the Observation of the English Laws in Ireland which I have already recited in the Reign of King John Hubert de Burgo or Burgh Chief Justice of England and Earl of Kent Splem Gloss 340. was made Earl of Connaught and Lord Justice of Ireland during Life and because he could not personally attend he deputed Richard de Burgo Lord Justice or Deputy to whom the King sent the following Writ March 10. 1227. for establishing the English Laws in Ireland REX dilecto sideli suo Ricardo de Burgo Justiciario suo Hiberniae Prin. 252. salutem Mandamus vobis firmiter praecipientes quatenus certo die loco faciatis venire coram vobis Archiepiscopos Episcopos Abbates Priores Comites Barones Milites libere tenentes Balivos singulorum Comitatuum coram eis publice legi faciatis Cartam Domini J. Regis Patris nostri cui Sigillum suum appensum est quam fieri fecit jurari à Magnatibus Hiberniae de Legibus Consuetudinibus Anglorum observandis in Hibernia praecipiatis eis ex parte nostra quod Leges illas ad Consuetudines in Carta praedict ' contentas de cetero firmiter teneant observent Et hoc idem per singulos Comitatus Hiberniae clamari faciatis teneri prohibentes firmiter ex parte nostra Forisfacturam nostram ne quis contra hoc Mandatum nostrum venire praesumat ' Eo excepto quod nec de Morte nec de Catallis Hibernensium occisorum nihil statuatur ex parte nostra citra quindecem dies à die Sancti Michaelis anno regni nostri duodecimo super quo respectum dedimus Magnatibus nostris Hibern ' usque ad terminum praedict Teste meipso apud Westmonast oct die Maii anno regni nostri duodecimo And at the same Time he received two Writs about the Debts due from the King to the late Lord Justice Archbishop Londres Burlace 20 21. and a third Writ to pay him an hundred Pound per annum out of the Rent of the City of Limerick and fifty Pound per ann out of the Rent of Dublin But this Justice did not continue long in the Government for his Patron Hubert de Burgh falling into the King's Displeasure both the one and the other were remov'd And Maurice Fitz-Gerald was made Lord Justice 1229. In whose Time viz. 14 Hen. 3. happened the great Case of Coparceners to decide which the King sent over by way of Writ what in the printed Statues is called Statutum Hiberniae And tho' the Lord Justice is there named Girald yet it is by Mistake for Girald Fitz-Maurice who was the Lord Justice's Father died anno 1205. And there is another Mistake in that Statute for it is said to be made 24 Regis whereas the Year 1229. could be but the fourteenth Year of his Reign Now came over Stephen the Pope's Chaplain to demand the Tenths of all Moveables to support the Holy See against the Efforts of Frederick the Emperour Hanmer 191. It was so hard a Tax in Ireland that they were fain to part with not only their Cadows and Aquavitae but also with their Chalices and Altar-Cloaths Not long after died William Earl Marshal Prince or Lord of Leinster 1231. who anno 1223 gave a new Charter to his Town of Kilkenny he was buried in the Choire of the Friers Preachers at Kilkenny and was succeeded in his Estates and Titles by his Brother Richard On the second Day of September 1232. the Lord Justice returned out of England but when he went thither or who was Deputy in his Absence non constat On the seventh of April 1233 Holingshead 27. say some but I think 1234 the English and the O Connors c. had a Battle on the Curragh of Kildare 1234. wherein Richard Earl Marshal Prince of Leinster had very foul Play from those of his own Side so that he was there mortally wounded and died in five Days after To atone for this the Lord Justice who went into England to satisfie the King in that Matter offered to build a Monastery and endow it liberally to pray for the Soul of Earl Richard Hanmer 195. And so at length by the intercession of the King and the importunate Entreaties of the Nobility Gilbert Earl Marshal and the Lord Justice were reconciled 1235. It seems the Alarm was very great on Earl Richard's Death for the King to Comfort and Quiet the Citizens of Dublin assured them by his Writ That he summon'd the Great Men of England Pryn 253. to consult about the Safety of England and Ireland and that their Determinations should be speedily communicated to them at Dublin From whence Mr. Pryn observes That the Laws and Ordinances of the King and Parliament of England did bind Ireland in those Days But it seems that about this Time the Spiritual Courts did encroach too much on the Temporal Jurisdiction 1233. and therefore the King sent over the following Writ REX Co. Lit. 141. Comitibus Baronibus Militibus liberis Hominibus omnibus aliis de Terra Hibern ' salutem Quia manifeste esse dignoscitur contra Coronam Dignitatem nostram Consuetudines Leges Regni nostri Angl ' quas bonae memoriae Dominis Johannes Rex Pater noster de communi omnium de Hibern ' consensu teneri statuit in Terra illa quod placita teneantur in curia Christianitatis de advocationibus Ecclesiarum Capellarum vel de laico feodo vel de catallis quae non sunt de Testamento vel Matrimonio vobis mandamus prohibentes quatenus hujusmodi placita in curia Christianitatis nullatenus sequi presumatis in manifestum Dignitatis Coronae nostrae prejudicium scituri pro certo quod si feceritis dedimus in Mandatis Justiciario nostro Hiberniae statutae curiae nostra in Anglia contra transgressiones hujus Mandati nostri cum justicia procedat quod nostrum est exsequatur Teste Rege 28 Octobr. Decimo oct Regni nostri c. mandatum est Justiciario Hibern per literas clausas quod predictas Literas Patentes publice legi teneri faciat In the Year 1234 died Walter Lacy Lord of Meath without Issue Male so that his great Estate was divided between his two Daughters viz. Margaret married to the Lord Theobald Verdon and Matilda married to Geofry Geneville Whilst the Lord Justice was in England the King of Connaught exhibited a grievous Complaint against John de Burgo That he had entred his Country with Forces Hanmer 195. and wasted the same with Fire and Sword humbly beseeching his Majesty to do him Justice and to bridle such rash Attempts Alledging That he was a loyal Subject and payed for his Kingdom an annual Pension Davis 123. amounting in all from his first Subjection to five thousand Marks and desired the King That he would rid him of that base
that Land and to go personally thither and an Army was design'd for him and he was created Duke of Ireland in order to that Expedition and notwithstanding all this on the twenty third of July 1393. the King sent him a Letter to stop his Voyage because his Majesty intended to go to that Kingdom in person For the King was netled with an Answer his Ambassadors received in Germany when they were solliciting for the Imperial Crown that they did not think him fit to be their Emperor who could not keep what his Ancestors had gain'd in France nor rule his insolent Subjects in England nor tame his rebellious Vassals in Ireland and therefore partly to vindicate his Reputation and partly to divert the Melancholy which had seiz'd him on the Death of his Wife he undertook a Royal Voyage to Ireland with four thousand Men at Arms and thirty thousand Archers under S. Edwards Banner It seems that Sir Thomas Scroop was sent before him to prepare for the Kings Reception for I find him named Lord Justice on the 26th of April 1394. 1394. But however that be it is certain that on the Second Day of October Richard the Second King of England Landed at Waterford with a mighty Army whereof he made but small use for the Irish betook themselves to their old Stratagems of feigned and crafty Submissions wherewith they had deluded and abused King Henry the Second and King John in former times However Mowbray Earl of Notingham and Marshal of England had a special Commission to receive the Homage and Oaths of Fidelity of all the Irish of Leinster by vertue whereof Girald O Birne Donald O Nolan Malachias O Morough Rory oge O More Arthur Mac Morough Morough O Connor and others made their humble submission by an Interpreter in the open Field at Baligory near Carlow on the 16th of February They did Homage in solemn manner and made their Oaths of Fidelity to the Earl Marshal laying aside their Girdles Skeins and Caps and falling down at his Feet upon their Knees which being performed the Marshal gave each of them Osculum Pacis Moreover they were bound by several Indentures upon great Penalties to be paid to the Apostolick Chamber viz. O Birne twenty thousand Marks O Nolan ten thousand pounds c. not only to continue Loyal Subjects but that by a certain day prefix'd they and all their Sword-men should clearly relinquish and give up unto the King and his Successors all the Lands and possessions which they held in Leinster and taking with them only their moveable Goods should serve him in his Wars against his other Rebels In consideration whereof the King was to give them Pay and Pensions during their Lives and to bestow the inheritance of all such Lands upon them as they should recover from the Rebels in any other part of the Realm And thereupon a Pension of eighty Marks per annum was granted to Art Mac Murrough Chief of the Cavenaghs which was continued to his Posterity till the time of Henry the Eighth although they did nothing for it But the King having received Letters from O Neal wherein he stiles himself Prince of the Irishry in Vlster and yet acknowledgeth the King to be his Sovereign Lord and Dominus perpetuus Hiberniae removed to Drogheda to take the Submissions of the Irish of Vlster Thither came to him O Neal O Hanlon O Donel Mac Mahon and others who with the like humility and ceremony as aforesaid performed their Homage and Fealty to the Kings own Person in these or the like Words mutatis mutandis Ego Nelanus O Neal Senior tam pro meipso quam pro filiis meis tota Natione mea Parentelis meis pro omnibus Subditis meis devenio Ligeus Homo vester c. And in the Indenture between O Neal and the King he is bound not only to remain faithful to the Crown of England but also to restore the Bonaught of Vlster to the Earl of Vlster as of right belonging to that Earldom and amongst other things usurped by the O Neals These Indentures and Submissions with many more of the same kind for there was not a Chieftain or Head of an Irish Sept but submitted himself in one Form or other the King himself caused to be enrolled and testified by a Notary Publick and with his own hands delivered the Enrolments to the Bishop of Salisbury who on the 25th of June delivered to the Court of Exchequer two Hanapers one containing thirty nine and the other thirty six Instruments which were all there recorded or enrolled so that they have been carefully preserved and are now to be found in the Remembrancers Office and the Copies of them all are to be seen at Lambeth Libro D. In the mean time Lib. G. Lambeth on the first of February the King wrote a Letter to his Unkle the Duke of York who it seems was his Deputy in England signifying that there were three sorts of People in Ireland viz. Irish Savages or Enemies Irish Rebels and English Subjects and that perhaps the Rebels had cause and provocation to do as they have done and that therefore he has given them Truce till Easter and designs to pardon them generally and concludes with a Desire of his Advice in this Particular The Duke and the Council on the 19th of March return an Answer Lib. M. That they had formerly given their Opinion to prosecute the Rebels but that his Majesty being on the Place best knew what was fit to be done and that they did not mislike his Intention provided the Rebels did pay some considerable Fines towards the Charge of the Kings Voyage and also took out their particular Pardons within a limited Time Lib. G. and not long after finding that the King had accepted the Irish Submissions and valued himself upon the Atchievement they send him a congratulatory Letter and humbly pray his Majesty to return to England Several of the Irish Historians one of them misleading another say that the King did call a Parliament at Christmas and about Shrovetide return'd to England but as I am sure he did not return in many Weeks after Shrovetide so I believe he held no other Parliament in Ireland at this time than that there being a great Concourse of the Chief Men of the Land to Dublin to attend the King it is probable the King consulted with them about the publick Affairs and that they complained to his Majesty of such Grievances as needed to be redress'd Lib. G. and particularly That whereas the Chancery us'd to pay into the Exchequer two thousand Marks per annum for the Great Seal besides defraying the Charge of that Court it now hardly pays its own Officers their Salaries because Grants for which the Parties formerly paid an hundred pound are now made for ten shillings and Secondly That James Cotenham Deputy Admiral of Ireland to the Earl of Rutland committed great Abuses and exacted a Tribute of
World upon whose Loyalty and Conduct in the Affairs of Ireland His Majesty did most depend But there is yet a greater Mystery in the matter and it was thus Whilst Ormond was in England the Scots * Earl of Lanerick Earl of Lauderdale 〈…〉 Commissioners finding what usage was design'd to the King did endeavour to retreive the Honour of their Nation by doing something extraordinary in his Favour and the Presbyterians every where finding the prevailing Independents did despise the Sanctity of the Covenant and the Supporters thereof began to be Alarm'd so a proper Juncture of doing Service to the King was suddenly expected hereupon Ormond by the Kings Order met the Scotch Commissioners near Marlow and they for Scotland and he for Ireland undertook to promote His Majesties Service and in order to it he went to France and so into Ireland to prosecute this Design and not in Answer to the Irish Ambassy as they sancied and the same Reason prevailed upon Insiquin to joyn with him and it was pursuant to this Treaty that the Earl of Lanerick then Duke Hamilton invaded the Kingdom of England But as soon as the Parliament Commissioners in Ireland understood 27th July that the Marquiss of Ormond intended to return to that Kingdom they did all that was possible to prevent his Design and upon bare Suspicion seized upon Sir Maurice Eustace Sir John Gifford Sir Francis Willoughby Colonel William Flower the Lieutenant Colonels Ryves Capron and Smith Major John Stephens and Captain Peirce and kept them Prisoners in the Castle for some days and then sent them in Custody to Chester and they also kept Sir Thomas Lucas and Colonel Byron Prisoners at Tredagh As for the Military Motions this Year tho' they were not many nor in many Places Munster being entirely quiet and very little either of Leinster or Ulster disturbed yet they may be esteemed very considerable because they were between the Irish themselves for Insiquin had managed his Affairs so prudently by assisting the weaker side and the Nuncio had Acted so rashly in Excommunicating the Supream Council and their Adherents that Owen Roe and Preston and their Followers were engaged in as * Quod quidem ille acrius quam unquam fecerat in communes Religionis Regni hostes in Confederatos presecutus est Beling 118. fierce and as spiteful a War as any that had been since the Rebellion broke out so that Preston assisted by the Marquiss of Clanrickard took Athâ—one and besieged Athy and Insiquin in favour of the Supream Council besieged Fortfalkland and tho' Owen Roe came to relieve it and posted his Army so advantagiously between Insiquin and Munster that the English had certainly been starved if the generous Bounty of the Marquiss of Clanrickard had not supplyed them with Necessaries yet at length Owen Roe was forced to a retreat not much different from a Flight and the Fort was surrendered to Insiquiâ— and with these Losses November and this Disgrace Owen Roe was so netled that he ravaged over the whole County of Roscomon and took Jamestown and so obstinately Stormed Carigdrumrusk that Rory Macguire and most of his Regiment were there slain and in revenge of it the Garison being all Papists were put to the Sword And by this Campaign Owen Roe was so weakned that he offered a Cessation to Colonel Jones and to carry his Army to Spain if Jones would give him Liberty to do so And it seems That the Marquiss of Antrim had some Highlanders in the Counties of Wicklow and Wexford which being joyned with the Birnes and Cavenaghs who were of the Nuncio Faction and rejected the Peace gave such Disturbance to the Supream Council that they were fain to send Sir Edmond Butler and Sir Thomas Esmond to suppress them which at last they effected tho' not without considerable Slaughter on both sides In the mean time Jones took Ballysannon Nabber and Ballyho and many of the Scots being gone to assist Duke Hamilton's Invasion of England Colonel Monk by the means of Sir Price Coghrun and Lieutenant Colonel Cunningham surprized Carigfergus and in it Monroe September whom he sent Prisoner to London and then had an easie Conquest of Belfast and Colerain and Sir Charles Coot had no very hard one of the Fort of Culmore and for those good Services the Parliament Presented Colonel Monk with 500 l. and made him Governour of Carigfergus But in November the Irish Ambassadours to the Pope returned to Ireland and brought with them abundance of Relicks but no Money Beling 196. as may be easily gathered from the following Letter from Sir Richard Blake to Sir Robuck Linch Sir THIS day the Lord Bishop of Fernes and Mr. Plunket gave an account of their Negotiation to the House they made a full Representation to his Holiness of the desperate Condition of the Kingdom that without present and good Supplies which they expected from his Holiness there was no hope of the Preservation of the Catholick Religion or Nation That his Holiness was bound in Justice to do it his Nuncio here having in a General Assembly of the Confederates undertaken That the Sum promised Sir Kenelm Digby for the Wars of England upon good Conditions for Catholicks would be applied to the Service of the Catholick Confederates of Ireland but after four Months attendance their Answer was there being no Intelligence then of our Distance or Divisions with the Lord Nuncio or Owen O Neal That his Holiness hath sent by the Dean of Firmo a considerable Help unto us and that he had no account how that was disposed of That the Turks were in Candia and threatened Italy That there was great Scarcity of Corn in Rome and the adjoyning Territories and that a great Sum of Money must be issued to satisfy the Commoners That his Predecessor Pope Urban had left the Treasury empty and the See deeply charged with Debt That the Cardinals and others who had Pious Intentions to advance our Holy Cause were Poor and hardly able to maintain their own Ports so that nothing could be expected from them And for the Conditions the Agents expected from his Holiness for Religion upon our Treaty with the Queen and Prince he said that it was not proper for the See Apostolick to grant any Articles to Hereticks though it be true that Catholick Princes in Germany and other Kingdoms do it As for the Nuncio's Engagement That the Catholicks of Ireland should be Supplied by his Holiness in their Maintenance of the War that he had no such Commission though it was true that his Holiness would give Money for Conditions of Religion but none upon the Event of War Our Agents heard not of our Disunion and Raptures in this Kingdom until after their taking leave of his Holiness and then when the same was known and published in Rome they heard from some eminent Persons That what his Holiness was resolved to give for our Support he knew not to what Party he
England in sending for and impeaching one of the Members then sitting and that it was declared in Print by their order that Ireland if nam'd is bound by an English Statute which is against Law and Custom for Four Hundred Years past and though they had notice of the Protestation made by the English Parliament against Catholicks and their Intention to make Laws for the extirpation of that Religion in the Three Kingdoms and had notice of the cruel and bloody Execution of Priests in England meerly for being Priests and that his Majesty had not power enough left to save one condemned Priest and that the Catholicks of England being the Parliaments own Flesh and Blood must either suffer or depart the Land and much more must the Irish being not so nearly related to them if they should once get Jurisdiction in Ireland yet all this did not prevail with the Remonstrants to take Defensive much less Offensive Arms they still expecting that His Majesty in a short time might be able to yeild them Redress 7. That the Lords Justices c. by untrue Informations and other malicious Contrivances did endeavour to hinder His Majesty from granting Graces to the Irish Committee of Parliament but not prevailing in that they endeavoured to delay and stop them and by misconstruction and misrepresentations of the Irish Parliament endeavoured to possess His Majesty with an ill Opinion thereof and That it had not Jurisdiction in Capital Causes thereby aiming at the Impunity of those Impeached and the Destruction of the Parliament to which that power is essential and that the Lords Justices and their Adherents with the height of Malice envying their Union endeavour'd to sow Dissention in the Irish Parliament and to raise distinction of Nation and Religion and thereby made a Faction which to prevent the Graces passing into Acts Tumultuously cryed to Adjorn the House but being over-voted the Lords Justices said that if they did not Adjorn the Saturday themselves would Prorogue or Adjorn the Parliament on Monday by which means and the multitude of Proxies from Lords that have no Estate in Ireland which is destructive to the Liberty and freedom of Parliament here the Parliament was Adjorn'd on the 7 th of August and tho' the Graces were brought over soon after and the Committee desired the Lords Justices would give notice of them to the People to prevent misunderstanding or despair and an instrument was provided accordingly yet the Lord Justices willing to add Fuel to the Fire of the Subjects discontent did forbear to make such-Publication 8. That many Petitions containing matters Destructive to the Lives Estates and Religion of the Catholicks and directed to the House of Commons in England were promoted at publick Assizes to get hands unto them by Sir William Parsons Sir Adam Loftus Sir John Clotworthy and Arthur Hill Esq and others of the Malignant Party which were the more dreadful because of the said Clotworthy's power in the Parliament of England and his Barbarous and Inhuman expressions in that House against Catholicks and soon after an Order made by that Parliament Not to bow at the name of Jesus came to the knowledge of the Catholicks as also that the Malignant Party there did contrive and Plot to extingish the Irish Religion and Nation Hence some of them considered the deplorable condition they were in by a Statute of 2 Eliz. found amongst the Records but never executed in the Queens time nor discovered till most of the Members of that Parliament were dead which if executed no Catholick could enjoy his Life Liberty or Estate and yet nothing hindred but the Kings Prerogative which the Malignants endeavoured to destroy and then the Plot of Destruction by an Army out of Scotland and another of the Malignant Party in England must be executed the fear of these twofold Destructions and their ardent desire to assert the Prerogative Necessitated some Catholicks to take Arms in maintainance of Religion His Majesties Rights their own Lives Liberties and Estates and immediately thereupon took a solemn Oath and sent several Declarations to the Government and offered to submit to the Parliament of Ireland but the Offers were slighted and the Parliament Prorogued and a Declaration Issued on 23 October Accusing all Catholicks of Disloyalty but upon Application of Catholicks of Quality that the Prorogation was against Law and that a Session of Parliament was the only means to compose matters the Lords Justices knowing that but few would appear yielded to a short Session but limited it so that no Act of Grace or any thing for the Peoples satisfaction might pass that the few that met tho' disarm'd and not permitted a Servant and awed with Muskets presentto their Breasts yet desired leave to sit a short time to expect their fellows and to quiet the Insurrection and that the Graces might be Enacted but this was denied and instead of it a Declaration was propounded that these DISCONTENTED Gentlemen took Armâ— in Rebellious manner which was much resented by the best affected in both Houses but being informed that the Musqueteers had Order to shoot some of them at their going out they through terror gave way to that Declaration 9. However the greater part of the Catholicks and all Cities and Corporations and whole Provinces stood quiet and yet the Lords Justices knowing that many powerful Members of the English Parliament stood in opposition to his Majesty they sent their Addresses to that Parliament stuffed with Calumnies and propos'd to send over Forces to Conquer the Kingdom and they also Arm'd the Malignants in Ireland and the Catholicks even in Dublin and other Cities were not only denyed Arms for their Mony but also Disarm'd and when the Parliament had ordered a Pardon to all that should submit by a day limited Sir William Parsons contriv'd it so that it was publish'd only in two Counties and a short day prefix'd and Freeholders were therein excepted whereby it was manifest the Estates of Catholicks were first aimed at and then their Lives Moreover Sir Charles Coot was sent into Wicklow where he destroy'd Man Woman and Child that had neither Will nor Power to do hurt and others at Santry near Dublin Murdered innocent Husbandmen some whereof were Protestants mistaken for Catholicks meerly to force Fingal to Arms And tho' Complaint was made yet no Redress could be had and therefore the fear of being Murdered oblig'd the Catholicks to quit their Houses and to stand together in their own defence unprovided of Arms as they were hereupon a Proclamation issued 13 December not published till the 15 th requiring George King and others to come in and promising them Protection and another to summon the Lords of the Pale to meet at Council the 17 th But to prevent the effect of these Proclamations the same 15 th of December Sir Charles Coot was sent to burn Clantarf Mr. Kings House and use all acts of Hostility which he performed and this breach of Faith discourag'd the Lords of
the President Routed them he found many of his Provincials amongst them yet he let them go as supposing they came to look after their Cattle But by the end of that Month the whole Province was in open Rebellion and yet it was not until February that the Lords Justices sent their positive Order to prosecute those wilful Rebels with Fire and Sword and in the latter end of February the President published his Majesties Proclamation under his own Hand and Signet but without effect for the Rebels said that it was Counterfeit and rejected it But Arguments are vain when the thing itself manifests the truth and if ever in any case certainly 't is in this that Res ipsa loquitur and that the President was not the Aggressor for he had neither Men Mony Ammunition or Arms or any other Provision of War fit to contest with so numerous an Enemy that were fledged with the Spoils and Riches of English and it is undeniable that the Irish began to plunder even in great Numbers and Armed in a War like manner and at Noon day but perhaps the Remonstrants think that is not a Commencement of War But in Conaught the case was far different from Munster though the Remonstrants not caring whether right or wrong have mingled both Provinces in the same accusation for the President of Conaught was then at Dublin and in the beginning of November when he went to Athlone he found many of his Provincials whereof some Gentry in open Rebellion who had committed many Murders and more Robberies he presently endeavoured a Treaty with the Gentry that had not yet declared presuming on his Alliance to some of them and his former private Friendship with them but all in vain so that his Case was miserable being surrounded with Multitudes of Rebels who took the Town and kept him Besieged in the Castle of Athlone all that Winter His whole force in the Province was but a Troop and a half of Horse most Irish and Six half Companies of Foot whereof One was Surprized and another sent to Dublin so that he was in no condition to rescue the Distresled English and much less to make any offensive War on the Irish or by any cruelty to force them into Rebellion as they have most untruly suggested The Lords Justices did also send Commissions of Government to the Lords of Clanrickard Mayo and Costilo and Commissions of Martial Law to some of the best of the Natives and the Lord Clanrickard did assure the Irish of his Majesties condescention to the Graces and yet all this could not prevent nor suppress their Rebellion To the Eleventh Whether the Parliament of Ireland have equal Power and Priviledges with the Parliament of England and whether an English Statute can bind Ireland is fitter to be disputed by Arguments than Arms but it is false that the Act of Adventurers in England was grounded or occasioned by any misinformations from Ireland Nor doth it extend to other Estates than those of the most Detestable and Sanguinolent Traitors that ever were heard of and therefore the Loyal Remonstrants should not be concerned but admitting the Act unjust yet it was subsequent to the Rebellion and so could not be a cause of it Nor can we believe it was forced upon his Majesty it being for his own advantage and for the benefit of his Beloved and ever Loving People and if his Majesty should lose by it at present yet he loses to Loyal and obedient Subjects who will in time reprize him as well by saving charge and preventing Danger and Rebellion as by straining themselves at any time for his Majesties Honour and Profit And since there is no Authority nor Command Civil or Military in Ireland but what is derived from his Majesties Authority and acts in obedience to it 't is strange that the Remonstrants should close this Article with a loud and known untruth to the contrary To the Twelfth That the Proclamations enjoyning Strangers to leave the City were issued not only upon sound Reasons and good cause since approved of by his Majesty but also were published at the request of the Popish Inhabitants of Dublin however no Person of Quality or Credit was affronted thereby but were civilly permitted to stay And the Third Proclamation viz. that of the 11 th of November was designed to send the Gentry home to keep the Country quiet unless they had cause of stay in the City however not so much as one Gentleman was either threatned or punished for disobedience thereunto But many and even some Citizens that had liberty to stay in Dublin went voluntarily and did joyn with the Rebels and now they cover their Treason with a pretence that they were forced to go And it is not true that any of the Rebels offered to submit until after the relief of Tredagh when his Majesties Army was Master of the Field nor that any of the Cizens were pillaged or their Goods seized until after the Remonstrants were in open Rebellion Nor then with the consent of the Government who did what it could to prevent and punish Pillaging as by their several Proclamations may appear And as the Lords Justices did nothing without the Council so neither did they countenance any disorder nevertheless they are not accountable for all the Irregular acts of an ill paid Army especially against Rebels that had given such barbarous provocations That the Lords Justices did give Commission to two Papists that desired it to treat with the Rebels but that indulgence as the rest was abused to base ends and produced nothing of the effect propos'd and that no Houses were willingly burnt unless they belonged to Persons in open Rebellion and for Protections the Government granted very few having found by Experience that Protections always turn'd to his Majesties disadvantage because the Protected underhand relieve the Rebels and when they find a fit opportunity do themselves relapse However those few Protections that were granted were punctually observed and the publick Faith never violated by the Lords Justices connivance or consent and when it was discovered that the Protected did Murther stragling Soldiers and carry Powder c. to the Rebels their Passes were revoked and superseded by publick Proclamation and timely notice given them and no man suffered quatenus a Catholick or Irish-man unless he were also a Rebel as they generally were Nor ought the Remonstrants to complain even of the unjustifiable insolence of the Soldiers since all inconveniences consequential to the Rebellion and occasioned by it are justly chargeable on those that begun it And as to such Slaughters as have happened amongst the Confederates in the course of a just War and in defence and necessary Preservation of an innocent People they are no Murthers but the just Chastisements of a Religious Prince on unnatural Rebels and do not amount to the Tenth part of the number they Murdered in cold Blood and without Provocation To the Thirteenth It is strange that those who are so
Justice was so vigilant that before the end of August the Rebels were dispersed and their Captain William mac Balthar was taken and hanged In the midst of these Disturbances John Decer Mayor of Dublin who had some time before built the Bridge over the Liffy Ibid. 166. near S. Wolstons and the Chappel of our Lady at the Friers Minors and had also repaired the Church of the Friers Preachers and every Friday feasted the Friars at his own Cost did now build the high Pipe in Dublin But the Lord Justice being sent for into England to give an Account there of the miserable State of Ireland substituted William Burk August 1308. Custos Warden or Deputy of Ireland He was Ancestor of many Noble Families and particularly of the Lords Castleconel and Leitrim In his time the Irish burnt Athy and Richard Talon was murthered by Maurice de Condon Cambden 166. and Candon was served in the same kind by the Roches and Odo mac Cathol O Connor slew Odo King of Conaught But in March following Peirce de Gaveston an insolent Frenchman was by the Nobility of England in Parliament banished that Kingdom whereupon the King to make this Exile of his Favorite as easie as he could gave him the Government of Ireland and assigned to him the Revenue and Royal Profits of that Realm so that thither he came with a great Retinue and he behaved himself so well that he broke and subdued the Rebels in the Mountains near Dublin He slew Dermond O Dempsy a great Irish Captain at Tully he marched into Munster and subdued O Brian in Thomond he rebuilt the new Castle of Mackingham in the Kevins Country and repaired the Castle of Kevin and cut and cleansed the Paces between that and Glendelough he was exceedingly beloved of the Soldiers both for his Liberality and Valour and might have done much Good there if he had staid longer Nevertheless he could not brook Richard Earl of Vlster who was the greatest Lord in Ireland This Earl as it were to nose Gaveston did at Whitsontide keep a great Feast at Trim Camb. 166. and dub'd two of the Lacies Knights and marched as far as Tredagh to encounter the Lord Lieutenant but on better Advertisement he returnd But the King impatient of Gaveston's longer Absence recalled him on the twenty third of June and sent in his Room Sir John Wogan 1309. Lord Justice M. S. Fragm and in October following the Noble Lord 4. says 1308 Roger Mortimer came over with his Wife Heiress of Meath and had quiet Possession of that Country the Grand-father Sir Geofry Genevil entring into a Monastery On the second of February Sir Arnold Poer slew Sir John Bonevil at Arstol but it was found to be in his own Defence Cambded 167. And in the same February there was a Parliament held at Kilkenny before the Earl of Ulster and the Lord Justice according to the Custom and Usage of those times which appeased many Civil Discords and enacted many good Laws which Mr. Pryn says Pryn 259. were printed in Bolton's Edition of the Irish Statutes 1621. And he reckons this to be the first Parliament that was held in Ireland except that of Henry II aforesaid but without question he is mistaken And it seems Pryn 259. That in the beginning of the next Year or the latter end of this there was another Parliament or Assembly of the great Men at Kildare where Poer was acquitted of the Death of Bonevil About this time Wheat was sold for twenty Shillings the Erane Cambded 167. and the Bakers were drawn on Hurdles through the Streets of Dublin for their Knavery In the Year 1310. Richard de Havering who under Pretence of the Popes Provision 1310. had assumed the Title of Arch bishop of Dublin and enjoyed all the Profits of that See without Consecration for four Years and upward was so terrified by a Dream that he resigned his Bishoprick to the Pope that gave it him Ware de praesul 111. And though Alexander Bricknor had the better in the Election the seventeenth of March 1610. yet John Lech by the Power and Favour of the King enjoyed the Bishoprick and begun the Controversie with Rowland Jorse Archbishop of Armagh about elevating his Crosier in the Province of Leinster and managed it so dextrously or rather so violently Hook 65. that he forced the Primate to fly by Night in his Pontificals from Howth to the Priory of Grace Dieu and thence chased him out of the Diocess or rather Province of Dublin and in the same year the Judges of the Court of Kings Bench were reduced to the number of Three The Year 1311 was troublesome enough 1311. for Frag. 4. in May Richard Earl of Vlster invaded Thomond Davis 134. and marched up to Bunratty where Richard de Clare met and defeated him and took him the Lord William Burk and others of his Kindred Prisoners and slew John de Lacy and many more of the Earls Followers and in November following the same Richad de Clare defeated the Irish and slew Six hundred Galloglasses Nor were the Civil Discords less amongst the Irish for Donough O Bryan was murdered by his own Men in Thomond and John Mac O Hedan was slain by O Molmoy and William Roch was murdered by a Tory However the Birnes and Tools were numerous enough to invade Taslagard and Rathcanle and to terrifie Dublin by lurking up and down the Woods of Glendelory Nor could the State suppress them because Robert Verdon began a Riot in Vrgile and was so powerful that he defeated the Lord Justice and his small Army 1312. July 7. 1312. but afterwards upon better consideration he voluntarily submitted himself to the Kings Mercy whereupon the Lord Justice went for England and left in his stead Sir Edmond Butler 1312. Lord Deputy who being now at leisure to deal with the Birnes and Tools he manag'd that Affair so well that he soon forc'd them to submit and then sent his Father-in-Law the Lord John Fitz Thomas afterwards Earl of Kildare General into Munster who at Adare Knighted Nicholas Fitz Maurice afterwards Lord of Kerry and others This Year was famous for two mighty Marriages of Maurice afterwards Earl of Desmond and Thomas Fitz John afterwards Second Earl of Kildare to the two Daughters of the Earl of Vlster But these Rejoycings were soon over 1313. and the Misfortunes of the English in Scotland drew on a Scotch Invasion of Ireland At first the Scots only sent some Boats to prey the Costs of Vlster which were well resisted but before the year was out Edward Bruce came in Person he forc'd and rob'd the Castle of Man and took the Lord O Donel Prisoner it seems he retir'd again to collect a greater Army and the Deputy after he had on Michaelmas day made one and thirty Knights in the Castle of Dublin 1314. and had taken the best care he could
Year And it seems there was also a Parliament at Dublin this Year Prin 266. wherein it was ordained That the King's Peace should be fully kept and that every Nobleman and Chieftain should keep in his own Sept. Retinue and Servants Roger Outlaw Prior of Kilmainham was made Lord Deputy 1330. and kept the Kingdom quiet ' all the Summer and the Winter was so stormy and wet that nothing could be done till January and then the Macoghegans began to be troublesome again in Meath but the Earls of Vlster and Ormond gave them a Defeat near Loghynerthy about Lent whereupon they were so enraged that they burnt fifteen Villages but they paid for it in another Skirmish wherein three Irish Lords Sons and one hundred of their Followers were slain This Year a Parliament was holden at Kilkenny Pryn 267. at which were present Alexander Archbishop of Dublin the Earls of Vlster and Ormond the Lord William Birmingham and the Lord Walter Burk of Connaught and each of these brought a considerable Power with him to pursue O Brian and expel him from Vrkiffe near Cashil It seems this great Army march'd to Limerick and that the Burks did prey some of the Giraldines Lands in their March whereupon such Fewds arose between those Families that the Lord Justice was necessitated to confine the Earl of Vlster and Maurice of Desmond to the Custody of the Marshal at Limerick but Maurice quickly found means to escape and thereupon 't is probable the Earl was also enâ—arged It seems that both of them went to England But what became of this mutinous Army Frag. 9. I find no mention save that an anonymous Author reports Quod nihil perfecerunt But the next Year was more propitious 1331. for on the twenty first of April the English gave the Irish an Overthrow in O Kensâ—le And in May the English at Thurles defeated O Brian and slew many of his Followers And about the same time O Tool came to Tullagh and robbed the Archbishop of Dublin took three hundred of his Sheep and killed some of his Servants Upon notice of it Sir Philip Britt and others sallied out of Dublin but they were too forward and careless so that they fell into an Ambush in Culiagh and were most of them slain whereupon the Irish were elevated to that degree Cambd. 184. that they attacked the Castle of Arklow and took it but the Lord Birmingham with a smart Party undertook them and mortified them to the lowest degree of Submission and might have ruined them if he had not trusted to their false Promises Sir Anthony Luey 3 June 1331. a Man of great Authority in England was sent over Lord Justice he brought with him the Lord Hugh de Lacy who was now pardoned and in some Favour He also brought the King's Letters to the Earl of Vlster and others of the Nobility to give their best assistance to him the Lord Justice The Lord Justice designed by a severe Government to correct and reform the Distempers of those Times but alass it was too great an Undertaking for one Man and required more time than he had to spend in Ireland However his Government was auspicated with a Victory which those of the English Pale on the eleventh of June obtained over the Irish at Finnagh in Meath And though there was a great Dearth and Scarcity still continuing yet it was somewhat moderated by the great Plenty of large Fishes called Thurlehides sent by Providence into the Bay of Dublin in a prodigious number for the relief of the Poor A Parliament was summoned to meet at Dublin at Mid-summer by which it is manifest that they did not hitherto practise the formality of forty Days Summons the Appearance was so thin that the Parliament was adjourned to Kilkenny to the seventh of July And thither came Thomas Earl of Kildare and others that were not at Dublin and were freely pardoned what was past being first sworn on the Holy Evangelists and the Reliques of the Saints to Allegiance and Preservation of the peace for the future But in August the Lord Justice received the bad News That the Irish had taken and burnt the Castle of Ferns Whereupon he grew jealous That some of those English Lords that absented themselves from the Parliament at Kilkenny did underhand abet the Irish or else they durst not so frequently rebel and therefore he resolved to apprehend as many of them as he could get And first Henry Mandevil was by Warrant from the Chief Justice taken in September and Maurice of Desmond being arrested in Limerick in the beginning of October was by warrant from the Lord Justice and Council brought to Dublin Walter Burk and his Brother were seised in November and William and Walter Birmingham were secured in Clonmel in February following and afterwards sent to Dublin It seems there was more than bare Suspicion in this Matter for the Lord William Birmingham who had often done good Service for his King and Country was nevertheless executed the eleventh of July 1332. and his Son Walter had not escaped but that he was in Orders and Maurice of Desmond was likewise kept in Prison a Year and a half and then discharg'd upon very great Bail and sent into England to the King But let us look back to the third of March 1331. at which time the King and Parliament of England made Ordinances and Articles for the Reformation and Tranquility of Ireland and sent them thither in haec verba REX Justic Pryn 267. Canc. Thes suis Hibern salutem Mandamus vobis quod articulos subscriptos quos pro emendatione status Terrae nostrae Hiberniae quiete tranquilitate populi nostri ibidem per advisamentum Concilii nostri in ultimo Parliamento nostro apud Westmon tento ordinavimus in dicta Terra Hiberniae quantum ad vos attinet teneatis observetis per alios fideles nostros dictae Terrae teneri observari faciatis Tenor autem articâ—â—â—orum praedictorum talis est Imprimis Justiciarius qui nunc est vel pro tempore fuerit non concedat Cartas Pardonationis de morte hominis nec roberiis incendiis aliquibus nisi de roberiis incendiis ante festum Paschae anno regni Domini Edwardi Regis Angliae tertii post Conquestum quinto perpetratis Et quod de caetero certificet Regem de nominibus hujusmodi Pardonationes petentium de avisamento suo quod Rex faciat inde voluntatem suam quod nullus in Terra Hiberniae ex nunc faciat tales Pardonationes infra libertatem extra sub gravi forisfactura Domini Regi Item Quod dictus Justic de caetero non concedat tuitionem pacis felonibus ad silvam existentibus Item Quod una eadem lex fiat tam Hibernicis quam Anglicis excepta servitute Betagiorum penes Dominos suos eodem modo quo usitatum est in Anglia de Villanis Item
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
Pound six Shillings and eight Pence per annum Lib. G. and obtained an Order from the King and Council That all those who had Lands in Ireland should repair thither or send sufficient Men in their Room to defend the Country on Pain of forfeiting their Estates Nevertheless this Lord Justice was so far from subduing the Irish that he confessed he could never get access to know their Countries or Habitations and yet he had spent more time in the Service of Ireland than any Englishman then living So finding he could do no good he resigned to James Earl of Ormond July 24. 1376 Lord Justice In whose time the Counties Cities and Burroughs of Ireland sent Commissioners to the King to Treat and Advise about the Affairs of that Kingdom and not to the English Parliament as some have mistaken it Pryn. 305. And the King did Issue a Writ to the Lord Justice and the Chancellor requiring them to levy the reasonable Expences of these Commissioners from the respective Places that chose them by Writ under the great Seal of Ireland And accordingly John Draper who served for Cork had a particular Mandate to the Mayor and Bayliffs of that City to pay him his reasonable Expences as aforesaid It will not be unuseful to recite this Lord Justice his Commission because the Reader will thereby perceive what Authority he had and will also note the Difference between this brief Commission and the prolix Forms that are now used REX omnibus ad quos Ibid. c. Salutem Sciatis quod commisimus dilecto consanguineo nostro Jacobo le Bottiler Comiti de Ormond officium Justic nostr Hibern Terram nostram Hibern cum Castris aliis pertinentiis suis custodiend quamdiu nobis placuerit percipiend per ann ad Scac. nostrum Hibern quamdiu in Officio illo sic steterit quingent libras pro quibus Officium illud terram custodiet erit se vicessimus de hominibus ad arma cum tot equis coopertis continue durante commissione supradicta c. But by a subsequent Patent the sixth of August he had Power to Pardon all Offences generally or to particular Persons and by consent of the Council to remove or displace any Officer those made by Patent under the great Seal only excepted Ibid. 307. And by another Writ of the same date the former Commission was explained not to extend to the Pardon of any Prelate or Earl for any Offence punishable by loss of Life Member Lands or Goods And the same time Alexander Bishop of Ossory was made Treasurer of Ireland and a Guard of six Men at Arms and twelve Archers at the King's Pay allowed him I have seen a Copy of a Commission to Maurice Fitz-Thomas Lib. G. 13. Earl of Kildare to govern Ireland till Sir William Windsor's return it bore date the sixteenth of February 50 Edw. 3. and Stephen Bishop of Meath was appointed to oversee Munster but because I find no other mention of his being in the Government about this time I have therefore omitted to name him as Lord Justice And so we are come to the twenty first Day of June 1377. 1377. on which Day this victorious King died at Shene in Surry in the sixty fourth Year of his Age and of his Reign the one and fiftieth Lib. M. His Revenue in Ireland did not exceed ten thousand Pound per annum though the Medium be taken from the best seven Years of his Reign THE REIGN OF RICARD II. King of England c. And LORD of IRELAND RICHARD the Second only Son of Edward commonly called the Black Prince Eldest Son of King Edward the Third was by his Grandfather declared to be his Heir and lawful Successor and accordingly succeeded him in the Throne on the 21st of June and was Crowned at Westminster the 16th of July following 1377. His tender Age being but eleven years old required a Protector and because it seemed dangerous to commit that great Authority and Power to a single Person it was given to the Kings Unkles the Duke of Lancaster and the Earl of Cambridge and others who thought fit to continue in the Government of Ireland James Earl of Ormond Lord Justice he kept the Kingdom in as good order as those dangerous and troublesom Times would admit of Baker 141. for both the French and the Scots took advantage of the Kings Infancy to disquiet his Dominions but especially the Realm of England This Lord Justice according to the Usage in those days held Pleas of the Crown Lib. G. Lambeth and Gaol-delivery at the Naas on Monday after Valentines Day 1378. and not long after surrendred to Alexander Balscot Bishop of Ossory Lord Justice who continued in the Government until November following Lib. G. and then gave place to John de Bromwick 1379. Lord Justice in whose time Beauchamp Earl of Warwick was by the Parliament of England made sole Protector of the King and Kingdom And then was made that first Act or Ordinance against Absentees Lib. M. Lambeth 138. by the Assent and Advice of the Lords and Nobles of England Davis 38. 199 being in Parliament Whereby it is Ordained That all that have Lands 4th Instit. 356 360. Rents or Offices in Ireland shall return thither but if they have reasonable cause to absent that then they shall send sufficient Deputies to defend their Castles and Estates or contribute two Thirds of the yearly value towards the defence thereof but that Students and those in the Kings Service and those absent for reasonable Cause by Licence under the Great Seal of England shall be excused for one Third of the yearly Profit of their Estates This Act was confirmed afterwards Lib. F. 19 Edw. 4. and by vertue hereof the Mannor of Ballymaclo in Meath was seiz'd into the Kings Hands for the absence of William de Carew but was the next year restor'd to him on his Petition Prin 308. Septemb. 27. 1380. And it is to be remembred That this Act was occasioned by a Petition from Ireland and that it is mentioned in the Body of the Act that the Loss of Ireland would be a Disinherison to the King and his Crown of England Ibid. At the same Parliament at Westminster there was another Irish Petition for Mine and Coigne which I take to be a Liberty to dig Mines and a Mint to coyn Money For the Kings Answer is That for six years to come every one may dig in his own Grounds for any Mineral whatsoever even Gold and Silver paying the Ninth part thereof to the King and sending the rest to the Kings Mint at Divelin for the Coynage of which they shall pay the usual Rates but must transport none to any place except England on pain of forseiting it if it be seized or the Value if he be convict of it unless the Party had special Licence under the Great Seal of
England There was also another Petition for a free intercourse of Trade between Ireland and Portugal Ibid. whereunto the King gave a Gracious Answer And it seems that the State of England was intent upon the Recovery and Improvement of Ireland for Sir Nicholas Dagworth was sent thither to survey the Possessions of the Crown Davis 201 and to call the Officers of the Irish Revenue to account and the more to humour the Irish who thiink themselves disgraced when ignoble Men are put in the highest Authority over them Edmond Mortimer Earl of March and Vlster Jan. 24. 1380. was sent over Lord Lieutenant Sometime before he came viz. in Jun. 1380. the French and Spanish Gallies which did much Mischief on the Coasts of Ireland were by the English Fleet forced to retire into the Harbour of Kinsale where they were assailed and vanquished by the English and Irish so that their Chief Captains were taken Paâ—ata Hiberniae 360. and four hundred of the Enemies slain there were also taken four of their Barges and one Ballenget and one and twenty English Prizes were recovered I cannot find but that Ireland was pretty quiet during the Government of this Lord Lieutenant which did not continue very long for he died at St. Dominicks Abby near Cork on the 26th of December 1381. and the next day John Cotton then Dean of St. Patricks Ware de Praesulibus 28. and Lord Chancellor afterwards Achbishop of Armagh was chosen and sworn Sord Justice 1381 in the Convent of Preaching Friars at Cork Pryn 309. but it seems he did not long exercise that Office for in Mr. Prins Animadversions on the 4th Institut we find a Writ Dated the 29th Day of March anno 1382. viz. 5 R. 2. Directed to Roger Mortimer Earl of March Lord Lieutenant of Ireland whereby he is directed to call a Parliament there for the good Government of that Country and the support of the Kings great Charge and Expence but it is probable that this young Lord could not manage that unruly Kingdom and therefore Philip de Courtny the Kings Cousin was sent over Lord Lieutenant 1383. he had a great Estate in Ireland and therefore was the fitter for that Government He came over on good terms for he had a Patent to hold that Office for ten years nevertheless he behaved himself so ill Lib. M. Lamb. that he was not only superseded but also was arrested whilst he was Lord Lieutenant and afterwards grievously punished for the wrongs and oppressions he had done in Ireland Davis 201. In his time hapned a great Mortality called the Fourth Pestilence and upon the removal of him the Government of Ireland was given to the great Favourite of that Age Robert de Vere Earl of Oxford afterwards Marquess of Dublin Decemb. 1384. and Duke of Ireland Lord Lieutenant The English Parliament to get rid of him gave him a Debt of thirty thousand Marks due from the French King upon condition that after Easter he should pass into Ireland to recover the Lands the King had given him there he had five hundred Men at Arms at twelve pence per diem and a thousand Archers at six pence apiece a day appointed him for two years super conquestum illius Terrae He was trusted with the whole Dominion of the Realm during his Life without paying any thing therefore or making any Account for it He had Power to pass all Writs under his own Test and to place and displace all Officers how great soever even the Chancellor Treasurer Admiral c. and to name his own Deputy and all other Ministers And it seems that he had afterwards a larger Patent 4th Instit 357 9 Rich. 2. whereby the King granted him Totam Terram Dominium Hiberniae Insulas eidem Terrae adjacentes ac omnia Castra Comitatus Burgos Villas Portus Maris c. una cum Homagiis Obedientiis Vassallis Servitiis Recognitionibus Praelatorum Comitum Baronum c. cum Regaliis Regalitatibus Libertatibus c. omnibus aliis qnae ad Regaliam Nostram pertinent cum Mero Mixto Imperio adeo plene integre perfecte sicut Nos ea tenuimus habuimus tenuerunt habuerunt Progenitorum nostrorum aliqui ullis unquam temporibus retroactis Tenendum per Homagium Ligeum tantum c. But that which is most strange is That those illegal Letters Patents should be authorized by Parliament Assensâ— Praelatorum Ducum aliorum Procerum Communitatis nostri Angliae in Parliamento but nullum violentum est perpetuum novus iste insolitus umbratilis honor cito evanuit But it is time to return to the great Minion the Earl of Oxford who came as far as Wales and the King with him but they could not be perswaded to part and therefore this Lord Lieutenant never went to Ireland but deputed Sir John Stanly 1385. Lord Deputy in whose time the Bridge of Dublin fell and at the Parliament held at Westminster Roger Mortimer Earl of March Son of Philippa Daughter of Lionel Duke of Clarence Third Son of Edward the Third was established and soon after proclaimed Heir Apparent to the Crown and yet he was but Heir Presumptive but this Lord Justice was sent for and Alexander de Balscot April 26. alias Petit 1387. Bishop of Meath who had been Treasurer and Chancellor did execute the Office of Lord Justice until the return of Sir John Stanly 1389. Lord Deputy to the aforesaid Earl of Oxford Lib. D. Lambeth to him O Neal and his Sons made an humble Submission in Writing wherein they renounced the Bonaught of Vlster they also promised Allegiance and gave Oaths and Hostages for the performance thereof And it is to be noted 1390. That almost in every Parliament of this Reign held in England the King did desire Aid from them for the carrying on the War in Ireland But at length the English Parliament did so vigorously prosecute the Lord Lieutenant of Ireland that he was forced to fly beyond Seas and not long after died miserably at Brussels and thereupon James Earl of Ormond July 25. was made Lord Justice and the Archbishop of Dublin was constituted Lord Chancellor 1392. This Lord Justice beat the Mac Moyns at Tascoffin in the County of Kilkenny and slew six hundred of them And now the State of England began to think seriously of the Recovery of Ireland and finding that that Country was poor and almost depopulated by the mighty Concourse of Irish into England whereby the Kings Revenue was decayed and the Power of the Irish Rebels increased it was thought fit to revive the Law against Absentees and to issue a Proclamation requiring all those whose Habitations were in that Kingdom to repair home Also some Recruits of Men and Money were sent to Ireland and the King had by Indenture agreed with Thomas Duke of Glocester to be Lord Lieutenant of
twenty pence or two shillings from every one that passed the Seas On the twenty fifth Day of March the King knighted four Irish Kings 1395. Selden tit hon 842. and some other great Lords whereof Mr Selden out of Froisart gives the following Account Four Kings of several Provinces in Ireland that submitted themselves to Richard II were put under the Care of Henry Castile an English Gentleman who spake Irish well in order to prepare them for Knighthood by the Kings Command he informed them of the English Manners in Diet Apparel and the like He asked them If they were willing to take the Order which the King of England would give them according to the Customs of England France and other Countries They answered They were Knights already and that the Order they had taken was enough for them and that they were made Knights in Ireland when they were seven Years Old and that every King makes his Son Knight and if the Father be dead the next of Kin does it and that the manner is thus The new Knight at his making runs with slender Lances against a Shield set upon a Stake in a Meadow and the more Lances he thus breaks the more Honour continues with his Dignity But Mr. Castile told them They should receive a Knighthood with more State in the Church and afterwards being perswaded and instructed especially by the Earl of Ormond they did receive Knighthood at Christ-Church Dublin after their Vigils performed in the same Church and a Mass heard and some others were knighted with them but the four Kings in Robes agreeable to their State sate that Day with King Richard at the Table And so Davit 202. when the King had supplied the Courts of Justice with able Men particularly with Sir William Hankford Chief Justice who was afterwards Chief Justice of England and done his Endeavor to establish a Civil Plantation in the Mountains of Wicklow he returned to England about Midsummer 1394. as I suppose for on the fourth of July 1394 Roger Mortimer Earl of March was sworn Lord Lieutenant Pryn. 294. And not long after the aforesaid excellent Ordinances of 31 Edw. 3. were ratified revived and exemplified and sent into Ireland to be more duly observed than hitherto they had been But the Scene was changed and the Irish despising the weak Forces the King had left behind him began to lay aside their Mask of Humility and to make Incursions into the Borders of the Pale Nevertheless the English were not daunted their Valour supplyed what was wanting in their Number Cambd. particularly Sir Thomas de Burgh and Walter de Birmingham with their Forces slew six hundred of the Irish and their Captain Mac Con and the Lord Lieutenant and the Earl of Ormond wasted the County of Wicklow and took O Birnes House whereupon the Lord Lieutenant made seven Knights But this Victory was much overballanced by the Loss of forty principal Englishmen slain by the O Tools on Ascension-day and not long after by the Death of the Lord Lieutenant himself who was slain at Kenlis in Ossory by the O Birnes on the twentieth of July 1398. And thereupon Roger Gray was chosen Lord Justice 1398. pro tempore until the King sent over his half Brother Thomas Holland Duke of Surry Lord Lieutenant 1398. who landed at Dublin the seventh of October 1398. but did not long continue in that Office before the King pretending a Resolution to revenge the Death of his Cousin and Heir the Earl of March who was slain by the Irish as aforesaid He left the Government of England in the Hands of his Vnkle the Duke of York And on the first Day of June Richard 1399. King of England landed at Waterford with a good Army which he marched to Dublin through the wast Countries of Murroughs Kinshelaghs Cavenaghs Birns and Tooles but the Army was much distressed for want of Victuals and Carriages in those Deserts so that he performed no memorable Exploit save that he cut and cleared the Paces in the Cavenaghs Country and knighted Henry the Duke of Lancaster's Son afterwards Henry V for his briskness against the Irish On the sixth of June being the Friday after the King's arrival Jenico de Artois his faithful Gascoign slew two hundred Irish at Ford in Kenlis in the County of Kildare And the next Day the Citizens of Dublin made Incursions into Wicklow and killed thirty three Irishmen and took eighty Prisoners And on the twenty sixth of June the King came to Dublin and received the Submission of many Irish Lords But whilst he was consulting how to proceed he received the unwelcome News of the Duke of Lancaster's Progress in England whereupon he imprisoned his and the Duke of Glocester's Sons in the Castle of Trym and though he sent the Earl of Salisbury before him to gather an Army in Wales yet the King followed after so slowly that the Army was disperst before he arrived in England with which Misfortune his Courage fell so that on Michaelmass day he tamely surrendred the Crown and gave a just occasion for this true Remark Baker 152. That never any Man who had used a Kingdom with such Violence gave it over with such Patience He was afterwards deposed by Parliament and several Articles exhibited against him one of which was That he forced divers Religious Persons in England to give Horses Arms and Carts towards the Irish Expedition And another was That he carryed into Ireland the Treasure Reliques and other Jewels of the Crown which were used to be kept in the King's Coffers from all Hazard The King created Edward Plantagenet Earl of Cork in the twentieth Year of his Reign And the same Year gave a Licence under the Privy Seal to William Lord Courcy to buy a Ship to pass and repass to and from England And in this Reign happened this famous Case One Thomas a Clerk in England obtained a Judgment at Westminster against Robert Wickford afterwards Archbishop of Dublin and upon Affidavit That the Defendant lived in Ireland and had Goods and Lands there and the Sheriffs Return That he had no Lands nor Goods in England the Plaintiff had a Writ against the said Archbishop in haec verba IDeo vobis mandamus quod de terris catallis ejusdem Roberti Lib. M. jam Archiepiscopi in Terra nostra Hiberniae fieri facias praedict decem libras illas habeatis coram c. This Archbishop died anno 1390 so that this Writ must issue before that time THE REIGN OF HENRY IV. King of England c. And LORD of IRELAND HENRY Duke of Lancaster eldest Son of the famous John of Gaunt fourth Son of King Edward the Third upon the Resignation of King Richard procured him to be deposed in Parliament and himself to be elected King and the Crown to be entailed on him and the Heirs of his Body His Claim was as Heir to Henry III but finding that
make them seek Peace yet he was in no wise able to reduce them to the Obedience of Subjects or enlarge the Limits of the Pale however what he did was held so considerable that the Lords and Gentlemen of the Pale made Certificate of this great Service in French to the King Nevertheless the Army was so ill paid in this March that the Subject suffered more from the Cess of the Souldier than they gained by this small and temporary mortification of the Irish and this was the common Calamity from hence forward so that Necessity revived Coyn and Livery again by degrees notwithstanding that it remained Treason by Act of Parliament In August the Parliament met at Dublin 1415. and sate six weeks during which time the Irish followed their usual Course of falling upon the English and killed Thomas Ballymore of Ballyquelan and many others and on the 22th day of October the King obtained a most glorious and entire Victory over the French at the Battel of Agincourt But the Parliament was adjourned to Trym 1416. and there it sate on the 11th of May and continued seven days and gave the King a Subsidy of four hundred Marks in Money and the next year the Prior of Kilmainham with sixteen hundred Irish went to aid the King in France 1417. they Landed at Harslew in Normandy and did the King very good Service But I should have remembred That the King and Parliament at Westminster anno 1413. did Enact That for the Peace and Quietness of England and for the encrease and enstoring of Ireland That all Irishmen Irish Clerks Beggars and Chamberdekins be voided out of England before All-Saints next Lib. M. except Graduates in Schools Sergeants and Apprentices at Law and such as be Inheritors in England and Religious Persons professed and Merchants of good Name and Apprentices now dwelling in England and those whom the King will dispense with and that all Irishmen who have Offices or Benefices in Ireland shall dwell in Ireland for the defence of the Land And now 4 Hen. 5. Lib. M. It was likewise Enacted in England that all Archbishops Bishops Abbots and Priors of the Irish Nation Rebels to the King that shall make any Collation or Presentment to Benefices in Ireland or bring with them any Irish Rebels among the Englishmen to the Parliament Councils or other Assemblies within the same Land to know the Privities or States of the Englishmen their Temporalities shall be seized till they fine to the King and that the Governors of Ireland be defended and restrained to grant such Benefices or Pardons in the case to Irish Persons not English and that such Licenses shall be void There is very little recorded of the Year 1418 1418. and it is scarce worth mentioning That the Lord Lieutenant did spoil the Tenants of Henry Crus and Henry Bethel probably for some Misdemeanor by them committed against the Government But the Year 1419. 1419. will afford us more Matter for on the last Day of May the Lord Lieutenant accompanied by the Archbishop and Mayor of Dublin razed the Castle of Kenun having a little before in the same Month taken Prisoner Mac Morough the chief Captain of his Nation and on the 20th of June the Lord William de Burgh took O Kelly and slow five hundred Irish in Connaught but the Lord Lieutenant was sent for to England and substituted his Brother Richard Talbot Archbishop of Dublin Lord Justice or Deputy He held a Royal Council i. e. a Parliament at the Naas which gave a Subsidy of three hundred Marks On Maundy-Thursday O Tool took four hundred Kine from Ballymore and so broke the Peace contrary to his Oath but it fared worse with the Irish at Rodiston where thirty of them were slain by the English under the Command of the Lord Justice but on the 4th day of April Landed at Waterford James 1420. Earl of Ormond Lord Lieutenant His Commission is very large and beareth Date the 10th of Febr. 7 Hen. 5. and is to be seen Pryn 412. He held a Council at Dublin the 23th of April and summoned a Parliament to meet the 7th of June which did accordingly then meet and sate sixteen days and gave the King a Subsidy of seven hundred Marks and adjourned to Monday after S. Andrews Day and at that Session they gave another Subsidy of three hundred Marks and the publick Debts contracted by the Lord Talbot were paid and then they were Adjourned to the Monday after S. Ambrose's Day But it will be convenient to shew the Reader who paid these Subsidies and what their respective Proportions were and thereby he will perceive the vast Alteration for the better that is made in the State of Ireland since those Days This Subsidy was called Tertium Subsidium and was applotted thus Lib. CCC Â Lib. s. d. The Clergy of the County of Wexford 13 06 08 The Commons of Kildare 34 10 05 The Clergy of Kildare 04 02 10 Commons of Typerary 08 11 04 Clergy of Cashel 00 19 04 Commons of Limerick 02 03 00 Clergy of Limerick 00 08 01 Kingsale 01 16 08 Â Mar. s. d. Meath Liberty 83 00 00 Clergy of Meath 40 00 00 Clergy of Dublin 11 11 08 Drogehda 04 03 00 Commons of Carlow 04 01 04 Clergy of Ossory 02 00 11 Commons of Kilkenny 18 05 11 Commons of Louth 25 12 05 Clergy of Ardes 08 08 09 Commons of Dublin 40 10 00 City of Dublin 06 10 00 Clergy Cathedral of Dublin 11 11 08 Cork 02 02 00 On the 28th of October Thomas Fitz-Girald took Colmolin Castle and the Parliament met again according to Adjournment on Monday after S. Ambrose's Day and ordered that the Archbishop of Armagh Sir Christopher Preston and others should go Commissioners to the King to desire a Reformation of the State of the Land At this Parliament John Gese Bishop of Lismore and Waterford accused Richard O Hedian Archbishop of Cashel of Thirty Articles the Principal of which were First Ware de Praesul 170. That he loved none of the English Nation nor gave any Benefice to any Englishman and that he counselled other Bishops to do the like Secondly That he had counterfeited the Great Seal Thirdly That he designed to make himself King of Munster Fourthly That he had taken a Ring from the Image of S. Patrick which the Earl of Desmond had offered and gave it to his Concubine c. There was also a Contest between Adam Pory Bishop of Cloyne and another Bishop but it is probable that the former Accusation was suppressed because we find no farther Proceedings upon them and because the Archbishop seems to have been a more generous sort of Man for he not only repaired the Cathedral of Cashel and a Mansion-House or two for his Successors but also was otherwise a great Benefactor to that See and liberal to Pious Uses and the later Contest was transmitted to Rome But we should return
to the Lord Justice 1422. whose Servants were on the Seventh of May attacked and defeated by the Irish Purcel Grant and five and twenty English more were slain and ten taken Prisoners and two hundred escaped to the Abby of Leix and to revenge this the Lord Justice invaded O Mores Country and defeated his terrible Army in the red Bog of Asby he relieved his own Men and burnt and preyed the Rebels Lands for four days until themselves came and sued for Peace And it seems O Dempsy notwithstanding his Oath of Obedience invaded the Pale and took the Castle of Ley from the Earl of Kildare which the Lord Justice had justly restored to the Earl whereupon Campion makes a severe Remark on the Irish That notwithstanding their Oaths and their Pledges they are no longer true than they feel themselves the weaker In the mean time Mac Mahon play'd the Devil in Vrgile and burnt and spoil'd all before him Camp 97. but the Lord Justice also revenged that Prank and forced Mac Mahon to submit and many other Noble Exploits did this good Governor for whose Success the Clergy of Dublin went twice every week in solemn Procession praying for his Victory over those disordered Persons which now in every Quarter of Ireland had apostatiz'd to their old Trade of Life and repined at the English And when I have mentioned a Deed made 9 Hen. 5. which is to be found Lib. GGG 24. at Lambeth whereby this Earl of Ormond constituted James Fitz-Girald Earl of Desmond his Seneschal of the Baronies or Signiories of Imokilly Inchicoin and the Town of Youghal during his Life I have no more to add but that this Victorious King after he had conquered France submitted to the common Fate on the last Day of August 1422 in the Flower of his Age and the Tenth Year of his Reign THE REIGN OF HENRY VI. King of England c. And LORD of IRELAND HENRY the Sixth was but nine Months old at the Death of his Illustrious Father 1422. and therefore the deceased King had by his last Will appointed John Duke of Bedford to be Regent of France Humphry Duke of Glocester to be Governour of England and Thomas Duke of Excester and Henry Bishop of Winchester to be Guardians of the Young King's Person All which was duly observed and the Infant King was proclaimed in Paris and the Nobility that were there swore Allegiance to him James Earl of Ormond continued Lord Lieutenant of Ireland and upon a Petition preferred by the House of Commons to the King about the manifold Murders Robberies Rapes Riots and other Misdemeanours committed by the Irish in England Lib. M. it was enacted there That all Persons born in Ireland should quit England within a time limited except Graduates in either University Clergymen beneficed those that have Land in England or are married there or those whose Parents are English and even such are to give Security of their good Behaviour And not long after came over Edmond Mortimer 1422. Earl of March and Vlster Lord Lieutenant He died afterwards of the Plague at the Castle of Trym which was his own Inheritance And in his stead came John Lord Talbot 1425. Lord Justice In whose time the Barretts a Family of good account near Cork did by Indenture covenant to be obedient to the Earl of Desmond who was exceeding Powerful and lorded it over great part of Munster with a high Hand This Governour resigned to James Earl of Ormond 1426. Lord Justice In whose time John Duke of Bedford 4 Instit 360. Regent of France obtained a Patent for all the Mines of Gold and Silver within England Ireland c. rendring to the Church the tenth Part to the King the fifteenth Part and to the Owner of the Soil the twentieth part And then Sir John de Gray 1427. Lord Lieutenant landed at Hoâ—th the thirty first of July and was sworn the next Day but no mention is made of any thing he did but that he went for England and left Edward Dantzy Bishop of Meath 1428. his Deputy He was for a time Treasurer of Ireland and dyed the fourth of January 1428. Upon Notice whereof Sir John Sutton Lord Dudly was sent over Lord Lieutenant He held a Parliament in Dublin Friday next after the Feast of All Saints 1429. at which it was enacted That the Sheriff upon Pain of Amercement should add to the Panel of Jurors the Place Estate and Mistery of every Juror And in the Preamble to this Act the Lord Lieutenant is Styled The Right Noble and Right Gracious Lord. And on the sixth of the same November the King was crowned at Westminster And soon after the Lord Lieutenant returned and left Sir Thomas Strange 1429. Lord Deputy in whose time the King was crowned at Paris 1431. and took the Oaths and Homage of the Nobility and People there And now happened the famous Case of the Prior of Lanthony which was That a Judgment in the Common Pleas being removed to the Irish Parliament was affirmed there Whereupon a Writ of Error was sent from England but the King's Bench in England would not take cognizance of a Judgment in the Parliament of Ireland to reverse it And therefore the Prior petitions the King That the Record may be transmitted to the House of Lords in England to be examined there Sir Thomas Stanly was made Lord Lieutenant of Ireland 1432. and it seems that he called a Parliament which enacted two Statutes that were afterwards repealed by 11 Jac. 1 cap. 5. And then he went to England leaving Sir Christopher Plunket Lord Deputy 1432. he was afterwards Baron of Killine in Right of his Wife Heir of the Cusacks and his second Son became Baron of Dunsany But Sir Thomas Stanly 1435. Lord Lieutenant returned and gave a Check to the Irish who were insolent beyond Measure and incroaching everywhere on the Pale making the best Advantage of the King's Minority and the Absence of the Military Men in France but the Lord Lieutenant with the Power of Meath and Vriel took Moyle O Donel Prisoner and slew a great many of the Irish And afterwards about Michaelmas he went again to England and left Richard Talbot Archbishop of Dublin 1436. Brother to the Earl of Shrewsbury Lord Deputy he was sometime Lord Chancellor of Ireland and was elected Primate of Armagh but he refused to change his Bishoprick Lion Lord Wells 1438. Lord Lieutenant in whose time a second Law was made in England Lib. M. obliging the Irishmen to return into their Native Country And another Statute was made in Ireland to stop the Passage of any more into England And on the twelfth of June 17 Hen. 6. Robert Fitz-Geofry Cogan granted all his Lands in Ireland being half the Kingdom of Cork to James Earl of Desmond and gave a Letter of Attorney to put him in Possession of Kyrrygrohanmore Lib. G. Downdrinane
pain of loss of Life Lands and Goods that never any of them do make War upon another without Licence or Commandment of you my Lord Deputy and the Kings Council for the utter destruction of these parts is that only cause and once all the Irishmen and the Kings Enemies were driven into a great Vally called Glanehought betwixt two great Mountains called Maccorte or the Leprous Island and there they lived long and many years with their White-Meat till at the last these English Lords fell at variance among themselves and then the weakest part took certain Irishmen to take his part and so vanquished his Enemy and thus fell the English Lords at variance among themselves till the Irishmen were stronger than they and drave them away and now have the whole Country under them but that the Lord Roch the Lord Courcy and the Lord Barry only remain with the least part of their Ancestors Possessions and young Barry is there upon the Kings Portion paying his Grace never a penny of Rent wherefore We the Kings poor Subjects of the City of Cork Kinsale and Youghal desire your Lordship to send hither two good Justices to see this Matter ordered and some English Captains with twenty Englishmen that may be Captains over us all and we will rise with them to redress these Enormities all at our own Costs and if you do not we be all cast away and then farewel Munster for ever and if you will not come nor send we will send over to our Liege Lord the King and complain on you all However I will not pretend to be exact in the timing of this Letter This Lord Lieutenant had a Son born at Dublin well known afterwards by the Name of George Duke of Clarence to whom the Earls of Ormond and Desmond were Godfathers and thereupon Desmond grew so insolent and haughty that his Oppressions were the chief Cause of the aforesaid Letter from Cork but it is probable that the Lord Lieutenant return'd to England and left James Earl of Ormond afterward Earl of Wiltshire 1451. and Lord Treasurer of England Lord Deputy in whose time Sir John Talbot was made Lord Chancellor of Ireland and it seems Complaint was made against him because he put in a Deputy in his room absque Regis licentia Lib. CCC This Lord Deputy was made Lord Lieutenant and went for England leaving John Mey Archbishop of Armagh Lord Deputy 1453. wherewith the Government of England being dissatisfied a Writ was sent to the Earl of Ormond commanding him Quod circa praemissis intenderet I suppose the Reason might be because there was a Necessity for the Presence of a Military Governour of Power and Authority in that Kingdom to repel the daily Incursions of the Irish into the Pale and therefore Ormond not being willing to come over the Government was committed to Thomas Earl of Kildare 1454. Lord Deputy who held it only until the arrival of Sir Edward Fitz-Eustace Lord Deputy to the Duke of York Who held a Parliament in Dublin at which it was enacted I. That all Statutes against Provisors in England or Ireland should be held in Force II. That Inquests before Coroners shall be discharged after a second Verdict that they do not know the Felon III. That no Appeals shall be to England except for Treason against the King's Person and in all false Appeals the Plaintif shall pay Damages and twenty Pound and one hundred Shillings Fine In the mean time the Duke of York in England obtained a famous Victory over the King's Forces at S. Albans where the Duke of Somerset was slain and the King himself was wounded in the Neck and afterwards on the ninth of July he was made Protector of the King's Person by Parliament And in Ireland Thomas Earl of Kildare was Lord Deputy to the Duke of York 1455. and held a Parliament at Dublin wherein it was enacted I. That no Exigents nor Outlawries be made by Commissioners II. That the Recorder of Dublin and Drogheda shall have but two Pence for every Plaint III. That every Man shall answer for his Sons and waged Men. IV. An Act about Escheators V. That a Parliament should be held every Year And he held another Parliament at the Naas Lib. M. 48. Friday after All Saints which enacted I. That all Strangers pay forty Pence per Pound Custom for transporting Silver II. That every Man shall answer for his Sons except in Cases Capital III. That no Person not amesnable to Law shall distrain without Licence on pain of forfeiting his Title And he held another Parliament at Dublin Friday after the Purification at which it was established I. That Beneficed Persons should reside II. That the Inhabitants to enclose the Village might remove the High-way forty Perch Richard Duke of York 1459. upon the Revolt of Andrew Trollop and the Callicians broke up his Army and fled first to Wales and afterwards to Ireland where he was kindly received and by his Deputy the Earl of Kildare he held a Parliament at Dublin the third of February which enacted That Warrants to the Chancellor bear the Date of the Delivery and that the Patents be of the same Date or else be void And the same Day twelve month he held another Parliament at Drogheda 1460. wherein it was enacted That no Man should sue in the Exchequer but a Minister of that Court on pain of ten Pound This Duke and his Abettors were in a Parliament at Coventry declared Traytors and thereupon the Earl of March came to his Father into Ireland and soon after returned to Calice and thence invaded England at Sandwich and on the ninth of July he fought and defeated the King at Northampton and took him Prisoner whereupon the Duke of York went to England and called a Parliament in the King's Name and in that Parliament boldly claimed his Title and so it was enacted That King Henry should keep the Crown during his Life and the Duke should be declared Heir apparent and in case of Opposition or farther Bustle about it should have present Possession But not long after the Duke was defeated and slain at the Battle of Wakefield This Duke behaved himself exceeding well in Ireland he appeased the Tumults there and erected Castles on the Borders of Louth Meath and Kildare to stop the Irish Incursions and was so well esteemed in that Kingdom that Multitudes of the Irish Subjects attended him into England to pursue his Claim to the Crown Nevertheless the Publick Revenue was but very low because the whole Kingdom was in Possession of the Irish except the Pale and some few Places on the Sea-Coast in Vlster and even that was so far from being quiet that they were fain to buy their Peace by yearly Pensions to the Irish and to pay Tribute and Contributions to them for Protection which nevertheless was but very ill observed to the English It cannot be expected I should give the Reader an exact
List of all that did pay this scandalous Contribution Lib. P. 174. and yet I am not willing to conceal from him the Account I have met with which is as follows lib. The Barony of Lecale to O Neal of Clandeboy per annum 20 The County of Vriel to O Neal 40 The County of Meath to O Connor 60 The County of Kildare to O Connor 20 The King's Exchequer to Mac Morough 80 Marks The County of Wexford to Mac Morough 40 The Counties of Kilkenny and Typerary to O Carol 40 The County of Limerick to O Bâ—â—an 40 The County of Cork to Mac Carty of Muskry 40 And whilst the English were engaged in England the Irish advantaged themselves of the Opportunity and without Colour of Right usurped many considerable Estates as they had done before in the time of Richard II and these two Seasons set them so afloat that they could never since be cast out of their forceable Possessions holding by plain Wrong the most part of Vlster and upon very frivolous Pretences great Portions of Laâ—d in Munster and Connaugh And so we are come to the end of this unfortunate Reign which determined some Years before the King's Life for he did not dye until the twenty first Day of May 1472. And it must not be forgot That one of the Articles against this King was That by the Instigation of divers Lords about him he had wrote Letters to some of the Irish Enemy whereby they were encouraged to attempt the Conquest of the said Land of Ireland THE REIGN OF EDWARD IV. King of England c. And LORD of IRELAND EDWARD Earl of March 1460. Son and Heir of Richard Duke of York immediately after his Fathers Death at the Battle of Wakefield betook himself with all Diligence to gather an Army near Shrewsbury and having got twenty three thousand Men together on the second of February he defeated the Earls of Ormond and Pembrook near Mortimers-Cross and killed three thousand eight hundred of their Soldiers and although the Queen not long afterward defeated the Earl of Warwick at Bernard-Heath near S. Albans yet he wisely made slight of that Misfortune and without any Regard to it marched directly to London where on the fourth Day of March by vertue of the aforementioned Act of Parliament he was proclaimed King by the Name of Edward the Fourth He was as to his Person the goodliest Man of his Time and he was not less Valiant than beautiful On the twelfth of March he advanced against his Enemies and on Palm-Sunday with an Army of forty thousand and six hundred Men he encountred with sixty thousand and obtained so great a Victory that thirty six thousand seven hundred and seventy two of his Adversaries were slain And so being safe in his Throne 1461. he thought it time to put the Crown upon his Head which was solemnly performed on the twenty eighth Day of June In the mean time Thomas Earl of Kildare was on the thirtieth of April chosen Lord Justice by the Council of Ireland and continued so until Sir Rowland Fitz-Eusâ—ace 1462. Lord of Portlester and Treasurer was appointed Deputy to the Duke of Clarence He held a Parliament at Dublin Friday before S. Luke's Day which enacted That ten Pound per annum Davis 96. be received out of the Profits of the Courts to repair the Castle hall It seems that one William O Bolgir was made Denizen about this time Lib. G. and that on the fourth of May 1463. Robert Barnwal was made Baron of Trimlets-Town and it must not be forgot That the Earl of Ormond was beheaded at Newcastle and attainted by Parliament in Englaâ—d ◠〈◊〉 4. and that that noble Family was in Disgrace all this â—eâ—gn for their firm adhesion to the House of Lancaster This Lord Justice was long after this in a very old Age made Viscount Baltinglass by King Henry VIII and now was forced to resign to George Duke of Clarence the King's Brother who was made Lord Lieutenant for Life and deputed his Godfather Thomas Earl of Desmond Lib. M. Lord Deputy in whose time Mints were established at Dublin Trim Drogheda Waterford and Galway to coyn Groats two Penny pieces Pence Halfpence and Farthings And not long after it was ordered That English Mony should advance a fourth Part in Ireland viz. That an English Nine Pence should pass for a Shilling in Ireland and a Shilling for sixteen Pence and so proportionably And it seems the Gold Noble coyned in the time of Edward III. was inhanced higher than the rest for it was ordered to pass for ten Shillings And this was the first time any difference was made in the value of Mony between England and Ireland This Lord Justice held a Parliament at Weys Friday before S. Martin's Day 1463. which the Thursday after was adjourned to Waterford to be held the Monday following It was again on Saturday before the Feast of Edward the Confessor adjourned to Naas Irish Statutes 19. to be held Monday before S. Matthias Day and thence on the Friday after it met there it was adjourned to Dublin to be held Monday before S. David's Day and there on the Saturday after it was dissolved having first enacted I. That all Parliament Men should have Priviledge forty Days before and forty Days after every Sessions And II. That the Attorneys Fees be regulated And III. That clipped Mony should not be currant He held another Parliament at Trim 1465. on Wednesday after S. Lawrence his Day at which it was enacted I. That the like Challenge may be had against the Feofee as against cestuy que use II. That any Body may kill Thieves or Robbers Repealed 11 Car. 1 c. 6. or any Person going to rob or steal having no faithful Men of Good Name in English Apparel in their Company III. That the Irish within Pale shall wear English Habit take English Names and swear Allegiance upon pain of forfeiture of Goods IV. That English and Irish speaking English and living with the English shall have an English Bow and Arrows on pain of two Pence V. That there be a Constable and Butts in every Town And Lastly That no Foreign Vessels fish on the Rebels Coast on pain of Forfeiture And every one that fisheth on the Coast of the Pale to pay a Duty But this Lord Justice who was the greatest Man that ever was of his Family began now to decline in the King's Favour and was obliged to give place to John Lord Tiptoft 1467. Earl of Worcester Treasurer of England and Constable of England for Life Lord Deputy of Ireland he was one of the most learned and eloquent Men in Christendom and held a Parliament at Drogheda At which it was enacted I. That the Governour for the time being may pass into Islands II. That none shall purchase Bulls for Benefices from Rome under great Penalty III. That the King's Pardon to Provisors be void IV. That 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
this he did because he was then in Rebellion against Henry the Sixth and to encourage his Partizans to repair to him in Ireland and by vertue of this Act he Executed William Overy Esq who was Servant to the Earl of Ormond And now the Abettors of Lambert Symnel and Perkin Warbeck which are the Lads mentioned in the new Statute excused themselves upon the aforesaid Act and therefore it was now repealed and all Receivers and Maintainers of Traytors are by this Act made guilty of Treason and Obedience is commanded to be paid to the Great Seal and Privy Seal of England and to Letters Missive under the Kings Signet IV. The Famous Statute commonly called Poyning's Act That no Parliament should for the future be holden in Ireland until the Chief Governor and Council do first certifie the King under the Great Seal of that Land as well the Causes and Considerations as the Acts they design to pass and till the same be approv'd by the King and Council and a Licence thereupon do issue from the King to summon a Parliament and that all Parliaments hereafter holden in other manner be void and of none effect And it is to be noted That this Act was by the Statutes of 28 Hen. 8. c. 4. c. 20. suspended as to that Parliament and by the Statute of 3 4. Philip and Mary it is very excellently and at large explained and by the Statute of 11 Eliz. c. 1. Poyning's Act was again suspended or superseded as to that Parliament in confidence that their most worthy Governour Sir Henry Sydny would not pass any Bills prejudicial to the Queen or the Kingdom but because they had not the same Assurance of their future Governours they did upon second thoughts and in another Session make a Law 11 Eliz. c. 8. That no Bill should for the future be certified into England for the Repeal of Poyning's Act until first such Bill should be approved of by the Majority of both Houses of Parliament in Ireland nevertheless whenever it shall happen that the English and Protestant Interest in Ireland shall overtop its Enemies and make a Majority in Parliamentary Assemblies that Act of Poyning's which was made only to help the English when too weak for the Irish will be obsolete and useless when the Irish Popish Interest becomes inconsiderable V. That all the Statutes against Provisors made in England or Ireland be put in execution here VI. That no Citizen or Townsman receive Livery or Wages from any Nobleman or Gentleman neither engage themselves by Indenture or otherwise to any Lord or Gentleman on pain of being disfranchis'd and expell'd the Corporation and the chief Magistrate to forfeit Twenty Pounds if he fail to punish the Transgressors of this Law and that no Lord or Gentleman shall retain any other but his Officers and Menial Servants on pain of Twenty Pounds VII That none be Aldermen Jurors or Free-men in any Town but such as have been Apprentices or constant Inhabitants there and that no man be Mayor but one known to be Loyal nor no Lord or other be made privy to their Consultations except their Recorder on pain of an hundred Marks and all their By-Laws contrary to the Kings Prerogative and Jurisdiction to be void and that this Act be recorded in every Corporation VIII That the Statutes of Kilkenny be confirm'd and executed except those about the Irish Language and riding on Saddles IX That the Subjects keep Bows and Arrows X. That the Captains of Marches do present the Names of their Retinue by Indenture that they may answer for their Defaults and that it be Felony to succour or willingly suffer Rebels or Enemies to pass and re-pass the Marches and that every Proprietor of Land in the Marches do reside thereon or appoint a sufficient Deputy to do so on pain of losing his Estate during his Absence and that all People near the Marches from Sixteen to Sixty be ready on warning in their best defensible Array to defend the same XI That no man compound for the Death or Murder of his Friend or Relation nor revenge it but according to Law XII That no man keep Fire-Arms after Proclamation on pain of Twenty Pounds XIII That it be Treason to stir up the Irishry to make War on the English or any body to make war against the chief Governour of Ireland XIV That one of the Realm of England be Constable of the Castle of Dublin and the like of Trim Lexlip Athlone Wicklow Green-Castle Carlingford Castlefergus repeal'd 11 Car. 1. c. 6. And hence arose the vulgar Error That no man can be Lord Lieutenant of Ireland but an Englishman born XV. An Act about the Records of Vlster Conaught and Trim. XVI That the Lords appear in their Robes every Parliament on pain of one hundred Shillings XVII That no man shall make Peace or War without the Consent of the Chief Governour on pain of one hundred Pounds c. for it is to be noted that before this time every Lord made War or Peace as he pleased without Pay or Commission XVIII That no man take Money or Horsemeat by colour of Gift Reward or otherwise by reason of any Menace and if he do the Giver is to forfeit an hundred Shillings unless he complains seasonably and the Taker is to suffer the Punishment appointed for the Takers of Coyn and Livery XIX That the Souldier shall pay three halfpence a Meal and his Man a Penny and a Penny for six Field-sheaves of Oats and Litter according and whoever refuses to quarter Souldiers at this Rate forfeits twelve pence a time unless he be a Man of twenty Marks Estate per annum and except Cities and Corporate Towns XX. That the Words Cromabo and Butlerabo and such like Words of Faction be abolished XXI That wilful Murder be High Treason XXII That all the Statutes late made in England concerning or belonging to the Publick Weal be henceforth good and effectual in Ireland And XXIII That the Statutes made by the Lord Gormanstown aforesaid he repeal'd and null There were many other Statutes made at this Parliament Lib. D. although they are not Printed Davis 171. One was That the King should have a Subsidy of twenty six shillings and eight pence out of every sixscore Acres of Arable Land in lieu of Purveyance which it seems was together with Coyn and Livery supprest by that Act Rot. Parl. c. 4. And another Act gave Power to the Lord Treasurer to govern the Kingdom on the Death or Surrender of the Chief Governor until the Kings Pleasure were known There was also an Act made in favour of the Knights of St. John's of Jerusalem to resume all their Possessions alienated by Prior Keating or his Predecessor Thomas Talbot and to restore the Jewels and Reliques they had pawn'd to depose the Preceptors they had placed in the Commanderies and that no man but an Englishman should be Prior for the future Another Act made a general
them to new Disturbances And accordingly the Earl of Desmond the Archbishop of Cashel the Bishops of Cork and Waterford and many other of the principal Men of Munster were pardoned and the Liberties and Charters of Youghal were restored and confirmed and their Priviledges enlarged In the mean time dyed Rowland Fitz-Eustace Baron of Portlester who at several times had been Deputy Chancellor and Lord High Treasurer of Ireland which last Place held thirty eight Years And about the same time died Cnoghor mac Trelagh O Brian Chief of Thomond and was succeeded by his Brother Gil duff by Popular Election according to the Custom of Tanistry But it is time to return to Perkin Warbeck whom we left in the Arms of a fair Lady in Scotland that King had already made several Essays in favour of this supposititious Prince but now his Affairs pressed him to make a Peace with the English which King Henry would not hear of unless Perkin were delivered up It was therefore necessary for the Impostor to seek new Quarters 1497. And therefore being secretly supplied by the King of Scotland with Necessaries for his Voyage he embarqued with his Wife and Family and landed safely at Cork the twenty sixth of July he could not have pitcht upon a Place more prone to Rebellion at that time but curst Cows have short Horns and their Ability was not suitable to their Inclinations however he listed one hundred and twenty Soldiers and by the Aid or at least Countenance of the Earl of Desmond he got Conveniences for their Transportation And so finding the Earl of Kildare so firm and potent that no good was to be done in Ireland and receiving an Invitation from the Cornishmen he sailed directly to Cornwal in September and landed safely at Whitsand-bay The City of Waterford which for its loyalty to the Crown against Lambert Symnel had received great Favours and Priviledges from his Majesty was now altogether as vigorous against Perkin and by its discreet behaviour in this Affair well deserved the Motto Intacta manet Waterfordia That City manned out four Ships and sent them in pursuit of Perkin but Fortune did not favour that Generous and Loyal Design This Impostor being thus arrived in England took upon him the Name of Richard IV King of England and as such behaved himself and acted his Part so well that he would often lament the Destruction of his People and would frequently bemoan the Tyranny and Oppressions they lived under which sort of Deportment took with the common People exceedingly insomuch that some thousands of them came to him at Bodmin with them he besieged Excester and assaulted the City with great vigour and Resolution which the Couragious and Loyal Citizens by the help of some of their Country Neighbours as valiantly defended Hereupon Perkin raised the Siege and marched to Taunton and although the Cornishmen continued resolute to conquer or dye yet Perkin perceiving their Courage was greater than their Strength and finding that the King's Army did daily increase whilst his did decrease he privately withdrew to the Sanctuary of Beaulieu in Hampshire and afterwards surrendred himself and being imprisoned in the Tower he made his escape once and attempted it the second time and was therefore together with his Friend John Waters Mayor of Cork hanged at Tyburne where he confirmed the Confession he had formerly made which was to this effect I Being born in Flanders Campion 104. in the Town of Turney put my self in Service with a Britton called Pregent Meno the which brought me with him into Ireland and when we were there arrived in the Town of Cork they of the Town because I was arrayed with some Cloaths of Silk of my said Masters threeped upon me That I should be the Duke of Clarence's Son that was before time at Divelin and forasmuch as I denyed it there was brought unto me the Holy Evangelists and the Cross by the Mayor of the Town called Ino Lavallin and there I took my Oath That I was not the said Duke's Son nor none of his Blood After this came to me an Englishman whose Name was Stephen Poytow with one John Walter and sware to me That they knew well that I was King Richard's Bastard-Son to whom I answered with like Oaths That I was not and then they advised me not to be afraid but that I should take it upon me boldly And if I would so do they would assist me with all their Power against the King of England and not only they but they were assured That the Earls of Desmond and Kildare should do the same for they passed not what part they took so they might be avenged on the King of England and so against my Will they made me to learn English and taught me what I should do and say And after this they called me Richard Duke of York second Son to Edward IV because King Richard's Bastard-Son was in the Hands of the King of England And upon this they entred into this false Quarrel and within short time after the French King sent Embassadors into Ireland viz. Lyot Lucas and Stephen Frayn and so I went into France and thence into Flanders and thence into Ireland thence into Scotland and so into England again But let us return to the Affairs of Ireland 1498. which were briskly managed by the Lord Lieutenant He called a Parliament at Trim which met on the twenty sixth of August in the fourteenth Year of the King's Reign which must be anno 1498. and not 1499. as it is mistaken in the printed Statutes for the King began his Reign the twenty second Day of August 1485. There is but one Act of this Parliament extant and that is To make all the Statutes in England about the Officers of the Custom-house to be of force in Ireland after Proclamation at Dublin and Drogheda A very needless Law certainly since it could have but four Years retro-spect all former English-Statutes being ratified here by Poyning's Act of 10 Hen. 7. cap. 22. In the mean time Henry O Neal who had murdered his Brother Con was this Year served in the same kind by Tirlagh and Con Sons of the former Con And not long after the Lord Lieutenant invaded Vlster in favour of the aforesaid Tirlagh O Neal who was his Nephew by the Mother he was joyned by O Donel Macguire and all Tirlaghs Friends and effectually besieged Dungannon took the Castle and set at Liberty all the Prisoners that Neal mac Art O Neal kept there and forced Neal mac Art himself to submit and give Hostages The Vlster Expedition being over the Lord Deputy in October marched to Cork where he placed a Garrison and forced the Inhabitants of that City and of Kingsale to swear Allegiance and to bind themselves thereunto both by Indentures and Hostages which it seems he thought were stronger Obligations upon them than their Oaths After his return in the beginning of March Ware 's Annals he held
November 1558. And it is observable That though she was a very zealous Papist yet the Irish were not quieter during her Reign than they were under her Brother but on the contrary their Antipathy against Englishmen and Government induced them to be as troublesome then as at other times and prevailed with Mr. Sullevan to give this severe Character of her Reign Sullevan cath hist. 81. That although the Queen was zealous to propagate the Catholick Religion yet her Ministers did not forbear to injure and abuse the Irish Quae tametsi catholicam Religionem tueri amplificare conata est ejus tamen Praefecti Conciliarii injurias Ibernis inferre non destiterunt THE REIGN OF ELIZABETH QUEEN OF England France AND IRELAND ELIZABETH 1558. the only surviving Child of Henry the Eighth succeeded her deceased Sister Queen Mary on the seventeenth day of November 1558. and in the five and twentieth year of her Age the Parliament who were all Papists then sitting she was by their common consent immediately Proclaimed Queen And though Mary and Elizabeth could not be both legitimate no more than their Father could have two Wives at once for if the first Marriage and Dispensation were not good then was Queen Mary spurious and if they were valid then was Elizabeth the Issue of an adulterous Bed yet by a rare Example of Fortune they both enjoyed Successively the Dominions of their Father and Elizabeth succeeded as Heir to Mary But nothing in History is more strange than that the Papists who had the whole Power in their hands should so peaceably accept of a Queen who according to their Doctrine and by Act of Parliament primo Mariae was a Bastard and by Report was a Protestant and not so much as make one Essay in behalf of the Queen of Scots who was a Catholick Princess and in their Opinions the right Heir But the true Reason was because they believed Elizabeth would declare her self a Catholick and also marry the King of Spain both which Matters she managed so wisely that even the King of Spain himself was deceived thereby iâ— perhaps his Dread and Hatred of the Scots the ancient Allies of France did not prevail with him to favour Elizabeth even though she should prove a Protestant rather than see the English Crown placed on the Queen of Scotland who had espoused the Interests of France and was inseparably linked to them Nevertheless it must be confessed That the Statesmen of that time whose Interests and Designs were Popish were much overseen and did not build their Conjectures upon Reasons that were any thing solid for it was Elizabeth's greatest Interest to regard her own Legitimacy and it was notorious that by marrying King Philip her Sister's Husband she must justifie by her own example the Marriage of Henry the Eighth with his Brothers Wife and by submitting to the Authority of the Pope she must at least tacitly allow his Dispensation for the Marriage of Henry the Eighth and Princess Katherine both which things would by consequence bastardize her and render her Reign and Life precarious The Papists quickly perceived their Oversight and to redeem that Error fell into a worse and refused to Crown their Sovereign whom they had but a little before unanimously Proclaimed but at length it was performed by Doctor Oglethorp Bishop of Carlisle on Sunday the twenty fifth of January 1558. Thomas Earl of Sussex was Lord Deputy of Ireland and with an Army of one thousand three hundred and sixty Foot and three hundred and twenty Horse had kept that Kingdom for some time in a more peaceable and quiet condition than usually him the Queen continued for a while and sent him Instructions written by Sir William Cecil's own hand viz. That a new Survey should be made of all Lands Spiritual and Temporal and no Leases to be made but on the best Survey Secondly Lib. C. The Leases for Customs of Ports not to be renewed without increase of Rent Thirdly Leix Offaly Irys Glanmaliry and Slewmarge to be distributed according to Act of Parliament to Tenants and their Heirs Males Fourthly The Exchequer to be regulated according to that of England and a Book about the Methods of the Exchequer Signed by the Queen and subscribed by the Officers of that Court was sent to the Deputy but not long after he was recalled and thereupon the Council elected Sir Henry Sydny Lord Deputy whose Government was something troublesom by means of Shane O Neal who took upon him the Name of O Neal and disclaimed the English Jurisdiction because by the Laws of England he could not inherit for Henry the Eighth had given the Earldom of Tyrone to Con O Neal with Remainder to his Son Matthew whom for the present he made Baron of Dungannon as hath been already related This Con had two Sons Matthew and Shane but Shane alledging that Matthew was a Bastard and the Son of a Smith of Dundalk as inded he had been reputed for fifteen years did claim the Inheritance and having murthered his Brother Matthew and imprisoned his own Father who thereupon died with grief he set up for himself and broke out into Rebellion The Lord Deputy marched to Dundalk to fortifie and defend the English Pale and sent for Shane O Neal who lay at a House of his six Mile from Dundalk to come to him thither but Shane desired to be excused and prayed that the Lord Deputy would be pleas'd to be his Gossip and that then he would come and do all that should be requisite for her Majesties Service and though this seem'd dishonourable that the Deputy should be Gossip to a Rebel before Submission yet the necessity of the Queens Affairs required it and therefore he consented and on the last day of January he and James Wingfield Christned the Child After the Solemnity was over the Deputy expostulated with Shane about his Rebellion O Neal alledged the Bastardy of Matthew and that Con's Surrender was void because he had but an Estate for Life in his Principality nor could have more by the Law of Tanistry nor could surrender but by consent of the Lords of his Country and that even by the English Laws the Letters Patens were void because there was no Inquisition taken before they were pass'd nor could there be any Inquisition till Tyrone were made Shire-ground That he was elected O Neal by the Country according to custom and that he is the legitimate Son and Heir of his Father and that his Title to all he claims is by Prescription The Deputy replied That the Matter was of great moment and that he doubted not but that the Queen would do what was right and just and therefore advised him to a quiet and loyal Deportment till her Majesties Pleasure were known and so they parted in a friendly manner and by this means Shane O Neal continued pretty quiet during this Deputy's Government but on the twenty seventh of August Thomas Earl of Sussex 1559.
to repeal Poyning's Act shall be certified into England until first it be agreed upon by a majority of the Parliament of Ireland IX That the rest of the Kingdom be divided into Shires X. That no Wool Flocks Flax Yarn Sheep-Skins Goat-Skins Calve-Skins or Deer-Skins unwrought nor Beef Tallow Wax or Butter shall be transported until it pay the Custom in the Act mentioned and the petty Duties to Coporations in the Act likewise mentioned on the Penalties therein contained provided Prosecution be made within nine Months after the Offence committed XI An Act for the Impost on Wines XII That the Earl of Kildare's Brother and Sisters be restored in Blood The Parliament was Adjourned to the twelfth of May and then they met and Enacted 1. That Schools be erected in the Shire-Town of every Diocess at the Costs of the whole Diocess by the direction of the Bishop and the Sheriff and the chief Governor shall nominate an English School-master and appoint his Salary whereof the Bishop shall pay one Third and the Clergy the other two Parts the Bishops of Armagh Dublin Meath and Kildare and their Successors shall name English School-Masters for their respective Diocesses 2. That all Exemplifications under the Great Seal and the Seals of the King's Bench Common Pleas and Exchequer subscribed by the Lord Chancellor both Chief Justices and Chief Baron shall be as effectual in all Courts as the Original Record but it must contain a Clause that all those Seals are to it 3. An Act about the Standard of Measures for Corn. 4. An Act impowering the chief Governour and Council to grant Patents to such of the Irish as the Queen shall direct And then the Parliament was Adjourn'd to the fifth of December 13 Eliz. At which Session the Earls of Thomond and Glencar who had reconciled themselves to the State were present and the Parliament made five Acts of no great importance recited in the Statute-Book from pag. 267. to pag. 279. But whilst the Lord Deputy and the Parliament were endeavouring the Prosperity and Peace of Ireland by enacting good and wholsom Laws others were as busie to countermine them and to put all into Disorder and Confusion for some of the looser sort of the Irish Lords were distasted to that degree at the loss of their Captainries and Irish Extortions as also at the Impost on Wine that they resolved by force to rescind those Laws or at least prevent the execution of them and so making Religion their Pretence they confederated together James Fitz-Morris was the Bell-weather of this Flock and the Ringleader of all this Mischief he added to the general Grievances the particular Injuries done to his own Family by the imprisonment of the Earl of Desmond and his Brother Sir John and he inveigled the Earl of Glencar by telling him That the Queen was to be married to the Earl of Leicester and that thereupon the Lord Deputy who married that Earl's Sister was to be King of Ireland and when the Earl of Glencar was once engaged Mac Donogh and many more of the Cartyes came in of course and Fitz Girald commonly called Seneschal of Imokilly was as forward in this Rebellion as any of them and although Sir Edmond Butler who was Seneschal to his brother the Earl of Ormond and consequently hated all the Family of Desmond and had formerly pretended to serve against James Fitz-Morris Yet partly because he did not dare to appear before Commissioners sent by the Lord Deputy to Kilkenny to examine and redress the grievous Complaints made against him and partly for Zeal to the Catholick Cause and Fondness of the Irish Usurpations he sacrificed his private Resentments to the publick Concern and joyned with the rest of the Rebels The Confederates being resolved to make something of this Rebellion if it were possible sent the Titular Bishops of Cashel and Emly Hooker 130. and the youngest Brother of the Earl of Desmond as their Ambassadors to the Pope and the King of Spain to implore Aid and Assistance to rescue their Religion and Country from the Tyranny and Oppression of Queen Elizabeth But the Lord Deputy was not idle but assoon as he had notice of this Confederacy he proclaimed them Traytors and ordered Sir Peter Carew Governor of Leighlin to begin the War which he did and being accompanied by the Captains Malby Gilbert Basnet and others he took Sir Edmund's Castle of Cloghgriman and gave the Spoil to the Soldiers and thence he marched to Kilkenny and upon intelligence that three thousand Men were within three Miles of that City Sir Peter Carew sent Henry Davels to discover them and being satisfied by him that they were not above two thousand he resolved to attack them Captain Gilbert and Davels and twelve more began the Charge which was well seconded by Carew Malby and Basnet and the Success was accordingly four hundred Gallowglasses being slain without the loss of any English Man Captain Malby's Servant only excepted Not long after James Fitz-Morris besieged Kilkenny but both Garrison and Citizens behaved themselves so well that Fitz-Morris was fain to execute his Malice on the Country-Villages and smaller Towns and those he did not spare particularly he robbed old Falco Quiverford of Galan who had been Servant to three Earls of Ormond of two thousand Pounds in Money Plate and Houshold-stuff besides Corn and Cattel Another Party went to the County of Wexford and at a Fair at Iniscorthy committed most vile Outrages ravishing Women and killing or imprisoning every body they met with nor did the Queens County and Ossory fare any better The Lord Power 's Estate and the whole County of Waterford were in the same condition and even the very County of Dublin had its share of Desolation But the Confederates finding no Effects of their former Ambassy sent new Messengers to the Pope and King of Spain and also sollicited Turlogh Lynogh to procure the Aid of the Scots and were so diligent that nothing was left undone that might tend to subvert the Government and clear the Country of all English Men and English Laws The Earl of Ormond then in England troubled at the Disloyalty of his Brethren offered his Service against them and undertook to reclaim them by Perswasion or Force and to that end he arrived at Wexford the fourteenth Day of August being the very Day of the aforesaid Fair at Iniscorthy I should have mentioned That Sir Warham Saint Leger was anno 1566 made President of Munster and now the Lord Deputy having notice that Sir Warham's Lady was in her Husband's absence much distressed at Cork and daily threatned by the Irish he resolved to march that way to relieve her and with six hundred Men only he set out from Kilkenny and came to Clonmel and thence he sent to Waterford for a few Citizens for three days to assist him in his Passage over the Mountains but that City obstinately insisted upon its Privileges and refused to send any Men however Mr. Wise
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
Three pence per Pound for other Goods due by Common Law But the Irish were very uneasie at the Plantation of Ulster and therefore it was necessary to countenance and protect it with an extraordinary Militia in that Province to support the Charge of which the King 1611. on the 22th day of May instituted the Order of Baronets which was to be Hereditary and not to exceed the number of Two hundred and every of them upon passing the Patent was to pay into the Exchequer as much Money as would maintain Thirty Men in Ulster for Three Years at Eight pence a day But if the Reader desires to know more of this Order I must refer him to Selden's Titles of Honour pag 822. and 909. and The Present State of England pag. 289. and Sir Richard Baker's Chronicle ad Annum 1611. But there had not been a Parliament in Ireland for Seven and twenty Years past since the Twenty seventh Year of Queen Elizabeth's Reign so that it was high time to call one now and the Ministers of State were at work to manage that Matter to the advantage of his Majesty and the English Protestant Interest in that Kingdom which they foresaw would be oppos'd with might and main by all those of the Popish Party and therefore they propos'd that an Order should issue for every Parliament-man to take the Oath of Supremacy and that the Lords should declare their Suffrages openly Content or Not content as in England and not rise and whisper in the Lord Chancellor's Ear as was the Custom in Ireland and that the King should find some Pretence to send for some few of those Noblemen that would most briskly oppose his Intentions as Henry the Eighth had formerly done and particularly that the Lord Courcy might not be suffered to sit in the House because his Ancestors were called by Writ and so his Honour being in Fee-simple did descend to Daughters who were Heirs-general of his Family and that the Lord Shrewsbury's Titles of Honour in Ireland were not * Contra adjudg'd 4. Inst cap. Ireland forfeited by the Act of Absentees and therefore he might have a Voice in that Parliament or make his Proxy and that for the Credit of the Business the Lord Deputy might be Ennobled before the Parliament sat But some of these were not practicable and the rest not thought fit to be done at that time But I must not forget to take notice of a necessary Office in those days tho now it be obsolete viz. the Interpreter to the State which was enjoy'd by Thomas Cahill with an Annual Sallary of 26 l. 6 s. 8 d. In September the Lord Deputy published a Proclamation of the intended Parliament and thereby invited the Subjects to exhibit their Grievances and to consider of Proposals for the Publick Good to be past into Acts and he also signified his Majesty's gracious Intentions to erect some new Corporations for the better Encouragement of the Plantation of Ulster And it seems that the Government was thenceforward imploy'd about the Plantation of Ulster and the Preparation of Bills to be past in the approaching Parliament and in erecting of some new Corporations viz. Belfast Charlemont Aâ—trim Bandon Cloghnikilty Tallow Newry Lifford Donegall Ballyshanon Tâ—â—am Eniskilling Traly Athy Bi r Kilmallock c. The Bills that were design'd to be made Acts of Parliament were 1. An Act to cut Paces and mend High-ways 2. To extinguish Uses and suppress fraudulent Conveyances 3. That Sale in Market overt should not alter Property of Stolen Goods 4. For the Enrolment of Deeds of Bargains and Sale and for Conveyance of Land 5. To try Accessories in Foreign Counties 6. To reduce Peremptory Challenges to Twenty 7. To enable Tenant in Tail to make Leases 8. To deprive some Criminals of Benefit of Clargy as in England 9. For making Linen Cloth sowing Hemp and Flax. 10. For Trial of Pyrates 11. To Re-edifie Cathedral Churches and to remove some of them to Gallway Dingle Carigfergus Newry Wexfoâ—d Cavan c. 12. To restrain Ecclesiastical Persons from Alienating c. 13. Against Pluralities Non-residence or Simony 14. Against Receivers and Harbourers of Jesuits Serminary Priests c. 15. And sending Children beyond Seas 16. Against Idle Holy-days 17. To expeâ— Monks Friarâ— Nuns c. 18. To give the King all Chantries and other Superstitious Uses 19. To establish the Compositions 20. For the Attainder of the Earls of Tyrone Tytconel and others 21. To revive and perpetâ—ate the Impost of Wines 22. To Naturalize Manufactures 23. To resume all Immunities to Corporations from Customs 24. That those Attainded of Treason in England shall forfeit their Estates in Ireland 25. An Act of Recognition 26. To abolish the Brehon Law and Tanistry and Irish Exactions 27. Artificers Apprentices to be Free-men in any Corporation 28. Against Idlers and Vagabonds 29. The Barony to answer the Stealth unless they can track it farther 30. That Bastards take the Name of the Mother and that it be Felony to lay it to any Man 31. No Man to keep a Woman as a Wiâ—â— and turn her away at pleasure on pain of One Years Imprisonment And if any Authorized Priest do divorce it to be Felony 32. Against Usury above Ten per Cent. 33. To impower Judges of Assiâ—â— to raise Taxes for Court-houses and Goals But in November 1612 1612. the Popish Lords dissatisfied with these Proceedings wrote a joynt Letter to the King complaining that the Bills to be passed in the next Parliament were not Communicated to them they also complained of the new Corporations and that the Oath of Supremacy was tendered to Magistrates and they insinuated the Danger of a general Revolt and concluded that if the Laws about Religion were repeal'd a firm and faithful Subjection would be established in their Minds and on the 17 th of May 1613. the Popish Lords did Petition the Lord Deputy to the effect aforesaid adding nevertheless some stubborn and unseemly Expressions and questioning the Kings Prerogative in erecting new Corporations or calling by Writ new Lords to Parliament and they affirmed some of the new Burroughs were unfit to be incorporated and they excepted against the Castle of Dublin for the place of Session and the rather because the Ammunition being there they might be in Danger of being blown up and they were troubled at the Lord Deputies Guard as that which they said was design'd to keep them in Awe and terrifie them into Compliance But these were but vain Pretences Lib. C. for they well enough knew that the Guard was but 100 Men as was usual and Customary and that it was impossible to blow up the Papists but that the Protestants also and perhaps the City of Dublin must have likewise been destroy'd on the contrary the Papists were so far from being afraid that they were very tumultuous and came to Dublin in vast numbers to frighten the Government The Lord Gormanstowne was amongst the most Seditious and unruly
he was one of the forwardest in disturbing the Lord Deputy with importunate and impertinent Petitions and refused to carry the Sword before him to Church he had formerly mis-behaved himself before the Lord Duputy at the time of the Gun-powder-Treason and he quarrelled with the Lord Barry in the Deputies Presence and the Lord Roch Delvin Trimletsowne and Slane were not less troublesome Sir Walter Butler Girald Nugent Sir Thomas Burk John Moore Richard Wadding and Boetius Clancy had their share in these Seditions and Thomas Lutterell had the Confidence to make Comparisons with the Earl of Thomond even in the Lord Deputies Presence But it will be pertinent to our Design O Sullivan 237. and not unpleasant to the Reader to hear O Sullivan give an Account of this Parliament which he says was observable for the Cruelty of the Protestants and the Civil resistance of the Catholicks And first he tells you That when the Senate meddles with Religion it becomes a wicked Conventicle rather then a Parliament that the Old Irish Grandees had Hereditary Voices in Parliament long before the English Conquest but are now denied them unless they have English Titles which alone makes the English Parliament in Ireland void since the principal Members are excluded The Catholick Bishops are serv'd in the same manner and the Heretical Usurpers of their Sees and Titles vote in Parliament in their stead The Protestants thought the Advancement of those Laws which they had made against Christ in England to be the readiest way of suppressing the Catholick Religion in Ireland if they could get them Enacted here but knowing the Catholicks would be most numerous in Parliament they us'd all imaginable Artifices of force and fraud to get Protestants unduly return'd they Elected their new Colonies into Burroughs and Counties to encrease the number of Heretical Parliament men they made small Villages into Corporations and made Porters Barbers and Strangers Burgesses for those Corporations and caused four Ministers to represent the Clergy of every Diocess nevertheless many Irish Gentry were chosen whom the People Men Women and Children desir'd to take Care of Religion assuring them That all should be void that should be Enacted against the Catholick Faith and when the day came most of the Irish Gentry thô not Parliament men came to Dublin that they might be ready there upon the place where their highest Concern viz. Religion was to be debated least perhaps any thing should happen contrary to Expectation The Catholicks were troubled because they could not find out what was to to be treated of in Parliament till at length they got sight of a Bill to expel the Catholick Clergy and the Titles of eleven Bills more viz. 1. For the building a convenient Prison for Noble Men in the Castle of Dublin 2. For disarming Idlers 3. About O Murroughs Lands 4. Against Marriage between Irish and Scots I suppose says he for fear they should joyn against the English 5. For banishing Hamilton and Wart if they refuse the Oath of Supremacy 6. That the Sallaries be continued to the new Pensioners tho' they refuse the Oath 7. For the distribution of the Money forfeited by Recusants 8. That the Children of Noble Men be sent into England 9. That stubborn Corporations shall loose their Franchises 10. The Recusants shall pay two Shillings a Sunday 11. For the more Cautious issuing of Excommunications for before that Sullivan 241. English would kill an Excommunicated Catholick says he But the Cathalicks resolving to resist even to Death thought of two ways First To hinder the meeting of the Parliament if possible and Secondly If it met not to receive or admit of the Heretick Parliament men because not Inhabitants in the Towns that chose them And with this Design they went to Dublin where all the Catholick Clergy also went to encourage the Gentry in this Holy Resolution On 18th May 1619. Caecos diaboli ministros The Parliament met at the Castle of Dublin and first the Lord Botevant carried the Sword before the Deputy to Church to hear the blind Ministers of the Devil and that being over when they came to the Castle the Guard disarmed the Nobility and Gentry as they entered but some resisted and did not part with their Arms and others that did â—ad other Arms secretly about them No sooner they State but the Soldiers were drawn into a Body in the Yard to terrifie the Catholick Members who in the upper House were less in number then the Protestants however resolv'd rather to dye which they expected then to forsake the Catholick Religion but if they had died for it The Gentlemen and Citizens then in Dublin assembled from all parts of the Kingdom had certainly reveng'd their Deaths and now the Eyes even of the English Irish were open and they cursing their former Folly in helping the Heretick would have repair'd it by a hearly Conjunction with the Old Irish now 〈◊〉 And afterwards he says That when the Papists refus'd to sit in the Parliament the Deputy did not dare to proceed without them not did he dare to force them because the Papists had many Friends in Town ready armed and the Deputy feared a General defection if he had proceeded my farther and then he says the SOUNDER part of the Clergy always oppos'd the Attaindâ—re of O Neal O Donell c. And the Archbishop of Tuam wrote a notable Letter against it but the worser part of the Clergy he means those of English Extraction perswaded the Popish Members to Consent to that Act but it is time to leave this whilsting Fellow and return to the true History of this Affair The Lord Deputy having Notice that several Papists that were not duly chosen Lib. C. nor return'd Members of Parliament did nevertheless intend to intrude into the House did on the 17th day of May being the last day of the Term cause Proclamation to be made in the four Courts that all those who knew themselves to be duly Elected Parliament then should attend the Lord Deputy and Council at Three a Clock that Afternoon at the Castle and accordingly most of them came Whereupon the Lord Deputy and Council sitting in the open Court of the Castle caused the Chancery Clerk of the Crown to call over the Names of those that were returned to serve in the approaching Parliament and that being done they caused Proclamation to be made that no Body should presume to come into the Parliament House but such as were return'd as aforesaid And 〈◊〉 on the next day 1613. being the 18th day of May the Parliament met and the Lords House was supplyed by the Earls of Kildare Ormond Thomâ—â—â— and Clanrickâ—â—dâ— and Viscounts of Buttevant Formâ—â— Gormanstoâ—â—â—â— Mountgarrets and Tullagh and the Barons of Athenry Kingsale Kerry Slane Killeen Delvin Dunboyn Houth Triâ—â—etsowne Poer Cahir Dunsany Louth Uppâ—r Ossery Castle Connel and 〈◊〉 Besides Twenty five of Protestantâ— Archbishops and Bishops that were present and the
matter of Parliament you have carried your selves tumultuarily and undutifully and that your Proceedings have been rude disorderly and inexcusable and worthy of severe Punishment which by reason of your Submission I do forbear but not remit till I see your dutiful Carriage in this Parliament where by your Obedience to the Deputy and State and your future good Behaviour you may redeem your by-past miscarriage and then you may deserve not only Pardon but Favour and Cherishing Hereupon they were all dismist and the Lord Deputy having O Dogharty's Estate in Inisowen given to him by the King for his good Service was sent back with Directions to hold the Parliament and so on the 27th of July 1614. Sir ARTHUR CHICHESTER Lord Deputy to Ireland and held the Parliament on the 11th day of October to which day it had been Prorogued and now were the Recusants at a stand for some invention or other to delay the Proceedings of this Parliament but could not find any other then a very simple Pretence That the Lord of Slane ought to take place of the Lord of Kerry and hereupon great Contests did arise and tho' it was formally determin'd on the 11th of November 1614. by the Lord Deputy and Council by Virtue of a special Commission yet the Lord of Slane being egged on by others of the discontented Lords desir'd are hearing which was granted and on the 18th of the same Month there was a second Debate which produced the Confirmation of the former Seâ—â—â—nce in favour of the Lord of Kerry but notwithstanding that the Lord of Slane being perswaded by the Lord of Delvin and some others of the Pale continued obstinate and refused to Sit in the House unless he might have his right place but at length being charged upon his Allegiante to appear in the House he did submit tho very unwillingly The Arguments urg'd by the Baron of Slane were 1. That his Predecessors were from the time of Henry the Second styled Barons of Slane 2. That in all Records they are named before the Lords of Kerry and particularly in a Record in the time of Edward the Second 3. That the Lord of Gormanstown had precedence of the Lord of Kerry at the Parliament 48 Edw. 3. and the Lord of Slane took place of him 4. The Lords of Kerry from 50 Edw. 3 to 1. Henry the Seventh never served the Crown nor held any Correspondence with the Government and therefore forfeited their Dignity 5. That the Lord of Kerry was indicted of Rebellion 42 Elizabeth and pleaded his Pardon last Term so that his Call to the Parliament is quasi a new Creation The Lord of Kerry answered to the first That Hussy Fippo and others that held per baroniam of the Palatines or Lords of Leinster were styled Barons of Galtrim Skrine and Bergy yet were not really Lord Barons because they did not hold their Lands immediately from the King To the Second That it is false and that there was no Regular Parliament in Ireland till 12. Edw. 3 Ergo No Lord of Parliament till that time That the Lord of Kerry was there and so was not the Lord of Slane besides the Lord Slane held his Barony of a Subject Bartholomew Burghese one of the Heirs General of Hugh de Lacy whereas the Lord of Kerry held his Barony of the King in Capite To the third it is denied that the Lord of Gormanstown was at that Parliament of 48 Edw. 3. To the fourth That it is false and is objected because the Records of those times are lost but if true makes nothing in this Case and it is notorious that in the Parliament 33. Hen. 8. and 3. and 4. Philip and Mary the Lord of Kerry had his right place To the fifth that the Lord of Kerry was not Attainted but being impeach'd was Pardoned and so he forfeited nothing and if he had not an ancient Right to Sit in the Parliament the Lord Deputy could not Summon him a new having received no Orders from the King to do so But that which was most remarkable in this Tryal was That one Velden came in and depos'd that on St. George's day 1594 in the Cavalcade at Killkenny the Lord Slane had Precedence of the Lord of Kerry and his Horse was accordingly led before the others Horse but this 〈◊〉 Witness was contradicted by the Lord Chancellor the Earl of Thomond the Lord Dunboyn and the Marshall all which affirmed that they were then at Killkenny which Velden Confess'd and they protested that the Lord of Kerry was not there at all And so the next Year viz. in January 1615. the Earls of Suffolk Paenox Lib. G. Worcester and Pembrooke who by Commission excented the Marshals Office in England did confirm the Sentence in Ireland and by their Letter to the Lord Justices determin'd the Lord of Kerryes Claim to be just This rub being removed the Parliament proceeded to business and notwithstanding the insolence of the Popish Lawyers in the House of Commons and all the Obstructions they could give these following Bills were at last passed into Acts viz. 1. An Act of Recognition reciting that Ireland which before his Majesties Access to the Crown had been subject to 〈◊〉 Rebellions Rapines and Oppressions was by his Majesties gracious Government 〈◊〉 to better Order and that he has establish'd his Government in the Hearts of his People by the General Proclamation of 〈◊〉 and 〈◊〉 Actions for Trespassis done in the War between Subject and Subject at his first coming by his special Charters of Pardon by Name freely granted to many Thousands by remitting many great Debts 〈◊〉 of â—ent and Forfeitures and by strengthning defective Titles and re-granting the Lands to them on Surrenders by erecting Court-houses and enlarging the number of the judges and by 〈◊〉 a Civil Plantation in the forfeited Paris of Ulster formerly the Neâ—â— of Rebellion to the great Security of the Commonwealth 2. An Act that all Crimes committed 〈◊〉 the Sea or within the Jurisdiction of the Admirally shall be Tried in any County according to the Rules of the Common Law by Commission to the Admiral or his Deputy and Three or Four more or any Four of them 3. An Act for taking away Benefit of Clergy in certain Cases 4. An Act for the Attainder of the Earls of Tyrone and Tyrconell Sir Cahir O 〈◊〉 and several others 5. An Act to Repeal some former Acts prohibiting Trade or Commerce with the 〈◊〉 Enemies or to Marry or Foster with them and commanding to seise them as 〈◊〉 6. An Act of Repeal of a former Statute against bringing in retaining or marrying with Scots 7. An Act for Repairing and Mending Highways and Cawseys c. 8. An Act for avoiding Private and Secret 〈◊〉 9. An Act of Obliviâ—â— and General Pardon 10. An Act for One Subsidy Analact Hib. lib. 2. Which amounted to no more than 26042 l. and yet the Irish complain'd of it as a heavy Tax tho' they did not pay
the Eighteenth of May there was an Order of Reference to him in the Controversie between the City of Dublin and the Merchants-Strangers from whom that City demanded Three pence per Pound Custom And on the Eighteenth of July he got an Order to the Lord Willâ—ot 〈…〉 General of the Army in Ireland to surrender that Office to him He had also the King's Letter of the Sixteenth of October to the Lords Justices That the Port-â—orn and Tithes belonging to the Chief Governor should be given to his Servants And he also obtain'd his Majesty's Commission of the Seventeenth of October to levy what Forces he should think fit or find necessary and an Order of the same Date to be paid the Charge of such Journeys and Progresses as he should think fit to make And Matters being thus fitted to his mind THOMAS Viscount WENTWORTH was on the Twenty fifth day of July sworn Lord Deputy 1633. to whom the Bishop of Kilmore and two other Bishops and the Inhabitants of the County of Cavan sent a Petition Bishop Bedel's Life containing some Complaints against the Army and some Proposals for the Regulation of it which was very ill resented at that time and interpreted to be a Mutinous and Insolent Attempt and brought the Bishop of Kilmore who was supposed the Author and Promoter of it under his Excellency's Displeasure until that Prelate afterwards explain'd himself averring That he did not intend by lessening or discountenancing the Army to expose with the Publick Peace his own Neck to the Skeins of the Romish Cut-throats But the Contribution or Tax of 20000 l. per Annum to which the Country had consented for two Years was now almost expired so that it was necessary to call a Parliament wich met the Fourteenth day of July 1634. 1634. at Dublin and granted Six entire Subsidies but not without the opposition of some Papists one of which moved That the Matter concerning the Subsidies might be put off to another time and then be again considered of This Parliament also passed an Act for the Confirmation of Patents afterwards to be past on the * Dated 29 June 1634. Commission of Defective Titles and then was Prorogued to the Fourth day of November following At the same time there was also a Convocation of the Clergy and preparatory to it the Precedency of the Archbishop of Armagh before the Archbishop of Dublin was determin'd and setled by his Majesty's definitive Sentence And this Convocation to manifest their Agreement with the Church of England did receive the Thirty Nine â—â—â—â—cles of that Church into the Confession of Faith of the Church 〈◊〉 Ireland nevertheless without aâ—rogating any of the Canons of the Convocation held Anno 1615. And a New Book of Canons for the most part agreeing with that of England was then compiled for the better Government of the Church of Ireland By vertue of these Six Subsidies which amounted to above 240000 l. and were payable Half-yearly the Lord Deputy was enabled to pay a Debt of 80000 l. due from the Crown and to support the Charge of the Kingdom without any Supply of Money from England This Lord Deputy had formerly obtain'd his Majesty's Order of the Sixteenth of January 1633. for the free transportation of so many Horses and Mares out of England as he the Lord Deputy should give Licence for by which means he changed Five hundred Foot of the Army for Six hundred Horse which were extraordinary good ones his own Stables exceeding that of any former Governors And indeed generally the whole Army was neither so well paid nor so well disciplin'd in any other time as it was in his On the Twenty fourth of September 1634. the King reciting That King James had by his Commission of the Tenth of August 1603. renewed or revived the Court of Castle-chamber as himself likewise had done by his Commission of 5 October 1625. and that now some Disputes are arisen whether that Court can sit out of Term or more than twice a Week His Majesty Orders That it it may sit when and as often as the Commissioners please and that a new Commission issue to that Purpose And about this time Emerus Mac Mahon afterwards Titular Bishop of Clogher discovered to Sir George Ratcliff a Plot for a general Insurrection in Ireland and Confess'd that himself had been imploy'd for some years in foreign Courts to solicite Aid to carry on a Rebellion which it seems they thought fit to adjourn to a more proper Season But on the 14th of November the Parliament met according to the Prorogation and sate till the 14th of December and were then Prorogu'd to the 26th of January from which time they sate till the 21st day of March and then it was again Prorogu'd to the 24th day of the same Month and sate from thence to its Dissolution which was on the 18th day of April 1635. I need not mention the Acts made in these several Sessions of Parliament because they are many and are to be found at large in the Printed Book of Statutes it is enough to say That they cull'd out all the choice Statutes that were made in England since the 20th of Henry the 8th that were proper for the Kingdom of Ireland and added to them some good new Laws that were peculiar to that Countrey The Parliament being thus ended and closed with an Act of Indemnity the Lord Deputy and Council made a Progress into Conaught to inquire into his Majesties Title to several Lands in that Province and on the 11th of July at Abby-boyle to still the Jealousies and Alarms the People were under at this great Inquisition they published an Act of Council 1635. That it was not his Majesties intention to take any thing from his People that was justly theirs and therefore that those who had effectual Letters Patents should have the full benefit of them as if they were found Verbatim in the great Office then to be taken provided the Patents or the Enrolment thereof were shewn to the Council-board before Easter Term next and by it approved to be good and effectual in Law and the like was done in other Counties of Conaught and so this great Inquisition which was one of the Spring-heads and Fountains of the succeeding Rebellion was with great Diligence and Success carried on and effected and the Kings Title was found to most part of that Province and a noble English Plantation was design'd Whereupon the Patentees and particularly the Lord Dillon of Costilo produced their Patents to the Council-board and it appearing those Patents were Granted by Virtue of a Commission 4 Jac. 1. wherein there was no direction about the Tenure it grew to be a Question whether the Patents to hold by Knights Service as of the Castle of Dublin were warranted by that Commission or valid in Law and after much debate it was solemnly adjudg'd That those Patents were void And this Case is well known to the Lawyers by the
and Oliver Castells 1. That the Nobility wer over-taxed in the Subsidies 2. And were kept Close Prisoners tho' not Impeach'd of any Capital Crime 3. And could not get Licence to absent unless they leave their Proxy with one of the Chief Governors naming 4. That some have Titles of Honour that have no Lands in the Kingdom 5. That the Nobility were stop from going to Petition the King 6. That Trade is decayed by Illegal Taxes as Twelve pence apiece on Hides 7. That Causes are arbitrarily decided at Council-board and in other improper Judicatories 8. That Paâ—ents are made void extrajudicially on private Opinions 9. The Monopolies of Tobacco Starch Sope Glass Tobacco-pipes c. 10. The Procedings of the High-Commission 11. The exorbitant Fees and pretended Customs exacted by the Clergy 12. The Proclamation against buying Gunpowder but out of the Store and restraining Hunting within Seven Miles of Dublin 13. That the Parliament in its Members and Actions hath not had its natural Freedom 14. That the Subject is denied the Benefit of the Act of Limitation 15. The taking excessive Fees 16. The Seizing of Linen Yarn and Cloth for not being exact according to Rule 17. The Oppressions of Officers And in this Parliament on the Fourth of March Captain Audley Mervin brought up an Impeachment of High-Treason from the Commons to the Lords against Sir Richard Bolton Lord Chancellor John Lord Bishop of Derry Sir Gerrard Lowther Lord Chief Justice of the Common-Pleas and Sir George Ratcliff and made an eloquent Speech on that Occasion The Charge consisting of Three Articles was General for subverting the Laws and introducing Arbittary Government by extrajudicial and unjust Decrees for inflicting infamous Punishments by Pillory c. on Persons of Reputation and subverting the Rights of Parliament But it seems there was a Dispute raised Whether the House of Lords in Ireland had Power of Judicature in Capital Cases Whereupon Captain Audley Mervin made a most excellent Speech in the Lords House in Parliament 24 May 1641. And afterwards he Impeached Sir George Ratcliff then in the Gate-house Westminster in the Parliament of England of the aforesaid Articles and adds That he joyned with the Earl of Strafford in taking out Eighty thousand Pounds out of the Exchequer to buy Tobacco and that he countenanced Papists to build Monasteries c. On the Sixteenth of March 1640. Secretary Vane sent the Lords Justices the following Letter by His Majesty's Command Right Honorable HIS Majesty hath commanded me to acquaint your Lordships with an Advice given him from abroad and confirm'd by His Ministers in Spain and elsewhere which in this distemper'd Time and Conjuncture of Affairs deserves to be seriously considered and an especial Care and Watchfulness to be had therein Which is That of late there have passed from Spain and the like may well have been from other Parts an unspeakable number of Irish Churchmen for England and Ireland and some good old Soldiers under pretext of asking leave to raise Men for the King of Spain whereas it is observed among the Irish Fryars * * In Spain there a Whisper runs as if they expected a Rebellion in Ireland and particularly in Connaught Wherefore His Majesty thought fit to give your Lordships this notice that in your Wisdoms you might manage the same with that dexterity and secrefie as to discover and prevent so pernicious a Design if any such there should be and to have a watchful Eye on the Proceedings and Actions of those who come thither from abroad on what pretext soever And so herewith I rest Your Lordships most humble Servant HENRY VANE In the mean time the Earl of Strafford came to his Tryal in England and it was the most Solemn that ever was in that Kingdom and at length he was Attainted by Act of Parliament and accordingly beheaded on the 12th day of May 1641. and the Earl of Leicester was the same day appointed Lord Lieutenant of Ireland in his stead His Tryal is excellently wrote at large by Mr. Rushworth to which I must refer the curious Reader but because every Man has not that Book by him I have Cursorily extracted so much of it only as I thought pertinent to his History wherein if I have not been very exact it was because the Inquisitive may easily inform themselves as well as I by having recourse to the Original which I had not leisure to examine more carefully than I have done The Third Article which is the First relating to Ireland is that he should say That Ireland was a conquer'd Nation and that the King might do with them what he pleased and that the Charters of the Corporations were worth nothing and did bind the King no farther than he pleased To which the Earl Answers That he never spoke those words and that the Scope and Intent of what he did say was to ingratiate his Majesties Government to the People and that his words were well accepted at that time however they come to be resented now That the Charters of Dublin were Anno 1634. brought before the Council and still are in the hands of the Clerk of the Council because besides other Abuses the Papists of that City engrossed all the Trade and denied Liberty to such as came out of England to set up there which he hath so far remedied as that there are Three Englishmen now in Dublin for One that was there when he came to the Government and the Charters are not Condemned but enjoyed to this day so that he aim'd at a Reformation in favour of the English but did not design the Destruction of the Charters The Fourth Article was That the Earl of Cork having begun a Suit at Law to recover a Possession he had lost by Colour of an Order from the Lord Deputy and Council the Lord Deputy threatned to imprison him unless he would surcease his Suit saying That he would have neither Law nor Lawyers dispute or question his Orders and that he said upon another the like Occasion That he would make the Earl of Cork and all Ireland know that so long as he had the Government there any Act of State there made or to be made should be as binding to the Subjects of that Kingdom as an Act of Parliament and that he question'd that Earl in the Castle-Chamber upon Pretence of a Breach of an Order of Council-Table To this the Earl of Strafford answered That the Council-Table was a Court of Record in Ireland wherein they proceeded formally by Bill Answer Examination of Witnesses c. and therefore the Orders of it are binding and ought to be obey'd he denies he compar'd it to a Parliament and denies that the Earl of Cork was prosecuted for disobedience of an Order of Council only The Fifth Article was That in time of Peace 12th of December 1635. he did give and procure to be given Sentence of Death against the Lord Mountnorris at a Council of War for saying of an Accidental
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
thousand did again besiege it and tho' Captain Vaughan with One hundred Foot and Fifty Horse did kill Forty of the Enemy and raise the Siege yet the Place being so remote could not at all times be relieved and therefore by Order of Council was demolished But the Parliament of England were desirous to manage the War of Ireland by a Committee at least till the Lord Lieutenant should go over but the King opposed that as needless because the Lord Lieutenant was just then ready for the Voyage But whether it was thought that he would not be propitious to the Cessation and Peace with the Irish which were then in design or for what other Reasons he was delay'd it is hard to determine but this is certain That tho' he was always going yet he never went And indeed the Differences between the King and the Parliament were grown to that heighth that each Side prepared for War and at length it came to a Battel at Edge-hill that very day Twelve-month on which the Irish Rebellion broke out viz. 23 October 1642. And in this Fight the Loss seem'd equal and each Party boasted of the Victory whilst both of them were thereby hindred from sending necessary Relief to Ireland and so the unfortunate English suffered every where and were destroy'd by one another in the Civil War in England and by the Common Enemy in that of Ireland However the Parliament did not totally neglect Ireland but on the Fourteenth of October sent over Mr. Robert Godwin and Mr. Robert Reynolds Husbands's Collections 2 part 249. Two Parliament-men and one Captain Tucker from the City of London to inquire into the Condition of the Army and the State of the Kingdom and to see how their Money was disposed of They brought with them Twenty thousand Pounds in Money and some Ammunition and arrived safe on the Twenty ninth of October and on the Second of November presented themselves to the State and being received with Respect were placed on a Form behind the Council and sate covered They did good Service in Ireland and particularly gave great satisfaction to the Army that Care was taken for Pay and Supplies They also made a Book which contained a Subscription of most of the Officers in the Army to take Debentures on the Forfeited Lands for a certain Proportion of their Pay as believing they would fight the better and end the War the sooner if they were interested in the Fruits of the Victory as well as in the Quarrel But the King disliked that Course because it might take up so much of the Rebels Lands that would hinder all Hopes of a peace with them which His Majesty began to have some Hopes of and therefore several Officers well enough inclined to the Proposal omitted to subscribe and some that had subscribed desired to retract So that at length these Commissioners were so sharply threatned that they delivered up the Book to be cancelled Nevertheless they promoted the March of the Army to enlarge their Quarters which afterwards produced the Battel of Ross but some of the Cavalier-party looking upon these Commissioners as Spies procured a Reprimand to the Lords Justices for suffering them to sit covered in the Council-chamber and the King 's positive Orders for their Return which was performed the Twenty seventh of February to the very great prejudice of the Affairs of Ireland and to the great disgust of the Parliament of England In the mean time the Irish under their General Preston had besieged Ballynakill and Colonel Monk with Six hundred Foot and Two Troops of Horse was sent to relieve it He marched out of Dublin the Fifth day of December and upon his approach the Enemy withdrew from the Siege and politickly marched to a Place of Advantage between the English Army and Dublin Battel of Tymachoo to intercept them in their Return But the Rebels had not so much Courage as Cunning for tho' they were Fourteen hundred Foot and Three hundred Horse yet upon the loss of about Threescore that were slain upon the first Volley they basely ran away and left the Road open for Monk to march to Dublin In like manner Sir Richard Greenvill with Two hundred Horse and One thousand Foot on the Twentieth of January marched to raise the Siege of Athloan and carry Supplies to that Garison both which he effected but in his Return he was encountred by Three thousand four hundred Foot Battel of Raconell and Six Troops of Horse at Raconell in a place of great disadvantage to him Nevertheless he had the good fortune to defeat the Rebels with the slaughter of Two hundred and fifty of their Men and to take the General Preston's eldest Son and some other Prisoners But that which rendred this Victory the more valuable was an ancient Prophecy That whoever won the Battel of Raconell should gain all Ireland therefore this Victory troubled and discouraged the Superstitious Irish exceedingly But we must return to the Lords Justices who in November 1642. transmitted to His Majesty a Petition from the Confederates by the Name of The Roman Catholicks of Ireland desiring His Majesty to appoint Commissioners to hear their Grievances And accordingly a Commission was brought over by Thomas Burk one of the first Rebels and by him confidently delivered at the Council-Board to the admiration of the State It impowered the Marquis of Ormond the Earls of Clanrickard and Roscomon Sir Maurice Eustace and others to hear and report their Complaints and in order to it the Three last went to Trim where the Lord Gormanstown Sir Lucas Dillon Sir Robert Talbot and John Walsh the Confederates Agents on the Seventeenth of March 1642. presented a Remonstrance of Grievances which one truly calls an Infamous Pamphlet and contains so much false Reasoning and Arguments ex post facto and downright Untruths as clearly manifests That the Irish first resolved to rebel and then set their Lawyers and Divines on work to fish for Arguments to justifie or at least excuse it But there was an Answer printed 1644. entitled An Answer to the false and scandalous Remonstrance of the inhuman and bloody Rebels of Ireland which sufficiently confuted all their vain Pretences and both of them being essentially necessary to this History are in substance added Appendix 5 6. But this Remonstrance met with better Fortune in the Irish Parliament which sat the Ninth of April for the English were then unluckily dividing into the Factions of Protestant and Puritan and some of the former very unwisely to back their Arguments against that Remonstrance compared it with the Scots Covenant which engendred such Heats in the House that the Parliament was prorogued to the Sixth of May 1643. However the Protestant Army did not neglect to sollicit their Affairs in England but by their Agents Sir James Mongomery Sir Hardress Waller Colonel Hill and Colonel Mervin they Addressed first to the Parliament to whom the King had committed the Care of Ireland and afterwards
the Siege and sail'd up the Shanon and took the Castle of Glin and afterwards sailed round to Kinsale where he landed his Regiment as hath been already mentioned But notwithstanding the Disasters the Irish met with yet being very numerous in this Province they did easily recruit and the English tho' Victorious yet wanted Necessaries to keep the Field so that in Winter the Irish returned again to Athloan and kept the Castle block'd up until Sir Richard Greenvill did Relieve it as hath been already related And as to Ulster a Party of Scots came thither in the beginning of April and had Carrigfergus delivered up to them according to Articles and afterwards had Colraine and the Countrey thereabouts for their Quarters and 〈◊〉 the Twenty seventh of April a Party of them drew out to Malone and the next day were joyned with 1000 Foot three Troops of Horse and two of Dragoons by the Lord Conway and Colonel Chichester and having sent one Ship to Colraine and Derry and another to Carlingford with Supplies they came the Twenty ninth to Lisnegarvy where they met 800 Foot and two Troops of the Lords Claneboys and Ards and then dividing into two Parties Monroe with 1600 Foot five Troops of Horse and three of Dragoons marched to Killvarlin and forced a Pass which the Lord of Evagh kept with 2500 Foot and 60 Horse and having in that Encounter slain 150 of the Rebels the whole Army afterwards united and passed at that place and came to Loghbricklane on the Thirtieth of April and took the Island and killed 60 desperate Rebels that were in it and on the Third of May they took the Newry and hanged 60 Rebels there And on the Sixth of May they marched to Armagh but the Irish having notice of their Approach burned the Town not sparing the Cathedral Church and murdered a vast number of Protestants some say 5000 which they had in their Power whereupon the Scots returned to Carrigfergus on the Twelfth of May and carried with them a very considerable Booty of Cattle And tho' the Scots complain'd that they wanted Bread exceedingly yet in June they made a shift to make another Excursion and being joyn'd with Sir John Clotworthy they made up together 3450 Foot four Troops of Horse and one of Dragoons and scoured the whole County of Antrim so that the Marquess of that name who as Monroe writes did wheedle them with good words but secretly did them all the Mischief he could was forced upon their Summons to surrender his Person and his strong Castle of Dunluce and then the Scots marched towards Charlemont by the way of Armagh as Clotworthy did by the way of Toome through the Barony of Loghinsolin and in both places they found the Irish under so great a Famine that they eat their own Dead however they returned re infecta perhaps for want of Victuals But much better Success had Sir William and Sir Robert Stewart Battle of Rapho and the Lagan Forces who in June obtain'd a glorious Victory over the Irish at Glanmackwin not far from Rapho with the Slaughter of near Two hundred of the Enemy And it seems that by vertue of a * It is at large Dugdale's View 913. Treaty in England on the Sixth of August Ceneral Lesly came over with the rest of the Scotch Forces which were to be Ten thousand Men in all and perhaps were so by the Muster but were not near that Number by the Poll so that the Lord Conway was forc'd to joyn with him to oppose Owen Roe who was then come to Ireland and therefore he could not comply with the Invitation of the State to bring Three thousand Foot to their Assistance to Dublin But the Reader will not think it tedious to have a Description of a Naval Battel in Ireland which hapned in this manner Sir John Clotworthy's Regiment built a Fort at Toom and thereby got a Convenience to pass the Ban at pleasure and to make Incursions as often as he pleas'd into the County of Londonderry To revenge this the Irish Garison at Charlemont built some Boats with which they sailed down the Black-water into Loghneagh and preyed and plundered all the Borders thereof Hereupon those at Antrim built a Boat of Twenty Tun and furnish'd it with Six Brass Guns and they also got Six or Seven lesser Boats and in them all they stowed Three hundred Men under the Command of Lieutenant-Colonel Owen O Conally the Discoverer of the Rebellion who was a stout and active Man and Captain Langford These sailed over the Logh and Landed at the Mouth of the Black-water where they cast up Two small Forts and return'd But the Irish found Means to pass by these Forts in dark Nights and not only continued their former manner of Plundring but also raised a small Fort at Clanbrazill to protect their Fleet upon any Emergency Upon notice of this Conally and Langford Mann'd out their Navy again and met the Irish near the Shore of Clanbrazill whereupon a Naval Battel ensued But the Rebels being Fresh-water Soldiers were soon forced on Shore and the Victors pursuing their Fortune followed them to the Fort and forc'd them to surrender it And in this Expedition Sixty Rebels were slain and as many were taken Prisoners which together with the Boats were brought in Triumph to Antrim But we must cast our Eyes on England where we shall find that on the Eighth day of April His Majesty sent the Parliament the following Message Husbands â—33 viz. That His Majesty being grieved at the very Soul for the Calamities of His Good Subjects of Ireland and being most tenderly sensible of the false and scandalous Reports dispersed amongst the People concerning the Rebellion there which not only wounds His Majesty in Honour but likewise greatly retards the Reducing of that unhappy Kingdom and multiples the Distractions at home by weakning the mutual Confidence betwixt Him and His People Out of His Pious Zeal to the Honor of Almighty God in Establishing the True Protestant Profession in that Kingdom and His Princely Care for the Good of all His Dominions hath firmly resolved with all convenient speed to go into Ireland to chastize those wicked and detestable Rebels odious to God and all good Men thereby so to settle the Peace of that Kingdom and the Security of This that the very Name of Fears and Jealousies may be no more heard of amongst us And as His Majesty doubts not but that His Parliament will chearfully give all possible Assistance to this good Work so He requires them and all His Loving Subjects to believe That he shall upon those Considerations as earnestly pursue this Design not declining any Hazard of His Person in performing that Duty which he oweth to the Defence of God's True Religion and His Distressed Subjects as for these and only these Ends he undertakes it To the Sincerity of whiâ—â— Profession He calls God to Witness with this further Assurance That Hâ—â— Majesty will never
Professing our Resolutions are with all real Service to the utmost of our Power to manifest the sincerity of our Acknowledgment and Affections unto you and to perpetuate to Posterity the Memory of your Excellencies Merits and our Thankfulness We have appointed this Instrument to be entred into both Houses and under the Hands of both Speakers to be Presented to your Lordship 17th die Martii 1676. Intr. per Vaâ— Savage Dep. Cler. Parl. Rich. Bolton Canc. Maurice Eustace Speaker Int. 17th die Martii 1676. per Philip Fernely Cler. Dom. Com. To which his Excellency returned the following Answer My Lords and Gentlemen VVHAT you have now Read and Deliver'd hath much surprized me and contains matter of higher Obligation laid upon me by you than thus suddenly to be answered yet I may not suffer you to depart hence without saying somewhat to you And first I assure you that this Acknowledgment of yours is unto me a Jewel of very great Value which I shall lay up amongst my choicest Treasures it being not only a full Confutation of those Calumnies that have been cast upon my Actions during the time I have had the Honour to serve His Majesty here but likewise an Antidote against the Virulency and Poison of those Tongues and Pens that I am well assur'd will be busily set on Work to traduce and blast the Integrity of my present Proceedings for your Preservation And now my Lords and Gentlemen since this may perhaps be the last time that I shall have the Honour to speak to you from this Place and since that next to the words of a dying Man those of one ready to banish himself from his Country for the good of it Challenge Credit give me leave before God and you here to protest that in all the time I had the Honour to serve the King my Master I never received any Command from him but such as spake him a Wise Pious Protestant Prince zealous of the Religion he professeth the Welfare of his Subjects and industrious to promote and settle Peace and Tranquillity in all his Kingdoms and I shall beseech you to look no otherwise upon me than upon a ready Instrument set on Work by the Kings Wisdom and Goodness for your Preservation wherein if I have discharged my Self to his Approbation and yours it will be the greatest Satisfaction and Comfort I shall take with me where-ever it shall please God to direct my Steps And now that I may dismiss you I beseech God long to preserve my Gracious Master and to restore Peace and Rest to this aifflcted Church and Kingdom But it is necessary to cast an Eye upon the rest of the Provinces and first on Munster where we shall find that the Castle of Bunratty was surpriz'd by the English in the close of the last Year and that the Earl of Glamorgan with Three thousand of the Men design'd for England was gone to recover that place he possed himself at Six-mile-bridge and made that his Camp and his Magazine but in the beginning of April the Garison sallyed and killed Captain Magrah and many of the Thomond Men aud beat their Party and not only burned Six-mile-bridge but scowred the whole Country to within Three mile of Limerick Hereupon Glamorgan appointed a Rendezvouz at Clonmel designing to make a Second Attempt but whilst he was contriving to impeach and imprison the Lord Muskery that Lord by his Interest and Diligence was too hard for him and obtained the Command of the Army which he presently conducted to the Siege of Bunratty nevertheless that place held out Six weeks after he came before it and at last surrendered upon honourable Articles The Supream Council removed to Limerick to Countenance this Siege and Insiquin to divert it ravag'd over all the Country to the very Gates of Limerick until the Earl of Castlehaven in pity to the Confederates gathered 1000 Horse whereby Insiquin being hindred from farther Preying the Country was oblig'd to return to his Garisons and in the mean time the Lord Broghill took the Lord Muskrye's strong Castle of Blarny which was more than a Counterpoise for his Success at Bunratty And what was done the rest of the Summer in Munster I do not any where find saving that the Lord of Insiquin took the Castle of Piltown but that on the Twentieth of February the Lord Lisle the Parliaments Lord Lieutenant arrived at Cork with 30000 l. in Money seven Pieces of Battery 1000 Muskets and 100 Barrels of Powder He did his utmost to amend whatever he found in disorder and in March visited Tallow Lismore Formoy and Youghall and had Knockmone delivered unto him but when he returned to Cork he began to be jealous of Insiquin and spent some of his time in fruitless Endeavours to displace him And in Ulster I find nothing more done than what hath been already related of the Battel of Bemburb saving that the Commissioners in the later end of October whilst Owen Roe was at the Siege of Dublin and to divert him from it sent out Seven hundred Horse and Dragoons from Lisnegarvy and they ravag'd over the Counties of Cavan Monaghan Louth and Westmeath and destroyed Owen Roe's Quarters and burnt many of his Villages and abundance of Corn and demolished Carickmacross and after a Fortnights stay abroad they brought home as many Cattle and as much other Plunder as they could drive or carry As also That the Lagan and Eniskilling Forces being joyned met Owen Roe near Clownish and gave him a small Defeat And as for Conaught it seems that General Preston took Roscomon about Midsummer and reduced most part of that Province for on the Tenth of December Mr. Annesly Sir Adam Loftus Sir John Temple and Sir Hardress Waller being then in England made a Report of the State of Ireland to the Parliament as followeth viz. That all Leinster opposes the Parliament and so doth Conaught except Sligo and five or six Castles wherein the Parliament hath Six Hundred Horse and Fourteen Hundred Foot but that in Munster the Parliament hath Cork Kinsale Youghall and Bandon and in them Four Thousand Foot and Three Hundred Horse and that all Ulster is theirs except Charlemont Dunganon and Montjoy which the Irish have and Newry and Greencastle which Ormond hath and in that Province the Parliament have Eight Thousand Foot in seventeen Regiments whereof Three Thousand Five Hundred Scots and Five Thousand old British and Eight Hundred and Fifty Horse in seventeen Troops and that the Irish are well supplied with Horse Arms Ammunition and Men and have Twenty Thousand Foot and Two Thousand Five Hundred Horse in Arms. But since we have related what the Confederates did at home it is fit that we should also enquire what they did abroad which we may give a shrewd Guess at by the following Papers the first being an Extract of a Letter sent to the Queen by the Bishops of Dublin Cashel and Elphin in the name of the Congregation on the Fifteenth of August 1646.
Peck full of Charms some of which had it thus written upon them This is the print of our Lady's Foot and whoever wears it and says twenty Ave Maries shall be free from Gun-shot And the like Charms were to free them from Pike or Sword as the party desired it And lastly that a bold Horse of the Lord Broghill's being ' twice wounded in this Battle became afterwards so cowardly that he was fit for nothing but the Coach But 't is time to return to Ireton who signified his Joy at this Victory by three Vollies of Shot throughout his Camp Nevertheless he found no likelihood of taking the City but on the contrary received many brisk Sallies from them in one of which they slew three hundred of his Men so that probably he had gone without it for that Year if the Town 's Men who had been always mutinous had not continued in the same humour still and pressed for a Parly Whereupon the Clergy threatned to Excommunicate them if they offered to Treat with the Enemy which in effect was they said To give up the Prelates to be slaughtered And they did actually fix a perpetual Interdict upon the Church-doors and other publique places but alass those Fulminations had been too loosely and impertinently used to retain any vertue now in time of need So that without any regard to them Colonel Fennell seized on St. John's Gate and the Mayor supplied him with Powder and countenanced him in the resolution to give up that Post to the Enemy unless the Garrison would consent to Capitulate In fine they did on the 29th day of October surrender that strong and important City upon severe Articles wherein the Governour the Bishop of Limerick and twelve more were excepted by Name as to Life and some of them particularly the Bishop of Emly and Alderman Dominick Fanning were executed it was computed that they lost 5000 People in the City during the Siege mostly by the Plague and other Sickness nevertheless after the surrender there marched out 1300 Souldiers and there still remained in the City 4000 Irish-men able to bear Arms. Limerick being thus taken and Sir Hardress Waller being made Governour of the City Ireton on the Fourth of November march'd towards Galway and being joyn'd with Sir Charles Coot they took Clare from whence Ireton sent a Message to the Town of Galway offering them good Conditions if they submit without putting him to farther trouble and severely threatning them if they refused the proffered Articles and it is probable these Comminations might have made impressions upon them if Ireton's Death which hapned at Limerick on the Twenty-sixth of November had not given them respite But it must not be forgotten that during the Siege of Limerick Sir Charles Coot encountered a Party of Fitz-Patrick's and O Dwir's Forces that had retaken Meleke Island and tho' they behav'd themselves so well that they bafled his Foot two or three times yet by the bravery of his Horse he worsted them at last and killed and drowned 300 of them and made the same Number accept of Quarter for Life But Ireton being dead the Parliament Commissioners at Dublin appointed Lieutenant-General Ludlow Commander in Chief of the Army until further Order should be taken in England in that matter And in the mean time Sir Charles Coot blockt up Galway at a distance and when Ludlow came to him they drew so near that the Assembly which sat there did in February importune the Lord Deputy to permit them to Treat with the Enemy about Conditions for the Settlement of the Nation protesting That they would insist upon advantagious and profitable Terms but the Lord-Deputy knowing it was more proper for him than for them to Treat for the Nation did on the Fourteenth of February write to the Commander in Chief of the Parliament's Forces upon that subject but he had no grateful Reply the English being resolv'd not to admit any Treaty for the Nation in general but those that would Capitulate should do it onely for themselves or the Towns and Places they respectively belong'd unto The Year 1652 began with the Surrender of Galway to Sir Charles Coot which happened on the Twelfth of May before any Storm or Assault was attempted and without consulting the Lord-Deputy tho' he was within half a days Journey of the place but indeed they had better Conditions than they could have had if the Parliaments Commissioners had been made acquainted with the matter and perhaps there was reason for it because the Town was exceeding strong and the loss thereof carried with it the Fate of Ireland and the determination of the Rebellion for what little Contests happened from henceforward do hardly deserve the Name of A Tory War Roscomon and James-Town were Surrendered to Col. Reynolds on the 27th of April and in Munster there was not a Garrison left them but Ross in the County of Kerry which being a Castle in an Island was thought impregnable but Ludlow caused a small Ship to be made and had it carried over the Mountains and set a float in the Lough at the sight of which the Irish were so astonish'd that they yielded up the place on the 27th of June and Inchylough was also surrendered to Col. Zanky on the first of August and about the same time the Lords of Westmeath and Muskry O Connor Roe Sir William Dungan Sir Francis Talbot and others submitted upon these Conditions ☞ That they should abide a Tryal for the Murders committed in the beginning of the Rebellion and those that onely assisted in the War were to forfeit two Thirds of their Estates and be Banished And tho' the Lord-Deputy did on the 16th of May take Ballishannon and the Castle of Donegal yet both those places together with Sligo and Ballymote were soon regain'd by Coot and Venables and the Lord-Deputy forc'd to shelter himself in the Isle of Carrick and having no part to friend nor any Party he could trust he also submitted upon very honourable Conditions Of not having any Oath imposed upon him and of having liberty to transport 3000 Men into the Service of any Prince in Amity with England And so on the 16th of March he was transported to England in a Parliament Ship and not long after died in London In the mean time Col. Charles Fleetwood who had married Ireton's Widdow was made Commander in chief of the Forces in Ireland he landed in the latter end of August and found the Military Service of the Kingdom in a manner finish'd so that what remain'd to manage were the Civil Affairs which were committed to him and the rest of the Commissioners of Parliament And they began their Administration of those Matters by Erecting a High Court of Justice to try those that were accus'd of the barbarous Murders committed in this Rebellion The first Court of this sort that was held in Ireland was upon the 4th of October at Kilkenny before Justice Donelan President and Commissary-General Reynolds
Orrery Charles Earl of Montrath were appointed Lords Justices And the Lord Chancellor and Earl of Montrath were sworn on the 31 st day of December 1660. as the Earl of Orrery also was on the 17 th of January following Their Instructions were very short and to this effect 1. To read their Commission and Swear those Named for Privy-Councellors 2. To appoint Sheriffs and Justices of Peace by Advice of the Council and to Open the Courts of Justice 3. To promote Peace and Quietness as well in the Army as elsewhere and to hinder any Prejudice to His Majesty 4. To do what they could to encrease the Revenue and advance the Publick Service 5. To prepare such Bills as shall be thought by them and the Council to be for the good of the People and to transmit them to England pursuant to Poyning's Law in order to a Parliament 6. To reduce the King's Concessions to the Commissioners of the General Convention of Ireland into Bills to Pass next Parliament 7. To send over Names of fit Commissioners to Execute His Majesties Declaration for the Settlement of that Kingdom Lastly To cause the Oaths of Allegiance and Supremacy to be taken by all His Majesties Leige-Subjects of that Kingdom and to proceed according to Law against those that refuse And on the 27 th of January 1660. Dr. Michael Boyle now Lord Primate of all Ireland and Eleven others were Consecrated Bishops in St. Patrick's Church in Dublin with great Ceremony and Formality which I the rather mention because so numerous an Ordination of Bishops in one Day hath rarely if ever been heard of either before or since On the 8 th of May a Parliament was Summoned and Dr. Bramhall Arch-Bishop of Armagh was Speaker of the House of Lords as Sir Audley Mervin was of the House of Commons This Parliament as a Testimony of their Gratitude and Affection to the Duke of Ormond did present his Grace with a Gift of 30000 l. and when the Lords-Justices and Council understood that His Majesty on the 4 th of October 1661. had appointed the Duke of Ormond to be Lord Lieutenant of Ireland they ordered all publick Expressions of Joy to be made in Dublin upon that happy Occasion On January the 14 th 1661. the Lord Chancellor and Earl of Orrery were Sworn Lords Justices on the Death of the Earl of Montrath which happened the 18 th of October And on the 30 th of April 1662 they Published an Indulgence to Dissenters and continued in the Government until the 28 th of July 1662. at which time James Duke of Ormond was sworn Lord Lieutenant But the Session of Parliament begun the 17 th of April and on the 15 th of September the Bill of Settlement passed into an Act in the Parliament of Ireland by which Act and the rest of the Statutes passed that Parliament the King received more profit than all his Predecessors ever got out of that Kingdom This Bill had been exposed to the View and Scrutiny of the Irish and their Council for six Months together and altho they do so very confidently Clamour that they were never heard yet all that they could say was heard and debated even with Favour to them they had Agents there to whom they allowed three Pence per Acre for that purpose and every word in the Bill was Expung'd to which they had any just Exceptionl and at length the matter was determined by the King and Council and the following Order was made At the COURT at WHITE-HALL The 14th of March 1661. Present The Kings Most Excellent Majesty His R. H. the Duke of York Lord Chancellor Lord Privy-Seal Lord Duke of Ormond Lord Marquiss of Dorchester Lord Chamberlin Earl of Northumberland Earl of Norwich Earl of St. Alban Earl of Anglesey Earl of Carlisle Lord Seymore Lord Hatton Lord Holles Lord Ashley Mr. Trear Mr. Comptroller Mr. Vice-Chamberlain Mr. Secretary Nicholas Mr. Secretary Morrice THis day Mr. Sollicitor General making Report to His Majesty in Council from the Committee of this Board for the Affairs of Ireland upon Consideration of several Papers presented to the Board by Sir Nicholas Pluncket in the behalf of some of the Roman Catholicks of Ireland concerned in His Majesties Declaration according to an Order of the 12 th of this Instant That after the Committee had debated the said Papers the Commissioners from the Council and the Parliament of Ireland were called in and heard and presented to the Committee several Papers See them Appendix 40. viz. Instructions given by the Supreme Council and others of the Lords Spiritual and Temporal and the Commons of the Confederate Catholicks of Ireland to be observed by the Bp. of Fearnes and Nicholas Plunket Esq in the Court of Rome bearing date the 18 th of January 1647. and a Draught of Instructions to France and Spain and a Copy of the Excommunication Published at James-Town and that all the said Papers being read and the said Commissioners being withdrawn and the Committee then calling in the said Sir Nicholas Plunket and asking him whether the Signature of the Instructions to Rome by Command of the General Assembly were his Hand-writing and whether the Draught of the Instructions to France and Spain were his Writing also He acknowledged in the Presence of the Committee that they were and that hereupon it was the humble Opinion of the Committe that the Bill for the Common Settlement of that Kingdom should not be retarded but proceeded upon with all possible Expedition It was upon consideration of the said Report Ordered that in regard the said Romish Catholicks have been already several times fully heard at this Board as to the said Bill of Settlement no more Petitions or further Addresses be required or admitted from them for obstructing the same but the engrossing thereof be proceeded upon without any further delay according as the same is already prepà red and also that Mr. Sollicitor General do send all the Provisoes already allowed of by the said Committee to be likewise Engrossed And it is further Ordered That the Clerk of the Council attending do not only signify His Majesties Pleasure unto the said Sir Nicholas Pluncket that he do for bear coming into or appearing in His Majesties Presence or Court but also give Notice of this Order to the Committees imployed from the said Council and Parliament to be by them transmitted into Ireland Copia Vera Edw. Walker The Act of Settlement thus past there was a Court of Claims erected to adjudge Qualifications of Innocency and Nocency The Period for this Purpose was in Favour of the Nominees who were to attend till Innocents were first restored and by consent of the Irish Agents appointed by the Kings Declaration to be the 2 d of May 1661. but the Irish Parliament enlarged the time to the first of August 1662. and afterwards prolong'd it father to the 22 d of July 1663. And so the Commissioners viz. Sir Richard Rainsford Sir Thomas Beverly
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
rid of some of His Majesties English Judges and Officers whom they cannot endure to bear rule over them though they saw the Kingdom prospered above any former Times under their Labour and Travel And it is untrue that the Protestants did envy the good Union of both Houses on the contrary they laboured to cherish and confirm it but if any Protestant opposed the Remonstrants upon any point how reasonable soever they presently clamour that it is done out of Malice against them and the Nation which is an unjust Obloquy and though the Pupists made daily Cabals yet the Protestant Members never had but one private Meeting and that without the Lords Justices knowledge and at that Meeting there were some Papists and the Design of it was to prevent an Impeachment intended by some of the Irish against those that were concerned in the Grand Inquisition of the Kings Title to Conaugth the Plantation of which Province with English the Natives abhorred as that which would have frustrated all their Evil Designs And as to the Session of the 11 th of May 1641 it continued very long viz. to the 7 th of August and was unprofitably spent in Protestations Declarations Votes upon Queries the Stay of Soldiers from going over Seas and private Petitions and it is untrue that there was any Certainty of the Committees being at the Water-side at the Time of Adjornment so on the 14 th of July the Lords Justices sent to both Houses to consider of a Time of Adjornment because the Harvest was approaching and the House was thin and on the 30 th of July the Commons desired the Adjornment might be delayed till the 7 th of August and on the 2 d. of August the Lords licensed the Judges to go their Circuits and the same Day the Commons desired the Adjornment might be from the 7 th of August to the 9 th of November to which the Lords agreed and on the 5 th of August a Committee of both Houses attended the Lords Justices with notice thereof and they consented thereunto by Order to be entred in the Houses as by their consent On the 6 th of August there arrived the Earl of Roscomon with a Letter from the Committee importing that they were busie about their Dispatch at London whereupon the Lords sent to the Commons that they continued their Opinion for the Adjornment and accordingly they did adjourn the next Day so that there is no Ground for the Calumny on the Lords Justices that they threatned to prorogue them or purposed to prevent the passing the Graces not then arrived into Acts. But those Remonstrants having broken Faith with His Majesty and all his faithful Subjects do take liberty to asperse his Governors and well affected Officers whom they desire for ill Ends to make odious to the People Lastly They close this Article with an Untruth for the Lords Justices did immediatly after the Arrival of the Committee write to all the Ports of the Kingdom with Briefs of the Graces concerning matters of Customs commanding the Officers to obey those Directions they also published Proclamations for transporting Wool and what Customs were payable for the same They sent Warrants for free Entries of Tobacco and what Customs were payable for it they gave Order for a Bill to be drawn for a Repeal of the preamble of the Act of Subsidies they also desired Sir James Mongomery and Sir William Cole to give notice to the Undertakers of Vlster of the Graces intended to them and they had formerly sent over the Bill for a General pardon and most of the rest of the Graces were to be executed in Dublin and respected the Regulation of the Courts there for which the Approaching Term was the proper Season But the Remonstrants had not patience to expect that but resolved to be their own Carvers and dispose of the King's Revenue and the Protestants Estates as they thought fit As to the Eighth Article the prodigious Tale of the Petition is untrue And but that these Remonstrants care not what Detractions how untrue and improbable soever they print or publish against those they hate they would not have averred this Story without producing a Copy of a Petition signed by so many Thousands but the Truth is the four Persous named had no hand in any Petition but there was indeed a Petition which reflected more upon the Protestant than the Popish Clergy but as soon as the Lords Justices had notice of it they got the Original into the Clerk of the Councils Office where it still lies What Sir John Clotworthy did or said in the Parliament of England was not known to the Protestants of Ireland nor is it material nor do they believe that any thing was then moved plotted or contrived against the Remonstrants or that the English Parliament resolved any destructive Course against them till after the Rebellion begun though the Remonstrants by confounding Times would use it as a Cover for their inhuman Perpetrations As for the Statute of 2 Eliz. the Remonstrants find fault with it because by repealing by Queen Mary's Act of Repeal it revives the necessary Statutes made by Henry 8 th against Papal Incroachments and Usurpations without which the Papists being dissolved from their dependence on the King's Auchority in matters Ecclesiastical would transfer that half of his Sovereignty to the Pope who might discharge their Allegiance in civil Causes as he hath often done here and elsewhere for as to the Penal part that Statute mitigates the Crime of Advancing foreign Jurisdiction which being Treason before is by that Act not made Treason till the third Offence after two Convictions and as to that part of the Statute about Officers and suers of Livery to take the Oath of Supremacy they have found so many Instances of His Majesties indulgence to them in that particular that it is ingratitude in them to complain And if they mean the second Chapter of secundo Eliz. it is answered that what Noise soever that Statute hath made yet it hath done very little Execution but the Complaint as if those Statutes were forged or had lain dormant till most of the Members of that Parliament were dead is of all other the most shameless for those Statutes were published in print with the rest Anno 16 Eliz. and were soon after too sparingly indeed put in Execution as appears by the Records but 't is true the second Chapter could not be executed because the Papists universally came to Church till of later Days and the Name of Recusant was not then known But afterwards when Popery became more bold and dangerous that Act was sometimes put in Execution but without danger to any Man's Life or Estate for the Penalty was but Nine Pence a Sunday and the Laws in England against Popery are very much more severe and yet upon this slender Ground and the vile Fiction of sending 10000 Scots which was never thought of till long after the Rebellion broke out do these
doing us Justice nor indeed will any Man in the Country since my Lord of Muskery's departure own a Power of doing right to us But by their diversity of Governments and uncertainty of Governours the Parties Injured are posted from place to place and put to circular and formal courses of Petitioning and Prosecuting by the delay and discouragement whereof they incline rather to sit down with an Injury sustained than to pursue a reparation more grievous in obtaining than the wrong it being in many places unsafe to Travel in their Quarters for any cause whatsoever a Servant of my own being assaulted and attempted to be Murdered in Imokilly for going about my occasions Twelfthly That in November last at a Meeting which I procured in Cappaquin betwixt my Lord of Muskery and John Welsh on their part and other Commissioners on Ours my self being present sundry of these particulars were debated and several of them as the First Second and Fifth sufficiently cleared and evidenced to be injurious to us and that at that time they promised to send unto me within Eight or Ten days such positive orders for redress in those manifest particulars as we could reasonably expect and that in those which were then left doubtful and disputable I should receive the answer of their Supream Council And in all matters besides Commissioners should be assigned to meet with ours within Eight or Nine days to redress all Grievances and to determine all differences But from thenceforth I could never receive any performance of that promise or other satisfaction but having importuned them thereunto I received answer from one of them That more weighty business would not give admission to mine whilst in the interim they keep all things in difference within their own possession and so think it less necessary to descend to any determination By means whereof and of their willful withholding of those Rights whereout I should have raised some reasonable support for His Majesties Forces here more especially by their deteiner of the Three Houndred Pounds worth of Cattle ordered unto me by your Lordship they have driven me to so great Streights and Exigencies that of Nine Hundred Men which I had ready a few Weeks since to send unto his Majesty there remained not Two Hundred to be sent away on Munday last with the Shipping the rest being dispresed through meer want Besides which disadvantage to His Majesties Service the many Injuries Insolencies and Pressures obtruded and Multiplied daily on the poor English doth beget so many heavy clamours and complaints such disencouragements anguish and vexation of Spirit as makes the wretched Souls weary of their Lives and me of the sad and perplexed condition whereunto I am put by having these insufferable and insupportble affronts and difficulties to struggle with whence I implore some immediate rescue suitable to the nature they are of c. Appendix XVIII The Declaration of the Parliament against the Cessation AS it is evident to all the World that this late horrid Rebellion of the Papists in Ireland did without any colour or pretext of Provocation professedly and boldly aim at the destruction of the Protestant Religion the rejecting of the Laws of England and the Extirpation of the British Inhabitants out of that Kingdom So it is no less manifest that this Parliament of England to whom his Majesty hath left the managing of the War against those Rebels hath taken the Troubles of Ireland to heart with that resentment and compassion as may evidence their Zeal to Religion their Love to their Distressed Country-men and Brethren there in these times when the like Jesuitical Practices have cast England into woful Distractions and Unnatural War notwithstanding which the Reducing of Ireland hath still been a chief part of the care of this Parliament and God hath been pleased to bless our endeavours with such success as that those furious Blood-thirsty Papists have been stopped in the carier of their cruelty some part of the Protestant Blood which at first was spilt like Water upon the Ground hath been revenged their Massacres Burnings and Famishings have by a Divine retaliation been repaid into their Bosom and the Protestant Party hath been erected to that condition of Strength and Hope that their Enemies are constrained distrusting their Forces to have recourse to their Craft and Policies and therefore by their subtil Agents at Court and their active Instruments elsewhere have been endeavouring now of a long time to make our Armies in Ireland disaffected to the Parliament what by occasion of their wants not so readily supplyed as their need required what by amusing them with these unhappy differences fallen in here between King and People labouring by that means to divide those Forces into Factions to the end the main work they have in hand might be neglected which is the Prosecuting the War against the Rebels so far brought low in some parts of Ireland that if they can be deprived of the benefit of this Harvest they are not likely to see the next Summer And therefore the Rebels finding that notwithstanding the Distractions here occasioning the slowneâ—s and scarceness of Supplies yet they themselves are in a far worse condition being in a want of most things necessary not only for the maintaining of a War but even of Life the Judgment of God being remarkable upon them in this that as their Bloody and Treacherous Religion made them inhumanely cruel in shedding the Protestants Blood so now the Famine amongst many of them hath made them unnaturally and Canibal-like ☜ Eat and Feed one upon another Therefore that they may have time to expect from their Friends abroad new Supplies both of Victuals and Ammunition and may without molestation reap the Fruit of this Harvest they have laboured a Treaty for a Cessation which Project of theirs doth no less aim at the overthrow of the remainder of the Protestants in that Kingdom than their treacherous taking of Arms at first did intend the destruction of them all for their Cessation and Hostility their War and Peace ☜ are alike to be esteemed of and with those that neither in Peace nor War keep any Faith it is best to be in perpetual Defiance Therefore the Lords and Commons in Parliament assembled according to the continued care of that Kingdom of Ireland do in a special manner take into their consideration the condition thereof upon this occasion of an intended Cessation and so much the rather because it is feared that the Protestant Forces through want of Provisions for their Armies may at last if not relieved be perswaded to admit of this course in hope thereby to procure some means for their subsisting as also because there is too much ground to suspect that if this Cessation should be agreed unto they might have opportunity to joyn with the Popish Party here for their greater strengthning And though it were to have no influence upon this Kingdom yet the evil consequences of it are so
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
touching Universities and Inns of Court We humbly conceive that this part of the Proposition savoureth of some desire to become independant upon England or to make aspersion on the Religion and Laws of the Kingdom which can never be truly happy but in the good Unity of both in the true Protestant Religion and in the Laws of England for as for matter of charge such of the Natives that are desirous to breed their Sons for Learning in Divinity can be well content to send them to the Universities of Lovane Doway and other Popish places in foreign Kingdoms and for Civil Law or Physick to Padua and other places which draws great Treasure yearly out of your Majesties Dominions but will send few or none of them to Oxford or Cambridge where they might as cheeply be bred up and become as Learned which course I conceive is holden out of their Pride and Disaffection towards this Kingdom and the true Religion here professed And for the Laws of the Land which are for the Common Law agreable to England and so for the greatest part of the Statutes the Inns of Court in England are sufficient and the Protestants come thither without grudging and that is a means to civilize them after the English Customs to make them familiar and in love with the Language and Nation to preserve Law in the Purity when the Professors of it shall draw from one original Fountain and see the manner of the practice of that in the same great Channel where His Majesties Courts of Justice of England do flow most clearly whereas by separation of the Kingdoms in that place of their principal Instruction where their Foundations of Learning are to be laid a degenerate Corruption in Religion and Justice may happily be introduced and spread with much more difficulty to be corrected and restrained afterwards by any Discipline to be used in Ireland or punishment there to be inflicted for departing from the true Grounds of things which are best preserved in Unity when they grow out of the same Root than if such Universities and Inns of Court as are proposed should be granted all which we humbly submit to your Majesties most pious and prudent Consideration and Judgment 8. Prop. That the Offices and Places of Command Honour Profit and Trust within that Kingdom be conferred upon Roman Catholick Natives in equality and indifferency with your Majesties other Subjects Answ We humbly conceive that the Roman Catholicks Natives of Ireland may have the like Offices and Places as the Roman Catholicks Natives of England have here and not otherwise howbeit we conceive that in the generality they have not deserved so much by their late Rebellion therefore we see not why they should be endowed with any new or farther Capacities or Priviledges than they have by the Laws and Statutes now in force in that Kingdom 9. Prop. That the insupportable Oppression of your Subjects by reason of the Court of Wards and Respit of Homage be taken away and certain Revenue in Lieu thereof setled upon your Majesty without Diminution of your Majesties Profits Answ We know of no Oppression by reason of the Court of Wards and we humbly conceive that the Court of Wards is of great use for the raising of your Majesties Revenues the preservation of your Majesties Tenures and chiefly the Education of the Gentry in the Protestant Religion and in Civility and Learning and good Manners who otherwise would be brought up in Ignorance and Barbarism their Estates be ruined by their Kindred and Friends and continue their depending upon their Chieftains and Lords to the great prejudice of your Majesties Service and Protestant Subjects and there being no colour of exception to your Majesties just Title to Wardships we know not why the taking away of your Court concerning the same should be pressed unless it be to prevent the Education of the Lords and Gentry that fall Wards in the Protestant Religion For that part of this Proposition which concerns Respit of Homage We humbly conceive that reasonable that some way may be setled for that if that standeth with your Majesties good Pleasure without prejudice to your Majesty or your Majesties Protestant Subjects 10. Prop. That no Lord not estated in the Kingdom or estated and not resident shall have vote in the said Parliament by proxy or otherwise and none admitted to the House of Commons but such as shall be estated and resident within the Kingdom Answ We humbly conceive that in the Year 1641 by the Graces which your Majesty then granted to your Subjects of Ireland the matter of this Proposition was in a fair way regulated by your utter abolishing of blank Proxies and limiting Lords present and attending in the Parliament of Ireland that no one of them should be capable of more Proxies than two and prescribing the Peers of that Kingdom not there resident to purchase fitting Proportions of Land in Ireland within five Years from the last of July 1641 or else to lose their Votes till they should make such purchases which purchases by reason of the Troubles hapning in the Kingdom and which have continued for two years and a half have not peradventure yet been made and therefore your Majesty may now be pleased and may take just occasion to enlarge that time for five Years more from the time when that Kingdom may again be setled in a happy firm peace And as to Members of the House of Commons the same is most fit as we humbly conceive to be regulated by the Laws and Statutes of that Kingdom 11. Prop. That an Act be passed in the next Parliament declaratory that the Parliament of Ireland is a free Parliament of it self independant of and not subordinate to the Parliament of England and that the Subjects of Ireland are immediately subject to your Majesty as in right of your Revenue and that the Members of the said Parliament of Ireland and all other the Subjects of Ireland are independant and no way to be ordered or concluded by the Parliament of England and are only to be ordered and governed within that Kingdom by your Majesty and such Governours as are or shall be there appointed and by the Parliament of that Kingdom according to the Laws of the Land Answ This Proposition concerns your Majesties High Court of Parliament both of England and Ireland and is beyond our Abilities who are not acquainted with the Records and Presidents of this Nature to give an Answer thereunto and therefore we humbly desire your Majesties pardon for not answering unto the same 12. Prop. That the assumed Power or Jurisdiction in the Council Board of determining all Manner of Causes be limited to Matters of State and all Patents Estates and Grants illegally and extrajudicially avoided there or elsewhere be left in State as before and the Parties grieved their Heirs or Assigns till legal Eviction Answ The Council-Table hath always exercised Jurisdiction in some Cases ever since the English Government
agreed upon by and between the said Parties and His Majesty is further graciously pleased that all Incapacities imposed upon the Natives of this Kingdom or any of them as Natives by any Act of Parliament Provisoes in Patents or otherwise be taken away by Act to be passed in the said Parliament and that they may be enabled to erect one or more Inns of Court in or near the City of Dublin and that such Students Natives of this Kingdom as shall be therein may take and receive the usual Degrees accustomed in any Inns of Court they taking the Oath already mentioned And that they may erect one or more Universities to be Governed by such Rules and Orders as His Majesty shall appoint And it is further concluded and agreed by and between the said Parties and His Majesty is graciously pleased that the said Roman-Catholick Subjects may erect and keep Free-Schools for education of Youth in this Kingdom any Law or Statute to the contrary notwithstanding all the matters of this Article to be passed as Acts of Parliament in the said next Parliament 8. It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is graciously pleased That Places of Command Honour Profit and Trust in His Majesties Armies in this Kingdom shall be upon perfection of these Articles actually and by particular instances conferred upon His Roman-Catholick Subjects of this Kingdom and that upon the distribution conferring and disposal of the Places of Command Honor Profit and Trust in his Majesties Armies in this Kingdom for the future no difference shall be made between the said Roman-Catholicks and other His Majesties Subjects but that such distribution shall be made with equal indifferency according to their respective Merits and Abilities And that all his Majesties Subjects of this Kingdom as well Roman-Catholicks as others shall for his Majesties Service and their own security arm themselves the best they may wherein they shall have all fitting encouragement And the Places of Command Honour Profit and Trust in Civil Government in this Kingdom shall be upon passing of the Bills in these Articles mentioned in the next Parliament actually and by particular instances conferred upon his Majesties Roman-Catholick Subjects of this Kingdom and that in the distribution conferring and disposal of the places of Command Honour Profit and Trust in the Civil Government for the future no difference shall be made between the said Roman-Catholicks and others His Majesties Subjects but that such distribution shall be made with equal indifferency according to their respective merits and abilities and that in the distribution of Ministerial Offices or Places which now are or hereafter shall be void in this Kingdom equality shall be used to the Roman-Catholick Natives of this Kingdom as to other his Majesties Subjects That the Command of Forts Castles Garrisons Towns and other Places of Importance in this Kingdom shall be conferred upon His Majesties Roman-Catholick Subjects of this Kingdom upon perfection of these Articles actually and by particular instances and that in the distribution conferring and disposal of the Forts Castles Garrisons Towns and other places of Importance in this Kingdom no difference shall be made between his Majesties Roman-Catholick Subjects of this Kingdom and other his Majesties Subjects but that such distribution shall be made with equal indifferency according to their respective Merits and Abilities 9. It is further concluded accorded and agreed upon by and between the said Parties and his Majesty is further Graciously pleased that His Majesty will accept of the Yearly Rent or Annual Sum of Twelve Thousand Pounds Sterling to be applotted with indifferency and equality and consented to be paid to His Majesty his Heirs and Successors in Parliament for and in lieu of the Court of Wards in this Kingdom Tenures in Capite common Knights service and all other Tenures within the Cognizance of that Court and for and in Lieu of all Wardships primer Seisins Fines Ousterlemains Liveries Intrusions Alienations Mesne-rates Reliefs and all other Profits within the Cognizance of the said Court or Incident to the said Tenures or any of them or Fines to accrew to His Majesty by reason of the said Tenures or any of them and for and in lieu of Respites and Issues of Homage and Fines of the same And the said Yearly Rent being so Applotted and consented unto in Parliament as aforesaid then a Bill is to be agreed on in the said Parliament to be Passed as an Act for the securing of the said Yearly Rent or Annual Sum of Twelve thousand pounds to be Applotted as aforesaid and for the Extinction and taking away the said Court and other matters aforesaid in this Article contained And it is further Agreed that reasonable Compositions shall be accepted for Wardships fallen since the 23 d. of October 1641. and already granted And that no Wardships fallen or not granted or that shall fall shall be past until the Success of this Article shall appear And if His Majesty be Secured as aforesaid Then all Wardships fallen since the said 23 d. of October are to be included in the Agreement aforesaid upon Composition to be made with such as have Grants as aforesaid which composition to be made with the Grantees since the time aforesaid is to be left to indifferent Persons and the Umpirage to the said Lord Lieutenant His Majesties Commissioner 10. It is further concluded accorded and agreed by and between the said Parties and His Majesty is further graciously pleased that no Nobleman or Peer of this Realm in Parliament shall be hereafter capable of more Proxies than two and that blank Proxies shall be hereafter totally disallowed and that if such Noblemen or Peers of this Realm as have no Estates in this Kingdom do not within Five Years to begin from the conclusion of these Articles Purchase in this Kingdom as followeth viz. A Lord Baron two hundred pounds per annum a Lord Viscount four hundred pounds per annum and an Earl six hundred pounds Ster per annum shall lose their Votes in Parliament until such time as they shall afterwards acquire such Estates respectively And it is further agreed that none be admitted into the House of Commons but such as shall be Estated and Resident within this Kingdom 11. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that as for and concerning the Independency of the Parliament of Ireland on the Parliament of England His Majesty will leave both Houses of Parliament in this Kingdom to make such Declaration therein as shall be agreeable to the Laws of the Kingdom of Ireland 12. It is further Concluded Accorded and Agreed by and between the said parties and His Majesty is further graciously pleased That the Council Table shall contain it self within it's proper bounds in handling matters of State and weight fit for that place amongst which the Patents of Plantation and the Offices
secured in their Persons Estates and Goods that they have in Ireland and that they may live quietly and securely under the Protection of the said Parliament and their Forces either within England Ireland or Wales and that they shall enjoy those their Estates and Goods without any molestation or question from the said Parliament as any others do who have not offended the said Parliament they submitting to all such Ordinances of Parliament made or to be made as all others do submit unto who have never offended the Parliament 3. Item It is fâ—rther agreed and concluded and the said Arthur Annesley c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond that all Protestants whatsoever of the Kingdom of Ireland not having been in the Irish Rebellion who have any Estates or Lands in England though they have of late consented or submitted either to the Cessation of Armes or the Peace concluded with the Irish Rebbels may compound for the same at the raâ—e of two years profit as they were before the beginning of these troubles they submitting to such Ordinances of Parliament as all Persons now compounding in England do submit unto Provided that they effectually prosecute the same within six months after the publication of this Article 4. Item It is agreed and concluded upon and the said Arthur Annesley c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond that such as have come under contribution and do now live in the English Quarters and will continue payment of contribution shall be protected in their persons and estates as well from the violence of the Souldiers under the Parliament as of the enemy and this to be extended to all without any distinction of offence or religion and that they shall receive Safeguard by the countenance of the Forces under the Parliament 5. Item It is agreed and concluded upon and the said Arthur Annesley c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Onmond that the said Lord Marquess shall enjoy his Estate without molestation or disturbance from the Parliament and shall have indemnity against all debts contracted by reason of any goods Money Debts or Victuals taken up by vertue of any Warrant signed by him and the Councel from any person for the maintenance and support of the Army or any of the Garrisons now under his Lordships Command 6. Item It is agreed and concluded upon and the said Arthur Annesley c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond that he shall be protected in his person and goods for the space of twelve Months against all Suits Arrests molestation or disturbance from any person whatsoever for any debt owing by him to any person whatsoevert before the Rebellion in Ireland 7. Item It is agreed and concluded and the said Arthur Annesley c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond that the said Lord Marquess and all such Noblemen Gentlemen and Officers as shall be desirous to go with him or by themselves into any place out of Ireland shall have free passes for themselves their Families Goods and travelling Arms and a competent number of servants sutable to their respective qualities Provided they demand the said passes within twenty days after the date of these Articles and the said passes are to be in force for three months and no longer after the date of the said passes 8. Item It is agreed and concluded and the said Arthur AAnnesley c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond that he shall have liberty to come and live in England with the like liberty that others have he submitting to all Ordinances of Parliament and for the time of twelve moneths shall not be prest to any Oaths he engaging his honour to do nothing in the mean time that shall be disservice to the Parliament 9. Item Forasmuch as in the sixth Article of the said Lord Marquess of Ormonds additional instructions to Sir Gerrard Lowther Sir Francis Willoughby and Sir Paul Davies it is affirmed by his Lordship that the sum of thirteen thousand eight hundred seventy seven pounds fourteen shillings nine pence is less than the sum disbursed by his Lordship for the maintenance of the Garrisons of Dublin Dundalke Newry Narrow water Green Castle and Carlingford which sum upon Accompt ☜ appeared to the Councel of this Kingdom and to us by their Certificate to be disbursed as aforesaid it is therefore concluded and agreed and the said Arthur Annesly Esq c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess that upon performance of what is undertaken by his Lordship he shall receive three thousand pounds in mony to answer his occasions in and until his Transportation and likewise Bills of exchange to be accepted by sufficient men in France or Holland to pay unto him ten thousand eight hundred seventy seven pounds fourteen shillings and nine pence of currant mony of and in England either in English mony or such other Coyns as shall be of equal value or worth as so much English mony to be paid to such as his Lorship shall appoint to wit the one half at fifteen days after sight and at six months the other half 10. Item It is agreed and concluded and the said Arthur Annesly Esq c. do for and in the behalf of the Parliament of England conclude and agree and undertake to and with the said Loâ—â— Marquess of Ormond that there shall be pensions to such as the said Commissioners shall think fit forthwith ascertained to the value of two thousand pounds sterling per annum unto such of the Civil and Martial List as also of the distressed Clergy as shall be thought meet to extend it to in such way as may give best satisfaction those Pensions to continue during the Wars till they can receive the like benefit by their own Estates And to the end that upon publication of the Articles these popish Recusants who have not assisted nor adhered to the Rebellion in this Kingdom may be incouraged to continue in their habitations and in enjoyment of their Estates with confidence 't is declared by the said Arthur Annesly Esquire c. in behalf of the Parliament of England that the said Parliament will take them into consideration for favour according as they shall demean themselves in this present Service and thereof they are hereby assured IN WITNESS whereof the said Lord Marquess
the matters assented unto in this Article be passed as Acts of Parliament in the said next Parliament 9. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that places of command honour profit and trust in his Majesties Armies in this Kingdom shall be upon perfection of these Articles actually and by particular instances conferred upon his Roman Catholick Subjects of this Kingdom and that upon the distribution conferring and disposing of the places of command honour profit and trust in his Majesties Armies in this Kingdom for the future no difference shall be made between the said Roman Catholicks and other his Majesties Subjects But that such distribution shall be made with equal indifferency according to their respective merits and abilities and that all his Majesties Subjects of this Kingdom as well Roman Catholicks as others may for his Majesties service and their own security arm themselves the best they may wherein they shall have all fitting incouragement and it is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that places of command honour profit and trust in the civil Government in this Kingdom shall be upon passing of the Bills in these Articles mentioned in the next Parliament actually and by particular instances conferred upon his Majesties Roman Catholick Subjects of this Kingdom and that in the distribution conferring and disposal of the places of command honour profit and trust in the civil Government for the future no difference shall be made between the said Roman Catholicks and other his Majesties Subjects but that such distribution shall be made with equal indifferences according to their respective merits and abilities and that in the distribution of ministerial offices or places which now are or hereafter shall be void in this Kingdom equality shall be used to the Roman Catholick Natives of this Kingdom as to others his Majesties Subjects and that the command of Forts Castles Garrisons Towns and other places of importance in this Kingdom shall be conferred upon his Majesties Roman Catholick Subjects of this Kingdom upon perfection of these Articles actually and by particular instances and that in the distribution conferring and disposal of the Forts Garrisons Towns and other places of importance in this Kingdom no difference shall be made between his Majesties Roman Catholick Subjects of this Kingdom and other his Majesties Subjects but that such distribution shall be made with equal indifferences according to their respective merits and abilities and that until full settlement in Parliament fifteen thousand foot and two thousand and five hundred Horse of the Roman Catholicks of this Kingdom shall be of the standing Army of this Kingdom And that until full settlement in Parliament as aforesaid the said Lord Lieutenant or other Chief Governour or Governours of this Kingdom for the time being and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall diminish or add unto the said number as they shall see cause from time to time 10. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that his Majesty will accept of the yearly rent or annual sum of of twelve thousand pounds sterling to be apploted with indifferencey and equality and consented to be paid to his Majesty his Heirs and Successors in Parliament for and in lieu of the Court of Wards in this Kingdom tenures in Capite Common Knights service and all other tenures within the cognizance of that Court and for and in lieu of all Wardships primer-seisins fines ousterlemains liveries intrusions alienations measne rates releases and all other profits within the cognizance of the said Court or incident to the said tenures or any of them or fines to accrew to his Majesty by reason of the said tenures or any of them and for and in lieu of respits and issues of homage and fines for the same And the said yearly rent being so applotted and consented unto in Parliament as aforesaid then a Bill is to be agreed on in the said Parliament to be passed as an Act for the securing of the said yearly Rent or annual sum of twelve thousand pounds to be applotted as aforesaid and for the extinction and taking away of the said Court and other matters aforesaid in this Article contained And it is further agreed that reasonable compositions shall be accepted for Wardships fallen since the 23 of October 1641. and already granted and that no wardships fallen and not granted or that shall fall shall be passed until the success of this Article shall appear and if his Majesty be secured as aforesaid than all Wardships fallen since the said 23 of Octob. are to be included in the agreement aforesaid upon composition to be made with such as have grants as aforesaid which composition to be made with the grantees since the time aforesaid is to be left to indifferent persons and the umpirage to the said Lord Lieutenant 11. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that no Nobleman or Peer of this Realm in Parliament shall be hereafter capable of more proxies than two and that blank proxies shall be hereafter totally dis-allowed and that if such Noble Men of Peers of this Realm as have no Estates in this Kingdom do not within five years to begin from the conclusion of these Articles purchase in this Kingdom as followeth viz. A Lord Baron 200 l. per annum a Lord Viscount 400 l. per annum and an Earl 600 l. per annum a Marquess 800 l. per annum a Duke 1000 l. per annum shall loose their Votes in Parliament until such time as they shall afterwards acquire such Estates respectively and that none be admitted in the House of Commons but such as shall be Estated and resident within this Kingdom 12. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that as for and concerning the independency of the Parliament of Ireland on the Parliament of England his Majesty will leave both houses of Parliament in this Kingdom to make Declaration therein as shall be agreeable to the Laws of the Kingdom of Ireland 13. Item It is further concluded and agreed upon by and between the said parties and his Majesty is further graciously pleased that the Council-Table shall contain it self within its proper bounds in handling matters of State and Weight fit for that place amongst which the Patents of plantation and the Offices whereupon those Grants are founded to be handled as matters of State and to be heard and determined by his Majesties Lord Lieutenant or other chief Governour or Governours for the time being and the Council publickly at the Counsel-Board and not otherwise but
of Tanistry and Gavelkind abolished 10 Commission of Grace 11 15 32 Case of Tâ—nures 56 Conaught Transactions there An. 1641 97 Anno 1642. 113 Anno 1643. 113 Anno 1644. 146 Anno 1645. 159 Anno 1646. 190 Anno 1647. 198 Anno 1648. 203 Coot Sir Charles slain at Trim 107 Committee of English Parliament sent over and what they did 108 109. Cessation treated of 130 and concluded 133 how resented 133 wherein violated 135 Cessation between the Irish Insiquin 199 Cromwel landed at Dublin C. 2. 7 and takes Tredagh C. 2. 8 and Wexford C. 2. 9 and Ross ibid. 10 and Clonmell ibid. 10 returns to England ibid. 17 Clanrickard Marquess made Lord-Deputy C. 2. 52 High Commission Court and what they did C. 2. 70 D. O Dogharty rebells 13 and is slain 14 E. Earls of Tyrconnell and Antrim created 8 Earl of Castlehaven executed 54 F. Lord Falkland Lord-Deputy 39 has a Controversy with the Chancellor 42 is removed 53 G. Glamorgan Earl sent to Ireland 150 makes a secret Peace with the Irish 154 is committed 155 his Opinion of the Irish 157 Grant Winter his Negotiation 194 Galloway surrendred C. 2. 69 H. Hartegan's Letter 149 I. Irish demand Toleration of Religion 8 43 and obtain Graces 45 whereupon they grow 〈◊〉 53 they desire to inspect the Store 71 and universally rebel 72 and enter into an Association 123 and appoint a Government 125 and send Ambassadors to Foreign Princes 149 197. Instances of their Disloyalty C. 2. 54 Lords Justices Jones and Denham 33 Ely and Powerscourt 36 Ely and Cork 53 Ely and Wandesford 59 Dillon and Parsons 64 Parsons and Burlace ibid. Burlace and Titchburn 127 Inquisitions into the King's Title 56 Ireton has command of the Army C. 2. 17 and takes Waterford C. 2. 56 and Limerick ibid. 69 and dies ibid. K. King James of Irish Extraction 1 his Title to the Crown 2 his Declaration against the Rebel Earls of Tyrone and Tyrconnel 12 his Speech to the 〈◊〉 Irish 25 his Answer about Sir Oliver St. John â— 35 King Charles Crowned 41 sends notice of the Irish Conspiracy 65 and Proclamations against the Rebels 86 and surrenders himself to the Scots 164 King Charles II. proclaimed C. 2. 1 declares against the Peace of 1648. C. 2. 34 L. Lalor the Priest indicted of Premunirâ— 11 his Equivocation ibid. London City their Articles with the King about their Plantation in Ulster 16 Lords of Kerâ—y and Slane dispute Precedency 29 Lords Courcey and Saâ—sfield dispute the Title of Kingsale 43 Lord High Steward appointed to try Lord Dunboyn by his Peers 42 Limerick deals barbarously with the Heralds 166 and as bad by the Ld Lieut. C. 2. 21 is taken by Ireton C. 2. 69 Lorrain Duke his Negotiation 25 27 M. Mountjoy Lord made Lord Lieutenant 8 goes to England ibid. Monasteries rebuilt 10 Meleâ—ont surrender'd 82 Munster the Transactions there An. 41. 93 Anno 1642. iii 1643. 129 143 1644. 144 1645. 157 1646. 189 1647. 196 1648. 203 Munster Towns revolt C. 2. 12 Mahonyes libellous Book publish'd 198 N. O-Neil Sir Phelim repuls'd at Lisnegarvy 82 yet refused to treat of Peace 87 Nuncio arriâ—es 153 and opposes conclusion of the Peace 155 and delares against it when made 166 and endeavours to intercept the Lord Lieutenant 169 is Generalissimo of two Armies C. 2. 17 which he march'd to Dublin 17 and prefers a 〈◊〉 Wrâ—tch to a 〈◊〉 20â— and Excommunicateâ— the Supram Council c. 199 and leaves the Kingdom C. 2. 3 O. Ormond comes to Dublin 75 obtâ—â—â—â— a Victory in Kilrush 106 and another at Roâ—â— 3 is made Lord Lieutenant 137 is like to be intercepted by the Nâ—â—â—â—io's Party 169 therefore Treate with the Parliament of England 179 and renews that Treaty 187 and surrenders Dublin 193 but returns to Ireland 202 and concludes the Peace of 1648. 204 marches towards Dublin C. 2. 4 is defeated at Rathmines C. 2. 7 Excommunicated by the Irish C. 2. 31 and leaves the Kingdom C. 2. 5â— Oxford the Negotiation of the Irish Agâ—nts there 138 139 140 141. 〈◊〉 P. Papists generally come to Church 9 are mutinous in the Parliament 23 send Agents to England 25 revolâ—e from the Army 86 Parliament intended in Ireland 18 and called 21 disturb'd by the Papists 22 but 〈◊〉 with Effect 30 Plot of the Irish of Ulster discovered 33 another Plot discovered 56 Pope forbids the Oath of Allegiance 141 sende a Bull to the Irish 12â— Proclamation against Popish Clergy 53 St. Patricks Purgatory discovered to be a Cheat 54 Parliament of Ireland sâ—â—d a Râ—monstrance to England 61 and a Petition with a Schedule of Grievances 164 and impeach the Bishop of Derry 〈◊〉 Lord Chanceller c. 65 i◠〈◊〉 Annâ— 1644. 137 and makes a Remonstrance of Thanks to Ormond 188 Pale Lords and 〈◊〉 of it rebel 76 83 are ill used by the Irish of Ulster 93 Peace 〈◊〉 of Anno 1644. 143 the Treaty resum'd Anno 1645. 150 Lord Digby's Letter to hasten it 151 the Assâ—â—blies Declaration concerning it 152 it is opposed by the Nuntio 155 and â—â—butâ—d in the Assembly 156 but is concluded 162 and published 165 and immediately broken 166 and rejected by the Assembly 185 Peace of 1648 made 204 Preston General proclaims the Peace 165 and breaks it 170 his Letter on that Occasion 170 his O-Neals 〈◊〉 Propositions 173 his Engagement and Oath to the Nuntio 170 yet he agrees with Ormond 181 and breaks that Agreement 182 for which Ormond reproaches him 183 Popish Clergy meet at Kilkenny 123 and at Waterford 166 and at Clâ—anmacnoise C. 2. 14 and deal deceitfully with Insiquin and Ormond C. 2. 19 they meet at Jamesâ—Town C. 2. 25 and Excommunicate the Lord Lieutenant and endeavour to revive their first Confederacy C. 2. 50 53 R. Rebellion of the Irish 1641. 72 â—ruel beyond Example 73 93 and no less treacherous 77 79 82 discovered by Owen Oâ—Conally 74 Lords of the Pale engaged in it 76 Irish pretend the Kings Commission 78 Declarat of Irish Parlm against it 80 the King's Proclamation against it 86 Read Sir John rackâ— and why 104 Remonstrance from Longford 80 from the Irish at Trim 110 Rupert Prince at Kingâ—ale C. 2. 1 S. St. John Sir Olâ—ver Lord Deputy 33 is removed 36 and made Lord Grandison c. 36 Spanlard has liberty to raise 4000 Men in Ireland 71 Supream Council appointed 126 are imprisoned by the Nuntio 170 make Cessation with Insiquin 199 are Excommunicat by the Nuntio ib. T. Tyrone Earl renews his submission â— rebels again 12 and is attaâ—â—â—ed ibid. Tredagh besieged by the Irish 88 taken by Insiquin Cromwel C. 2. 4 8 V. Vniversities of Valadolid and Salamanca their judgment 3 Usher Bishop of Meath preaches before the State 39 but is forced to explain his Sermon ib. Ulster Transactions Anno 1641. 98 Anno 1642. 114 1644. 147 1645. 160 1646. 190 1647. 198 1648. 203 W. Waterford loses its Liberties 34 Wentworth Lord made Ld Deputy 55 calls a Parliament ibid. which gave six Subsidies ibid. be returns to England 57 his Speech at the Council-Board ibid. he returns to Ireland 58 and back to England 59 and returns Earl of Strafford and Lord Lieutenant ibid. holds a Parliament which grants four Subsidies ibid. his Impeachment and Defence 66 A Table to the Appendix I. A Letter from the City of Cork II. Owen O-Conally's Examination III. The Irish Remonstrance from Longford IV. The Lords Justices and Councils Letter to the King V. The Irish 〈…〉 VI. An excellent Answer to it VII The Lord Macgâ—â—re's Examination VIII The Lord of Gâ—rmanstown's Commission IX Dr. Jones's Examination X. Dr. Maxwell's Examination XI The Irish Declaration upon what Terms Protestants might live in their Quarters XII The Declaration of the Irish Parliament against the Rebellion XIII The King 's Proclamat against the Rebellion XIV The Irish Oath of Association XV. The Pope's Bull. XVI The Articles of Cessation XVII The Lord Insiquin's Complaint for the Breaches thereof XVIII The Declaration of the English Parliament against the Cessation XIX A Proclamation of an Irish Governor against Commerce with the English XX. The Army's Remonstrance XXI 〈◊〉 Propositions of the Irish Protestants to the King at Oxford XXII Instructions on which they were founded XXIII The Irish Propositions at Oxford and the Answers 〈◊〉 them XXIV The 〈◊〉 of Peace 1646. XXV The Munster â—â—tition against that Peace XXVI The Articles between Sir Kenelm Digby and the Pope XXVII Articles made with the E. of Glamorgaâ— XXVIII The Kings Letter about Glamorgans Peace XXIX The Determination of the Popish Clergy about restoring Churches to the Protestants XXX The Declaration of the Congregation at Waterford against the Peace of 1646. XXXI The Nuncio's Excommunication of the Aâ—â—erents to the 〈◊〉 of 1646. XXXII Preston's Engagement Oath to Nuncio XXXIII Marquesâ— of Clanrickard's Engagement XXXIV Preston's Engagement to the L. Lieutenant XXXV The Declaration of the Papists against the renewed Peace XXXVI The Declaration of the Assembly against the Peace of 1646. XXXVII Clanrickard's Letter about the Proceedings of the Irish XXXVIII Articles between the Mâ—rquesâ— of Ormond and the Parliament Commissioners XXXIX The Remonstrance of the Army in Munster January 1647. XL. Instructions for the Irish Ambassadors 〈◊〉 Foreign Princes XLI Friar King's Letter to the Tâ—t 〈…〉 XLII Ormond's Declaration on his arrival 1648. XLIII Articles of Peace 1648. XLIV A Circular Letter from the Popish Clergy in approbation thereof XLV Remedies proposed by the Popish Clergy and the Answer XLVI The Address of the Popish Clergy to the Lord Lieutenant and the Answer XLVII The Commissions to the Titular Bishop of Fâ—rns c. to treat with Foreign Princes XLVIII The Declaration and Excommunication of the Lord Lieutenant by the Popish Clergy at James-Town XLIX Marquess of 〈◊〉 Information and the Observations thereupon Errata in the Letter Page 14. line 29. dele fourty Page 17. dele 1678 in the Margent
Annum for the other two parts saving and reserving to the King two Cantreds with the Inhabitants and liberty of building Castles therein The King liked the Proposal well enough and communicated it to the Lord Justice and referr'd it to him adding That it would do well if the Lord Justice could squeeze a Fine of four hundred Marks from the King of Connaught together with a yearly Tribute of Cows 1208. to supply such Castles as should be built in those Cantreds Hugh de Lacy was made Lord Deputy upon the Lord Justice his going to England and soon after viz. the Eighth of November the King by Patent Dated at Woodstock whereunto Meyler Fitz-Henry Lord Justice is Witness did confirm to William Fitz Philip Barry the three Cantreds of Olethan Muskry Dunegan and Killedy which Fitz Stephens had given his Father in the Kingdom of Cork 4 Inst 359. to be held of the King by Ten Knights Fees Lib. GGG and he also granted to William Marshal the Marshalship of Ireland in Fee as also the Cantred of Kilkenny About this time Jeofry Morison or Mac Moris was troublesome in Munster wherefore the Lord Deputy invaded Typerary Hanmer 186. and took Thurles he also took Castlemeyler and demolished it but the Irish say he lost more men in this Expedition than he brought back And now the King finding many Complaints of Thieves Tories and Robbers which were become a Nusance in Ireland sent the following Writ for their expulsion REX Meyler Prin 250. fil Henr. Justic Hiberniae c. omnibus aliis Baron fidelibus suis Hibern c. Sciatis quod ad voluntatem consilium dilectorum fidelium nostrorum Com. W. Maresc Walteri de Lacy aliorum Baronum nostrorum Hibern qui nobiscum fuerunt in Angl. per consilium fidelium nostror Angl. volumus statuimus quod Latrones Hibern expellantur de Terra nostra Hibern quod ipsi receptores eorum deducantur secundum Legem Angl. ideo vobis mandamus quod ita fieri faciatis in hujus rei testimonium has Literas nostras Patent vobis mittimus Teste Meipso apud Southhampt 23 Die Martii But Lacy was so elevated with the aforesaid Victories how dear soever they were bought that he look'd on all below him with Contempt and became so impatient of Competition that he was outragious against all his Enemies and particularly against John de Courcy Lord of Raheny and Kilbarrock Natural Son of the great John de Courcy whom the Lacies basely and barbarously caused to be murdered whereupon great Stirs and Dissatisfactions arose in Ireland even among the British Temple 6. whereof the Irish made their advantage Hanmer 187. and under pretence of being burdened with Taxes there was a general Defection throughout all the Realm Dublin was inhabited mostly by a Colony of Bristol Men 1209. and it was customary with them for love of Sport and Air to walk abroad toward Cullenwood every Easter-Monday but now being unarmed they were surprized by the Mountaneers of Wicklow the Birnes and Tooles c. who murdered three hundred of the Citizens wherefore that Day is ever since called Black Monday and for a long time after was solemnly observed by the Mayor Sheriffs and Citizens of Dublin in a brave and splendid manner and to supply this Loss the City of Bristol sent a new Colony to replenish Dublin But the King as well to secure his goverment from the ambition of Lacy whereof he grew exceeding jealous as also to suppress the Rebellion of the Irish found it necessary to make a Voyage to that Countrey and therefore with a considerable Army he sailed thither and on the Eighth Day of June landed at Waterford 1210. where O Neal and above Twenty other Irish Potentates came and made their humble Submissions and did Homage and Fealty unto him The Lacies conscious of their Demerits durst not abide the Arrival of the King but secretly fled into France where in Disguise they served the Abbot of St. Taurin in the quality of Gardeners till their unskilfulness manifested they were not educated in that way which gave the Abbot some suspicion of them and that led him into so strict an Enquiry that to satisfie the Abbot they were obliged to discover the Truth Speed 508. The good man did so sympathize with their Misfortunes and pitied their Distress that he effectually interceded with the King for their Pardon which at length he obtain'd Walter paying for Meath 2500 and Hugh for Vlster 4000 Marks Cattalus or rather Carolus O Conner alias Crovederg the Valiant and Active King of Connaught was the only Man of Note that opposed King John but he was an unequal Match for the King of England Cambden 152. and therefore was easily subdued and taken Prisoner Wherefore the King having no more of Military Matters to execute in Ireland seriously set himself to mend the Civil State of that unfortunate Country and first he caused Money to be Coyned ad Pondus Nummi Angliae and made it currant in both Kingdoms by his Proclamation which was the first Sterling Money that was Coyned in Ireland Lib. M. 25. and this done he set himself to establish the English Laws in that Kingdom For though King Henry had done as much to introduce the English Laws there as that Season and other Circumstances would permit yet partly for want of Sheriffs and the Distribution of the Kingdom into Counties but chiefly because of the unsetledness of the Country and the rebellious humour of the Irish it could not at that time be fully effected Wherefore King John to supply those Defects as far as he was able divided Leinster and Munster the only part he had in quiet and actual possession into the Counties of Dublin Kildare Meath Vriel Caterlogh Kilkenny Wexford Waterford Cork Limerick Typerary and Kerry and appointed Sheriffs and other Officers for them after the manner of England He also caused an Abstract of the English Laws and Customs to be drawn in writing Inst 141. b. 4 Inst 349. whereunto he affixed his Seal and left it in the Exchequer in Dublin and by general consent in Parliament and at the instance of the Irish he ordained that the English Laws and Customs should thenceforward be observed in Ireland Temple 6. and in order to it he erected Courts of Judicature at Dublin But the Brehon Law and the other Irish Customs indulged more to the Tyrannie of the great Men and yet did not hold the Commons to a strict and regular Discipline as the Laws of England did and therefore the very English were so corrupted by ill Example that the English Laws were not regarded nor had in Estimation as they ought but were look'd upon both by the Irish and degenerate English Davis 90. lib. M. as a Yoke of Bondage so that Henry III was necessitated oftentimes to enjoyn the Observation of them In
the King appointed no small Provision was made for so eager a Combat as that was presupposed to have been But when the prefixed Day approached near Vescie turning his great Boast to small Roast began to cry Creak and secretly sailed into France King Edward thereof advertised bestowed Vescies Lordships of Kildare and Rathingan on the Baron of Ophaly saying That albeit Vescie conveyed his Person into France yet he left his Lands behind him in Ireland Mr. Pryn makes an Observation on this Case Pryn 259. as if an Appeal between Vescie and Fitz-Girald in Ireland had been adjourned to England But to make the Remark useful it is necessary not only to consider what he says but also to consult the Records which he cites William Hay 1294. Lord Deputy to whom a Writ was sent to admit Thomas Saintleger Bishop of Meath to be of the Privy Council And not long after John Fitz-Thomas return'd to Ireland big with Glory and Success which transported him to a Contempt of all his Opposers he began with Richard Burk Cambdens Ann. Earl of Vlster whom together with William Burk he took Prisoners in Meath by the assistance of John Delamere and confined them to the Castle of Ley. But he had not so good luck in Kildare which was made the Seat of the War so that between the English and Irish it was entirely wasted the Castle of Kildare was also taken and the Records of that County burnt by Calwagh Brother to the King of Ophaly And these Misfortunes were accompanied with great Dearth and Pestilence William Dodingzel Lord Justice found Work enough to struggle with these Difficulties and the rather because John Fitz-Thomas appeared again with a great Army in Meath But the Parliament soon after met at Kilkenny 1294. and obliged him to release the Earl of Vlster taking his two Sons Hostages for him And it seems that this did not satisfie the Complainants but that they impeached him at the Parliament in England Lib. GGG 23 E. 1. for divers Offences and Felonies done in Ireland Lambeth He protested he could clear himself by Law but because he would not Prin 259. cum ipso Domino Rege placitare he submits himself wholly to the King's Favour 1295. into which he was received upon Pledges for his future demeanour and 't is probable he was also obliged to release his Claim to the Castle of Sligo and other his Lands in Connaught which was the Occasion of all this Stir About Easter the King built the Castle of Beaumorris in Wales 1295. for the better security of a Passage to and from Ireland And about the same time Bishop Vsher's life 34. the King required Aid to marry his Sister to the Emperour and such as did contribute thereunto are mentioned in the Pipe-Rolls of the Exchequer In the mean time on the third Day of April the Lord Justice died and during the Interval of Government the Irish made use of the Opportunity and wasted great part of Leinster burnt Newcastle and many other Towns But at length the Council chose Thomas Fitz-Maurice Fitz-Girald Lord Justice he was nicknamed Nappagh Simiacus or the Ape because when his Father and Grand-Father were murdered Frier Russel M. S. at Calan the Servants on the news of it run out of the House as if distracted and left this Thomas in the Cradle whereupon an Ape which was kept in the House took up the Child and carried him to the top of the Castle of Traly and brought him down Safe and laid him in the Cradle to the admiration of all the Beholders This Lord Justice was Father of the first Earl of Desmond and was so great a Man that he is often styled Prince and Ruler of Munster But it seems he supplyed the Place of Lord Justice but a very short time for John Wogan 1295. Lord Justice arrived from England on the eighteenth of October He made a Truce for two Years between the Burks and the Giraldines and received a Writ to take the Fealty of the Abbot of Owny in the County of Limerick and having called a Parliament which it seems setled Matters to his Mind he went with a smart Party to aid the King in Scotland His Majesty nobly feasted them at Roxborough Castle and they in requital did the King very good Service But that you may see what sort of Parliaments were in Ireland in those Days I will present the Reader with a List of this Parliament Richard de Burgo Earl ofVlster Geofry de Genevil John Fitz-Thomas afterwards Earl of Kildare Thomas Fitz-Maurice Nappagh Theobald le Butler Theobald de Verdun Peter de Brimingham of Athenry Peter de Brimingham of Thetmoy Eustace de Poer John de Poer Hugh de Purcel John de Cogan John de Barry William de Barry Walter de Lacy. Richard de Excester John Pipard Water L'enfant Jordan de Exon. Adam de Stanton Symon de Phipo William Cadel John en Val. Morris de Carew George de la Roch. Maurice de Rochfort Maurice Fitz-Thomas of Kerry William de Ross 1296. Prior of Kilmainham was left Lord Deputy to Wogan but either the Irish did not fear him being a Clergyman or they thought this a time of Advantage whilst the Lord Justice and many of the Nobility and best Soldiers were in Scotland and therefore to improve it as they were used to do they rose in Rebellion in several Places Those of Slewmargy burnt Leighlin and other Towns 1297. But O Hanlon and Mac Mahon met with more Opposition in Vrgile for they were both slain John Wogan 1298. Lord Justice returned again from Scotland in October and throughly reconciled the Burks and the Giraldines and kept every thing so quiet that we hear of no Trouble in a great while except some Disturbance the Irish gave to the Lord Theobald de Verdun in attacking his Castle of Roch. Pollard Mony was now decryed both in England and Ireland 1300. and the King did again enter Scotland and sent to Ireland for Aid and wrote not only to the Lord Justice but also sent particular Letters to every one of the Nobility to attend him Whereupon the Lord Justice accompanied by John Fitz-Thomas Peirce Brimingham and many others made a second Expedition into Scotland with good Success In the mean time part of the City of Dublin and particularly S. Warberg's Church was burnt on S. Colme's Eve and the Irish were again at their usual Pranks taking Advantage of the Lord Justices absence who I suppose did again depute William de Ross and in Winter assaulted and burnt Wicklow and Rathdan 1301. but they were well paid for their pains and in Lent had been ruin'd but for the Dissention and Discord of the English and in the Harvest before some of the Irish also had their share of Civil Discord for they fell out amongst themselves so that the O Phelims and O Tools slew three hundred of the Birns
Andrew Birmingham Nicholas de London and many others were slain and though the Lord Justice lost his Son Richard Lord of Athenry who died about this time yet all this did not hinder him from attending the King but he left in his place Ralph de Gorges Lord Deputy or Governor who continued so until the Second Day of February 1323. and then he was superseded by Sir John Darcy 1323. Lord Justice in whose time Philip Talon and his Son Fragm 7. and eight and twenty others were kill'd by Edmond Butler Rector of Tillagh and amongst the Records in the Tower of London Anno 15. E. 2. This notable Memorandum is to be found viz. In Abbathia Melifontis talis inolevit Error Lib. GGG quod nullus ibi admittatur in domum praedictam nisi primitus facta fide quod Non sit de genere Anglorum About this time Sir Henry Traherne took Mac Morough and kill'd O Nolan and four and twenty of his Followers It seems the King was muâ—h in the Favour of Pope John the twenty second for besides the aforesaid Release of the Peter-Pence the Pope did this Year 16 Edw. 2. impose a Disme on the Irish Clergy for two Years Lib. GGG payable to the King and commanded the Dean and Chapter of Dublin to levy it but the Prelates and Clergy refused to pay it to them unless they would shew the Original Bull. But on the the twenty fourth of November Vide postea ad annum 1344. at Notingham the King by assent of his Council made and published most excellent Ordinances for the Reformation of Ireland Pryn. 264. which are to be found at large in Mr. Pryns Animadversions on the fourth Institutes and are to this effect I. That no Officer of the Kings in Ireland whilst in Office shall purchase Lands or Tenements within their Jurisdiction on Pain of forfeiting the same II. That no Man by colour of his Office take Victuals or any other thing without the consent of the Party unless in case of Necessity for the Publick and then he must have the Advice of the greatest of the Council and a Writ out of the Chancery or unless he have the King's Letters or an Order from the Chancery of England III. That the Exportation of Corn to England or Wales be not hindered the Party paying the usual Customs be he Native or Stranger and giving Security not to carry it to our Enemies IV. That the Lord Justice take but four Pence for the Seal and two Pence for the writing of a Bill of Grace and that the Marshal take but four Pence for a Commitment V. No Protections or Pardons to be granted to Felons without special Order under one of the Seals of England VI. No Writs to be obeyed except such as are under the great Seal or the Seal of the Exchequer if the matter concerns that Court Lastly That the Lord Justice shall not adjourn Assizes before him unless he be present in the same County nor for any longer time than he continues there And at the same time a Writ issued to the Chancellor of Ireland Ibid. 26â— to Publish Enrol and Observe the aforesaid Ordinances and to send the Exemplifications of them to the rest of the Courts By reason of the fourteen Years Truce the King had made with the Scots 1325. there was not much other Disturbance in Ireland than what was occasioned by private Murders Walter de Valle and his Son were slain near Nenagh and the Lord John Barry of Hely a very stout Man was murthered by the O Kerals and therefore to fill up this Space I will insert the Famous or rather foolish Story of Alice Kettle in the Words of my Author In those Days lived in the Diocess of Ossory Holingshead 69. the Lady Alice Kettle whom the Bishop ascited to purge her self of the Fame of Inchantments and Witchcraft imposed unto her and to one Petronil and Basil her Complices She was charged to have nightly Conference with a Spirit called Robin Artisson to whom she sacrificed in the High-way nine red Cocks and nine Peacocks Eyes Also that she swept the Streets of Kilkenny between Complin and Twilight raking all the Filth towards the Doors of her Son William Outlaw murmuring and muttering secretly with her self these Words To the House of William my Son Hie all the Wealth of Kilkenny Town At the first Conviction they abjured and did Penance but shortly after they were found in Relapse and then was Petronil burnt at Kilkenny the other twain might not be heard of she at the Hour of her Death accused the said William as privy to their Sorceries whom the Bishop held in Durance nine Weeks forbidding his Keepers to eat or drink with him or to speak to him more than once in the Day but at length through the Suit and Instance of Arnold le Powre then Seneschal of Kilkenny he was delivered and afterwards he corrupted with Bribes the Seneschal to persecute the Bishop so that he thrust him into Prison for three Months In rifling the Closet of the Lady they found a Wafer of Sacramental Bread having the Devil's Name stamped thereon And a Pipe of Oyntment wherewith she greased a Staff upon which she ambled and galloped through thick and thin when and in what manner she listed This Business about these Witches troubled all the State of Ireland the more for that the Lady was supported by certain of the Nobility and lastly conveyed into England since which Time it could never be understood what became of her At Whitsontide 1326. the Parliament met at Kilkenny and thither the Earl of Vlster and most of the Nobility came what they did does not appear Lib. GGG saving that five thousand Quarters of Corn were sent out of Ireland to Aquitain for the King's use about this time and it is probable they raised Mony to pay for it Cambden tells us That the Earl of Vlster made a great Feast at this Parliament and that not long after he died But we must make a step to England before we can come to an end of this Unfortunate Reign and there we shall find the King for his Male administration in Disgrace with his People and which was worse reduced under the Power and Scorn of an Adulterous Wife the consequence of these things was That he was first imprisoned and afterwards murthered in Berkly Castle In this King's Reign flourished the famous Irish Philopher Johannes Dunus Scotus commonly stiled Doctor subtilis And it was in the same Reign that the Lord Mortimer Owner to Proprietor of Leix now Queens County being obliged by his Inclination or Business to reside in England did entrust one of the Omores with the management of his Estate but in process of time the Irishman sets up for himself and for a long time enjoyed that Country and still pretends a Right to it although his Claim is built on this perfidious and ungrateful Foundation Davis 198
in Ireland by any of the Kings Officers without his special License contrary to the aforesaid Ordinance of Edw. 2. And so on the 8th day of September Lionel Duke of Clarenâ—e 1361. Earl of Vlster and Lord of Connaught came over Lord Lieutenant and brought with him an Army of fifteen hundred men by the Pole and his Entertainment was thirteen shillings and four pence per diem and two shillings apiece for eight Knights six pence apiece for three hundred and sixty Archers on Horseback out of Lancashire and two pence apiece for twenty three Archers out of Wales Under him was Ralph Earl of Stafford who had six shillings and eight pence per diem for himself four shillings for a Baneret two shillings apiece for seventeen Knights twelve pence apiece for seventy eight Esquires and six pence apiece for an hundred Archers on Horseback Davis 30 31. and four pence apiece for seventy Archers on foot And James Earl of Ormond had four shillings per diem and two shillings apiece for two Knights and twelve pence apiece for twenty seven Esquires six pence apiece for twenty Hoblers armed four pence apiece for twenty Hoblers unarm'd And Sir John Carew Baneret had four shillings per diem and two shillings for one Knight and twelve pence apiece for eight Esquires and six pence apiece for ten Archers on Horseback And Sir William Windsor had two shillings per diem and for two Knights two shillings each for forty nine Squires twelve pence apiece and for six Archers on Horseback sixpence apiece Upon his coming over Proclamation was made to remand out of England all Men that held Land in Ireland on pain of Forfeiture of their Land because he thought that by his Army 36 Edw. 3. m. 21. and the assistance of the English of Birth he should be able to do great Feats without the assistance of the old English and therefore he also proclaimed That none of the old English should joyn his Army or approach his Camp which gave great offence to those that were the Progeny of the first Conquerors and had hitherto preserved the Kingdom by their Valour However the Duke marched his Army against O Brian but not being acquainted with the Country nor the Manners of the Irish he soon lost an hundred of his Men and thereby found the want of the old experieneed English whom he at first rejected but he timely repair'd his Error by another Proclamation inviting and requiring them to come to him whereupon they united and the Affair proceeded prosperously so that O Bryan was subdued Hereupon the Duke made many Knights as well of Old as New English and some time after he removed the Exchequer to Caterlough and bestowed five hundred Pounds in walling that Town He did many other good Acts so much to the Satisfaction of the whole Kingdom that as well the Clergy as the Layity gave him two Years Profit of all their Lands and Tithes towards the maintenance of the War here He was the first that kept the Army under Discipline so that they were not grievous or burthensom to the Country as they used to be And so having behaved himself very well in Ireland he returned to England on the twenty second of April leaving James Butler 1364. Earl of Ormond Lord Deputy This Lord obtained a Licence from the King to purchase Lands to the value of sixty Pound per annum Lib. CCC non obstante the Statute or Ordinance That no Officer of the King's should purchase within his Jurisdiction But on the eighth Day of December Lionel Duke of Clarence Lord Lieutenant came over again but made a very short Stay before he left the Kingdom and deputed Sir Thomas Dale 1365. Lord Deputy in whose time great Contest arose between the Birminghams of Carbry and the Inhabitants of Meath for the very English were now grown so degenerate that they preyed and pillaged one another after the barbarous manner of the Irish so that Sir Robert Preston Chief Baron who had married one of the Daughters and Coheirs of Sir Walter Birmingham was forced to put a good Guard into his Castle of Carbry to secure his Estate against his seditious Neighbours Hereupon Lionel Duke of Clarente 1367. Lord Lieutenant came over again and held that renowned Parliament at Kilkenny which made that famous Act which is so often cited by the name of the Statute of Kilkenny The Bishops of Dublin Cashel Tuam Lissmore Waterford Killaloo Ossory Leighlin and Cloyne Lib. D. who were present at this Parliament did fulminate an Excommunication against the Transgressors of that Law The Lords and Commons sat together at the making of it and the Statute it self is in French and to be seen at large in the Library at Lambeth libro D. but the effect of it is That the Brehon Law is an evil Custom Davis 112 191. and that it be Treason to use it That Marriage Nursing and Gossiping with the Irish be Treason That the use of Irish Name Apparel or Language be punished with the loss of Lands or imprisonment until the Party give Security to conform That the English should not make War upon the Irish without Order of the State That the English should not permit the Irish to Creaght or graze upon their Land Nor present an Irishman to an Ecclesiastical Benefice Nor receive them into Monasteries or Religious Houses Nor entertain any of their Minstrels Rhimers or News-tellers Nor cess Horse or Foot upon the English Subject against his Will on Pain of Felony And that Sheriffs might enter any Liberty or Franchise to apprehend Felons or Traytors And that four Wardens of the Peace should be appointed in every County equally to assess every Man's Proportion of the publick Charge for Men and Armour But it seems this Statute did not affect the Irish because they were not amesnable to Law for notwithstanding this Act the Irish did always use their Brehon Law until the third Year of King James I. Nevertheless this Law Davis 193. together with the Presence of the King's Son and the Discipline he used did very much reform the degenerate English so that the Revenues certain and casual of Vlster and Connaught were thenceforward accounted for in the Exchequer and the King's Writ did run in both those Provinces and therefore this Statute was revived and confirmed by 10 Hen. 7. cap. 8. It is to be noted Lib. D. That at this time the Price of a Cow was but ten Groats and the Pay of a Foot-Soldier was but two Pence a Day whereof he paid a Penny for his Victuals Nor must it be forgot That about this time it was declared in England That the King could not by Law alienate his Dominions And that King John his Submission to the Pope being contrary to his Coronation Oath and to Law was utterly void But let us return to the Lord Lieutenant who having concluded this Parliament to his Mind went to
Pretence was Ridiculous because there were others of the same Lineage before him in the Pedigree and it was notorious That the Right of Succession was in Ann Daughter of Roger Mortimer Earl of March Son of Philippa Daughter of Lionel Duke of Clarence third Son of King Edward III. and accordingly her Grand-son afterwards possest the Kingdoms by the Name of Edward IV. And also finding that it was more vain to claim by Conquest when there was no fighting he was at last forced to rely on the Consent and Election of the People which was the Title his Embassadors insisted upon in the Courts of Foreign Princes Thus was the Foundation laid of those tedious and bloody Wars that afterwards ensued between the Houses of York and Lancaster commonly distinguished by the Appellations of the Red-Rose and the White that being the cognizance of the House of Lancaster and this the Badge of the Family of York This King was crowned on the thirteenth Day of October anno Dom. 1399. 1399. and Ireland was committed to the Care of Sir John Stanly 1399. Lord Lieutenant who came over thither Cotton's Records 390. on the tenth Day of December In his time the King obtained a Subsidy in England for three Years to provide for the Affairs of Ireland c. And about Whitsontide the Constable of Dublin-Castle and others near Strangford in Vlster encountred the Scots at Sea 1400. but with very ill Success for many Englishmen were there slain and drowned About this time the Town of Kilkenny was walled by Robert Talbot 1401. And about May the Lord Lieutenant repaired to England leaving his Brother Sir William Stanly Lord Deputy who on the twenty third Day of August surrendred unto Stephen Scroop Lord Deputy to the King's Son Thomas Duke of Lancaster who it seems came over only to provide and prepare for the Reception of Thomas Duke of Lancaster Seneschal of England and Lord Lieutenant of Ireland who landed on S. Bines-Day And on the fifth of July John Drake Mayor of Dublin with a Band of Citizens encountred and defeated four thousand Irish Outlaws near Bray in the Borders of Wicklow and slew four hundred ninety three of their best Men. This Lord Lieutenant held a Parliament in Dublin 1402. in September during which Sir Bartholomew Verdon James White Christopher White and Stephen Gernon slew John Dowdal Sheriff of Louth in Vrgile and committed sundry other Felonies and Robberies for which they were Outlawed and their Estates disposed of by Custodiam Cotton's Records 431. but afterwards the King pardoned them their Lives and restored them their Estates during their respective Lives only In October Daniel O Birne Lib. D. for him and his Sept or Nation submitted to the Lord Lieutenant and promised Allegiance and good Behaviour and to manifest his Sincerity he granted to the King the Castle of Mackenigan with the Apurtenances And on the thirteenth of December the Lord Lieutenant by Indenture set the Ferny in the County of Louth except the King's Castle to Aghy mac Mahon for Life Davis 48 at the Rent of ten Pound per Annum and Mac Mahon covenanted to be a good Subject And in February following O Reyly covenanted with the Lord Lieutenant and also swore to perform to the King during the minority of Mortimer all the Covenants he was obliged to perform to Roger Mortimer Earl of March and Vlster In May Sir Walter Betterly Steward of Vlster 1403. and thirty English were all slain And on the eleventh of November following the Duke returned to England and left Sir Stephen Scroop Lord Deputy 1404. who on the twenty sixth Day of October resigned to James Earl of Ormond 1405. Lord Justice who in April 1405 held a Parliament at Dublin and there the Statutes of Dublin and Kilkenny were confirmed as also the Charter of Ireland And this good Act was followed by good Success for in May two Scotch Barks were taken near Greencastle and another near Dalkye with their Captain Macgolagh Moreover the Merchants of Droghedae made Incursion into Scotland and brought thence both Pledges and Preys And the Dublinians also entred Scotland at S. Ninian and behaved themselves valiantly They also did the Welsh much harm and brought from thence the Shrine of S. Cubins which they placed in Christ-Church Dublin However the Irish burnt Oghgard and on the sixth of September the Lord Justice died at Gauran and was succeeded by Girald Earl of Kildare 1406. who probably was chosen Lord Justice by the Council In his time the Dublinians and their Neighbours on Corpus Christi-Day vanquished the Irish Enemies and took three Ensigns and brought to Dublin the Heads of those they had slain And the Prior of Conal had as good Success in the Plains of Kildare for with twenty Englishmen he defeated two hundred Irish and killed many of them But after Michaelmas came over Sir Stephen Scroop Lord Deputy He held a Parliament at Dublin in January which in the Lent after ended at Trim And about the latter end of February Meyler Birmingham slew Cathol O Connor About May the Lord Deputy 1407. accompanied with the Earls of Ormond and Desmond the Prior of Kilmainham and other Captains and Gentlemen of Meath set out from Dublin and invaded the Territory of Mac Morough at first the Irish had the better but at length the Constancy and Resolution of the English prevailed and O Nolan and his Son and others were taken Prisoners and after this was done they marched speedily to Calan in the County of Kikenny upon some Intelligence they had of the Rebels being thereabout and they so surprized them that the whole Party was routed and O Carol and eight hundred Men slain upon the Place But in June the Lord Deputy went to England and the Nobility and Council elected James Earl of Ormond Lord Justice In whose time a barbarous Tory called Mac Gilmore who is reported to have destroyed forty Churches and was never Christened had taken Prisoner Patrick Savage a Gentleman of great Esteem in Vlster they agreed upon his Ransome to be two thousand Marks and his Brother Richard was to become Hostage for it But this Subtle Barbarian managed the matter so that he received the Ransome according to Agreement and afterwards he murdered both the Brethren This Lord Justice held a Parliament at Dublin 1408. which confirmed the Statutes of Dublin and Kilkenny and also the Statute against Purveyors And on the second of August Thomas Duke of Lancaster came over Lord Lieutenant It seems that the Terms on which he undertook the Government were these First Lib. G. He was to hold the Place for seven Years Secondly He was to have five hundred Men at Arms and one thousand Archers for three Years Thirdly To have a Years Pay in Hand and afterwards to be paid every half Year Fourthly One thousand Marks per annum for himself and to be paid the Charge of Transportation
his Reward And this is all I find done in Ireland during this Kings Reign 1485. which ended at the Battel of Bosworth on the two and twentieth Day of August 1485. THE REIGN OF HENRY VII King of England c. And LORD of IRELAND HENRY TVDOR 1485. Earl of Richmond Heir of the House of Lancaster by the Victory at Bosworth obtained the Crown of England and had the more solemn Possession of it at his Coronation on the thirtieth Day of October following To these two Pretences of Conquest and Possession he added the more specious Title of an Act of Parliament and yet thought himself not secure until he married Elizabeth Daughter of Edward IV in whom the Right really lay she being Heiress of the House of York However he governed as in his own Right and that so absolutely that he suffered not the Queen to intermeddle in State Affairs even so much as was usual for the Wife of a King Gerald Earl of Kildare whom he found Deputy to the Earl of Lincoln Wares Annals 2. he continued Deputy to the Duke of Bedford he also continued the Chancellor Treasurer and other Officers of State whom he knew partial to the White-Rose without joyning others of his own Party with them because he would theâ—eby insinuate That he had a Confidence in their Integrity and that he was elevated above Fear or Suspicion Nevertheless Sir Thomas Butler Earl of Ormond whose Family were fast Friends to the House of Lancaster and for which they had suffered exceedingly was not neglected but was by Act of Parliament in England restored both to Honour and Estate and soon after he was sworn of the Privy Council in England Lib. G. Lamb. And it seems that the Family of Desmond was also restored because I find that the Lord of Kerry did this Year recover some Lands in that County by Assize in the Court-Palatine there before Thomas Copinger Gent. Seneschal of the Liberties of Kerry unto James Earl of Desmond I should not have observed that Edmond Courcy was now made Bishop of Clogher but that he was the first Englishman that ever sat in that See There is not much mention made of any Disturbances this Year Ware 3. except that remarkable Contest between James Keating and Marmaduke Lumley about the Priory of Kilmainham Keating had been deprived by the great Master of that Order anno 1482 being accused of pawning or selling divers Ornaments of the House and particularly a Piece of the Cross and for alienating and incumbring the Revenues of the Priory and Lumley was substituted in his room but as soon as Lumley arrived at Clantarfe to take possession of his new Dignity Keating with a Company of Men came thither and took him Prisoner and detained him in Custody until he resigned all the Writings and Instruments of his Election and Confirmation and then Keating gave him the Preceptory of Kilsaran in the County of Louth But Lumley complained of this Usage as well to the King of England as to the great Master of the Order at Rhodes and at length prevailed to get Keating excommunicated whereas he was so inraged that he turned Lumley out of his Preceptory by Force and put him in Prison in spight of Octavianus de Palatio Archbishop of Armagh who did his Endeavour to protect Lumley It is probable that Lumley died in Prison because we hear no farther of him and because it is certain he never came to be Prior And as for Keating although he did make a shift to keep the Priory almost nine Years afterward by strong Hand yet at last he was ignominiously ejected and died in Poverty and Disgrace being succeeded by James Vale. It became a Question this Year in England 1 Hen. 7. 4. b. How the Attainder of this King should be taken off but it was unanimously resolved by all the Judges That the Possession of the Throne or the Assumption of the Royal Dignity did take away all Imperfections Incapacities and Attainders whatsoever And it is observeable that the Judges say The taking upon him to be King did all this for the Crown did not Descend to Henry VII because he was not the true Heir but afterwards married her that was so Nor can any thing properly descend to a person attainted because the Blood is corrupted so that he cannot be Heir to any Body But the King perceiving that the Faction of York was at work in Ireland 1486. sent for the Lord Deputy to repair to him into England but he being loath to undertake that Journey procured Letters from the Council June 4. importing That his Presence was so necessary in Ireland that he could not at present be spared from that Government And by these Means he excused himself for a while In the mean time Lambert Symnel a Youth of a lovely and fascinating Countenance and of a princely Behaviour was well instructed by a crafty Priest Sir Richard Symon to personate the Earl of Warwick only Son of George Duke of Clarence for which Duke being their Countryman born the Irish had a wonderful Respect as indeed they had generally for all the Family of York This Youth had learned his Lesson so well that Margaret Dutchess of Burgundy resolved to set him up against King Henry although there were two great Flaws in this Contrivance The one was That the true Earl of Warwick was in King Henry's Hands in the Tower of London The other That he was not right Heir to the Crown because there were Children of King Edward the Fourth still living Nevertheless she sent this Counterfeit Prince to Ireland where he met with all the Countenance he could desire as well from the Lord Deputy as from almost all the rest of the Nobility Gentry Clergy and People the Archbishop of Armagh the Bishop of Clogher and the Families of Butler and S. Lawrence and the City of Waterford only excepted And though the King caused the true Earl to be taken out of the Tower and shewn publickly in London which marred all their Designs there yet the Irish were not thereby Discouraged but confidently accused the King of Imposture as he did them and therefore that Project was not so effectual to him as was another of getting a Bull from the Pope requiring the Clergy to excommunicate the Rebels as often as the King should desire it which did him a great deal of Service But Mac Mahon took advantage of these Stirs and invaded Louth which he burnt and preyed according to the Custom of making War in those Days he destroyed twenty eight Villages in that Country And the Tempest was no less fatal to Vlster where it rooted up Trees and threw down Houses In May the Dutchess of Burgundy sent over two thousand Germans under the Command of Martin Swart an old Soldier with them there came the Earl of Lincoln the Lord Lovel and others and were kindly received and lovingly entertained by the Nobility Gentry and People of
Resumption of all the Grants made by the Crown since the last day of the Reign of King Edward the Second Lib. G. except some Particulars mentioned in the Act and another Act Rot. Parl. c. 41. attaints the Earl of Kildare and his Brother James for High Treason for corresponding with O Hanlon and seizing the Castle of Caterlogh for extorting Coyn and Livery and for treating with the King of Scotland however he was afterward acquitted in England and received into favour and perhaps there was another Act to dissolve the Fraternity of S. George for it is certain that about this time that Brotherhood fell and so I have done with this Famous Parliament when I have told you that it is a Mistake in the Printed Statute-Book to place it anno 1495 because it is manifest That November 1494 was in the tenth Year of this King's Reign It is scarce worth mentioning Ware 43. That during this Parliament the Lord Deputy made another Expedition into Vlster because the Irish fled into their Fastnesses so that he reaped but small Fruit for his Journey In his Absence he left a Commission with the Chanchellor to continue adjourn prorogue or dissolve the Parliament as he saw cause About this time Cormock mac Teige mac Carthy of Muskry 1495. was basely murdered by his Brother Owen Ancestor of the Mac Carthyes of Cloghroe and was buried in the Abby of Kilcrea which he himself had founded But let us return to Perkin Werbeck who set sail from Flanders with about six hundred Men and arrived on the Coast of Kent but he found ill treatment there for one hundred and sixty of his Men were taken Prisoners and afterwards executed Thence he sailed to Ireland where he staid some time in Munster probably at Cork but finding the Irish unable to give him any considerable Assistance and fearing the Forces of the Lord Deputy he went thence into Scotland and by that King's Consent married the Earl of Huntly's Daughter who was nearly related to the Crown of Scotland The King of Scots did invade England in favour of Perkin but finding that none of the English came to assist the Impostor he wasted Northumberland and returned And thus Sir Edward Poynings drove Perkin out of Ireland and suppressed his Abettors and established many good Laws which though for the present they extended no further than the Pale yet their Effect and Influence increased and inlarged as fast as the King's Authority did so that those Statutes are at this day in full force over all the Kingdom And the King finding Ireland in so quiet a condition recalled the Lord Deputy and for his good Service made him Knight of the Garter And in his place appointed Henry Dean 1495. Bishop of Bangor Chancellor of Ireland and afterwards Archbishop of Canterbury 1496. to be Lord Justice and on the twenty sixth of April William Ratcliff was made Vice-Treasurer and John Pimp Treasurer at War and on the twenty fifth of June the Lord Delvin was made General for defence of the Pale and in July Octavianus Archbishop of Armagh held a Synod at Droghedah the Acts whereof are not to be found and in August Hugh O Donel being returned out of Scotland encountred and defeated O Connor near Sligo Whereupon he besieged the Castle of Sligo but without Success for being frightned with the News of the Approach of the Burks of Clanrickard he raised the Siege and retired in hast towards Tyrconnel But Burk was not so satisfied but burnt and destroyed all the adjacent Territories that belonged to O Donel's Partisans But the Earl of Kildare was still kept in Prison in England for Grief whereof his Countess died The Earl was accused of burning the Church of Cashel and many Witnesses were ready to prove it when contrary to all their Expectations he readily confessed the Fact and swore by Jesus That he would never have done it but that he thought the Archbishop was in it Which being uttered with a bluntless peculiar to this Lord did exceedingly work upon the King for whilst the Earl did so earnestly urge that for his Excuse which was the greatest Aggravation of his Crime the King easily perceived That a Person of that Natural Simplicity and Plainness could not be guilty of those Finesses and Intrigues that were objected against him It is reported of this Earl That he desired the King to permit him to have Council to manage his Cause since he was altogether unqualified to deal with such cunning Knaves as his Adversaries The King told him He should have what Counsel he would choose and that it concerned him to get Counsel that were very good for that he doubted his Cause was very bad The Earl replied That he would pitch upon the best Counsel in England Who is that said the King Marry even your Majesty quoth the Earl Whereat the King laughed But nevertheless he so requited Kildare for his Complement that when the Adversary concluded his Oration That all Ireland could not govern this Man the King took that occasion to make reply That therefore he was the fittest Man to govern Ireland Ware 49. And so for his Jest-sake made him Lord Lieutenant of that Kingdom by his Letters Patent of the sixth of August and restored him to his Honour and Estate Nevertheless the King kept the Earls eldest Son Girald as Hostage of the Father's Fidelity which proved to be a matter of Caution rather than of Necessity for no body could behave himself with more Loyalty to his Prince nor more Vigor against the Irish than the Earl of Kildare did from henceforward But to proceed Girald Earl of Kildare 1496. being made Lord Lieutenant in a short time after he had received the Sword marched towards Thomond against O Brian he went through the City of Limerick and took the Castle of Feyback from Finin Mac nâ—marra and afterwards took and rased the Castle of Ballyniti or Ballynice and so returned to Dublin and was reconciled to the Archbishop of Armagh to their mutual Ease and Quiet and to the great Advantage of Publick Affairs which often suffer especially in Ireland by the private Animosities of the Grandees But the Bishop of Bangor was recalled into England and Walter Archbishop of Dublin was made Lord Chancellor in his stead This good Archbishop in a Synod at Dublin anno 1492 procured a Pension for a Divinity-Reader there to be paid by him and his Suffragans and their Successors for ever And it is reported of him That being present when a famous Orator made a most eloquent Speech to the King his Majesty asked the Archbishop How he liked the Oration The good old Man replied That he saw no other Fault in it but Flattery As God shall love me quoth the King That is the very Fault I my self espied The King by advice of the Lord Lieutenant resolved to pardon those great Men that had been concerned with Perkin Warbeck lest Despair might induce
secret and of great forecast very staid in Speech dangerous of every Trifle that touched his Reputation Kildare was open and plain hardly able to rule himself when he was moved to Anger not so sharp as short being easily displeased and sooner appeased being in a Rage with certain of his Servants for Faults they committed one of his Horsemen offered Master Boice a Gentleman that retained to him an Irish Hobby on condition That he would pluck an Hair from the Earl his Beard Boice taking the Profer at rebound stept to the Earl with whose good Nature he was throughly acquainted parching in the Heat of his Choler and said So it is and if it like your good Lordship one of your Horsemen promised me a choice Horse if I snip one Hair from your Beard Well quoth the Earl I agree thereto but if thou pluck any more than one I promise thee to bring my Fist from thine Ear. But after all this simple Story is founded on a Mistake for the Earl of Ormond whose Name was Thomas lived in England in great Repute all the Reign of Henry the Seventh and afterwards until his Death anno 1515 and therefore the Person intended by the Story must by Sir James Ormond formerly Lord High Treasurer whom I have often mentioned in the Reign of the last King But this digression has been too long 1513. let us therefore return to the Lord Deputy whom we shall find animated with the last Years Success and resolved to invade Ely O Carol early in the Summer but his Preparations being great took up more time than he thought they would require but at last they were got ready and he began his March in August but at Athy he fell sick and from thence was removed to Kildare where on the third Day of September he died and was buried in Christ Church in Dublin to which he had been a liberal Benefactor And thus were the great Designs of this mighty Lord defeated even in the midst of his Career and at the very time when he promised himself most Glory and Success Gerald Earl of Kildare Son of the deceased Earl and Lord Treasurer was by virtue of the Act of Parliament formerly mentioned anno 10 Hen. 7. and by reason of his Place of Treasurer Spelm. Glos 334. made Lord Justice by assent of the Council But it seems that afterwards viz. 32 Hen. 8. there was a Statute made intituled An Act for the electing of the Lord Justice which restrained the Council from electing any body but an Englishman born and not in Orders The Lord of Slane was made Lord High Treasurer and Sir William Crompton Lord Chancellor and all other publick Matters were ordered as well and expeditiously as they could nevertheless so much time was taken up in these Alterations and in the Formalities of State that the Season was too far spent for any military Action this Year so that Daniel Mac william met with little Interruption in taking the Castle of Dunluce nor did the rest of the Irish find any Opposition this Winter but ravaged over the Country as they pleased However they paid dearly for it the next Spring For the valiant Earl of Kildare 1514. who was Heir to his Fathers Courage as well as to his Honour grew impatient at the Insolencies of O More and O Reyly and therefore resolved to attack them successively He began with O More and invaded the county of Leix and beat that Rebel and his Party into the Woods which being done he turned aside into the Brenny and took the Castle of Cavan and having slain Hugh O Reyly and many of his Followers he chased the rest into their inaccessible Fastnesses and then burnt and destroyed the Country and returned loaden with Booty William Viscount Gormanstown was the thirteenth of June made Lord Justice 1515. probably in the Absence of the Earl of Kildare who might then go to England to confer with the King about the Parliament designed to be holden in the Spring But however that be it is certain That Girald Earl of Kildare was by the King made Lord Deputy and on the twenty fifth Day of February held a Parliament at Dublin which by several Prorogations continued until the Thursday after Michaelmas 1517. Ware 92. This Parliament gave the King a Subsidy and made one good Act for those times viz. That no Man shall be compelled by Privy Seal to answer any Complaint in England until the Accuser enters into Recognizance in the Chancery of Ireland to pay the Defendant his Costs and Damages if he be acquit which very much abated that vexatious Course of Proceeding so that it is now obsolete and quite out of use On the third Day of August Ware 93. died Thomas Earl of Ormond at London he had been Embassador into France Privy-Counsellor in England and had Place in the English Parliament above all the Barons He was the richest Subject the King had and left forty thousand Pound in Money besides Jewels and as much Land to his two Daughters in England as at this Day would yield thirty thousand Pound per annum but he left no Issue Male to enjoy his Irish Estate which therefore descended to his Kinsman Sir Pierce Butler Earl of Ormond The Lord Deputy to repress the Incursions of the bordering Irish 1516. and to shew himself as fit for War as Peace invaded Imaly and slew Shane O Toole in Battle and sent his Head to the Mayor of Dublin Thence he marched into Ely O Carol where he was joyned by several Noblemen of Munster and Leinster of English Extraction and particularly by Pierce Earl of Ormond and James eldest Son of the Earl of Desmond and being strengthned with this Supply he undertook the Seige of Lemevan-Castle which the Garrison defended for a Week and then by Night deserted and left it to be demolished as it was by the Lord Deputy With this good Success he was encouraged to attempt the Town of Clonmel which he did with so much celerity that the Townsmen being surprized immediately surrendred upon Conditions And so the Deputy ended this Campeign and returned loaden with Hostages Prey and Glory It is worthy observation That the Irish had great Expectations of Advantage this Year by reason of a blind Prophecy generally believed among them Ware 95. That the poorest and weakest Sept in Ireland should this Year prove the most Powerful and Warlike It is probable that they were encouraged thereby to provoke the Lord Deputy to the aforesaid Expedition But however that be this is certain That Superstition hath been often fatal to the Irish Nation But Kildare finding it necessary to advance his Victorious Arms in Vlster 1517. reinforced his Troops and marched into Lecale where he took the Castle of Dundrum which had been very offensive to the neighbouring English thence he marched against Fylemy Macgenis whom he easily conquered and took Prisoner with the Slaughter of many of his Followers
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
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
proved disadvantagious to the State and that lenity to the Irish Rebels has produced no other Effects than that it has encouraged them to relapse and others to follow their Example And of this Shane O Neal affords us one Instance for notwithstanding this Submission it was not long before he rebelled again and Rory O Connor and Donough O Connor followed the same Copy for though they submitted at Dingen and put in Hostages for their Loyalty yet they rebelled once more and therefore were on the twenty fifth Day of February proclaimed Traytors and at length were slain and their Country wasted 1557. In like manner William Odare O Carol was made Governour of Ely O Carol under certain Conditions one of which was To send a certain number of Soldiers to every Hosting but this Condescention and Kindness could not oblige him but that the ungrateful Traytor rebelled next Year and was routed and Thady O Carol was put in his Place And so we are come to the Parliament which began the nineteenth day of June and on the second day of July was adjourned to the tenth day of November to Limerick and then was adjourned to the first day of March to Drogheda but the Lord Deputy who by the Death of his Father was Earl of Sussex went to England on the fourth day of December and not returning before the first day of March the Parliament by his Absence became dissolved It seems that besides the Statutes that are in Print this Parliament enacted 1. That the Queen was Legitimate 2. That the Royal Power was vested in her 3. That her Issue should inherit the Crown and Kingdoms of England and Ireland 4. That Heresies should be punished and three Statutes to that effect were revived 5. That all Acts against the Pope made since 20 Hen. 8. be repealed 6. That the Grants made by Archbishop Brown be void and cap. 12. that First-Fruits be released But afterwards by the Act of the second of Elizabeth cap. 1. the Act of Repeal was repealed and the revived Statutes against Heresie were suppressed the Jurisdiction of the Pope was abolished and cap. 3. the First-Fruits and twentieth Part were restored to the Crown There was also an Act to give the Queen a Subsidy of thirteen Shillings and four Pence out of every Plow-land for ten Years And another to make it Treason to introduce or receive armed Scots into Ireland or to marry with a Scot without Licence under the great Seal The printed Acts of this Parliament are I. For the Disposition of Leix and Offaly II. For making the King's County and Queens County Shire-Ground and entituling their Majesties thereunto III. For making other Counties into Shire-Ground IV. To explain Poynings Act that new Bills whilst the Irish Parliament sits may be transmitted into England for Approbation as well as if they had been sent before the Parliament met V. That Labourers or Cottiers shall not buy Horses more than is absolutely necessary VI. That the Owners of stolen Goods using their best Endeavours to prosecute the Felon shall be reprized out of the Felons Goods if they cannot get their own again VII That no Body shall make Aquavitae without Licence under the great Seal except Noblemen Gentlemen and Freemen of Towns that send Members to Parliament And it is to be noted That this Act which was designed to spare Corn and prevent a Dearth was necessary at that time Yet now the Kingdom is better improved and consequently abounds in Corn this Act though not repealed is become obsolete and a quite contrary Act viz. To encourage the Making and Exportation of Aquavitae would tend very much to the Advantage of Ireland In July the Lord Deputy made an Expedition against the O Maddens whose Country called Silanchia now the Barony of Longford in the County of Galway was last Year on the Murder of John O Madden divided between Malachy Modhar and the Murderer Brasil Duff the Deputy sent a Summons to the Castle of Melik but the valiant Warders not only boasted how stoutly they would defend it but also believing that every Summons was an Affront and as it were a Suspicion of their Courage they assured the Herald That it should not be safe for him to come with any more such Messages to them It is hardly credible That after all this Ostentation these Men of War should desert the Castle the very next Night however they certainly did so and the Lord Deputy placed a Garrison in it and returned On the tenth of August the Lord Deputy advanced into Vlster Ware 220. being accompanied by the Lords of Kildare Ormond Baltinglass Delvin Dnnboyne and Dunsany his Design was against the Scots but they sheltered themselves in the Woods and Bogs so that he did them no other Mischief than that he took some Preys however some of them were thereby perswaded to submit and Daniel Mac Conel and Richard Mac Guilliam received the Honour of Knighthood On the twenty second Day of October the Lord Deputy made another Journey into Vlster And on the twenty fourth day he came to Dundalk and on the twenty fifth he took a Prey and came to Armagh the Rebels still flying before him on the twenty seventh he burnt Armagh except the Church and marched to Newry and so on the thirtieth day of the same Month returned to Dublin And being ordered to attend the Queen in England he first obliged O Carol O Molloy Macgehogan O Doyne Mac Coughlan the two O Maddens and Fylemy Duff to gives Hostages of their Good Behaviour And then on the fourth of December he set sail for England leaving Hugh Curvin 1557. Lord Chancellor and Sir Henry Sydny Treasurer at Wars Lords Justices by Patent dated at Westminster the twelfth of November after they were censed and sprinkled with Holy Water and Mass was celebrated they were sworn at Christ-Church on Sunday the fifth of December and received the Sword from Sir John Stanly the Marshal with whom it was left to that Purpose and they continued in their Office until Sir Henry Sydny Ware 222. Lord Justice was sworn on the sixth of February by the Queen's Command and by virtue of a Commission bearing date the eighteenth day of January he attacked Arthur O Molloy Chief of Fercalia who was brewing new Treasons and favoured and cherished those that were in Rebellion But the Lord Deputy did soon over-run his Country and made Theobald O Molloy Governour thereof and took his Son for a Hostage of the Father's Fidelity and then by Cess in the Pale the Deputy furnished the Forts of Maryburgh and Philipsburgh with Victuals and returned to Dublin where he made Proclamation That no Corn should be carried out of the Pale In the mean time Shane O Neal invaded Tyrconnel designing to reduce it to the former Tribute and Dependance it paid to his House Calvagh O Donel being too weak to resist by Force betook himself to his Politicks and made an Essay by Night on the
Knight of the Garter came over Lord Lieutenant Lib. C. says Burlace Lord Deputy says the Statute-Book He arrived at Bullock and was sworn in Christ-Church on the thirtieth day of August His Instructions bear Date the tenth of May and are to this effect First That the Army or rather Garrison shall be three hundred twenty six Horse eight hundred sixty four Foot and three hundred Kern Secondly That Port-Corn shall be reserved towards victualling the Army Thirdly That he endeavour to People Vlster with English and to recover Lâ—cale Newry and Carlingford from the Scots and to recompence Sir Nicholas Bagnal for his Interest in Vlster Fourthly Lib. H. That Mac Cartymore be ordered to hold his Estate after the English manner as the Earls of Thomond and Clanrickard do And he had also other Instructions to him and the Council to set up the Worship of God as it is in England and to make such Statutes next Parliament as were lately made in England mutatis mutandis and to dispose of Leix and Offaly to the best Advantage of the Queen and the Country This Lord Deputy held a Parliament at Dublin on the twelfth day of January which enacted the following Laws and then was dissolved on the twelfth of February First That the ancient Jurisdiction over the State Ecclesiastical and Spiritual be restored to the Crown And Foreign Authority abolished and that the Acts of Appeals and Faculties be revived and also as much of the Act of Marriage as concerns Consanguinity And the Act of Repeal made the 3 and 4 Philip and Mary repealed And an Act of 3 and 4 Philip and Mary to revive three Statutes concerning Heresie and the three Statutes therein named be repealed except so much thereof as concerns Premunire And that the Queen and her Successors may appoint Commissioners to exercise Ecclesiastical Jurisdiction And that all Officers and Ministers Ecclesiastical or Lay all Ecclesiastical Persons and every one that has the Queen's Wages shall take the Oath of Supremacy on pain of losing his Office And shall be uncapable to take any Office Ecclesiastical or Temporal if he obstinately refuses the Oath tendered to him He that sues Livery or takes Orders must take the Oath And a Penitent upon taking the Oath shall be restored to his Office of Inheritance He that shall extol maintain or advance Foreign Jurisdiction shall for the first Offence lose his Goods and if they be not worth twenty Pound then a Years Imprisonment without Bail besides and if it be an Ecclesiastical Person shall likewise lose all his Benefices and the second Offence to be Premunire and the third High-Treason provided the Prosecution for Words be within half a Year after the speaking Nothing shall be adjudged Heresie but what has been so by the Scripture first four General Councils or some other General Council by express Words of Scripture or shall be by Act of Parliament That there must be two Witnesses And that no Man be esteemed as Accessary till two Witnesses prove he knew the guilt of the Principal before he relieved him c. Secondly An Act for Uniformity of Common-Prayer Thirdly An Act for Restitution of the First-Fruits and twentieth part of Spiritual Benefices to the Crown Fourthly An Act for consecrating Archbishops and Bishops Bramhal 438. And it is observed by Archbishop Bramhal That no Papists ever did or could make the least Objection against the Ordination of the Protestant Bishops in Ireland For besides that Archbishop Brown the first Protestant Bishop in Ireland was ordained by the Bishops of Canterbury Rochester and Salisbury and many of the Irish Bishops were ordained by Brown The very Popish Bishops did assist at the Consecration of most of the Protestant Bishops and complied with the Government and kept their Sees until they had sacrilegiously betrayed the Church and alienated most of its Possessions one Bishoprick being left so poor that it had but forty Shillings per annum Ware de Praesulibus 27. and another but five Mark Thus Loftus Archbishop of Armagh was consecrated by the Popish Archbishop Curwin Ibid. 128. 59. Thomas Lancaster the first Protestant Bishop of Kildare Ibid. 148. was consecrated by Archbishop Brown and John Merriman Ibid. 188. the first Protestant Bishop of Down and Connor was consecrated by Lancaster when Primate Bale Bishop of Ossory was consecrated by the Popish Bishops of Armagh Kildare and Down Casy Bishop of Limerick was consecrated by Archbishop Browne assisted by the Popish Bishops of Kildare Ferns and Leighlin c. Fifthly An Act of Recognition of the Queen's title Sixthly That it be Premunire to say the Queen has no Right to the Crown and Treason to write it Seventhly That the Priory of S. John of Jerusalem be united to the Crown The Parliament being dissolved the Deputy went immediately to England to give an Account thereof and by the Queen's Orders substituted Sir William Fitz Williams 1559. Lord Deputy he was sworn in Christ Church on the fifteenth of February and his Patent bears date at Westminster the eighteenth day of January 2 Eliz. In his time Shane O Neal broke out again into Rebellion Cambd. 121. and overthrew O Reyly in the Field and took Calagh O Donel Lord or Chief of Tyrconnel Prisoner together with his Wife and Children and afterwards lived with her in Adultery and kept her by Force and he seized upon O Donel's Castles Lands and Goods and in all things behaved himself as King of Vlster 1560. And about the same time Money which in King Henry the Eighth his Days was much debased was raised near to the intrinsick value and Sterling Money was stamped but it was made currant at a fourth part more than it passed for in England so that an English nine Pence was twelve Pence Irish and so it continued until the Year 1601. when her Majesty's vast Expence in Ireland forced her by the Advice of the Lord Buckhurst to mingle Brass with the Silver which was therefore called mixt Monies but the Government then was so steady that the Soldiers suffered it without Mutiny although it was of infinite Prejudice to them But to proceed Thomas Earl of Sussex came over again Lord Lieutenant 1560. I suppose in April for on the seventh of May the Queen sent him Orders to perswade the Earl of Kildare to go to England and that the Queen would lend him Money in England on his Bond and if the Earl refused then the Lord Lieunant was to shew him the Queen 's positive Commands to that effect and if he still declined the Voyage then the Lord Lieutenant was to apprehend him This Lord Lieutenant brought with him new Instructions Lib. C. 1. To build Castles in Leix and Offaly and to people those Countries by granting Estates to the Planters and their Heirs Males 2. To settle Vlster and to admit Surleboy Tenant to the Lands he claims in Fee binding him to contribute to the Publick Service
Kerry to the Sheriff and the Lord of Lixnaw with the Lord President of Munster he returned to Dublin the 9th of August 1584. In his way he took Pledges from Pheagh Mac Hugh and appointed Sir Henry Harrington to take the like from O Birne O Toole and the Septs of O More and O Connor and committed the Kings County to the care of Sir George Bourcher and of the Queens County to Sir Warham Saint Leger he also appointed Commissioners to take Hostages of the Cavenaghs and when he came to Dublin he decided a Controversy between Philip and Sir John O Reyley to both their Satisfaction About this time the Lord Deputy published Orders to be observed by Justices of the Peace one whereof was lodged with every Custos Rotulor Lib. C. the most material of them were to keep Sessions Quarterly to enquire into Penalties of Statutes forfeited Recognizances Contempts Breach of Peace winking at Malefactors Confederacies and Parlies with Tâ—â—ytors or notorious known Theives that all Men and Women from Sixteen to Seventy be Booked and Sworn to Allegiance else committed to Goal to have General Musters every year and see the People are Armed according to Law to have Buts and common Pounds to make two High-Constables Substantial Gentlemen in every Barony and printed Books of their Duty to be sent them and also two petty Constables in each Barony to send to Goal all Spies Carrows Bards and Idlers c. To appoint two Searchers for every Parish to Search the Houses and Persons not Gentlemen for Beef Pork or Mutton and if any such be found and no notice was given to the Searcher of the Killing thereof the Party shall be punished by Fine and to cause all Cattle to be marked with Pitch or Ear-mark on pain of Forfeiture On the 25th of August The Deputy with One thousand Foot some Kearns and the Risings out of the Pale and some Lords of Munster and well accompanied with Officers and Persons of Quality set out from Dublin and came the 29th to Newry where Turlogh Lynogh submitted and put in Pledges as did also soon after Macgenis Mac Mahon Turlogh Brasilogh and others The Lord Deputy having thus secured the Country ordered some Ships to Loghfoyle to attack the Scots that way which they got notice of and immediately retired and went off to Scotland almost in sight of the English Ships and their escape was imputed to the negligence of the Sea-Commanders However the Deputy proceeded to the Ban himself Ormond and the Nobility kept Clandeboy side and General Norris and the Baron Dungannon kept Tyrone side The Deputy spoiled Brian Carrows Country and forced him and Surleboy to fly to Glancomkeane with their Creights and Cows Norris took a prey of 200 Cows from Ochane which gave great relief to the Army but 100 of his stragling Boys and Servants were cut off by Brian Carrows men and some that came to their Rescue were wounded and soon after Mr. Thomas Norris was wounded in the Knee with an Arrow and Oliver Lambert was taken Prisoner in Ochanes Country nevertheless the Rebels fled from the English and were worsted in most encounters so that Captain Meriman brought a good Prey from their fastness and Norris scour'd Glancomkene-wood preyed Brian Carrows Country and slew them that were put to defend it Hereupon Ochane submitted and put in Hostages and was the first Rebel in Arms that was pardoned since the Deputy came over then went the Deputy to besiege Dunluce and sent Artillery by Sea to Skerries portrush and thence by men it was drawn two miles it soon brought the Ward to parley and to surrender this impregnable place and the fame of this Exploit made the Warders desert Donfert and these losses forced Surleboy to submit and put in Hostages and to beg Pardon which was granted him Whilst the Deputy abode in Vlster O Donell and O Toole submitted themselves unto him and there happening some Controversies between Turlogh Lynogh and others of the O-Neals he caus'd them to implead one another by Bill and Answer that so those Contests might be regularly decided he also gave them an Oath of Allegiance and drew the Grandees of Vlster to a Composition for the maintenance of 1100 Soldiers at their own charge the Queen allowing every 100 men 250 Pounds Lib. M. per annum also they agreed to surrender their Estates and take new Patents and in like manner the Lady Camphell and Donell Gorme made their Submismissions at the Camp near Dunluce on the 18th of September and obtain'd a Grant of that part of the Glinns formerly Massets paying 50 Bieves yearly and supplying 80 Soldiers to serve the Crown when required And so the Deputy left 200 Foot and 50 Horse at Colrain and came to Newry on the 28th of September to which place Turlogh Lynogh brought Henry Son of Shan O Neal and delivered him prisoner to his Lordship Con mac Neal Oge was forc'd to content himself with the upper Clandeboy and the Lieutenancy or Government of Vlster was divided between Turlogh Lynogh the Baron of Dungannon and Sir Henry Bagnall and this great Service being thus effected the Deputy return'd to Dublin the 11 of October Hence the Deputy gave an account to the Lords of the Council in England of his great Success and proposed that for 50000 per annum added to the Revenue for three years he would wall seaven Towns Athloan Dingle Colrain Liffer Sligo Newry and Mayo and build seaven Castles at Black-water and Ballishannon Bellick Broad-water in Munster Castlemartine in the Routs Galin in the Queens County and Kilcomane and erect seaven Bridges at Colrain Liffer Ballishannon Dundalk Fermoy Veale near Slevelogher and Kells in Clande-boy and with the help of the Vlster Composition he would likewise maintain 2000 Foot and 400 Horse during that time he desired 600 Soldiers and a Chief Justice might be sent over that Tamistry might be abolished and the Irish Lands pass'd in Patent to the Proprietors on English Tenures to all which he received a smooth but dilatory Answer and therefore wrote again to the Parliament of England the 17 of January 1584. to the same effect and with like success Nevertheless this active Governour proceeded to doe what he could to repair the broken and miserable Estate of Ireland he encouraged the Bishops to the Repair of Churches and wrote to England that no more Bishopricks might be granted in Comendam and he also divided Vlster into Counties and placed Sheriffs Justices of Peace Constables and other Officers in them And then he summoned a Parliament to meet the 26th of April 1585. at Dublin and caused the Irish to conform to the English Habit to which they have a great aversion because they esteem it a mark of Subjection The Irish Lords were obliged to wear Robes and the better to induce them to it the Deputie bestowed Robes on Turlogh Lynogh and other principal men of the Irish which they embraced like fetters so that one of
usual allowance except the Sallary of 200 Marks per ann which must be reserved for his Brother the Lord President and that the Vice-president's Pension of twenty shillings a day be immediately stopp'd Lib. C. 5. That the Queens Orders be publickly read in Council except they require secrecy and then to be communicated to such of the English Council only as are ordinarily attending on the State 6. That all Offices be given to fit persons who are personally to officiciate except in special cases 7. That the Courts be removed out of the Castle 8. That the Secretary of State keep the Signet as in England and that he make all Bills Warrants and Writings that require Signature and that he keep a Register thereof and have his Fees for the same 9. That the Parliament being ended Vlster might be so settled that the Deputy might repair into Munster to watch the Motions of Spain 10. That suspected persons be secured and that the suspected Inhabitants in Towns be disarm'd and that the Loyal Townsmen be arm'd and disciplin'd and that those that were lately Rebels be enjoyned to keep at home and if the Spaniards land that the Forage be destroy'd and the Cattel removed up into the Countrey The Queen also gave Secretary Fenton particular Instructions about the Plantation of Munster and devised a Plot to this effect Lib. C. That the Undertaker for 12000 Acres should plant 86 Families upon it viz. his own Family should have 1600 Acres one chief Farmer 400 two good Farmers 600 between them other two Farmers 200 apiece fourteen Free-holders each 300 fourty Copyholders each 100 and twenty sixâ— Cottagers and Labourers 800 Acres between them and so proportionably for a lesser Signiory And she ordered that if any unforfeited Lands be intermix'd with the forfeited that the party should be compounded with to his content and brought out that so the Undertaker might have his Manour entire and she also ordered a better Survey to be made of the escheated Lands for the direction of the Commissioners in setting them out to the Undertakers It the mean time the Town of Dingle in Kerry was incorporated with the like Privileges as the Town of Drogbedah enjoyed and there was also a superiority granted to that Corporation over the Harbours of Ventry and Smerwick and the Queen also gave the Townsmen 300 li. towards the walling of the Town The Earl of Desmond and his Complices had forfeited a vast Estate amounting in all to 574628 Acres of Land the Earl himself had a prodigious Revenue for those times and perhaps greater than any other Subject in her Majesty's Dominions For his Rents were as followeth  l. s. d. In the County of Limerick 2413 17 02 Corke 1569 01 11 Kerry 2711 01 02 ½ Waterford 0242 14 02 Typerary 0060 00 00 Dublin 0042 08 00 Total 7039 02 07 ½ And this great Estate except what was restored to Condon the White Knight c. was by the Queen who was intent on the peopling of Munster disposed to certain Undertakers   Rent per ann  Acres l. s. d. Com. Waterford Sir Lib. M. 166. Christopher Hatton 10910 060 07 09 Com. Cork Waterford Sir W. Raleigh 12000 066 13 04 Com. Kerry Sir Edw. Denny 06000 100 00 00 Ibid. Sir William Harbart 13276 221 05 04 Ibid. Charles Harbart 03768 062 15 04 Ibid. John Holly 04422 073 14 00 Ibid. Capt. Jenkin Conwey 00526 008 18 08 Ibid. John Champion 01434 023 18 00 Cork Sir Warham Saint Leger 06000 016 13 04 Ibid. Hugh Cuff 06000 033 06 08 Ibid. Sir Thomas Norris 06000 033 06 08 Ibid. Arthur Robins 01800 010 00 00 Ibid. Arthur Hide 05574 030 19 02 Ibid. Fane Beecher and Hugh Worth 24000 133 06 08 Thomas Say 05778 031 18 08 Arthur Hyde 11766 065 02 10 Edmund Spencer 03028 017 07 06 Cork and Waterford Richard Beacon 06000 033 06 08 Lymerick Sir William Courtney 10500 131 05 00 Ibid. Francis Barkly Esq 07250 087 10 00 Ibid. Robert Anslow 02599 027 01 06 Ibid. Rich. and Alex. Fitton 03026 031 10 05 Ibid. Edmund Manwaring Esq 03747 039 00 7 ½ Limerick Waterf Typerary Sir Edward Fitton 11515 098 19 02 Limerick William Trenchard Esq 1â—000 155 00 00 Ibid. George Thorton Esq 01500 015 12 06 Ibid. Sir George Bourcher 12880 134 04 04 Ibid. Henry Billingsley Esq 11800 147 10 00 Typerary Thomas Earl of Ormond 03000 016 13 04   1976 07 05 And on the 14th of February Letters were written to every County in England to encourage younger Brethren to be undertakers in Ireland and particularly Popham Attorney General was appointed in Somerset-shire to treat with them The Queen's Proposals were to give them Estates in see at 3 d. per Acre in Limerick Conilagh and Kerry one with another and 2 d. per Acre in Cork and Waterford every 300 Acres Demesn to maintain a Gelding every 200 Acres of Tenancy a Foot man arm'd no Irish to be permitted to reside on the Land They were to be Rent-free till March 1590. and to pay but half Rent for three Years from thence they were to hold in Soccage and to have Liberty for ten years to transport the Growth of their Land to any place in amity with England without Custome and to doe no Service till Michaelmas 1590. and then but moderately and be free from Cess for ever and to have Liberty to transport necessaries from England without Custome and they were promised that there should be Garisons on their Frontiers and that they should have Commissioners to decide their Controversies in Munster Lib. D D D. but some of these Covenants the Queen did not perform and particularly that of keeping Forces for their Security and it seems that some of the Undertakers did encroach upon the Lands of the Loyal or protected Irish or at least they made so general a complaint of it that they obtain'd a Proclamation to issue to restrain it In the mean time the Burks a powerfull family in Connaugh finding that they lost much of their Authority by the aforesaid Compositions and the Establishment of a Regular Government in that Province repented of what they had done and formed many groundless Complaints whereupon the Bishops of 〈◊〉 and Meath c. were commissioned to examine and doe them right The Commissioners were indulgent to them and they promised submission and acquiescence but nevertheless in few days after they seduced the 〈◊〉 Joyces c. and went into Rebellion and manned Castle Nikally and Thomas Row's Castle At the same time Mahowne O Brian held the Castle of Clan Owen against the Queen but Bingham in seven days time won it and flew O Brian and razed that Castle and another of Fardaraugh Mac Donels to the ground and Richard Burk on Proof of Confederacy was executed by Marshal Law However the Burks proceeded in their Rebellion and murthered Sixteen of the Officers of Connaugh and invited the Scotish Islanders who to the
even to intimate some Menaces of Rebellion and in a manner delineated and discrib'd how it would be Imanaged And the same day the Papists of the House of Commons did likewise write to the Lords of the Council in England about the new Corporations and the wrong done their Speaker Everard and they exaggerated their Complaints to that degree as if their Extremities and Sufferings were so strange and so intolerable that they wanted Words to express or Patience to bear them and they laid all the blame on the Principal Officers and Counsellors of State And on the twentieth of May the same Men petition'd the Lord Deputy to dispence with their Attendance in the House of Commons because they were afraid of their Lives and they desir'd he would shew them by what Authority those sat in the House that were now in possession of it and they demanded to have a sight of the King's Letters the Grants and Charters of the New Corporations and of the Returns of Elections And the next day being the 21th of May they petition'd the Lord Deputy again importing That if they might be secure of their Lives and have the Benefit of the Law and that the Returns may be rectified that then they would repair to the House and present the Speaker All which the Lord Deputy granted and promis'd and thinking that they sincerely meant as they spoke his Excellency went to the Upper House in expectation that they would joyn with the rest of the Lower House and attend him with the Speaker But in stead of that on the same day they petition'd again That the new Burgesses might be first excluded and not admitted into the House till their Case was debated and determin'd altho they well enough knew that what they propos'd was unpracticable until first a Speaker was setled But their Business was to baffle and avoid this Parliament if possible to effect which they little matter'd what vain Pretences they made use of And therefore tho the Lords had nothing to do with the Lower House yet to make a Clamour as if they had been wonderfully abus'd they also petition'd the Lord Deputy the same 21th of May to the effect aforesaid and in their Petition asserted That the Lord Deputy's Commission did not authorize him to make New Corporations and concluded with a Request to be excused from attending the Parliament and to have leave to wait on the King in England The Deputy told them That the Affairs of the Lower House did not concern them and therefore commanded them to attend their own House and to proceed in a Parliamentary way to the Business of the King and Kingdom But they persisted in their Obstinacy and on the 23th of May they sent him a Writing in the Form of a Petition whereby they positively refus'd to come to Parliament until the King should take some better order to settle Matters as to the Lower House for tho the Houses were distinct yet they made but One Body and were but One Parliament and they protested against all Laws that should be made in their absence and that if any be made the Subjects will reject them as disorderly and unjustly enactedâ— And this was followed with a Petition of the Commons on the 25th of May wherein in a very sawcy and undutiful manner they pressed the Lord Deputy for a sight of the King's Letters about the New Corporations and for their Charters and the Returns of all the Elections and for a Copy of his Commission to hold that Parliament and for License to send Agents to England to acquaint the King with their Complaints Nevertheless the Lord Deputy by Proclamation commanded them to their respective Parliament houses to pass the Act of Recognition of his Majesty's Title assuring them that no other Bill should be read that Session And he also sent a Messenger to every Lord particularly to Summon him to attend the House But the Commons were so far from complying that on the same day viz. the 26th of May. they presented him with a Petition Recognizing the King's Title but utterly refusing to sit in the House unless their Speaker Everard might be approved and the new Burgesses rejected And the next day the Lords did in like manner by Letter Recognize the King's Title but refus'd to come to their House until the Affairs of the Lower House were rectified and setled Nevertheless both the Popish Lords and Commons had such a great Attendance and there was so great a Concourse at Dublin from all parts of the Kingdom which probably did wait but for some Pretence to be in Action that the Government did not think fit to imprison any of the Mutineers but took a wiser Course by adjourning the Parliament that so his Majesty's Pleasure might be farther known The Recusants lost no time but sent over Agents to the King and levied a Tax upon the People to bear their Charges altho' the Deputy publish'd a Proclamation to prohibit any body to contribute to the Charge of the Agents or to levy any Tax for that purpose and assur'd the People that the Agents went over for their own private Business or Caprichio and not for the Publick Good Nevertheless it appears by the Examination of John O Drea and Donough O Drea Lib. T. T. 175. taken upon Oath before Sir Lawrence Parsons that the Tax levied by the Priests and Jesuits for these Agents was Two shillings of a Yeoman and Five shillings of a Gentleman and that the Lords Barry Roch and others carried Priests and other Firebrands of Sedition with them to the Parliament at Dublin to instruct them how to behave themselves there and that there was a Dispensation brought over from the Pope by Fryar Thomas Fitzgirald unto the whole Kingdom of Ireland or rather all the Papists in it authorizing them to forswear themselves in all Matters moved unto them by the Protestants provided they do it equivocally Ita quod interna mentâ— secus opinentur and that the Deponent saw and read it It seems that the King who was of a peaceable temper and to save Charges had improvidently reduced the Irish Army to Seventeen hundred thirty five Foot and Two hundred and twelve Horse was willing to end this Matter in the mildest manner he could and received the Irish Agents kindly and the better to inform himself in this Affair he sent for the Lord Deputy into England and order'd him to substitute Lords Justices Doctor THOMAS JONES Lord Chancellor Sir RICHARD WINGFIELD Marshal who were sworn the Fourth of March 1613. 1613. They had little to do in Ireland because by the Presence of the Lord Deputy and the Irish Agents in England that Kingdom was become the Scene of Irish Affairs which were so well managed by the Lord Deputy that the King was fully convinc'd of the Seditious Designs of the Irish and therefore on the 21th day of April at the Council-Tale at Whitehall he made the following Speech before the Irish
that Our Realm are to be admitted to Sue their Liveries Ouster le Mains and other Grants depending in Our Court of Wards taking only the Oath here under expressed and any other Oath to be forborn in that Case And the Natives of that Kingdom being Lawyers and who were heretofore Practisers there shall be admitted to practise again and all other Natives of that Nation that have been or shall be Students at the Inns of Court in England for the space of Five Years and shall bring any Attestation sufficient to prove the same are also to be freely admitted by the Judges there to practise the Law taking only the said Oath I A. B. do truly acknowledge profess testifie and declare in my Conscience before God and the World That our Sovereign Lord King CHARLES is Lawful and Rightful King of this Realm and of all other His Majesty's Dominions and Countries And I will bear Faith and true Allegiance to His Majesty His Heirs and Successors and Him and Them will defend to the uttermost of my Power against all Conspiracies and Attempts whatsoever which shall be made against His or Their Crown and Dignity and do my best endeavor to disclose and make known unto His Majesty or His Heirs and Successors or to the Lord Deputy or other Governor for the time being all Treasons and Traiterous Conspiracies which I shall know or hear to be intended against His Majesty or any of Them And I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God XVI All Compositions in the Court of Wards or Alienations made bona fide for valuable Considerations Intrusions Primier Seisins Ouster les Mains and Liveries are to be reduced and limited to the Eighth part of the true Value of the Lands and Hereditaments so to be Compounded for And all Wardships and Custodies of Lands during the Minority of Our Wards are to be moderately valued according to the Discretion of the Judges of that Court Provided That if any Alienations shall be made whereby We shall be prevented of Primier Seisin and Relief of Wardship and that sufficiently proved In all such Cases Our said Court of Wards is not to be restrained to the limitation of the Rates of the Alienations as aforesaid but our Officers of the same are to impose such reasonable Rates and Values as may recompence Us in some measure of those Duties and Profits which otherwise should have accrued unto Us if no Alienation to Uses had been made XVII Our Court of Wards is not to make any Inquiries further then to the last Deceased Ancestor except it be by Special direction from Us. XVIII All Escheators and Feodaries are to be specially directed where any Freeholders Estate in Land doth not exceed the worth of Five Pound English yearly in the true improved value to return the Offices taken of such Land into the proper Courts without Charge to the Subject or other Fees to any Court or Officer save only Ten Shillings Sterling to the Officer that shall take and return the Office but no Charge is to be set upon the said Lands nor any Process to issue upon the said Inquisitions but only for our Reliefs due upon the Tenures Provided that if any such Freeholder have the value of one Hundred Marks English in Chattels Real or Offices then this Grace is not to be extended to him although his Estate in Land be under Five Pound per Annum XIX In General leading Cases that Court is to be regulated according to the Laws and Courses practised here in England whereof Our Judges here shall deliver their Opinions if it shall be desir'd And our Judges of that Court there are to nominate some of the best Quality of the several Counties to be joyned in Commission with the Feodary or Escheator to take Inquisitions XX None of the Clerks or inferior Ministers of that Court or Servant to any of the said Court is to be a Commissioner for taking Offices Not intending hereby to exclude the Officers of the said Court and others who by their Places are to be Commissioners XXI No Grants of Intrusions or Alienations or Leases of Mens Lands are to be made out of that Court to any before the Party interessed shall have personal warning and Affidavit returned thereof who is to be preferred before any other if he come in the next Term after the Office is returned and will accept it at the Rates thought fit by the Court. XXII Upon a Contempt in that or any other Court the first Attachment is to be directed to the Sheriff and if he make not a good return and the Party come not in during that Term to purge his Contempt then the further Process is to be directed to the Persuivant and no further in our Court of Wards Our Exchequer in this Point is to proceed according to the Law and Ancient Custom of that Court and our other Ancient Courts are to bold their Ancient Course and not to permit any Innovations of sending Messengers or other Officers XXIII For reducing and moderating of Fees taken by Officers and Clerks in our Courts there whereof great Complaint is made It is Our Pleasure That a Commission be directed under our Great Seal of that Our Realm to the Persons nominated in a List Signed by Us and herewith sent unto you for the regulating of Fees of all Courts Spiritual and Temporal according to the Form of a like Commission Granted here in England to some of Our Council here and others whereof a Copy is transmitted unto you upon return whereof an Act of State to pass for Establishing the same accordingly untill there may be an Act of Parliament XXIV For the better settling of our Subjects Estates in that Kingdom We are pleased That the like Act of Grace shall pass in the next Parliament there touching the limitation of our Titles not to extend above Sixty years as did pass 21 Jacobi Regis wherein are to be excepted the Lands whereunto We are intituled by Offices already taken and those already disposed of by our Directions And We are further Graciously pleased for a more ample Testimony of Our Goodness to Our Subjects of that Kingdom to direct hereby That from henceforth no advantage be taken for any Title accrued to Us Sixty years and above Except only to such Lands in the Kings County and Queens County whereunto We are intituled by Offices already taken within the said Term of Sixty years and which are not yet Granted nor Lawfully conveyed from Us and Our Crown XXV And We are Graciously pleased and accordingly do hereby require You That You give present Order for the Inhabitants of Conaught and County of Clare to have their Surrenders made in the time of our late most Dear Father inrolled in our Chancery there as of the time of our said Father according to the Date of the said Surrenders and allowing what Fees were formerly paid for
not to be named did very much scandalize the Patrons of his Preferment Nevertheless his unparallel'd Repentance and the most Pious manner of his Death hath obtain'd for himself the Pity of all good Men and undoubtedly the Mercy of God And it is observable 1637. that the Earl of Cork and this Bishop Atherton did on the 27th of June 1637. joyn in a Petit on to the Lord Deputy and Council to appoint Arbitrators to decide their Controversies and accordingly the Bishop of Derry and the Master of the Court of Wards were Assigned to that purpose and in their Adward which I have seen they recite that the Bishopricks of Waterford and Lismore by the Alienations of former Bishops were left worth but Fifty pound per Annum Revenue in Land and that the Earl had not purchased any thing immediately from the Church but from other Persons for valuable Considerations near Forty years before yet out of Love to Religion and the Professors thereof he was contented to part with some of his Right and so they Adwarded Lismore c. to the Earl and Ardmore c. to the Bishop and this Adward was afterwards confirm'd by the Lord Lieutenant and Council and after that by the King Anno 1638. 1638. Doctor Bedell Bishop of Killmore held a Synod in his Diocess which was a thing very strange and unusual in Ireland Nevertheless it made excellent Cannons or Constitutions which are to be sound in Bishop Bedell's Life pag. 237. But Matters growing high in Scotland and England the Lord Deputy went over to the King and left ROBERT Lord DILLON of KILLKENNY WEST Sir CHRISTOPHER WANDESFORD Mr. of the Rolls Lords Justices who were Sworn on the 12th of September 1639. and soon after call'd a Parliament which met on the 16th day of March but did little or nothing until THOMAS Earl of STRAFFORD returned Lord Lieutenant on the 18th of March 1639. and on the 20th the Irish Parliament met again and Granted four entire Subsidies to the King and were on the 17th day of June prorogued to the First day of October following having first made the Twelve Acts to be found at large in the Printed Statutes 15 Car. 1. The first of these four Subsidies was Assessed at 46170 l. but the Second and Third of these Subsidies being in the absence of some Protestant Members with the Army at Caricfergus upon the Motion of Nicholas Plunket Assess'd in another manner did not together amount unto more then 23768 l. 15 s. 0 d. and the Fourth Subsidy was never Taxed at all by reason of the Rebellion that ensued And it is to be Noted that the Protestants paid more than one Third of the Commons part of the Subsidies besides 26480 l. 6 s. 0 d. Granted in Fourteen Subsidies by the Protestant Clergy only and above Three fourths of the Nobilities part of these Subsidies or more for the Nine Subsidies on the Nobility came too 52850 l. 18 s. 4 d. whereof the Confederate Lords paid but 10620 l. 18 s. 4 d. and it is very remarkable that foreknowing the Rebellion as undoubtedly they did they paid not one Penny of the Second or Third Subsidies and the Commons paid so little that of the Three Subsidies on them there was in Arrear when the Rebellion broke out 23855 l. 9 s. 7 d. And yet these Gentlemen or their Advocates have bragged in some of their Libels That they gave the King near a Million of Money But to proceed The Lord Lieutenant upon the Credit of these Subsidies and the annual Revenue which now was improv'd to above 80000 l. per Annum was enabled to raise Eight thousand Foot and One thousand Horse additional to the Veteran◠〈◊〉 they cost the Kingdom in raising clothing and paying them 204057 l. and were design'd to sudue the Rebells in Scotland and awe the Mutineers in England but being mostly Papists who were thereby Train'd to the use of Arms this Army was so offensive to all moderate and thinking Protestants that it brought great dis-repute and prejudice on the Kings Affairs and in the end cost the Lord his lieutenant his Head The Lord Lieutenant was exposed to the Hatred of the Presbyterians Husbands Collections 2 part 245. for imposing a new Oath on the People hereafter mentioned which was so much abhorr'd by many that they quitted the Kingdom rather then take it and he was open also to the Jealousies of the Protestants by bringing over with him Sir Toby Mathews a Jesuited Priest and by the Correspondence that was known to be between Paul Harris another plotting Priest and Sir George Ratcliff the Lord Lieutenant's intimate Friend and by suffering Publick Mass-houses at the Naas so near his own House and by permitting Fryars to dwell in a House of his own which he had built to other Uses But notwithstanding all this it is certain he was no Friend to Popery but only temporiz'd until he should meet with a more proper Season to go through with that Work as himself expresses it About this time Archibald Adair who had been Bishop of Killalla since the Year 1630 was deprived of his Bishoprick upon this Occasion One Corbet a Clergy-man that fled from Scotland for writing a Satyrical Book against the Covenanters called Lysimachus Nicanor was sent to this Bishop for Preferment but he being a moderate Man and perhaps too indulgent to his own Nation did not approve of Corbet that had handled the Scots so severely and therefore he gave no countenance to him but on the contrary told him That it was a bad Bird that foul'd his own Nest which was the sharper because Corby in Scotch signifies a Raven And when Corbet told him That he had hardly escaped with Life but had left his Wife to try the Humanity of the Scots the Bishop replied That he had left her to a very base Office And other things he said which the Government thought too favourable to the Govenanters and tho' they would not be much considered at another time yet now was thought a sufficient Cause of Deprivation and Doctor John Maxwell was made Bishop in his room but the next Year after the Execution of Atherton Bishop of Waterford Adair was made Bishop of that See Nor should it be omitted That this Bishop Maxwell a most excellent Preacher and a hearty Royalist was nevertheless wounded stript naked and left amongst the Dead by the Irish Rebels whose Skeins never distinguished between a Prelate and a Fanatick But the Bishop was accidentally preserved by the Earl of Twomond who travelled that way towards Dublin and afterwards went to the King to Oxford and was the first Man that convinced the King of the innate Hatred the Irish Rebels bore to all those of the Protestant Religion But let us return to the Lord Lieutenant who went again to England to give the King an Account of the good Posture of Affairs in Ireland leaving in his stead Sir CHRISTOPHER WANDESFORD Master of the Rolls
Lord Deputy He was sworn on the Third of April and was an intimate Friend of the Lord Lieutenants and was suspected to have imployed Agents to raze out of the Journal-Book of the House of Commons some Instructions that were agreed upon by that House for a Committee to Impeach the Earl of Strafford but it is certain he did what he could to hinder that Committee from going to England And besides Persuasions Rushw 469. he proceeded to forbid them that voyage upon their Allegiance Nevertheless they all got away privately some from one Port and some from another and came safely to England This Committe were the Lords Gormanstowne Killmallock Costilo and Baltinglass for the Upper House Nicholas Plunket Sir Robert Digby Richard Fitz-Gerrald and Nicholas Barnwall for Leinster Sir Hardress Waller John Welsh Sir Donough mac Cartby for Munster Robert Linch Geoffry Browne and Thomas Burk for Connught and Sir William Cole and Sir James Mountgomery for Ulster and they carried with them a Remonstrance from the Irish Parliament against the Earl of Strafford whom they prosecuted effectually and were under-hand so to do by the Discontented part of the Parliament of England And because this Remonstrance contains a great part of the History of those Times I have thought necessary to add it in haec verba To the Right Honourable the Lord Deputy The Humble and Just Remonstrance of the Knights Citizens and Burgesses of the Parliament Assembled SHEWING THat in all Ages since the happy Subjection of this Kingdom to the Imperial Crown of England Rushw 11. it was and is a Principal Study and Princely Care of His Majesty and His Noble Progenitors Kings and Queens of England and Ireland to the vast Expence of Treasure and Blood that their Loyal and Dutiful People of this Land of Ireland being now for the most part derived from British Ancestors should be Governed according to the Municipal and Fundamental Laws of England that the Statute of Magna Charta or the Great Charter of the Liberties of England and other Laudable Laws and Statutes were in several Parliaments here Enacted and Declared that by the means thereof and of the most prudent and benign Government of His Majesty and His Royal Progenitors this Kingdom was until of late in its growth a flourishing Estate whereby the said People were heretofore enabled to answer their humble and natural Desires 〈◊〉 comply with His Majesty's Princely and Royal Occasions by their Free Gift of One hundred and fifty thousand pounds Sterling and likewise by another Free Gift of One hundred and twenty thousand pounds more during the Government of the Lord Viscount Faulkland and after by the Gift of Forty thousand pounds and their free and chearful Gift of Six intire Subsidies in the Tenth Year of His Majesty's Reign which to comply with His Majesty 's then Occasions signified to the them House of Commons they did allow should amount in the Collections unto Two hundred and Fifty thousand pounds although as they confidently believe if the Subsidies had been Levied in a moderate Parliamentary way they would not have amounted to much more than half the Sum aforesaid besides the Four intire Subsides granted in this present Parliament So it is may it please Your Lordship by the occasion of the ensuing and other Grievances and Innovations though to His Majesty no considerable Profit this Kingdom is reduced to that extream and universal Poverty that the same is lesâ— able to pay Subsidies than it was heretofore to satisfie all the before-recited great Payments And His Majesty's most Faithful People of the Land do conceive great Fears that the said Grievances and Consequences thereof may be hereafter drawn into Precedents to be perpetuated upon their Posterity which in their great Hopes and strong Beliefs they are persuaded is contrary to His Royal and Princely Intention towards His said People Some of which said Grievances are as followeth I. The general apparent Decay of Trades occasioned by the new and illegal raising of the Book of Rates and Impositions upon Native and other Commodities exported and imported by reason whereof and of extreme Usage and Censures Merchants are beggar'd and both disenabled and discouraged to Trade and some of the Honourable Persons who gain thereby are often Judges and Parties and that in the conclusion His Majesty's Profit thereby is not considerably advanced II. The Arbitrary Decision of all Civil Causes and Controversies by Paper Petitions before the Lord Lieutenant and Lord Deputy and infinite other Judicatories upon Reference from them derived in the nature of all Actions determinable at the Common Law not limited into certain Time Cause Season or Thing whatsoever and the Consequences of such Proceedings by receiving immoderate and unlawful Fees by Secretaries Clerks Pursuivants Serjeants at Arms and otherwise by which kind of Proceedings His Majesty loseth a great part of His Revenue upon Original Writs and otherwise and the Subject loseth the Benefit of his Writ of Error Bill of Reversâ—l Vouchers and other legal and just Advantages and the ordinary Course and Courts of Justice declined III. The Proceedings in Civil Causes at Council-board contrary to the Law and Great Charter not limited to any certain Time or Season IV. That the Subject is in all the Material Parts thereof denied the Benefit of the Princely Graces and more especially of the Statute of Limitations of 24 Jac. granted by His Majesty in the Fourth Year of His Reign upon great Advice of the Councils of England and Ireland and for great Consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdom in open Assizes whereby all Persons do take notice that contrary to His Majesty's Pious Intentions His Subjects of this Land have not enjoyed the Benefit of His Majesty ' Princely Promise thereby made V. The Extrajudicial Avoiding of Letters Patents of Estates of a very great part of His Majesty's Subjects under the Great Seal the Publick Faith 〈◊〉 the Kingdom by Private Opinions delivered at the Council-board without Legal Evictions of their Estates contrary to Law and without Precedent or Example of any former Age. VI. The Proclamation for the Sole Emption and Uttering of Tobacco which is bought at very low Rates and uttered at high and excessive Rates by means whereof thousands of Families within this Kingdom and of His Majesty's Subjects in several Islands and other Parts of the West-Indies as your Petitioners are informed are destroyed and the most part of the Coin of this Kingdom is engrossed into particular Hands insomuch that your Petitioners do conceive that the Profit arising and engrossed thereby doth surmount His Majesty's Revenue Certain or Casual within this Kingdom and yet His Majesty receiveth but very little Profit by the same VII The universal and unlawful Encreasing of Monopolies to the Advantage of a Few the Disprofit of His Majesty and Impoverishment of His People VIII And the extreme cruel Usage of certain late Commissioners and
other Stewards of the British Farmers and Inhabitants of the City and County of London-Derry ☞ by means whereof the worthy Plantation of that Country is almost destroyed and the Inhabitants are reduced to great Poverty and many of them forced to forsake the Country the same being the first and most useful Plantation in the large Province of Ulster to the great weakning of the Kingdom in this Time of Danger the said Plantation being the principal Strength of those Parts IX The late Erection of the Court of High-Commission for Causes Ecclesiastical in these necessitous Times the Proceedings of the said Court ' in many Causes without Legal Warrant and yet so supported as Prohibitions have not been obtained though legally sought for And the excessive Fees exacted by the Ministers thereof and the Encroaching of the some upon the Jurisdiction of other Ecclesiastical Courts of this Kingdom X. The exorbitant Fees and pretended Customs exacted by the Clergy against the Law some of which have been formerly represented to your Lordship XI The Petitioners do most heartily bemoan that His Majesty's Service and Profit are much more impaired than advanced by the Grievances aforesaid and the Subsidies granted in the last Parliament having much increased His Majesty's Revenue by the buying of Grants and otherwise And that all His Majesty's Debts then due in this Kingdom were satisfied out of the said Subsidies and yet His Majesty is of late as the Petitoners have been informed in the House of Commons become indebted in this Kingdom in great Sums And they do therefore humbly beseech That an exact Account may be sent to His Majesty how and in what manner his Treasure is issued XII The Petitioners do humbly conceive just and great Fears at a Proclamation published in this Kingdom in Anno Domini 1635. prohibiting Men of Quality or Estates to depart this Kingdom into England without the Lord Deputy's Licence whereby the Subjects of this Kingdom are hindred and interrupted from free Access to Address to His Sacred Majesty and Privy-Council of England so declare their just Grievances or to obtain Remedies for them in such sort as their Ancestors have done in all Ages since the Reign of King Henry the Second and great Fees exacted for every of the said Licences XIII That of late His Majesty's Attorney-General hath exhibited Informations against many ancient Burroughs of this Kingdom into His Majesty's Court of Exchequer ☜ to shew cause by what Warrant the said Burroughs who heretofore sent Burgesses to Parliament should send Burgesses to the Parliament And thereupon for want of an Answer the said Privileges of sending Burgesses were seised by the said Court Which Proceedings were altogether coram non Judice and contrary to the Laws and Privileges of the House of Parliament and if way should be given thereunto would tend to the Subversion of Parliaments and by consequence to the Ruin and Destruction of the Commonwealth And that the House of Commons hath hitherto in this present Parliament been deprived of the Advice and Counsel of many profitable and good Members by means thereof XIV By the Powerfulness of some Ministers of State in this Kingdom the Parliament in its Members and Actions hath not its natural Freedom XV. And lastly That the Gentry and Merchants and other His Majesty's Subjects of this Kingdom are of late by the Grievances and Pressures before said and other the like brought very near to Ruin and Destruction And the Farmers of Customs Customers Waiters Searchers Clerks of Unwarrantable Proceedings Pursuivants and Gaolers and sundry others very much enriched whereby and by the slow Redress of the Petitioners Grievances His Majesty's most faithful and dutiful People of this Kingdom do conceive great Fears that their Readiness approved upon all Occasions hath not been of late rightly represented to His Sacred Majesty For remedy whereof the said Petitioners do humbly and of right beseach your Lordship That the said Grievances and Pressures may be speedily redressed and if your Lordship shall not think fit to afford present Relief that your Lordship might admit a select Committee of this House of Persons uninteressed in the Benefit arising of the aforesaid Grievances to be licensed by your Lordship to repair to his Sacred Majesty in England for to pursue the same and to obtain fitting Remedy for their aforesaid and other just Grievances and Oppressions And upon all just and honourable Occasions they will without respect of particular Interest or Profit to be raised thereby most humbly and readily in Parliament extend their utmost Endeavors to serve His Majesty and comply with His Royal and Princely Occasions And shall pray c. As soon as the Lord Deputy had notice of this Remonstrance and perceived the Fury of the Irish Parliament he took occasion to Prorogue it on the Twelfth day of November but whatever he could do was ineffectual to stem the Tide which now ran too violent against him And therefore being heart-broken with his own and the Earl of Strafford's Misfortunes he died suddenly on the Third day of December 1640. Whereupon ROBERT Lord DILLON of Killkenny-West afterwards Earl of Roscomon Sir WILLIAM PARSONS Knight and Baronet Master of the Court of Wards were on the Thirtieth of December sworn Lords Justices 1640. But the Lord Dillon beings for his Intimacy and Alliance with the Earl of Strafford obnoxious to the aforesaid Irish Committee he was at their Instance removed and Sir WILLIAM PARSONS Master of the Court of Wards Sir JOHN BORLACE Master of the Ordnance were sworn Lords Justices on the Tenth of February to whom the King by his Letters of the Fourth of January before sent Orders at the Request of the Irish Committee That the Irish Subsidies which heretofore were Forty thousand Pounds should be reduced to a less Sum than formerly and that all Letter 's sent to the Chief Governor or other Publick Officers touching Publick Affairs or the Subjects Private Interests should be entred in the Signer-Office in England to the end the Subjects upon occasion might take Copies thereof and that all Dispatches from Ireland should be safely kept apart for the easier and readier recourse thereto and that His Majesty approves of the Repair of His Subjects to appeal to Him notwithstanding any Prohibition in Ireland to the contrary and orders That no body be prosecuted or molested on that score and that the Irish Committee shall have Copies of all Records Certificates Orders of Council Publick Letters or other Entries that are necessary to manifest or prove their Grievances And this Letter was on the Tenth of February 1640. by the Irish Parliament then sitting ordered to be entred amongst the Records and Ordinances of that House And soon after Rushw 15. the Irish Parliament did vote the following Grievances to be transmitted to their Committee in England which it seems were couched in Two Petitions one to the King and the other to the Parliament and both carried over by John Bellew
conceived they were greatly distressed and wished That he could use Means whereby they might be eased Hence he discoursed with Trueman who was but a silly Fellow and got from him Words whereby he discovered a Good-will to the Scotch Nation and some Discourse about the Castle of Carigfergus insomuch that he got Trueman's Letter to recommend him into Scotland whither he pretended a Desire to go to serve under their Command Upon this Giles produced the Letter in Evidence against him and so he was condemned and executed And this I take to be the Substance of what was offered for or against the Earl of Strafford On the Eleventh of May the Irish Parliament sat again 1641. and the Colonels John Barry Taaf Garret Barry and Porter having Orders from England to transport Four thousand of the Irish Forces to Spain some of the Popish Members of the Lower House did urge divers Arguments to hinder that Design As First That the Irish might gain Experience abroad and return to be evil Instruments at home Secondly That Ireland wanted Men for Husbandry Thirdly That Spain was an Hereditary Enemy to England and therefore might infect these Men with dangerous Principles concluding That they did not know how soon those very Regiments acquainted with every Creek in the Kingdom might be returned on their own Bowels having naturally a Love to their Religion which such an Incendiary as Spain might inflame with the highest prejudice So shamelesly did they cloak their Designs ' of stopping these Soldiers to assist in the following Rebellion under these Cobweb pretences of the Publick Good However their Project succeeded to their mind and notwithstanding the Contract with the Spanish Ambassador for their Transportation the Soldiers were from time to time delay'd and Garret Barry and his whole Regiment and most of the rest did afterwards joyn in the Irish Rebellion This Session of Parliament was spent by the Papists who were the most numerous Party in the House in fruitless Declarations and Protestations private Petitions and Votes upon needless Queries These last together with the Judges Answers to them are to be found at large Burlace Append. 1. 2. I shall only recite one of them viz. Quere 15. Whether the issuing of Quo Warranto's against Burroughs that anciently and recently sent Burgesses to Parliament to shew Cause why they did so be Legal And if not What Punishment ought to be inflicted upon the Occasioners Procurers and Judges of and in such Quo Warranto's To which the Answer is That the Proceedings in such Quo Warranto's are coram non Judice illegal and void and the Right of sending Burgesses to Parliament is questionable in Parliament only and the Occasioners Procurerâ— and Judges in such Quo Warranto's and Proceedings are punishable as in Parliament shall be thought consonant to Law and Justice Moreover some Members of this Parliament who had the following Rebellion in their Design did in order to inform themselves of the Quantity of the Stores Ammunition and Provisions and the Place where they were deposited suggest That there was a Plot by some of the Lord Stafford's discontented Servants to destroy the Parliament and therefore procured a Committee of both Houses to be appointed to search the Rooms under the Place where they sat which they did but sound no Powder there Then they desired to see where the Stores were but the Lord Justice Burlace who was Master of the Ordnance denied them that Request which they took very ill The Popish Party did also oppose the Disbanding of the new Army raised by the Earl of Strafford however it was at length effected on the Tenth day of * Rather July quaere August and the Arms and Ammunition were carefully brought into His Majesty's Stores In the mean time it being convenient to give the Members a short Recess to attend their Harvest and their other Occasions and there being no sudden expectation of the Irish Committee's Return from England the Parliament by their own Consent was on the Seventh of August adjourn'd to the Ninth of November which for want of greater cause of Complaint was afterwards reckon'd amongst their Grievances But contrary to all Mens expectation the Irish Committee of Parliament in the latter end of August return'd loaden with Graces and Favours for that Kingdom particularly in reference to the Customs especially of Wooll and Tobacco whereof the Lords Justices sent immediate notice to the several Ports of the Kingdom and in this short Interval of Parliament busied themselves in framing such Bills to pass the next Session as the Committee had obtain'd His Majesty's Consent unto And in this quiet and serene Condition was the Kingdom of Ireland not suspecting the least Disturbance from the Papists who were not under any Persecution upon the account of Religion their Clergy exercising their Functions as safely and almost as publickly as the Protestants They were obliged to the King by the easiest of Governments and the Graces and Concessions he had lately vouchsafed unto them and they were fastned to the English by all the Ties of Interest Friendship Marriage and which is more in their esteem Gossipping and Fostering And they were engaged to propagate the Publick Peace by their own happy free and flourishing Condition for now the Papists without taking the Oath of Supremacy freely enjoyed the Offices of Sheriffs of Counties Magistrates of Corporations c. But all this was over-ballanced by their Bigotry and National Malice which opened one of the bloodiest Scenes that ever was seen in the World For on Saturday the Twenty third of October 1641. being a Day dedicated to St. Ignatius Temple 16. a fit Patron for such a Villany broke out a most desperate and formidable Rebellion an universal Defection and general Revolt wherein not only all the mere Irish but almost all the Old English that adher'd to the Church of Rome were openly or secretly involved The Conspirators pitched upon the Day because it was Market-day at Dublin and therefore a Concourse of People would the less be perceived or suspected and they chose the time of Year because Harvest was in and the Half-years Rent generally in the Tenants Hands and because the Season of the Year would hinder Relief from England until the next Spring before which time they hoped to have effected all their Designs It was a premeditated Rebellion Lord Justices and Councils Letter foretold by Sir Henry Bedingfeild a Roman Catholick of Norfolk in April before and suspected by the King as appears by Sir Henry Vane's Letter ante pag. 64. And it was in contrivance partly at home and partly abroad before the Troubles either of England or Scotland began Memoirs 22. It was communicated to the English Papists by the Popish part of the Irish Committee then in England Husbands 2. part 247. And it was finally concluded and resolved on at the Abby of Multifernam and the * Dr. Jones's Examination Appendix 9. Scheme of the Government
Alexander Mac Donald alias Culkittagh who gave him a severe Attack whereupon the Scots gave way and the whole Party was routed and Six hundred Protestants slain And soon after the Rebels animated with this Success besieg'd Colerain but the Lord of Antrim not only perswaded the Irish to raise that Siege but also sent Provisions and other relief into the Town believing that this obliging Carriage would prevail with the Town voluntarily to put it self under his Protection but in that he found himself mistaken In this Extremity was the Province of Ulster so that every Man that was left was necessitated to betake himself to Arms whereby such a Competent force was raised as put a stop to the Career of the Rebels there were Three Troops and Three Regiments of Foot under Sir Robert Stewart Sir William Stewart and Colonel Audly Mervin in and near London-Derry and these were called the Lagan Forces Sir John Clotworthy had a Regiment and a Troop in the Town of Antrim and the Lord Conwey had the like at Lysnegarvy and the Lord of Ardes Sir James Mongomery Colonel Hill Captain Chichester Sir Arthur Tyringham and Sir Hans Hamilton had likewise some Forces in the County of Downe all which did Service but none did that prodigious Execution upon the Rebels as Sir Frederick Hamilton's Regiment at Mannor Hamilton and Sir William Cole's Regiment at Iniskilling But it will be fit to inquire how the Irish Affairs were managed in England where the Parliament upon whom the King had devolv'd the Management of the Irish War did during his Majesty's absence in Scotland heartily espouse the Cause of the Irish Protestants and not only voted briskly for their Relief as hath been already mentioned but did also effectually set all Engins at work for the Preservation of that Kingdom and appointed a particular Committee for Irish Affairs And now when the King was return'd to London His Majesty expressed no less Zeal in that Matter and Detestation of that Rebellion than the Parliament had done They seem'd to vie with one another who should do most to save that Island and to revenge that barbarous Massacre committed upon the Protestants there and yet at length by unhappy Differences that arose between Themselves both of Them were hindred from doing what each of Them design'd So that whilst Englishmen were destroying each other in Civil Wars here the British in Ireland were expos'd to the Insults of a numerous and inveterate Enemy without their Garisons and to the want of all Necessaries within them But to proceed 1641. On the Twenty eighth of December the King sent the following Message to the House of Lords Husbands's Collect. 33. viz. His Majesty being very sensible of the great Miseries and Distresses of His Subjects in the Kingdom of Ireland which go daily increasing so fast and the Blood which hath been already spilt by the Cruelty and Barbarousness of those Rebels crying out so loud and perceiving how slowly the Succours design'd thither go on His Majesty hath thought fit to let your Lordships know and desires you to acquaint the House of Commons therewith That His Majesty will take Care that by Commissions which He shall grant Ten thousand English Voluntiers shall be speedily raised for that Service if the House of Commons shall declare that they will pay them But the Disturbance about the Impeachment of the Five Members hapning so soon after this as it did suspended the further Debate of that Matter and tho' the Commons on the Fifth of January adjourn'd their Committee for Irish Affairs to Guildhall Ibidem 64. yet the next Vote relating to Ireland that I find is that which center'd in an Order of Both Houses dated the Twenty ninth of January to apprehend and examine all such suspected Papists as are going to Ireland and to stay all Arms Ammunition Money Corn c. intended for the Relief of the Rebels and to send back or prosecute such wandring Irish Papists as lately landed in the West And in a day or two after there was a Complaint That notwithstanding this Order the King had licensed several Papists to transport themselves to Ireland who had joyned with the Rebels and Mr. Pym speaking freely of that Matter in a Conference amongst other things he said That since the Stop upon the Ports by both Houses against all Irish Papists many of the Commanders now in the Head of the Rebels have been suffered to pass by His Majesty's immediate Warrant And afterwards the Parliament instanc'd Colonel Butler Mr. Nettervill Sir George Hamilton the Lord Delvin and Four more Whereupon His Majesty by His Message of the Second of February expostulated with them and affirms That the Licence to Butler Nettervill and Hamilton was before he had any Intimation of that Order and that tho' they were Papists He had reason to believe they would not joyn with the Rebels and desires them to clear Him from that Aspersion by a Publick Declaration But in January there was a Treaty with the Scots Commissioners about the Relief of Ireland Whereupon they made these Proposals viz. COncerning the Proposition made to us Husbands's Collect. 57. 22 January from the Committees of Both Houses for the transporting presently to Ireland of the Two thousand five hundred Men now on foot in Scotland we having no Instruction for that end cannot by our selves condescend otherwise than upon the Closure of the Treaty but shall most heartily represent it to the Council of Scotland and second the same with our earnest Desires That every thing may be done which may contribute to the Preservation of that Kingdom and may testifie our brotherly Affection to this And that we may be the more able to move the Council to condescend to the same we desire the Propositions following to be granted 1. That Provision of Victuals be presently sent to Carrickfergus to be sold to our Soldiers at reasonable Rates answerable to their Pay 2. That an Order be set down how they shall be paid there and from whom they may require the same 3. That they have the Command and Keeping of the Town and Castle of Carrickfergus with Power to them to remain still within the same or to enlarge their Quarters and to go abroad into the Country upon such Occasions as their Officers in their Discretion shall think expedient for the Good of that Kingdom And if it shall be thought fit that any Regiments or Troops in that Province shall joyn with them that they receive Orders from the Commanders of our Forces 4. That Provision of Match Powder and Ball be presently sent to Carrickfergus and what Arms Ammunition or Artillery shall be sent over with them from Scotland that the like Quantity be sent from hence to Scotland whensoever the same shall be demanded 5. That a part of the Thirty thousand Pounds of the Brotherly Assistance be presently advanced to us which altho' in a just Proportion to these Men it will amount but to Seven
that hereafter he will be pleased upon the humble Suit of both Houses of Parliament to give His Royal Assent to such Bills as they shall tender unto him for the setling of those Propositions and all other things necessarily conducing thereunto Ibid. 86. And on the Twenty fourth of February His Majesty returned His Gracious Answer in Approbation of these Votes in haec verba viz. That as he hath offered and is still ready to venture His own Royal Person for the Recovery of that Kingdom if His Parliament shall advise him thereunto so He will not deny to contribute any other Assistance he can to that Service by parting with any Profit or Advantage of his own there and therefore relying on the Wisdom of His Parliament doth consent to every Proposition now made to him without taking time to examine whether this course may not retard the reducing of that Kingdom by exasperating the Rebels and rendring them desperate of being received into Grace if they shall return to their Obedience It would be too tedious to relate all that was done in this Affair of the Adventurers and therefore all that I shall mention here upon that Head is That these Votes produced several Acts of Parliament in Confirmation of them and raised the Sum of 400000 l for the Irish War But on the 9th day of March in the Declaration presented to the King at Newmarket Husbands 97. the Parliament inserted this Article viz. That the Rebellion in Ireland was framed and contrived here in England and that the English Papists should have risen about the same time we have several Testimonies and Advertisements from Ireland and that is a common Speech amongst the Rebels wherewith concur other Evidences and Observations of the suspicious Meetings and Consultations the tumultuary and seditious Carriage of those of that Religion in divers parts of this Kingdom about the time of the breaking out of the Irish Rebellion the Deposition of O Conally the Information of Master Cole Minister the Letter of Tristram Whitcombe the Deposition of Thomas Crant and many others which we may produce do all agree in this the publick Declaration of the Lords Gentlemen and others of the Pale That they would joyn with the Rebels whom they call the Irish Army or any other to recover unto His Majesty His Royal Prerogative wrested from him by the Puritan Faction in the House of Parliament in England and to maintain the same against all others as also to maintain Episcopal Jurisdiction and the lawfulness thereof these two being Quarrels upon which His Majesties late Army in the North should have been incensed against us To which His Majesty Answers thus Ibid. 106. If the Rebellion in Ireland so odious to all Christians seems to have been framed and maintained in England or to have any countenance from hence We conjure both Our Houses of Parliament and all Our loving Subjects whatsoever to use all possible means to discover and find such out that we may joyn in the most exemplary Vengeance upon them that can be imagined But We must think Our self highly and causelesly injured in Our Reputation if any Declaration Action or Expression of the Irish Rebels any Letter from Count Rosettie to the Papists for Fasting and Praying or from Tristram Whitcombe of strange Speeches uttered in Ireland shall beget any Jealousie or Misapprehension in Our Subjects of Our Justice Piety and Affection it being evident to all Understandings That those mischievous and wicked Rebels are not so capable of great Advantage as by having their false Discourse so far believed as to raise Fears and Jealousies to the Distraction of this Kingdom the only way to their Security And we cannot express a deeper sense of the Sufferings of Our poor Protestant Subjects in that Kingdom than We have done in Our often Messages to both Houses by which We have offered and are still ready to venture Our Royal Person for their Redemption well knowing That as We are in Our own Interest more concerned in them fo We are to make a strict Accompt to Almighty God for any Neglect of Our Duty or their Preservation And on the 15th of March 113. from Huntington the King sent this Message viz. That he doth very earnestly desire that they will use all possible Industry in expediting the business of Ireland in which they shall find so chearful a Concurrence by his Majesty that no Inconvenience shall happen to that Service by his Absence he having all that Passion for the reducing of that Kingdom which he hath expressed in his former Messages and being unable by words to manifest more Affection to it than he hath endeavoured to do by those Messages having likewise done all such Acts as he hath been moved unto by his Parliament therefore if the Misfortunes and Calamities of his poor Protestant Subjects there shall grow upon them tho' His Majesty shall be deeply concerned in and sensible of their Sufferings he shall wash his hands before all the World from the least Imputation of Slackness in that most necessary and pious Work Whereupon the Parliament Voted the next day Ibid. That those Persons that advise His Majesty to absent himself from the Parliament are Enemies to the Peace of this Kingdom and justly to be suspected to be Favourers of the Rebellion in Ireland Resolved c. 1642. That those Persons that advised His Majesty to this Message are Enemies to the Peace of this Kingdom and justly to be suspected to be Favourers of the Rebellion in Ireland The Year 1642. began with Sir Symon Harcourt's Expedition against Carrickmain in the County of Dublin on the Twenty sixth of March which proved fatal to him nevertheless his Lieutenant-Colonel Gibson took the Castle and put all within it to the Sword refusing to give Quarter to those obstinate Rebels that had slain his beloved Colonel And about the same time all the Popish Priests that could be found in Dublin were by the Lords Justices sent in French Bottoms to France In the beginning of April 1642. Doctor Jones afterwards Bishop of Meath and Seven other Divines who by Virtue of a Commission dated the 23d of December 1641. had taken many Examinations about the Rebellion and the Murders Plunders and Robberies committed by the Irish did out of their Depositions form a Remonstrance and being recommended by the Lords Justices and Council they did Present it to the Commons House of Parliament in England It set forth That the Rebellion was occasioned by the ancient Hatred which Papists bear to Protestants and by their Surfet of Freedom and Indulgence in that Kingdom That the Design was to eradicate the Protestant Religion and the Professors of it that the Rebellion was general and of a long Contrivance that sometimes they pretended the Kings Commission and sometimes spoke Contemptibly of his Majesty that they designed to extirpate all of English Extraction even the very Papists that they kicked Bibles up and down and
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
it was before The Protestants considered the necessity of this Tax and patiently submitted to it but the Papists made all the opposition they could but in vain for there was no other way left and this it self was not sufficient to prevent the mutiny and the ruin of the Army All these things tended to draw on the Cessation which the Marquess of Ormond by His Majesties Letter of the Twenty third of April was ordered to make with the Irish and was by a Second Letter from His Majesty of the Third of May brought to him by Mr. Brent pressed to hasten and by a Third Letter of the Second of July and a Fourth of the Seventh of September he was farther importuned in that Matter nevertheless there was a Party in the Council upon whom the Villanies of the Rebels had made so deep an Impression that they could not endure to hear of any Treaty with the Confederates and therefore the Marquess of Ormond on the Twenty second of June made a Motion in Council which is Entered in the Council-Book as followeth viz. By the Lords Justices and Council Jo. Borlace Hen. Tichburne THE Lord Marquess of Ormond this day moving at this Board that if Ten thousand Pounds may be raised whereof the one half to be in Money and the other in Victuals and to be brought in within a Fortnight that his Lordship would in such Case proceed in the War and immediately endeavour to take in Wexford and forbear to prooceed in the intended Treaty of Cessation of Arms with the Rebels It was thought fit to call before Us the Mayor of this City of Dublin and others who appearing We had Conference with them at this Board concerning the same and find that such is the Poverty of this Place and People as that Sum of Money or Proportion of Victual cannot be raised Given at His Majesties Castle of Dublin 22d June 1643. La. Dublin Roscommon Edw. Brabazon Char. Lambert Adam Loftus William Parsons Thomas Lucas Francis Willoughby G. Wentworth But whether they thought that Supplies would be sent from England or that they were willing to struggle with any Extremities rather than to have Correspondence with the Murderers of their Friends and Relations and the Plunderers of themselves it is certain that Part of the Council still continued averse to the Cessation Hereupon Sir Robert Meredith Sir William Parsons Sir John Temple and Sir Adam Loftus were Committed to Prison by His Majesties Order on the Second of July and on their Petition they were refus'd to be Bayl'd but they had the Liberty of the Castle with a Keeper But on the 4th of July the Lords Justices and Council received a smart Letter from the two Houses of Parliament in England taxing them with Publishing That their present Difficulties were occasioned by the Failures of the English Parliament To which they returned as Tart an Answer on the Twenty eighth of October importing That they gave full frequent and seasonable Notice of all their Wants from time to time to the English Parliament and therefore did not know where else to lay the blame In the mean time there hapned a pleasant Passage on the Eighth of July at which time the Lords Justices and Council sent a Message in writing to the Confederates Purporting that if the Rebels would release Captain Farrer they would exchange Captain Synot for him but the Confederates were so distasted at the word Rebels that they sent back this Answer We do not know to whom this Certificate is directed and we will avow Our selves in all Our Actions Bur. 128. to be His Majesties Loyal Subjects neither shall it be safe henceforth for any Messenger to bring any Paper to Us containing other Language than such as Suits with Our Duty and the Affections We bear to His Majesties Service wherein some may pretend but none shall have more real Desires to farther His Majesties interest than His Majesties Loyal and Obedient Subjects Mountgarret Muskery Fr. Thom. Dublin Malachias Tuamen Castlehaven Audley R. Bealing Torlo O Neile Patr. Darcy And it is observable Lords Justices Letter of 29. July 4â— that Sir John Netervill being indicted of Treason Petitioned the King setting forth that his Witnesses were forced by the Rack to swear more than was true and instances Cornelius Moran and that his own Examination was mutilated of all Matters that might excuse or lessen his Crime but upon Search it appeared that Cornelius Moran was not made use of as an Evidence against him at all and that the Clauses he mentioned to be expung'd were found uncancell'd in his Examination It seems that the Treaty about the Cessation so influenced the Army that it did little this Summer only Colonel Monk on the 27th of June issued out with a Party of Thirteen hundred Foot and 140 Horse and he had the good Fortune at a Pass on the Boyne near Castlejordan to encounter Four thousand Irish Foot and Six hundred Horse under General Preston and to get the better of them however for want of Provisions he was fain to march to Wickloe and was afterwards Commanded thence into Meath to attend Owen Roe O Neal whose Army was near Portlester and there he joyned the Lord Moor who was Commander in chief of this Party and tho' it did not come to a Battel yet the valiant Lord Moor was unfortunately Slain by a Shot from a great Gun not many days before the Cessation was concluded Neither was there much done in the rest of the Provinces for the same Reason but the little that was done ought to be mentioned before we touch the Cessation that so we may take that Treaty entire And first in Munster the Lord of Insiquin divided his Army in the beginning of May and himself marched westward Battel of Killworth whilst Sir CHARLES VAVASOR went Eastward and took Mac Thomas's Castle and other Castles in the County of Waterford But on the Twenty seventh of May the Army to the number of Four hundred Horse and Four thousand Foot rendevouzed at Bottivant from whence Lieutenant Colonel Story with Two hundred Horse and Twelve hundred Foot was detached into Kerry where they got a Considerable Prey and also rescued some English and on the Twenty eighth the Lord Insiquin with the rest of the Army marched to Killmallock and ranged to and fro thereabouts whilst on the Thirty first of May Sir Charles Vavasor with another Detachment attacked the strong Castle of Cloghleagh which he took on the Third of June but on the Fourth of June by great negligence and want of Conduct he was well beaten by the Earl of Castlehaven on the Plain between Formoy and Killworth and Six hundred English were there slain and Sir Charles and others were taken Prisoners which was a just Judgment upon them for suffering some inferiour Officers to violate the Quarter they had given to the Garrison of Cloghleagh and by this Considerable Victory the Rebels were so elevated that they made a brisk
and One hundred and fifty Horse and many Colours and some Prisoners of Note and it was at this time that the Articles of Glamorgans Peace were found in this Prelates Trunk or Pocket as hath been already mentioned And soon after this small Party being reinforced with part of the Legan Army took in Thirteen Castles in the Barony of Tyreragh with much Corn and other Provisions therein which exceedingly enlarged their Quarters and plentifully supplied them with some Accommodations which else they would have sensibly wanted in the following Winter And as to Ulster the Military Transactions were inconsiderable this Year for Owen Roe had so small a Force that he Acted defensively and the Lagan Army was employed in Conaught and the Scots were for the most part called home to quench the Flames in their own Country so that I find nothing worth mentioning except a defeat given to Five hundred of Owen Roe's Men by a far less Party of Sir William Cole's which hapned near Lowtherston on the 20th of November But in October Mr. Annesly Sir Robert King and Colonel Beale who had in May before been by the Parliament appointed Commissioners for Ulster arrived in Ireland and brought with them Provisions and Ammunition and Twenty thousand Pound in Money but for want of a Quorum of Scotch Commissioners to joyn with them little or nothing was methodically done However their Arrival yielded an opportunity to the Lord Lieutenant to begin a Treaty with them wherein he proposed to himself one of three things viz. Either that he might be able to perswade them to unite against the common Enemy or during that Negotiation might convert some part of the British Army to his Majesties interests or by the fear and apprehension of these things quicken the Irish to a speedy and reasonable Peace And Mr. Galbreth who was entrusted with this important Secret did so well execute his Commission that he mist his design very narrowly and these Commissioners were amused to that Degree that they wrote the following Letter to the Speaker but in two or three days after they found out the Secret of this Affair and so the design vanished Honourable Sir THere are some Passages which we omitted in our Letters to the Committee because we judge it expedient to express them in Cipher the Rebels grew higher in their Demands since the Kings Affairs have been in a declining Condition which with abusing the Kings Name and Authority in the taking our Garison in Conaught and turning the English out of some of them hath so incensed the Marquis of Ormond that he desires but Power and Opportunity to break off all Treaty and fall upon them and in Order thereunto we have had an Overture by one that came from him to us for the British and Scots Forces to joyn with him against the Rebels upon these Conditions First That the Treaty between England and Scotland should be observed Secondly That the Covenant should not be prest upon the Forces under his Lordships Command and that it should be left free for those of them that would to use the Common Prayer Book and the established Government till the King and Parliament settle some other Thirdly That the British Army be left to the chief Governour for the time being he appointing them a Governour of their own chusing Fourthly That every Party out of his Estate or Charge be restored Fifthly That none be sent out of the Kingdom without Consent on both Parts Sixthly That some Ammunition be lent to them of Dublin Seventhly For our Security Drogheda should be given into our hands We giving Assurance that use should not be made of it against his Lordship Eightly Both Parties to swear to perform We suppose some good effect might be produced from these beginnings but without the Scots Commissioners we have no Power and therefore expect your Directions therein and desire that in the mean while they may be kept Secret for if any Notice of a Transaction in this kind come to the Rebels it would hazard the putting Dublin and those Parts into their hands the Proposition is the more considerable because your Armies here will much want a Port in Leinster for a Magazine but we shall do nothing in it till we hear from you but what may keep you on Expectation Having nothing more to advertise of them at Present We remain Your most humble Servants Arthur Annessey Robert King William Beale Belfast this 19th of Novemb. 1645. If you think fit to proceed we doubt not but to bring the Business into far better Conditions then proposed But on the Sixteenth of February these Commissioners did by their Letter from Belfast offer to treat with the Lord Lieutenant but he foresaw they would not submit to His Majesty's Authority without which he could not incorporate with them Besides he was too far advanced in the Treaty with the Irish to stop it upon such slender Expectations and therefore he was reserv'd in his Answer to this Address And they finding by his Coldness to them that he had closed with the Irish or at least design'd it they broke off this Negotiation the very same day whereon the Irish Peace was concluded 28 March 1646. The Year 1646. 1646. opened with the Conclusion of the Peace the Articles of which being drawn by Mr. Darcy and Mr. Browne were perfected on the 28th of March and deposited as an Escrol in the Hands of the Marquis of Clanriccard until some Conditions promised by the Irish in a separate Instrument which were to be fulfill'd by the First of April should be performed which were never done and if they had been honestly performed yet those Succors would have come too late for thus the Secretary of State writes from Oxford 26 March That for want of Supplies from Ireland the Army in the West of England is disbanded so that now Supplies will do no good Nevertheless the Irish knew nothing of this and therefore pretended to be very diligent in getting their Men together and Ships were prepar'd and the Lords of Antrim and Glamorgan were at Waterford to forward the Business and on the Third of April the Supreme Council wrote to the Lord Lieutenant That they had Six thousand Men ready and desired they may be Mustered But notwithstanding all this it is believed that they never really intended to send any Succors to the King for the Lord Muskery the very same day viz. the Third of April and by their Command signified to the Lord Lieutenant the Difficulties of their Enterprize in England and desired that they might be imployed against the King's Enemies in Ireland And being resolv'd to imploy those Forces as they pleas'd whatever Directions Ormond should give to the contrary they did on the same Third of April discharge the Ships at Waterford from Demurrage and without expecting an Answer to their Message they did within a day or two after without the Lord Lieutenant's privity imploy most part of those Forces
Assistance of the Lord Digby they brought the matter so far to bear that on the 12th of November the Lord Digby writes thus to the Lord Lieutenant Yesterday the Lord Clanrickard and I finished our Negotiations to which Preston and his Army and Sir Philem O Neal and part of Owen Roes Army will submit You may depend on this Engagement of Preston and his Army since it cannot be violated without such a Perâ—idy ☞ as certainly the Profession of Soldiers and Gentlemen hath never been guilty of The most that will be expected from you is a Declaration to this effect That whereas it is well known even by His Majesties Printed Letters that His gracious Intentions were to secure His Catholick Subjects of this Kingdom in the free Exercise of their Religion by repeal of the Penalties of the Law against them which in the last Articles was left out by the Subtilty of some of their own Party who intended to found this late mischief upon it that it was far from His Majesties intention or Yours to take advantage of that Omission but that they may rest as secure of His Majesties Favour in the repeal of the said Penalties as if it had been positively exprest in the Articles and that for matter of their Churches and Ecclesiastical Possessions it being referred to the King it was far from Your intentions to molest them therein till you knew His Majesties Pleasure in that particular As for your Engagement to obey His Majesties free Commands the Queen and Prince of Wales and my Significations to the advantage of the Catholicks during His Majesties want of Freedom and that you will not obey such Commands to the prejudice of what is undertaken as shall be procured by advantage of His Majesties want of Freedom Your Letter to the Marquis of Clanrickard will suffice you must proceed frankly c. And this was the Posture of Affairs when on the 14th of November Commissioners arrived from the Parliament with Fourteen hundred Foot and other Necessaries for the Preservation of Dublin which they expected to be given up to them upon the Terms proposed In what Condition was the Marquiss of Ormond now he had two inconsistent Treaties upon his hands and both well nigh concluded and he was in Danger least his own Army who abhorred any farther Correspondence with the Irish would with the Assistance of the Fourteen hundred Men newly come Deliver up both Dublin and him to the Parliament of England It is certain he had need of all that Dexterity and Presence of mind that he was Master of to extricate himself out of these Difficulties as he afterwards did It was never a Doubt with him whether he should preserve the Kingdom for his Majesty or submit it to the Parliament but the Question was whether an Union with the Irish would do the former since their Levity was such as that there could be no dependance upon them I have seen all the dispatches between Ormond and Digby upon this occasion and can assure the Reader that the Lord Lieutenant was prevailed upon against his own Judgment by the Lord Digby's importunity and when he did Consent he foretold the issue of that Reconciliation But we will first give an Account of the Treaty with the Parliament Commissioners and then discover the farther Proceedings with the Irish The Lord Lieutenant and Council being pressed by Enemies without and Necessities and intolerable Wants in the City did on the 26th day of September by Letters to the King and to the Lord Mayor of London represent the miserable Condition they were in and did also send over the Lord Chief Justice Lowther Sir Francis Willoughby and Sir Paul Davis in one of the Parliaments ships to the Parliament of England with Instructions from himself and the Council and other Instructions from the Council only The Instructions from the Lord Lieutenant and Council were 1. That a Difference ought to be made the between those that were Contrivers and first Actors of the Rebellion and those that by the Torrent of that Rebellion were afterwards accidently engaged therein and that the Confiscatitions of the former were sufficient to satisfie the Adventurers 2. That they demonstrate the necessity of making the late Peace for the Preservation of the Protestants for tho' the Protestants do survive the breach of the Peace the Reason is because the Irish are now divided and their Frame of Government dissolved 3. That before the Peace they the Lord Lieutenant and Council did enter into a Treaty with the Parliament Commissioners in Ulster to prevent it but by the Departure of the Marquis of Argile into Scotland and of Sir Robert King into England that Treaty fell for want of a sufficient number of the Commissioners and that misfortune was followed by the defeat of Monroe and the Scots at Bemburb 4. That England has receiv'd advantage by the Peace First by their experience of the perfidiousness and Treachery of the Irish ☞ And Secondly by obtaining just cause to use them severely 5. That the Covenant may not be impos'd until it be done by Act of Parliament that nothing of it may be now imposed lest it divide the Protestants and hinder them from a joynt prosecution of the War and for the same Reason the Book of Common Prayer be not suppressed but let those use the Directory that will 6. To â—ustifie the Goverment and Conduct of His Majesties Servants and to wipe off all Scandals 7. To preserve the Estates Persons and Imployments of all those that went hence to serve His Majesty in England and did not joyn with the Rebels at least to get them Liberty to compound or to transport themselves and their Goods 8. That it be immediately published we have free Commerce and Traffick with the Parliaments Towns and Allies and that three or four Ships be sent to Guard our Coasts from the Rebels 9. That Magazines of all sorts be speedily prepared at Liverpool Chester c. 10. To advise them that if Succours be not immediately sent all will be lost and the recovery of it will cost ten times as much Blood and Treasure as it will to keep it now 11. That if the Soldier be not constantly Paid he will revolt to the better Pay-master and that the Revenue here does not keep the publick Persons and Clergy from want 11. That Directions be sent to the Parliaments Forces in Ulster Munster and Conaught to correspond and joyn with Us. 12. That if they send Forces under their own Officers Care be taken to Pay ours equally with theirs to prevent Difference and Mutiny 13. That Sir Francis Butler Colonel Richard Gibson Colonel Henry Warren Colonel Monk and Lieutenant Colonel Gibs now Prisoners with the Parliament Being Men that know the Country and are experienced in the Service may be rather sent than Novices and Strangers or any others Lastly Men without Money and Victuals will do us more harm than good And if as soon as you are
at London you do not advertise us that Succours are coming our Necessities can admit of no delay but will oblige us to think of some other Course The Instructions from the Council were 1. To demonstrate that the Lord Lieutenant and Officers now employ'd being experienced will be more Serviceable to the Preservation and Reduction of Ireland than any others 2. That we prefer the interest of the Crown of England before our particular advantage and therefore rather than our continuance shall hinder Supplies we will surrender but because Patentees cannot leave their Places without His Majesties allowance and are sworn to that effect you must declare that they will resign So as His Majesties Direction be therein obtained and all of them preserved in Persons and Estates and indemnified from publick Engagements and repaid their Disbursements for the publick and be protected for Six Months from private Debts and have Liberty to transport themselves and their Apurtenances where they please And Pursuant hereunto there were two Sets of Proportions delivered to the Agents the first from the Lord Lieutenant only was 1. That he would prosecute the War against the Irish Rebels as vigorously as he shall be thereunto enabled by the Parliament and will faithfully serve the Crown of England therein 2. That neither the Forces he has nor the Forces or Supplies that shall be sent him shall be otherwise employed than according to the Directions of the Parliament of England 3. That he will neither make Cessation or Peace with the Rebels without Consent of King and Parliament of England 4. That he will be oblig'd hereunto by Oath or otherwayes Competent for a Man of Honor and Conscience The other Proposals were from the Lord Lieutenant and Council demanding 1. Three thousand Foot and Five hundred Horse which will make up those here to be Seven thousand fifteen hundred Foot besides Officers and One thousand Horse besides Officers which at three days Pay in a Week amounts to 8258 l. 12 s. od per Month of Twenty eight days and that three Months Pay for them be sent and 1000 l. for Contingencies and Ammunition c. convenient and some spare Arms and Swords 2. That all that have constantly and faithfully served in this War may be preserved in Persons Estates and Employments and the like by those that were for some time forcibly kept by the Rebels but left them as soon as they could and the same of those that went to serve the King in England and the like of so many of the Irish as are accepted of as Adherents to His Majesties Protestant Subjects in this Cause They also wrote to the Speaker of the House of Lords That they were necessitated to make the Peace and the Irish broke it because the British Plantations in Ulster were not subverted And Secondly because Popery was not established in its fulness of Jurisdiction and Practice That Athlone was surpriz'd That they were reduced to Extremity and refer'd themselves to the farther report of their Agents and prayed immediate Assistance Upon the Receipt of these Letters the Parliament of England resolved to send Succours as fast as they could but well knowing that Ormond and his Party were unmoveably fixed in their Loyalty they resolved not to continue him in the Government but to proceed upon the other Overture and to send Commissioners over to receive the Sword and Garisons from him and that being done to settle such a Chief Governour as they should think fit And accordingly they did send over Sir Thomas Wharton Sir Robert King Sir John Clotworthy Sir Robert Meredith and Richard Salway Esquire Who on the 13th day of November arrived in the Bay of Dublin they immediately sent to the Lord Lieutenant that they had matters of importance for the Preservation of the Protestants of Ireland to Communicate to his Excellency and desired his safe Conduct which was accordingly sent them and the next day they Landed and on the 15th they delivered his Excellency a Copy of their Commission and of the Ordinance of Parliament and of their Instructions which were to this Effect To assure the Marquis of Ormond and Earl of Roscomon c. that the Parliament would take the Protestants of Ireland into their Protection and if he would surrender up the Sword and Garisons in four days that then Ormond should enjoy his Estate and have Indemnity from Debts contracted on the publick Accoâ—â—â—s and shall be protected against all Debts for a Twelvemonth that he and his followers may have Passes to go where they please that Ormond should have Two thousand Pound per annum for five years and longer if he cannot receive so much out of his own Estate and that Ormond may live in England if he will submit to all Ordinances of Parliament and that for a Twelvemonth he may live in England and shall not be pressed to any Oath he engaging his Honour not to do any thing disserviceable to the Parliament during that time Then the Lord Lieutenant demanded if by the word Protection it was intended that the Protestants should enjoy their Lives Liberties Estates and Employments without Molestation of the Parliament he also desired to know when the abovesaid four days were to begin and to what Persons and to whose use the Sword and Garisons were to be delivered The Commissioners answer'd They could not explain the word Protection but doubted not but a fair Interpretation would be made thereof That the four days commenc'd 15 November at Nine in the Morning and the Sword and Garisons were to be surrendred to them the Commissioners to the use of the Parliament of England in order to the Preservation of the Protestants of Ireland Ormond repli'd That he could not remit the Safety of the Protestants to the incertainty of a future Interpretation The Commissioners then produc'd an additional Instruction to give such Protestants as they condition withal except such as have been in the Irish Rebellion Assurance of Security to their Persons Estates and Goods in Ireland and that they may live quietly under the Protection of the Parliament submitting to the Ordinances of Parliament and compounding for their English Estates at two years Purchase On the Sixteenth of November the Commissioners offered Assistances of Men and Ammunition for the present Defence of Dublin or Caution they be employ'd to no other use and be restored if the Treaty break off Then Ormond demanded Whether the Protestants that concluded the Cessation or Peace should be interpreted to be in the Irish Rebellion To which the Commissioners answered in the Negative And being farther demanded Whether they expected every protestant should treat for himself or that Ormond's Treaty should suffice for all they answer'd It should serve for all that submitted to the Parliament within twenty days after notice Then Ormond ask'd Whether it was expected they should submit to all Ordinances of Parliament that were or should be made The Commissioners answer'd He saw the Words and they had no
agreed against the Common Enemy and in their Abhorrence and Mistrust of the Irish so that the Privy Council represented to his Excellency That they had deserved as well of the King as Subjects possibly could either by Doing or Suffering and therefore they hoped he would not expose them to the Mercy of their cruel and hereditary Enemies ☞ who by their late Perfidiousness had made themselves incapable of Trust and therefore they desired him again to Treat with the Parliaments Commissioners who would at least perform the Conditions they promise which could not be relied on from the Irish And it is said That his Excellency did rather incline to this Advice because he knew that the Design of many in this Irish Rebellion was intirely to alienate the Kingdom of Ireland from the Crown of England P. W. Remonstrance 583. and to extirpate not only the Protestants but also all the English tho' Catholicks That the Nuncio-Party design'd to separate it from England and to put Ireland under the Protection of some Foreign Prince unless they could advance one of the Old Irish Families to the Throne And accordingly Mr. Anthony Martin in the last General Assembly did propose to call in some Foreign Prince for Protection And so the Lord Lieutenant and Council being reduced to so great straits that they had but Seventeen Barrels of Powder leâ—t and no Magazins either of Stores or Victuals nor any Money either to buy more or to pay the Army did agree to resign the Kingdom to the Parliament for these Reasons 1. It was observed ☜ That no Exercise of the Protestant Religion was so much as tolerated where the Confederates had the Command and that if all the Churches in His Majesty's Quarters should be given or suffered to be taken to the Use of the Romish Religion it would too much countenance the Reproaches of His Majesty's Inclinations to Popery and might be dangerously applied by those who had His Majesty's Life in their Power 2. That it could not be for His Majesty's Honor to have those Subjects and Servants who had stuck to His Cause after all besides was lost in His Three Kingdoms to be at last subjected to the Tyranny of those who then ruled among the Irish whose Persidy was so manifest and their Malice so great as to give Rest to the Parliament Forces and to unite all their Power against those only who had carried Peace to their very Doors Lastly It was known how many Agents the Irish had employed abroad and what Publick Ministers had Reception with them as from the Pope the Kings of France and Spain That if the Garisons now held were put into the Hands of the Two Houses of Parliament they would revert by Treaty or otherwise whenever His Majesty should in England recover His Rights but if either given or left to these Confederates there was little hopes of Restitution while any Foreign Prince should think his Affairs secured or advanced by consuming the Blood and Treasure of England in this Dispute And so on the Fifth of February they made an Act of Council which recites their sad Condition and impowers the Lord Lieutenant to renew the Treaty with the Parliament for the Surrender of Dublin and quitting the Government And accordingly his Excellency did the next day write to Wharton and Salway two of the Parliament Commissioners That he was now satisfied in the Point he scrupled at viz. the King's Orders and therefore was willing to surrender the Government on the Terms formerly propos'd and desir'd that Succors might be sent immediately Hereupon the Parliament did order 3 March That if Ormond would give one of his Sons Hostage for Performance together with the Earl of Roscomon Colonel Chichester and Sir James Ware that then Coot's Regiment of Horse and Monroe's and Fenwick's Regiments of Foot at that time in Ulster should march to his Assistance and that the Lords of Insiquin and Ardes should give the Enemy Diversion And accordingly the Lord Richard Butler afterwards Earl of Arran was sent Hostage to Chester and the aforesaid Three Regiments were received in Ormond's Garisons and the Lord Insiquin sent his Excellency Twenty Barrels of Powder and half a Tun of Match and on the Seventeenth of March the Earl of Roscomon Colonel Arthur Chichester and Sir James Ware were sent to the Committee at Derby-house to be Hostages for Performance of the Agreement with the Parliament and to solicit That Papists always adhering to the King and Papists that got out of the Rebels Quarters as soon as they could and Papists remaining in the Rebels Quarters that have shewed constant good Affections c. may be indemnified That Ormond may have leave to wait on the King and that the other Lords and Gentlemen may have Posses to go through England That Ormond may have leave to transport as many Papists to foreign Service as will go with him for which Liberty he will remit Ten thousand Pound That no Oaths other than those of Fidelity may be imposed on any Protestant and that the Common Prayer and their respective Imployments may be continued to them But they were told by the English Committee That they were Hostages and not Commissioners And on the same 17th day of March the Parliament of Ireland which had before made an Address to the Parliament of England for Protection quod vide Burlace 178 did remonstrate their Gratitude to the Marquiss of Ormond in the following Address signed by the Speakers of both Houses The Remonstrance of the Lords Spiritual and Temporal and Commons in Parliament assembled declaring the Acknowledgment of their hearty Thankfulness to the most Honourable James Marquiss of Ormond Lord Lieutenant General of Ireland His Excellency VVE the Lords and Commons assembled in Parliament in Our whole Body do present Our selves before your Lordship acknowledging with great Sense and feeling your Lordships singular Goodness to Us the PROTESTANT PARTY and those who have faithfully and constantly adhered unto them who have been preserved to this day under God by your Excellencies Providence and Pious Care which has not been without a vast Expence out of your own Estate as also to the hazarding of your Person in great and dangerous Difficulties And when your Lordship found your Self with the Strength remaining with you to be too weak to resist an insolent and upon all Advantages perfidious and bloody Enemy rather than we should Perish You have in your Care transferred Us into their hands that are both able and willing to preserve Us and that not by a bare casting Us off but by complying so far with Us that you have not denied our Desires of Hostages and amongst them of one of your most dear Sons All which being such a free Earnest of your Excellencies Love to our Religion Nation and both Houses do incite Us here to come unto you with Hearts filled with your Love and Tongues declaring how much We are obliged to your Excellency
to visit Munster where we shall find the Lord Lisle endeavouring to displace Insiquin and to give the Command of that Province to the Lord of Broghill but Insiquin was so popular in the Army that it required more time to bring this about than the Lord Lisle had to spare for his Commission determined the 15th day of April so that Insiquin kept his Government and the Lord Lisle together with his Brother Algernoon Sydney and the Lord Broghill went for England where this last and Sir Arthur Loftns impeached Insiquin but the Parliament being embroyled with the differences between the Presbyterian and Independant Parties had not leisure to mind the Accusation and so it â—ell to the Ground But on the third of May Insiquin drew out 1500 Horse and as many Foot and took Drumanna and Capoquin and on the 10th of May he took Dungarvan and if his Provisions had lasted he designed to besiege Clonmell but the want of Victuals and Carriages which has been fatal to most of the Martial Undertakings in Ireland did also force him to return to Cork whereof the Parliament of England being advertized they ordered him Thanks and a Train of Artillery But on the 29th of May he marched out again as far as Cappoquin and on the third of June Major Purdam with a detached Party took a Prey near Carrick and brought it to the Army but Captain Power who went with a Party of Horse to discover the Enemy had not so good fortune for some of them got between him and home and cut off 60 of his Men and took 12 Prisoners and so great were the wants of the Army that the Soldiers died by Scores and Insiquin was again obliged to return without doing any great Exploits in this Expedition Nevertheless being reinforced from England he marched out again in the beginning of August and met with great Success for he took Cahir by Surrender and the Rock of Cashell by Storm with great Slaughter of the Enemy whereof above 20 were Priests or Fryers and from thence he went to Carrick where he was civilly treated by the Lady Thurles and he put that whole Country under Contribution and would have besieged Clonmell if the usual want of Provisions had not hindered his design But Insiquin having on the 28th of September received a very large Recruit of some thousands of Men under the Command of the Colonels Gray Needham Temple c. did again take the Field with 4000 Foot and 1200 Horse Battel of Knockinoss and on the 13th day of November he met with the Irish Army under the Lord Taaff consisting of 7464 Foot and 1076 Horse besides Officers and gave them a total Defeat at Knockinoss there were 4000 Irish slain upon the place and 6000 Arms 38 Colours the General 's Tent and Cabinet and all their Baggage and Ammunion were taken and upon notice of it the Parliament voted 10000 l. to be sent to Munster and a Letter of Thanks and 1000 l. for a Present to be sent to the Lord of Insiquin However all this did not hinder him from sending them in January following the Remonstrance mentioned Appendix 39. and not long after he made a Cessation with the Irish as we shall see anon But the loss of the Catholick Army in Munster about three Months after the Defeat at Dungan Hill did so mortifie the Confederates and their Representatives in the General Assembly which was then Sitting at Kilkenny that they grew very desirous of a Peace if they knew where or from whom to obtain it for the King was then Prisoner in the Isle of Wight and there was no Access to him and therefore it was resolved to send Ambassadors to the Queen and Prince then in France to propose Conditions to them whereof one was to be That they should send a Roman Catholick Lord Lieutenant to Ireland and that if the Queen and Prince declined the Affair that then they should seek the Protection of some other Prince and it was also resolved to send to the Pope to inform his Holiness of the miserable State of the Nation c. Accordingly the Marquis of Antrim the Viscount Muskry and Geofry Brown were sent to France and besides their Errand to the Queen and Prince they had Instructions in reference to the Court of France to be found here Appendix 40. And the Bishop of Fernes and Nicholas Plunket were dispatched to Rome with Instructions mentioned likewise Appendix 40. There was also an Ambassador sent to Spain with like Instructions as to France Mutatis mutandis that no Stone might remain unturned that might grind the poor Protestants of Ireland In the mean time the Irish by the aforesaid loss of their Two Armies were left very naked and weak and lay expos'd to the Efforts of the next Summer and therefore did project if possible either to make a Cessation with Insiquin or the Scots And it succeeded beyond their expectation not only because the Nuncio gave his express Consent to it but because Insiquin began to be jealous that the Parliament or rather the prevailing Independent Faction aim'd at turning the Government into a Republick wherein the Nobility would lose their Privileges and their Peerage And this Notion was so well improved by the Loyal Industry of Dean Boyle now Lord Primate that it produced the aforesaid Remonstrance and prepar'd Insiquin to declare for the King upon the first Opportunity And therefore in January he sent them the aforesaid Remonstrance and not long after imprison'd some of his resisting Officers that continued firm to the Parliament and so stood ready to declare for the King Moreover it was considered that the Support of the King was a Branch of The Solemn League and Covenant which therefore Insiquin thought to be infring'd by the Votes of Non-Addresses to His Majesty and that he might be the better inform'd of other Mens sense of this Affair he sent a Messenger into Scotland since it was impossible to correspond with the Presbyterian Party in England and from the Estates of Parliament of Scotland he had full Approbation of what he had done and of the Cessation he intended to make with the Irish in order to advance the King's Service and answer the Ends of the Covenant Whereupon the Parliament voted him a Rebel and a Traytor on the Fourteenth of April 1648. And so we will leave that Affair till I come to resume it in order the next Year As for Connaught it can afford but little Matter for an Historian this Year being intirely in the Hands of the Confederates Sligo and three or four Castles only excepted Nor was there much done in Ulster that I can find most of their Forces being diverted at the Battel of Dungan-hill as hath been already related But it is mentioned in Whitlock's Memoirs pag. 254. That Sir Charles Coot gave the Rebels a great Defeat and killed 1000 of them but where or how I cannot find Finally In this Year was published a most Treasonable
their first Legate to the Pope and Secretary to the Supream Council But to proceed the Supream Council could not deal with the Nuncio and his Party without the Assistance of Insiquin for Owen Roe stood firm to the Nuncio so that on the 11th of June he proclaimed War against the Supream Council altho' he had sworn Fidelity to them but 't is probable the Nuncio absolved him of that Oath Beling 118. and therefore they did not only borrow Five hundred Horse from Insiquin under the Command of Major Doily but did also on the Twenty seventh of May publish a Declaration exhorting the People to their Duty and Defence and did likewise renew their Oath of Association on the 20th of June and the same day declared War against Owen Roe and his Adherents In the mean time the Nuncio the very next day after he had Excommunicated the Supream Council sent them word that he design'd to Indict a National Synod at Athlone but they were so far from approving of that that they ordered the Marquiss of Clanrickard who sided with them ever since this last Cessation with Insiquin and whereof he was a great Instrument and General Preston to besiege Athlone which they accordingly perform'd and took it before Owen Roe could march up to its relief Upon the taking of Athlone the Nuncio went to Gallaway which Town had agreed to the Cessation and therefore all Divine Offices were interdicted and the Churches were shut and the very Ensigns of Authority were forced from the Mayors own House but that Insolence occasioned such a Tumult that if those Badges of Office had not been immediately returned to the Mayor by the same hand that took them it had certainly come to Blows and Blood in the very Streets and as it was two or three Men were slain in the Scuffle when the Archbishop of Tuam caused the Church Doors to be opened by force Review 132. But what is yet more horrible and monstrous is that the Fryars every where Preached unavoidable Damnation to all those that should adhere to the Cessation which Doctrine confounded the silly People to the utmost Degree of Distraction and Madness and yet as if this were not enough when those who had some Sense and Moderation yet left made a Scruple to fight against their near Relations and those of their own Religion for so small a matter the Nuncio for removing those Scruples published the following Declaration IN the Name of God Amen Whereas about Our last Decision concerning the Publication of the Cessation it was objected by some that altho' for the avoiding of some Loss of Temporal Goods they could not with a safe Conscience publish that Cessation yet it is doubted by them whether the same â—e not Lawful for the avoiding of such Blood-shed and Slaughter as might follow upon the opposition made against it We by these Presents declare that it is a Mortal sin against God and his Church and a breach of the Oath of Association either to procure or suffer the Publication of that Truce and that Catholicks ought and are bound to undergo the Loss of all their Temporal Goods their Liberty all that is dear to them and even their Life it self rather than publish or obey it This also was the Sense of these Our Words in Our former Decree Nullo modo licet c. And indeed We well know that Men cannot lose their Goods in this Dissension without the Slaughter of some or perhaps of many In Witness whereof We have Signed these Presents with Our own Hands the 13th day August 1648. Jo. Bap. Rin. Jo. Rapoten But before this the Nuncio had on the 13th of July summoned a National Synod to sit at Gallaway on the 15th of August whereupon the Supream Council sent him a Letter of the 26th of July shewing the Inconveniencies of that Congress but it had no effect on him for as he was used to do he persisted obstinately in his own Sentiments Whereupon the Council summoned a General Assembly to meet the 4th of September and about that time Antrim Muskery and Brown returned from their Ambassy to France but when they reported to the Assembly that the Queen and Prince intended to send over the Marquiss of Ormond the Popish Clergy who hated him above all others were dissatisfied to the highest Degree and did all that was possible to betray Killkenny and the Supream Council to Owen Roe and if some * Appendix 41. Letters from Fryar Paul King to the Titular Bishop of Clogher had not been intercepted they had in all probability effected it For that Owen Roe might be at leisure to ruin the Supream Council he did make a Truce with Jones Beling 126. and was so hearty in it that he wrote to the Protestant Bishop of Clogher the following Letter which was intercepted To the most Reverend the Bishop of Clogher MAKE haste to Ballysonan and thence to Catherlogh and I will endeavour to defend you Costologh is joyned with Preston and so â—â—â—â—part of the Lord Insiquin's Army all which I will so keep imployed that they shall not be able to hurt you Owen O Neal. But whilst these two Factions were Bandying one against another Insiquin's Army in Munster for want of Supplies which they could not have from England whilst they Acted in opposition to the Parliament was in some Distress whereupon the Colonels Townsend and Doyly by Insiquin's Orders as they averr'd but he denied wrote to the Committee at Derby House That if the Parliament would pay their Arrears and pardon their Defection they would return to their Obedience Hereupon Colonel Edmond Temple was sent over to treat with Insiquin about it but Sir Richard Fanshaw the Princes Secretary got there before him and established Insiquin in His Majesties Service so that Townsend and Doyly were for some time imprisoned and so were Sir William Fenton and Colonel Phair but those last were afterwards Exchang'd for Insiquin's Son then Prisoner in the Tower of London being the Hostage for his Fathers Fidelity and not long after JAMES Marquiss of ORMOND Lord Lieutenant Landed at Cork on the Twenty ninth day of September where he was respectfully received by the Lord Insiquin and his Officers and on the Fourth of October he wrote to the Supream Council that His Majesty had sent him Pursuant to their Requests and that he desired they would send Commissioners to Carrick to treat of a Peace which they readily obeyed and on the Sixth of October his Excellency published a Declaration mentioned Appendix 42. But it may be enquired how it came to pass that when the Confederates desired a Roman Catholick Vice-Roy so passionately and above all other Protestants ahorr'd Ormond as for many other Acts prejudicial to Popery so especially for surrendring Dublin to the Parliament that yet he should be the very Man that should be sent unto them to which it might be answer'd in General and from good Vouchers That Ormond was the Person in the
prevent a Famine had turn'd out of the City and on the 20th the Lord-Lieutenant being informed that Jones had for want of Forrage sent part of his Horse to Tredagh his Excellency ordered Insiquin to pursue them which he performed with great success and having surpriz'd one whole Troop and routed Collonel Chidly Coot and 300 Horse whereof many were killed he follow'd the blow to Tredagh and being re-inforced with two Regiments of Foot and two Pieces of Artillery he besieged that Town whilst it was under consternation at the late Defeat Nevertheless the Garrison consisting of 600 Men defended the place with exceeding bravery until their Powder was spent and then they did a 30 June Surrender on Honourable Conditions and Collonel Coot with 150 Horse and 400 Foot marched to Dublin But whilst Insiquin staid at Tredagh he had notice that Lieutenant-General Farrell with 500 Foot and 300 Horse was gone to Convey a considerable quantity of Arms and Ammunition which Collonel Monke had upon Articles given to Owen Roe whereupon Insiquin sent a detached Party which met with and routed this Convoy and killed 500 of the Men and took all the Arms and Ammunition and what other Booty they had with them And it was from some of the Prisoners then taken that Insiquin was informed of the weak condition of Dundalk wherefore being resolved to prosecute his good Fortune he marched to besiege it and being assisted by the Lord of Ardes he forced Monk in two days time to Surrender the place whereunto he was necessitated by the Mutiny of the Garrison which else would have given him up Hereupon Monk went to England and was imprisoned for a short time as shall be hereafter related and Insiquin took possession of Dundalk and a considerable Magazine that was in it After this prodigious Success the lesser Garrisons became an easy Prey Newry Narrow-water Greencastle and Carlingford submitted to the Conqueror of course and Trim itself did not hold out above two days and so Insiquin having no more to do return'd trimphantly to the Royal Camp at Finglass with more Men than he first carried out And there we must leave him till I give a brief Account of the second Army viz. that of the Presbyterian British and Scots which was so powerful under the Command of the Lord of Ardes that it seized upon Belfast and Carifergus and most part of Ulster and some places in Conaught But they had entertain'd such inconsistent Principles that it was impossible for any other Party to joyn with them and yet they were too weak to stand alone so that their Ruine was inevitable nevertheless it was hastned by their Divisions for when their General the Lord of Ardes perceived that by the Manifesto they published they declared an Abhorrence of the Murder of the late King which rendered their Conjunction with the Parliamentarians impossible and that they published no less Aversion against the Irish so that they rejected any Correspondence either with Owen Roe or the Supreme Council and as well for that reason as because they would not own the new King there was no hopes of their Union with the Cavaleers he saw the necessity of his doing something without them that might strengthen their Party by a powerful Alliance and Conjunction and being offered by the Lord-Lieutenant a Commission to be Chief Governour of Ulster he was easily prevailed upon to submit to the King's Authority which he did in the latter end of April and being joyn'd with the Lagan Forces which were weakned by the Surprize of Sir Robert Steward and Collonel Mervin at a Christning by Sir Charles Coot who sent them Prisoners to England he went to besiege London-Derry where we will likewise leave him and give an Account of the third Army viz. that of the Supreme Council's This Army was mix'd I cannot say incorporated with the King 's by the late Peace and so continued until after the Defeat at Rathnines but having a distinct Interest from the Protestant part of the King's Army and a National and Religious Aversion unto them they never did any service together where ever the Irish were the Majority and in the end most of the Irish being seduced by the Clergy did desert the King's Service some privately and others more openly their Towns became ungovernable and their Clergy grew Mutinous and rejected the King's Authority in the Lord-Lieutenant so that at length their pretended Loyalty became the Scorn and Contempt of their most inveterate Enemies as shall be related in its proper place And as for the fourth Army which was under the Command of Own Roe it consisted of natural Irish and fierce Nuntiotists and this General was so enraged at the Supreme Council both because they did not comply with the Nuntio and because they did not in their Articles of Peace provide for the Restitution of the Escheated Lands in Ulster that he chose rather to correspond with the Parliament then with them And therefore he did on the 8th day of May enter into Articles with Collonel Monk not only for a Cessation for three Months but for mutual Assistance within that time and that Monk should furnish Owen Roe with Ammunition if he wanted and should suffer Ships with Arms Money c. that should be sent to Owen Roe to Harbour in any of the Parliament's Ports And it was in vertue of this League that Lieutenant-General Farrell had the Ammunition from Dundalk which Insiquin took from him as hath been already related And this Irish General did at the same time make some extravagant Proposals which being granted he and his Army would embrace the Service and Interests of the Parliament of England But tho' they were never consented to yet during this League of three Months he did faithfully observe his Agreement to the great prejudice of the King's Army and to the great advantage of the Parliament's Forces which else would have been in an ill condition Moreover he did on the 22th day of May make a League with Collonel Richard Coot in the behalf of Sir Charles Coot and pursuant thereunto and in consideration of 2000 l. in Money and 2000 Cows and some Ammunition he did oblige the Lord of Ards and the Lagan Forces to raise the Siege of London-Derry on the 8th day of August Nevertheless when the Parliament of England were acquainted with these Transactions they Disavowed what the one and the other of these Commanders had done with Owen Roe And tho' Sir Charles Coot being absent escaped with a severe Check only yet Monk who was then in England was Imprison'd and Displac'd and tho' when he was brought to the House he gave good reasons for what he had done and demonstrated the Advantages that the Parliament had acquired by it yet the House would by no means approve it but on the contrary made the following Votes Resolved c. That this House doth utterly Disapprove of the Proceedings of Collonel Monk in the Treaty and Cessation made
Majesty how his Authority was despised by those great Pretenders to Loyalty to which his Majesty answers by his Letter of the 2d of February That he wonders at the Ingratitude of the Irish in the apparent breach of their Recognition of him in the beginning of the Articles of Peace and their solemn Protestations to himself And orders That if Ormond finds them incorrigible ☞ he should timely advise the King of it that not believing himself bound to the Conditions of Peace whilst they are destructively infringed by the Irish and made useless to his Majesty he may use other means for his Restitution and that Ormond should withdraw as soon as he thinks fit In the mean time the Popish Prelates and Clergy met proprio Motu at Cluanmacnoise and though it was expected that by the means of the Marquess of Antrim they would do something or other that would be very disobliging and seditious yet on the contrary they made most pathetical and pious Exhortations to Unity and to lay aside all National and other Animosities and declared it was in vain to expect any tolerable Conditions for their Religion Liberties and Estates from Cromwell in a word they said so much and so well that the Lord-Lieutenant was almost deceived into fresh hopes of their Loyalty and Integrity But an Adder cannot be without a sting nor a Popish Ecclesiastical Congregation meet in Ireland without doing something disobliging to the Royal Authority whilst in Protestant hands and even this meek and pious Assembly could not dissolve until it had spit some of its Venom in a Schedule of Grievances But it is yet more strange P. W.'s Remonstrance 83. that some body had the confidence to obtrude a spurious Paper of Greivances on the Commissioners of Trust instead of the true one and they gave it to the Lord-Lieutenant Whereupon he being highly incensed demanded of the Bishops whether they own'd that Paper and they denied it and on the first of April and not till then produced the true one which was pragmatical enough but not near so bad as the other But that the whole Kingdom might be satisfyed that there were no real Greivances nor just cause of Complaint since all the Mischiefs that had hapned were occasion'd by the Obstinacy of the Ungovernable Corporations Ormond did permit the Commissioners of Trust to issue their Circular Letters for Deputies from all parts of the Kingdom to represent their Grievances and accordingly they came in the latter end of January but being alarum'd at Kilkenny these Deputies adjourned to Juny I suppose Innis in the County of Clare where they made much noise but never had the confidence to reduce their clamour into writing and the Lord-Lieutenant left the City under the Government of the Earl of Castlehaven and went himself to Limerick to which place by his Letters of the 27th of February he invited the Popish Prelates and Clergy and they being come accordingly on the 8th of March his Excellency proposed to them That unless the People might be brought to have a full Confidence in him P. W.'s Remonstrance 75. and yeild a perfect Obedience unto him and unless the City of Limerick in particular would receive a Garrison and obey Orders there was no hopes of making any considerable Opposition to the Enemy and desired them to deal freely if they had any mistrust of him or dislike of his Goverment since he was ready to do any thing for the Peoples preservation that is consistent with his Honour and his Duty to the King And since it was manifest that the Name without the Power of Lord-Lieutenant could bring nothing but Ruine upon the Nation and Dishonour upon him they should either procure entire Obedience to his Authority or propose how the Kingdom might be preserved by his quitting it To all which they answer'd with many expressions of Respect and Affection and gave his Excellency a Paper of Advice mention'd Appendix 45 and so we must leave them for a while and see what was done in the rest of the Provinces In Ulster the Presbyterians and especially the Scots were fierce against the Parliament of England insomuch that the Presbytery of Belfast did on the 15th Feb. 1648 publish a Paper entituled A necessary Representation of the present Evils and eminent Dangers to Religion Laws and Liberties arising from the late and present Practises of the Sectarian Party in England together with an Exhortation to Duties relating to the Covenant The design of which is to exhort the People from associating with Sectaries or Malignants To which Sir Charles Coot and others of the Parliament party made an answer wherein they observe That if they decline the Parliament Burlace 207. they shut the door against all Succours and Supplies from England And secondly They make a Rent and Division amongst themselves And thirdly Must joyn with the Rebels or desert the Kingdom And lastly Must fight against an Army that hath been the Instrument of the Liberty of England and the Quiet of Scotland And it is certain that for want of due regard to the Dilemma in the third Observation the Presbyterian party fell into the Inconvenience mentioned in the second for the Lord of Ards Sir George Monroe and others joyned with the Lord-Lieutenant and the Irish in submission to the King whilst many of the Preachers declaimed so passionately against both Malignants and Sectaries as they called the King's party and the Parliament's that Sir George Monroe was fain to send many Letters and some Threatning Messages to silence them But this Division became the occasion of their Ruine for though they had once all Ulster except London-Derry which was also besieged yet they were in very few Months subdued for as soon as that Siege was raised by Owen Roe Sir Charles Coot marched abroad and took in Colâ—rain And Venables being by Cromwell detach'd from Tredagh had Belfast surrendered to him and though Collonel Trevor did fall upon Venables in his Quarters on the Road to Belfast yet he was bravely repulsed by the Valour of Captain Meredith and then Venables marched to Carrifergus which submitted to him even before his Foot came up and being joyned with Sir Charles Coot they beat Monroe and the Scots on the Plains of Lisnegarvy on the 6th of December and so the Parliament became Masters of most part of what the Presbyterians possest in Ulster But it must not be forgotten that Lieutenant-Collonel Owen O Conally the first Discoverer of the Irish Rebellion marching with a party of Horse from Belfast to Antrim was fallen upon by Monroe and totally routed and himself slain And as for Conaught Beling 196. I find no other mention of any Action there but that the Marquess of Claâ—rickard took Sligo in the Month of May 1649 I suppose from some of the Parliament party In the mean time Cromwell took advantage of the fair Weather ☜ and knowing that nothing could be so destructive to the Irish who wanted all
to excuse my self from communicating to you such Observations as I have made On the contrary I have herewith sent you what I have already collected and will as often as you desire impart to you whatever shall fall under my Notice or Observation that is pertinent to your purpose The Interval between the end of the War and Cromwell's Death affords but little matter for an Historian for it was a time of profound Peace and spent in setting out of Lands setling of Titles in Building and Improvements and in transplanting the Irish into Connaught and imposing the Engagement The Government was managed by Commissioners of Parliament viz. Charles Fleetwood Lieutenant-General of the Army Edmond Ludlow Lieutenant-General of the Horse Miles Corbet John Jones and John Weaver Esquires but the Army was under the sole Conduct of Fleetwood In November 1653. the Commissioners of Delinquency sate at Athlone to determine the Qualifications of the Irish for Transplantation into Connaught and they continued eight Months but did not dispatch Business as was expected and therefore Judg Cook was fain to supply their Defect and some of the other Commissioners removed to Loghreogh to set out Lands to the Irish pursuant to Cook 's Decrees But in Anno 1654. Fleetwood was made Lord Deputy and so continued until August 1655. and then Henry Cromwell was made Commander in Chief of the Army and in the Civil Government Matthew Thomlinson Miles Corbet and Robert Goodwin were in Commission with him and to them Mr. Steel the Chancellor was afterwards added And it was in the year 1655. that the Civil Authority which had been discontinued in Cork since the year 1644. was revived and Sir William 〈◊〉 Maurice Roch Christopher Oliver John Morly John Hodder and other ancient Freemen of the City met and elected John Hodder Mayor and William Hodder and Philip Matthews Sheriffs And in the same year the City and County of Londonderry were restored to the Society of the Governour and Assistants of London of the new Plantation in Ulster within the Realm of Ireland this County being the forfeited Estate of O Cahan and other Irish Septs was by King James granted to this Society under certain Covenants of Improvement whereupon they laid out vast Sums of Money in the Management of that Plantation by building Derry Colerain and twelve Mannor-houses c. But Anno 1636. they were prosecuted in the Star-Chamber on pretence of breach of Articles and their Estates sequestred and Anno 1637. Sir Thomas Fotherly and Sir Ralph Whitfield were Commissioned by the King to make new Leases thereof And tho there did pass a Vote of Parliament Anno 1640. to null the Decree of the Star-Chamber yet by reason of the Irish Rebellion following so soon after they were not restored until this year but Anno 1662. King Charles II. gave a new Charter to this Society under which it flourished till of late But to proceed After Oliver's Death the new Protector made his Brother Henry Cromwell Lord Lieutenant and so he continued until the 7th of May 1659. and then the Parliament sent over Ludlow Jones Thomlinson Corbet and Berry to Govern that Kingdom but Ludlow returned in September so that he was not in Ireland when the following Revolution happened For the People being weary of so many Alterations and Changes and despising the Unsteadiness of the Government were generally inclined to the King's Restauration And this humour being fomented and discreetly managed centred in what they desired The Lords of Montgomery and Broghall Sir Charles Coot Captain Robert Fitz-Gerald Sir Theophilus Jones Sir Oliver Saint-George Sir Awdly Mervin Collonel Mark Trevor Collonel Warren and several others were concerned in this Affair January 1659. They surpriz'd the Castle of Dublin and Jones in it and they seized on Corbet and Thomlinson at a Conventicle in St. Warbert-street and they forced or persuaded Major-General Sir Hardress Waller to comply and so they declared for a Free Parliament The Government being thus in the hands of the Army was managed by a Committee or Council of Officers who upon the Petition of the a Alderman Dee Mayor and Aldermen of Dublin did as they had before design'd summon a Convention By this time the Lord Broghill and Sir Charles Coot were come to Dublin and they projected to suspend the Convention until they had modell'd the Army to their mind and got rid of Sir Hardress Waller But he suspecting their Design seized upon the Castle of Dublin so that they were fain to besiege him and in five days forced him to surrender and then they sent Him Jones Thomlinson and Corbet Prisoners to England But the Victorious Confederates were like to Clash amongst themselves one Party being for Articling with the King for the Confirmation of the Estates of Adventurers and Soldiers and the other Party being for His Majesties Restoration without any previous Condition but at length they agreed in this latter Sentiment and the Convention met on the 7 th of February Sir James Barry being their Chair-man Their first Act was to order a Fast and Humiliation for their Sins amongst which the Murder of the King was Enumerated and all their Actions were suitable to this beginning so that they seemed to contend with England which should be most forward in Restoring the King On the 16 th of February The Council of Officers published their Memorable Declaration for a full and free Parliament and the Re-admission of the Secluded Members in the Parliament of England And pursuant to it the Convention published a Declaration on the 12 th of March to the same purpose and afterwards viz. the 14 th of May they accepted of His Majesties Declaration of the 14 th of April from Breda and cheerfully concurr'd to His Restoration And as soon as this was done the Irish Papists who had fat still all this while and contributed nothing to this great Revolution thought to reap all the Benefit of other Mens Merits insomuch that several of them took Possession of their former Estates and this Grievance was so general that the Convention was necessitated on the 20 th day of May 1660. to issue a Declaration for preserving the Peace and quieting Possessions and on the first of June His Majesty in England issued a Proclamation to the same purpose This Convention gave His Majesty 20000 l. the Duke of York 4000 l. the Duke of Glocester 2000 l. and then leaving a standing Committee to Govern the Nation Adjourn'd till the first day of November following On the 18 th of October His Majesty be Letter approv'd of this Convention and so on the 22 d of January it met again Sir William Dumvill being Chairman and so continued until its Dissolution in May 1661. In the mean time the Government was in the Hands of Sir Charles Coot and Major William Bury who were sided Commissioners of Government and Management of Affairs in Ireland but not long after Sir Maurice Eustace Lord Chancellor Roger Earl of
Bryan mac William Farral John mac Edmond Farral John Farral Roger mac Bryne Farral Barnaby Farral James mac Teig Faral his Mark. Morgan mac Carbry Farral Donough mac Carbry Farral Richard mac Conel Farral William mac James Farral James Farral Taghna mac Rory Farral Cormack mac Rory Farral Conock mac Bryne Farral Readagh mac Lisagh Farral Connor oge mac Connor Farral Edmond mac Connor Farral Cahel mac Bryne Farral Appendix IV. A Letter from the Lords Justices and Council to King Charles the First to prevent a Peace with the Irish May it please your Most Excellent Majesty WE your Majesties Justices on the 30 th of January last Receiv'd your Majesties Letter of the 11 th of the same We being then in Council at this Board which Letters we then immediately communicated to the Council as we always do in all matters of Importance concerning your Majesties Affairs here By those Letters your Majesty declared that you had sent a Commission to our very good Lord the Lord Marquess of Ormond and others Authorizing them to receive in Writing what the Petitioners Catholicks of Ireland mentioned in those Letters would say or propound and to return the same to your Majesty And by the same Letters your Majesty Commanded us your Justices to give those Commissioners our best assistance and furtherance as there shall be occasion wherein as in all things else we have always done and shall ever do we shall most readily obey your Majesties Royal Commands with all humble Duty and Submission having nothing more in our Care and Endeavours in these perplexed times than to advance your Service and to preserve your Soveraign Rights and Interests here where so dangerous Attempts have of late been made against them by so Aniversal a Conspiracy of the Papists of this Kingdom We do with much Joy of heart Comfort our selves to see your Majesties gracious inclination to hear your Subjects whatsoever they be in themselves and as therein we behold your goodness so we to whose Care and Circumspection your Majesty hath committed the great Trust of this your Kingdom cannot but esteem it a great breach of Duty and Faith in us to be silent in such things as may give light in this important business and which cannot come to your Majesties knowledge but by your Ministers These Petitioners do affirm That they had recourse to Arms for Preservation of your Royal Rights and Prerogatives which if it were true we should be subject to the full Tax of Treachery if we should not with all Zeal and hearty Affection have joined with them And if that had been the true ground of their entring into quarrel with us it should cost little Mony or Blood to the Kingdom of England to reconcile us They well know that before this Rebellion in the Parliament held here and formerly we opposed them several times where we found them vehemently labour to abridge those Prerogatives and antient Rights of the Crown here and to derogate from your Royal Authority in many Parts thereof as by particulars will appear But we must upon full observation of their Courses and Actions since the First breaking out of this unnatural Rebellion unfeignedly affirm That they do but take up this for an excuse of their most odious breach of Faith and Duty to your Most Sacred Majesty their inward intent being as since hath appeared to deprive your Majesty of all those Prerogatives they spake of and even of your Crown and Kingdom resolving also to destroy and extirpate out of this Island as well the true Protestant Religion as also your Majesties most Loyal Brittish Subjects whom they hate chiefly because they Religiously love your Majesty and your Children and in that love were such leaders of them in all their late seeming Acts of Bounty and Duty towards your Majesty as without shameful bewraying their evil hearts they could not shun the same whereat they often shewed much reluctancy as appeared in reducing the subsidies and other things In Vlster where the Rebellion first broke forth it is testified upon Oath by a Gentleman that was a Prisoner amongst the Rebels that he heard one of the Rebels a man of Note amongst them say That if he had your Majesty where he than spake that he would flea you quick but they would have the Kingdom and their will of you Others there said that they had a King of their own in Ireland Others said that they would have an Irish King and regarded not King Charles the King of England Others that they had a new King and had Commission from him for what they did Others that Sir Phelim O Neal should be their King and that they would give a great sum of Mony to have King Charles his Head these Speeches were uttered in several Counties in that Province and by several Parties also those in Vlster devis'd false Prophesies and dispers'd and publish'd them and amongst others things so devis'd by them one Prophesie is said to be that Tyrone or Sir Phelim O Neal should drive your Majesty with your whole Posterity out of England and that You and your Posterity shall be hereafter Profugi in terra aliena in aeternum to which Phelim O Neal Regal Attributes have been given by some of the Rebels and he hath written in a Regal Stile and did Seal Letters with a Seal whereon there was a Regal Crown which we have seen When the Rebellious Lords and Gentry of the Pale and Leinster and after them those of Munster and Conaugh and the Irish in Leinster rose in Rebellion who appeared not in Arms until those in the Pale brake out those in the Pale declared to Assault your Majesties Castle and City of Dublin where reside your Officers of State and where are the Ensigns and Ornaments of your Royal Authority and Soveraignty here and all the Records of your Revenues and Interest which they purposed to Seize and by holding that Place to take away the means for arrival of English here other than by main force to which intent they Assembled in great numbers near this City within two or three Miles round about it having then also strongly Besieg'd your Majesties Port Town of Droghe da as a step to the gaining of this City presuming all this while that no succour should come out of England and all this done not only by the barbarous Rebels of Vlster but also by the degenerate ungrateful Lords and Gentry of the Pale and when by Gods blessing and your Majesties tender care of the remanant of your poor People left yet undestroyed in sending Forces hither we were enabled by your Majesties Forces to beat off those Multitudes and to raise the Siege of Drogheda then as well the Old English as the Irish all Papists and now Rebels which drew themselves farther off and finding that they had not so ready a way to rent the Kingdom out of your Majesties hands as they at first supposed they then found it necessary to fall
contribution was worth And the Subsidies were not only First proposed by the Protestants but would never have been consented to by the Papists if they had not found the number of the Protestant Members sufficient to out-vote them and therefore when several of the Protestants were absent with the new Army near Carrigfergus and upon several pretences excluded and Popish Members chosen in their Room so that the Popish Party was most numerous Then the Subsidies which before were One and Forty Thousand Pound apiece were by them reduced to Twelve Thousand Two Hundred Pound apiece whereby the forwardness they boast of sufficiently appears to be untrue And as to Proportion the Protestants besides what the Clergy contributed paid above a Third part of the whole and how it was disposed of appears by the Accounts of the Officers and very much contrary to what the Remonstrants have scandalously suggested And if they were as well devoted to the Crown as the Protestants are his Majesty would soon reap considerable profit out of so fruitful and Flourishing a Kingdom to be disposed of as he should think fit To the 6 th that there was an absolute necessity of Disbanding the new Army there being neither Victuals nor Mony left for them and the charge being too great upon the Kingdom as the Remonstrants declared in Parliament when they were moved to contribute towards it however the Lords Justices did not Disband them without his Majesties Warrant for it and they had also the Kings approbation when it was done And now the Reason is manifest why some of the Remonstrants who were engaged in the Conspiracy were so loath to have that Army disbanded viz. because they saw themselves disappointed of such a help and those Arms with a more full hand to execute their Bloody Design upon the Protestants wherein many of that Army concurred and for the same reason they opposed the Transportation of any of those Forces to Spain and the Priests disswaded the Soldiers from going else certainly they would not be backward to rid the Country of those loose Idle Men nor to assist a Catholick Prince of whom soon after they implored Aid against his Majesty But they had another use of those Soldiers in prospect and which is since executed on the Protestants to the full and their fiction that one of the Earl of Strafford's Servants had threatned to blow them up whereupon a Committee was appointed to search under the Parliament House for Powder was only a Trick to discover the Stores for when they found none there they continued their importunity to see where the Magazine was and were discontented at the denial As for the Chimera of bringing Ten Thousand Scots to force the Papists to change Religion and the Speech that Ireland would never be well without a Rebellion to the end the Natives might be Extirpated it is no wonder the Remonstrants whose thoughts were full of Extirpations which they have too fully effected should think the like designed by others but that it is incredible that the Persons named whose Estates are in Ireland and Families are setled there should disturb that Peace they have so long endeavoured to Establish or should desire a Rebellion which would be doubtfull in Success but certain in Desolation And in like manner ridiculous is the Story of Wagers the truth of which is that at the Sheriffs Table at Wexford Assizes a Protestant proposed to a Papist that he would give him Five Pounds and the other should give him Fifty Pounds for it if he did not come to Church within a Twelve Month whereat the Papist not understanding the Joke seemed surprized and protested he would not come to Church within that time why then says a Third Person you will lose the Fifty Pound for it is to be paid if you dont whereat the Jest was understood and it became matter of laughter there though it be one of the Grievances here pickt up to stuff this Remonstrance and one of the Grounds to justifie their bloody Rebellion The Position that Ireland if named is obliged by an English Parliament affects the Protestants as much as the Papists of that Kingdom however it ought to be decided by Arguments and not by Arms Nor should the Resolution of that Point be written in the Blood of so many murthered Innocents but how the Remonstrants should before their Rebellion have notice of any Intention or Protestation of the Parliament of England to introduce a Law for extirpation of Popery is very unaccountable because the Vote that did pass was subsequent to the Insurrections of the Irish and in Detestation of their inhuman Cruelties Nor in truth were the Irish afraid of any Hardships from the English who lived amongst them even with such kindness and confidence as hath proved fatal to the whole party And though now they pretend that the Priviledges of Parliament are violated by sending for a Sitting Member to answer an Impeachment in England yet when that Point was debated in the Case of Sir George Ratcliff who craved the Aid and Protection of the House then one of these Remonstrants could advise the House to take no notice of it lest any variance should arise between the two Parliaments but when the Protestant was sent over then indeed they instructed their Committee to sollice and settle that Point for the future To the seventh the readiness in His Majesty to hear their Grievances which they confess should have obliged them to Loyalty and Obedience to him and at least Neighbourlike Demeanour to his Subjects and not to scandalize His Majesty through his Ministers by false Accusations against them for the Lords Justices did neither hinder the going of the Irish Committee to England nor send any after them to cross or impede their Design nor in any Case misinform His Majesty But on the contrary when they received a Commission dated the 4 th of January 1640 to continue ptorogue or determine the Parliament as they thought fit they believing that the Parliament designed the general good of the Kingdom not only continued it but also gave it all the Countenance they could So that a Noble Peer moved in the Lord's House That it might be recorded to remain to Posterity That the Lords Justices had always ohearfully received their Requests and Messages and wers ready to comply with them and since the Remonstrants by His Majesties Order had view of all the Private Letters if they could have found any such misinformation as they complained of they would have instanced it to His Majesty and not give him Suppositions for Gertainties And as to the Power of Judicature of the House of Lords in Cases Capital His Majesty wrote to know whether there were any Presidents of it and the Lords Justices having consulted the Upper House returned a true Answer that none were to be found nor do the Remonstrants regard that Power but at that Juncture their party being prevalent they thought they had an Opportunity to get
and if the Confederates be so desirous to try their innocency as they pretend they need not stay for another Parliament in Ireland but submit to that which is now in being which is an equal and just Parliament as in some of our Reasons touching that point is expressed ☞ and the offering to draw it to a new Parliament is in effect to desire that they may be their own Judges For as that Kingdom is now imbroiled and wasted the chief Delinquents or their Confederates will be so prevalent a Faction in the next Parliament that they will be able and doubtless will clear all the Popish Party how guilty soever and condemn all the Protestants how innocent soever These Answers to the high and unexpected demands of the Confederates we have framed in humble obedience to your Majesties directions but being very sensible as of the weight and great importance of the business so also of our own weakness and want of time and well knowing that some of your Majesties Privy-Counsellors Judges and Officers of that Kingdom are now in Town sent for over and here attending by your Majesties Command who by their long observationsâ— and experience of the aâ—aâ—rs and state of Ireland are better ablâ— to give your Majesty morâ— full and satisfactory answers touching the premises than we can and conceiving that the Collection in answer to the said Confederates Remonstrance which we humbly presented to your Majesty the Seventeenth of the last Month of April may in many things give your Majesty more light than these our answers do or can We humbly beseech your Majesty that the said Privy-Counsellors Judges and Officers as occasion shall require may be called upon and heard to give your Majesty the more satisfaction in these particulars and that to the same purpose the Book of the said Collections may be perused and considered of as your Majesty shall find most requisite Append. XXIV Articles of Peace made concluded accorded and agreed upon by and between his Excellency James Lord Marquess of Ormond Lord Lieutenant General and General Governour of his Majesties Kingdom of Ireland for and on the behalf of His most Excellent Majesty of the one part And Richard Lord Viscount Mountgarret Donogh Lord Viscount Muskery Sir Robert Talbot Baronet Dermot O Bryen Patrick Darcy Geffery Brown and John Dillon Esquires Appointed and Authorised for and in the behalf of His Majesties said Roman-Catholick Subjects on the other part 1. IT is concluded accorded and agreed upon by his Majesties said Commissioner for and on the behalf of His most Excellent Majesty and the said Richard Lord Viscount Mountgarret Donogh Lord Viscount Muskery Sir Robert Talbot Baronet Dermot O Bryen Patrick Darcy Geffery Brown and John Dillon Esquires on the behalf of the said Roman Catholick Subjects and his Majesty is graciously pleased that it shall be provided by Act of Parliament to be passed in the next Parliament to be held in this Kingdom That the Professors of the Roman Catholick Religion in the said Kingdom or any of them be not bound or obliged to take the Oath expressed in the Statute of Secundo Eliz. commonly called the Oath of Supremacy and that the said Oath shall not be tendred unto them and that the refusal of the said Oath shall not redound to the prejudice of them or any of them they taking the Oath of Allegiance in haec verba I A. B. do truly acknowledge confess testify and declare in my conscience before God and the World That our Sovereign Lord King CHARLES is Lawful and Rightful King of this Realm and of other His Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty and His Heirs and Successors and him and them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against His or their Crown or Dignity and do my best endeavour to disclose and make known unto His Majesty His Heirs and Successors or to the Lord Deputy or other Governour for the time being all Treasons or Trayterout Conspiracies which I shall know or hear to be intended against his Majesty or any of them and I do make this recognition and acknowledgement heartily willingly and truly upon the true faith of a Christian So help me God c. So as by the same Act it be further Provided and Enacted that if any Roman-Catholick happen to be promoted presented or advanced to any Ecclesiastical Promotion Dignity or Benifice according to the form now used in the Protestant Church of Ireland that the freedom and exemption aforesaid shall not extend to any such Roman-Catholick Or if any being a Protestant be advanced promoted or presented to any Ecclesiastical Benefice Dignity or Promotion shall afterwards happen to become a Roman-Catholick that the freedom and exemption aforesaid shall not so far extend to any such Roman-Catholick but that upon tender of the said Oath and refusal thereof he be for that cause left subject to privation of the said Benefice Dignity or Promotion according to the said Statue and it is further concluded accorded and agreed by and between the said Parties that for all matters concerning the first Proposition of the said Catholicks viz. That all Acts made against the Professors of the Roman-Catholick Faith whereby any restraint penalty mulct or incapacity may be laid upon any Roman-Catholick within the Kingdom of Ireland may be Repealed and the said Catholicks to be allowed the freedom of the Roman Catholick Religion That His Majesties said Roman-Catholick Subjects be referred to His Majesties gracious Favour and further Concessions and that no clause in these Articles shall or may hinder His Majesties said Roman-Catholick Subjects or any of them from the benefit of His Majesties further Graces and Concessions and that no use shall be made of the Papers past on this Treaty or any of them concerning the said first Proposition which may in any sort hinder the said Roman-Catholick Subjects or any of them from His Majesties further Concessions And that His Majesties said Commissioner and other chief Governour or Governours of this Kingdom for the time being shall cause whatsoever shall be further directed by His Majesty to be passed in Parliament for and on the behalf of His said Roman Catholick Subjects to be accordingly drawn into Bills and transmitted according to the usual manner to be afterwards passed as Acts in the said Parliament 2. It is further concluded accorded and agreed upon by and between the said Parties and his Majesty is graciously pleased to call a new Parliament to be held in this Kingdom on or before the last day of November next ensuing and that all matters agreed on by these Articles to be passed in Parliament shall be transmitted into England according to the usual form to be passed in the said Parliament and that the said Acts so to be agreed upon and so to be passed shall receive no alteration or diminution here or
in England provided that nothing shall be concluded by both or either of the said Houses of Parliament which may bring prejudice to any of His Majesties Protestant Party or their Adherents or to any of his Majesties Roman-Catholick Subjects Party or their Adherents other than such things as upon this Treaty shall be concluded to be done or such things as may be proper for the Committee of Priviledges of either or both Houses to take cognizance of as in such cases heretofore hath been accustomed and such other things as shall be propounded to either or both Houses by the Lord Lieutenant or other chief Governour or Governours for the time being during the said Parliament for the advancement of His Majesties Service and the Peace of the Kingdom which Clause is to admit no construction which may trench upon these Articles or any of them 3. It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased that all Acts Ordinances and Orders made by both or either Houses of Parliament to the blemish dishonour or prejudice of His Majesties Roman-Catholick Subjects of this Kingdom or any of them since the Seventh of August 1641 shall be vacated and that the same and all exemplifications and other Acts which may continue the memory of them be made void by Act of Parliament 4. It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased that all Indictments Attainders Outlawries in this Kingdom and all the Processes and other proceedings thereupon and all Letters Patents Grants Leases Custodiams Bonds Recognizances and all Records Act or Acts Office or Offices Inquisitions and all other things depending upon or taken by reason of the said Indictments Attainders or Outlawries since the Seventh of August 1641 in prejudice of the said Catholicks their Heirs Executors Administrators and Assigns or any of them or the Widows of them or any of them shall be vacated and made void in such sort as no memory shall remain thereof to the blemish dishonour or prejudice of the said Catholicks their Heirs Executors Administrators or Assigns or any of them or the Widows of them or any of them and that to be done immediately after concluding of these Articles and at furthest before the First day of October next or in case the said new Parliament be called sooner than the said last day of November then Forty days before the said Parliament And that all impediments which may hinder the said Roman-Catholicks to Sit or Vote in the next intended Parliament or to choose or to be chosen Knights and Burgesses to Sit or Vote there shall be removed before the said Parliament provided that no man shall be questioned by reason of this Article for mesne rates or wastes saving wilful wastes committed after the First of November 1645. 5. It is further concluded accorded and agreed upon by and between the said parties And His Majesty is further graciously pleased that all debts do stand in state as they were in the beginning of those troubles and that no grant or disposition made or to be made thereof by vertue or colour of any Attainder Outlawry Fugacy or other Forfeiture whatsoever or otherwise shall be of force and this to be passed as an Act in the said next Parliament 6. It is concluded accorded and agreed by and between the said parties and His Majesty is graciously pleased that for the securing of the Estates or reputed Estates of the Lords Knights Gentlemen and Freeholders or reputed Freeholders as well of Connaught and County of Clare or Country of Thomond as of the County of Limerick and Tipperary the same to be secured by Act of Parliament according to the intent of the Five and Twentieth Article of the Graces granted in the Fourth year of his Majesties Reign the Tenor whereof for so much as concerneth the said Proposition doth ensue in these words viz. We are Graciously pleased that for the securing of the Inhabitants of Connaught and Country of Thomond and County of Clare that their several Estates shall be confirmed unto them and their Heirs against Vs and our Heirs and Successors by Act to be passed in the next Parliament to be holden in Ireland to the end the same may never hereafter be brought into any further question by Vs Our Heirs and Successors in which Act of Parliament so to be passed you are to take care that all Tenures in Capite and all Rents and Services as are now due or which ought to be answered unto Vs out of the said Lands and Premises by any Letters Patents past thereof since the first year of King Henry the Eighht or found by any Office taken from the said first year of King Henry the Eighth until the One and Twentieth of July 1615 whereby our late dear Father or any His Predecessors actually received any profit by Wardship Liveries primer Seisins mesne rates Oâ—ster le mains or fines of alienations without licence be again reserved unto Vs Our Heirs and Successors And all the rest of the premises to be holden of Our Castle of Athloane by Knights Service according to our said late Fathers Letters notwithstanding any Tenures in Capite found for Vs by Office since the One and Twentieth of July 1615 and not appearing in any such Letters Patents or Offices within which rule it is His Majesties pleasure and it is so concluded and agreed that the said Lands in the Counties of Limerick and Tipperary be included but to be held by such Rents and Tenures only as they were in the Fourth Year of His Majesties Reign Provided always and it is the intention of the said parties to these presents that the said Lords Knights Gentlemen and Freeholders or reputed Freeholders of the said Province of Connaught County of Clare and Country of Thomond and Counties of Tipperary and Limerick shall have and enjoy the full benefit of such Composition and Agreement which shall be made with His most Excellent Majesty for the Court of Wards Tenures Respites and Issues of Homage any clause in this Article contained to the contrary notwithstanding And as for the Lands within the Counties of Kilkenny and Wickloe unto which His Majesty was Intituled by Offices taken or found in the time of the Earl of Strafford's Government in this Kingdom His Majesty is graciously pleased that the state thereof shall be considered in the next intended Parliament wâ—â—rein His Majesty will assent unto that which shall be Just and Honourable And it is further concluded and agreed by and between the said Parties and His Majesty is further graciously pleased that the like Act of Limitation of His Majesties Titles for the security of the Estates of His Subjects of this Kingdom be passed in the said Parliament as was Enacted in the One and Twentieth Year of His late Majesty King James His Reign in England 7. It is further concluded accorded and
Irish Rebels and finding how they are in all likelihood in danger to be overborn by the power and potency of their said Adversaries do in all humility beseech your Lordships first to call to mind that his Majesty hath by his Royal assent unto an Act of Parliament obliged himself not to grant any Pardon or terms of Peace to the aforesaid Rebels without the consent of his Parliament of England and accordingly that your Lordships would not suffer any part of his Majesties Honour to be betrayed to calumny in assenting to such packed terms of Peace as they have already contrived to draw your Lordships unto without the consent of the said Parliament of England and without admitting your Petitioners to a free and full debate of the cause whereby they may vindicate his Majesty and themselves from that unnatural aspersion which the Irish would maliciously fasten on them by making the one the fauter and the other the occasion of their Rebellion And that the matter may not be carryed with such indulgency towards them as that to extenuate their real enormities your Petitioners must be made guilty of imaginary crimes and undergo a heavier censure for demanding Justice than they for perpetrating all their Treasons and that their Lives Fortunes and Posterities and which is dearest their Religion may not be sold or sacrificed to the malice of the Irish Papists or if this lawful favour shall be denied them that they may have leave to protest against any such fatal and destructive conclusions as are in hand to be made with the aforesaid Irish Rebels without consent of the King and Parliament or your Petitioners privity and that their fictious pretences of assisting his Majesty wherewith they have too long already abused himself and his Ministers on purpose to protract the War in England may not be a sufficient wile to delude your Lordships any longer but that your Petitioners and not Persons disaffected to their Religion and Nation now to be preserved or ruined may be heard to plead in this cause before any Judgment be given therein and that the Examples of their former and frequent breaches of the Cessation yet unrepaired may be accounted a reasonable caution to your Lordships to expect little better observation of any Peace that shall abridge them of their devilish designs And your Petioners shall ever Pray for your Lordships increase of Honour and Happiness Signed by the Lord Broghill the Magistrates of Cork Kinsale Youghall and Bandonbridge and above Three Hundred other Persons Append. XXVI The Articles between Sir Knelme Digby and the Pope Articles to be sent to the Lord Rimucini to be put in Execution in Ireland with Power to add to and take from them according to the present State of Affairs and as need shall be which will be better understood there upon the place 1. THAT the King of Great Britain do effectually grant in the Kingdom of Ireland the free and publick Use of the Roman Catholick Religion allowing the Ecclesiastical Hierarchy to be restored to the Catholicks with all the Churches and Revenues according to the Custom of the said Religion And as to the Monasteries pretended to have been released to the Possessors by Cardinal Pool Legate in the Time of Queen Mary that it be debated in a free Parliament in Ireland what may or can be done in that Point as likewise touching the three Bishopricks that of Dublin and the other two which are in the Hands of the Heretick Protestants under the Obedience of the King 2. That he annul and repeal all the Penal Laws and others whatsoever made aginst the said Catholicks on the Account of their Religion from the beginning of the Defection of Henry the Eighth to this Day 3. That for the better establishing the free and publick Exercise of the Catholick Religion and to add more Force and Security to the Repeal of the said Laws the King do call a Parliament in Ireland independent on that of England 4. That the Government of the Kingdom of Ireland and the principal Offices there be put into the Hands of the Catholicks and that Catholicks be made capable and promoted to Offices Honours and Degrees in that Kingdom in like manner as the Protestants have been till this Time 5. That the King do put into the Hands of the Irish Catholicks or at least such English Catholicks as the Supream Council of Ireland shall approve of the Town of Dublin and the other two which are held in his Name in Ireland 6. That he join his Forces with those of the Irish to drive the Scots and Parliamentarians out of Ireland 7. This being performed by the King and what else may in Ireland be added or altered in these Articles by the Lord Rimucini His Holiness is willing to pay to the Queen of Great Britain a Hundred Thousand Crowns of Roman Money 8. That the said King do repeal all the Laws made against the Catholicks of England and particularly the two Oaths of Supremacy and Allegiance so as they may enjoy their Revenues Honours Liberties and Priviledges as other the Gentlemen of that Kingdom do so that their being Catholicks shall be no manner of prejudice to them and that in the first Parliament or other Settlement of the Affairs of England His Majesty do approve and confirm the aforesaid Repeal and in the mean Time that they do actually enjoy all manner of Equality with the Protestants 9. That an Agreement be made between the King and the Supream Council of Ireland to transport into England a Body of an Army of Twelve Thousand Foot under Irish Commanders and Officers to whom shall be joyned Three Thousand or at least Two Thousand Five Hundred English Horse under Catholick Commanders upon such Conditions to be adjusted between them concerning the Government of the Army the Ports of their Landing and Places of Security as shall be adjudged just and convenient 10. When the said Forces shall be entred into England and joyned together in any Place His Holiness will pay the first Year a Hundred Thousand Crowns of Roman Money by a Monthly Proportion the same to be continued the second and third Year as â—â—is Forces shall stand and according to the Advantage that shall â—e made by the said Army 11. And lastly because the first six Articles may speedily be put in Execution His Holiness will expect the performance of them in six Months from the Date of these Presents and as to the Eighth and Ninth that require perhaps longer Time he will stay four Months more besides the Six beyond which he will not be tyed to this present Promise At Rome the 30 th Day of November 1645. Append. XXVII The Articles made by the Earl of Glamorgan WHereas much time hath been spent in meetings and debates betwixt His Excellency James Lord Marquess of Ormond Lord Lieutenant and General Governour of His Majesties Kingdom of Ireland Commissioner to His most Excellent Majesty Charles by the Grace of God King of
of Ormond in behalf of himself and others his Majesties Subjects and the said Arthur Annesly Esq c. for and in behalf of the Parliament of England have to these Articles interchangeably set their Hands and Seals And the day before these Articles were Sign'd Viz. 18 July the Parliament Commissioners Signed the separate engagement following Viz. We do hereby consent that the most Honourable the Marquess of Ormond shall be permitted with his Family to continue without trouble or molestation in the Castle of Dublin until the 28 th day of July next unless the Parliament or the Committee at Derby House declare their pleasure for his removal sooner which is to be observed within four days after signification thereof and in the mean while his Lordships own Company commanded by Captain Fortescue Sir Francis Willoubyes Company Collonel Willoubyes Company and Captain Charles Blundells Company shall do the duty for the Guard of the Castle and such as are compriz'd within the Treaty shall have liberty to repair to his Lordship as they shall have occasion and during such his Lordships continuance there he may give the order in the said Castle And at the same time the Marquess of Ormond signed an engagement to leave the Castle and to depart thence according to the abovesaid agreement Appen XXIX The Remonstrance of the Lord Inchiquen and the Army of Munster Mr. Speaker IT is not without an unanswerable proportion of Reluctancy to so heavy an Inconvenience that we are thus frequently put upon the asserting of our own fidelities to the Services of the honourable Houses whereunto as we have by several evidences the mention whereof we make without vain glory manifested our selves sincerely faithful so hath it pleased the Divine providence to prosper our endeavours with very many improbable successes to the attainment whereof though we have strugled thro' all the difficulties and contended with all the sufferances that a People unsupply'd with all necessary and secondary means could undergo yet have we encountred nothing of that dis-affection or dis-couragement as we find administred unto us by a constant observation that it is as well in the power as it is in the practice of our malicious and indefatigable Enemies to place and foment differences upon us not only to our extream scandal and disgrace which we should the less resent â—f their malice could terminate in us but to the obstructing of the supply order'd and design'd for publick service and to the irreparable prejudice thereof which our Enemies can value at so low a rate as to put it into the bargain they are in hand to make for our destruction It being very approvable by us that several Persons in power there do interpose their endeavours to continue us by the Impeding of supplies in a desperate languishing and perishable condition upon the Place and in a despicable and doubtful esteem with the honourable Houses whereof there will need no other instances than that after the several promises made by Letters from the Honourable Committee at Darby house and votes pass'd for transmitting supplys unto us especially in case of Major General Starling his being sent to attend the pleasure of the Houses the only Remora then alleadged to make stay of seven thousand Suits of cloaths and ten thousand pounds in money being before designed for our releif there is no more than two thousand seven hundred pounds sent unto us in mony and thereof but fifteen hundred pounds design'd for the feeding of us and the Souldiers under our Command And that notwithstanding the signal Testimony given of our real intentions and affections to that Cause and service in a late Engagement against the Rebels at Knockninosse which we touch at without any affection of vain-glory the Votes then renewed for our Relief and the Order for our Indemnity which was conceived would not have found so much hesitation with those whose service we had only profest are laid aside and nothing effectual or advantagious done in order thereto for our avail save the transmittal of two-thousand seven hundred pounds but on the contrary new jealousies and distrusts of us are reimbrac'd and fomented It is not therefore so insupportable a dis-comfort to us to observe our own lives exposed a sacrifice to the malice of our now potent publick Enemies who by the conjunction of three several armies are not more encourag'd to confront us in the field than we by the art and practice used to withhold those just and necessary supplyes from us disabled to joyn battle with them as to observe our honourable Reputation and Integrity dearer to us than our lives brought into such frequent question and unworthily mangled depraved and slaughtered by the calumnious aspersions of our powerful and prevailing adversaryes in despight of all our zealous and cordial Endeavours to give indubitable testimony and evidence of our Fidelities What if we are beyond any common measure afflicted and dismay'd we are confident that all persons of honour will acknowledge that we have much more than common cause And now that our adversaries have prevailed to deprive us not only of all hopes of subsisting here in your service but have proceeded for to provide that we may not live hereafter but out of your favour So having intercepted and perverted the comfort we well hoped to have received from other testimonies of our sincerity they have only left us this expedient to testifie our mindfulness of our duty by which is to give humble intimation to that honourable House that we are involved in so great and extream Exigences of distress and universal want with the pressure of three joynt Armies upon our weak and naked forces that there remains no humane means discernable amongst us to subsist by any longer in this service unless it shall stand with the pleasure and piety of those in whose service we have exhausted both our blood and Livelyhoods to send us some seasonable and considerable supplyes or that we should be inforced to entertain such terms as the Rebels will give us which of all things we abominate as knowing our necessities will render them such as must be both obstructive and dishonourable and therefore shall resolve of making that the last Expedient to preserve our own and many thousands of poor Protestants lives by or that it shall please the honourable Houses to send Shipping to fetch us off And so in discharge of our dutyes both to God and man we humbly offer to consideration and remain Subscribed by the Officers under the Lord Inchiquen Appendix XL. The Instructions from the Confederate Catholicks to their Ambassadors Instructions to be observed by the Bishop of Fernes and Nicholas Plunket Esq Commissioners Authorized by and in the behalf of the Confederate Roman Catholicks to the Pope IMprimis You are to represent unto his Holiness the deplorable condition wherein the confederate Catholicks are and for your better information to take with you the draught of the representation of the present condition
Allegiance in haec verba viz. I A. B. do hereby acknowledge profess testifie and declare in my Conscience before God and the World that our Sovereign Lord King Charles is lawful and rightful King of this Realm and of other his Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty and His Heirs and Successors and Him and them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against His or Their Crown and Dignity and do my best endeavour to disclose and make known to His Majesty His Heirs and Successors or to the Lord Deputy or other His Majesties chief Governor or Governors for the time being all Treason or Traiterous Conspiracies which I shall know or hear to be intended against His Majesty or any of Them And I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God c. Nevertheless the said Lord Lieutenant doth not hereby intend that any thing in these Concessions contained shall extend or be construed to extend to the granting of Churches ☞ Church-Livings or the exercise of Jurisdiction the authority of the said Lord Lieutenant not extending so far yet the said Lord Lieutenant is authorized to give the said Roman Catholicks full assurance as hereby the said L. Lieut. doth give unto the said Rom. Catholicks full assurance that they or any of them shall not be molested in the possession which they have at present of Churches and Church-Livings or of the exercise of their respactive Jurisdictions as they now exercise the same until such time as His Majesty upon a full consideration of the desires of the said Roman Catholicks in a Free Parliament to be held in this Kingdom shall declare his further Pleasure 2. Item It is concluded accorded and agreed upon by and between the said Parties and his Majesty is further graciously pleased that a Free Parliament shall be held in this Kingdom within six months after the Date of these Articles of Peace or as soon after as Thomas Lord Viscount Dillon of Costologh Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander Mac Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewal Baronet Jeffery Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerâ—ald Fennel Esquires or the major part of them will desire the same so that by possibility it may be held and that in the mean time and until the Articles of these Presents agreed to be passed in Parliament be accordingly passed the same shall be inviolably observed as to the matters therein contained as if they were enacted in Parliament And that in case a Parliament be not called and held in this Kingdom within two years next after the Date of these Articles of Peace then his Majesties Lord Lieutenant or other his Majesties chief Governor or Governors of this Kingdom for the time being will at the request of the said Thomas Lord Viscount Dillon c. or the major part of them call a General Assembly of the Lords and Commons of this Kingdom to attend upon the said Lord Lieutenant or other his Majesties chief Governor or Governors of this Kingdom for the time being in some convenient place for the better setling of the affairs of the Kingdom And it is further concluded accorded and agreed by and between the said parties that all matters that by these Articles are agreed upon to be passed in Parliament shall be transmitted into England according to the usual form to be passed in the said Parliament and that the said Acts so agreed upon and so to be passed shall receive no disjunction or alteration here or in England Provided that nothing shall be concluded by both or either of the said Houses of Parliament which may bring prejudice to any of his Majesties Protestant Party or their Adherents or to his Majesties Roman Catholick Subjects or their Adherents other than such things as upon this Treaty are concluded to be done or such things as may be proper for the Committee of Priviledges of either or both Houses to take cognizance of as in such cases heretofore hath been accustomed and other than such matters as his Majesty will be graciously pleased to declare his further pleasure in to be passed in Parliament for the satisfaction of his Subjects and other than such things as shall be propounded to either or both Houses by his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being during the said Parliament for the advancement of his Majesties Service and the Peace of the Kingdom which clause is to admit no construction which may trench upon the Articles of Peace or any of them and that both Houses of Parliament may consider what they shall think convenient touching the Repeal or Suspension of the Statute commonly called Poyning's Act Entituled An Act That no Parliament be holden in that Land until the Acts be certified into England 3. Item It is further concluded accorded and agreed upon by and between the said Parties and his Majesty is graciously pleased That all Acts Ordinances and Orders made by both or either Houses of Parliament to the blemish dishonour or prejudice of his Majesties Roman Catholick Subjects of this Kingdom or any of them sithence the seventh of August 1641. shall be vacated and that the same and all Exemplifications and other Acts which continue the memory of them be made void by Act to be past in the next Parliament to be held in this Kingdom and that in the mean time the said Acts or Ordinances or any of them shall be no prejudice to the said Roman Catholicks or any of them 4. Item It is also concluded and agreed upon and his Majesty is likewise graciously pleased that all indictments attainders outlawries in this Kingdom and all the processes and other proceedings thereupon and all Letters Patents Grants Leases Customs Bonds Recognizances and all Records Act or Acts Office or Offices Inquisitions and all other things depending upon or taken by reason of the said Indictments Attainders or outlawries sithence the seventh day of August 1641. in prejudice of the said Catholicks their Heires Executors Administrators or Assignes or any of them or the Widows of them or any of them shall be vacated and made void in such sort as no memory shall remain thereof to the blemish dishonour or prejudice of the said Catholicks their Heirs Executors Administrators or Assignes or any of them or the Widows of them or any of them and that to be done when the said Thomas Lord Viscount Dillon c. or the major part of them shall desire the same so that by possibility it may be done and in the mean time that no such indictments attainders outlawries processes or any other proceedings thereupon or any letters patents grants leases custodiums
bonds recognizances or any Record or acts office or offices inquisitions or any other thing depending upon or by reason of the said indictments attainders or outlawries shall in any sort prejudice the said Roman Catholicks or any of them but that they and every of them shall be forthwith upon perfection of these Articles restored to their respective possessions and hereditaments respectively provided that no man shall be questioned by reason hereof for measne rates or wastes saving wilful wastes committed after the first day of May last past 5. Item It is likewise concluded accorded and agreed and his Majesty is graciously pleased that as soon as possible may be all impediments which may hinder the said Roman Catholicks to sit or vote in the next intended Parliament or to choose or to be chosen Knights and Burgesses to sit or vote there shall be removed and that before the said Parliament 6. Item It is concluded accorded and agreed upon and his Majesty is further gratiously pleased that all debts shall remain as they were upon the 23. of October 1641. Notwithstanding any disposition made or to be made by vertue or colour of any attainder outlawry fugacy or other forfeiture and that no disposition or grant made or to be made of any such debts by vertue of any attainder outlawry fugacy or other forfeiture shall be of force and this to be passed as an act in the next Parliament 7. Item It is further concluded accorded and agreed upon and his Majesty is graciously pleased that for the securing of the Estates or reputed Estates of the Lords Knights Gentlemen and Free-holders or reputed Free holders as well of Connaght and County of Clare or Country of Thomond as of the Counties of Limerick and Tipperary the same be secured by Act of Parliament according to the intent of the 25. Article of the graces granted in the fourth year of his Majesties Reign the tenor whereof for so much as concerneth the same doth ensue in these words viz. We are graciously pleased that for the Inhabitants of Connaght and Country of Thomond and County of Clare that their several Estates shall be confirmed unto them and their Heirs against us and our Heirs and Successors by Act to be passed in the next Parliament to be holden in Ireland to the end the same may never hereafter be brought into any further question by Us or Our Heirs and Successors In which Act of Parliament so to be passed you are to take care that all tenures in capite and all Rents and Services as are now düe or which ought to be answered unto us out of the said Lands and premises by any Letters Pattents past thereof since the first year of King Henry the Eight or found by any Office taken from the said first year of King Henry the Eight until the 21. of July 1645. whereby our late dear Father or any his Predecessors actually received any profit by wardship liveries primer-seisins measne rates ousterlemains or fines of alienations without License be again reserved unto Us Our Heirs and Successors and all the rest of the premises to be holden of our Castle of Athlone by Knights service according to Our said late Fathers Letters notwithstanding any tenures in capite found for Us by Office since the 21. of July 1615. and not appearing in any such Letters Patents or Offices within which Rule his Majesty is likewise graciously pleased that the said Lands in the Counties of Limerick and Tipperarie be included but to be held by such Rents and Tenures only as they were in the fourth year of his Majesties Reign provided always that the said Lords Knights Gentlemen and Freeholders of the said Province of Connaght County of Clare and Country of Thoâ—â—â—â— and Counties of Tipperarie and Limerick shall have and enjoy the full benefit of such composition and agreement which shall be made with his most Excellent Majesty for the Court of Wards Tenures Respits and issues of Homage any clause in this Article to the contrary notwithstanding and as for the Lands within the Counties of Kilkennie and Wickloe unto which his Majesty was intituled by Offices taken or found in the time of the Earl of Straffords Government in this Kingdom his Majesty is further graciously pleased that the State thereof shall be considered in the next intended Parliament where his Majesty will assent unto that which shall be just and honourable and that the like act of Limitation of his Majesties Titles for the security of the Estates of his Subjects of this Kingdom be passed in the said Parliament as was enacted in the 21. year of his late Majesty King James his Reign in England 8. Item It is further concluded accorded and agreed upon and his Majesty is further graciously pleased that all incapacities imposed upon the Natives of this Kingdom or any of them as Natives by any Act of Parliament Provisoes in Patents or otherwise be taken away by Act to be passed in the said Parliament and that they may be enabled to erect one or more Innes of Court in or near the City of Dublin or elsewhere as shall be thought fit by his Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being and in case the said Innes of Court shall be erected before the first day of the next Parliament then the same shall be in such place as his Majesties Lord Lieutenant or other cheif Governour or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon or any seven or more of them shall think fit and that such Students Natives of this Kingdom as shall be therein may take and receive the usual degrees accustomed in any Inns of Court they taking the insuing Oath viz. I. A. B. Do hereby acknowledge profess testifie and declare in my Conscience before God and the world that our Sovereign Lord King Charles is lawful and rightful King of this Realm and of other His Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty and His Heirs and Successors and Him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever which shall be made against his or their Crown and Dignity and do my best endeavour to disclose and make known to His Majesty His Heirs and Successors or to the Lord Deputy or other His Majesties Chief Governour or Governours for the time being all Treasons or Traiterous conspiracies which I shall know or hear to be intended against His Majesty or any of them and I do make this Recognition and acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God c. And his Majesty is further graciously pleased that his Majesties Roman Catholick Subjects may erect and keep free-Schools for Education of youths in this Kingdom any Law or Statute to the contrary notwithstanding and that all
slew more than they lost should yet tamely resign upon the first approach of the Army and surrender their City to the Mercy of an incensed General without making Conditions for their own Indemnity However thus they did and relied only upon a very slight Stratagem to preserve themselves which was that at the Lord Deputy's Entry into the City they placed Plow-shares on each side of the Street intimating thereby that the Oppression of the Soldiers had occasioned so many Plows to lie idle and them to mutiny But the Lord Deputy took little notice of that silly Contrivance however he was resolv'd in his Mind to extend Mercy to the Generality and to make Examples of some few only of the Ringleaders of this Rebellion Oâ— this Number was the Recorder William Miagh who was the Chief Incendiary and Christopher Morough the Lieutenant that seised on the Stores and one Owen a Schoolmaster that had publish'd and preach'd up the Title of the Infanta and William Buler a bigotted Broguemaker that had been exceeding malicious and active in this Sedition These last Three having no Freehold were probably tried by Martial Law condemned and executed But the Recorder had better Luck for he was some time afterwards tried by a Jury of the County of Cork consisting altogether of Irish Papists who against full and undeniable Evidence and his own Confession acquitted him Whereupon the Foreman was fined Two hundred Pounds and the rest One hundred Pounds apiece and Master Miagh being set at Liberty became a Pensioner to the King of Spain and died at Naples But the Lord Deputy having put good Garisons into Cork and Waterford and forced the Inhabitants of each Place to take the Oath of Allegiance and to abjure Foreign Dependencies marched to Limerick and did the like there And on the Twentieth of May the Deputy came to Cashell and there he understood that a certain Priest had bound a Protestant Goldsmith of that City to a Tree threatning to burn him and his Heretical Books and that he did really burn some of the Books and kept the Man in that miserable condition for Six hours together expecting every Minute when Fire should be set to the â—aggots But it is probable the Priest made his Escape because I find nothing of his Punishment From Cashell the Lord Deputy by easie Journies return'd to Dublin and sent his Secretary Mr. Cook to give the King an Account of his Proceedings and gave him a Charge to solicit His Majesty that the Lord Deputy might keep his Place with Two thirds of the Allowance and that he might have leave to wait on the King in England leaving the Government and the other Third of the Allowance with Sir George Cary during his Absence And the better to quiet the People and to oblige them to Loyalty if possible and to induce them to an industrious and regular way of living Temple 11. the Lord Deputy issued a Proclamation of General Indemnity and Oblivion and restored every body not attainted to their former Possessions and prohibited Private Actions for Trespasses committed in the War-time and then being made Lord Lieutenant of Ireland and a Privy Counsellor in England he sailed thither with the King's leave and carried with him the Earl of Tyrone and Rory O Donell Competitor with Neal Gâ—ruff who were not only well received at Court but also highly honoured and respected and Rory O Donel was created Earl of Tyrconel and had a considerable Estate in that Territory granted to him And about the same time the King granted to Sir Randal Mac Donald the Territory of the Rout in the County of Antrim Lib. M. saving Three parts of the Fishing of the River Ban and by these Concessions and Favours which the Irish commonly interpret to be granted to them more for Fear than for Love the Earl of Tyrone Lib. C. and all the principal Irishmen except the Earl of Thomond were encourag'd to petition the King for Toleration of the Popish Religion But the King thought it enough that the Penal Laws against that Religion were not put in execution but rather were in effect suspended by a Connivance that differed little from a Toleration and finding he had to do with a People that never missed any thing for want of asking but were apt to take the Ell if he gave the Inch he became the more reserved in his Concessions to the Irish from thenceforward And altho the King and his Ministers did all he could to bring Ireland into a Method of Government and to reduce the Publick Charge that it might hold some proportion with the Revenue yet because it was not reasonable to disband the Army till the Kingdom was better setled they could not bring the Charge for the Year 1603. lower than 163315 l. 18 s. 3 ¼ d. And that the World may see that the Irish Rebels have justly forfeited those Estates that have been at any time seised by the Crown of England and that it cost England infinitely more Money to reduce them than their Lands were worth to be purchas'd and that the Protestants of Ireland may be sensible of their Obligations to England for its liberal Contributions for their Preservation I must add That the Charge of the War for Four years and a half from the First of October 1598. to the First of April 1603. amounted to Eleven hundred ninety eight thousand seven hundred and seventeen Pounds nineteen Shillings and a Penny Sir GEORGE CARY Treasurer at Wars was sworn Lord Deputy on the First day of June and had but one third of the Deputies allowance 1603. the other two thirds being appointed for the Lord Lieutenant Mountjoy in liew of which this Deputy kept his place of Treasurer at Wars he appointed the first Sheriffs that ever were in Tyrone or Tyrconnel and this very Year he sent Sir Edward Pelhan and Sir John Davis Judges of Assize to those Counties Davis 264. and they were welcome to the Commons but distasteful to the Irish Lords But it seems Neal Garuff was highly dissatisfied with the Conduct of the English in preferring Rory O Donell before him to the Earldom of Tyrconnel Sullivan 201. and therefore Mr. Sullivan introduces that barbarous Hero into the Parliament House and says he spoke boldly and roundly to the Senate and tells us That tho he was offered to be confirmed in his former Possessions and dignâ—fied with the Title of Baron yet he disdained those mean Proposals and Couragiously upbraided the English Nation with Dishonesty and Perfidiousness and says it was he and not they that subdued the Catholicks and curses himself for giving Assistance to the English or trusting to their Promises and he says further That the King of England to obtain Peace from the Spaniard did dissemble his Religion and pretend to be a Papist But this Catholick Author is of no Credit and it is enough to discover the Forgery of this ostentatious Story that there was not really any
Ormond answers that Reply and the Twenty ninth of August they answer that And so after many alternate Messages and Expostulations on the First of September they began to ascertain the respective Quarters and the Irish Commissioners having on the Second of September proposed That the Limitation of Quarters should relate to the Day of Concluding the Cessation the Marquis of Ormond on the Third of September did offer a Temporary Cessation from that Day that they might be at the more leisure to manage the Treaty To which they answer the same day That the Lord Moor and Colonel Monk had invaded their Quarters and Garison'd some Undefencible Houses and Castles and if those be restor'd they are contented that both Armies may withdraw to their respective Garisons Ormond replies That he will consent to withdraw both Armies and as to the Restitution of Places it shall be considered in the Settlement of the Quarters and that many of those called Undefencible Places tho' not thought worthy of a Garison yet were for a long time absolutely in his Power and in the English Quarters and some of them not far from the Gates of Dublin and therefore not fit to be restor'd On the Fifth of September they proceeded about limiting the respective Quarters and on the Sixth of September Ormond writes to them That he heard their Forees besieged Tully a Garison Commanded by Sir George Wentworth who was imployed in procuring Necessary Provisions for him and desires the Siege might be rais'd But the Commissioners reply'd That Monk went to Wicklow the Twenty sixth of August and continues there ravaging and destroying the Country That this very Garison of Tully took away the Corn at Madingstown and therefore they could not hinder a Reprisal but if any of his Lordships Provisions be intercepted they shall be restor'd On the Seventh of September Ormond insisted on withdrawing their Forces from Tully and thereupon they sent an Order to Castlehaven to draw off his Army knowing I suppose that he had taken the Castle and propos'd a Temporary Cessation to the Marquis On the Eighth of September Ormond proposes That the Protestant Clergy and Proprietors may have a Proportion of their Estates in the Irish Quarters to support them and that where Goods were delivered in trust to any Irishman they may be restor'd On the Ninth Quarters were setled and the Preservation of Woods agreed upon but for the Clergy and Proprietors nothing could be done because the Cessation was Temporary and Sufferings of that kind they said were reciprocal On the Tenth of September the Irish Commissioners denied to continue a Cessation as to the County of Kildare unless it may be for the whole Province of Leinster which Ormond would not consent to Then they offered a Supply of Thirty thousand Pounds but on the Eleventh the Marquiss sent a Message to the Commissioners to order the Earl of Castlehaven to forbear farther Acts of Hostility since the Treaty was so near a Conclusion which they did and Ormond did the like to his Forces But it seems Castlehaven notwithstanding their publick Orders knew their private Meaning and therefore marched farther off to the Castle of Disert in the Queens County which he took after the Cessation was finished But on the Twelfth they insisted upon the Name and Title of His Majesty's most Faithful Subjects the Catholicks of Ireland and said That they used it in their immediate Addresses to the King but Ormond replied That he held it not proper at that time to be used to him On the Thirteenth they agreed That the Quarters should relate to the Day of the concluding the Cessation but the Marquis insisted That it was indecent for them to use Force in the County where His Majesty's Commission of Favour was executing and therefore required the Restitution of what they had taken in the County of Kildare since the last of August But on the Fourteenth of September this was refused on pretence that the English had incroach'd upon them in the same County by Garisoning undefensible Places but they offered the fourth Sheaf of Tully and all such Places so subdu'd or 800 l. in lieu of it The Marquis then propos'd to have the Cessation declar'd as from that time since all was agreed but the Commissioners said the Articles might be perfected by next day Noon and till then the Cessation could not be said to be made And so on the Fifteenth day of September the Cessation was concluded and the Articles and Instrument mentioned Appendix 16. were perfected and a Proclamation by the Lords Justices and Council for the Observation thereof issued accordingly bearing date at Dublin the Nineteenth day of September 1643. and Circular Letters were likewise sent by them to all Parts of the Kingdom to give Obedience thereunto But before the Marquis of Ormond would finish this Treaty he consulted all the Great Men and the Chief Commanders then with him who gave their Opinions as in the following Instrument is contained WHEREAS the Lord Marquis of Ormond hath demanded the Opinions as well of the Members appointed from the Council-board to assist his Lordship in the present Treaty as of other Persons of Honor and Command that have since the beginning thereof repaired out of several Parts of this Kingdom to his Lordship They therefore seriously considering how much His Majesty's Army here hath already suffered through want of Relief out of England though the same was often pressed and importuned by His most Gracious Majesty who hath left nothing unattempted which might conduce to their Support and Maintenance and unto what common Misery not only the Officers and Soldiers but others also His Majesty's good Subjects within this Kingdom are reduc'd And further considering how many of His Majesty's Principal Forts and Places of Strength are at this present in great distress and the imminent Danger the Kingdom is like to fall into And finding no possibility of prosecuting this War without large Supplies whereof they can apprehend no hope nor possibility in due time They far these Causes do conceive it necessary for His Majesty's Honor and Service That the said Lord Marquis assent to a Cessation of Arms for one whole Year on the Articles and Conditions this day drawn up and to be perfected by virtue of His Majesty's Commission for the Preservation of this Kingdom of Ireland Witness our Hands the Fifteenth day of September 1643. Clanrickards St. Albans Roscomon Richard Dungarvan Edward Brabazon Inchiquin Thomas Lucas James Ware Michael Ernly Foulk Hunks John Pawlet Maurice Eustace Edward Povey John Gifford Philip Persival Richard Gibson Henry Warren Alanus Cooke Advocatus Regis But the News of this Cessation met with different Entertainment according to the Interests and Inclinations of those it was carried to At the Court of England it was received with Joy and Ormond's Conduct and Fidelity magnified beyond measure It was admired that he could preserve His Majesty's Grandeur throughout the whole Treaty by not admitting the
Title nor Protestation of the Confederates his Prudence and Integrity in continuing the Irish Parliament were highly commended But that he should be able to get a greater Sum of Money from a beggarly Enemy than the Parliament of England had sent over at any one time till then could never be sufficiently applauded and to this effect Secretary Nicholas writes in his Letter of the Ninth of October and adds That it is believed there that the Irish will not observe the Cessation and therefore advises his Excellency to be upon his Guard and to take care the King 's good Subjects do not suffer by their violation of it and that the young Lord Moor pursuant to Ormond ' s Recommendation hath all his Father's Offices granted unto him But the Parliament of England had different Sentiments of this Cessation they inveighed against it as destructive to the dispossest Protestants of Ireland who were kept out of Possession by it another Year at least They said it was a Discouragement to the Adventurers whose Satisfaction was likewise delay'd hereby They said it gave an opportunity to the Rebels to recruit their Forces and to supply all their Wants But that which troubled them most was that they perceiv'd the King design'd to draw some of the Protestant Forces and hoped for some of the Popish Army from Ireland to assist Him against the Parliament In short they were enraged to that degree that they Voted to Impeach the Marquis of Ormond as a Traytor against the Three Kingdoms and to disable him of his Lieutenancy and of all Command in Ireland and they also made a formal Declaration against the Cessation which is inserted at large here Appendix 18. In answer to which the King published The Grounds and Motives of the Cessation which in effect were That the English Army in Ireland could no longer subsist without Supplies and that the Parliament took no care to send any but on the contrary the Earl of Warwick intercepted those that His Majesty sent and that the Parliament endeavor'd to draw the Scotch Army out of Ireland into England So that in fine there was an absolute Necessity of this Cessation as preparatory to a Peace which nevertheless he will never admit unless it be such a Peace as may be agreeable to Conscience Honor and Justice But all this did not satisfie those that were perishing for want of their Estates and Properties which the Rebels possest and were yet farther inrag'd by the fresh Insolences and Violences daily committed by the Confederates so that their Sufferings depriv'd them of that Moderation which at another time would have considered the Distresses of the Crown the Necessities of the Army and the other powerful Motives to this Temporary Agreement In like manner the Estates of Scotland declar'd against the Cessation and the Adventurers at London petition'd against it and even some of the Cavaleers were so dissatisfied at this unfortunate Truce that many of the Earl of Newcastle's Army laid down their Arms and the Earl of Holland withdrew from Oxford Whitlock's Memoirs affirming That after he had heard of the Cessation his Conscience would not give him leave to stay any longer there And some others of Quality afterwards followed his Example And indeed it appear'd by the Sequel that the Cessation was a mere Plot of the Confederates to ruin those by Treaty whom they could not destroy by the War Not that it would have proved so if it had been honestly perform'd according to their Stipulations and Pretences but that by a thousand Tricks and Subtilties they contraven'd every Point of it and besides the opportunity of reinforcing and furnishing themselves which no body blames them for they left nothing undone that could tend to the Ruin of the English For whereas before the Cessation the Army lived mostly upon what they forced from the Enemy that Course being stopped by the Truce there was no way left to support them but the 30800 l. promised by those Articles and which was depended upon for that purpose but most part of that Money was delivered in by such Driblets and so very long after it was due that it did little Service to those that were to receive it But that was not the worst for the Rebels made use of another Stratagem which no body could suspect and that was a Prohibition to all their Party not to sell Provisions to the English even for ready Money There was no Defence against this Flail and therefore many Places were deserted by the Warders who were starved out of them by this Contrivance Carlo Athy Leix Trim Dundalk and Naas suffered much in this Particular but it was worse with the Garisons in Conaught as appears by their Declaration of Grievances sent to the Lord Lieutenant wherein they affirm a Conspiracy amongst the Irish to starve them and that the Irish County Councils had issued out Warrants to seize the Goods and Estates of such Confederates as should buy or sell or use any Traffick with the English as appears Appendix 19. They also committed many secret and some publick Murders Peter St. George was so served at the Castle of Letrim where William St. George was likewise mortally wounded and it is reported but how truly I cannot say of a malicious Jesuit that sheltered himself at Kinnegad well known thereabouts by the name of Father Roe that he committed many Murders even in the Highway but this is more certain that the English were fain to pay Toll or Tribute for passage through the Irish Quarters in many places and that particularly at St. Johnston's Bridge great Sums of Money were extorted upon that score Moreover they had by cunning and secret Intrusions into deserted Castles and old Houses two or three days before the Cessation gotten Possession of much more Land than did belong to them or than they could have kept in time of War nevertheless this Possession though obtained by Fraud or Violence was detained by them under the umbrage of that Treaty They had also another Liberty by these Articles viz. To declare in whose Quarters they would choose to be and by this fetch whole Baronies were lost and particularly the Baronies of Barrymore and Imokilly scituate between Cork and Youghall and which had been always in the English Quarters and under the Protection of those Garisons did a day or two before the Cessation declare themselves to be in the Irish Quarters and so were privileged even to the Gates of Cork and Youghall from Contribution to those Garisons until the beginning of the year 1645. But besides the Breaches of the Cessation in Conaught contained in their Declaration of Grievances and the Complaints of Munster mentioned hereafter Appendix 17 there were several other Violations of those Articles as 1. That the Earl of Castlehaven after he had notice of the Cessation did nevertheless batter the Castle of Desert in the Queen's County and when he had taken and plundered it he shewed them the Articles of the
Remonstrants pretend to justify their Insurrection which nevertheless themselves in their Declaration in Parliament the 16 th of November 1641. have confessed to be traiterous and rebellions and at the same time pretended an Abhorrence of the abominable Murthers and Outrages of the Rebels which now they palliate as a forced taking up of Arms in their own own Defence by discontented Gentlemen Neither was that Declaration forced from them but passed in due course and order and at their own request tho' some of them would have couch'd it in softer terms for fear the Rebels might recriminate but they were outvoted without either violence or threatnings as is most falsly suggested Neither is it true that the Northern Rebels ever sent any Address to the State except the presumptuous Proposition from those of Cavan which was favourably received as hath been already related but it is wisely done of the Remonstrants to pass slightly over the Massacre in Vlster since it is not possible to justifie that barbarous Cruelty In the Proclamation of the 23 of October there is no mention of the Proroguing the Parliament and because some of the Pale did quarrel at the words Irish Papists as if themselves were included therein the Lords Justices issued a Second Proclamation to satisfie them in that Point and tho' there was a necessity of Proroguing the Parliament to avoid concourse to Dublin in that dangerous time yet it was not done without the Kings special Warrant for it who design'd that the Lord Lieutenant should be present at the Session and tho' the Kings Order was to Prorogue it to the latter end of February yet to comply with the Importunity of some of the Remonstrants who were then thought Faithful to the Government the Members were permitted to meet the 9 th of November and Adjorn'd to the 16 th and then Sat two days and shortned the Prorogation to the 11 th of January and tho' in that short Session and that troublesome time it was impossible to pass any of the Graces into Acts yet the Lords Justices did then acquaint the Houses That His Majesty would not depart from any of his former favours promised to them for setling their Estates to such as should remain faithful and Loyal That as to Armed men it was no other than hath been in all Parliaments there before and since viz. the Garrison of the Castle of Dublin in which the Parliament sits always makes a Guard for the Chief Governor and Members of Parliament but neither used Threats committed Violence or presented their Musquets as is unsincerly and untruly suggested nor could the Remonstrants apprehend any danger from this mark of respect shewn them by the Guard if their own inward Guilt had not begat Jealousies in them of what others never thought of for if the Lords Justices would have seiz'd the Persons of some of the Remonstrants upon just Suspitions and violent Presumptions what hindred them certainly nothing but a hopes by mildness and good usage to settle and fix their staggering Loyalty And it is strange that the Remonstrants pretend that any part of the Kingdom was quiet when it appears by Mac Mahon's Examination that the Conspiracy was universal and that the great Towns and Cities would revolt as soon after they did except where the Protestant Inhabitants or his Majesties Soldiers were too strong for them and Collonel Plunket aver'd That all the Catholick Lords had contracted under their hands to joyn in this Insurrection which indefinite expression must be understood to intend all those that did afterwards unite with the Rebels which were indeed all but a very few and he wrote to the Lord Abbot of Melifont that he had been a means to incite the Lords and Gentlemen of the Pale to appear in the blessed Cause then in hand and would use his endeavours night and day ad majorem Dei gloriam And it is to be observ'd that the Collonels John Barry Taaf Garret Barry and Porter who had Warrants to transport four Regiments and were therein Assisted by the Lords Justices did upon several pretences defer it till the 23 d. of October and soon after Garret Barret and his whole Regiment and most of the rest of the Soldiers went into Rebellion and if we add the general discourse amongst the Rebels in Vlster on the 23 d. and 24 th of October exfressing to the plunder'd English an assurance that Dublin was taken and the like mutterings in Munster and Conaught and the antecedent Threats of a general Rebellion and their Consultations at Multifernam mentioned in Doctor Jones his Examination it will be manifest that the Conspiracy was general and premeditated But the Remonstrants suggest that the Lords Justices applied themselves to such powerful Members of Parliament as opposed his Majesty which is like the rest for at that time the King was in Scotland and there was no difference between his Majesty and the Parliament except in relation to the Earl of Strafford whom the Remonstrants most violently prosecuted besides the Lords Justices did not sent to the Parliament at first but on the 25 th of October sent one Express to the King and another to the Lord Lieutenant according to his Majesties former Orders and seeing themselves by the generality of the Rebellion necessitated to invoke all Powers that could Assist them they did on the 5 th of November and not before write to the Privy Council and to the Speakers of both Houses and they sent Duplicates of those dispatches to his Majesty the very same day And tho' it was the highest reason that could be that the Lords Justices should first Arm the Protestant Subjects whom they might confidein for the defence of their own Lives and the Government yet they did also issue Arms to such Papists as they had any hope of and particularly 1700 Arms to those of the Pale some of which were recovered again but most of them were perfidiously made use of against the State neither were the Catholick Inhabitants of Dublin Disarm'd until those of the Pale had declared themselves in Rebellion and then their Alliance and Correspondence with the others made that Action necessary Arms were likewise sent to Wexford Waterford and Trim and Letters of Encouragement to those places and to Gallway The Order of Parliament to Pardon the Irish was publish'd in Print the 12 th of November and dispersed into all parts of the Kingdom but without any more effect than the Lords Justices Proclamation of Pardon of the 30 th of October met with and the Lords Justices Proclamation of the First of November to Pardon those of the Counties of Louth Westmeath Meath and Longford except Freeholders and Murderers was drawn by Mr. Nicholas Plunket and other Members of Parliament and thereupon some few submitted but never restor'd what they had plunder'd from the Protestants but soon after Apostatiz'd into Rebellion again neither did they shew any more respect to his Majesties own Proclamation under his Royal Signet nor