ingagements of the said Confederate Catholicks incurred or grown due before the Conclusion of these Articles and that the said Persons to be authorised as aforesaid or any Five or more of them shall have power to Applot Raise and Levy Means with indifferency and equality by way of Excise or otherwise in the several Cities Corporate Towns Counties and parts of Counties now within the Quarters of the said Confederate Catholicks as well for the Persons to be authorised as aforesaid and also for such other Person and Persons as shall be imployed in publick Affairs within the several Cities Corporate Towns Counties and parts of Counties within the now Quarters of the said Confederate Catholicks from time to time until a settlement by Parliament and that the said Persons to be authorised as aforesaid or any Five or more of them make perfect Books of all such Monies as shall be Applotted Raised and Levied out of which Books they are to make several and respective Abstracts to be delivered unto their Hands or the Hands of any Five or more of them to the several and respective Collectors who shall be appointed to Levy and Receive the same and that a duplicate of the said Books under the Hands of the said Persons to be authorised as aforesaid be delivered unto his Majesties Lieutenant or other chief Governor or Govenors for the time being whereby a perfect accompt might be given 26. It is further concluded accorded and
the said Lord Viscount Mountgarret and the rest of the Persons to be authorised as aforesaid or any Five or more of them and as to his Majesties Rents to grow due at Easter next and from thenceforth the same to be payable unto his Majesty notwithstanding any thing contained in the Article of the Act of Oblivion or in any other Article to the contrary but the same not to be written for or Lewed until a full settlement in Parliament as aforesaid 30. It is further concluded accorded and agreed by and between the said Parties and his Majesty is further graciously pleased That the Commissioners of Oâ—er and Terminer and Goal delivery to be named as aforesaid shall have power to hear and determine all Murthers Manslaughters Rapes Stealths Burning of Houses and Corn in Reek or Stacks Robberies Burglaries Forceable Entries Detainers of Possessions and other Offences committed or done and to be committed and â—one from the 15 th of September 1643 until the First day of the next Parliament These present Articles or any thing therein contained to the contrary notwithstanding Provided that the authority of the said Commissioners shall not extend to question any Person or Persons for doing or Committing any Act whatsoever before the conclusion of this Treaty by vertue or colour of any Warrant or Direction from those in pâ—ublick Authority among the Confederate Catholicks nor unto any Act which shall be done after the perfecting and concluding of these Articles by vertue or pretence of any authority which is now by these Articles agreed on Provided also the said Commission shall not continue longer than to the First day of the next Parliament In witness whereof his Excellency the Marquess of Ormond Lord Lieutenant of Iâ—eland his Majesties Commissioner to that part of these Articles remaining with the said Richard Lord Viscount Mountgarret c. and the said Lord Viscount Mountgarret c to that part of these Articles remaining with the said Lord Lieutenant have put their Hands and Seals at Dublin this 28 th day of March 1646 and in the Two and Twentieth Year of the Reign of our Sovereign King Charles King of Great Britain France and Ireland c. Appendix XXV The Petition of the Protestants of Munster against a Peace with the Irish to the Right Honourable the Lord Lieutenant General and Council of Ireland Humbly Sheweth THAT whereas after a long and happy enjoyment of the Peace and Prosperity under which by his Majesties Gracious Government this Land did lately flourish the Irish Papists of this Kingdom have on or about the Three and Twentieth day of October 1641 entred into a most Wicked and Treacherous Conspiracy to surprise the then Lords Justices and Council together with the City of Dublin and all other his Majesties Forts and Holds within this Kingdom intending thereby totally and at once to extirpate the Protestant Religion and English Nation from amongst them and consequently to alienate this Kingdom from the Crown and Government of England And for those ends although they were by the Divine Providence disappointed in the main point of that Bloody and Cruel design have pursued the same with indefatigable malice into Acts of open Rebellion and most inhumane Barbarism Robbing and Despoiling his Majesties good Subjects of their Lives and Fourtunes in all parts of the Kingdom insomuch as his Majesty for the Vindication of his Protestant Subjects from the cruel Rapines of the said Irish Papists was justly occasioned to denounce and undertake a War in this Kingdom the managing and support whereof he was graciously pleased to recommend to and entrust with his Parliament then sitting in England who having piously begun the great work of Suppressing the Cruelties of the aforesaid Irish were by the unhappy interposition of sundry fatal differences in England somented as may be greatly doubted by the Rebels of this Kingdom diverted from the careful and provident courses requisite in so important an affair By means whereof this Majesty who had undertaken the War for our defence was now constrained for our preservation to treat and conclude of a Cessation of Arms for Twelve Months space in which time he was made believe the aforesaid Irish Papists would submit to some 〈◊〉 and honourable conditions of Peace To when purpose Agents from the aforesaid Irish were admitted to have access to his Royal presence and his Majesty did not only in manifestation of his Pâ—ous and Paternal care of his Proteâ—â—ant Subjects command certain select persons welliâ—ensed and interested in the State and Affairs of this Kingâ—om to atâ—end his Royal Person and give information and assistance in the debate of so weighty a business but did also give admission to such Agents as his Protestant Subjects were able to imploy in representing their particular and general grievanced and sâ—fferings by the said Irish Papists who in the negotiation of that whole matter have endeavoured to make advantage of his Majesties 〈◊〉 and by sinister and corrupt means with a lavish expence of that treasure and those Estates which your Petitioners have been dispoled of by them to raise a Factious Party at the Court to seduce and misguide his Royal Majesty and to beguil his Judgment with a selfe opinion of their inclination to Peace and feigned forwardness to advanâ—â— his Service and to discountance and suppress those whose attendance his Majesty had required and those Agents whom your Petitioneâ—s imployed by which subtil and serpentine courses â—he said Irish Agents having quasht and deprest all opposers and accusers and removed all impediments to their 〈◊〉 ends of exâ—irpaâ—ing the English and before any equal debate of the cause proâ—â—red a transmission of the whole affair unto your Lordships with Power and Commission further to treat and conclude of such conditions as by those deceitful courses they had gained too great hope to be confirmed unto them which for some reasons was not thought fit to be done in England they do now with the same art and subtilty study to trick your Petitioners here before your Lordships and to compound for all their mischiefs multiplied upon the Heads of your Petitioners at their own rates And therefore at a time when neither your Petitioners nor any from them are present when the Agents imployed to his Sacred Majesty are unreturned to this Kingdom and whilst most of your Petitioners evidences of their detestable Treasons and horrible Barbarisms are remaining in England they endeavour to strike up the business with your Lordships upon such terms as your Petitioners who were once a considerable part of this late flourishing and now unhappy Kingdom have not the honour to be made privy unto or to be called or admitted to any debate of the business of that main influence upon themselves and their Posterity Wherefore your Petitioners having seen how far some Persons of Honour have been misguided and by secret and subtil contrivances drawn to become abused properties and instruments to accomplish the wicked designs of the aforesaid
in this present Parliament assembled is graciously pleased that it may be Enacted And be it Enacted by the King 's most Excellent Majesty the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by Authority of the same That from and after the First day of this Session of Parliament it shall and may be lawful to and for all the Professors of the Roman Catholick Religion of what degree condition or quality to have use and enjoy the free and publick exercise and profession of the said Roman Catholick Religion and of their several and respective functions therein without incurring any Mulct or Penalty whatsoever or being subject to any restraint or incapacity concerning the same any Article or Clause Sentence or Provision in the said last mentioned Acts of Parliament or in any other Act or Acts of Parliament Ordinances Law or usage to the contrary or in any wise notwithstanding And be it also further Enacted That neither the said Statutes or any other Statute Acts or Ordinances hereafter made in Your Majesties Reign or in the Reign of any of Your Highnesses most Noble Progenitors or Ancestors and now of Force in this Kingdom nor all nor any Branch Article Clause and Sentence in them or any of them contained or specified shall be of force or validity in this Realm to extend to be construed or adjudged to extend in any wise to inquiet prejudice vex or molest the Professors of the said Roman Catholick Religion in their Persons Lands Hereditaments or Goods or any thing matter or cause whatsoever touching and concerning the free and publick use exercise and enjoyings of their said Religion function and profession And be it also further Enacted and Declared by the Authority aforesaid That Your Majesties Roman Catholick Subjects in the said Realm of Ireland from the first day of this Session of Parliament shall be and be taken deemed and adjudged capable of all Offices of Trust and Advancement Places Degrees and Dignities and perferment whatsoever within your said Realm of Ireland Any Acts Statutes Vsage or Law to the contrary notwithstanding And that other Acts shall be passed in the said Parliament according to the tenour of such Agreement or Concessions as herein are expressed and that in the mean time the said Roman Catholick Subjects and every of them shall enjoy the full benefit freedom and advantage of the said Agreement and Concessions and of every of them 5. It is Accorded Granted and Agreed by the said Earl for and in the bâ—â—â—lf of His Majesty His Heirs and Successors That his Excellency the Lord Marques of Ormond Lord Lieutenant of Ireland or any other or others Authorized or to be Authorized by His Majesty shall not disturb the professors of the Roman Catholick Religion in their present possession and continuance of the profession of their said Churches Jurisdiction or any other the matters aforesaid in these Articles agreed and condescended unto by the said Earl until His Majesties pleasure be signified for confirming and publishing the Grants and Agreements hereby Articled for and Condescended unto by the said Earl 6. And the said Earl of Glamorgan doth hereby engage His Majesty's Royal Word and Publick Faith unto all and singular the professors of the said Roman Catholick Religion within the said Kingdom of Ireland for the due observance and performance of all and every the Articles Grants and Clauses therein contained and the Concessions herein mentioned to be performed to them 7. It is Accorded and Argeed That the said publick Faith of the Kingdom shall be ingaged unto the said Earl by the said Commissioners of the said Confederate Catholicks for sending Ten thousand men to serve His Majesty by order and publick Declaration of the General Assembly now sitting And that the Supream Council of the said Confederate Catholicks shall engage themselves to bring the said number of Men Armed the one half with Musquets and the other half with Pikes unto any Port within this Realm at the Election of the said Earl and at such time as he shall appoint to be by him Shipped and Transported to serve His Majesty in England Wales or Scotland under the Command of the said Earl of Glamorgan as the Lord General of the said Army which Army is to be kept together in one intire Body and all other the Officers and Commanders of the said Army are to be named by the Supream Council of the said Confederate Catholicks or by such others as the General Assembly of the said Confederate Catholicks of this Kingdom shall intrust therewith In witness whereof the Parties to these Presents have hereunto interchangeably put their Hands and Seals the 25 th day of August 1645. Glamorgan Signed Sealed and Delivered in the Presence of John Somerset Jeffery Barron Robert Barry Articles of Agreement made and concluded upon by and between the Right Honourable Edward Earl of Glamorgan and in pursuance and by vertue of His Majesty's Authority under His Signet and Royal Signature bearing Date at Oxford the Twelfth day of March in the Twentieth Year of His Reign for and on the behalf of His Most Excellent Majesty of the one part and the Right Honourable Richard Lord Viscount Mountgarret Lord President of the Supream Council of the Confederate Catholicks of Ireland Donnogh Lord Viscount Muskerry Alex. M. Donnell and Nicholas Plunket Esquires Sir Robert Talbot Baronet Dermot O Brien John Dillon Patrick Darcy and Jeffery Browne Esquires for and on the behalf of His Majesty's Roman Catholick Subjects and the Catholick Clergy of Ireland of the other part 1. THE said Earl doth Grant Conclude and Agree on the behalf of His Majesty His Heirs and Successors to and with the said Richard Lord Viscount Mountgarret Donnogh Lord Viscount Muskerry Alex. Mac Donnell and Nicholas Plunket Esquires Sir Robert Talbot Baronet Dermot O Brien John Dillon Patrick Darcy and Jeffery Browne Esquires That the Roman Catholick Clergy of the said Kingdom shall and may from henceforth for ever hold and enjoy all such Lands Tenements Tyths and Hereâ—itaments whatsoever by them respectively enjoyed within this Kingdom or by them possessed at any time since the Three and twentieth of October 1641. And all other such Lands Tenements Tyths and Hereditaments belonging to the Clergy within this Kingdom other than such as are actually enjoyed by His Majesty's Protestant Clergy 2. It is Granted Concluded and Agreed on by the said Richard Lord Viscount Mountgarret c. on the behalf of the Confederate Roman Catholicks of Ireland that Two parts in Three parts to be divided of all the said Lands Tyths and Hereditaments whatsoever mentioned in the precedent Articles shall for Three Years next ensuing the Feast of Easter which shall be in the Year of our Lord God 1646. be disposed of and converted for and to the Use of His Majesty's Forces employed or to be employed in His Service and the other Third part to the Use of the said Clergy resepectively and so the like
Parliament in Ireland till the Eleventh Year of this King's Reign Sullivan 211. and that Sullivan himself brings this very Neal Garuff on the English side again Anno 1608. But to proceed Sir ARTHUR CHICHESTER was sworn Lord Deputy on the Third of February 1604. and soon after establish'd a new Circuit for Judges of Assize for the Province of Connagh 1604. and retrived the Circuit of Munster Davis 265. which had been discontinued for Two hundred Years It must be observed That until this time the Papists generally did come to Church and were called Churchâ—Papists but now the Priests began to be seditious and did not only scandalize the Publick Administration of Affairs but also took upon them to review and decide some Causes that had been determin'd in the King's Courts and to oblige their Votaries on pain of Damnation to obey their Decision and not that of the Law they did also forbid the People to frequent the Protestant Churches and they publickly rebuilt Churches for themselves and erected or repaired Abbies and Monasteries in several Parts of the Kingdom and particularly at Multifernam in the County of Westmeath Killconell in the County of Gallway Rossariell in the County of Mayo Buttivant Kilkrea and Timoleague in the County of Cork Quin in the County of Clare Garinlogh in Desmond and in the Cities of Waterford and Kilkenny Sullivan 206. Intending says Mr. Sullivan to restore the Splendor of Religion And as many as pleased sent their Children to Foreign Seminaries without control And perhaps all this might have passed if they had not as foolishly as impudently publish'd every where and in all Companies That the King was of their Religionâ— 1605. But then the Government was necessarily obliged for the Vindication of his Majesty and to prevent the Growth of Popery and suppress the Insolence of the Papists to publish a Proclamation on the Fourth of July 1605. commanding the Popish Clergy to depart the Kingdom before the Tenth of December following unless they would conform to the Laws of the Land But this Proclamation being too faintly executed as Laws against Popery have hitherto always been produced more Noise than Effect so that it did little service in Ireland and yet furnished the Irish Papists with matter of Complaint beyond Seas where they usually make a great Clamour for a small Matter But on the Fifth of November was discovered the Damnable Popish Plot well known in England by the Name of The Gunpowder Treason the Design of it was to blow up at once the King the Nobility and the Principal Gentry of that Kingdom then assembled in Parliament The Papists did for some time with great Artifice and Confidence impose upon the World that this was a Plot of Cecill's making but finding at length that that Cobweb Pretence was too thin and was easily seen through they laid the blame upon a few desperate Villains as they always do when the Fact is too notorious to be denied But now that Matter is pretty well setled by the Confession of * Wilson Hist of K. James p. 32. Weston of the Earl of Castlehaven the Lord Stafford and Peter Walsh This Year the barbarous Customs of Tanistry and Gavelkind were abolish'd by Judgment in the King's Bench Davis's Reports and the Irish Estates thereby made descendible according to the Course of the Common Law of England and the City of Cork and the Liberties thereof were separated from the County of Cork and made a distinct County of it self reserving nevertheless Places in the City for a Gaol and a Court-house for the County at large In the Year One thousand six hundred and six 1606. the famous Robert Lalor Vicar-General of Dublin and other Diocesses in Leinster for disobedience to the aforesaid Prolamation was apprehended in the City of Dublin it being the Custom of these Ecclesiastical Spies to lurk about the Metropolis of every Kingdom he was in Michaelmaâ— Term indicted upon the Statute of 2 Eliz. cap. 1. for advancing and upholding Foreign Jurisdiction within this Realm but he humbled himself to the Court and voluntarily and upon Oath on 22d December 1606. made a Recognition in haec verba First He doth acknowledge that he is not a lawful Vicar General in the Diocess of Dublin Kildare and Fernes and thinketh in his Conscience that he cannot lawfully take upon him the said Office Item He doth acknowledge our Soveraign Lord King James Davis Rep. 83. that now is to be his Lawful Chief and Supream Governor in all Causes as well Ecclesiastical as Civil and that he is bound in Conscince to obey him in all the said Causes and that neither the Pope nor any other Foreign Prelate Prince or Potentate hath any Power to controll the King in any â—ause Ecclesiastical or Civil within this Kingdom or any of his Majesties Dominions Item He doth in his Conscience believe that all Bishops ordained and made by the Kings Authority within any of his Dominions are lawful Bishops and that no Bishop made by the Pope or by any Authority derived from the Pope within the Kings Dominions hath any Power or Authority to impugne disannul or controll any Act done by any Bishop made by his Majesties Authority as aforesaid Item He professeth himself willing and ready to obey the King as a good and obedient Subject ought to do in all his lawful Commandments either concerning his Function of Priesthood or any other Duty belonging to a good Subject Upon this Confession he was indulged with more Liberty and the free Access of his Friends and would undoubtedly have been enlarged the next Term if he had not privately denied what he had publickly done protesting that his Confession did not extend to the Kings Authority in Spiritual Causes but in Temporal only this being told to the Lord Deputy it was resolved to try him upon the Statute of 16. R. 7. cap. 5. of Premunire and it was discreetly done rather to Indite him upon that than upon any new Statute made since the Reformation Davis Rep. 85. that the Irish might be convinc'd That even Popish Kings and Parliaments thought the Pope an Usurper of those exorbitant Jurisdictions he claim'd and thought it inconsistent with the Loyalty of a good Subject to uphold or advance his unjust and unreasonable Incroachments on the Prerogative of the King and the Priviledge of the Subject which tended to nothing less then to make our Kings his Lacquies our Nobles his Vassals and our Commons his Slaves and Villains Upon this Indictment he was tryed and found Guilty and upon his Tryal his aforesaid Recognition which he made upon Oath was publickly read which netled him exceedingly and the rather because he was asked whether he had not denied this Confession to some of his Friends to which he answered that he had not but only told some of them that he had not own'd the Kings Supremacy in Spiritual Causes which he said was true for the word
them called Traytors or Rebels but advised rather to use the soft Expression of DISCONTENTED GENTLEMEN But the Protestants scorning to be put upon so one of them express'd himself so briskly and so judiciously that the Irish finding they could not get a better agreed with much ado to the Protestation against the Rebels recited here Append. 12. And so having sate two days the Parliament was Prorogued to the Eleventh of January having first appointed a Committee of Both Houses to Treat with the Rebels and a Commission issued accordingly but the Traytors were so pufft up with their innumerable Victories over the naked and unresisting English that they tore the Order of Parliament and the Letter that was sent them and refused to Treat But the Lord Dillon of Costilo who since the Rebellion broke out was by His Majesty's former Orders sworn Privy Counsellor was deputed by the Popish Lords to attend the King and the Lord Taaf and Mr. Burk went with him but before he Embarked he presented the Lords Justices and Council a scandalous Letter See it Append. 3. in nature of a Remonstrance from the Rebels of the County of Longford which nevertheless was framed in the Pale wherein amongst other things they demand Freedom of Religion and a Repeal of all Laws contrary thereunto And this produced the Vote of the Eighth of December in the Parliament of England That they would never give Toleration of the Popish Religion in Ireland or any other of His Majesty's Dominions These Irish Agents hapned to be intercepted by the Parliament and imprison'd and their Papers being rifled it was found to be one of the Private Instructions to the Lord Dillon to move That no Forces might be sent over to Ireland but that it might be left to the Remonstrants to suppress the Rebellion 2 Temple 9. But afterwards they made a shift to escape out of Prison and diligently followed the King's Camp and effectually sollicited the unhappy Cessation Husbands's Collections 2 part 247. which afterwards ensued and whereof this Longford Remonstrance was the Parent and Foundation But what regard these Lords had to His Majesty's Service will appear by their vain Expressions in a Letter to the Lord Muskery Anno 1642. viz. That tho' it did not stand with the Convenience of His Majesty's Affairs to give him Publick Countenance yet that the King was well pleas'd with what he did and would in time give him Thanks for it Which being dscovered to the Parliament by Mr. Jepson a Member of that House begat strange Jealousies of His Majesty's Proceedings then tho' now it is manifest those Expressions related to the Cessation that was in Enbryo and not to the Rebellion which the King always abhorr'd In the mean time the King sent some Arms from Scotland to Sir Robert Steward and others in Vlster on the Eighteenth of November and Commissions to raise Forces Particularly the Lord Mongomery had Commission to raise 1000 Foot and 500 Horse and he did raise the Foot and three Troops of the Horse And on the Nineteenth the Lords Justices had an Account that His Majesty had left the Management of the Irish War to the English Parliament and the Order of Parliament was sent to them together with 20000 l. in Money and a Commission to the Earl of Ormond to be Lieutenant-General of the Army and also the following Order of Both Houses of Parliament viz. THE Lords and Commons in this present Parliament being advertised of the dangerous Conspiracy and Rebellion in Ireland by the treacherous and wied Instigation of Romish Priests and Jesuits for the bloody Massacre an Destruction of all Protestants living there and other His Majesty's Loyal Subjects of English Blood tho' of the Romish Religion being ancient Inhabitants within several Counties and Parts of that Realm who have always a former Rebellions given Testimony of their Fidelity to this Crown and for the utter depriving of His Royal Majesty and the Crown of England 〈◊〉 the Government of that Kingdom under pretence of setting up the Poâ—â— Religion have therefore taken into their serious Consideration how the mischievous Attempts might be most speedily and effectually prevented wherein the Honor Safety and Interest of this Kingdom are most nearly and fully concerned Wherefore they do hereby declare That they do intendâ— serve His Majesty with their Lives and Fortunes for the Suppressinâ— of this wicked Rebellion in such a way as shall be thought most effectualâ— by the Wisdom and Authority of Parliament and thereupon have ordereâ— and provided for a present Supply of Money and raising the Number of Six thousand Foot and Two thousand Horse to be sent from England being â—â—e full Proportion desired by the Lords Justices and His Majesty's Councâ— resident in that Kingdom with a Resolution to add such further Succours as the Necessity of those Affairs shall require They have also resolved of providing Arms and Munition not only for those Men but likewise for His Majesty's faithful Subjects in that Kingdom with store of Victuals and other Necessaries as there shall be occasion and that these Provisions may more conveniently be transported thither they have appointed Three several Ports of this Kingdom that is to say Bristol Westchester and one other in Cumberland where the Magazins and Storehouses shall be kept for the Supply of the several Parts of Ireland They have likewise resolved to be humble Mediators to His Most Excellent Majesty for the Incouragement of those English or Irish who shall upon their own Charges raise any Number of Horse or Foot for His Service against the Rebels that they shall be honourably rewarded with Lands of Inheritance in Ireland according to their Merits And for the better inducing the Rebels to repent of their wicked Attempts they do hereby commend it to the Lord Lieutenant of Ireland or in his absence to the Lord Deputy or Lords Justices there according to the Power of the Commission granted them in that behalf to bestow His Majesty's gracious Pardon to all such as within a convenient Time to be declared by the Lord Lieutenant Lord Deputy or Lords Justices and Council of that Kingdom shall return to their due Obedience the greatest part whereof they conceive have been seduced upon false Grounds by the cunning and subtile Practices of some of the most malignant Rebels Enemies to this State and to the Reformed Religion and likewise to bestow such Rewards as shall be thought fit and published by the Lord Lieutenant Lord Deputy or Lords Justices and Council upon all those who shall arrest the Persons or bring in the Heads of such Traytors as shall be personally named in any Proclamation published by the State there And they 〈◊〉 hereby exhort and require all His Majesty's loving Subjects both in this and in that Kingdom to remember their Duty and Conscience to God and his Religion On the Twentieth day of November the Lords Justices wrote again to the Earl of Leicester Lord Lieutenant for Supplies of
consent upon whatsoever Pretence to a Toleration of the Popish Profession there or the Abolition of the Laws now in force against Popish Recusants in that Kingdom His Majesty hath further thought fit to advertise His Parliament That towards this Work He intends to raise forthwith by His Commissions in the Counties near Westchester a Guardâ— for His own Person when he shall come into Ireland consisting of Two thousand Foot and Two hundred Horse which shall be Armed at Westchester from His Magazin at Hull at which time all the Officers and Soldiers shall take the Oaths of Supremacy and Allegiance The Charge of Raising and Paying whereof His Majesty desires His Parliament to add to their former Undertakings for that War which His Majesty will not only well accept but if their Pay be found too great a Burthen to His Subjects His Majesty will be willing by the Advice of His Parliament to sell or 〈◊〉 any of His Parks Lands or Houses towards the Supplies of the 〈◊〉 of Ireland with the Addition of these Levies to the former of English and Scots agreed upon in Parliament he hopes so to appear in this Action that by the Assistance of Almighty God in a short time that Kingdom may be wholly reduced and restored to Peace and some measure of Happiness whereby he may chearfully return to be Welcomed home with the Affections and Blessings of all His good English People Towards this good Work as His Majesty hath lately made Dispatches unto Scotland to quicken the Levies there for Ulster so he heartily wishes That His Parliament here would give all possible Expedition to thâ—se which they have resolved for Munster and Conaught and hopes the Encouragement which the Adventures of whose Interest His Majesty will be always very careful will hereby receive as likewise by the lately signing of a Commission for the Affairs of Ireland to such Persons as were recommended to Him by Both Houses of Parliament will raise full Sums of Money for the doing thereof His Majesty hath been likewise pleased out of His earnest desire to remove all Occasions which do unhappily multiply Misunderstandings between Him and His Parliament to prepare a Bill to be offered to them by His Attorney concerning the Militia whereby He hopes the Peace and Safety of this Kingdom may be fully secured to the general satisfaction of all Men without violation of His Majesty's just Rights or prejudice to the Liberty of the Subject If this shall be thankfully received He is glad of it if refused He calls God and all the World to judge on whose part the Default is One thing His Majesty requires if this Bill be approved of That if any Corporation shall make their Lawful Rights appear they may be reserved to them Before His Majesty shall part from England He will take all due Care to entrust such Persons with such Authority in His absence as He shall find to be requisite for the Peace and Safety of this Kingdom and the happy Progress of this Parliament To which the Parliament returned the following Answer May it please Your Majesty YOur Majesty's most Loyal and Faithful Subjects Husbands 141. the Lords and Commons in Parliament have duly considered the Message received from Your Majesty concerning Your Purpose of going into Ireland in Your own Person to prosecute the War there with the Bodies of Your English Subjects lâ—vied transported and maintained at their Charge which You are pleased to propound to us not as a Matter wherein Your Majesty desires the Advice of Your Parliament but as already firmly resolved on and forthwith to be put in Execution by granting out Commissions for the Levying of Two thousand Foot and Two hundred Horse for a Guard for Your Person when You shall come into that Kingdom Wherein we cannot chuse but with all Reverence and Humility to Your Majesty observe That You have declined Your Great Council the Parliament and varied from the usual Course of Your Royal Predecessors That a Business of so great Importance concerning the Peace and Safety of all Your Subjects and wherein they have a special Interest by Your Majesty's Promise and by those great Sums which they have disbursed and for which they stand ingaged should be concluded and undertaken without their Advice Whereupon we hold it our Duty to declare That if at this time Your Majesty shall go into Ireland You will very much endanger the Safety of Your Royal Person and Kingdoms and of all other States professing the Protestant Religion in Christendom and make way to the Execution of that cruel and bloody Design of the Papists every where to root out and destroy the Reformed Religion as the Irish Papists have in a great part already effected in that Kingdom and in all likelihood would quickly be attempted in other Places if the Consideration of the Strength and Union of the Two Nations of England and Scotland did not much hinder and discourage the Execution of any such Design And that we may manifest to Your Majesty the Danger and Misery which such a Journy and Enterprize would produce we present to Your Majesty the Reasons of this our humble Opinion and Advice 1. Your Royal Person will be subject not only to the Casualty of War but to Secret Practices and Conspiracies especially Your Majesty continuing Your Profession to maintain the Protestant Religion in that Kingdom which the Papists are generally bound by their Vow to extirpate 2. It will exceedingly encourage the Rebels who do generally profess and declare That Your Majesty doth favour and allow their Proceedings and that this Insurrection was undertaken by the Warrant of Your Commission and it will make good their Expectation of great Advantage by Your Majesty's Presence at this time of so much Distraction in this Kingdom whereby they may hope we shall be disabled to supply the War there especially there appearing less Necessity of Your Majesty's Journy at this time by reason of the manifold Successes which God hath given against them 3. It will much hinder and impair the Means whereby this War is to be supported and increase the Charge of it and in both these respects make it more insupportable to Your Subjects And this we can confidently affirm because many of the Adventurers who have already subscribed do upon the knowledge of Your Majesties Intention declare their Resolution not to pay in their Money and others very willing to have subscribed do now profess the contrary 4. Your Majesties Absence must necessarily very much interrupt the Proceedings of Parliament and deprive Your Subjects of the Benefit of those further Acts of Grace and Justice which we shall humbly expect from Your Majesty for the Establishing of a perfect Union and mutual Confidence between Your Majesty and Your People and procuring and confirming the Prosperity and Happiness of both 5. It will exceedingly increase the Jealousies and Fears of Your People and render their Doubts more probable of some force intended by some evil
Counsels near Your Majesty in opposition of the Parliament and favour of the Malignant Party of this Kingdom 6. It will bereave Your Parliament of that advantage whereby they were induced to undertake this War upon Your Majesties Promise that it should be managed by their Advice which cannot be done if Your Majesty contrary to their Counsels shall undertake to Order and Govern it in Your own Person Upon which and divers other Reasons We have resolved by the full and concurring Agreement of both Houses that We cannot with discharge of our Duty Consent to any Levios or raising of Soldiers to be made by your Majesty for this your intended Expedition into Ireland or to the Payment of any Army or Soldiers there but such as shall be employed and governed according to Our Advice and Direction and that if such Levies shall be made by any Commission of your Majesty not agreed too by both Houses of Parliament We shall be forced to interpret the same to be raised to the Terror of your People and disturbance of the publick Peace and hold our selves bound by the Laws of the Kingdom to apply the Authority of Parliament to suppress the same And We do further most humbly Declare That if your Majesty shall by ill Counsel be perswaded to go contrary to this Advice of your Parliament which We hope your Majesty will not We do not in that Case hold Our selves bound to submit to any Commissioners which your Majesty shall chuse but do Resolve to preserve and govern the Kingdom by the Counsel and Advice of Parliament for your Majesty and your Posterity according to Our Allegiance and the Law of the Land Wherefore We do most humbly Pray and Advise your Majesty to desist from this your intended Passage into Ireland and from all Preparations of Men and Arms tending thereunto and to leave the managing of that War to your Parliament according to your Majesties Promise made unto Us and your Royal Commission Granted under your Great Seal of England by Advice of both Houses in Prosecution whereof by God's Blessing We have already made a prosperous Entrance by many defeats of the Rebels whereby they are much weakened and disheartened and have no probable means of Subsistence if Our Proceedings shall not be interrupted by this Interposition of your Majesties Journey but that we may hope upon good Grounds that within a short time without hazard of your Majesties Person and so much dangerous Confusion to your Kingdoms which must needs ensue if you should proceed in this Resolution We shall be enabled fully to vindicate your Majesties Right and Authority in that Kingdom and punish those horrible Outragious Cruelties which have been committed in the murthering and spoiling so many of your Subjects and bring that Realm to such a Condition as may be much for the advantage of your Majesty and this Crown the Honour of your Government and the Contentment of your People For the better and mâ—re speedy effecting whereof We do again renew Our humble Desires of your Return to your Parliament and that You will please to reject all Counsels and Apprehensions which may any way derogate from that Faithfulness and Allegiance which in Truth and Sincerity We have always born and professed to your Majesty and shall ever make good to the uttermost with our Lives and Fortunes To this Answer The King made the following Reply We are so troubled and astonished to find the unexpected Reception and mis-understanding of our Message of the Eighth of April concerning our Irish Journey that being so â—â—ch disappointed of the Approbation and Thanks we looked for to that Declaration We have great cause to doubt whether it be in Our Power to say or do any thing which shall not fall within the like Interpretation but as we have in that Message called God to witness the Sincerity of the Profession of Our only Ends for the undertaking that Journey So We must appeal to all our good Subjects and the whole World whether the Reasons alledged against that Journey be of weight to satisfie Our understanding or the Counsel Presented to disswade Us from it be full of that Duty as is like to prevail over Our Affections For Our Resolving of so great a business without the Advice of Our Parliament We must remember you how often by Our Messages We made the same offer if you should Advise Us thereunto To which you never gave Us the least Answer but in your late Declaration told Us That ye were not to be satisfied with Words So that we had Reason to conceive you rather avoided out of regard to our Person to give Us Counsel to run that hazard than that you disapproved the inclination And what greater Comfort or Security can the Protestants of Christendom receive tâ—â—n by seeing a Protestant King venture and engage his Person for the defence of that Profession and the Suppressing of Popery to which We Solemnly protested in that Message never to Grant a Toleration upon what Pretence soever or an Abolition of any of the Laws there in force against the Professâ—rs of it And when We consider the great Calamities and unheard of Cruelties Our poor Protestant Subjects in that Kingdom have undergone for the space of near or full Six Months the growth and increase of the Strength of those barbarous Rebels and the evident Probability of foreign Supplies if they are not speedily suppressed the very slow Succours hitherto sent them from hence That the Officers of several Regiments who have long time been allowed Entertainment from you for that Service have not raised any Supply or Succour for that Kingdom That many Troops of Horse have long lain near Chester untransported 〈◊〉 the Lord Lieutenant of Ireland on whom We relyed principally for the Conduct and managing of Affairs there is still in this Kingdom notwithstanding our Earnestness expressed that he should repair to his Command And when We consider the many and great Scandals raised upon Our Selves by report of the Rebels and not sufficiently discountenanced here notwithstanding so many Professions of Ours And had seen a Book lately Printed by the Order of the House of Commons Entituled A Remonstrance of divers remarkable Passages concerning the Church and Kingdom of Ireland Wherein some Examinations are set down which how improbable or impossible soever may make an impression in the Minds of many of Our weak Subjects And Lastly when We duly weigh the Dishonour which will perpetually lye upon this Kingdom if full and speedy Relief be not dispatched thither We could not nor cannot think of a better way to discharge Our Duty to Almighty God for the defence of the true Protestant Profession or to manifest Our Affection to Our Three Kingdoms for their Preservation than by engaging Our Person in this Expedition as many of Our Royal Progenitors have done even in Foreign parts upon Causes of less Importance and Piety with great Honour to themselves and advantage to this Kingdom and
Religion And they afterwards strictly prohibited all their people from obeying the Peace or paying Contributions to the King or to any that obeyed it on pain of Excommunication ipso facto which on the Fifth of October was formally issued with Notes as it is recited Appendix 31. But now it is time to look after our Heralds who as hath been already mentioned left Dublin on the Sixth of August in order to proclaim the Peace in the other Cities and Corporations They came to Waterford the Eighth where they were so unwelcome to all the people that no body would shew them the Mayor's House until at length a little Boy did it for Sixpence but the Mayor would not be seen for above four hours and when he was told their Errand he asked why they did not first proclaim the Peace at Kilkenny and they answered That they pursued their Orders and supposed the Reason might be because Waterford was next to Dublin one of the most ancient and considerable Cities in the Kingdom However after three day stay they could get no other Answer but that the Peace should be first proclaimed at Kilkenny and the Rabble threatned to send them packing with Withes about their Necks unless they made haste away From Waterford they went to Kilkenny where they were received with Respect and the Peace was there proclaimed even with excess of Joy and Pageantry It was also proclaimed at Calan Fethard and Cashell but Clonmell would not receive it until it should first be published at Limerick It was in the Evening of the Twentieth of August when they came to Limerick where they found the Gates shut so that they had no admittance till the next day Noon and then were civilly treated by the Mayor who was for the Peace however that day they could not agree but on the Twenty second it was carried by the major Vote of the Aldermen and Council That the Peace should be proclaimed and all things were prepared accordingly Whereupon Fryer Wolf with an armed Rabble of above 500 came to the High-Cross and denounced Excommunication against the Adherers to the Peace Nevertheless the Mayor who lived near the Cross was coming out in his formalities to make the Proclamation but the Rabble with hideous Outcries drove them back again and followed them into the House and pursued them even from Chamber to Chamber they wounded the Mayor and the King at Arms and drag'd them to Prison and they mortally wounded the Pursivant Henry King and most of the rest were likewise wounded and all were Imprisoned for about 10 days and the Mayor's House was broken and pillaged and during all this Tumult the Fryers cryed out Kill kill kill and I 'le Absolve you And what is yet more strange is That the Mayor was afterwards turned out and Dominick Fanning a principal Incendiary in this Commotion was made Mayor in his room and was by Letters from the Nuncio thanked for what he had done and encouraged to go on and the Apostolical Benediction was imparted to him for committing such an Outrage upon the Privileged Person of an Herald as all other Nations in the World would abhor But to proceed The Congregation at Waterford did also under the pain of Excommunication prohibit the Lords Mountgarret and Muskry from going to Dublin to consult the execution of the Peace nevertheless they went and in the Name of the Supreme Council invited Ormond to Kilkenny as well to countenance the Peace as to stop Insiquin's progress in Munster who triumphed over all Opposers and put the Country under Contribution as far as the Black Water Hereupon Ormond having first sent Daniel O Neal with great Offers to Owen Roe whom nothing could satisfie but the British Estates in Ulster prepared for his Journy and in the latter end of August he went to Kilkenny with about 200 Horse and 1200 Foot which small Party was a Guard more for State than Security for what need an Army amongst Friends His Excellency was received at Kilkenny with all imaginable Triumph and Respect and intended in conjunction with the Irish to march into Munster to force Insiquin likewise to submit to the Peace but when he understood what the Clergy had done and were doing at Waterford he sent some of Quality thither to perswade them not to interrupt the Peace which was likely to be so advantageous to the King and the People he offered his Lady and Children for Hostages that they should not be disturbed in the Possession of the Churches they then had which was the Secret Article not mentioned in the Publick and purposely so contrived by the Popish Bishop of Clogher ☜ that on occasion they might the easier incense the Rabble by shewing that there was no provision for Religion in the printed Articles But all that he or the Supreme Council could do was to no purpose for the Nuncio and Clergy were resolved to * * Colonel Fitâ—-Williams's Letter to the Lord Lieutenant have their wills or perish And that this may plainly appear it will be fit to give a short Account of the Negotiation between the Supreme Council and the Popish Clergy which was thus On the 24th day of August 1646 the Congregation at Waterford published a Declaration to be transmitted with the following Propositions at large and in Print to the Supreme Council I. That the Earl of Glamorgan's Articles grounded upon the King's Authority be printed and be made as firm and obliging as the present Peace that the Confederates do oblige themselves by Union Oath and otherwise to insist upon the same Articles and them to maintain till confirmed with the present Peace next Parliament And whereas it appears by His Majesty's Letters taken at Naseby that Ormond had Power to Repeal Penal Laws and Suspend Poyning's Act the Confederates expect the benefit thereof to be added to the Articles of the Peace and that those Letters be made Publick II. That the Generals of Ulster and Leinster be made General of the Horse and Major General of the Field and all other Catholick Officers continued if not advanced III. That no Garison be added nor Tax be imposed upon them till Parliament without Confent of some or one of the Commissioners of the Interval to see Equality IV. That the 7th Article of the Peace be changed as touching Universities and that the Institution and Discipline of them be Catholick V. That in all places to be recovered from the Parliament Roman Catholicks be restored to Estates Privileges c. and that the Free Exercise of their Religion be secured to them and all other Catholicks that shall please to dwell there And if the Supreme Council do not approve of these Propositions ☞ then let them do one of these things viz. Retain their Civil and Military Power within their own Quarters independent as heretofore until His Holiness's and His Majesty's Pleasure can be known and in the mean time both Parties persue the Common Enemy Or else let them refer
Disobediences and Affronts put upon the King's Authority and consequently suggested Matter to his Majesty of making his Declaration against the Peace Secondly We have perused the King's Declaration disavowing of the late Peace and are of Opinion for ought to us appearing That the King hath thereby withdrawn his Commission and Authority from the Lord-Lieutenant This is clearly proved out of a Branch of the said Declaration taking away and nulling all Commissions granted by him In that Declaration the King will have no Friends but the Friends of the Covenant Hence it is evidently inferred That his Majesty's Authority is taken away from the Lord-Lieutenant unless he be a Friend to the Covenant as we conceive he is not but if he be he is not our Friend nor to be trusted by us in having Authority over us In the same Declaration the Irish Nation as bloody Rebels are cast from the Protection of the King's Laws and Royal Favours It may not therefore be presumed That he would have his Authority kept over such a Nation to govern them We do joyn with you in that you represent to wit There is no Safety to be expected from Covenanters or Independents for the Catholick Religion or this Nation If that of the Peace be proved the only Safety we are for it However we conceive the benefit thereof is due to us having made no breach of our part Thirdly Something of our sense concerning what way may tend best to the Nation 's preservation we will say beneath and do offer our clear intentions before God to joyn with you and all Men in what will be found the best and fafest way to such preservation Fourthly We are of Opinion and did ever think all our Endeavours should be employed to keep the King's Authority over us But when his Majesty throweth away the Nation from his protection as Rebels withdrawing his own Authority we cannot understand this Mystery of preserving the same with us and over us or how it may be done Whereas you say That many of those considerable will instantly make their Conditions with the Enemy if the King's Authority be taken away by himself as by his Declaration it is and not driven away by the Subject In such case when the People may not hold it likely they will not agreewith the Parliament for not having it We are of Opinion the best remedy the King's Authority being taken away as was said of meeting this Inconvenience of the Peoples closing with the Parliament is returning to the Confederacy as it was intended by the Nation in case of breach of Peace on his Majesty's part This will keep a Union amonst us if Men will not be precipitantly guilty of breach of their Oath of Association which Oath by two solemn Orders of two several Assemblies is to continue binding if any breach of the Articles should happen of his Majesty's part The King's Authority and the Lord-Lieutenant's Commission being recalled by the Declaration abovesaid we are of Opinion the Lord-Lieutenant hath no such Authority to leave If we must expose Lives and Fortunes to the hazard of fighting for making good that Peace seeing the danger and prejudice is alike to defend that or get a better Peace Why should we bound ourselves within the limits of those Article to disavowed Upon consideration of the whole matter we may not consent with safety of Conscience to the Proviso's of revoking our Declaration and Excommunication demanded by his Excellency or granting any Assurance to him or the Commissioners of Trust for not attempting the like in the future and that for many Reasons especially for I. That the King's Authority is not in the Lord-Lieutenant nor Power in us to confer a new Authority on him being also destructive to the Nation to continue it in him and preservative if in another And that was our sence when we declared against the King's Authority in his person II. We much fear we should lose the few Churches remaining under his Government as we lost under him all the Churches of the City of Waterford and Kilkenny and the Towns of Wexford Ross Clonmell Cashell Fethard Kilmallock c. in this agreeing with the Maccabees Maxims Maximus vero primus pro sanctitate timor erat templi III. His Excellency having declared at Cork that he will maintain during his Life the Protestant Religion according to the Example of the best Reformed Churches which may be the same in substance with the Oath of Covenant for ought we know we may not expect from him Defence of the Catholick Religion IV. The Scandal over all the World to make choise of one of a different Religion especially in Rome where his Holiness in his Agreement or Articles with the Queen of England had a Catholick Governour granted tho' not performed And we do fear the Scourges of War and Plague that have fallen so heavy upon us and some Evidences of God's Anger against us for putting God's Cause and Churches under such a hand whereas that Trust might have been managed in a Catholick Hand under the King's Authority V. That we shall find no Succour or Countenance from any Catholick Prince of the Church or Laity he governing but Reproach and Disgrace VI. That the Souldiers by the ill Success of his Conduct have not the heart to Fight under him and so we shall be lost if we come to fighting VII We find the People generally in great fear to be lost under his Government and are of Opinion That the greater part of the People will agree with the Parliament if the Authority were continued in him despairing of Defence under him VIII That we declared against him having the King's Authority out of no Spleen or Malice against his person so save us God but for the fear we had upon good deliberation of the utter Ruine and Destruction of the Nation under his Government and that now finding no reasons or ways of Preservation by him we may not with reason be induced to alter our Opinion especially the King's Authority being not in him IX That those two considerable Corporations remaining are at great distance with his Excellence for giving Commissions to take away their Goods and other reasons and are thought to be resolved not to submit to him ☞ though they resolve to appear as in their intentions and actions they conceive they are Faithful to the Crown and to the King's Authority Obedient if placed in another person Ormond's Reply WE had reason to hope that if the Offer we made should not meet with the success we desired yet that so affectionate a Manifestation of our Love to the Nation transporting us to an Overture of Reconciliation with those that had so much injured us would not have given ground for repeating old and casting new Aspersions upon us But for Answer to this Paragraph we refer to our Letter and to our Answer to the eleventh Article of their Declaration Appendix 48. Here they readily declare their Opinion concerning
ulla a Rege Vindic. Ever 105. yet as Father Ponce confesses or rather boasts they were endeavouring all they could to resort to their first Confederacy without any regard to the King But as soon as the Assembly understood the Lord-Lieutenant's Resolution to leave the Kingdom without appointing a Deputy they sent the Lords Clanrickard and Dillon and two more to him with the following Publick Act and Declaration of the Assembly The General Assembly's Publick Act and Declaration Dated at Loghreogh the 17th of December same Year 1650 upon and some few Days after Receipt of the precedent Letter from the Marquess of Ormond then Lord-Lieutenant of Ireland WHereas the Archbishops and Bishops met at this Assembly have of their own free accords for removing of Jealousies that any might apprehend of their Proceedings declared and protested That by their Excommunication and Declaration at Jamestown in August last they had no other Aim than the Preservation of the Catholick Religion and People and did not propose to make any Vsurpation on his Majesty's Authority or on the Liberties of the People confessing it belongs not to their Jurisdiction so to do upon consideration of which their Declaration and Protestation and their Professions to that purpose in this Assembly and of his Excellency's Letter dated the 16th of November last recommending unto us as the chief ends for which this Assembly was called the removing of all Divisions as the best way for our Preservation We the Lords Spiritual and Temporal and Gentry met in this Assembly conceiving that there is no better Foundation and Ground for our Vnion than the holding to and obeying his Majesty's Authority to which we owe and ought to pay all dutiful Obedience do hereby declare and protest That our Allegiance to his Majesty is so inherent in us that we cannot be withdrawn from the same nor is there any power or authority in the Lords Spiritual or Temporal Gentry or People Clergy or Laity of the Kingdom that can alter change or take away his Majesty's Authority we holding that to be the chief Flower of the Crown and the Support of the Peoples Liberty which we hereby protest declare and avow and also do esteem the same essentially inviolably and justly due from us and the chiefest Mean under GOD to uphold our Vnion and Preservation And do unanimously beseech his Excellency in his great Affections to the Advancement of his Majesty's Service and his hearty desires to this Nation 's preservation to which he hath relation of highest Concernments in Blood Alliance and Interest to leave that Authority with us in some person faithful to his Majesty and acceptable to the Nation To which person when made known unto us we will not only afford all due Obedience but will also offer and propose the best Ways and Means that God will please to direct us to for preservation of his Majesty's Rights and Peoples Interests and Liberties and for begetting ready Obedience in all places and persons to his Majesty's Authority And we do farther declare That albeit Drogheda and all other places which were upon conclusion of the Peace in January 1648 in the Enemies power in this Kingdom the Cities of London Derry and Dublin only excepted were in his Excellency's time of Government and Conduct through many hazards in his person and loss in his Fortune reduced to his Majesty's Obedience God was pleased to bring us to the State and Condition we are at present yet we are fully satisfied that his Excellency had faithful Intentions and hearty Affections to advance his Majesty ' Interests and Service in this Kingdom Loghreogh 7th Decem. 1650. By Command of the Assembly Richard Blake Hereupon his Excellency sent them word That he had sent a Deputation to the Marquess of Clanrickard to Govern the Kingdom provided that their Declaration might be so far explained as to give the Marquess of Clanrickard full satisfaction that the Expressions they made touching the Obedience they owed and resolved to pay unto his Majesty's Authority was meant The Authority placed in his Lordship or any other Governour deriving or holding his Authority from his Majesty and that they esteem it not in the Power of any Person Congregation or Assembly whatsoever to discharge or set the People free from obeying his Lordship or any other such Governour during the continuance of the said Authority in him without which he said he could not in Duty to his Majesty leave his Authority subject to be tossed to and fro at the uncertain Fancies of any Man or Men and without any probability of saving the Nation which could be no otherwise effected than by an absolute chearful Obedience of the People unto the Authority placed over them And so having given charge to the Lord Clanrickard not to accept the Government upon other Terms and having refused a Pass from Ireton which a great Man yet living sollicitous of Excellency's safety had obtained and being accompanied with the Lord Insiquin and the Colonels Vaughan Wogan and Warren and about twenty more in a small Vessel of twenty eight Tun and four Guns he set sail for France about the middle of December leaving ULICK Marquess of CLANRICKARD Earl of Saint ALBANS Lord-Deputy to whom the Assembly applied themselves and besought him to assume the Government as Lord-Deputy of Ireland according to the Power left with him by the Lord-Lieutenant But the Marquess absolutely refused to do it except they satisfied the Proviso mentioned in the Lord-Lieutenant's Letter to them and that he saw such an Union amongst them as might free the King's Authority from the Affronts it had been exposed unto Whereupon they petitioned him again to assume that Authority without which the Nation as they said would be exposed to Ruine and they promised entire Obedience thereunto and for farther manifestation of the Sincerity of their Intentions they made the following Act By the General Assembly of the Kingdom of Ireland Logreogh 24th of Decemb. 1653. ALthough this Assembly have endeavoured by their Declaration of the 7th of this Month to give full Testimony of their Obedience to his Majesty's Authority yet for further Satisfaction and for removal of all Jealousies we do further declare That the Lords Spiritual or Temporal Gentry or People Clergy or Laity of this Kingdom shall not attempt labour endeavour or do any Act or Acts to set free or discharge the people from yeilding due and perfect Obedience to his Majesty's Authority invested in the Lord Marquess of Clanrickard or any other Governour or Governours of this Kingdom And in case of any such Labour Act or Endeavour by which any Mischief might ensue by seducing the people we declare That no person or persons shall or ought to be lead thereby but by their Disobedience on any such grounds are lyable and subject to the heavy Censures and Penalties of the Laws of the Land in force and practised in the Reign of Henry the Seventh and other Catholique Princes Nevertheless it is further
into my hands they have violated the Trust reposed in them by having cast off and declined the Commission and Instructions they had from me in the King my Master's behalf and all other Powers that cou'd by any other means be derived from him and pretend to make an Agreement with your Highness in the Name of the Kingdom and People of Ireland for which they had not nor could have any warrantable Authority and have abused your Highness by a counterfeit shew of a private Instrument fraudulently procured and signed as I am informed by some inconsiderable and factious Persons ill-affected to His Majesty's Authority without any knowledge or consent of the generality of the Nation or Persons of greatest Quality or Interest therein and who under a seeming zeal and pretence of Service to your Highness labour more to satisfie their private Ambition then the advantage of Religion or the Nation or the prosperous Success of your Highness's generous Undertakings and to manifest the clearness of mine own Proceedings and make such deceitful Practices more apparent I send your Highness herewith an Authentick Copy of my Instructions which accompanied their Commission when I imployed them to your Highness as a sufficient evidence to convince them And having thus fully manifested their breach of Publick Trust I am obliged in the King my Master's Name to protest against their unwarrantable proceedings and to declare all the Agreements and Acts whatsoever concluded by those Commissioners to be void and illegal being not derived from or consonant to His Majesty's Authority being in Duty bound thus far to vindicate the King my Master's Honour and Authority and to preserve his just and undoubted Rights from such deceitful and rebellious Practices as likewise with an humble and respective Care to prevent those prejudices that might befal your Highness in being deluded by counterfeit shews in doing you greater Honour where it is apparent that any Undertaking laid upon such false and ill-grounded Principles as have been smoothly digested and fixed upon that Nation as their desire and request must overthrow all those Heroick and Prince like Acts your Highness hath proposed to your self for God's Glory and Service the Restauration of oppressed Majesty and the Relief of his distressed Kingdom which would at length fall into intestine Broils and Divisions if not forcibly driven into desperation I shall now with a hopeful and cheerful importunity upon a clear score free from those Deceits propose to your Highness that for advancement of all those great Ends you aim at and in the King my Master's behalf and in the Name of all the Loyal Catholick Subjects in this Nation and for the preservation of those important cautionary Places that are Security for your Highness's past and present Disbursements you will be pleased to quicken and hasten those Aids and Assistances you intended for the Relief of Ireland and I have with my whole Power and through the greatest Hazards striven to defend them for you and to preserve all other Ports that may be at all times of Advantage and Safe-guard to your Fleets and Men of War having yet many good Harbours left and also engage in the King my Master's Name for whatsoever may prove to your Satisfaction that is any way consistent with his Honour and Authority and have made my Applications to the Queen's Majesty and my Lord-Lieutenant the King being in Scotland further to agree confirm and secure whatsoever may be of advantage to your Highness and if the last Galliot had but brought 10000 l. for this instant time ☜ it would have contributed more to the Recovery of this Kingdom than far greater Sums delayed by enabling our Forces to meet together for the Relief of Limerick which cannot but be in great distress after so long a Siege and which if lost although I shall endeavour to prevent it will cost much Treasure to be regained And if your Highness will be pleased to go on chearfully freely and seasonably with this great Work I make no question but God will give so great a blessing thereto as that myself and all the Loyal Subjects of this Kingdom may soon and justly proclaim and leave recorded to Posterity that your Highness was the grâ—â—t and glorious Restorer of our Religion Monarch and Nation and that your Highness may not be discouraged or diverted from this generous Enterprize by the Malice or Invectives of any ill-affected it is a necessary Duty in me to represent unto your Highness that the Bishop of Ferns who as I am informed hath gained some Interest in your favour is a Person that hath ever been violent against ☜ and malitious to His Majesty's Authority and Government and a fatal Instrument in contriving and fomenting all these Divisions and Differences that have rent asunder this Kingdom the Introduction to our present Miseries and weak Condition And that your Highness may clearly know his Disposition I send herewithal a Copy of part of a Letter written by him directed to the Lord Taaf Sir Nicholas Plunket and Jeffery Brown and humbly submitted to your Judgment whether those expressions be agreeable to the Temper of the Apostolical Spirit and considering whose Person and Authority I represent what ought to be the Reward of such a Crime I must therefore desire your Highness in the King my Master's behalf that he may not be countenanc'd or intrusted in any Affairs that have relation to His Majesty's Interest in this Kingdom where I have constantly endeavoured by all possible Service to deserve your Highness's good Opinion and obtaining that Favour to be a most faithful Acknowledger of it in the Capacity and under the Title of Your Highness's Most Humble and Obliged Servant CLANRICKARD Athenree 20th Octob. 1651. These Letters were as pat to the Duk 's purpose as could be for it justified him in not sending Succours until there should be a New and more Authentick * Null is suppetias missurus antequam alius tractatus concluderetur Vindiciae Eversae 139. Treaty and it also justified his Answer not to Treat any farther with the Agents without his Majesty's †Progredi in tractatu noluit donec de regis voluntate constaret Ibid. Approbation Which being made known to his Majesty he sent the Lord Goring with Letters of the 6th of February from Paris to thank his Highness for refusing farther Treaty with the Irish Agents and to propose to enter into a new Treaty with him about the Relief of Ireland but the Duke by this time had finished his Intrigue at Rome and therefore gave a very short answer That his Majesty had nothing in Ireland to treat for The Year 1651 1651. could not well be otherwise than successful for on the one side the Irish were distracted and divided and on the other side the English Army was rendered Immortal by those constant and seasonable Supplies both of Men and Necessaries that were sent them from England so that notwithstanding their frequent Expeditions
to new Consultations how yet to bring their wicked ends and contrivances to full effect making the Seats of their Assembly at the City of Kilkenny there with full advice of their Titular Clergy and Popish Lawyers Without any Authority derived from your Majesty they call a Parliament which being Assembled they turned into a National Assembly utterly strange to the Laws of England and Ireland and to your Majesties Royal Prerogative which they falsely pretend to maintain there they Enacted That no other Temporal Government or Jurisdiction shall be Assumed Kept or Exercised in this Kingdom save what shall be approved by the General Assembly or Supream Council There they set up a new Form of Government utterly opposite to the Laws of England and Ireland and your Royal Authority Ordering a Council for Governing in each County a Council in each Province and a Council for the Kingdom by the Name of The Supream Council of the Confederate Catholicks to be held at Kilkenny or elsewhere they appoint These Councils are to be the ordinary Judicatories to hear and determine all Causes as well touching Life and Member as amply as your Majesties Judges of Oyer and Terminer and Goal-delivery could do and accordingly they give Judgment of Death by Votes against your British Subjects whom otherwise also they Hang and Execute by Warrants of their Commanders and others without Process or other proceedings as also to Hear and Determin all Causes for Goods Chattels and Interests and to establish Rents and Possessions as if a right of Conquest were already vested in them And they Ordain that all Persons of all professions and degrees shall obey their Orders there they establish the Romish Clergy in all the Possessions of the Church throughout the Kingdom and appoint an Oath of Association to be taken in all the Parishes of the Realm there they form Armies and Commanders of all sorts to resist your Majesties Forces and if they may to perfect their intended Conquest of this your Kingdom They appoint Sheriffs Coroners Constables and other Officers in each County to execute their Orders they in some parts have caused their Captains Officers and others to take Oath before their Titular Clergy that they shall not suffer any English or Protestant to live in this Kingdom or bear any Office no not so much as a petty Constable they by their Popish Clergy sollicited with all industry and travel powerful Aids from Foreign parts to Assist them in this Conquest whereby they seem to disclaim all dependance on your Majesty either for Favour or Justice They did set up the Spanish Colours publickly at Wexford amongst the Old English but Papists and Captain Ashly as we are credibly informed did testifie that they had done the like at Gallaway They by the crafty delusion of the Popish Clergy and the contracted hatred of the Papists against the British and Protestants had got into their Possession the most part of the Sea Ports out of which they have murdered or expulsed the English and Protestants which Ports they use as Inlets to all their foreign Supplies having also devised to have Admirals and other Officers at Sea to the End to become Masters of these Seas to your Majesties disherison and prejudice Whether these Expressions and Actions being but a few gathered out of many which we know of them either considered in the barbarous Irish or your better educated Old English or both be natural Streams issuing from a Fountain of real Intention to preserve and maintain your Royal Rights and Prerogative we submit to any equal Judgment In their Petition they say that their Adversaries have misrepresented their Addresses to your Majesty your Majesty may be pleased to remember that we certified thither that their Petition came not hither till the Seventh of August last which we soon after sent thither they having spent all the preceding Winter and the then succeeding Summer in their Courses of Rebellion whilst they had hopes all that time by force to carry the Cause never in all that time making Application in that Nature either to your Majesties Army or your Majesties Ministers that we could hear of until they found your Majesties Forces so to spread and prevail against them as put them in great fear then they betook themselves to the way of Petition having formerly most contemptibly despised and disobeyed your Majesties Proclamation under your own Royal Signature and Privy signet commanding them to lay down Arms then presuming by the Old Irish shift of feigned Profession of Subjection to abuse your Majesties boundless Mercy as their Ancestors had done the Royal Clemency of many of your famous Predecessors in several Ages to the continual Disquiet fruitless Expence and as it fell out dishonour of themselves and their Subjects of England whereof Records and Histories are full And as to their Addresses by Read then a Rebel with them it is most fraudulently alledged for although it be true that in December 1641. a few of the Rebelli ous Noblemen and Gentry of the Pale framed a Petition and delivered it to Read seeming to intend to send him away with it to your Majesty yet he tarried with them unsent until March after at which Time after the Siege of Drogheda raised and that he could no longer live in those parts he rendered himself to the Lord Marquess of Ormond in the Field not coming as a Messenger from them in any such kind and in his Examination he declares that after he had received that Petition he demanded of them several Times when he should be sent away to which they only answered there would be time enough for that they then making account to carry all before them by strength of Arms. And as to their Charge against their Adversaries if thereby they mean us we do unanimously and in all Truth deny our selves to be their Adversaries farther than they are so to your Majesty your Crown and Royal Estate as they are of which their present Condition we are so well assured as we cannot without base Disloyalty shew our selves to them in that behalf other than Adversaries and it cannot be justified or made appear that ever we or any of us have had Contentions with or heart burning against any of them in respect of any our private Interest or Intercourse but have always treated them before this Rebellion as our Friends and your Majesties Loyal Subjects as we then took them to be And where they asperse those Adversaries with the Crime of Bloud committed on their Wives and Children We cannot deny but that in the Course of the War forced by them upon us for our own necessary Defence and for the Preservation of this your State and Kingdom some of their Blood hath been shed by your Majesties Army in Fights with them which we wish they had drawn upon themselves but if they look back upon their own Beginning and proceding in this horrid Rebellion they shall find themselves heavily loaden with the crying
any of them shall joyn with us in this Act following J. A. B. Do in the Presence of Almighty God and all the Angels and Saints in Heaven and by the Contents of this Bible promise vow swear and protest to bear Faith and true Allegiance to Our Soveraign Lord King Charles and the Heirs and Successors of His Body begotten and will defend Him and Them as far as I may with my Life Power and Estate against all Persons that shall attempt any thing against His or Their Persons Honours Estates or Dignities and that I will in exposing my Self Power and Estate joyn with the Irish Army or any other to recover His Royal Prerogatives forcibly wrested from him by the Puritans in the Houses of Parliament in England and to maintain the same against all others that shall directly or indirectly endeavour to suppress or do any Act contrary to real Government as also to maintain Episcopal Jurisdictions and the Lawfulness thereof in the Church-Power Priviledges of Prelates the lawful Rights and Priviledges of the Subjects and I will do no Act or thing directly or indictly to prejudice the Publick Exercise of the Roman Catholick Religion in any of His Majesties Dominions and that I will joyn with and be assisting to the Members in the Common-weal for Redresses to be had of the Grievances and Pressures thereof in such Manner and Form as shall be thought fit by a lawful Parliament and to my Power as far as I may ☜ I will oppose and bring to condign Punishment even to the loss of Life and Liberty and Estate all such as shall either by Force or Practice Councels Plots Conspiracies or otherwise do or attempt any thing to the contrary of any Article clause or thing in this present Oath Vow and Protestatation contained and neither for Hope of Reward of Fear of Punishment nor any respect whatsoever shall relinquish this Oath and Protestation So help me God This Declaration and Oath was entred in the Counsel Book of Kilkeny and this a true Copy thereof Witness my Hand this Ninth of May 1644. Hierome Green Cler. Counsel Kilkeny Appendix XII The Protestation and Declaration of the Lords Spiritual and Temporal and Commons in Parliament Assembled against the Irish Rebellion the 17th of November 1641. WHereas the happy and peaceable Estate of this Realm hath been of late and is still interrupted by sundry Persons ill affected to the Peace and Tranquility thereof who contrary to their Duty and Loyalty to His Majesty and against the Laws of God and the fundamental Laws of this Realm have traiterously and rebelliously raised Arms seized upon His Majesties Forts and Castles and dispossessed many of his faithful Subjects of their Houses Lands and Goods and have slain many of them and committed other cruel and inhuman Outrages and Acts of Hostility within this Realm The said Lords and Commons in Parliament Assembled being justly moved with a right Sense of the said disloyal Rebellious Proceedings and Actions of the Peesons aforesaid do hereby protest and declare that the said Lords and Commons from their hearts do detest and abhor the said abominable Actions and that they shall and will to their utmost Power maitain the Rights of His Majesties Crown and Government of this Realm and the Peace and Safety thereof as well against the Persons aforesaid their Abbetters and Adherents as also against all foreign Princes Potentates and other Persons and Attempts whatsoever And in case the Persons aforesaid do not repent of their aforesad Actions and lay down Arms and become humble Suitors to His Majesty for Grace and Mercy in such convenient Time and in such manner and form as by His Majesty or the chief Governour or Governours and the Councel of this Realm shall be set down The said Lords and Commons do further protest and declare that they will take up Arms and will with their Lives and Fortunes suppress them and their Attempts in such a way as by the Authority of the Parliament of this Kingdom with the Approbation of his Excellent Majesty or of His Majesties chief Governour or Governours of this Kingdom shall be thought most effectual Appendix XIII His Majesties Proclamation against the Irish Rebellion By the KING WHeras divers lewd and wicked Persons have of late risen in Rebellion in our Kingdom of Ireland surprized divers of our Forts and Castles possessed themselves thereof surprized some of our Garrisons possessed themselves of some of our Magazines of Arms and Ammunition dispossessed many of our good and loyal Subjects of the British Nation and Protestants of their Houses and Lands robbed and spoiled many Thousands of our good Subjects of the British Nation and Protestants of their Goods to great values Massacred multitudes to them imprisoned many others and some who have the Honour to serve us as Privy Councellors of that our Kingdom We therefore having taken the same into our Royal consideration and abhorring the wicked Disloyalty and horrible Acts committed by those Persons do hereby not only declare our just Indignation thereof but also do declare them and their Adherents and Abettors and all those who shall hereafter joyn with them or commit the like Acts on any of our good Subjects in that Kingdom to be Rebels and Traitors against our Royal Person and Enemies to our Royal Crown of England and Ireland And we do hereby strictly charge and command all those Persons who have so presumed to rise in Arms against us and our Royal Authority which we cannot otherwise interpret than Acts of high Rebellion and detestable Disloyalty when therein they spoil and destroy our good and loyal Subjects of the British Nation and Protestants that they immediately lay down their Arms and forbear all further Acts of Hostility wherein if they fail we do let them know that we have authorized our Justices of Ireland and other our chief Governour or Governours and General or Lieutenant-General of our Army there and do hereby accordingly require and authorize them and every of them to prosecute the said Rebels and Traitors with Fire and Sword as Persons who by their high Disloyalty against us their lawful and undoubted King and Sovereign have made themselves unworthy of any Mercy or Favour whereinour said Justices or other Governour or Governours and General or Lieutenant-General of our said Army shall be countenanced and supported by us and by our powerful Succours of our good Subjects of England and Scotland that so they may reduce to Obedience those wicked Disturbers of that Peace which by the Blessing of God that Kingdom hath so long and so happily enjoyed under the Government of our Royal Father and Us. And this our Royal Pleasure We do hereby require our Justices or other chief Governour or Governours of that our Kingdom of Ireland to cause to be published and proclaimed in and throughout our said Kingdom of Ireland Given under our Signet at our Palace of Westminster the First Day of January in the 17 th Year of
perfecting and concluding of these Articles by vertue or pretence of any Authority which is now by these Articles agreed on Provided also that the said Commission shall not continue longer than the first day of the next Parliament 33. Item It is concluded ordered and agreed by and between the said parties and his Majesty is further graciously pleased that for the determining such differences which may arise between his Majesties Subjects within this Kingdom and the prevention of inconvenience and disquiet which through want of due remedy in several causes may happen there shall be Judicatures established in this Kingdom and that the persons to be authorized in them shall have power to do all such things as shall be proper and necessary for them to do and the said Lord Lieutenant by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them shall name the said persons so to be authorized and do all other things incident unto and necessary for the setling of the said intended Judicatures 34. Item At the instance humble suit and earnest desire of the General Assembly of the Confederate Roman Catholicks it is concluded accorded and agreed upon That the Roman Catholick Regular Clergy of this Kingdom behaving themselves conformable to these Articles of Peace shall not be molested in the possessions which at present they have of and in the Bodies Sites and Precincts of such Abbies and Monasteries belonging to any Roman Catholick within the said Kingdom until settlement by Parliament and that the said Clergy shall not be molested in the enjoying of such Pensions as hitherto since the Wars they enjoyed for their respective livelihoods from the said Roman Catholicks and the Sites and Precincts hereby intended are declared to be the Body of the Abby one Garden and Orchard to each Abby if any there be and what else is contained within the Walls Mears or ancient Fences or Ditch that doth supply the Wall thereof and no more 35. Item It is concluded accorded and agreed by and between the said parties that as to all other demands of the said Roman Catholicks for or concerning all or any the matters proposed by them not granted or assented unto in and by the foresaid Articles the said Roman Catholicks be referred to his Majesties gracious favour and further Concessions In witness whereof the said Lord Lieutenant for and on the behalf of his most excellent Majesty to the one part of these Articles remaining with the said Roman Catholicks hath put his Hand and Seal And Sir Richard Blake Knight in the Chair of the General Assembly of the said Roman Catholicks by order command and unanimous consent of the said Catholicks in full Assembly to the other part thereof remaining with the said Lord Lieutenant hath put his Hand and the publick Seal hitherto used by the said Roman Catholicks Jan. 17. 1641. and in the 24th year of the Reign of our Sovereign Lord CHARLES by the Grace of God King of Great Britain France and Ireland c. Appendix XLIV A Circular Letter from the Popish Clergy in Approbation of the Peace of 1648. SIRS AS a War undertaken principally for Religion gave us all the world over the reputation of a Catholick People even so the Peace now concluded between the Kings Lieutenant and us speak us a most Loyal Nation as complying with his Majesty in his greatest necessity though in our thoughts and occasions during these seven years Wars we have still this Loyalty and have oft publickly sworn it yet lay we under the suspicion of many men but by the present Agreement all blemish of that kind is taken away We are of opinion that our sense of this Peace would give you a confidence to receive and submit to it willingly and chearfully to which end we do hereby give you assurance we have by this Peace in the present Concessions and in the Expectations of further gracious Favours from his Majesties Goodness received a good satisfaction for the Being and Safety of Religion And the Substance thereof as to the Concessions for Religion is better than the Sound By the temporal Articles the Lives Liberties and Estates of men are provided for so as now you have a clear quarrel without thought or the least colour of suspicion for you fight purely against Sectaries and Rebels for God and Caesar and under those Banners you may well hope for Victories We do hereby pray you may with joy and much happiness wear his green Lawrel of happy Peace and so we remain Your Fathers and Servants in Christ Jesus Signed Johannes Archiepiscopus Tuamen David Ossoriens ThomasMiddens Franciscus Aladens Edwardus Limericens NicholausFernens Fa. Hugo Duacens Pat. Drumorens Andr. Finwarens Appendix XLV 13 March 1649. Remedies proposed to his Excellency for removing the Discontents and Distrusts of the People and for advancing his Majesties service presented by such of the Clergy as met at Lymerick the 8th of March 1649. and the Commissioners of Trust I. HAving joyned our selves in this meeting upon your Excellencies Summons and in compliance with your pleasure in delivering our sense how any life might be conserved in this gasping Kingdom The following considerations we thought fit to be represented to your Excellency II. It is generally thought that most of the present Distresses of the Kingdom did proceed from the want of a Privy Council as ever it was accustomed heretofore to assist the Government of this Land in War and Peace We conceive it essentially necessary that such a Council be framed of the Peers and others Natives of the Kingdom as well Spiritual and Temporal to sit with your Excellency daily and determine all weighty affairs of the Country by their Counsel The Commissioners of Trust being only instrusted for the due observation of the Articles of Peace had not the Authority of Counsellors and the affairs that intrench most upon the matters of State of the Kingdom were not their study or charge III. That there be an exact Establishment of the Forces forthwith settled and agreed on directing what numbers the Army of the Kingdom shall consist of Horse and Foot what each Province shall bear what number each Regiment Troop and Company shall consist of and laying down such Rules that no payments be made but according to the number of Forces that shall be visible and extant for service and the said establishment to be forthwith put in Execution and the said Army once established and made certain not to be multiplied or exceeded other than by solemn further establishment to be made with the consent and concurrence of the Commissioners of Trust if there be cause for it And in that Establishment a certain and sure course to be taken that all the Forces have the same assurance and the like equality of payment for all the Army And in that Establishment all preventions possible to be set down for avoiding the burthening of the People with thorough-fare
conventionem dicti Reverendissimus D. Nicolaus D. Hugo Procuratores nostri aut quilibet illorum aget concludet aut determinabit virtute hujus nostrae Commissionis Dat. Galuiae quinto Octobris anno Domini 1650. Franciscus Aladensis Episcopus Procurator D. Joannis Archiepiscopi Tuamensis Fr. Thomas Archiep. Dublimensis Hiberniae Primas Joan. Rapotensis Episcopus Procurator Primatis Ardmachani Walterus Clonfertensis Episcopus Procurator Lacghiniensis Episcopi Fr. Antonius Episcopus Clanmacnosensis Fr. Arthurus Dunen Coneren The Commission to the Bishop of Fernes and Sir James Preston In Dei Nomine Amen MEmorandum quod anno Domini 1651. die vero mensis Aprilis septimo nos infra scripti tam nostro quam omnium fere Procerum Nobilium ac Popularium Catholicorum Regni Hiberniae Nominâ— nominibus quorum sensuum in hac parte consensuum certam exploratam notitiam habemus nominavimus constituimus elegimus deputamus omnibus quibus possumus modo via jure ac ratione Procuratores Agentes negotiorum nostrorum Gestores generales speciales ita ut specialitas generalitati non deroget aut è contra conjunctim etiam divisim si ita opus fuerit in casu mortis aut alterius inevitabilis necessitatis Reverendissimum in Christo Patrem ac Dominum D. Episcopum Fernensem clarissimum ac nâ—bilissimum D. D. Jacobum Prestonium Equitem Auratum ut supra ad agendum tractandum consulendum ac firmiter concludendum cum serenissimo Principe Carolo Duce Lotharingiae quem in Regium Protectorem Regni Hiberniae eligimus nostro omniumque praefarorum nominibus ad agendum cum praefata sua Celsitudine tam in super negotio principâ—li Protectionis memoratae quam in de aliis articulis propositionibus postulatis nostris conventis non conventis tale negotium quomodo concernentibus cum omnibus annexis connexis emergentibus dependentibus aliqua ratione concernentibus generaliter omnia alia in praemissis agendi faciendi ac si nos ipsi praesentes essemus Et quicquid in praedictis fecerint concluserint tractaverint consenserint convenerint cum praefato serenissimo Duce Lotharingiae seu cum ejus haeredibus aut assignatis suis seu cum ejus eorumque agentibus legatis procuratoribus seu aliis quibuscunque mandatum potestatem ad id specialem habentibus uno vel pluribus nos ratum gratum aeceptum habituros promittimus per presentes Et ad id nos ipsos Successores Haeredes nostros aliosque quos possumus in perpetuum obligamus Datum sub signis sigillis nostris anno dieque quibus supra in Praesentia testium infra scriptorum Galviae in Provincia Conaciae Regno Hiberniae praesentis mansionis nostrae seu refugii loco Fr. Thomas Archiepiscopus Dubliniensis Hiberniae Primas Robertus Corcagien Cloanen Episcopus Fr. Antonius Clunamacnosensis Episc Procurator Primatis Hiberniae Walterus Cluanfertensis Procurator Laghlinensis Franciscus Aladensis Episcopus Et nos major seu praetor Galuiensis confirmamus nostris Suffragriis ratificamus praedictum procuratorium et personas in eo nominatas nostros etiam procuratores ut supra constituimus die anno quibus supra cum infra scriptis de concilio nostro Append. XLVIII The Declaration and Excommunication of the Popish Clergy at Jamestown A DECLARATION of the Archbishops and other Prelates and Dignitaries of the Secular and Regular Clergy of the Kingdom of Ireland against the Continuance of his Majesty's Authority in the Person of the Marquess of Ormond Lord Lieutenant of Ireland for the Misgovernment of the Subject the ill Conduct of his Majesty's Army and the Violation of the Articles of Peace Dated at Jamestown in the Convent of the Friars Minors August 12. 1650. THE Catholick People of Ireland in the Year 1641 forced to take up Arms for the Defence of Holy Religion their Lives and Liberties the Parliament of England having taken a Resolution to extinguish the Catholick Faith and pluck up the Nation root and branch a powerful Army being prepared and designed to execute their black rage and cruel Intention made a Peace and published the same the 17th of January 1648 with James Lord Marquess of Ormond Commissioner to that effect from his Majesty or from his Royal Queen and Son Prince of Wales now Charles II hereby manifesting their Loyal Thoughts to Royal Authority This Peace or Pacification being consented to by the Confederate Catholicks when his Majesty was in Restraint and neither He nor his Queen or Prince of Wales in condition to send any Supply or Relief to them when also the said Confederate Catholicks could have agreed with the Parliament of England upon as good or better Conditions for Religion and the Lives Liberties and Estates of the People than were obtained by the above Pacification and thereby freed themselves from the Danger of any Invasion or War to be made upon them by the Power or England where notwithstanding the Pacification with His Majesty they were to dispute and fight with their and his Enemies in the three Kingdoms Let the World judg if this be not an undeniable Argument of Loyalty This Peace being so concluded the Catholick Confederates ran sincerely and cheerfully under his Majesty's Authority in the Person of the said Marquess of Ormond Lord Lieutenant of Ireland plentifully providing vast Sums of Moneys well nigh half a Million of English Pounds besides several Magazines of Corn with a fair Train of Artillery great Quantity of Powder Match Amunition with other Materials for War After his Excellency the said Lord Lieutenant frustrating the Expectation the Nation had of his Fidelity Gallantry and Ability became the Author of almost losing the whole Kingdom to God King and Natives which he began by violating the Peace in many Parts thereof as may be clearly evidenced and made good to the World I. The foresaid Catholicks having furnished his Excellency with the aforesaid Sum of Mony which was sufficient to make up the Army of 15000 Foot and 2500 Horse agreed upon by the Peace for the preservation of the Catholick Religion our Sovereign's Interest and the Nation his Excellency gave Patents of Colonels and other Commanders over and above the Party under the Lord Baron of Inchiquin to Protestants and upon them consumed the Substance of the Kingdom who most of them afterwards betrayed or deserted us II. That the Holds and Ports of Munster as Cork Youghall Kingsale c. were put in the Hands of faithless Men of the Lord of Inchiquin's Party that betrayed the Places to the Enemy to the utter endangering of the King's Interest in the whole Kingdom This good Service they did his Majesty after soaking up the Sweat and Substance of his Catholick Subjects of Munster where it is remarkaable that upon making the Peace his Excellency would no way allow his Loyal Catholick Subjects of Cork Youghall Kingsale and other Garisons
if valid are a good Title against Mr. Sullevan and his Abettors I will therefore endeavour to Rescue them from his Objections And as to the first though misinformation or false Suggestion may avoid the Grant of a Prince to his Subjects yet that Rule does not hold between Princes else all Contracts Leagues and Treaties in the World would be avoided on slight Pretences of being misinformed in one Point or other Besides the Pope Alexander III. after some Years Experience and full information of the English Conduct and Proceedings in Ireland gave a new Bull of Confirmation as aforesaid Hanmer 141. And says the Book of Houth he besought the Devil to take all those that gainsaid the Kings Title to Ireland but after all the Suggestions were no other but that the Country was Barbarous and needed Reformation which was so true that the Irish Historians themselves do frequently confess it As to the Second the very Bull mentions That the King shall be their Liege Lord and Sovereign And Henry II was accordingly received as King by the Clergy Nobility and People and both he and his Successors had always the Title of Sovereign Lords and did continually exercise and enjoy Monarchical Authority and Royal Jurisdiction in Ireland Daviâ— 2. 4 Inst 357. under the Name and Stile of Lords And Vrban III granted Power to the King to appoint which of his Sons he pleased King of Ireland Moreover Henry VIII by all the Kingdom in Parliament was acknowledged and declared King of Ireland Which Pope Paul IV considering he officiously erected Ireland into a Kingdom Council of Trent 367. and granted it to Queen Mary that so it might seem as if she derived that Title from him or his Authority which she had before by a better Right As to the Third The Peter-Pence which are but a sort of Proxies propter Beati Petri visitationem and must of Necessity determine with the Jurisdiction of the Visitor which is long since banished out of his Majesties Dominions are mentioned by way of Reservation and not by way of Condition and are to be paid by the People and not by the King And the Reformation of the Irish is proposed by way of Direction and Advice and doth not make the Bull Conditional Besides Conversion is the effect of Grace and the Act of God for which no Man can undertake and therefore such a Condition would be Impossible and Void However the English have heartily endeavoured to Reform that People and to bring that Noble Country into a general Practice of True Religion and Civility and though we do not boast much of our Success hitherto yet now that it is likely better and more effectual Methods will be used than heretofore we do not doubt but that they will produce suitable Effects But I have spent too much time about these paltry Bulls and therefore I will leave them and proceed to the solid and legal Titles which the Crown of England hath to the Kingdom of Ireland and the first is that of Descent from Eva Daughter of Dermond Mac Morough who was actually King of Leinster and whose Ancestors were Monarchs of Ireland The second is by lawful Conquest in a just War The third is by many solemn Oaths Compacts and Submissions of the Princes Nobility Gentry and People of Ireland The fourth is by several Statutes and Acts of Recognition And the last which alone were sufficient is by above five hundred years Prescription But two Things are to be wondred at Isti Reges non fuerunt ordinati solemnitate alicujus Ordinis nec Vnctionis Sacramento nec jure haereditario vel aliqua propâ—ietatis successione sed vi armis quilibet regnum suum obtinuit Davis 16. First That the Irish who never observed the Right of Succession but dethroned and succeeded one another by force as they were able sometimes the Posterity of Hiber sometimes of Herimon and sometimes the Issue of Ithy getting into the Monarchy should yet complain of Force in others or that Rotherick O Connor who drove Dermond out of Leinster should think it unreasonable that Dermond should drive him out of Connaugh assoon as he could The Second is That any body in Ireland should dispute the English Title to that Island after they and their Ancestors for above five hundred years have been born and bred under the Allegiance of the Kings of England But that which is most strange is Burks Butlers Breminghams Barryes Roch Condon Power Fitzgirald c. That four parts in five of the Inhabitants in Ireland are of English Extraction and have setled there since the Conquest and by vertue of it and yet many of them are so blinded with an ignorant Zeal for Popery that they have endeavoured to cut the Bough they stand on and have Associated with Mr. Sullevan and his Complices to destroy the English Government of Ireland and have been frequently in Rebellions to that purpose not without expressing Inveteracy against the English Name and Nation and all for want of duly considering that thereby they made way for their own Extirpation since the old Irish who say the Country was given them by God would if they had power no more endure the first Conquerors than the last Settlement Sale of Ireland nor allow the Title of the Fitzgiralds the Butlers and the Burks any more than that of the Boyles the Coots or the Clotworthyes I must yet continue this Digression to give an Account of the Complaints that are made against the English Government of Ireland and they are these First That the English profan'd the Churches and Sacred Places and instances Philip of Worcester and Hugh Tyrrel who took a Brass Pan from the Priests of Down and Gerald Earl of Kildare who burnt the Church of Cashel and put it off with a Jest That he would not have done it but that he thought the Archbishop was in it Secondly That Offices of Profit and Places of Trust were mostly given to Englishmen Thirdly That they suffer none of the Potentates to sit in Parliament but such as are qualified by the English Law and therefore the Parliaments are void Vnde deducitur omnia Parliamenta Regum Britannorum authoritate coacta in Hibernia deincepsque more pristino celebranda prorsus inita infirma injusta violenta esse says my Author Fourthly That Benefit of Law is not given but to the Quinque Sanguines so that the Irish are as it were Outlaws in their own Countrey and may be slain as Enemies Lastly The Irish were perswaded to surrender their Estates on promise to re-grant them in a better and more legal Form whereas really they were cheated and the King reserved a Tenure to himself and gave the Irishman only the Possessions and Profits And for these and other Injuries says Mr. Sullevan pag. 61. the English Kings could never enjoy Ireland quietly but were disturbed with many and almost continual Rebellions Little did this Objector think that his
Officer under the King that entred very poor could in one Year heap up more Wealth than Men of great Estates in many Years And III. How it chanced since they were all called Lords of their own that the Sovereign Lord of them all was never the richer for them The King who knew what they aimed at was very unwilling to restore the Lands and Jurisdictions he had resumed and therefore tryed all other ways to reform the Kingdom and please the People He turned out many of his Judges and Officers that were most obnoxious particularly Elias de Ashbourn whose Estate he caused to be seized Thomas de Montepessulano and Henry Baggott Judges of the Common Pleas He sent a Writ to the Lord Deputy to certifie the Qualities Services Fees Number and Behaviour of his Officers in Ireland He ordered that all Pardons or Suspensions of the King's Debts that were by green Wax or otherwise except Pardons or Releases under the great Seal should be vacated and the Debts levyed He also commanded the Lord Justice Darcy or his Deputy to employ no others in any considerable Office than such Englishmen as had Estates in England and to turn out all that were not so qualified And also enjoyned him not to alien or grant any of the King's Lands until he be fully informed of the Circumstances by Inquisition And whereas the Treasurer of the Exchequer did claim a Privilege to dispose of any Sum under one hundred Shillings toties quoties as he pleased without Voucher or Account the King supersedes that evil Custom and orders him to account for what is past since the beginning of his Reign and to issue no more Mony without the Presence or Consent of the Lord Justice Lord Chancellor and Council And whereas the Treasurer used to name Sheriffs that Nomination is conferred on the Chief Governour and Chancellor and Council who are enjoyned to put in Persons fit for the Office And whereas the Treasurer for Rewards used to forbear the King's Debts so that many of them were lost that Practice is also prohibited for the future And the Treasurer is ordered Not to receive the King's Mony in his Chamber or elsewhere privately but only in the publick Office The King also sent a Writ to be certified of the Particulars which were seized by virtue of the aforesaid Writ of Resumption And John Darcy Senior had an Order to have his Part of those Lands restored The Lord Justice the Deputy and the Chancellor or any two of them were authorized to supervise and regulate the Exchequer And yet all this and whatever else the King could do did not quiet the Kingdom until there was a general Restitution of these resumed Estates which was done 26 Edw. 3. And it must not be forgot that Walter Archbishop of Ardmagh Pryn 277. being in the time of Edw. 2. advanced to that See by the Popes Provision wherein were some Clauses prejudicial to the Crown the King refused to restore the Temporalities unto him until he had renounced all Clauses in the Pope's Bulls prejudicial to the King or his Kingdoms and engaged to pay a Fine of one thousand Crowns for that Misdemeanour but the Archbishop died before the Fine was paid And about this time Process issued to levy the same on the Temporalities of his Successor but it was irregular and illegal and therefore the King superseded that Process and directed that it should be levyed of the Heirs or Executors of the said Walter And about this time John Larch Prior of the Hospital of S. John of Jerusalem in Ireland and Mr. Thomas Wogan were sent to the King by the Prelates Earls Barons and Commons of Ireland with a long Catalogue of the Grievances of those Times to be seen at large together with the King's Answer in Mr. Pryns Animadversions 279. But Whether these Agents were sent from the Parliament at Dublin or the discontented Assembly at Kilkenny non constatâ— But 't is certain that not long after the Lord Justice was removed and Sir Ralph Vfford came over Lord Justice 1334. he married the Countess Dowager of Vlster and was a grave severe Man and the likeliest Person of that Age to reduce the Seditious to their Duty however the Irish and the old English speak very hardly of him and after they had given him the worst Character imaginable they add That there was a continual Tempest in Ireland from the time of his landing to the Day of his Death Camb. 189. 'T is certain they hated him so that in Sight of the People and at noon-day he was robbed of his Cloaths Mony Plate and Horses by Mac Cartane at Emerdullin no Body endeavouring to help or rescue him nevertheless he afterwards raised the Men of Vrgile and gained the Pass and entred Vlster On the twenty fourth of November the King and Parliament at Notingham made Ordinances for the Reformation of Ireland which are the same mentioned already 17 Edw. 2. ante pag. 112. which is there mistaken for 17 Edw. 3. as I suppose for though both my Lord Cook and Mr. Pryn quote 17 Edw. 2. yet I rather believe both their Books are misprinted than that the same Ordinances should be repeated at the same Place and in the same Year of both Kings But however that be my Lord Cook adds this Clause Volumus praecipimus quod Nostra Terrae nostrae negotia praesertim majora ardua per Peritos Conciliarios ac Praelatos 4 Inst 350 351. Magnates quosdam de discretioribus Hominibus i.e. the Commons in Parliamentis tractentur disâ—utiantur terminentur Vide postea ad annum 1357. And this he says does regulate the Parliaments of Ireland according to the Institution of England for before this time the great Meetings in Ireland were rather general Assemblies of the Great Men than properly Parliaments I find it asserted in the Argument of a Case about the Precedency of the Lord of Kerry before the Lord of Slane 12 Jac. 1. that the first regular Parliament in Ireland was held anno 12 Edw. 3. but I do not find any other Authority that there was any Parliament held that Year at all Certainly the greatest Assembly that was at any time in either of these King's Reigns at Parliament was anno 1302. being 30 Edw. 〈◊〉 the Number upon the Parliament Roll amounting to no less than one hundred fifty six The Parliament 8 Edw. 2. was nevertheless more considerable because of the Quality of the Persons for there were the four Archbishops ten Bishops the Abbot of S. Thomas the Prior of Kilmainham and the Dean and Chapter of Dublin There were also many Irish Lords as O Hanlon Duke i.e. Dux Captain or Chief of Orry O Donel Duke of Tyrconnel O Neal Duke of Tyrone c. and almost all the English Nobility in Ireland Others make a distinction between Grand and Petit Parliaments Lib. M. Lambetâ— the former were properly Parliaments and in them the
and Language and not to forestal the Markets of Limerick nor correspond with the Irish And so we come to the Parliament which began at Dublin on the first Day of May and on the last Day of that Month was adjourned to Kilkenny and did there sit the twenty fifth Day of July and on the twenty first was adjourned to Cashel and on the twenty eighth was from Cashel adjourned to Limerick and there it sat on the second of August and continued until the nineteenth and then was adjourned to Dublin to meet the fifteenth Day of September and so after several Prorogations it was finally dissolved the twentyeth Day of December 1537 and enacted as followeth I. The Attainder of the Earl of Kildare and his Complices This Act recites all their Treasons and Retrospects to the eighth Day of July 20 Hen. 8. II. The Parliament reciting That Ireland is appending and belonging to the Crown of England doth make void and nullifie the King's Marriage with the Princess Katharine his Brother's Wife and doth ratifie the Divorce judicially made between them by the Archbishop of Canterbury It also confirms the King's Marriage with Anne Bullen and prohibits Marriage within the Levitical Degrees and orders that Persons so married shall be divorced and their Children after such Divorce shall be illegitimate Then it entails the Crown on the King's Heir Males by Queen Anne and for want of such to his Heirs Males by any other Wife and for want of such to the King's Heirs Female by Queen Anne and particularizes the Princess Elizabeth and the Heirs of her Body c. And that it shall be Treason to Write or Act against the aforesaid Marriage or the Settlement of the Crown and Misprision of Treason to speak against either of those things and deprives the Offenders of Benefit of Sanctuary it makes the Queen and such Counsellors as the King shall appoint Guardians of the Infant King or Queen if it so happen till their respective Ages of sixteen if a Queen and eighteen if a King and prescribes an Oath for the Observation of this Settlement to be taken by the Subject and makes it Misprision of Treason to refuse it III. The Act of Absentees recites the Inconveniences that have happened by reason of the Absence of those that have Estates in Ireland and then vests in the King the Honours and Estates of the Duke of Norfolk the Lord Berkly the Earl of Waterford and Shrewsbury the Heirs General of the Earl of Ormond the Abbot of Furnes the Abbot of S. Augustins of Bristol the Prior of Christ-Church of Canterbury the Prior of Lanthony the Prior of Cartinel the Abbot of Kentesham the Abbot of Osny the Abbot of Bath and the Master of S. Thomas of Dacres 4 Inst 354. And it was resolved anno 1612. That the Earl of Shrewsbury did lose the Title of Earl of Waterford and Viscount Dungarvan by this Statute Nevertheless he had a very good Recompence in England for his Losses in Ireland And it is not unworthy our Remembrance How this Statute came to be made and the Occasion was thus The King being inclined to make Mr. Ailmer who was then Lord Chief justice of the Common Pleas Lord Chief Justice of the King's Bench the Earl of Shrewsbury at the instance of some of his Tenants in Waterford or Wexford opposed his Preferment alledging That Ailmer was a silly fellow and unfit for such a Place whereupon the King repremanded the Lord Cromwel for recommending such a Coxcomb to him the Lord Cromwel begs the King to discourse with Ailmer assuring his Majesty That he was misinformed The King consented and Ailmer being come the King asked the true reason of the Decay of Ireland Ailmer Answered That it was because the Estated Men who used to Reside and Defend their own Estates and countenance their Tenants did now generally dwell in England and left Ireland a Prey to the Natives But that if his Majesty would oblige the Estated Men to Residence or seize their Estates to his own use he would soon find a Reformation The King tickled with this Advice gave Ailmer Thanks and assured him Care should be taken of it next Parliament IV. A Suspension or Repeal of Poyning's Act pro hac Vice V. That the King his Heirs and Successors be Supreme Head on Earth of the Church of Ireland and shall have Power to reform redress c. Heresies Errors and Offences c. And that his Commissioners shall take no Proxies for their Visitations but convenient Meat Drink and Lodging on pain of four times the value VI. That there shall be no Appeals to Rome on Pain of Premunire and that the Chancellor with the Consent of the two Chief Justices the Master of the Rolls and the Vice-Treasurer or any two of them may assign Delegates to Hear and Determine all Appeals to the Chief Governour VII An Act against slandering the King or Queen or their Title c. And that those guilty of High Treason shall not have the Benefit of Sanctuary and that Treasons committed beyond Seas may be tried in Ireland and that all Estates of Inheritance ergo Estates Tail shall be forfeited for High-Treason VIII That the Clergy shall pay Annates or First-Fruits i.e. a Years Profit and shall pay or compound before Possession The Chancellor Master of the Rolls and Vice-Treasurer or any two of them whereof the Vice-Treasurer to be one or any others commissioned by the King may compound and give Instalments That the Bonds for First-Fruits shall have the Effect of Bonds of the Staple and eight Pence to be paid for a Bond and four Pence for an Acquittance and no more IX An Act to vest in the King Sir Walter Delahide's Lands in Carbry in the County of Kildare X. That if the Robber or Felon be found Guilty upon an Indictment by means or Prosecution of the Party robbed that then he shall have Restitution as if it had been done upon an Appeal XI An Act to suppress all Tributes Pensions and Irish Exactions claimed by the Irish from Towns or Persons for Protection XII An Act against the Pope to suppress his Usurpations and that it shall be Premunire to defend or assert his usurped Authority or Jurisdiction and that all Persons Ecclesiastical or Lay That have Office or Benefice c. shall take the Oath of Supremacy mentioned in the Act and the Refusal of that Oath shall be Treason It seems there was much Difficulty to get this Act and the former Act for the King's Supremacy to pass both Houses many of the Clergy opposing them stifly until the Archbishop Brown made the following Speech which being well sconded by Justice Brabazon so startled the rest that at length both Bills passed The Archbishop's Speech was thus My Lords and Gentry of his Majesty's Kingdom of Ireland BEhold your Obedience to your King is the observing of your Lord and Saviour Christ Bish Brown's Life 7. for He that High-Priest of our
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
Election and had a Freehold of forty Shillings per annum the Town of Drogheda excepted was repealed and in lieu of it this Parliament enacts I. That Electors in Counties must have Freehold worth forty Shilling per annum ultra reprizas on pain of one hundred Shillings and that the elected in Counties Cities or Towns must be resident and the Sheriff shall forfeit one hundred Pound if he makes a Return contrary to this Act and the Party one hundred Pound more II. That on the Death Absence or Resignation of the chief Governour the Chancellor shall issue Writs to all the Privy-Counsellors in the Counties of Dublin Meath Louth Kildare Kilkenny Typerary Wexford Waterford Cork Kerry and Limerick and they being assembled shall chuse a Lay-man of English Birth to be chief Governour during the King's Pleasure and if no such Man fit for the Place can be got then the Council shall chuse two Lay Persons of English Blood and sirname to be Lords Justices to whom the Lord Chancellor shall administer the Oath and give Patents Note this Statute recites That the former Act already mentioned 10 Hen. 7. That in these Cases the Lord Treasurer should be chief Governour was repealed 13 Hen. 7. although the Roll be lost but whether it be so or not is not worth the Enquiry III. An Act touching mispleading and Jeofailes IV. That although all Estates are forfeitable for Treason yet because several of the Nobility lately created and others whom the King designs to enoble are very ignorant in the Knowledg of the Duty of a Subject they are the Words of the Act to the end they may not pretend Ignorance it is enacted That if any Person confederate with the King's Rebels against his Majesty or attempt any wilful War or Invasion against his Subjects or do transgress their Allegiance in any treasonable manner or do break their voluntary Pacts or Covenants made at the time of the King's Grant that then being convict thereof they shall forfeit all the Benefit and Effect of the King's Patents and for the time to come there shall be a conditional Clause inserted into every Patent to that effect V. An Act for the suppression of Kilmainham and other Religious Houses And in a 3d Session of this Parliament held at Dublin on Monday next after the Feast of All saints anno Dom. 1542 and 34 Hen. 8. it was enacted First That Meath be divided into two Shires viz. Meath and West Meath Secondly That Persons bound by Recognisance to appear in any Court shall be excused if they are in the King's Service and if their Recognisance be estreated they shall be discharged by Writ giving a new Bond for their Appearance at another Day And at another Session of this Parliament at Dublin the seventeenth Day of April 1543 it was enacted That the Castle and Mannor of Dungarvan should be united to the Crown And although all these Acts were Seasonable and very Good for that time yet there was not any one of them was of more Advantage to the Crown or that pleased the King better than that of making him King of Ireland for though it is manifest as the Act mentions that the Kings of England did always enjoy Regal Authority and Jurisdiction in Ireland under the Stile and Name of Lords yet the Irish did not pay that Reverence to the Name of Lord as they did to the Name of King or at least those that were traiterously disposed did make use of the distinction between Lord King Ware 161. to deceive and inveigle the Common People as hath been already related And therefore it being believed That this Statute would suppress and silence all those trifling Objections and Pretences there was exceeding Joy at the Publication of it in Dublin which was performed with great Solemnity at S. Patrick's Church in the presence of the Lord Deputy the Earls of Ormond and Desmond and others of the Nobility in their Parliament Robes and several of the Bishops and Clergy and the same Day a General Pardon was given to all Criminals and after much Feasting and Drinking and other Expressions of Joy the Ceremony was concluded with Bonfires And because some of these Laws were not practicable in Munster which was not so much inured to Civility as the Pale and those Countries near Dublin and where the use of the Laws of England except in some Cities and Towns where it was also much corrupted had been discontinued for almost two hundred Years The Lord Deputy and Counsel in magno Parliamento did publish certain temporary Constitutions Pro reformatione inhabitantium hujus Regni in partibus Momoniae qui nondum sic sapiunt Leges Jura ut secundum ea jam immediate vivere aut Regi possunt and they were notified to the Subject by way of Proclamation the twelfth of July 1542 and were as followeth 1. That King Henry be received and called King of Ireland 2. That Bishops may exercise their Jurisdiction in their Diocess according to the Law of God and the Canons 3. That Laymen nor Boys be not admitted to Ecclesiastical Preferments and that such as be in already shall be immediately deprived 4. That the Demesnes of Bishops and the Gleabs of Rectors and Vicars not exceeding ten Marks per annum be exempt and priviledged from Taxes 5. That all those who have Dignities or Benefices Ecclesiastical shall take Orders and Reside 6. That a General Peace be proclaimed throughout Munster and afterwards he that commits Murder or Robbery shall be fined forty Pound half to the King and half to the Lord of the Fee 7. That Larceny above the value of fourteen Pence shall be punished with the loss of one Ear the first time and tother Ear the second time and the third time with Death 8. No Horseman shall keep more Garsons or Boys than Horses on pain of twenty Shillings 9. That every Father shall answer for his Children Master for his Servants Gentleman for his Followers and Brother for his Brethren under his Tuition and shall give in a List of them 10. That every Kerne that has not a Master that will answer for him be taken as a Vagabond 11. That there be no more Exactions to maintain Horse or Foot or Kernes or to war against one another and that no more Coyne or Livery be taken but by the Deputies Order at a General Hosting 12. That nevertheless the Captain of the County must have the usual Contribution of the Country for the Publick and his own private Defence 13. That Petty Larceny be punished by a Fine of three Pound six Shilling and eight Pence whereof forty Shillings shall be paid to the Captain or Lord of the County and twenty Shillings to the Tanist si non est particeps criminis and six Shillings and eight Pence to the Informer 14. That no Man buy Goods above the Value of five Shillings from any suspected Person at his Peril if they prove to be stolen 15. Depopulatores
of an Incestuous Marriage so directly against the Law of God that no Power on Earth could dispense with it Dr. Burnet's Hist Reform 131. And that Marriage was judicially nulled and made void ab initio by the Divorce pronounced between the Parties by the Archbishop of Canterbury so that by consequence the Issue was bastardiz'd and rendred Illegitimate And II. Because the Crown was entailed upon Queen Elizabeth by Name by the Irish Statute of 28 Hen. 8. cap. 2. as hath been already observed and that Statute was not repealed in Ireland to that time It would be a lame Answer to the first Objection to insist upon the English Statute of 35 H. 8. which gave that King Power to dispose of the Crown by his Will for besides what some will alledg against Bills of Exclusion in general every Body will oppose that wild and unjust Method of Exclusion that has no regard to the Faults of the Party rejected nor to the Merits of the Person to be advanced but Exposes the Right of an Innocent to the Figary of an humersom Man Moreover it is a high Point to delegate the Legislative Power in an Instance of that Importance and if allowed would at once destroy all hereditary Right It is necessary therefore that we have recourse to something more solid and which really was the true Reason and it was this That Mary having gained Possession of the Throne in a Hurry by the Surprize and Confusion of the People in general the Easiness and Credulity of the Suffolk-men in particular and the Envy some bore to the Duke of Suffolk and the Malice others entertained against the Duke of Northumberland the Protestants did believe themselves obliged by the Laws of God and Man to obey the Queen de facto and to acquiesce in the Government that was actually over them and therefore the Clergy and the best and holiest of the Protestant Party chose rather to be Refugees and beg their Bread abroad than to be mutinous and disloyal at Home It is not to be doubted but that they did consult and throughly examine both the Laws of God and the Laws of the Land in that Particular and found by both Sanctions that it was not the Duty of the Subject to dispute the Title of the Prince in Possession this were to make the Rabble Judges of the Rights of Princes and to erect a Judicature above the Legislative Power and to introduce an Appeal from the Parliament to the People As to the First viz. The Law of God nothing was more plain than that a Christian peaceable Temper was commanded in General and a Submission to the King de facto in Particular and the Reason is Because the Power that is is of God for Caesar had no Right especially over the Jewish State but both Augustus and Tiberius were Usurpers and yet it was to them that our Saviour and the Apostles preached Obedience and commanded us To render the things that were Caesars And as to the second viz. The Law of the Land it has no regard to any other than the King de facto it is he that is only King within the Statute of Edward the Third of Treasons it is he only that by the Laws of England can grant Pardons Call and Dissolve Parliaments and Confirm their Acts In a Word It is he only that can do all Acts of Government and he is the Person who can and ought to give Protection to the Subjects and consequently is to have Allegiance from them the King de facto can punish Treasons committed against his Predecessor and his Rightful Successor may punish Treasons done against him and the Reason is Because it is the same continuation of the Regal Government and the Person is not regarded in Law any longer than it is cloathed with the Politick Capacity For the Relation that is between King and Subject Protection and Allegiance is reciprocal and the Obligation is mutual as it is betwixt Husband and Wife and therefore whensoever a King totally ceaseth the Exercise of his Royal Office he is dead in his Politick Capacity with which the Relation is and the Subject is at Liberty ad alia vota convolanda to the Successor and whether this happens by Force or Consent is no more to the purpose than it is whether a Man's first Wife was murdered or dyed of a Fever So that it is Plain That Possession of the Throne by the consent of the two Houses of Parliament does give a Right in reference to the Subject and therefore the Words King de jure are but terms of Art as Ens Rationis among the Logicians to signifie an Imaginary Notion they had no other name for and if this were not so there could be no Peace upon Earth since there is not a Crown in Europe to which there are not several plausible Pretenders whose Claims have many warm and furious Abettors and perhaps it would be very difficult for any man to define what Prescription is sufficient to give more Title to a Throne than is gained by the quiet Possession thereof The Case of Henry the Seventh hath been already mentioned wherein the Judges resolved That the Possession of the Crown and of the Regal Government cleared him of all Incapacities Defects and Attainders whatsoever It is necessary to add That the Preservation of the Community is the End and Design of all Laws and that the greatest Solecism that can be in the OEconomy of a Kingdom is to suspend the Government though but for a Moment And in Truth the whole Society would perish by a very short Interval wherein every Man might do what seems good in his own Eyes It is for this Reason there is no interregnum in England And therefore there always is a King to whom the English Subject owes Allegiance exclusively of all others and that can be no other than the King de facto who is trusted by the Law with the executive Power thereof and who alone doth or can give the People actual Protection If it were needful this might be farther urged because every Man is represented in Parliament and their Act is the Act of every individual Person and it is beyond controversie That every one is obliged to obey the Authority himself has owned and consented to And as to the second Objection it is easily answered That Ireland is a subordinate Kingdom to England and part of its Dominions and therefore whoever is King of England is ipso facto King of Ireland as much as of the Isle of Sheppy or of the Isle of Wight and it was so at Common Law and it is explained to be so by the Irish Statute of 28 Hen. 8. cap. 1. wherein it is enacted That the King and his Successors Kings of England shall be Kings of Ireland and that Kingdom is by the same Act united and knit to the Imperial Crown of England And therefore it follows That Ireland must submit to such disposal of the Crown as
thousand five hundred Pounds yet for the better furthering of the Service we desire Ten thousand Pounds if it may stand with your Convenience 6. That their Pay which was condescended unto from the Eighth of December be presently advanced to the Eighth of February next against which time we are confident they shall be ready to march 7. That a Man of Wâ—r or some Mâ—rchants Ships be sent from Bristol Westchester or Dublin to 〈◊〉 for a Safe Convoy and Guard of the Passage because they 〈…〉 Boats may be subject to Inconveniences from the Enemy 〈…〉 we hear are towards that Coast 8. That the sending 〈…〉 thâ—se Men be without prejudice to the Proceeding of the Treaty which we desire may go on without any delay Westm 24. Jan. 1641. JA. PRYMROSE Which Proposals were approved of by Both Houses but the King disliked the Third Article as appears by His Answer viz. His Majesty having perused and considered these Eight Propositions presented by the Scots Commissioners doth willingly consent to them all except only the Third which His Majesty doth not approve and wisheth the Houses to take that Article again into Consideration as a Business of very great Importance which His Majesty doubts may be prejudicial to the Crown of England and the Service intended And if the Houses desire it His Majesty shall not be unwilling to speak with the Scots Commissioners to see what Satisfaction he can give them therein And the next day they waited upon him and told him That since it was only Matter of Trust that was in debate they hoped that he who was their Native King would not shew less Confidence in them than the English Nation had done Whereupon His Majesty consented rather than the necessary Supplies for Ireland should be delay'd And on the Fourteenth of February a Committee of Both Houses went with a Message to the Spanish Ambassador to this effect That the Parliament were informed Husbands 79. That some Vessels in Dunkirk laden with Arms and Ammunition were designed for Ireland and that if they or any such Ships were suffered to go thence it should be interpreted a Breach of the Peace between England and Spain To which the Ambassador answered That he would be careful to continue the League between both Crowns and did assure them that those Ships were not bound for Ireland And on the same Fourteenth day of February His Majesty sent a Message to Both Houses in which are these Words For Ireland in behalf of which His Majesty's Heart bleeds as His Majesty hath concurred with all Propositions made for that Service by His Parliament so He is resolved to leave nothing undone for their Relief which shall fall within His possible Power nor will refuse to venture His own Person in that War if His Parliament shall think it convenient for the Reduction of that miserable Kingdom And in the same Month the Parliament knowing that the Sale of the Rebels forfeited Estates was the best way to prevent future Rebellions by English Plantations in Ireland and to raise Money for suppressing of this did vote as followeth viz. THe Lords and Commons taking into their serious Considerations Husbands 84. as well the Necessity of a speedy Reducing of the Rebels of Ireland to their due Obedience as also the great Sums of Money that the Commons of this Realm have of late paid for the Publick and Necessary Affairs of the Kingdom whereof the Lords and Commons are very sensible and desirous to embrace all good and honorable Ways tending to His Majesty's Greatness and Profit the Setling of that Realm and the Ease of His Majesty's Subjects of England And whereas divers Worthy and Well-affected Persons perceiving that many Millions of Acres of the Rebels Lands of that Kingdom which go under the name of Profitable Lands will be confiscate and to be disposed of and that in case Two Millions and a half of those Acres equally taken out of the Four Provinces of that Kingdom may be allotted for the Satisfaction of such Persons as shall disburse any Sums Money for the Reducing of the Rebels there it would effectually accomplish the same have made these Propositions ensuing 1. That Two Millions and a half of those Acres may be assigned allotted and divided amongst them after this Proportion viz. For each Adventurer of 200 l. 1000 Acres in Ulster 300 l. 1000 Acres in Conaught 450 l. 1000 Acres in Munster 600 l. 1000 Acres in Leinster all according to English Measure and consisting of Meadow Arable and profitable Pasture the Bogs Woods and barren Mountains being cast in over and above These two Millions and a half of Acres to be holden in free and common Soccage of the King as of his Castle of Dublin 2. That out of those two Millions and a half of Acres a constant Rent shall be reserved to the Crown of England after this Proportion viz. Out of each Acre thereof in Ulster 1 d. Conaught 1 ob Munster 2 q. Leinster 3 3. That for the erecting of Mannors settling of Waste and Commons maintaining of Preaching Ministers creating of Corporations and regulating of the several Plantations one or more Commissions be hereafter granted by Authority of Parliament 4. That Monies for this great Occasion may be the more speedily advanced all the Undertakers in the City of London and within 20 Miles distance thereof shall under-write their several Sums before the Twentieth day of March 1641. and all within Sixty Miles of London before the First day of April 1642. and the rest of the Kingdom before the First day of May 1642. 5. That the several Sums to be under-written shall be paid in at four Payments viz. one fourth part within ten days after such under-writing and the other three parts at three Months three Months and three Months all to be paid into the Chamber of London 6. That for the better Securing of the said several Sums accordingly every one that doth so under-write shall at the time of his Subscription pay down the twentieth part of the Total Sum that shall be by him then under-written And in case that the residue of his first fourth part be not paid in to such person or persons as shall be appointed to receive the same within the ten days before limitted then such Party shall not only forfeit the twentieth part of the Sum total formerly deposited but so much more of his first fourth Payment to be added thereunto as shall make up the one Moyety of the said first Payment And if the same Person shall fail in any other of the three Payments he shall then Forfeit his entire first fourth and all the Benefit of his Subscription which Forfeiture shall accrue to the common Benefit of the rest of the Undertakers The Lords and Commons upon due and mature Deliberation of these Propositions have approved of them and given their consent unto the same and will become humble Petitioners to His Majesty for His Royal Approbation thereof and
they explain this not to Import any thing inconsistent with the Peace nor to breed an Interruption or Impediment of it but to farther its Performance And tho' this Declaration notwithstanding any Explanation they could make of it was diametrically opposite to the Nature and Design of a Peace because this would reduce them to the Obedience and Condition of Subjects and that would still keep them up in the Condition of a Separate State yet there was a deeper Intrigue in this Matter viz. That if they would not part with their Association it necessarily followed that they could not part with their Army which was the Ligament and Support of it And therefore notwithstanding Glamorgan's Concessions yet that Earl must have Patience and wait for the expected Succors until the King should publickly ratifie what his Lordship had privately done and they did not doubt but the same Necessities continuing or rather encreasing would compel His Majesty to comply with their Expectations And in order to bring about their Designs they continued the Treaty with Ormond until the 21th of November and to cloak their Intrigues the whole Assembly on the Ninth of September did Vote That they would send Ten thousand Men to aid the King and would refer to His Majesty's Pleasure such things about Religion as Ormond either had not Power or not Inclination to grant But on the Fifteenth of November following they did in effect invalidate that Vote by alledging That they never undertook the Transportation of the Ten thousand Men to help the King but intended only their Assistance therein Nevertheless I must not conceal that the Anti-Nunciotists do aver That they design'd sincerely to send Succours to the King and to conclude a Peace with the Marquis of Ormond on the Terms afterwards agreed on and to refer the Secret Articles about Religion to His Majesty's Pleasure wherein they doubted not of as much Condescension as His Majesty could safely give because it had been so promis'd to them by the Earl of Glamorgan But the Nuncio arriving in Ireland in the nick of this Business quite altered their Measures and confounded their Affairs And whether it be so or not is scarce worth our Inquiry since we are sure of these few Truths That the Confederates sent no Succors at all to the King nor made the Peace till it was too late and did most perfidiously break it almost as soon as it was made But we must make room for a very extraordinary Man John Baptista Rinuccini Archbishop and Prince of Firmo the Pope's Nuncio who arrived in the River of Kilmair on the 22th day of October He sent before and brought with him 2000 Swords 500 Petronels 20000 Pound of Powder and Five or Six small Trunks of Spanish Gold and had in his Train 22 Italians besides several Clergy-men His Frigat which carried but 21 Guns was closely pursued by Captain Plunket in a Parliament Ship and had certainly been taken or sunk if the Cook-room of the English Ship had not accidentally taken Fire Never were People more troubled at a Disappointment than were the Seamen at this and yet scarce any Disappointment was ever more lucky For this Nuncio afterwards renew'd the fatal Distinction between Old Irish and Old English and split the Irish into * * Clerum ac populum primum diviserit mox inter se comiserit ac siâ— utriusque ruinae viam patefecerit Beling in Preface Factions which very much contributed as well to their Infamy as their Ruin He was receiv'd at Killkenny by the Supreme Council with extraordinary Joy and Respect and in a solemn manner was conducted to the Castle and in the great Hall he made an Oration in Latin to the Lord Viscount Mountgarret President of the Council Sancte jurat nâ—hil se contra 〈◊〉 regis commoda moliturum Beling 15. and amongst other things he did religiously swear to attempt nothing prejudicial to the King Nevertheless he was so little mindful of that Oath and had so small regard to the Peace and true Interest even of the Papists of Ireland that tho' he knew that the King in hopes of Succors from that Kingdom did so earnestly desire a Peace that the Fanaticks revil'd him with being an Humble Suitor to the Rebels for good Terms yet he made advantage of the King's Necessities and refus'd any Agreement that should not restore the Ecclesiastical Revenues and the Splendor of Popery and accordingly he positively wrote to his intimate Friend the Bishop of Killalla That if the Supreme Council should agree with Ormond he would take all the Bishops with him and leave the Kingdom But the Reader must take notice that all this while Ormond and the English were totally ignorant of the secret Negotiations of the Earl of Glamorgan until after the Defeat at Sligo which hapned on the 17th of October at which time the Titular Archbishop of Tuam was slain and in his Trunks was sound amongst other Papers a Copy of the Articles made with the Earl of Glamorgan which discovered such an Ocean of Contrivance and Intrigue as amazed the whole Protestant Party The Articles of this Peace and the Commission it was sounded upon and the Oath taken subsequent to it are all mentioned Appendix 27. which were so destructive to the Protestant Religion that Ormond and the Cavaliers could not believe that the King ever intended them in which Opinion they were confirm'd by the Asseverations of the Lord Digby That the Earl of Glamorgan had no such Commission or if he had it was surreptitiously obtain'd But however that were it was necessary to vindicate His Majesty's Reputation in an Affair so disobliging and scandalous and therefore the Lord Digby did on the 26th of December Impeach that Earl of Suspicion of Treason at the Council-board whereupon he was committed to Pâ—ison and a * * Earl of Roscomâ—n Lord Lambart Sir Jam. Ware Committee was appointed to take his Examination and an Account of this whole Proceeding was on the Fifth of January sent to the King whose excellent Answer thereunto is here recited verbaâ—im Appendix 28. But the Earl of Glamorgan upon his Examination confessed That he made those Concessions but that it was done under mutual Oaths of Secresie and That he conceived he had Warrant for what he did and That he did it with design to serve His Majesty and not to hurt the Protestant Religion Circumstances considered and That he conceives those Articles are not Obligatory to His Majesty and That he did not engage His Majesty's Faith or Honor further than by shewing his Authority and leaving it with them And then he gave the Committee Counterparts of all the Writings between him and the Irish And tho' the King was exceeding angry at the first News of this Affair as what he foresaw would be made use of by the Parliament to justifie all the Aspersions they had laid upon him in point of Popery yet when he had calmly considered that the Earl's
not a little influencd by the Queen and upon her account by the French who had an Agent in the Scots Camp they pretended Zeal for the King's Re-establishment and the Cardinal did really give the Lord Digby 10000 Pistols for the Service of Ireland which he brought to the Marquis of Ormond in July Nevertheless by what they did to the Irish Agents in France and the sequel of the whole Affair it is manifest that they were Ambodexters and their Interest lying in the Confusion and Desolâ—tion of these Kingdoms they did what they could to keep them embroil'd However the King confided much in this French Agent and it was he that managed the Treaty between His Majesty and the Scots and either he did really obtain or persuaded the King that he had got from them these following Concessions viz. 1. That they would not endeavour to Force his Conscience 2. That they would afford a safe Retreat amongst them to all His Majesties faithful Servants and Adherents And 3. That by Force or Treaty they would endeavour to reestablish him in his just Rights And upon these Terms the King went from Oxford to the Scots Camp near Newark from whence they removed him to Newcastle And whilst he was there lying under the deep Resentments of the Ingratitude and Perfidy of the Irish Rebels who always heightned their Demands as his Necessities encreased and clogg'd their Promises of Succours with harder Conditions than were fit to put upon any Christian not to say their King viz. the Subversion of the Religion he profest he was prevail'd upon by his Letter of the 11th of June 1646. to prohibit the Marquis of Ormond from Treating with them any â—arther To this Letter the Lord Lieutenant and Council returned the following Answer That they will not proceed in the Treaty and that the Rebels have three Armies in the Field viz. Munster Army which is before Bunratty Conaught Army which is before Roscomon and Ulster Army which hovers towards Dublin and that the Parliament Frigats are in the Harbor and all over the Coast hindering Provisions c. from coming to them and that the Cessation will determine the 13th of July and that they have but 13 Barrels of Powder and want all other Necessaries for the War and therefore they hope to renew the Cessation for a month and in the mean time do earnestly pray for Supplies adding That they cannot be sure that those that unprovoked fell upon them in a time of Quiet will not break a Cessation as soon as they find themselves baffled in their Expectations of a Peace And as to the unfortunate Battel at Bemburb wherein the Lord Blany was slain and the Lord Mongomery was taken Prisoner as soon as it was over Mr. Annesly and Mr. Beale by their Letters importuned the Lord Lieutenant to declare against the Irish which at that time he could not presently do in regard of the Cessation that was not then expired but upon the Tenth of June the Lord Folliot Monroe and Sir Charles Coot joyned with the others in an Address to the Marquis of Ormond to the same purpose and the Lord Folliot and Mr. Galbreth came with it although they had no safe Conduct or Passport for doing so which is the more strange because those Commissioners Mr. Annesly and Beale had refused a Pass to a Messenger Ormond would have sent to the King unless they might know his Errand and because in this Address they did not give Ormond the Title of Lord-Lieutenant Nevertheless his Excellency answered them That he would joyn with them and as soon as the Cessation expired viz. 13 July would declare against the Common Enemy Provided they would submit to His Majesties Authority But they who had all their Support from the Parliament could not do that and so this Negotiation determined without effect And in this condition stood Affairs when on the Fourth of July 1646. the Lord Digby one of the Secretaries of State and afterwards Earl of Bristol returned to Dublin from France and assured the Marquis of Ormond That notwithstanding the King's Letter of the Eleventh of June which was extorted from him by Duress and proceeded from Ignorance of the posture of Affairs in Ireland and particularly of the Advances of the Treaty of peace it was His Majesties Pleasure That a Peace should be concluded with the Irish and that he had a positive verbal Message from the King to that purpose and thereof he made a solemn and formal Protestation before the Lord Lieutenant and Council which being reduced to Writing was entred at large in the Council-Book at Dublin on the Twenty eighth of July and thereupon they proceeded to the Conclusion of the Peace which was perfected on the Thirtieth of July and is contained in the Articles mentioned Appendix 24. And the next day they wrote to His Majesty a full account of what they had done and desired His Majesty to send them no more Verbal Orders especially such as contradict the Written ones lest they want Vouchers of their Obedience to His Majesties Commands and be thought Disloyal in doing those things which nothing but Duty could make them do The Peace being thus made was solemnly Proclaim'd in Dublin and by General Preston in his Camp and the King at Arms and those of the Heralds-Office to the number of Ten with all their Formalities were on the Sixth of August sent to Proclaim it in the other Cities and Corporations of the Kingdom of whose Journey I will give an account in due time The Lord-Lieutenant did also send a kind Letter of the Third of August to Owen Roe to invite him to Dublin to give his Assistance towards the Settlement of the Nation and that General did on the Seventeenth return a very civil Answer importing That as yet he had no authentick Notice of the Peace from his former Masters but as soon as he should have it he would hasten to pay his Duty to the Lord-Lieutenant And on the Eleventh of August the Protestant Clergy made a grateful Remonstrance of Thanks to His Excellency for his Care of Religion and the Kingdom In the mean time the restless and indefatigable Nuncio had summon'd all the Popish Clergy to Waterford under pretence of an Apostolick Visitation and to prepare for a National Synod the famous Nicholas French Bishop of Ferns was Chancellor of this Congregation which being assembled notwithstanding their holy Pretences did nothing else but consult how to break the Peace they had so lately consented to and being puft up with the Success their Forces had met with this Summer and taking advantage of the distressed condition of His Majesty and his Army these Holy Fathers made short work with the Peace for on the 12th of August which was just a Fortnight after it was made they declared all those perjur'd that would submit to it and by solemn * * Appendix 30. Decree rejected it as not having sufficiently provided for the Liberty and Splendor of
Cromwell's Army was much harassed and but very small perhaps not exceeding 5000 Foot 2000 Horse and 500 Dragoons when he came before Waterford yet the fame of this General had so frightned the Irish that the Mayor and Governour of Waterford hearing of his approach did on the 28th of October send a Letter to the Marquess of Ormond to consult about the Terms to be insisted on at the Rendition of the City But Ormond the next day by his Letter chid them for their forwardness to Parly with the Enemy before any Battery was begun and assured them that if they did their Duty Cromwell should be baffled before that place as indeed it happened for he lost a 1000 Men with Sickness before it and went away without it And it was about this time in the Month of October that Mr. Seymour arrived in Ireland and brought with him the Garter to the Marquess of Ormond And it was by him that Ormond gave the following Account to his Majesty 30 Octob from Clonmell viz. That Ireland cannot be preserved without Succours that no People in the World are more easily drawn by Reward or forced by Fear than the Irish That he could not draw into the Field above 5000 Foot and 1300 Horse nor keep them long together for want of Necessaries That nevertheless there is no want of Men but of Maintenance for them that the Plague is in Conaught that the Irish and English in his Army cannot agree That no Trust can be put in Owen Roe's Army longer than their own Interest obliges them And therefore if his Majesty comes he ought to bring Ammunition and Money with him and land them at Galway And soon after from Waterford on the 15th of November his Lordship wrote again to his Majesty That the Irish are so fickle that for Trade's sake they will correspond with the Towns in the Rebels possession That the Irish Clergy are mutinous and by means of the Lord of Antrim will probably do some foolish and fatal thing From Waterford Cromwell marched to Dungarvan which he took and there on the 18th of November died Michael Jones Lieutenant-General of the Army a Man of clear Valour and excellent as well as fortunate Conduct and not inferiour to any body in a sincere passion for the good of his Country In the mean time the Towns of the Country of Cork being inhabited and garrison'd with English-men could not endure the thoughts of joyning with the Irish against their own Country-men they considered how the Lord-Lieutenant was not only limited in his Authority by the Commissioners of Trust and was but partially and precatiously obeyed by the Irish They knew the Irish aim'd at their Destruction in the end and continued the War to that purpose Finally they remembred the reasons of surrendring Dublin to the Parliament two Years before and they thought they had the same motive to submit now and therefore by the means of the Lord Broghill Collonel Countny Sir Percy Smith and the Collonels Townsend Jeffor'd and Warden they revolted all at once and about 2500 Men were drawn out of those Garrisons and they met Cromwell at Whitechurch not far from Dungarvan This Revolution dissolved all confidence between the English and Irish and as well for that reason as in other respects proved advantagious to Cromwell for otherwise he must have been forced to endure a long and dangerous March to Dublin or to have embark'd his Men on board the Fleet that coasted all along as he marched to attend him but by this Revolt he got excellent Winter-quarters in Cork Bandon Kinsale and Youghall which last place was made his Head-quarters and there we will leave him and enquire into the Motions of the Marquess of Ormond For although the Motions of that Lord could not be very considerable as well because of the Season of the Year and his want of Money and all other Necessaries as also because his Men did daily desert him in such numbers as that of all the Conaught Horse he had but nine and thirty left with him yet he so struggled with all these Difficulties that he still kept some Forces together hovering between Clonmell and Waterford And it hapned one day that he ferried over to Waterford with about fifty Horse in hopes to perswade that City to all that was necessary for its own preservation and the common good but when he came there he found that the Governor Lieutenant-General Farrel and Collonel Wogan from Duncannon had formed a design upon Passage-Fort and though Ormond much doubted the success yet it was not fit for him at that time to disswade the Attempt And so Farrell marched out but he was not long gone before a Party of the Enemies Horse was discovered to march towards Passage whereupon Ormond desired the Mayor to permit a Regiment or two of his Horse which were on the other side of the River to be wafted over and to march through the City but all his Commands and Intreaties were in vain although the Citizens saw the danger their Souldiers were in and the necessity of the proposed Relief However the Marquess marched out with his fifty Horse such as they were and met Farrell's Foot flying towards Waterford and Collonel Zankey's Horse in pursuit of them hereupon he drew up in a place of advantage and the Enemy thinking he had a greater Body of Horse with him than in truth he had lessened their pace till by advanced Parties they should discover the truth but Ormond pickeer'd so long with them that the remainder of the Foot being about one half had time to escape which else had been cut in pieces or taken Prisoners as their Companions were This very Accident shewed the necessity of the retaking Passage-Fort which else would be a continual Nusance to the City of Waterford and therefore the Lord-Lieutenant propos'd that he would transport his Forces over the River to accomplish that Undertaking if the City would permit his Army to Quarter in Huts under their Walls where they should be no ways burdensom but should have Pay and Provisions from the Country But the Citizens were so far from consenting to this that it was moved by one in the City-Council That they should seize on Ormond ' s person and fall on those that belonged to him as Enemies So that it was time for the Marquess to depart and because the principal Towns like so many petty Republicks stood so stifly upon their pretended Priviledges that they paid no farther Obedience to the Lord-Lieutenant than they thought fit and refused to receive his Army into Garrisons he was forced to disperse his Forces to provide for themselves as they could Luke Taaf went to Conaught and Insiquin into the County of Clare and the Lord Dillon into Westmeath only Major-General Hugh O Neil and 1600 Ulster-men were admitted into Clonmell and his Excellency return'd to Kilkenny And it was from hence that by his Letter of the 24th of December he acquainted his
compared with the Certificates here Also prevent the abuse in Coyning Vending annd Vttering small Moneys 14thly Endeavour to bring all to a Conformity in the Religion by Law Established and acquaint us with what difficulties you meet with therein 15thly Inspect our Forts Castles Magazines and Stores and endeavour to make Salt-Petre 16thly We are informed That small Profit hath heretofore come to our Exchequer by Castle-Chamber Fines tho Misdemeanors proper for punishment in that Court were many we would therefore have you look into the reasons thereof and to resettle and uphold the Honour and Jurisdiction of that Court for the repressing exorbitant Offences wherein our Learned Council are to do their Duty faithfully 17thly The Vice-Treasurer or his Deputy to receive all Money 18thly Reduce the Moneys there to the condition of Sterling and establish a Mint there 19thly Finding some Propositions of the Duke of Ormond recorded in the Register of Council-Causes 1662. fit to be observed we have renewed them with reference to your Government therefore observe them Lastly Several Popish Clergy since the return of the Duke of Ormond hither have exerâ—â—ed their Jurisdictions to the great grief of the Remonstrants If so execute the Laws against the Titular Archbishops Bishops and Vicar-Generals that have threatned or excommunicated the Remonstrants and that you protect such Remonstrants as have not withdrawn their Subscriptions These were the publick Instructions but the Administration of the Government seem'd to have another Foundation for now the Mystery of Iniquity began to appear and the Papists were publickly countenanc'd and indulg'd in Ireland many of them got into the Commission of the Peace and it was attempted also to bring them into the Army but Matters not running so smoothly as the Lord Lieutenant expected he returned to England for new Instructions and left the Government in the Hands of the Lord Chancellor and Sir Arthur Forbus Lords Justices who were Sworn on the 12 th of June and continued in that Office until his Excellency's return which was on the 23 d day of September 1671. In the mean time on the 21 st of February 1670. Collonel Richard Talbot Petitioned His Majesty in the behalf of His most distressed Subjects of Ireland who were outed of their Estates by the late Vsurped Powers which Petition was referr'd to a Committe of the Council to Examine and Report and a State of their Case was given to the Committee in Writing Whereupon on the 28 th of January the Kings Solicitor attended the Committe at the Council-Chamber His Majesty being present and there the Petition and Talbot's Commission from the Irish the State of their Case and the Paper of Instances were read On the 1 st of February the King being present Sir George Lane was call'd in and the first Instance being the Case of Mr. Hore was objected against him but Sir George baffled the Petitioners in that Matter and having prov'd an Agreement with Mr. Hore which His Majesty was pleased to say He remembred That Affair was clear'd to the satisfaction of the King and the Committee much contrary to the Expectation of the Petitioners who perhaps had prevail'd with the King to be there that he might be an Ear-witness of the Wrong that was done them But the King being weary of such Debates did on the 4 th of February in Council appoint the Lords Buckingham Anglesy Hollis and Ashley and Secretary Trevor or any three of them to be a Committee to Peruse and Revise all the Papers and Writings concerning the Settlement of Ireland from the first to the last and to take an Abstract of the State thereof in Writing And accordingly on the 12 th of June 1671. they made their Report at large which was the Foundation of a Commission dated the 1 st of August 1671. under the great Seal to Prince Rupert the Dukes of Buckingham and Lauderdale Earl of Anglesy Lords Ashley and Hollis Sir John Trevor and Sir Thomas Chichly to Inspect the Settlement of Ireland and all Proceedings from first to last in Order thereunto And this was followed by another Commission of the 17 th of January 1672. to Prince Rupert Earl of Shaftsbury the Lord Treasurer Clifford and others amongst whom the Dukes of Ormond was one to inspect the Affairs of Ireland viz. the Acts of Settlement and Explanation and the Execution of them and the disposing of Forfeited Lands and the State of His Majesties Revenue c. But how specious soever the Pretences were for these Commissions the secret Design was to unravel the Settlement and to humble the Duke of Ormond upon whom they always fell when the Popish Interest prevailed for otherwise the pretended Grievances if they had been really true were few and small and it were much better for the publick That even greater Irregularities than were complain'd of should remain unremedied than that the great and common Security of the Nation should be shaken And of this Opinion was the Parliament of England who always concern'd themselves effectually for the English Interest and the Protestant Religion in Ireland and accordingly on the 9th day of March 1673 they Address'd to His Majesty as followeth And this Address occasion'd that the aforesaid Commission of Inspection was Superseded on the 2d of July 1673. WE Your Majesties most Loyal Subjects the Commons in this Present Parliament Assembled taking into Consideration the great Calamities which have formerly befallen Your Majesties Subjects of the Kingdom of Ireland from the Popish Recausants there who for the most part are profest Enemies to the Protestant Religion and the English Interest and how they make use of Your Majesties Gracious Disposition and Clemency are at this time grown more Insolent and Presumptuous than formerly to the apparent Danger of that Kingdom and Your Majesties Protestant Subjects there the consequence whereof may likewise prove very fatal to this Your Majesties Kingdom of England if not timely prevented And having seriously weighed what Remedies may be most properly applied to those growing Distempers do in all Humility present Your Majesty with these our Petitions 1. That for the Establishment and Quieting the possessions of Your Majesties Subjects in that Kingdom Your Majesty would be pleased to maintain the Act of Settlement and Explanatory Act thereupon and to recall the Commission of Enquiry into Irish Affairs bearing date the 17 th of January last as containing many new and extraordinary Powers not only to the Prejudice of particular Persons whose Estates and Titles are thereby made liable to be questioned but in a manner to the overthrow of the Acts of Settlement and if pursued may be the occasion of great Charge and Attendance to many of Your Subjects in Ireland and shake the Peace and Security of the whole 2. That Your Majesty would give order that no Papist be either continued or hereafter admitted to be Judges Justices of the Peace Sheriffs Coroners or Mayors Sovereigns or Portreeves in that Kingdom 3. That the Titular Popish Archbishops
Bishops Vicars-General Abbots and all others exercising Ecclesiastical Jurisdiction by the Popes Authority and in particular Peter Talbot pretended Archbishop of Dublin for his notorious Disloyalty to Your Majesty and Disobedience and Contempt of Your Laws may be commanded by Proclamation forthwith to depart out of Ireland and all other Your Majesties Dominons or otherwise to be prosecuted according to Law And that all Convents Seminaries and publick Popish Schools may be dissolved and suppressed and the Secular Priests Commanded to depart under the like Penalty 4. That no Irish Papist be admitted to inhabit in any part of that Kingdom unless duly Licensed according to the aforesaid Acts of Settlement And that Your Majesty would be pleased to recal Your Letters of the 26 th of February 1671. and the Proclamation thereupon whereby general license is given to such Papists as Inhabit in Corporations there 5. That Your Majesties Letters of the 28 th of September 1672. and the Order of Council thereupon whereby Your Subjects are required not to prosecute any Actions against the Irish for any Wrongs or Injuries committed during the late Rebellion may likewise be recalled 6. That Collonel Talbot who hath notoriously assumed to himself the Title of Agent of the Roman Catholiks in Ireland be immediatedly dismissed out of all Command Military and Civil and forbidden Access to Your Majesties Court. 7. That Your Majesty would be pleased from time to time out of Your Princely Wisdom to give such further Order and Directions to the Lord Lieutenant or other Governor of Ireland for the time being as may best conduce to the Encouragement of the English Planters and Protestants Interest there and the Suppression of the Insolencies and Disorders of the Irish Papists there These our humble Desires we present to Your Majesety as the best means to preserve the Peace and Safety of that Your Kingdom which hath been so much of late in Danger by the Practices of the said Irish Papists particularly Richard and Peter Talbot and we doubt not but Your Majesty will find the happy Effects thereof to the great Satisfaction and Security of Your Majesties Person and Goverment which of all earthly Things is most dear to Your Majesties most Loyal Subjects But on the 5 th day of August 1672. 1672. Arthur Earl of Essex was Sworn Lord Lieutenant and in September his Excellency and the Council made Rules and Orders for Regulating of Corporations pursuant to a Clause in the Act of Explanation to that purpose And during his Government the Kingdom was very quiet in publick Appearance 1674. for whatever Designs were form'd in favour of Popery were private 1675. and in England and were so dexterously countermined by this Lord Lieutenant that there was but small effect of them perceived in Ireland but his Excellency went for England the day of 1675. leaving the Lord Chancellor and the Lord Granard 1676. Lords Justices who continued so until the return of the Earl of Essex who resumed the Goverment on the day of 1675. But in the beginning of the year 1675. Peter Fox and five more pretending to be Passengers in a very rich Ship in Holland called the St. Peter of Hamburgh bound for France did Murder the Master and three of his Crew and brought the Ship into Ireland but by the Wisdom and Diligence of Robert Southwell Esq Vice-Admiral of Munster five of the Malefactors were taken and executed and a great part of the Cargo preserv'd and secur'd for the right Owners But the Earl of Essex being recalled 1677. James Duke of Ormond was Sworn Lord Lieutenant on the day of August 1677. and that year there was a Popish Regiment raised in Ireland in pretence of Foreign Service but the Duke would give them no Arms so that they were forced to Exercise with Sticks But I should have mentioned That the St. David and forty East-India-Ships and forty Merchant-men arrived at Kingsale in July 1673. where they found a secure Sanctuary until they had Convoy sent them from England and this perhaps might be one motive to the Duke of Ormond the next time he took the Sword to consider the Importance of that Place which is the best Chamber for Shipping in His Majesty's Dominions There it was that the Spaniards landed in the year 1601. and there Sir Jeremy Smith and his Fleet sound a safe retreat Anno 1667. and therefore His Grace founded that Royal Structure of the New Fort of Rincorran which he visited in August 1678. and named Charles Fort and it seems that King James and the French had no less value for this important Place since they chose to land there in March 1688. In September the News of the Popish Plot arrived in Ireland 1678. and thereupon Peter Talbot Titular Archbishop of Dublin was apprehended and made close Prisoner in the Castle of Dublin and on the 11th of October the Lord-Lieutenant Ormond came to Dublin and on the 14th of October His Grace and the Council issued a Proclamation for all Officers and Soldiers to repair to their respective Garisons and Quarters and not to depart from thence without license And on the 16th of October there came out another Proclamation requiring all Titular Archbishops Bishops Vicars-General Abbots and other Dignâ—aries of the Church of Rome and all other exercising Ecclesiastical Jurisdiction by Authority from the Pope as also all Jesuits and other Regular Priests to depart the Kingdom by the 20 th of November and that all Popish Societies Convents Seminaries and Popish Schools should dissolve and separate themselves c. And that they may have convenience of Transportation all Ships outward-bound were by Proclamation of the 6th of November commanded to give timely notice of their departure and to take on board such of the Popish Clergy as desired to go with them And on the 2d of November the Papists were by Proclamation required to bring in their Arms by a certain day which being expired that the Justices c. should search for them And that all Papists that had above one Pound of Powder should send in an Account of their Store On the 20 th of November a Proclamation issued forbidding the Papists from coming into the Castle of Dublin or any other Fort or Cittadel and ordering the Markets of Droghedagh Wexford Cork Limerick Waterford Youghall and Galloway to be kept without the Walls and that no Papists should be suffered to reside or dwell in any Garison except such as had been Inhabitants there by the space of twelve months before and that the Papists should not meet in unusual Numbers or at unreasonable times And the same day issued another Proclamation for a reward of 10 l. for every Commission'd Officer 5 l. for every Trooper and 4 s. for every Foot-Soldier that can be discovered to have gone to Mass since he took the Oaths of Supremacy and Allegiance And here it will be but Justice to the memory of the Duke of Ormond to
take notice of and pursue the said Act of Oblivion without Pleading or Suit to be made for the same And that no Clerk or other Officers do make out or write out any manner of Writs Processes Summons or other Precepts for concerning or by reason of any Matter Cause or Thing whatsoever Released Forgiven Discharged or to be Forgiven by the said Act under pain of Twenty pound Sterling And that no Sheriff or other Officers do Execute any such Writ Process Summons or Precept and that no Record Writing or Memory do remain of any Offence or Offences Released or Forgiven or mentioned to be Forgiven by this Act And that all other causes usually inserted in Acts of General Pardon or Oblivion enlarging His Majesty's Grace and Mercy not herein particularized be inserted and comprized in the said Act when the Bill shall be drawn up with the Exceptions already expressed and none other Provided always that the said Act of oblivion shall not extend unto any Treason Felony or other Offence or Offences which shall be committed or done from or after the Date of these Articles until the First day of the before mentioned next Parliament to be held in this Kingdom Provided also that any Act or Acts which shall be done by vertue pretence or in persuance of these Articles or any of them after the Publication of the said Articles or any Act or Acts which shall be done by Vertue Colour or Pretence of the Power or Authority used or exercised by and amongst the confederate Roman Catholicks after the Date of these Articles and before the said Publication shall not be Accounted Taken Construed or be Treason Felony or other Offence to be excepted out of the said Act of Oblivion Provided likewise that the said Act of Oblivion shall not extend unto any Person or Persons that will not Obey and Submit unto the Peace Concluded and Argeed on by these Articles 16. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that an Act be Passed in the next Parliament prohibiting that neither the Lord Deputy or other Chief Governor Governors Lord Chancellor Lord High-Treasurer Vice-Treasurer Chancellor or any of the Barons of the Exchequer Privy Council or Judges of the four Courts be Farmours of His Majesty's Customs within this Kingdom 17. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that an Act of Parliament Pass in this Kingdom against Monopolies such as was Enacted in England 21. Jacobi Regis with a further clause of Repealing all Grants of Monopolies in this Kingdom and that Commissioners be Agreed upon by the said Lord Lieutenant and the Lord Viscount Mountgarret c. or any Five or more of them to set down the Rates for the Custom or Imposition to be laid on Aquavite Wine Oyl Yarn and Tobacco 18. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that such Persons asshall be Agreed on by the said Lord Lieutenant and the said Lord Viscount Mountgarret c. or any Five or more of them shall be upon conclusion of these Articles Authorized by Commission under the great Seal to Regulate the Court of Castle-Chamber and such causes as shall be brough into and censured in the said Court 19. It is further Concluded Accorded and Agreed by and between the said Parties and his Majesty is further graciously pleased that two Acts lately Passed in this Kingdom prohibiting the Plowing with Horses by the tail and the other prohibiting the burning of Oats in the Straw be Repealed 20. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that upon perfection of these Articles such course shall be taken against such who have disobeyed the Cessation and will not submit to the Peace if any shall Oppose it as shall be just and for the Peace of the Kingdom 21. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased forasmuch as upon application of Agents from this Kingdom unto His Majesty in the Fourth Year of his Reign and lately upon humble Suit made unto His Majesty by a Committee of both Houses of the Parliament of this Kingdom Order was given by His Majesty for redress of several Grievances and for so many of those as are not expressed in these Articles whereof both Houses in the next ensuing Parliament shall desire the benefit of His Majesty 's said former directions for Redresses therein that the same be afforded them yet so as for prevention of inconveniencies to His Majesties Service that the warning mentioned the 21 st Article of the Graces in the Fourth Year of His Majesties Reign be so understood that the Warning being left at the Persons dwelling Houses be held sufficient Warning and that as to the 22 d. Article of the said Graces the Process hitherto used in the Court of Wards do still continue as hitherto it hath done in that and hath been used in other English Courts but the Court of Wards being compounded for so much of the aforesaid Answer as concerns Warning and Process shall be omitted 22. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that Maritime causes may be determined in this Kingdom without driving of Merchants or others to Appeal and seek Justice elsewhere and if it shall fall out that there be cause of an Appeal the Party grieved is to Appeal to His Majesty in the Chancery of Ireland and the Sentence thereupon to be given by the Delegates to be Definitive and not to be questioned upon any further Appeal except it be in the Parliament of this Kingdom if the Parliament shall then be Sitting otherwise not This to be by Act of Parliament 23. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty out of His abundant Grace and Goodness to His Subjects of this Kingdom is graciously pleased to Assent that his said Subjects be eased of the increase of Rents lately raised on them upon the Commission of Defective Titles in the Earl of Straffords Government This to be by Act of Parliament 24. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that by Act to be Passed in the next Parliament all the arrears of Interest of Mony which did accrew or grow due by way Debt Mortgage or otherwise and yet not satisfied since the 23 d. of October 1641. until the perfection of these Articles shall be fully Forgiven and Released And that for and during the space of Three Years next ensuing no more shall be taken for Use or Interest or Mony than Five Pounds percent and in all Cases of Equity arising
since the 23d of Octob. 1641. to the date of these Articles of Peace and also to all Customs Rents Arrears of Rents Prizes Recognizances Bonds Fines Forfeitures Penalties and to all other Profits Perquisites and Dues which were due or did or should accrue to his Majesty on before or since the 23d of Octob. 1641. until the perfection of these Articles and likewise to all Measne Rates Fines of what nature soever Recognizances Judgments Executions thereupon and Penalties whatsoever and to all other Profits due to his Majesty since the said 23d of October and before until the perfection of these Articles for by reason or which lay within the survey or Cognizance of the Court of Wards and also to all Respits Issues of Homage and Fines for the same provided this shall not extend to discharge or remit any of the Kings Debts or Subsidies due before the said 23d of Octob. 1641. which were then or before levied or taken by the Sheriffs Commissioners Receivers or Collectors and not then or before accounted for or since disposed to the publick use of the said Rom. Catholick Subjects but that such persons may be brought to account for the same after full settlement in Parliament and not before unless by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them as the said L. Lieut. otherwise shall think fit Provided that such barbarous and inhumane Crimes as shall be particularized and agreed upon by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them as to the Actors and Procurers thereof be left to be tried and adjudged by such indifferent Commissioners as shall be agreed upon by the said Lord Lieutenant and the said Tho. Lord Viscount Dillon c. or any seven or more of them and that the power of the said Commissioners shall continue only for two years next ensuing the date of their Commission which Commission is to issue within six Months after the Date of these Articles Provided also that the Commissioners to be agreed on for the Trial of the said particular Crlnies to be excepted shall hear order and determine all Cases of Trust where relief may or ought in equity to be afforded against all manner of persons according to the Equity and Circumstances of every such Cases and his Majesties chief Governor or Governors and other Magistates for the time being in all his Majesties Courts of Justice and other his Majesties Officers of what condition or quality soever be bound and required to take notice of and pursue the said Act of Oblivion without pleading or suit to be made for the same and that no Clerk or other Officers do make out or write out any manner of Writs Processes Summons or other Precept for concerning or by reason of any matter cause or thing whatsoever released forgiven discharged or to be forgiven by the said act under pain of 20 l. sterling And that no Sheriff or other Officer do execute any such Writ Process Summons or Precept and that no Record Writing or Memory do remain of any Offence or Offences released or forgiven or mentioned to be forgiven by this Act and that all other clauses usually inserted in Acts of general pardon or oblivion enlarging his Majesties grace and mercy not herein particularised be inserted and comprised in the said Act when the Bill shall be drawn up with the exceptions already expressed and none other Provided always that the said Act of oblivion shall not extend to any Treason Felony or other Offence or Offences which shall be committed or done from or after the date of these Articles until the first day of the before mentioned next Parliament to be held in this Kingdom Provided also that any Act or Acts which shall be done by vertue pretence or in pursuance of these Articles of peace agreed upon or any Act or Acts which shall be done by vertue colour or pretence of the power or authority used or exercised by and amongst the Confederate Roman Catholicks after the date of the said Articles and before the said publication shall not be accounted taken or construed or to be Treason Felony or other Offence to be excepted out of the said Act of oblivion Provided likewise that the said Act of oblivion shall not extend unto any person or persons that will not obey and submit unto the peace concluded and agreed on by these Articles Provided further that the said Act of oblivion or any thing in this Article contained shall not hinder or interrupt the said Thomas Lord Viscount Dillon c. or any seven or more of them to call to an account and proceed against the Council and Congregation and the respective Supream Councels Commissioners general appointed hitherto from time to time by the Confederate Catholicks to manage their affairs or any other person or persons accomptable to an accompt for their respective receipts and disbursements since the beginning of their respective imployments under the said Confederate Catholicks or to acquit or release any arrears of Excises Customs or publick Taxes to be accounted for since the 23. of Octob. 1641. and not disposed of hitherto to the publick use but that the parties therein concerned may be called to an account for the same as aforesaid by the said Thomas Lord Viscount Dillon c. or any seven or more of them the said act or any thing therein contained to the contrary notwithstanding 19. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that an act be passed in the next Parliament prohibiting that neither the Lord Deputy or other chief Governor or Governors Lord Chancellor Lord High-Treasurer Vice-Treasurer Chancellor or any of the Barons of the Exchequer Privy-Councel or Judges of the four Courts be Farmers of his Majesties Customs within this Kingdom 20. Item It is likewise concluded accorded and agreed and his Majesty is graciously pleased that an act of Parliament pass in this Kingdom against Monopolies such as was enacted in England 21. Jacobi Regis with a further clause of repealing of all grants of Monopolies in this Kingdom and that Commissioners be agreed upon by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them to set down the rates for the Custom and Imposition to be laid on Aquavitae Wine Oile Yarn and Tobacco 21. Item It is concluded accorded and agreed and his Majesty is graciously pleased that such persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall be as soon as may be authorised by Commission under the great Seal to regulate the Court of Castle-Chamber and such Causes as shall be brought into and censured in the said Court 22. Item It is concluded accorded and agreed upon
and his Majesty is graciously pleased that two Acts lately passed in this Kingdom one prohibiting the Plowing with Horses by the Tail and the other prohibiting the burning of Oats in the Straw be repealed 23. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased for as much as upon application of Agents from this Kingdom unto his Majesty in the fourth year of his Reign and lately upon humble suit made unto his Majesty by a Committee of both Houses of the Parliament of this Kingdom order was given by his Majesty for redress of several grievances and for so many of those as are not expressed in the Articles whereof both Houses in the next ensuing Parliament shall desire the benefit of his Majesties said former directions for redress therein that the same be afforded them yet so as for prevention of inconveniences to his Majesties Service that the warning mentioned in the 24. Article of the graces in the fourth year of his Majesties Reign be so understood that the warning being left at the persons dwelling Houses be held sufficient warning and as to the 22. Article of the said graces the Process hitherto used in the Court of Wards do still continue as hitherto it hath done in that and hath been used in other English Courts but the Court of Wards being compounded for so much of the aforesaid answer as concerns warning and process shall be omitted 24. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that Maritine causes may be determined in this Kingdom without driving of Merchants or others to appeal and seek Justice elsewhere and if it shall fall out that there be cause of an appeal the party grieved is to appeal to his Majesty in the Chancery of Ireland and the sentence thereupon to be given by the deligates to be definitive and not to be questioned upon any further appeal except it be in the Parliament of this Kingdom if the Parliament shall then be sitting otherwise not this to be by Act of Parliament and until the said Parliament the Admiralty aâ—d Maritine causes shall be ordered and settled by the said Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dilion c. or any seven or more of them 25. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that his Majesties Subjects of this Kingdom be eased of all Rents and increase of Rents lately raised on the Commission of defective Titles in the Earl of Straffords Government this to be by Act of Parliament and that in the mean time the said Rents or increase of Rents shall not be written for by any process or the payment thereof in any sort procured 26. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that by Act to be passed in the next Parliament all the arrears of Interest mony which did accrue and grow due by way of debt mortagage or otherwise and yet not satisfied since the 23. of October 1641. until the perfection of these Articles shall be fully forgiven and be released and that for and during the space of three years next ensuing no more shall be taken for use or interest of mony then five pounds per centum And in cases of equity arising thro' disability occasioned by the Distempers of the times the considerations of equity to be a like unto both parties but as for mortgages contracted between his Majesties Roman Catholick Subjects and others of that party where entry hath been made by the mortgagers against Law and the condition of their mortgages and detained wrongfully by them without giving any satisfaction to the mortgages or where any such mortgagers have made profit of the lands mortgaged above country charges yet answer no rent or other consideration to the mortgagees the parties grieved respectively to be left for relief to a course of equity therein 27. Item It is further concluded accorded and agreed upon and His Majesty is further graciously pleased that immediately upon perfection of these Articles the said Thomas Lord Viscount Dillon c. shall be authorized by the said Lord Lieutenant to proceed in hear determine and execute in and throughout this Kingdom the ensuing particulars and all the matters thereupon depending and that such authority and other the authorities hereafter mentioned shall remain of force without revocation alteration or diminution until Acts of Parliament be passed according to the purport and intent of these Articles and that in case of death miscarriage disability to serve by reason of sickness or otherwise of any the said Thomas Lord Viscount Dillon c. His Majesties Lord Lieutenant or other Chief Governour or Governours of this Kingdom for the time being shall name and authorize another in the place of such as shall be so dead or shall miscarry himself or be so disabled and that the same shall be such person as shall be allowed of by the said Thomas Lord Viscount Dillon c. or any seven or more of them then living And that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to applot raise and leavy means with indifferency and equality by way of Exercise or otherwise upon all his Majesties Subjects within the said Kingdom their persons Estates and Goods towards the maintenance of such Army or Armies as shall be thought fit to continue and be in pay for his Majesties service the defence of the Kingdom and other the necessary publick charges thereof and towards the maintenance of the Forts Castles Garrisons and Towns of both or either party other than such of the said Forts Garrisons and Castles as from time to time until there shall be a settlement in Parliament shall be thought fit by his Majesties chief Governour or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them not to be maintained at the charge of the publick provided that his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being be first made acquainted with such Taxes Levies and Excises as shall be made and the manner of levying thereof and that he approve the same and to the end that such of the Protestant party as shall submit to the peace may in the several Counties where any of their Estates lieth have equality and indifferency in the Assessements and Levies that shall concern their Estates in the said several Counties It is concluded accorded and agreed upon and his Majesty is graciously pleased that in the
directions which shall issue to any such County for the applotting subdividing and levying of the said publick Assessements some of the said Protestant party shall be joyned with others of the Roman Catholick party to that purpose and for effecting that service and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to levy the arrears of all excises and other publick taxes imposed by the Confederate Roman Catholicks and yet unpaid and to call Receivers and other Accomptants of all former taxes and all publick dues to a just and strict account either by themselves or by such as they or any seven or more of them shall name or appoint and that the said Lord Lieutenant or any other chief Governour or Governours of this Kingdom for the time being shall from time to time issue Commissions to such person and persons as shall be named and appointed by the said Thomas Lord Viscount Dillon c. or any seven or more of them for letting setting and improving the Estates of all such person or persons as shall adhere to any party opposing his Majesties Authority and not submitting to the Peace and that the profits of such estates shall be converted by the said Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being to the maintenance of the Kings Army and other necessary charges until settlement by Parliament and that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to applot raise and levy means with indifferency and equality for the buying of Arms and Ammunition and for the entertaining of Frigots in such proportion as shall be thought fit by his Majesties Lord Lieutenant or other chief Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them the said Arms and Ammunition to be laid up in such Magazines and under the charge of such persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them and to be disposed of and the said Frigots to be imployed for his Majesties service and the publick use and benefit of this Kingdom of Ireland and that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to applot raise and levy means with indifferency and equality by way of Excise or otherwise in the several Cities Corporate Towns Counties and part of the Counties now within the Quarters and only upon the Estates of the said Confederate Roman Catholicks all such sum and sums of mony as shall appear to the said Thomas Lord Viscount Dillon c. or any seven or more of them to be really due for and in the discharge of the publick ingagements of the said Confederate Catholicks incurred or grown due before the conconclusion of these Artieles and that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall be authorized to appoint Receivers Collectors and all other Officers for such monies as shall be assessed taxed or applotted in pursuance of the authorities mentioned in this Article and for the Arrears of all former applotments Taxes and other publick dues yet unpaid and that the said Thomas Lord Viscount Dillon c. or any seven or more of them in case of refractoriness or delinquency may distrain and imprison and cause such Delinquents to be distrained and imprisoned And the said Thomas Lord Viscount Dillon c. or any seven or more of them make perfect books of all such monies as shall be applotted raised or levied out of which books they are to make several and respective abstracts to be delivered under their hands or the hands of any seven or more of them to the several and respective Collectors which shall be appointed to levy and receive the same And that a duplicate of the said books under the hands of the said Thomas Lord Viscount Dillon c. or any seven or more of them be delivered unto his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being whereby a perfect account may be given and that the said Thomas Lord Viscount Dillon c. or any seven or more of therâ—s shall have power to call the Councel and Congregation and the respective supream Councels and Commissioners General appointed hitherto from time to time by the said Confederate Roman Catholicks to manage their publick affairs and all other persons accountable to an account for all their Receipts and Disbursments since the beginning of their respective imployments under the Confederate Roman Catholicks 28. Item It is concluded accorded and agreed by and between the said parties and his Majesty is graciously pleased that for the preservation of the peace and tranquility of the Kingdom the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall for the present agree upon such persons who are to be authorized by Commission under the great Seal to be Commissioners of the Peace Oyer and Terminer Assises and Goal Delivery in and throughout the Kingdom to continue during pleasure with such power as Justices of the Peace Oyer and Terminer Assizes and Goal delivery in former time of Peace have usually had which is not to extend unto any crime or offence committed before the first of May last past and to be qualified with power to hear and determine all civil causes coming before them not exceeding ten pounds Provided that they shall not intermeddle with Titles of Lands provided likewise the authority of such Commissioners shall not extend to question any person or persons for any Shipping Cattle or Goods heretofore taken by either party from the other or other injuries done contrary to the Articles of Cessation concluded by and with the said Roman Catholick party in or since May last but that the same shall be determined by such indifferent persons as the Lord Lieutenant by the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them shall think fit to the end that speedy and equal Justice may be done to all parties grieved And the said Commissioners are to make their Estreats as accustomed of peace and shall take the ensuing Oath viz. You shall swear that as Justice of the Peace Oyer and Terminer Assizes and Goal delivery in the Counties of A. B. in all Articles of the Commission to you directed You shall do equal right to the Poor and to the Rich after your Cunning and Wit and Power and after the Laws and Customs of the Realm and in pursuance of these Articles and you shall not be of Councel of any quarrel hanging before you and the Issues Fines and Amercements which shall happen to be made and all
Forfeitures which shall happen before you you shall cause to be entred without any concealment or imbezling and send to the Court of Exchequer or to such other place as his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom shall appoint until there may be access unto the said Court of Exchequer You shall not let for gift or other cause but well and truly you shall do your office of Justice of the Peace Oyer and Terminer Assizes and Goal delivery in that behalf and that you take nothing for your office of Justice of the Peace Oyer and Terminer Assizes and Goal delivery to be done but of the King and Fees accustomed and you shall not direct or cause to be directed any Warrant by you to be made to the parties but you shall direct them to the Sheriffs and Bayliffs of the said Counties respectively or other the Kings Officers or Ministers or other indifferent persons to do execution thereof so help me God c. And that as well in the said Commission as in all other Commissions and Authorities to be issued in pursuance of the present Articles this clause shall be incerted viz. That all Officers Civil and Martial shall be required to be aiding and assisting and obedient unto the said Commissioners and other persons to be authorised as abovesaid in the execution of their respective powers 29. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that his Majesties Roman Catholick Subjects do continue the possession of such of his Majesties Cities Garrisons Towns Forts and Castles which are within their now Quarters until settlement by Parliament and to be commanded ruled and governed in cheif upon occasion of necessity as to the Martial and Military affairs lindx by such as his Majesty or his cheif Governour or Governors of this Kingdom for the time being shall appoint and the said appointment to be by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them and his Majesties cheif Governor or Governors is to issue Commissions accordingly to such persons as shall be so named and appointed as aforesaid for the executing of such Command Rule or Government to continue until all the particulars in these present Articles agreed on to pass in Parliament shall be accordingly passed only in case of death or misbehaviour such other person or persons to be appointed for the said Command Rule and Government to be named and appointed in the place or places of him or them who shall so dye or misbehave themselves as the cheif Governor or Governors for the time being by the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them shall think fit and to be continued until a settlement in Parliament as aforesaid 30. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that all Customs and Tenths of Prizes belonging to his Majesty which from the perfection of these Articles shall fall due within this Kingdom shall he paid unto his Majesties Receipt or until recourse may be had thereunto in the ordinary legal way unto such person or persons and in such place or places and under such Controuls as the Lord Lieutenant shall appoint to be disposed of in order to the defence and safety of the Kingdom and the defraying of other the necessary publick charges thereof for the ease of the Subjects in other their Levies Charges and Applotments And that all and every person or persons who are at present intrusted and employed by the said Roman Catholicks in the Entries Receipts Collections or otherwise concerning the said Customs and Tenths of Prizes do continue their respective employments in the same until full settlement in Parliament accountable to his Majesties Receipts or until recourse may be had thereunto as the said Lord Lieutenant shall appoint as aforesaid other than to such and so many of them as to the chief Governor or Governors for the time being by and with the advice and consent of the said Tho. Lord Viscount Dillon c. or any seven or more of them shall be thought fit to be altered and then and in such case or in case of death fraud or mis-behaviour or other alteration of any such person or persons than such other person or persons to be employed therein as shall be thought fit by the chief Governor or Governors for the time being by and with the advice and consent of the said Tho. Lord Visc Dillon c. or any seven or more of them And when it shall appear that any person or persons who shall be found faithful to his Majesty hath right to any of the Offices or Places about the said Customs whereunto he or they may not be admitted until settlement in Parliament as aforesaid that a reasonable compensation shall be afforded to such person or persons for the same 31. Item As for and concerning his Majesties Rents payable at Easter next and from thenceforth to grow due until a settlement in Parliament it is concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that the said Rents be not written for or levied until a full settlement in Parliament and in due time upon application to be made to the said Lord Lieutenant or other chief Governor or Governors of this Kingdom by the said Tho. Lord Viscount Dillon c. or any seven or more of them for remittal of those Rents the said Lord Lieutenant or any other chief Governor or Governors of this Kingdom for the time being shall intimate their desires and the reason thereof to his Majesty who upon consideration of the present condition of this Kingdom will declare his gracious pleasure therein as shall be just and honourable and satisfactory to the reasonable desires of his Subjects 32. Item It is concluded accorded and agreed by and between the said parties and his Majesty is graciously pleased that the Commissioners of Oyer and Terminer and Gaol delivery to be named as aforesaid shall have power to hear and determine all Murders Man-slaughters Rapes Stealths Burning of Houses and Corn in Rick or Stack Robberies Burglaries Forcible Entries Detainers of Possessions and other Offences committed or done and to be committed and done since the first day of May last past until the first day of the next Parliament these present Articles or any thing therein contained to the contrary notwithstanding Provided that the Authority of the said Commissioners shall not extend to question any person or persons for doing or committing any Act whatsoever before the conclusion of this Treaty by vertue or colour of any warrant or direction from those in publick Authority among the confederate Roman Catholick nor unto any Act which shall be done after the
Courts of Exchequer and Commonpleas be removeable at the Discretion of the chief Governour on twenty eight Days notice V. That the Earls of Desmond and Kildare and Edward Plunket Esq as well for Alliances Fosterage and Alterage with the King's Irish Enemies as in furnishing them with Horse and Arms and supporting them against the King's Subjects which is notoriously known to be against the Kings Laws and the laudable Statutes of the Land Lib. D. be attainted of Treason and that whoever hath any of their Goods or Lands and doth not discover it to the Deputy within fourteen Days shall be attainted of Felony By vertue of this Act of Parliament Davis 186. the great Earl of Desmond was beheaded at Drogheda the fifteenth of February 1467. Report makes his Crime to be That of extorting Coyn and Livery And the Irish say it was for an affront he put upon the Queen for being of a noble Race and a generous or rather proud Spirit he despised the King's Marriage with so mean a Subject as the Lady Elizabeth Grey and often said She was a Taylors Widow Perhaps he had more reason than any Man to speak bitterly against such Matches because he had no other Title to the Earldom of Desmond than by the Marriage of his Nephew Thomas the fifth Earl of Desmond to Katherin ni William mac Cormock one of his Vassals for which that Earl was so persecuted by his Relations that he was forced to resign his Earldom to this his Unkle who is commonly called by the Irish Thomas of Drogheda And it would be a very hard case that the Nephew should be so abused for an Act which the King had justified by following the Example and therefore the Unkle exclaimed against that Action as a thing too base to be imitated or excus'd There is also another Vulgar Tradition about this matter which seems very unlikely Lib. P. if not impossible and that is That the Queen should steal the Privy Signet and put it to an Order for his Execution But it is well worth our Observation Davis 185. That as the Earls of Desmond were the first Introducers of Coyn and Livery among the English and the first that broached the distinction between English of Birth and English of Blood and the first Peers that refused to come to Parliament upon Summons so they were the only Peers that ever were executed in Ireland and the only Noble English Family that was by the Hand of Justice extinguished there so that this degenerate Family which of all others was most injurious and ungrateful to the English Government did suffer more by the same Government than any other Family in that Kingdom and those Exactions of Coyn and Livery which were the Foundations of their Grandure did at last prove the cause or occasion of their Ruine in the person of Gerald the fifteenth Earl of Desmond On the twenty sixth of February Edmond Lord Dunboyn Lib. G. for taking Con O Connor Prisoner and delivering him to the Lord Deputy and for other Services he had done the State obtained a Patent for ten Pound per annum payable out of the Fee farm Rents of Waterford forfeited by the Attainder of James Earl of Ormond and also the Prisage of Limerick Cork Ross Galway Youghal Kingsale Dungarvan and Dingle and the Lands of Castle-Richard in Meath habendum during his Life It is plain by many Circumstances and particularly that of his short stay in Ireland that this Lord Deputy came over meerly to serve a turn for as soon as the Earl of Desmond was executed the Earl of Kildare was not only pardoned but also the Lord Deputy hastned to England and left Thomas Earl of Kildare 1467. Lord Justice and afterward Lord Deputy to the Duke of Clarence Selden 841. In whose time John Bold was made Baron of Ratooth This Lord Justice held a Parliament at Drogheda which enacted I. That whereas it was doubted October 1468. whether the Act of 6 Rich. 2. That Women consenting to Ravishers should forfeit their Inheritance were of Force in Ireland it is now put out of Doubt and that and all other English Statutes made before that time are confirmed here II. Against Regrators and Ingrossers He also held another Parliament at the Naas Friday after S. Andrew's Day 1472. which was adjourned to Dublin to the Friday after S. Gregory's Day and enacted I. That Staple Wares be not transported to Scotland without payment of the Custom called the Coquet upon Pain of Forfeiture of the same II. That every Merchant shall bring twenty Shillings worth of Bows and Arrows into Ireland Repeal 10 Car. 1. ch 22. for every twenty Pounds worth of other Goods he imports from England III. That no Grain be transported out of Ireland if the Market Price exceed ten Pence a Peck on pain of forfeiting Ship and Goods But it was all repealed by the Parliament Lib. G. 18 Edw. 4. Nevertheless there was an Act of Parliament this Year of 12 Edw. 4. to this effect That there should be a Fraternity of Arms of the number of thirteen Persons Ex offic magistr Rot. in Castr Dublin Davis 55. of the most Honourable and faithfully disposed in the Counties of Kildare Dublin Meath and Louth viz. three out of each County and four from Meath that is to say Thomas Earl of Kildare Rowland Eustace Lord of Portlester Sir Rowland Eustace Knight for the County of Kildare Robert Lord of Hoath the Mayor of Dublin for the time being and Sir Robert Dowdal Knight for the County of Dublin the Lord Gormanstown Edward Plunket Seneschal of Meath Alexander Plunket Esq and Barnaby Barnewal Esq for the County of Meath and the Mayor of Drogheda Sir Lawrence Taaf Knight and Richard Bellew Esq for the County of Louth And that they and their Successors should yearly assemble at Dublin on S. George's Day and there chuse one of them to be Captain for the next year the which Captain and Brethren shall be created a Society by the Name of the Captain and Brethren at Arms the Captain shall have an hundred and twenty Archers on Horseback at six pence a Day for Meat Drink and Wages and forty Horsemen and forty Pages at five pence a day for him and his Page and four Marks per annum Wages the Captain and Brethren and their Successors to support this Charge shall have twelve pence per Pound out of all Merchandize sold in Ireland whether it be imported or exported except Hides and the Goods of the Free-men of Drogheda and Dublin and the Mayors of Dublin and Drogheda to be the Receivers of the foresaid Poundage the Fraternity shall have Power to make Laws for the good Governance of the Society and to elect a new Brother in the place of any deceasing and the Captain shall have Authority to apprehend all Out-law'd Rebels and others that will not be justified by Law And this was the Original of the
BROTHERHOOD of St. George But to proceed William Sherwood 1475. Bishop of Meath was Lord Deputy to the Duke of Clarence he held a Parliament at Dublin Friday after the Feast of St. Margaret which makes it Treason to bring Bulls or Apostiles from Rome and orders the Lords of Parliament to wear Robes on pain of one hundred Shillings and enjoyns the Barons of the Exchequer to wear their Habits in Term-time and Enacts That if any Englishman be damnified by an Irishman not amesnable to Law he may reprize himself upon the whole Sept or Nation And that it shall be Felony to take a Distress contrary to Common Law which was a very necessary Act in those Times and is the only Act of this Parliament that is printed and though it be an English Case yet it may be useful in other Countries and therefore we will mention That George Nevil Duke of Bedford was this Year degraded 4th Instit. 355. because he had not any Estate left to support the Dignity Henry 1478. Lord Grey of Ruthen Lord Deputy held a Parliament a Drogheda which repeal'd all the Acts of the aforesaid Parliament of 12 Edw. 4. and then he resigned to Sir Robert Preston Lib. G. Lord Deputy who on the 7th of August was created Viscount Gormanston but he held the Government but a little time before he surrendred to Girald Earl of Kildare Lord Deputy he held a Parliament at Naas Friday after the Feast of St. Petronilla which Enacted 1478. 1. That Distresses taken for Rent might be sold And 2. That Non-Residents might be chosen Parliament-men 1480. but on the twelfth of August the Earl of Kildare was made Deputy to the Kings Son Richard Duke of York for four years from the fifth of May following Lib. M. by the Dukes Patent under the Kings Privy Seal quod nota and the Earl by Indenture with the King did Covenant to keep the Realm surely and safely to his power and was to have eighty Archers on Horse-back and forty other Horsemen called Spears and six hundred pound per annum to maintain them and if the Irish Revenue cannot pay it it shall be sent out of England This Lord Deputy held another Parliament on Monday after the Translation of St. Thomas at which it was Ordained 1. That no Hawks should be carried out of the Kingdom without great Custom And 2. That the Pale should have no correspondence with the Irish and it seems this Parliament Naturaliz'd Con O Neal Davis 93â— who had married the Lord Deputy's Daughter What the incomparable Spencer in his View of Ireland relates of the Duke of Clarence and Moroughen Ranagh O Brian is not to be placed in the Reign of Edward the Fourth because George Duke of Clarence was never actually in Ireland whilst he was Lord Lieutenant of that Kingdom but always managed that Province by Deputies and therefore I suppose that what Spencer has related will better suit with the Government of Lionel Duke of Clarence in the Reign of Edward the Third who did indeed marry the Heiress of Vlster and performed the other Atchievements Mr. Spencer writes of It was in this Kings Reign that the Jubile which before was every Fiftieth Year was by Pope Sixtus the Fourth brought to be every five and twentieth year and that the Primacy of Scotland was setled upon the Archbishop of St. Andrews And thus stood the Government of Ireland during the Reign of King Edward the Fourth who between the French King the troublesome Earl of Warwick the discontented Lords and the Attempts of the Wife and Friends of Henry the Sixth found so much work at home that Ireland was in a manner neglected and left to the Protection of the Fraternity of St. George when on the ninth Day of April 1483 the King died in the two and fortieth Year of his Age and of his Reign the three and twentieth THE REIGN OF RICHARD III. King of England c. And LORD of IRELAND UPon the Death of King Edward his Son the Prince of Wales being then at Ludlow was Proclaimed King by the Name of Edward the Fifth and in his way to London was perswaded by the means of his Unkle the Duke of Glocester to dismiss great part of his Guards as well to save the Charge as to avoid giving Cause of Suspicion and Reasons of Jealousie to such as doubted that so numerous an Attendance was entertain'd upon Designs prejudicial to them And so having luckily mounted this first step to the Throne the Duke of Glocester proceeded to confederate with the Duke of Buckingham and the Lord Hastings and by their assistance he first seized on the Earl Rivers and others of the Kings Relations and Friends and then got the King himself into his power and brought him to London using a thousand Artifices to make the People believe that the Queen-Mothers Kindred designed the extirpation of the Ancient Nobility the Slavery of the People and the Ruine of the Kingdom This Duke of Glocester wheedled or bribed to that degree that he was chosen Protector by the unanimous Consent of the Council and afterwards got the Kings Brother out of Sanctuary at Westminster and under specious Pretences of their Security both the Princes were conveyed to the Tower of London in a most pompous and splendid manner and there they were afterwards murdered by the Appointment if not by the Hands of their Unkle King Richard took upon him the Regal Office on the 18th day of June 1483. and before the Murder of his Nephews and he was Crowned together with his Queen on the 6th day of July 1483. and being very busie in England to establish the Crown he had usurped he did not think it advisable to make any Alterations in Ireland but continued in that Government Gerald Earl of Kildare Lord Deputy to Edward the Kings Son who held a Parliament at Dublin wherein it was Enacted That the Mayor and Bayliffs of Waterford might go in Pilgrimage to St. James of Compostella in Spain leaving sufficient Deputies to govern that City in their absence 2. That the Corporation of Ross might reprize themselves against Robbers and that no Persons should alien their Free-hold in Ross to a Foreigner without the Licence of the Portriff and Council of that Town but these being private Acts are not Printed It seems that the next Year the Earl of Kildare as Deputy to the Earl of Lincoln 1484. Lord Lieutenant did hold another Parliament at Dublin wherein six private Acts only were made and not long after conven'd another Parliament at Trim which either did nothing at all or nothing worth mentioning but a subsequent Parliament at Dublin gave a Subsidy of Thirteen shillings and four pence out of every Plow-Land to the Deputy towards his Charges in the Service he did against the Irish wherein O Connor it seems was a Partner or Co-adjutor for he also had ten Groats out of every Plow-Land in Meath for