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
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
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
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-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
and Language and not to forestal the Markets of Limerick nor correspond with the Irish And so we come to the Parliament which began at Dublin on the first Day of May and on the last Day of that Month was adjourned to Kilkenny and did there sit the twenty fifth Day of July and on the twenty first was adjourned to Cashel and on the twenty eighth was from Cashel adjourned to Limerick and there it sat on the second of August and continued until the nineteenth and then was adjourned to Dublin to meet the fifteenth Day of September and so after several Prorogations it was finally dissolved the twentyeth Day of December 1537 and enacted as followeth I. The Attainder of the Earl of Kildare and his Complices This Act recites all their Treasons and Retrospects to the eighth Day of July 20 Hen. 8. II. The Parliament reciting That Ireland is appending and belonging to the Crown of England doth make void and nullifie the King's Marriage with the Princess Katharine his Brother's Wife and doth ratifie the Divorce judicially made between them by the Archbishop of Canterbury It also confirms the King's Marriage with Anne Bullen and prohibits Marriage within the Levitical Degrees and orders that Persons so married shall be divorced and their Children after such Divorce shall be illegitimate Then it entails the Crown on the King's Heir Males by Queen Anne and for want of such to his Heirs Males by any other Wife and for want of such to the King's Heirs Female by Queen Anne and particularizes the Princess Elizabeth and the Heirs of her Body c. And that it shall be Treason to Write or Act against the aforesaid Marriage or the Settlement of the Crown and Misprision of Treason to speak against either of those things and deprives the Offenders of Benefit of Sanctuary it makes the Queen and such Counsellors as the King shall appoint Guardians of the Infant King or Queen if it so happen till their respective Ages of sixteen if a Queen and eighteen if a King and prescribes an Oath for the Observation of this Settlement to be taken by the Subject and makes it Misprision of Treason to refuse it III. The Act of Absentees recites the Inconveniences that have happened by reason of the Absence of those that have Estates in Ireland and then vests in the King the Honours and Estates of the Duke of Norfolk the Lord Berkly the Earl of Waterford and Shrewsbury the Heirs General of the Earl of Ormond the Abbot of Furnes the Abbot of S. Augustins of Bristol the Prior of Christ-Church of Canterbury the Prior of Lanthony the Prior of Cartinel the Abbot of Kentesham the Abbot of Osny the Abbot of Bath and the Master of S. Thomas of Dacres 4 Inst 354. And it was resolved anno 1612. That the Earl of Shrewsbury did lose the Title of Earl of Waterford and Viscount Dungarvan by this Statute Nevertheless he had a very good Recompence in England for his Losses in Ireland And it is not unworthy our Remembrance How this Statute came to be made and the Occasion was thus The King being inclined to make Mr. Ailmer who was then Lord Chief justice of the Common Pleas Lord Chief Justice of the King's Bench the Earl of Shrewsbury at the instance of some of his Tenants in Waterford or Wexford opposed his Preferment alledging That Ailmer was a silly fellow and unfit for such a Place whereupon the King repremanded the Lord Cromwel for recommending such a Coxcomb to him the Lord Cromwel begs the King to discourse with Ailmer assuring his Majesty That he was misinformed The King consented and Ailmer being come the King asked the true reason of the Decay of Ireland Ailmer Answered That it was because the Estated Men who used to Reside and Defend their own Estates and countenance their Tenants did now generally dwell in England and left Ireland a Prey to the Natives But that if his Majesty would oblige the Estated Men to Residence or seize their Estates to his own use he would soon find a Reformation The King tickled with this Advice gave Ailmer Thanks and assured him Care should be taken of it next Parliament IV. A Suspension or Repeal of Poyning's Act pro hac Vice V. That the King his Heirs and Successors be Supreme Head on Earth of the Church of Ireland and shall have Power to reform redress c. Heresies Errors and Offences c. And that his Commissioners shall take no Proxies for their Visitations but convenient Meat Drink and Lodging on pain of four times the value VI. That there shall be no Appeals to Rome on Pain of Premunire and that the Chancellor with the Consent of the two Chief Justices the Master of the Rolls and the Vice-Treasurer or any two of them may assign Delegates to Hear and Determine all Appeals to the Chief Governour VII An Act against slandering the King or Queen or their Title c. And that those guilty of High Treason shall not have the Benefit of Sanctuary and that Treasons committed beyond Seas may be tried in Ireland and that all Estates of Inheritance ergo Estates Tail shall be forfeited for High-Treason VIII That the Clergy shall pay Annates or First-Fruits i.e. a Years Profit and shall pay or compound before Possession The Chancellor Master of the Rolls and Vice-Treasurer or any two of them whereof the Vice-Treasurer to be one or any others commissioned by the King may compound and give Instalments That the Bonds for First-Fruits shall have the Effect of Bonds of the Staple and eight Pence to be paid for a Bond and four Pence for an Acquittance and no more IX An Act to vest in the King Sir Walter Delahide's Lands in Carbry in the County of Kildare X. That if the Robber or Felon be found Guilty upon an Indictment by means or Prosecution of the Party robbed that then he shall have Restitution as if it had been done upon an Appeal XI An Act to suppress all Tributes Pensions and Irish Exactions claimed by the Irish from Towns or Persons for Protection XII An Act against the Pope to suppress his Usurpations and that it shall be Premunire to defend or assert his usurped Authority or Jurisdiction and that all Persons Ecclesiastical or Lay That have Office or Benefice c. shall take the Oath of Supremacy mentioned in the Act and the Refusal of that Oath shall be Treason It seems there was much Difficulty to get this Act and the former Act for the King's Supremacy to pass both Houses many of the Clergy opposing them stifly until the Archbishop Brown made the following Speech which being well sconded by Justice Brabazon so startled the rest that at length both Bills passed The Archbishop's Speech was thus My Lords and Gentry of his Majesty's Kingdom of Ireland BEhold your Obedience to your King is the observing of your Lord and Saviour Christ Bish Brown's Life 7. for He that High-Priest of our
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
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
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 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
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
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
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
Flames but the Devout Citizens first made a Collection for the Repair of the Church and then set themselves to the re-edifying their own Houses And so we come to a Trial 1284. very unusual in Courts of Justice in Ireland tho' too frequent in the Field viz. that of Battle Ware presul 142. for Jeofry Saintleger Bishop of Ossory in a Writ of Right for the Mannor of Sirekeran in Ely O Carol recovered the same and the Trial was by Battle between the Bishops Champion and the Champion of his Adversary The Lords and Potentates of Ophaly were grown strong enough to take and burn the Castle of Ley 1285. and it seems Theobald Verdon going to revenge that Injury lost both his Men and his Horses which was followed with a greater Misfortune for the next Morning Girald Fitz-Maurice was betrayed by his Followers and taken Prisoner Nor had the English better Success at Rathdod for in an unfortunate Skirmish there Sir Gerard Doget Ralph Petit and many more were slain and the Lord Geofry Genevil had much ado to save himself by Flight Amidst these Disturbances Burlace 31. the Lord Justice obtained from the King a Pension of five hundred Pound per annum for his Expence and Charge in the Government to continue as long as his Justiceship but if any extraordinary Accident should require more Expence than the Writ prescribes That a Vice-Treasurer be appointed to receive and pay the Revenue as the Lord Justice and the Court of Exchequer shall think fit But the next Year was more favourable 1286. so that Philip Stanton in November burnt Norwagh and Ardscol and other Towns and the great Rebel Calwagh was taken at Kildare which superseded these Stirs for a Time Nevertheless this Year was fatal to many Noblemen viz. Maurice Fitz-Maurice who died at Rosse as Girald Fitz-Maurice Oge did at Rathmore and the Lord Thomas de Clare could not escape the Common Fate to which the Lord Justice himself was forced to submit So that John Sandford 1287. Archbishop of Dublin was chosen Lord Justice His Government was the more uneasie to him because Richard Burk 1288. Earl of Vlster and Walter Lacy Lord of Meath confederated against Theobald de Verdon and Besieged him in the Castle of Athloan and came with a great Army as far as Trim However this was in a great measure recompenced by the Plenty of the Year which was so great even in England that a Bushel of Wheat was sold for four Pence It was usual in this King's Reign To send the new English Statutes in some reasonable time after they were made to be proclaimed and observed in Ireland Thus in the thirteenth Year of his Reign he sent by Roger Bretun the Statutes of Westminster the first of Glocester of Merchants and of Westminster the second to the Lord Justice Fulborne to publish and notifie them to the People And this Year the like was done by the Statute called Ordinatio pro Statu Hiberniae which was enacted in England and sent to Ireland to be observed there and is to be seen in French in the second part of the Ancient Statutes printed at London 1532. And the Statutes of Lincoln and of York were also sent to Ireland Ex lib. Alb. Scac. Hib. to be enrolled in the Chancery and to be published and notified to the People 20 Novemb. 17 Edw. 1. And it is to be observed That after Parliaments were held in Ireland yet the English Statutes did extend to Ireland as the eleventh of Edward III Lib. M. Lamb. of Drapery and the twenty seventh of Edward III of the Staple and the fourth of Henry V cap. 6-touching the Promotion of Clerks of the Irish Nation and many more But it is time to return to the Lord Justice whose Service the King had occasion to make use of in England and in several Foreign Embassies in all which he behaved himself honourably He was succeeded in Ireland by William Vescy 15 Novemb. 1290. Lord Justice Whose Government was disturbed by O Hanlon in Vlster and O Mlaghlin in Meath who were again in Rebellion but Richard Earl of Vlster had the good Fortune to suppress O Hanlon with a few Blows and the Lord Justice did as much for O Mlaghlin and pursued him so close that at last he was taken and slain by Mac Coughlan who grew so proud upon that Service that he set up for himself and gave a great Defeat to William Burk at Delvin and to the English in Ophaly And tho' the King in the thirteenth Year of his Reign had a Grant from the Pope of the Tenth of all Ecclesiastical Revenues in Ireland for seven Years toward the Holy War which was followed with a Grant of a Fifteenth from the Temporality yet now upon the Expiration of that Grant he wrote to the Bishops and Clergy for a Dism of their Spiritualities to defray his Debts in redeeming his Nephew Charles But they unanimously answered Quod concessioni petitionis praefatae minime supercederent But Cambden assures us That the Temporality granted another Fifteenth To this Lord Justice Cambden 78. Baliol King of Scotland did Homage for some Lands he held in Ireland and about the same time it was ordered 4 Inst 356. That the Treasurer of Ireland should account yearly at the Exchequer of England 1293. And the same Year came over Gilbert de Clare Earl of Glocester whose Wife Joan of Acres was the King's Daughter But now there arose great Feuds between John Fitz-Thomas Fitz-Girald Lord of Ophaly and the Lord Justice whereupon the Lord Justice did underhand encourage the Irish to do all the Prejudice they could to Fitz-Girald and his Partisans hence arose mutual Complaints and reciprocal Impeachments so that both of them went or were fent for into England But it will not be unpleasant to the Reader to have the Particulars of this famous Controversie in the Words of Holingshead The Lord Justice hearing many Complaints of the Oppressions the Country daily received Holingshead 35 which he thought reflected on him and insinuated his male Administration therefore to disburthen and excuse himself he began in misty Speeches to lay the Fault on the Lord John Fitz-Giralds Shoulders saying in parable wise That he was a great occasion of these Disorders in that he bare himself in Private Quarrels as fierce as a Lyon but in these Publick Injuries as meek as a Lamb. The Baron of Ophaly spelling and putting these Syllables together spake after this Manner My Lord I Am heartily sorry that among all this Noble Asembly you make me your only Butt whereat you shoot your Bolt and truly were my Deserts so hainous as I suppose you would wish them to be you would not labour to cloud your Talk with such dark Riddles as at this present you have done but with plain and flat English your Lordship would not stick to impeach me of Felony or Treason for as mine Ancestors with
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
annexed to the Crown But two of the Burks seized upon most part of the Estate and divided it between them and knowing they could not hold it by the Law of England they confederated with the Irish and changed their Language Apparel Customs and Manners Nay their very Names were altered into those of Mac William Eighter and Mac William Oughter and by these means they have made a shift to keep some part of that mighty Estate for many score years The Lord Justice to revenge the Murder of the Earl of Vlster which made a great noise in Ireland call'd a Parliament by whose advice he went by Sea to Carigfergus on the first of July and by help of the Country People he destroyed the Murderers and their Abettors and thence with his Army he sailed into Scotland where he did very good Service But the Parliament sitting in England Cottons Rec. the 15th of March it was there resolved That because the Kings Affairs required him in France his Irish Voyage should be postpon'd for a year so as Aid might be sent in the mean time but it seems that the Scots so allarm'd him in the North that he performed neither the one nor the other Voyage And though both Houses apart advised the King to send Supplies of Men and Money to Ireland and gave him one Disme and one Fifteenth to that purpose yet I do not find that any considerable Recruits were sent thither but instead of that a Commission was sent to treat with the Rebels Prin 270. Whilst the Lord Justice was beyond Seas the Government was managed by Thomas de Burgh Lord Treasurer but it was not long before Darcy return'd with honour and releas'd Walter de Birmingham out of Prison in February following and soon after Sir Simon Archdeacon and others were slain by the Irish in Leinster Ibid. And the young Lord Roch prevail'd with the King to reduce to ten pounds a Fine of two hundred Marks impos'd on his Father for absenting himself from the Parliaments of 20 Edw. 2. and 2 Edw. 3. to both which he was summoned Maurice Fitz-Girald broke his Leg by a Fall from his Horse and was thereby hindred from repairing to England as he had promised and designed 1335. but now being recovered he went thither and was well received by the King and created Earl of Desmond 1336. 9 Ed. 3. On the 9th of August the English gave the Irishmen a great Defeat in Connaught Campion 88. and with the loss of one man slew ten thousand of their enemies and not long after the Lord Justice was removed and Sir John Charleton came over Lord Justice 1337. and brought with him his Brother Thomas Bishop of Hereford Lord Chancellor John Rice or ap Rees Lord Treasurer and two hundred Welsh Soldiers he called a Parliament at Dublin to which the Archbishop of Armagh designed to come Pryn. 409. and in order to it made great Preparations at S. Mary Abby but the Archbishop of Dublin would not permit him to advance his Cross in that Diocess till the King sent his Writs as well to the Archbishop as to the Corporation of Dublin not to molest the Primate Thomas Charleton 1338. Bishop of Hereford Governour of Ireland he caused Sir Eustace Poer and Sir John Poer to be imprisoned in the Castle of Dublin on the third Day of February And this Winter there was so great Frost and Snow from the second Day of December to the tenth Day of February that they Plaid Danced and roasted Fish on the Ice upon the River of Liffy And now again 1339. were all the Irish in Arms especially in Munster but the Earl of Desmond so well managed Matters there that he slew one thousand two hundred Men in Kerry and took Nicholas Fitz-Maurice Lord of Kerry Prisoner and kept him in Durance till he died Cambden 187. because he had joyned with the Irish against the King and the Earl Nor had the Earl of Kildare worse Success in Leinster for he pursued the O Dempsies so close that many of them were drowned in the River Barrow and the greatest Booty that ever was taken in that Country was brought by the Lord Justice and the English from Idrone in the County of Caterlogh about the latter end of February and in April following the Lord Justice being sent for to England resigned to Roger Outlaw 1340. Prior of Kilmainham Lord Justice he died the February following and by the Kings Patent constituted John Lord Darcy L. Justice during Life but he came not afterwards into Ireland but in May following sent over Sir John Morris 1341. Lord Deputy to whom the Inhabitants of Ireland did not pay that respect which was due to his Character for the English Irish were how grown so proud that they disdain'd to be under the authority of a Knight And therefore to mortifie them it was resolved to make a general Resumption of all Lands Liberties Signiories and Jurisdictions which this King or his Father had granted in Ireland QVia plures excessivae Donationes Terrarum Tenement 15 E. 3. m. 14 Libertatum in Terra Hibern ad minus veracem subdolem suggestionem potentium quam per Ed. 2. quam per Regem nunâ— facta sunt c. Rex delusorias hujusmodi Machinationes volens elidere de concilio peritorum sibi assistent omnes donationes Terrarum Tenement Libertat praedict duxit 〈◊〉 c. quousque de meritis personarum ac de causis conditionibus donationum praedict fuerit informat ideo Mandâ—â— est Justiâ— regni Hibern quod omnia Terras Ienementa c. praedict perdict Reges Justic aut locum tenentes suos quibuscunque personis fact seisire facias c. It cannot be expressed what Fewds Davis 138. that it was by good advice Heart-burnings and Dissatisfactions this one unadvised Act did create it was the rise and occasion of a distinction between the English of Blood and the English of Birth which had like to be fatal to the whole Kingdom Pryn. 272. all the old English were disobliged by this procedure and without their assistance the King could not keep much less enlarge his Interest in Ireland To qualifie this Matter and to allay these Heats 1342. a Parliament was summoned to meet at Dublin in October but the Earl of Desmond and other Great Men of that Faction openly refused to come and on the contrary they confederated with the Corporations and some Cities and the rest of the Male-contents and without consulting the Government they appointed a General Assembly at Kilkenny in November following and there they did accordingly meet and the Lord Justice had not Power to hinder them nor did he dare to come to them This Assembly sent Messengers to the King with their Complaints couched in these three Queries I. How a Realm of War could be governed by a Man unskilful in all war-like Service II. How an
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
Deputy who held that Place and discharg'd it worthily until Sir Thomas Rokeby 1353. Lord Justice returned he brought with him ten men at Arms and twenty Archers which were allowed him by the King over and above the ordinary Retinue of twenty Men. About this time lived Sir Robert Savage a very considerable Gentleman in Vlster who began to fortifie his dwelling House with strong Walls and Bulwarks but his Son derided the Fathers Providence and Caution affirming that a Castle of Bones was better than a Castle of Stones and thereupon the old Gentleman put a stop to his Building It hapned that this brave Man with his Neighbors and Followers were to set out against a numerous Rabble of Irish that had made Incursions into their Territories And he gave Orders to provide plenty of good Cheer against his return but one of the Company reprov'd him for doing so alledging that he could not tell but the Enemy might eat what he should provide to whom the valiant old Gentleman replied That he hoped better from their Courage Camb. 193. but that if it should happen that his very Enemies should come to his House he should be asham'd if they should find it void of good Cheer The Event was suitable to the Bravery of the Undertaking Old Savage had the killing of three thousand of the Irish near Antrim and return'd joyfully home to Supper But let us return to the Lord Justice of whom it is recorded that he us'd to say That he would rather eat his Meat in wooden Dishes and pay Gold and Silver for it than to eat in Golden Dishes and make wooden Payment However on the 20th day of July 1355. he did resign to Maurice Fitz-Girald 1355. Earl of Desmond Lord Justice he obtained so much favour in England Lib. M. that he had this Office granted to him for Life which expired the 25th day of January he was so just a man that he spared not his very Relations when they were criminal And about this time the Barons of the Exchequer were reduced to Three Lib. CCC 10. 29 Ed. 3. and John de Pembrook Chancellor of the Exchequer was made the third Baron Sir Thomas Rokeby 1356. Lord Justice returned again to Ireland and held a Parliament at Kilkenny at which many good Laws were enacted In his time a Memorable Writ was sent to the Lord Justice and Chancellor reciting That whereas the Subject found great difficulty to get Restitution according to Law of such Lands as were at any time seized into the Kings Hands Prin. 286. 29 Ed. 3. And whereas they refused in Parliaments here to take cognizance of erronious Proceedings in the Kings Courts but put the Subject to the trouble and charge of prosecuting a Writ of Error in England the King orders amendment and Reformation in both those Cases And not long after this worthy Lord Justice died at the Castle of Kilkea and was succeeded by Almaricus de Sancto Amando 1337. Lord Justice in whose time a great Controversie happened between the Archbishop of Armagh and the Regulars but at length by the favour of the Pope the Friers got the better of the Bishop To this Lord Justice the King sent a Writ or Commission Prin 294. authorizing him with the Advice of the Chancellor and Treasurer to give a special Pardon to as many English or Irish as he shall think fit for all Crimes except Treason Moreover for the better instruction of the People and because of the Non-residence of their Pastors Ibid. the King by his Sovereign Ecclesiastical Jurisdiction Authoriz'd and Licenc'd the Archbishop of Dublin to constitute perpetual Vicars in all Benefices and Prebendaries belonging to his Archbishoprick and of the Kings Patronage with certain proportions of greater and lesser Tithes and other Profits to those who should reside upon them But which was more than all this the King by advice of his Council made most excellent Ordinances in England for the better Government of the Church and State of Ireland and the maintenance of the good Laws and Statutes of England there established they are to be found at large in Prins Animadversions on the 4th Instit pag. 287. and therefore are omitted here being very long though also very good only this must be observed that the Clause formerly quoted ad annum 1344 out of the 4th Instit is by my Lord Cooke mistaken both as to Time and Form as to the Time it was not 17 Edw. 3. as he says but it was 31 Edw. 3. And as to the Form it is thus VOlumus praecipimus quod Nostra ipsius terrae Negotiâ—a praesertim majora ardua in Conciliis per peritos Conciliarios nostros ac Praelatos Magnates quosdam de discretioribus probioribus hominibus de partibus vicinis ubi ipsa Concilia teneri contigerit propter hoc evocandos In Parliamentis vero per ipsos Conciliarios nostros ac Praelatos Proceres aliosque de Terra praedict prout Mos exigit secundum Justitiam Legem Consuetudinem Rationem tractentur c. But to return James 1359. Earl of Ormond Lord Justice was commonly stiled The Noble Earl because he was of the Royal Blood being great Grand-son to King Edward the first In his time 34 Edw. 3. the King ordered Proclamation to be made in Ireland That no Meer Irishman should be Mayor Bayliff or Officer of any Town within the English Dominion i.e. the Pale nor be advanced to any Ecclesiasâ—â—cal Benefice or Promotion 35 Edw. 3. but the next Year the King by his Writ explains the former Proclamation Pryn 296. and orders that it shall not extend to any Irish Clerks who have done him Service or are Loyal to him But it seems that the Lord Justice was sent for into England and until his Return Maurice Fitz-Girald March 30. Earl of Kildare was constituted Lord Justice 1360. by Patent under the Great Seal of Ireland he was to have the usual Sallary of five hundred pound per annum maintaining thereout Ninteen Horsemen besides himself but he did not continue long in this Station before James Earl of Ormond March 15. Lord Justice return'd and the King intending to send his Son to Ireland 1357. with a good Force summoned the Duchess of Norfolk and all other Noble and Gentle Men and Women that held Lands in Ireland to appear in Person or by Proxy 4 Instit. Pryn 296. before him and his Council to advise concerning the Defence of Ireland and to repair to that Kingdom in Person with all the Forces they could raise by a certain Day or to send their sufficient Deputies to assist the Kings Son in Defence of the Country And the same Day issued a Writ or Proclamation prohibiting the transporting of any Corn or Victuals out of Ireland on pain of Forfeiture and another Proclamation or Writ to seize all the Lands or Tenements purchased
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
to and from England Fifthly That a certain Fund be appointed for their Pay Sixthly That at the King's Charge he might have a Family or two out of every Parish in England to inhabit Ireland Seventhly To have Power of granting Benefices and of making a Deputy And Lastly That the Demesnes of the Crown may be resumed and the Acts of Absentees may be executed The Lord Lieutenant within a Week after he came to Dublin caused the Earl of Kildare and three of his Family to be arrested and suffered the Earls Goods to be rifled and spoiled by the Duke's Servants and kept the Earl himself in Prison in Dublin Castle until he paid three hundred Marks It is recorded that the Lord Lieutenant was desperately wounded in an Encounter at Kilmainham and hardly escaped with Life but it is not mentioned how nor by whom but it seems he design'd to revenge it and to make a general Hosting for he made Proclamation that all such as ought by their Tenures to serve the King should assemble together at Ross He also held a Parliament at Kilkenny for a Tallage to be granted but what Success he had in these Assemblies is not so manifest as it is that he went to England on the 13th of March leaving Thomas Butler 1409. Prior of Kilmainham his Deputy in whose time the King gave the Sword to the City of Dublin and changed their PROVOST into a MAYOR and not long after the Barbarous Mac Gilmore being routed and pursued by the Savages fled to the Church of the Friers Minors at Carigfergus which he had formerly defaced but they got into the Windows whence this Tory had formerly taken the Iron Bars and there they put an end to his Villany and his Life In Vlster Jenico de Artois the famous Gascoigne behaved himself briskly and slew eighty of the Rebels in a Skirmish he had with them But on the twenty first of May or rather the thirteenth of June the Parliament began at Dublin 1410. and made it Treason to take Coyn and Livery Lib. D. and on the tenth of July the Lord Justice took the Castles of Mibraclide in Offerol and De-la-mare It seems he proceeded to invade O Birns Country with fifteen hundred Kerns or Irish Souldiers and the Consequence was that they betrayed him and half of them went over to the Enemy so that it had gone hard with the Lord Justice if the Power of Dublin had not been there and yet he escaped not without loss for John Derpatrick was there slain The next Year was probably more quiet 1411. for there is nothing recorded of it except some considerable Marriages amongst the Grandees On the tenth of April 1412. O Connor did much Mischief in Meath and took an hundred and forty English and O Tool and Thomas Fitz-Maurice Sheriss of Limerick kill'd each other in a Duel About this time the King granted the Town and Ferry of Inishonan Lib. G. to Philip de Barry and it is to be noted that almost in every Parliament holden in England during this Reign the danger of Ireland is remembred although very little was done for it because of the frequent Troubles in England and so we come to the 20th day of March on which the King died at the Abbot of Westminster's House in the fourteenâ—h Year of his Reign and of his Age the forty seventh He died so very poor that his Executors refused to administer and therefore the Archbishop of Canterbury who is Ordinary to the Court where-ever it is exposed the Kings Goods to Sale and King Henry the Fifth bought them for the value to be paid the Executors to be disposed of according to his Fathers Will Rolls Abr. 906. but it seems he never paid the Money for it was afterwards ordained in Parliament 4 Inst 335 that the Executors should not be sued by the Creditors The Bishop of Meath is said to have been Lord Justice about the Year 1402. But because I do find him omitted by others and do not find that he did any thing worth mention I have therefore not inserted him as Lord Justice in Order THE REIGN OF HENRY V. King of England c. And LORD of IRELAND HENRY the Fifth succeeded his Father without any opposition and all the Nobility taking it then for a Law that the Crown belonged to the Heir of him that died last seized swore Homage and Allegiance to him before Coronation 1412. which was not usual in those days but this Magnanimous Prince was so taken up with Designs against France that Ireland was but little regarded in his Reign For the present He continued in the Government Thomas 1413. Prior of Kilmainham who did not long remain therein before he surrendred unto Sir John Stanly Lord Lieutenant he Landed at Clantarf the 7th of October and on the 6th of January after died at Ardee whereupon on the 11th of February the Nobility elected Thomas Crawly Lord Justice He was twice Chancellor and then Archbishop of Dublin and was a Man of fingular Piety and Learning and it is to be noted That the Parliament sate at Dublin the 26th of February so that it could not have above fifteen days of Summons though the Day of the Lord Justice his Admittance to the Government and the Day of the Session be included the Irish burnt the Pale during this Parliament as they used to do and therefore a Tax or Tallage was demanded but not granted and so that Parliament was dissolved after it had sate fifteen Days However 1414. the valiant Jenico de Artois invaded the Territory of Macgenis but was so unfortunate to lose many of his Men at Inor whereupon the Irish grew so insolent that the Lord Justice was necessitated to go out in person However he went no farther than Castledermond and there entrusting the Army with the Military men he remained with his Clergy in Procession and at Prayers for the Success of his small Army and the Event answered his expectation for the English slew an hundred of the Irish near Kilkea but that small Victory was soon over-ballanced by a Defeat which the English of Meath received from O Connor on the 10th of May to the Loss of Tho. Maureverar Baron of Shrine and many others and to the imprisonment of Christopher Fleming and John Dardis This Loss discovered the necessity of sending a Martial Man to the Government of Ireland and therefore on the 10th day of September Sir John Talbot Lord Furnival Lord Lieutenant Landed at Dalkye and immediately made a Circular Progress round the Pale in warlike manner He began with the Birns Tools and Cavenaghs on the South and so passing to the O Moors O Connors and O Ferrals in the West and ending with the O Relyes Mac Mahons O Neals and O Hanlons in the North he brought them all to the Kings Peace but he brought no Forces with him out of England and therefore though he had Strength enough to
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
discourage the Transportation of Bullion the King shall have twelve Pence Custome out of every Ounce Upon his Return to England the Lord Lieutenant accused the Earl of Ormond of Treason Burlace 78. before the Duke of Bedford Constable of England in the Marshal's Couâ—t but the King abolished the Accusation Richard Talbot 1447. Archbishop of Dublin Lord Deputy he wrote a Tract de Abusu Regiminis Jacobi Comitis Ormondiae dum Hiberniae esset locum tenens Caâ—ton chron And it seems Thomas Fitz-Thomas Prior of Kilmainham was on the Archbishops side for he accused the Earl of Ormond of Treason and the Combat was appointed between them at Smithfield in London but the King did interpose and prevent it Hitherto the English had made but a bordering War in Ireland and that it self but very unluckily and the small Army that was kept on foot was ill paid and therefore more hurtful to the Subject by their Oppression than to the Enemy by their Valour so that it was necessary to send some great Man thither and no Body so fit for it as Richard Duke of York Earl of Vlster March Rutland and Cork Lord of Conagh Clare Trim and Meath for besides his Quality and Valour he had a great Estate in that Kingdom and it answered another Design of the Cardinal of Winchester who did then in effect govern England which was to remove this Duke from the Regency of France to make room for the Duke of Somerset and so he was made Lord Lieutenant of Ireland 1449. and landed at Hoath the fifth of July 1449. But the Duke of York who fathomed their Designs and had other Intrigues of his own would not accept of the Government of Ireland Davis 51. but upon very advantagious Conditions which were reduced to Writing by Indenture betwixt the King and him and are recorded by Act of Parliament in Ireland and were to this effect I. That he should be the King's Lieutenant in Ireland for ten Years II. That to support the Charge of that Country he should receive the whole Revenue certain and casual without Account III. That he should be supplied with Treasure out of England in this manner viz. four thousand Marks the first year whereof he should be imprested two thousand Pounds before-hand and for the other nine years he should receive two thousand Pounds per annum IV. That he might let the Kings Lands to Farm and place and displace all Officers at his Pleasure V. That he might Levy and Wage what Number of Souldiers he thought fit VI. That he might make a Deputy and return at his Pleasure I do not find that this Lord brought over any considerable Forces with him or that he was able to keep any such on foot here not only because his Allowance was but small but also because that small Allowance was ill paid as appears by his passionate Letter to his Brother-in Law the Earl of Salisbury which is to be found Registred by Mr. Campion pag. 99. At his first coming 1450. the Irish were very insolent but he won upon them strangely Lib. M. partly by force and partly by their own Art of Wheedling He held a Parliament at Dublin in October Friday before S. Lukes Day and the Bishops of Leighlin Ossory Down and Limerick were fined for not coming to it This Parliament Enacted many good Laws viz. 1. That no Marcher or other keep more Horsemen or Foot than they can maintain and will answer for and that they give in a List of their Names to the Sheriff c. 2. It suppresseth Coynees Rep. 11. Car. 1. c. 6. Cuddies and Night-suppers and well sets forth the Grievances of those Times 3. That the Accuser shall give Security to pay the Damages of the Defendant if the Impeachment be found untrue 4. That every man may kill Robbers and notorious Thieves and shall have a Penny out of every Plow-land and a Farthing from every Cottage for his Reward 5. That the great Officers of the Kingdom shall not give Protections to any other than their Menial Officers and Attendants This Lord Lieutenant also held another Parliament at Drogheda in April on Friday before S. Mark 's Day which Enacted 1. That if the Remembrancer issue Process against any body that is discharg'd on Record in the Exchequer he shall forfeit his Office and treble Damage 2. That the Chancellor Treasurer and Judges or one of them be present at all Commissions of Oyer and Terminer in the Counties of Dublin Kildare Meath and Vriel 3. That no body shall sell Liquor but by Sealed Measures It seems that some of these Statutes were occasioned by a doleful Letter sent from Cork which the Irish Historians place in the Reign of Henry the Fourth and yet direct it to the Earl of Rutland and Cork and therefore it will be more properly applied to this Time when he was Lord Lieutenant and follows in haec Verba IT may please your Wisdoms to have pity of us Camp 94. the Kings poor Subjects within the County of Cork or else we be cast away for ever for where there was in this County these Lords by Name besides Knights Esquires Gentlemen and Yeomen to a great number that might dispend yearly eight hundred pounds six hundred pounds four hundred pounds two hundred pounds one hundred pounds one hundred Marks twenty pounds twenty Marks ten pounds some more some less to a great number besides these Lords following First The Lord Marquess Carew his yearly Revenues were besides Dorsey-Haven and other Creeks two thousand two hundred pounds sterling The Lord Barnewale of Bear-haven his yearly Revenues were besides Bear-haven and other Creeks sixteen hundred pounds sterling The Lord Uggan of the great Castle his yearly Revenues were besides Havens and Creeks one thousand three hundred pounds sterling The Lord Balram of Emforle his yearly Revenues were besides Havens and Creeks one thousand three hundred pounds sterling The Lord Courcy of Kilbreton his yearly Revenues besides Havens and Creeks one thousand five hundred pounds sterling The Lord Mandevil of Barnhely his yearly Revenues besides Havens and Creeks one thousand two hundred pounds sterling The Lord Arundel of the Strand his yearly Revenues besides Havens and Creeks one thousand five hundred pounds sterling The Lord Baron of the Guard his yearly Revenues besides Havens and Creeks one thousand one hundred pounds sterling The Lord Sleynie of Baltimore his yearly Revenue besides Havens and Creekss eight hundred pounds sterling The Lord Roche of Pool Castle his yearly Revenues besides Havens and Creeks one thousand pounds sterling The Kings Majesty hath the Lands of the late young Barry by Forfeiture the yearly Revenues whereof besides two Rivers and Creeks and all other Casualties is one thousand eight hundred pounds sterling And at the end of this Parliament your Lordship with the Kings most Noble Counsel may come to Cork and call before you all these Lords and other Irishmen and bind them in
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
is made in England and so the English Statute of 35 Hen. 8. was in effect a Repeal of the Irish Statute of 28 Hen. 8. cap. 2. as it was actually a Repeal of the English Statute of the same tenor and effect But to proceed Sir Thomas Cusak Lord Chancellor and Girald Aylmer Lord Chief Justice continued Lords Justices and to them the Council of England on the twentieth Day of July sent an account of the Succession of Queen Mary together with a Proclamation wherein she was stiled Supreme Head of the Church 1553. which was read in Dublin and other Cities and Towns of Ireland as is usual and Orders were soon after sent to continue all Officers in their Places and another Proclamation To give Liberty of the Mass to all that would was likewise sent over and afterwards the Queen was crowned by Gardiner Bishop of Winchester Ware 204. on the first day of October and she gave a General Pardon to both her Kingdoms of England and Ireland In the mean time O Connor and his Complices were busie about the Invasion of Offaly but by the Prudence of the Lords Justices they were easily suppressed September Nor had O Neal better Success in the County of Lowth for though he did abundance of Mischief there yet the Lords Justices with the Militia of Dublin and such others as they could on a suddain scrape together gave him a great Defeat near Dundalk where he lost many of his Men. And on the eleventh of November Sir Anthony Saintleger Lord Deputy arrived at Dalkye and on the nineteenth he took the usual Oath and received the Sword in Christ Church Dublin and the Lord Chancellor Cusack's Patent was also renewed Cormack Mac Coghlan with the Aid of the Baron of Delvin made War against Mac Coghlan and invaded his Territory and though little more was done at first than the burning of some few Villages yet this was the beginning of a Contest so fierce and so tedious that at length the Territory of Delvin was entirely ruined Owen Macgenis was by the Lord Deputy admitted to be Chief of his Sept and Captain of his Country on the sixth of December upon his Oath of Fidelity to the Queen and her Successors and upon these Conditions following viz. 1. That he should not admit any Provisions from Rome Lib. D. but oppose them all he could 2. To serve the Queen with all his Power when Occasion required 3. To maintain twenty four Horse and sixty Foot and a Company integr prelium of Gallowglasses at every Northern Expedition of the Deputy for three Days going and three Days returning at his own Charge 4. To have no Correspondence with the Scots 5. To give the Wife and Daughter of Donel Macgenis their due 6. That he should not oppress the Queen's Subjects but assist them and the Queen would assist him against any of his Followers that should rebel 7. That he should pay one hundred Cows but this last was remitted him by the Deputy George Dowdal Archbishop of Armagh who fled beyond Seas in the Reign of King Edward was now recalled and restored to the Title of Primate of all Ireland and had the Priory of Athird given him for Life He held a Provincial Synod at Tredagh where they made some Progress towards restoring Popery 1554. and depriving the married Clergy but in April it went farther and the Primate and Dr. Walsh elect Bishop of Meath received a Commission to deprive them and accordingly Staples Bishop of Meath was for that reason deprived on the twenty ninth Day of June and in the latter end of the same Year the like was done to Brown Archbishop of Dublin Lancaster Bishop of Kildare and Traverse Bishop of Leighlin and the two other Protestant Bishops viz. Bale Bishop of Ossory and Casy Bishop of Limerick fled beyond the Seas In the room of these Protestant Bishops Popish Prelates were substituted Doctor Walsh was made Bishop of Meath and afterwards died in Exile in Queen Elizabeth's Reign Hugh Curvin succeeded in the See of Dublin as Thomas Levereuse did in that of Kildare Thomas O Fihely was by the Pope made Bishop of Leighlin Hugh Lacy was constituted Bishop of Limerick and John Thonory got the Bishoprick of Ossory but his Leases were afterwards avoided because Bale was never deprived and therefore he being alive at the time the Lease was made 2 Cro. 553. continued Bishop in Law and so Thonory had no power to dispose of any thing belonging to that See and in that case it was likewise adjudged that the King of England may nominate and appoint Bishops in Ireland without the Formality of a Conge de Eslâ—â—â— and that the Statute of 2 Elizabethae is for so much in Affirmance of the Common Law The Popish Bishops did take an Oath to the Queen in these Words Ware de Praesulibus 188. Ego A. B. Episcopus D. electus Consecratus profiteor me habere tenere ownes temporales Possessiones dicti Episcopatus de manibus vestris Successoribus vestris Angliae Regibus ut in jure Coronae Regni vestri Hiberniae vobisque Successoribus vestris Angliae Regibus fidelis ero ita me Deus adjuvet sancta Dei Evangelia But how well they kept that Oath I need not relate because it is notorious In November came over Girald Earl of Kildare who was restored the thirteenth of May before and Thomas Duff Earl of Ormond and Brian Fitz-Patrick Lord of Upper Ossory all which had behaved themselves exceeding well against Sir Thomas Wiat This Fitz-Patrick is famous for extraordinarily loving and being beloved of King Edward the Sixth and on the ninth of February Charles Mac Art Cavenagh was created Baron of Balian for Life and after his Death his Brother Dermond had the same Title The Queen ordered that the Army should be reduced to five hundred but that was not thought reasonable in Ireland However to comply as far as they could with her Majesties Orders they did reduce the Army to six hundred Foot and four hundred and sixty Horse and a few Kerns but were forced in a short time afterward to raise more and to send for fresh Supplies out of England In the mean time Lib. D. Daniel O Bryan claiming by Tanistry had great Contests with the Earl of Thomond about that Estate he had before this murdered the Earl's Father and though for the present they were reconciled by the Mediation of the Lord Deputy and Council about Michaelmas yet it was not long before their Dissentions broke out again But the Irish Historian Mr. Sullevan gives a very different Account of this Matter and tells us That the Lord President Fitton got Daniel O Bryan into Limerick upon his Oath that he would give him free and safe egress out of the Gates but the Sophistical Englishman turn'd him out of the wrong Gate so that there was the River of Shenin between him and his Army which was
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
that is What credit the Irish Roman Catholick Historians deserve in these matters and certainly it is so very little that I hope the greatest fault that will be found with this Collection will be that I have honoured Mr. Sullevan and others of them with too large a Confutation for besides the direct Testimony of Peter Walsh that these Popish Authors do a P. W. Remonstrance 583. mingle Truth and Lyes indifferently whoever will take the Pains to read their Books will find that they understand one anothers failings so well that when they fall out they do little else but give one another the b Fryar Paul King published innumera mendacia Beling in pref mendacia horrenda ibidem indigesta mendaciorum moles Beling 1. Belingus mentitur quidem splendide says Father Ponce vindiciae Eversae 175. vel mentitus es vel mendacium protulisti ibid. 12. Similiter ibid. pag. 4. 17. 28 c. Lye in a word I have not found one of them tolerable or of any credit except Peter Walsh and Mr. Beling And do think that all the rest of them that I have seen do deserve that Character which Mr. Beling has given to Fryar Paul King Tanquam capis in cudendis Mendacâ—â—s voluptatem ut ab eis etiam ubi rem tuam nihil promovent abstinere teâ—nequeas Beling 69. viz. That they take so much delight in Lying that they cannot abstain from it even where it does them no Serviâ—e This being Premised the first Question will be whether the Irish or English began the Rebellion for beside that the Irish have published b Burlace Epist 120. abroad both by word and writing That the English were the Aggressors R. S. in his Collection of Murders pag. 1. affirms that the Murder of Three thousand Irish in the Isle of Magee was the first Massacre in Ireland on either side But certainly it is more difficult to believe that any one could be so shameless to make this Objection then it is to give it a full and undeniable Answer for the Slaughter at Magee did not happen until the latter end of November and in revenge of the many Murders committed by the Irish on the Scots whom they spared for the first Ten days whilst in the mean time they murdered the English and it is notorious to all the World that the Irish Rebellion broke out the 23d day of October and that there were many Murders committed even that very day and every day after for a long time all which is testified by a Cloud of Witnesses and that the Rebellion was contrived c Review 10. Vindicae eversae 2. plotted and begun by the Irish will appear from the Testimony of the Lord Macguire Macmahon Tirlogh Oge O Neal and Sir John Read in their respective Examinations and by the Confession of the Earl of Castlehaven Peter Walsh the Bishop of Fernes and Father Ponce which two last do endeavour to justifie it as a Holy and Just War And that leads me to the Second Question Sanctum justissimumque decenii bâ—llum vindiciae eversae 1. viz. Whether it were a Rebellion or not for there are some that call it a Holy and Just War others dwindle it to a Commotion and P. W. is reprimanded for calling it a Rebellion As if says the Bishop of Fernes Belli nostri honestas justitia summa est ibid. 35. Our taking up Arms for the necessary Defence of Lives and Religion against the Protestants our Fellow Subjects could be a Rebellion and in their National Synod or Convocation at Dublin Bleeding Iphigenia Anno 1666. the Popish Clergy tho' prest to it refused to beg his Majesties Pardon for that War P. W. Remonstrance 666. for they knew not of any Crime they had committed therein To which I Answer P. W. Letters pag. 33. I must Confess says he I had not that Brazen brow of Impudence to deny either the notoriousness of the Fact or the clearness of the Law in their Case That the Irish Procurator P. W. has not only confessed this horrid Rebellion and proved it to be so but has assured us that all their publick Agents and Commissioners Sir Robert Talbot Colonel Moor the Earl of Clancarty the Lord Birmingham Sir Nicholas Plunket c. and many Thousands of the Irish Nobility Gentry and Lay Proprietors both at Dublin and London in their Petitions Answers Certificates Claims and other Papers acknowledge this fatal Stain under the very Term and Name of Rebellion I should not mention the Act of Adventurers 17 Car. 1. in England which adjudged this War not only to be a Rebellion but also so general a One that they thought several Millions of Acres of Land would be as they were forfeited thereby nor the Act of Settlement in Ireland which stiles it An unnatural Insurrection and Rebellion but that the former shews the Judgment of the King and Parliament of England in the Point and this latter Act was exposed to the censure of the Irish Papists and every word was expung'd which they could contradict But if the Murder of the Kings Subjects in a Hostile manner the declaring against his Religion the Ejection of his Clergy the seizing of his Forts and Castles the besieging of his Towns the fighting of Battles with his Armies the Usurpation of all his Prerogatives the seizing of his Revenues and the Presumption to Act as a Separate State be not a Rebellion it is very difficult to define what is But they Reply The Third Question That if it be a Rebellion and not simply justifiable yet it ought to be excused because the Motives to it and the Causes of it were so pressing as that they were not to be resisted by sensible Men for they were afraid the Monarchy was to be supprest and consequently they Being the a Catholicos ceteris omnibus fideliores Stirpitus devellendos vindiciae Catholicorum 4. Loyalest Subjects to be extirpated by the Puritans and they say they intercepted Letters importing that they must abjure their Religion or be sent to Ameria and they suffered a Thousand Grievances upon Account of b In odium tam Nationis quam Religionis ibidem Nation and Religion and therefore the Congregation of the Clergy in May 1643. declared their Insurrection just To this I Answer That they thought and will ever think the English Government a Yoke of Slavery and they had no other cause to Rebel but to shake that off and so Mr. Bealing one of the greatest and wisest of them ingeniously Confesses Vindiciae Catholicorum 2. Grave jugum sub quo à centum quod excurrit annis tota Natio ingemiscit excutere Statuunt They that speak plain Truth in their Books Printed beyond Sea acknowledge that it was for the Liberty of their Religion Bellum fuit pro Religione susceptum says the Bishop of Fernes in his Epistle to the Archbishop of Paris p. 37. Pro defensione Restitutione Religionis
Robbers or Murderers as many as were guilty respectively but not Rebels if they had the King's Commission for what they did and consequently the Forfeiture of their Estates for that Rebellion whereof they could not be guilty would be unjust and void and those that Enjoy them would be bound to make Restitution But this Observation is nothing to the Truth or Falsity of the Objection and is therefore offered only to prepare and dispose some prejudiced and prepossessed Minds to the Reception and Entertainment of Truth when it is discovered and proved As to the Reasons of the Objection they shall be considered in order And first whoever reads the ensuing History or knows any thing of the Popish Clergy at that time in Ireland will be easily satisfied that their Testimony in this case is the worst sort of Irish Evidence and as for the Commission shewed by Sir Phelim O Neal it is certain that he forged it and made one Michael Harison take a Seal from a Patent he found at Charlemont and fix it to this Counterfeit Commission and thus much Sir Phelim and Harison confessed at Sir Phelim's Tryal and Sir Phelim did the same at the Gallows ☞ although he was offered to have his Life spared and his Estate restored if he could shew any Commission from the King As for the Pretences of the Supreme Council and their Generals all the world knows that their Contradiction and Hypocrisy were apparent for they made the same Pretences even whilst they fought against the Marquis of Ormond and His Majesty's Army and they pretended to maintain His Majesty's Prerogative whilst they were actually usurping all His Prerogatives even to that of making War and against Himself and with the same confidence and design they enjoyned Loyalty and Allegiance in the first Clause of that Oath of Association which was to dissolve all their Allegiance and to be the Cement of their Conspiracy and Rebellion As to the number of the Proclamations His Majesty sent I do aver from Authentick Copies of the Lords Justices and Councils Letters that they did at first write but for 20 and afterwards they desired that they might have 20 more so that they had the full number they sent for and all Signed by the King 's own Hand and Seal with his Signet and if it be considered what use could be made of these Proclamations it will be easily allowed the Number was more than sufficient for they could only serve to undeceive those that doubted Whether the King countenanced the Rebellion or not And it is manifest from the Success that not one of the Confederates thought that he did for we do not find that one of them was converted or withdrawn from the Rebellion by all these Proclamations And as for the Lord of Antrim's Information Appendix 49 it expresly clears the King from giving any Commission for the Rebellion and as to the Letter in favour of that Lord 1663 and his Restoration to his Estate thereupon it may argue the Prevalence of Popish Councils at Court at that time but cannot infer any Guilt on the King that was dead 15 years before and in good manners we ought to say they were the words of the Secretary and not the words of the King since it is notoriously known that they are not true whosever words they are for Antrim was so far from acting by the King's Orders that he sided with the Nuncio and publicâ—â—ly opposed the Peace of 1646. and 1648. and accordingly the Duke of Ormond and the Council of Ireland did by their Letter of the 3â—th day of July 1663. at large discover to the King that His Majesty was misinformed both in the Man and the Matter And I must add that neither the Cessation nor the Peaces of 1646. and 1648. nor any Fav 〈…〉 r extended to the Irish after the War broke out between the King and Parliament do concern this Argument because they were done upon another and a different Reason viz. To reconcile His Subjects of Ireland that they might joyntly contribute to His Majesty's Assistance in England he was attacked on both sides and tryed to get rid of one Enemy that he might the better prosecute the other he made several Essays to that purpose with the respective Parties both in England and Ireland and it were as good Logick to argue him guilty of Favouring the Covenanters because of the Treaty at Vxbridge as to say He Countenanced the Irish Rebels because of the Treaty at Sigginstown And having thus answered the Objections I proceed to demonstrate That the King had no hand in that Execrable Rebellion First because he Signed 40 Proclamations against it and in his Commission to hear their Grievances at Trim there is this passage Although We do extremely detest that odious Rebellion which the Recusants of Ireland have without ground or colour raised against Vs Our Crown and Dignity which the Irish would never have endured for they were highly dissatisfied with the Expression nor the King have offered if they could have made so good a Justification of themselves as His Majesty's Commission would have amounted to I do not think it necessary to add That His Majesty devolved the Management of that War on the Parliament and disposed of 2500000 Acres of their Forfeited Estates to the Adventurers though by these two Actions His Majesty did in a great measure put it out of his power of shewing the Irish any favour and much less shall I insist upon his Generous Offer to go in Person against the Irish nor his frequent Expressions of his detestation of that Rebellion and particularly to an English Earl of unquestionable Honour and Integrity yet living who expostulated with His Majesty upon that point anno 1642. and to whom the King denyed his knowledge of it with Asseverations and Abhorrence and vowed That if his Son had a hand in it He would cut off his Head I say that I will not enlarge upon these Matters because this one Consideration must convince all Mankind of the King's Innocence in this Affair and that is That an Irish Rebellion was the most unlucky and fatal thing that could happen to His Majesty at that juncture it broke all his Measures and was so evidently against his Interest that no body can suspect him to contrive it that does not at the same time think he was mad ☞ for if Ireland had stood quiet His Majesty might have drawn vast assistance of Men and something of Treasure from that Kingdom either against the Parliament or against the Scots as he had occasion whereas by that Rebellion all his Friends in Ireland were otherwise engaged and became rather a burden than an help to him In a word the very same Reasons that moved His Majesty afterwards to the Cessation and the Peaces were as strong and would have been as prevalent with him to prevent the Rebellion if he had had the least notice or suspicion of it and accordingly we find that
more than 50. There were a great many Projects in England for the Plantation of Ulster 1610. but many things that seem'd speclous in the Theory were afterwards found disadvantageous or impracticable Sir Francis Bacon's Notion was signified by his Letter to the King and is to be found in his Reâ—â—scitatio pag. 255. but it is not so exact as rest of that Great Man's Works However the Lands designed for the Undertakers were this Year disposed to them and two Books of Articles were printed for their better direction and it was particularly mention'd in their Agreements That they should not suffer any Labourer that would not take the Oath of Supremacy to dwell upon their Lands But the incomparable City of London was the Soul and Life of the intended Plantation and therefore the Lords of the Council in his Majesty's behalf entred into Articles with that City the Twenty eighth day of January 1609. to this effect First That Twenty thousand Pounds be levied by the City Fifteen thousand Pounds of it to be expended in the Plantation and Five thousand Pounds in clearing and buying Private Titles Secondly That Two hundred Houses be built at Derry and room for Three hundred more and Four thousand Acres profitable Land to be laid thereto and that the Bishop and Dean shall have convenient Plots for their Houses Thirdly That a hundred Houses be erected in Colerain and room for Two hundred more and Three thousand Acres to be annexed thereto and the King to maintain a Bridge for ever Fourthly That the whole County of Colerain be cleared by the City from all Claims except three or Four Irish Free-holders and the Bishop and Dean of Derry and the City to have the whole Territories of Glancanken and Killetragh and the Patronage of Churches Fifthly That the aforesaid Four thousand and three thousand Acres pay a Fee-farm Rent of Fifty three Shillings and four Pence and be held in Free Burgage and all the rest in Common Socage Sixthly That the City shall have all Customs Tonnage Poundage c. for Ninety nine Years at Six shillings eight pence per Ann. and the Fishing of the Ban and Laghfoyl as far as it ebbs Seventhly The City to have liberty to transport Prohibited Goods growing on their own Lands and the Office of Admiralty in the Counties of Tyrconell and Colerain Eighthly That no Flax Hemp Yarn or Raw Hides be transported from Derry or Colerain without Licence of the City-Officers Ninthly That their Land be freed from all Patents of Privilege and all Compositions and Taxes Tenthly That they have the Castle of Culmore keeping a Ward in it Eleventhly That the Liberties of each Town shall extend three Miles each way and shall have such farther Liberties as shall be thought fit on view of the Charters of London Cinque-Ports Newcastle and Dublin Lastly That the King shall keep necessary Forces a convenient time and that the City shall have Seven years to make demand of any thing reasonable and necessary which cannot be now foreseen and that an Act of Parliament shall pass to ratifie these Articles and the City to build sixty Houses in Derry and forty in Colerain with sufficient Fortifications by November next and to finish all by November 1611. But afterwards on the Twenty eighth of March 1611. the Londoners finding that they could not possibly accomplish their Undertaking within the appointed time petitioned the King that they might be permitted to proceed in their Buildings at Colerain and leave alone Derry till the next Year which was granted provided they would finish Colerain that Summer and fortifie or rather inclose Derry It seems the King and Council of England resolved to proceed effectually to the Reformation of Ireland by making Laws and by putting those that were made in execution and by putting that Kingdom under a regular and methodical Government and in order to it on the twenty fourth day of June 1611. the Lord Carew was sent Commissioner to Ireland to inspect Affairs there and to endeavor to lessen the Publick Charge and to inhance the King's Revenue and to provide for a Parliament He had Five Pounds a day allow'd him from the twentieth of May and Four hundred Pounds Imprest he received in England and was to sign next to the Deputy all Orders of Council-board And tho' the Lord Deputy complain'd that the Forts of Halbowling Castle-ni-park Duncannon Gallway and the Castle of Limrick were not finish'd and repair'd and that the Londoners did not proceed to build at Derry tho' they did at Colerain and that it was necessary to keep a considerable Force in the Kingdom nevertheless the Lord Carew and Council did proceed to lessen the King's Charge 13893 l. by reforming the Army which they reduc'd to 176 Horse 1450 Foot and 123 Warders contrary to the Deputy's Opinion who was therefore traduc'd as partial to Military Men and it seems that immediately the Fort of Castle-ni-park that is the Stone-work of it was built and afterwards a Blockhouse was also erected down lower and almost level with the Water and they also setled the Customs in all parts of the Realm On the thirteenth of July 161â— the former Proclamation of the fourth of July 1605. against Titular Bishops Jesuits Friars c. was reviv'd but so faintly executed that I find mention only of the Titular Bishop of Down and four Friars to have been apprehended thereupon There were also Orders issued to tender the Oath of Supremacy to all Magistrates Justices of the Peace and other Officers and to displace those that would not take it And in August there was an Inquisition by Jury to discover the Breaches of Articles made by the Planters and Undertakers in Munster and particularly Whether any Irish contrary to the Plantation-Covenants were permitted to inhabit or dwell on the Lands granted to the Undertakers Moreover there was a general Muster of the Signiory-men or English Inhabitants on the Plantation-Lands at which no body was found so well supplied with British Tenants as Sir Richard Boyle afterwards Earl of Cork for there were mustered of his own Tenants at Tallow Eighty Horsemen One hundred eighty six Pikemen Two hundred and fifty Shot and Six Halberdiers It is observed That all the Goods and Merchandizes exported and imported this Year did not exceed the Value of 211000 l. and before this time there was so little Foreign-Trade that Seven Years Customs probably from the beginning of the King's Reign to April 1609. did amount to no more in the several Ports than as followeth viz. Â l. s. d. Seven Years Customs in Wexford 36 08 10 Ross 53 10 09 Drogheda 215 02 08 Carigfergus 399 06 07 Youghall 70 00 00 Kingsale 18 02 03 Derry Ballyshanon 35 03 10 Cork 255 11 07 Dingle 01 06 06 Waterford 716 03 07 Dublin 1890 02 01 Dundalk 65 19 06 Gallway 72 17 06 Limrick 141 09 06 Dungarvan 00 13 11 But it seems that this was only the Custom of Prohibited Goods and the
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
above two thirds of it at most Sâ—ptima mobilum imobilium vero anui proventus quinta pars And so the Parliament was by Proclamation dissolved in October 1615. This Year also was held a Convocation at Dublin which established Articles of Religion in 104 Paragraphs or Sections and among them the Nine Articles agreed on at Lambeth November 20. 1655. are almost verbatim to be found Because of the 〈◊〉 of some Popish Lawyers in the House they were not permitted to practise in Michaelmas Term whereupon the Lord of Rylline and Sir Christopher Plunket petition'd the Lords of the Council in England That the Statute of 2 Eliz. does not extend to the Lawyers that they had spent their Time and Patrimony in Study and they and their Predecesors have done acceptable Service to the Crown in encouraging the ignorant Multitude to embrace the Freedom and Fruition of the Common Law which in comparison of the 〈◊〉 Law is of inestimable value unto them Besides 't is prejudicial to their Clients who have acquainted them with their Evidences some of which have neither English Language nor Money to imploy or instruct others and that it would force them to breed their Children abroad Secondly That the Statute of 2 Eliz. is illegally executed viz. by Indictment so that the Fees are five times the Penalty of the Statute and so two Punishments for one Thing and in stead of Twelve pence Fine designed to the Poor Ten shillings is exacted by Clerks and Officers for Fees Besides the Forfeiture being appropriated to the Poor the Clerk of the Peace has no Right to intermeddle Thirdly That the Judges of Assize do 〈◊〉 into all Forfeitures since last Assize whereas there are Sessions 〈◊〉 wherein perhaps the Party has been punish'd and so may be punish'd twice Fourthly That the Ministers do exact Money for Marriages and Christnings tho they don't officiate and the Ordinaries exact great Sums for Commutation of Penance And in all these Particulars they pray Relief By Virtue of the King's Letter of the 12th of April 1615 a Commission issued to enquire into his Majesties Title to the Counties of Longford and Letrim whereupon a Jury was impanelled and the Inquisition return'd that the Territory of Annaly now the County of Longford containing Nine hundred and Ninety Cartrons of Land was by King Henry the Second granted to Hugh de Lacy who built Castles and planted English there and that they were ousted by the O Feralls in the time of Edward the First and that Faghan O Ferall surrendered that Territory to Queen Elizabeth the 13th of November in the Twenty ninth Year of her Reign and that her Majesty regranted it to him 20 Decemb. 30 Eliz. Proviso the Patent to be void if the Queen had any other Title than that Surrender and it finds the Statute of Absentees And by another Inquisition taken about the same time it appears that the Brehny i. e. the County of Letrim was by King John given to Walter de Lacy who likewise planted it with English which were afterwards violently dispossessed by the O Rourks and Mac Grannells and that O Rourk had three Legitimate Sons and six Bastards that Teige one of his Bastard Sons succeeded him in the Estate and that he had Issue Teige who had Issue Daniel now living and that Brian Second Son of O Rourk had Issue Sir Brian who surrendered that Territory and agreed to take out a Patent but never did it He was executed in England and it was his Son Teige that submitted and took out a Patent Anno 1603. And this Teige married Mary Daughter of Hugh mac Manus O Donell whose two former Husbands Sir Moylmurry mac Swiny and Sir Donell O Cohan were still living by whom the said Teige had Issue Brian and died and whether Brian be a Bastard or not Juratores predict ignorant And the like Inquisition was found about the Territory of Ely O Caroll whereby it appear'd that that Signiory containing Ninety three Plow-lands was surrendred to Edward the Sixth who regranted it to Teige O Caroll and made him Baron of Ely and he dying without Issue his Bastard-son Sir William O Caroll intruded and surrendred to the Queen 28 July 20 Elizabethae and had it regranted to him in Fee-simple and that he died leaving one Daughter Joan Mother of Redmond Burk pretended Baron of Letrim that Sir Charles O Caroll Bastard-son of Sir William intruded and that Joan releas'd to him but he dying without Issue Moelroony mac Teige another Bastard-son of Sir William's intruded and married Margaret O Dwin whose first Husband Tirlagh Ballagh O Coâ—nor was then living and by her had Issue John O Caroll and whether he be a Bastard or not ignorant In the latter end of August came over a Commission bearing date the Fifth of that Month under the Great Seal of England impowering and authorizing the Lord Deputy and others or any Seven of them Quorum the Deputy to be one to Bargain Sell and Conclude for any the King's Mannors Lands Tenements and Hereditaments Spiritual or Temporal within the Realm of Ireland Whereupon many People past Patents wherein was reserved a small Quit-Rent and a Halfpenny an Acre for Waste-land after it be made Arable and Relief as amongst Common Persons The Patentees had free liberty to transport the Produce of the Land to any Part of England or Wales and they had a Clause of Exoneration from Cess Cudyes Coyn Livery Cuttages Resections Kearneâ—y Cosnery Gilletinny and Gillecon and all Impositions except Royal Compositions and Risings out About this time another Plot was discovered to Sir Thomas Phillips of Lemavaddy 1615. by one Teige O Lenan It was contrived by Alexander Mac Donell Bryan Cross O Neal and other principal Irish-men in Tyrone and Tyrconnell the Design was to seize Charlemont and other Forts in Ulster and to murder the Protestants there and elsewhere whil'st the chiefest of the Nobility and Gentry were at the Parliament and they were promised considerable Aids from France Spain and Rome Mr. Sullivan tells us Sullivan 269. That this Lenan was a Criminal Gamester bribed by the Deputy to this Service which is their common Pretence when the Fact is Sworn for he confesses that Lenan gave Evidence against them and that they were by Jury convicted and that Bryan O Neale Art O Neale Roger O Cahan Jeofry O Cahan Alexander Mac Surly Patrick O More Con O Kahan and two Priests were executed for that Treason Regiminis Ang. in Hib. defensio adversus Analect Pag. 54. But Doctor Rives assures us that both Bryan O Neale and Roger O Cahan consessed it in the very same manner and order as Lenan had discovered it And in Dececember Sir Oliver Lambert was sent to the Island of 〈◊〉 to reduce some Scots that were troublesom and Seditious there which he performed by taking the strong Castle of Dunaveg Lib. C. and other less considerable places And soon after it seems that the Lord-Deputy
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
had scarce a fair Pretence for that Cavil yet to satisfie them those words were by a Second Proclamation of the 29th of October explain'd to extend to none but such as were in Rebellion Their Second Attempt was at the Session of Parliament on the Sixteenth of November where they endeavoured to Palliate the Rebellion and smooth and soften their Protestation against it and complain'd at the Shortness of the Session whereby they were hindred as they said of means to suppress the Insurrection But finding neither of these sufficient they had afterwards Recourse to other as ill grounded Complaints hereafter mentioned and in the mean time they excused themselves to the State that they were not able to raise Men according to their Commissions of Government by which Answer and some other Passages the Lord Justices perceived That even those of the Pale were Tainted with the infection and therefore they recalled the Arms they had delivered out to them and by a great deal of industry they recovered about Nine hundred of them and the rest were treacherously made use of against the State that had too credulously trusted the Roman Catholicks with them at so critical a Juncture In this extremity and want of all things especially Money Application was made to the Corporation of Dublin but that famous City the Metropolis of the Kingdom would not advance more than Fifty Pounds tho' upon so great an Emergency whereby the State was convinc'd that the Rebellion was Universal and that even those the Citizens that did not dare to appear openly in it were yet secretly Well-wishers to the Cause and in their Hearts devoted to the Persons and Designs of the Rebels And this was the more manifest because the Popish Citizens did rarely if at all administer any the least Comfort to the poor and plunder'd English insomuch that the Protestants perished in such Multitudes at Dublin that the Church-yards being full of Graves the Lords Justices were fain to provide two large Pieces of Ground for new Burying-places for them The Lords Justices by their Proclamation of the Twenty seventh of October caused Michaelmas Term to be adjourned and sent Four hundred Musquets by Sea to the Lords Viscounts of Clandeboys and Ardes and also sent Commissions to them to raise the Scots and to receive Submitting Rebels to Mercy and they also wrote to the Lords President of Munster and Connaught to be on their Defence And because of the great Concourse to Dublin and the danger that City was in upon the Complaint of the Magistrates thereof all Strangers were commanded by Proclamation to depart the City upon pain of Death but no body was punished for disobeying that Order altho' there was a second Proclamation against the Harbourers of such Strangers But how general soever this Rebellion was and how cruel soever the Authors of it were Vid. Appendix 10. altho' the very Women and Children were active in stripping and murdering the distressed English yet the Execution could not be so great nor with so little Loss to the Irish but that the English were wheedled to put a Confidence in their Irish Landlords Tenants Servants and Neighbors with whom they had lived kindly and to whom they had given no manner of Provocation and so neglecting the proper Means of defending themselves they were miserably betrayed and perfidiously destroyed by those they trusted it being esteemed a Mortal Sin amongst most of the Rebels to relieve or protect a Heretick But in some places the English to considerable Numbers were embodied together and being in a condition to make some Resistance were promised Quarter and good Articles upon Oath But as soon as they submitted they were also treacherously murdered And thus they were served at Loughell Temple 41. Armagh Belturbet Longford Tullogh New-Town Burlace 71. Sligo and many other Places At first the Rebels did pretend to spare the Scots and to make a Difference between them whom they professed a Kindness for because they were Strangers and their Religion likewise persecuted by the parliament and the English against whom they expressed a most bitter and inveterate Hatred and to disguise their Designs they did actually Forbear them for about ten days till the English were destroyed and then they fell upon the Scots also and made no farther distinction between British Protestants By the First of November the Protestants had very little left in Ulster except Londonderry Colerain and Iniskilling and half the County of Down and part of the County of Antrim which the Government was in an ill Condition to provide for or relieve and had no hopes of retrieving that part of Ulster which was lost and so deeply drench'd in innocent Blood otherwise than by Force of Arms but as to the Counties of Meath West-Meath Longford and Louth which were not yet so deeply plung'd in Robberies and Murthers the Lords Justices had hopes of their Submission and therefore did issue their Proclamation of Pardon to all that would submit within Ten days Freeholders and Murderers only excepted But whilst these things were doing viz. on the First of November the Parliament of England voted a Supply of Fifty thousand Pounds for the Relief of Ireland and that all the Papists of Quality in England be secured and that none except Merchants shall pass to Ireland without a Certificate and that a Pardon be offered to the Irish Rebels and that Owen O Conally the Discoverer of the Plot should have Five hundred Pounds in Money and Lands worth Two hundred Pounds per Annum setled upon him And this Order was 12 November printed in Dublin and dispersed all over the Kingdom but without any Effect For now the Rebels were elevated and had formed a Design against Tredagh whereof Doctor Jones afterwards Bishop of Meath gave timely notice so that it was prevented for tho' the Lord Moor had made a seasonable Entry into that Town nevertheless the Inclination of the Townsmen and of Sir John Nettervill who had a Foot Company there in the King's Pay being manifestly favourable to the Rebels the Place was not safe without a stronger Garison and therefore Sir Henry Tichbourn with a Regiment of Foot and two Troops of Horse was sent from Dublin the third day of November and came safe to Tredagh the next day On the Fourth of November Sir Phelim O Neale and Rory Macguire from their Camp at Newry published That they had a Commission from the King under the Great Seal of England for this Insurrection And one Harison having taken the Seal from an old Patent of the Lord Cawfeild's at Charlemont and fixed it to a forged Commission they sent attested Copies of it in Letters to their Confederates thereby blacking their Insurrection with the worst of Circumstances viz. by laying it to the Charge of His Majesty who upon all Occasions expressed his Detestation of it and by this means they raised more Enemies to the King and created more Jealousies in the Minds of His Protestant Subjects
and gave more Colour and Umbrage for the Suspicions that were then entertained of Him than any other Action of that Time could do And indeed this single Act of theirs did His Majesty more mischief than all the pretended Loyalty of that Party since that time can atone for However to obviate the dismal Effects of that impudent Forgery as much as they could the Lords Justices did Burlace Append 3. by their Proclamation of the Thirtieth of October 1642. publish that Sham to be false and scandalous And it is very observable That this Contrivance of theirs from whence they hoped to derive so much Advantage was the Occasion of their Ruin for the King to vindicate himself from this gross Aspersion was necessitated to devolve the Management of the War upon the Parliament and to consent to the Act of Adventurers which dispos'd of most part of the Rebels Estates and indeed to humour them in every thing relating to Ireland and particularly in giving up Carrigfergus to the Scots And on the same Fourth of November Temple 50. the Parliament of England voted 1. That Twenty thousand Pounds be forthwith supplied for the present Occasions of Ireland 2. That a convenient Number of Ships shall be provided for the Guarding of the Sea-coasts of that Kingdom 3. That this House holds fit that Six thousand Foot and Two thousand Horse shall be raised with all convenient speed for the present Expedition into Ireland 4. That the Lord Lieutenant shall present to both Houses of Parliament such Officers as he shall think fit to send into Ireland to Command any Forces to be transported thither 5. That Magazins of Victuals shall be forthwith provided at Westchester to be sent over to Dublin as the Occasions of that Kingdom shall require 6. That the Magazins of Arms Ammunition and Powder now in Carlisle shall be forthwith sent over to Knockfergus in Ireland 7. That it be referred to the King's Council to consider of some fit Way and to present it to the House for a Publication to be made of Rewards to be given to such as shall do Service in this Expedition into Ireland and for a Pardon of such of the Rebels in Ireland as shall come in by a Time limited and of a Sum of Money to be appointed for a Reward to such as shall bring in the Heads of such Principal Rebels as shall be nominated 8. That Letters shall be forthwith sent to the Justices in Ireland to acquaint them how sensible this House is of the Affairs in Ireland 9. That the Committee of Irish Affairs shall consider how and in what manner this Kingdom shall make use of the Friendship and Assistance of Scotland in the Business of Ireland 10. That Directions shall be given for the drawing of a Bill for the Pressing of Men for this particular Service for Ireland In the mean time the Lords Justices and Council did all that was possible for the Preservation of the Kingdom They on the Fifth of November dispatched a second Express to the King and another to the Lords of the Council and then and not before wrote to both Houses of Parliament and sent a Duplicate of it to the King and they formed a thousand of the stripped English into a Regiment under Sir Charles Coot and soon after they raised two Regiments more under the Lord Lambert and Colonel Crawford They also took care to Victual the Castle of Dublin and to clear an old Well that was in it and to do all things necessary to fit it for a Siege And to prevent any Surprize that might happen by the great Concourse of People to the Castle they removed the Council to Cork-house and often sat there in Council which was a great Oversight and might have been Fatal to them if the Lords of the Pale who soon after went out into open Rebellion had had the Courage to seise upon them there as they easily might have done On Saturday the Sixth of November Philip O Rely Knight of the Shire and the Irish of the County of Cavan sent an insolent Remonstrance to the Lord Justices by Doctor Jones whose Wife and Children they had at their Mercy and impowered him to assure their Lordships That there should be a Cessation of all things till the return of his Answer But tho' the Lords Justices gave a Civil Answer to it and sent the Remonstrance to the Lord Lieutenant to whom the King had ordered them to apply themselves about the Affairs of Ireland yet the very next Munday being the Eigth of November and before any Answer could come these Remonstrants Rendezvoufedâ— at Virginia a Town in the County of Cavan and proved the fiercest Rebels of all and by the Eleventh of December had taken the whole County of Cavan except the Castles of Keighlah and Croghan which were also surrendred to them the Fourth of July 1642. and Thirteen hundred and forty English Persons were thence according to Articles conveyed to Tredagh On the Eleventh of November the Lords Justices published another Proclamation prohibiting all unnecessary Persons from repairing to Dublin which the Irish took very ill and made a great noise about it tho' no Person of Quality or Business was in the least restrained by that Proclamation But their Design was to pick Quarrels and to manage all Accidents to that purpose On the Twelfth of November the County of Wickloe appeared in its proper Colours they murdered or robbed all the English Inhabitants within that County and burnt the principal Houses and laid Siege to Fort-Carew which the Lords Justices had not Means to relieve The Counties of Letrim Longford West-Meath and Louth were already infected and Wexford and Caterlogh followed the bloody Examples of their Neighbours and even the County of Kildare it self began to put on a terrible Countenance and the Irish of the Pale having gotten Arms from their English Neighbors under pretence of opposing the Rebels were the better able to do Execution on those stupid Protestants that so foolishly parted with them to their National and Hereditary Enemies The Lords Justices had by Proclamation Prorogued the Parliament to the Twenty fourth of February but at the Importunity of some Irish Lawyers who pretended great Affection to the King and earnest Desires to quench the Rebellion the Parliament which was a very thin one was permitted to meet on the Sixteenth of November and then it was visible that more were tainted with the Infection than appeared openly in Rebellion for the Popish Members did with great Cunning and Artifice endeavour to varnish or excuse all the Actions and Cruelties of the Rebels and those who seemed most to discountenance the Insurrection did nevertheless cover it over with such a Veil treat of it so nicely and handle it with so much tenderness as if themselves most of them being of the Conspiracy were immediately to participate of the Punishment as well as they were clandestinely involved in the Plot They would by do means have
thousand five hundred Pounds yet for the better furthering of the Service we desire Ten thousand Pounds if it may stand with your Convenience 6. That their Pay which was condescended unto from the Eighth of December be presently advanced to the Eighth of February next against which time we are confident they shall be ready to march 7. That a Man of Wâ—r or some Mâ—rchants Ships be sent from Bristol Westchester or Dublin to 〈◊〉 for a Safe Convoy and Guard of the Passage because they 〈…〉 Boats may be subject to Inconveniences from the Enemy 〈…〉 we hear are towards that Coast 8. That the sending 〈…〉 thâ—se Men be without prejudice to the Proceeding of the Treaty which we desire may go on without any delay Westm 24. Jan. 1641. JA. PRYMROSE Which Proposals were approved of by Both Houses but the King disliked the Third Article as appears by His Answer viz. His Majesty having perused and considered these Eight Propositions presented by the Scots Commissioners doth willingly consent to them all except only the Third which His Majesty doth not approve and wisheth the Houses to take that Article again into Consideration as a Business of very great Importance which His Majesty doubts may be prejudicial to the Crown of England and the Service intended And if the Houses desire it His Majesty shall not be unwilling to speak with the Scots Commissioners to see what Satisfaction he can give them therein And the next day they waited upon him and told him That since it was only Matter of Trust that was in debate they hoped that he who was their Native King would not shew less Confidence in them than the English Nation had done Whereupon His Majesty consented rather than the necessary Supplies for Ireland should be delay'd And on the Fourteenth of February a Committee of Both Houses went with a Message to the Spanish Ambassador to this effect That the Parliament were informed Husbands 79. That some Vessels in Dunkirk laden with Arms and Ammunition were designed for Ireland and that if they or any such Ships were suffered to go thence it should be interpreted a Breach of the Peace between England and Spain To which the Ambassador answered That he would be careful to continue the League between both Crowns and did assure them that those Ships were not bound for Ireland And on the same Fourteenth day of February His Majesty sent a Message to Both Houses in which are these Words For Ireland in behalf of which His Majesty's Heart bleeds as His Majesty hath concurred with all Propositions made for that Service by His Parliament so He is resolved to leave nothing undone for their Relief which shall fall within His possible Power nor will refuse to venture His own Person in that War if His Parliament shall think it convenient for the Reduction of that miserable Kingdom And in the same Month the Parliament knowing that the Sale of the Rebels forfeited Estates was the best way to prevent future Rebellions by English Plantations in Ireland and to raise Money for suppressing of this did vote as followeth viz. THe Lords and Commons taking into their serious Considerations Husbands 84. as well the Necessity of a speedy Reducing of the Rebels of Ireland to their due Obedience as also the great Sums of Money that the Commons of this Realm have of late paid for the Publick and Necessary Affairs of the Kingdom whereof the Lords and Commons are very sensible and desirous to embrace all good and honorable Ways tending to His Majesty's Greatness and Profit the Setling of that Realm and the Ease of His Majesty's Subjects of England And whereas divers Worthy and Well-affected Persons perceiving that many Millions of Acres of the Rebels Lands of that Kingdom which go under the name of Profitable Lands will be confiscate and to be disposed of and that in case Two Millions and a half of those Acres equally taken out of the Four Provinces of that Kingdom may be allotted for the Satisfaction of such Persons as shall disburse any Sums Money for the Reducing of the Rebels there it would effectually accomplish the same have made these Propositions ensuing 1. That Two Millions and a half of those Acres may be assigned allotted and divided amongst them after this Proportion viz. For each Adventurer of 200 l. 1000 Acres in Ulster 300 l. 1000 Acres in Conaught 450 l. 1000 Acres in Munster 600 l. 1000 Acres in Leinster all according to English Measure and consisting of Meadow Arable and profitable Pasture the Bogs Woods and barren Mountains being cast in over and above These two Millions and a half of Acres to be holden in free and common Soccage of the King as of his Castle of Dublin 2. That out of those two Millions and a half of Acres a constant Rent shall be reserved to the Crown of England after this Proportion viz. Out of each Acre thereof in Ulster 1 d. Conaught 1 ob Munster 2 q. Leinster 3 3. That for the erecting of Mannors settling of Waste and Commons maintaining of Preaching Ministers creating of Corporations and regulating of the several Plantations one or more Commissions be hereafter granted by Authority of Parliament 4. That Monies for this great Occasion may be the more speedily advanced all the Undertakers in the City of London and within 20 Miles distance thereof shall under-write their several Sums before the Twentieth day of March 1641. and all within Sixty Miles of London before the First day of April 1642. and the rest of the Kingdom before the First day of May 1642. 5. That the several Sums to be under-written shall be paid in at four Payments viz. one fourth part within ten days after such under-writing and the other three parts at three Months three Months and three Months all to be paid into the Chamber of London 6. That for the better Securing of the said several Sums accordingly every one that doth so under-write shall at the time of his Subscription pay down the twentieth part of the Total Sum that shall be by him then under-written And in case that the residue of his first fourth part be not paid in to such person or persons as shall be appointed to receive the same within the ten days before limitted then such Party shall not only forfeit the twentieth part of the Sum total formerly deposited but so much more of his first fourth Payment to be added thereunto as shall make up the one Moyety of the said first Payment And if the same Person shall fail in any other of the three Payments he shall then Forfeit his entire first fourth and all the Benefit of his Subscription which Forfeiture shall accrue to the common Benefit of the rest of the Undertakers The Lords and Commons upon due and mature Deliberation of these Propositions have approved of them and given their consent unto the same and will become humble Petitioners to His Majesty for His Royal Approbation thereof and
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
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
Counsels near Your Majesty in opposition of the Parliament and favour of the Malignant Party of this Kingdom 6. It will bereave Your Parliament of that advantage whereby they were induced to undertake this War upon Your Majesties Promise that it should be managed by their Advice which cannot be done if Your Majesty contrary to their Counsels shall undertake to Order and Govern it in Your own Person Upon which and divers other Reasons We have resolved by the full and concurring Agreement of both Houses that We cannot with discharge of our Duty Consent to any Levios or raising of Soldiers to be made by your Majesty for this your intended Expedition into Ireland or to the Payment of any Army or Soldiers there but such as shall be employed and governed according to Our Advice and Direction and that if such Levies shall be made by any Commission of your Majesty not agreed too by both Houses of Parliament We shall be forced to interpret the same to be raised to the Terror of your People and disturbance of the publick Peace and hold our selves bound by the Laws of the Kingdom to apply the Authority of Parliament to suppress the same And We do further most humbly Declare That if your Majesty shall by ill Counsel be perswaded to go contrary to this Advice of your Parliament which We hope your Majesty will not We do not in that Case hold Our selves bound to submit to any Commissioners which your Majesty shall chuse but do Resolve to preserve and govern the Kingdom by the Counsel and Advice of Parliament for your Majesty and your Posterity according to Our Allegiance and the Law of the Land Wherefore We do most humbly Pray and Advise your Majesty to desist from this your intended Passage into Ireland and from all Preparations of Men and Arms tending thereunto and to leave the managing of that War to your Parliament according to your Majesties Promise made unto Us and your Royal Commission Granted under your Great Seal of England by Advice of both Houses in Prosecution whereof by God's Blessing We have already made a prosperous Entrance by many defeats of the Rebels whereby they are much weakened and disheartened and have no probable means of Subsistence if Our Proceedings shall not be interrupted by this Interposition of your Majesties Journey but that we may hope upon good Grounds that within a short time without hazard of your Majesties Person and so much dangerous Confusion to your Kingdoms which must needs ensue if you should proceed in this Resolution We shall be enabled fully to vindicate your Majesties Right and Authority in that Kingdom and punish those horrible Outragious Cruelties which have been committed in the murthering and spoiling so many of your Subjects and bring that Realm to such a Condition as may be much for the advantage of your Majesty and this Crown the Honour of your Government and the Contentment of your People For the better and mâ—re speedy effecting whereof We do again renew Our humble Desires of your Return to your Parliament and that You will please to reject all Counsels and Apprehensions which may any way derogate from that Faithfulness and Allegiance which in Truth and Sincerity We have always born and professed to your Majesty and shall ever make good to the uttermost with our Lives and Fortunes To this Answer The King made the following Reply We are so troubled and astonished to find the unexpected Reception and mis-understanding of our Message of the Eighth of April concerning our Irish Journey that being so â—â—ch disappointed of the Approbation and Thanks we looked for to that Declaration We have great cause to doubt whether it be in Our Power to say or do any thing which shall not fall within the like Interpretation but as we have in that Message called God to witness the Sincerity of the Profession of Our only Ends for the undertaking that Journey So We must appeal to all our good Subjects and the whole World whether the Reasons alledged against that Journey be of weight to satisfie Our understanding or the Counsel Presented to disswade Us from it be full of that Duty as is like to prevail over Our Affections For Our Resolving of so great a business without the Advice of Our Parliament We must remember you how often by Our Messages We made the same offer if you should Advise Us thereunto To which you never gave Us the least Answer but in your late Declaration told Us That ye were not to be satisfied with Words So that we had Reason to conceive you rather avoided out of regard to our Person to give Us Counsel to run that hazard than that you disapproved the inclination And what greater Comfort or Security can the Protestants of Christendom receive tâ—â—n by seeing a Protestant King venture and engage his Person for the defence of that Profession and the Suppressing of Popery to which We Solemnly protested in that Message never to Grant a Toleration upon what Pretence soever or an Abolition of any of the Laws there in force against the Professâ—rs of it And when We consider the great Calamities and unheard of Cruelties Our poor Protestant Subjects in that Kingdom have undergone for the space of near or full Six Months the growth and increase of the Strength of those barbarous Rebels and the evident Probability of foreign Supplies if they are not speedily suppressed the very slow Succours hitherto sent them from hence That the Officers of several Regiments who have long time been allowed Entertainment from you for that Service have not raised any Supply or Succour for that Kingdom That many Troops of Horse have long lain near Chester untransported 〈◊〉 the Lord Lieutenant of Ireland on whom We relyed principally for the Conduct and managing of Affairs there is still in this Kingdom notwithstanding our Earnestness expressed that he should repair to his Command And when We consider the many and great Scandals raised upon Our Selves by report of the Rebels and not sufficiently discountenanced here notwithstanding so many Professions of Ours And had seen a Book lately Printed by the Order of the House of Commons Entituled A Remonstrance of divers remarkable Passages concerning the Church and Kingdom of Ireland Wherein some Examinations are set down which how improbable or impossible soever may make an impression in the Minds of many of Our weak Subjects And Lastly when We duly weigh the Dishonour which will perpetually lye upon this Kingdom if full and speedy Relief be not dispatched thither We could not nor cannot think of a better way to discharge Our Duty to Almighty God for the defence of the true Protestant Profession or to manifest Our Affection to Our Three Kingdoms for their Preservation than by engaging Our Person in this Expedition as many of Our Royal Progenitors have done even in Foreign parts upon Causes of less Importance and Piety with great Honour to themselves and advantage to this Kingdom and
another place where there may not be the same Danger to Us. We expected that since We have been so particular in the Causes and Grounds of our Fears you should have sent Us word That you had published such Declarations against future Tumults and unlawful Assemblies and taken such Courses for the suppressing of Seditioâ—â— Sermons and Pamphlets that our Fears of that kind might be laid aside before you should press our Return To conclude We could wish that you would with the same strictness and severity weigh and examine your Messages and Expressions to Us as you do those ye receive from Us for We are very Confident that if you examine our Rights and Priviledges by what our Predecessors have enjoyed and your own Addresses by the usual Courses of your Ancestors Ye will find many Expressions in this Petition warranted only by your own Authority which indeed we forbear to take Notice of or to give Answer to lest we should be tempted in a just Indignation to express a greater Passion than we are yet willing to put on God in his good time We hope will so inform the Hearts of all our Subjects That We shall recover from the Mischief and Danger of this Distemper on whose good Pleasure We will wait with all Patience and Humility But as soon as the Lords Justices and Council of Ireland had Notice of his Majesties intentions to come personally into Ireland they wrote him a dutiful Letter of Thanks and Encouragement to proceed in his intended Voyage which may be seen at large Husbands Collections 148. And on the Thirteenth of August 1642. His Majesty sent a Message to the House of Commons To retract an Order they had made to dispose of One hundred thousand Pound of the Adventurers Money contrary to the express Words of that Act of Parliament and to the great prejudice of the Affairs of Ireland To which they Answer that That Message is a high breach of Priviledge that they Heartily designed the relief of Ireland and have been retarded and diverted from that Pious and Glorious work by the Traiterous Counsels about the King as may appear 1. By His Majesties not Countenanceing them in their Endeavours for that End 2. By His Majesties so late issuing of Proclamations against the Rebels and then limiting the number to Forty 3. By discouraging the Adventurers by his Absence from the Parliament 4. By refusing Commission to Lord Wharton for whom the Parliament had prepared Five thousand Foot and Five hundred Horse to Land in Munster 5. By calling away the most useful Men from that Service as Charles Floyd Engineer Captain Green Comptroller of the Artillery and others 6. By seizing on Six hundred Cloaths near Coventry that were designed for the Service of Ireland and by doing the like to Three hundred Suits of Cloaths and a Chest of Medicaments near Chester 7. By seizing the Draught Horses designed for Ireland at Chester 8. By quartering Soldiers in the common Road towards Ireland so that no relief can pass to that Kingdom 9. By withdrawing the Captains Ketleby and Stradling and their Frigats from guarding the Irish Coast 10. By receiving a Petition from His Majesties Catholick Subjects of Ireland complaining of His Puritan Parliament of England and desiring that since His Majesty does not come to them they may come to him Nevertheless they do protest before Almighty God that they have as great a Compassion and Sorrow for their distressed Brethren in Ireland as if themselves were in their Case and will endeavour to relieve them notwithstanding the Obstructions of all Opposers and that tho' they were forced to borrow that One hundred thousand Pound upon a great Exigency yet it shall be without prejudice to the Affairs of Ireland because they will make a real and speedy Repayment of the same that it may appear whether the King and his Cavaleers or the King and his Parliament do most affect and endeavour the setling of true Religion and a firm and constant Peace within that bleeding and distressed Kingdom To this the King made a Reply which in Effect was That He did not design to prejudice the Service of Ireland but refus'd to give Commissions because He was not sure but they would be made use of against himself and that He sent Proclamations against the Irish Rebellion both in number and time as the Lords Justices desired And as to this latter Point I can assure the Reader that I have seen Authentick Copies of the Lord Justices Letters and that they did write at first but for twenty Proclamations and in a Second Letter they desired but Forty which accordingly they had sent them and therefore I have very much wondered at an Objection so groundless which nevertheless made a great noise at that time But it is also necessary to inquire how the Irish managed their Affairs and what Methods they us'd to cement their Confederacy and manage the War And first We shall find their Titular Clergy assembling in a Congregation at Kilkenny on the Tenth of May where they made Orders which are recited at large Burlace Appendix 7. and are to this effect That whereas their War is undertaken against Sectaries and Puritans for Defence of Religion Maintenance of the King 's Rights and Prerogative for their Gracious Queen so unworthily abused for the Honor Safety and Health of the Royal Issue for the Liberties of the Kingdom and their Lives and Fortunes as by the unanimous Consent of almost the whole Kingdom in this War and Union appears They therefore declare that War openly Catholick to be Just and Lawful And whereas the Adversaries do publish Letters and Proclamations to be the King 's which are not His none such are to be believed until it be known in a National Council whether they truly proceed from Him left to His own Freedom and that there be an Oath of Union or Association and that there be no distinction of Families or Provinces or between Old and New Irish and that there be a Council of Clergy and Nobility in every Province and a General Council of the Kingdom and that Embassies from one Province shall redound to the Good of all and especially to that Province which hath most need of such Supplies as shall be sent by Foreigners and such Embassadors shall negotiate for a Neighbouring Province according to its Exigencies and that a faithful Inventory be made of the Burnings Murders and Robberies done by the Puritans with Circumstance of Time and Place and a faithful sworn Messenger be appointed to that purpose in every Parish and that Prisoners be not enlarg'd without Consent of all the Provinces and that Adversaries to one Town or Province shall be so to all and that Peace be not made but by Common Consent of the whole Kingdom and an Oath to be taken to that purpose ☜ and all Refusers of that Oath to be held Enemies and prosecuted as such and that the Clergy preserve Peace and Unity amongst the
Confederates and that Goods recovered he restored to the right Owners and that all who assist or favour the Enemies or stand Neuter be Excommunicated and that all Invaders of any Irishman's Property be Excommunicated and that those Excommunicated shall be excluded from Confession and Sacrament and that Importers or Makers of Arms Powder c. shall pay no Taxes and that in the next Congregation Embassadors be appointed to be sent to the Pope the Emperor and the Kings of France and Spain and that a Clergyman or a Lawyer be of the Quorum in every Embassie and that part of the Church-Livings be given to the Clergy and the rest to support the War and that Two Confessors and One Preacher be appointed for every Regiment c. And afterwards viz. on the Twenty fourth of October there was a General Assembly of the Lords Spiritual and Temporal and others the Representatives of the Confederates at Kilkenny and they likewise made many Ordinances mention'd at large Burlace Appendix 8. which are to this effect That the Popish Church in Ireland shall enjoy all Privileges according to Magna Charta and that the Common Law of England and all Statutes not inconsistent with the Freedom of Religion and the Liberty of the Subject be of force That Allegiance shall be continued to the King and His Prerogatives supported That the Law shall be executed as well as the Circumstance of War and the Absence from Dublin will permit That a Supreme Council of Twenty four be establish'd whereof Twelve constantly to reside and One of them to be President and Nine to be a Quorum of which Seven must concur to make any Vote obligatory and if a greater Number be present Two thirds must agree This Council shall have Authority over all Officers Civil and Military shall name Sheriffs Supreme Provost-Marshals c. and may do any thing for the Advantage of the Cause and determine Causes Capital and all other Matters except Title of Land and shall have a Guard of Five hundred Foot and Two hundred Horse That there be also Provincial and County Councils the former may receive an Appeal from the latter and may try Causes as Judges of Assize and Gaol-delivery use to do but must not meddle with Title of Land except Dowers and Jointures And the County Council shall have the Power of Sessions of Peace and an additional Authority to determine Personal Actions That the Sheriff in every County be Provost-Marshal and may execute any Man not worth Five pounds for any Capital Offence giving the Offender Twenty four Hours time to prepare his Soul And that no Temporal Government or Jurisdiction shall be assumed kept ☞ or exercised in this Kingdom or within any County or Province thereof during these Troubles other than is before expressed except such Jurisdiction or Government as is or shall be approved by the General Assembly or the Supreme Council And that every body quit the Possessions he hath wrongfully gotten and to avoid Debate that all Estates continue as they were possess'd for Three years last past unless the Title be determin'd or redeem'd and that to avoid all Distinction of Nation any British Papist that was so before this War and will come and reside in Ireland shall be privileg'd in a Third part of the Publick Taxes And that no Distinction or Comparison be made between Nations Provinces or Towns and that all New Converts be esteemed as Catholick Natives and that an Inn of Court be erected here and that Cess and Coyn and Livery be punish'd And no Soldiers shall be paid or relieved by the Country but such as are in the Marshal's List and none to be Billetted but by the Constable And that Free-Schools be erected in every Province And that the King's Revenue and the Enemies Rents be collected and dispos'd of by the Provincial or Supreme Council for His Majesty's Use and Service And that Popish Impropriators may retain their Tythes till that Matter be setled in Parliament And that there be Collectors of Publick Money in every County And that the Popish Wife of an Enemy shall have her Jointure and sue and be sued as if her Husband were naturally dead ☞ And that the Possessions of the Protestant Clergy in Right of the Church shall be deemed the Possessions of the Catholick Clergy And that no Man imprison'd by one Council shall be inlarg'd by another And that no Protection be given to the Enemy or their Servants with-without special Order That Merchants and their Ships be protected in their Importations and that Commissioners be appointed in every Port to view the Arms and Ammunition that shall be imported and to certifie the same to the Supreme Council That Fugitive Soldiers be sent to their respective Commanders That the Estates of Neuters and Enemies do first pay their Debts to any of the Confederates before any of it be put into the Publick Stock and that no Soldier meddle with an Enemies Lands or Goods without Order And lastly That the * * Append. 14. Oath of Association be taken solemnly after Confession and the Sacrament in the Parish-Church and the Names of all Persons of Rank and Quality that take the same to be enroll'd The Assembly did also 25 October order Proclamation to be made to invite all the Adherents of the English of what Nation soever to come from them over to the Confederates by the Last of November and 27 October they ordered a Seal to be made and 28 October they appointed a Committee to inquire how Money and Ammunition come from Foreign Parts hath been disposed of and that Mr. Baron bring in Writing the Propositions and Messages from Foreign Parts to him committed by the Pope's Nuncio and others and 29 October they appoint Auditors of the Account of Moneys received and what hath been made of Protestants Rents Goods or Chattels and that the Enemy be not called Protestants or English but the Puritanical or Malignant Party and 30 October they order That no Man be privileg'd from Contributing to the Maintenance of the Catholick Army On the First of November they appointed the Lords of Castlehaven and Gormanstown Doctor Fennell Colonel Dermond O Bryan Sir Lucas Dillon Sir Phelim O Neal Thomas Burk Richard Martin Feigh O Flin Richard Beling Adam Cusack James mac Donell Patrick Crelly Rory Macguire Patrick Darcy and all the Lawyers to prescribe a Form of Government And 2 November they order Philip Hore to Account for 120 l. received of the Gentry of the County of Dublin to buy Arms And 4 November That the Prelates enjoyn the Priests to administer the * * Append. 14. Oath of Association to every Parishioner and to take his Subscription thereunto And 11 November That the Supreme Council shall manage the Admiralty And 13 November That the next Assembly shall be on the Twentieth of May next unless the Supreme Council find cause to convoke it sooner and that Thirty thousand Pounds be levied on Leinster by
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
Instruction to explain them Lastly he told them He found no Instruction about continuing Military and Civil Officers They answered They had no Instructions about Civil Officers but they had power and did accordingly intend to employ as many of the Military Officers as should be found fit for the Service On the Seventeenth of November Ormond desir'd their Answer to his Propositions sent into England But the Commissioners answer'd They neither had them nor a Copy of them nor any Instructions about them and therefore they prest for his Excellencies Answer to their Proposals The Marquis repli'd That if they would declare that they had no larger Instructions than those that were shewed he would give a positive Answer But they on the Eighteenth of November desired to be excused from that Discovery Whereupon Ormond demanded Whether they had His Majesties Order for delivering up the Sword and Garisons They answered They had not Then says he Since you bring no Answer to my Propositions Nor Security to any Protestants as you shall Condition withal Nor can inform us what those Ordinances of Parliament are we must submit unto Nor any ways secure such Papists as always adhered to the Government Nor give any Assurance to the Officers Military and Civil for their Continuance Nor take any notice of the Protestant Clergy Nor bring His Majesty's Orders It is not consistent with my Duty to part with so great a Trust in such a manner without the King 's pâ—sitive Command The same day the Commissioners repli'd That all Protestants not having been in the Irish Rebellion should be included in this Treaty and have the full Benefit of the Instructions and that all Ordinances of Parliament shall be construed such as those who have not offended the Parliament do submit to And the Composition for Estates in Ireland shall be in the same manner as is used in England provided it be done within Six Months That they were willing to enlarge his 5000 l. to the Sum he demanded in his Proposition viz. 13877 l. 14 s. 9 d. That they had power of Granting Pensions not exceeding in toto 2000 l. per An. to continue till the persons can receive so much out of their own Estates which they will apply as he thinks fit On the Nineteenth of November Ormond answered That still the Loyal Roman-Catholicks were not secured nor the Civil or Military Officers provided for nor the Clergy considered That the Covenant is enjoyn'd by one of those Ordinances of Parliament That the procuring His Majesty's Directions was the first Article of his Propositions to the Parliament it is the first and fundamental Condition from which he cannot recede in regard of his Oath when he took the Sword and the rather because by surrendring the Government the Irish Parliament will be dissolved which is the greatest and best Security of the Protestants Hereupon the Commissioners desired a Conference and tho' there was but half an hour of the four days expired yet the Marquis consented to a Conference which was to this effect and was the next day by the Commissioners reduced to Writing That Ormond had waved his first Propositions to continue in the Government c. by the Second Overture to Surrender and had notice That the Parliament proceeded upon that second Overture That their Concessions are more ample in some points than his Demands and where they are less or doubtful they will represent it to their Employers in the best manner for his Lordships Satisfaction That as to Loyal Roman-Catholicks the Parliament did not take Cognizance of any such and 't is not probable that their number can be considerable and if they have committed no Crime they need not question their Security That they had power to protect all that would come under Contribution ergo Papists and they will also favourably recommend their Case to the Parliament That as to Civil Officers they have no Instructions about them if they are Offenders they canot expect Security in their politick Capacities but shall have it in Person and Estate As for Military Officers it must be an extraordinary Cause shall displace any of them but it would be of ill Consequence to stipulate their Continuance And that to Clergy and Officers the Pension of 2000 l. per An. should be distributed That there is no Ordinance of Parliament enjoyns taking the Covenant in Ireland nor have they any Orders to suppress the Common-Prayer and impose the Directory That if his Lordship were continued chief Governor he must submit to Ordinances of Parliament That his Lordship's Importunity for Speedy Supplies did not afford time to get the King's Orders That his Letter to the King that he would treat with the Parliament had no Clause desiring an Answer knowing That the necessity and prudence of the Action would oblige the King's Approbation That in his Lordship's Propositions to continue the Government he offered to put all under the Protection of the Parliament without mention of His Majesties Directions And that the King's Orders were not necessary because the Management of the War of Ireland was by Act of Parliament delegated to both Houses That Oxford surrendred without the King's Orders That the Protestant Religion and the Blood of many Thousands of Protestants which are in hazard by breaking this Treaty exceedingly over-ballance the Punctilio of having positive Orders in this Case And that his Lordship's Oath is better observed in concluding than dissolving this Treaty To all this the Lord-Lieutenant replied That the Protestants in general and particularly the Officers and Clergy were concern'd in his Proposals and if the Parliament had proceeded upon his own Propositions of continuing the Government the King's Consent or so much Security or Provision for his Loyal Subjects had not been necessary because it would in a great measure lie in his power to do Right to King and Subject But since they proceeded upon his Second Overture viz. of surrendring the Sword the first Article of that Paper was to obtain the King's Directions and the rest were for the Security of his Loyal Subjects in their Persons Estates and Employments none of which is effected As for the Loyal Papists whose number and Quality are considerable there is no satisfaction given For the Answer that the Parliament took no Cognizance of them is the reason of the Demand and to say That the Innocent need not fear affords but small Security And the Protection given those under Contribution is what is extended to submitting Rebels and is not sufficient for Loyal People that deserve more Countenance and the rather because the rest of their Religion in Ireland have been Faulty That as to Civil Officers There is no manner of Security as to their Employments and to Military Officers not sufficient and the rather because many of them have fought against the Parliament in England and done other disobliging Acts to them That the power of granting a Pension of 2000 l. per An. cannot be applied to Officers
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
furious in this matter and so inhumane that he kept one Henry Rice in close Prison six weeks in a Dungeon and kept him waking a very long time in hopes that Severity and Distraction might induce him to accuse the rest of his Acquaintance and when he found they were all acquitted even by a Jury whereof the Foreman was a Papist he was enrag'd and troubl'd to the last degree and died within a week afterwards But on the last of March 1685. the Duke of Ormond came to London leaving the Sword with the Lord Primate and the Earl of Granard who were nominally Lords Justices but the Power was in effect in the Earl of Tyrconnell who was Lieutenant-General of the Army and by his means the English Militia were not only deprived of their Arms and by Proclamation ordered to send them into the Stores but the English in the Army began also to be turned out under the pretence of being Oliverians or the Issue of such But 1678. not long after the Protestants were revived by the arrival of the Earl of Clarendon Lord Lieutenant and Sir Charles Porter Lord Chancellor for tho the Irish did every-where give out That they were both Papists yet they soon became sensible of their error and to their great trouble found that those Lords wanted no other Qualifications but that of Power to make the Protestant Religion and the English Interest flourish in Ireland In short they did all that wise and honest Men could do and were too great a Blessing for that unfortunate Countrey to enjoy long and therefore they were removed in February 1686. to make room for the Earl of Tyrconnell who was then sworn Lord Deputy For tho this Lord being Lieutenant-General did even in the Lord Clarendon's time so model the Army that most part of the English were disbanded yet he met with so many rubs in That and Other of his Designs that he despaired to accomplish his Project or to satisfie his Ambition unless he were Supreme in the Government Tyrconnel having thus gotten the Sword of State into his hands quickly turned the Edge of it upon the poor Protestants who were amaz'd to see him act so openly in such a Despotical and Arbitrary manner for some of his Agents not only disbanded most part of the remaining English but insulted on their Misery by doing it reproachfully and added to their affliction by turning them out far from their Friends and their Habitations and took away the Cloaths of some and the Horses and Arms of others without giving them any proportionable recompence And he also changed the Irish Soldiers so often that tho the Army did not consist of more than seven or eight thousand Men yet five times that number by these frequent Changes were taught the use of their Arms and by this means he had a considerable Militia ready upon all occasions Moreover he issued Quo Waranto's against all the Charters at once and altho that procedure did manifest to the World that it was not the Fault of any one or more Corporations that was endeavour'd to be punish'd or reform'd but that it was a fixed design to Subvert the Corporations and consequently to Model the Parliament and the Laws to the Interest and Humour of the Papists yet being Masters of standing Armies both in England and Ireland they thought themselves sure of their Game and that it would be the more Generous and Brave if they acted publickly and as it were in defiance And therefore they dissembled the Matter no longer but appointed two Popish Judges in every Court that they might be sure of a Majority upon all Occasions they also appointed Popish High-Sheriffs throughout the Kingdom and they put so many Papists into the Commission of Peace the Privy-Council and all Places of Authority that they were able to Rule all where-ever they came And as soon as the Charters were Condemn'd there were new Ones granted for the most part to such inconsiderable and beggarly Fellows as were unable to pay for them so that many were left with the Attorney General in Pawn for his Fees however in all these Charters they put in near one third English most of which were Quakers or other Dissenters but at the same time took care to limit the Power and especially that of chusing Parliament Men so that the English if unanimous should not be able to give them any Impediment But the English being the principal Traders and the most Wealthy Men in Ireland It must necessarily follow that the removal of their Plate and other Effects into England and the general Decay of Trade that ensued upon the Apprehensions they had of these Violent and Irregular Proceedings did diminish the Publick Revenue to a degree of rendring it unable to support the Necessary Expences of the Government this indeed was a sensible Stroak and would have changed all their Measures if any thing less had been in the Bottom than a fixt Resolution to subvert the Established Religion and to introduce Popery and to make Ireland a secure Retreat for those whose designs might perhaps miscarry in England However these rapid Motions of Tyrconnel made such a noise in England as occasion'd that Lord to be sent for over to meet the King at Chester the poor Protestants flattered themselves with hopes of some intervals of Moderation from this Interview but they soon found the fatal Effects of this Conference not only in the Continuation but in the encrease of their Grievances And thus the Irish having to their Advantage in Number gained also the whole Power Military and Civil into their Hands thought themselves in a Condition not only to secure Ireland but also to send over considerable Assistance to carry on THE CAUSE in England and accordingly Tyrconel did send thither about 3000 of his choicest Men. This was the single Action that conduced most to the Preservation of these Kingdoms all other things were but subservient thereunto or at most but concurrent with it for whilst other Grievances did but disoblige a certain Number or a Party the bringing in of the Irish alarm'd every Body and especially the Army so that his Present Majesty Landing not long after met with such easy and speedy Success as amazed the present and will be the Wonder of future Ages Moreover to compleat the aforesaid Number of 3000 Men Tyrconel did very improvidently withdraw the Garison of Londonderry without sending another in its stead as not suspecting the sudden Revolution which afterwards happened nor thinking that Derry would dare to refuse a Garison whenever he should think fit to send them one But it was not long before he saw his Error and having Recruited his Forces he sent a new-rais'd Regiment under the Earl of Antrim to possess themselves of the City of Derry This Regiment Quartering in and about Newton on the 6th of December Collonel George Philips sent one James Boyle to give notice thereof to Londonderry and to advise them to shut their
even this was sent to the Lord Lieutenant and His Majesties Directions were prayed therein and the like was done by a Paper of Grievances sent by the Lord Mountgarret to the Earl of Ormand at the same time and in August 1642. the Remonstrants sent to the Earl of Ormond a Petition directed to His Majesty which accordingly the Lords Justices transmitted to him That the Lords Justices did endeavour to stop the spreading of the Rebellion and to reduce the Rebels to Obedience by fair means Viz. by their Proclamations of 23 d. of October and 1 st of November promising Mercy to all that should desist from force by imploying a Committee of Parliament to treat with them but they scornfully rejected the Message and contemptuously tore the Committees Letter and the Order of Parliament and by imploying Doctor Cale and some of their own Clergy to treat with them whom they likewise abused and by authorizing the Lord Moor and afterwards Sir Richard Barnwall and Patrick Barnwall to perswade them to Submission and by giving Commissions to the Lord Gormanstown and other of the Remonstrants but whilst they found Success they were deaf to all Perswasions and now that they are baffled they forge Causes of Complaint so that His Majesty is not misinformed nor the Remonstrants unjustly traduced nor misrepresented to the King To the first Article they say that it is too general and generally untrue that Popery is a New Religion midwived into the World by the Council of Trent which ended 1563 and therefore could not be professed by the Remonstrants nor their Ancestors for 1300 Years that the Irish were at first Protestants as Bishop Vsher hath proved at large and in Henry the Eight's Reign were averse to the Papal Usurpations and consented to Laws to suppress them and generally came to Church until 13 Eliz. some of them flew off upon the Bull of Piut V. and 30 Eliz. upon the Arrival of some Spaniards shipwrackt on the Coast of Ireland the Apostasie became more common however the Recâ—sancy of coming to Church was not general until about the middle of King James his Reign But however that be this is certain that the Papists were so far from being persecuted that all Laws against them were suspended and they enjoyed a Connivance little differing from a Toleration so that even their Ecclesiastical Heirarchy publickly executed their Functions and the Clergy swarmed to that Degree that Paul Harris wrote to Pope Vrban 8ht That it was as difficult to number the Friers in Dublin as to reckon the Frogs in the second Plague of Egypt That notwithstanding the Statute of 2 Eliz. there have been ten chief Judges successively and all the inferior Judges of Irish Birth and Education that the first English Judge that came over after that Statute was Sir Robert Gardiner 29 Eliz. That several Irish Papists had commands in the Queen's Army and were Governors of Counties as the Earl of Thomond Clanrickard c. And even now at the Time of the Insurrection Papists were admitted to be High Sheriffs of Counties Justices of Peace Magistrates of Corporations Marshals upon Occasion Councellors at Law Doctors of Physick Clerks Attornies and Sollicitors c. so that none go abroad but for their Improvement as the Gentry of all Countries do or to Seminaries to become Clergymen And these Popish Natives have had their share of His Majesties Favour in dispensing of Honour several of them having been made Lords Baronets and Knights and such as were capable of it by Conformity and Education were preferred in the Church and even those that were unfit for it and were Papists were nevertheless upon an external and partial Conformity only continued in their Spiritual Dignities by Queen Elizabeth notwithstanding the Statute of 2 Eliz. Their Nobility had all the respect and priviledge which good manners and the Law gives to their Quality and by the industry and improvements of their English Tenants lived more Regularly Plentifully and Gentilely than any of their Ancestors ever did or could and that the Popish Youth were never denied admittance into any Free-School nor into the University nor any Question made about their Religion only when they come to be Graduates they must then conform to the Laws of the Land and the Statutes of the Colledge and the Answerers think that the Remonstrants have small reason to complain whilst they enjoy those Liberties and Favours which are denied to the Popish Natives of England who though less in number are much superior to the Remonstrants in Quality Loyalty and Riches But if the Laws of the Land do exclude Recusants from Offices of Trust and Honour they ought to have patience till his Majesty shall think fit to consent to a Repeal of them nay if their Oppressions were without Law their proper Remedy were by Supplication and Petition to the King and not by Murther Rebellion and Depredation To the Second they say it is an aspersion on the King for the ill choice of his Officers and is so undutiful that no Person of Honour will appear in it it was devised by the Popish Clergy and the Jesuited Lawyers who are the Firebrands of these horrible Flames which have almost consumed the Kingdom and it is notoriously false for the chief Government hath been placed either in Men of Nobility or great Estate or in Men of great Merit and in a high Station none of which ever built their Fortune on the Ruine of the Kings Subjects but some of them have been undone by the unjust clamour of the Irish who never endure long any English Governor that endeavours their legal obedience to the Crown So that of One and Twenty chief Governours successively Thirty Privy Councellors Twelve chief Judges and several inferior Judges sent out of England since the Statute of 2 Eliz. not one of them left any Estate there nor were enriched by that Service and even the Earl of Strafford paid great Sums of Mony for what he bought there whereas such of the Natives of that Kingdom as were Judges have left great and visible estates whereby it will appear who built most upon the Ruines of the Natives That the Natives became suspected and odious in England not by any scandals cast upon them but by their degeneracy and frequent Rebellions whereby Ireland whilst managed by them was always in disorder and so poor that it was a continual charge to England whereas since the management of it by English the dependancy of the People is placed in the Crown Legal Properties are secured the Irish pernicious Customs abolished Civility introduced the Kingdom improved so that it was better able to give Ten Subsidies now than one in former times Trade and Commerce increased the Revenue advanced from 8000 to 85000 l. per Annum the Laws duly administred Religion propagated the Army maintained without oppressing the Subject and a Navy kept to guard the Coasts the People are grown Rich and Numerous the breed of Cattle bettered and
side was urged a contrary proceeding to the utter cutting off all the English Protestants where to the Instances of the dismissed Moors it was answered that that was sole act of the King and Queen of Spain contrary to the Advice of their Council which howsoever it might gain that Prince a name of Mercy yet therein the event shewed him to be most unmerciful not only to his own but to all Christendom besides That this was evident in the great and excessive charge that Spain hath been since that time put unto by these Moors and their Posterity to this day All Christendom also hath and doth still groan under the miseries it doth suffer by the Piracies of Argiers Sally and the like Dens of Thieves That all this might have been prevented in one hour by a general Massacre applying that it was no less dangerous to expel the English That these Robbed and Banished men might again return with Swords in their hands who by their hard usage in spoiling might be exasperated and by the hope of recovering their former Estates would be incensed far more than strangers that were sent against them being neither in their Persons injured nor grieved in their Estates that therefore a general Massacre was the safest and readiest way for freeing the Kingdom of any such fears 3. In which diversity of Opinions howsoever the first prevailed with some for which the Franciscans saith this Fryer one of their Guardians did stand yet others inclined to the Second some again leaned to a Middle way neither to dismiss nor kill And according to this do we find the event and course of their proceedings In some places they are generally put to the Sword or to other Miserable ends some restrain their Persons in durance knowing it to be in their hands to dispatch them at their pleasures in the mena time they being reserved eitheir for profit by their Ransom or for exchange of Prisoners or gaining their own Pardons by the lives of their Prisoners if Time would serve or by their death if the worst did happen to satisfie their fury The Third sort at the first altogether dismissed their Prisoners but first having spoiled them of their Goods and after of their Raiment exposed the miserable wretches to Cold and Famine whereby many have perished by deaths worse than Sword or Halter Hitherto of their Councils and the effects of them Now for their intentions all being reduced which God forbid into their Power and thereof they do as by some Law give such peremptory conclusions that it may well be wondred the thoughts of men professing themselves wise should be so vain and herein I do still follow mine Informer First Their Loyalty to his Majesty shall be still reserved Thus say they of the modest sort but both his Revenues and Government must be reduced to certain bounds His Rents none other than the antient Reservations before the Plantation and the Customs so ordered as to them shall be thought fitting Secondly For the Government such as would be esteemed Loyal would have it committed to the hands of two Lords Justices one of the antient Irish race the other of the antient British Inhabitants in the Kingdom Provided that they be of the Romish profession Thirdly That a Parliament be forthwith called consisting of whom they shall think fit to be admitted wherein their own Religious men shall be assistants Fourthly Poinings Act must be Repealed ☜ and Ireland declared to be a Kingdom Independent on England and without any reference unto it in any case whatsoever Fifthly All Acts prejudical to the Romish Reiligion shall be abolished and it to be Enacted That there be none other Profession in the Kingdom but the Romish Sixthly That only the antient Nobility of the Kingdom shall stand and of them Such as shall refuse to conform to the Romish Religion to be removed and others put in their room howsoever the present Earl of Kildare must be put out and another put in his place Seventhly All Plantation Lands to be recalled and the anuient Proprietors to be Reinvested in their formere Estates with the limitations in their Covenant expressed That they had not formerly Sold their Interests on valuable considerations Eightly That the respective Counties of the Kingdom be Subdivided and certain Bounds or Baronies assigned to the chief Septs and others of the Nobility who are to be answerable for the Government thereof and that a standing Army may be still in being the respective Governors being to keep a certain Number of men to be ready at all Risings out as they term it They also being to build and maintain certain Fortresses in places most convenient within their Precincts and that these Governors be of absolute Power only responsible to the Parliament Lastly For maintaining a correspondence with other Nations and for securing the Coasts That also they may be rendred considerable unto others a Navy of a certain number of Ships is to be maintained That to this end five Houses are to be appointed one in each Province accounting Meath for one of them That to these Houses shall be allotted an Annual Pension of certain Thousands of Pounds to be made up of part of the Lands appropriate to Abbies and a further contribution to be raised in the respective Provinces to that end That these Houses are to be assigned to a certain Order of Knights answerable to that of Malta who are to be Seamen And to maintain this Fleet that all prizes are to be appointed some part for a Common Bank the rest to be divided to which purpose the felling of Woods serviceable for this use is to be forbidden The House for this purpose to be Assigned to the Provice of Leinster is Kilmainham or rather Howth the Lord of Howth to be otherwise accommodated provided that he joyn with them that place being esteemed most convenient in respect of Situation For effecting of all which they cast up the Accounts of the whole Forces of this Kingdom ☜ that it is able to make up readily Two hundred thousand able men wanting only Commanders and some expert Soldiers for the present with Arms and Ammunition of all which they expect a speedy supply out of Flanders their own Regiments there Exercised being to be sent over and some Ships from Spain allotted for Service That this Kingdom being setled There are Thirty thousand men to be sent into England to joyn with the French and Spanish Forces and the Service in England performed jointly to fall upon Scotland for reducing both Kingdoms to the obedience of the Pope which being finished they have engaged themselves to the King of Spain for assisting him against the Hollanders And for drawing their followers to some Head and for giving the fairer Gloss to their foul Rebellion it is to be admired what strange and unlikely rumours of their own devising they cast abroad sometimes that many Sail of Spaniards are Landed now at one Port then at another that Drogheda
our Reign 1641. Appendix XIV The Oath of Association taken by the Irish Rebels The Preamble WHereas the Roman Catholicks of this Kingdom have been inforced to take Arms for the necessary Defence and Preservation as well of their Religion plotted and by many foul Practices endeavoured to be quite supprest by the Puritan Faction as likewise their Lives Esttates and Liberties as also for the Defence and Safeguard of His Majesties regal Power just Prerogatives Honour State and Rights invaded upon and for that it is requisite that there should be an unanimous Consent and real Union between ALL the Catholicks of this Realm to maintain the Premises and strengthen them against their Adversaries It is thought fit by them that they and whosoever shall adhere unto their Party as a Confederate should for the better Assurance of their adhering Fidelity and Constancy to the Publick Cause take the ensuing Oath The Oath of Association J. A. B. do profess swear and protest before God and his Saints and his Angels that I will during my Life bear true Faith and Allegiance to my Sovereign Lord Charles by the Grace of God King of Great Britain France and Ireland and to his Heirs and lawful Successors and that I will to my Power during my Life defend uphold maintain all his and their just Prerogatives Estates and Rights the Power and Priviledges of the Parliament of this Realm the fundamental Laws of Ireland the free Exercise of the Roman Catholick Faith and Religion throughout this Land and the Lives just Liberties Possessions Estates and Rights of all those that have taken or shall take this Oath and perform the Contents thereof and that I will obey and ratifie all the Orders and Decrees made and to be made by the Supream Council of the Confederate Catholicks of this Kingdom concerning the said publick Cause and that I will not seek directly or indirectly any Pardon or Protection for any Act done or to be done touching this general Cause without the Consent of the Major part of the said Council and that I will not directly or indirectly do any Act or Acts that shall prejudice the said Cause but will to the hazard of my Life and Estate assist prosecute and maintain the same Moreover I do further swear that I will not accept of or submit unto any Peace made or to be made with the said confederate Catholicks without the Consent and Approbation of the General Assembly of the said confederate Catholicks And for the preservation and strengthening of the Association and Union of the Kingdom that upon any Peace or Accommodation to be made or concluded with the said confederate Catholicks as aforesaid I will to the utmost of my Power insist upon und maintain the ensuing Propositions until a Peace as aforesaid be made and the matters to be agreed upon in the Articles of Peace be established and secured by Parliament So help me God The Propositions mentioned in the aforesaid Oath 1. THAT the Roman Catholicks both Clergy and Laity to their several Capacities have free and publick Exercise of the Roman Catholick Religion and Function throughout the Kingdom in as full Lustre and Splendor as it was in the Reign of King Henry the Seventh or any other Catholick Kings his Predecessors Kings of England and Lords of Ireland either in Ireland or England 2. That the secular Clergy of Ireland viz. Primates Arch-Bishops Bishops Ordinaries Deans Deans and Chapters Arch-Deacons Prebendaries and other Dignitaries Parsons Vicars and all other Pastors of the Secular Clergy and their respective Successors shall have and enjoy all and all Manner of Jurisdictions Priviledges Immunities in as full and ample Manner as the Roman Catholicks Secular Clergy had or enjoyed the same within this Realm at any Time during the Reign of the Late Henry the Seventh Sometimes King of England and Lord of Ireland Any Law Declaration of Law Statute Power and Authority whatsoever to the contrary notwithstanding 3. That all Laws and Statutes made since the Twentieth Year of King Henry the Eighth whereby any Restraint Penalty Mulct Incapacity or Restriction whatsoever is or may be laid upon any of the Roman Catholicks either of the Clergy or of the Laity for such the said free Exercise of the Roman Catholick Religion within this Kingdom and of their several Functions Jurisdictions and Priviledges may be repealed revoked and declared void by one or more Acts of Parliament to be passed therein 4. That all Primates Archbishops Bishops Ordinaries Deans Deans and Chapters Archdeacons Chancellors Treasurers Chaunters Provosts Wardens of Collegiate Churches Prebendaries and other Dignitaries Parsons Vicars and other Pastors of the Roman Catholick Secular Clergy and their respective Successors shall have hold and enjoy all the Churches and Church-Livings in as large and ample Manner as the late Protestant Clergy respectively enjoyed the same on the First Day of October in the Year of our Lord 1641 Together with all the Profits Emoluments Perquisites Liberties and the Rights to their respective Sees and Churches belonging as well in all places now in the Possession of the Confederate Catholicks as also in all other places that shall be recovered by the said Confederate Cathollcks from the adverse party within this Kingdom saving to the Roman Catholick Laity their Rights according to the Laws of the Land Appendix XV. The Pope's Bull to the Irish HAving taken into our serious consideration the great Zeal of the Irish towards the propagating of the Catholick Faith and the Piety of the Catholick Warriers in the several Armies of that Kingdom which was for that singular fervency in the true worship of God and notable care had formerly in the like case by the Inhabitants thereof for the maintenance and preservation of the same Orthodox Faith called of old the Land of Saints and having got certain notice how in imitation of their Godly and Worthy Ancestors they endeavour by force of Arms to deliver their thralled Nation from the Oppressions and Grievous Injuries of the Hereticks wherewith this long time it hath been afflicted and heavily burthened and gallantly do what in them lieth to extirpate and totally root out those workers of Iniquity who in the Kingdom of Ireland had infected and always striven to infect the Mass of Catholick Purity with the pestiferous Leaven of their Heretical contagion We therefore being willing to cherish them with the gift of those Spiritual graces whereof by God we are ordained the only disposers on Earth by the mercy of the same Almighty God trusting in the Authority of the Blessed Apostles Peter and Paul and by vertue of that power of binding and loosing of Souls which God was pleased without our deserving to confer upon us To all and every one of the faithful Christians in the aforesaid Kingdom of Ireland now and for the time Militating against the Hereticks and other Enemies of the Catholick Faith they being truly and sincerely penitent after Confession and the Spiritual refreshing of themselves with
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
without due process and Judgment of Law they have since then been put or kept out and may be answered of and for all the mean profits of the same in the interim and for all the time until they shall be so restored 19. That your Majesties said Protestant Subjects may also be restored to all their Monies Plate Jewels Houshold-stuff Goods and Chattels whatsoever which without due Process or Judgment of Law have been by the said Confederates taken or detained from them since the contriving of the said Rebellion which may be gained in kind or the full value thereof if the same may not be had in kind and the like restitution to be made for all such things which during the said time hath been delivered to any Person or Persons of the said Confederates in trust to be kept or preserv'd but are by colour thereof still withholden 20. That the establishment and maintenance of a compleat Protestant Army and sufficient Protestant Soldiers and Forces for the time to come be speedily taken into your Majesties Prudent Just and Gracious Consideration and such a course laid down and continued according to the Rules of good Government that your Majesties Right and Laws the Protestant Religion and Peace of that Kingdom be no more endangered by the like Rebellions in time to come 21. That whereas it appeareth in Print that the said Confederates amongst other things aim at the Repeal of Poyning's Law thereby to open an easy and ready way in the passing of Acts of Parliament in Ireland without having them first well considered of in England which may produce many dangerous consequences both to that Kingdom and to your Majesties other Dominions your Majesty would be pleased to resent and reject all propositions tending to introduce so great a diminution of your Royal and necessary Power for the confirmation of your Royal Estate and protection of your good Protestant Subjects both there and elsewhere 22. That your Majesty out of your grace and favour to your Protestant Subjects of Ireland would be pleased to consider effectually of answering them that you will not give order for or allow of the transmitting into Ireland any Act of general Oblivion Release or Discharge of Actions or Suits whereby your Majesties said Protestant Subjects there may be barred or deprived of their legal Remedies which by your Majesties Laws and Statutes of that Kingdom they may have against the said Confederates or any of them or any of their Party for and in respect of any wrongs done unto them or any of their Ancestors or Predecessors in or concerning their Lives Liberties Persons Lands Goods or Estates since the contriving and breaking forth of the said Rebellion 23. That some fit course may be considered of to prevent the filling or overlaying of the Commons House of Parliament in Irelaâ—d with Popish Recusants being ill affected Members and that provision be duly made that none shall vote or sit therein but such as shall first take the Oaths of Allegiance and Supremacy 24. That the proofs and manifestations of the truth of the several matters contained in the Petition of your Majesties Protestant Subjects of Ireland lately presented to your Majesty may be duly examined discussed and in that respect the final conclusion of things respited for a convenient time their Agents being ready to attend with proofs in that behalf as your Majesty shall appoint In Answer whereunto it was replyed by the Committee of Lords and others of Irish affairs at Oxford 1. THat their Lordships did not think that the Propositions presented by the Protestant Agents to his Majesty and that Morning read before their Lordships were the sense of the Protestants of Ireland 2. That those propositions were not agreeable to the Instructions given the said Agents by the Protestants of Ireland 3. That if â—hose Propositions were not withdrawn they would lay a prejudice on his Majesty and his Ministers to posterity these remaining on Record if a Treaty should go on and Peace follow which the Kings necessity did enforce and that the Lords of the Committee apprehended the said Agents did flatly oppose a Peace with the Irish 4. That it would be impossible for the King to grant the Protestants Agents desires and grant a Peace to the Irish 5. That the Lords of the Committee desired the Protestant Agents to propose a way to effect their desires either by Force or Treaty considering the condition of his Majesties affairs in England To the First Note the Paâ—â—liament of Iâ—eland was interogated on the point and did declare their concurrence with what their Agents had done the Protestant Agents replyed That they humbly conceived that the Propositions which they had presented to his Majesty were the sense of the Protestants of Ireland To the Second That the Propositions are agreeable to the instructions given to the said Agents by the Protestants of Ireland and conduced to the well settlement of that Kingdom To the Third that they had no thought to draw prejudice on his Majesty or their Lordships by putting in those Propositions neither had they so soon put in Propositions had not his Majesty by his Answer to the Protestant Petition directed the same To the Fourth The said Agents humbly conceived that they were imployed to make proof of the effect of the Protestant Petition to manifest the Inhumane Cruelties of the Rebels and then to offer such things as they they thought fit for the security of the Protestants in their Religion Lives Liberties and Fortunes that the said Protestants had not disaffection to Peace so as Punishment might be inflicted according to Law as in the Propositions are expressed and that the said Protestants might be repaired for their great Losses out of the Estates of the Rebels not formerly by any Acts of this present Parliament in England otherwise disposed of which the said Agents desired might be represented to his Majesty and the Lords of the Committee accordingly To the Fifth that the said Protestant Agents were Strangers to His Majesties affairs in England and conceived that part more proper for the Advice of his Councils than the said Agents and therefore desired to be excused for medling in the Treaty further than the manifesting of the Truth of the Protestant Petition and purposing in the behalf of the Protestants according to the Instructions given them which the said Agents were ready to perform whensoever they should be admitted thereunto Touching which and other particulars there were many motions but the proofs they would have insisted upon by the importunity of other affairs never came to their due discussion Appendix XXII Instructions for the Agents who are to attend His Most Sacred Majesty on the behalf of His Majesties Protestant Subjects of Ireland 1. FIrst most humbly to represent unto His Most Sacred Majesty the Remonstrance or Petition of his truly obedient and loyal Subjects the Protestants of this his Kingdom of Ireland intituled To the King 's Most Excâ—llent Majesty
The humble Petition of divers of your Majesties Protestant Subjects in your Kingdom of Ireland as well Commanders of your Majesties Army here as others whose Names are subscribed in the behalf of themselves and others your Protestant Subjects in this your Kingdom and to manifest by all good ways and means the Truths thereof in every particular and to solicite the obtaining the humble Desires therein requested and to refel and disprove the Untruths of the scandalous Aspersions laid by the confederate Roman Catholicks c. of Ireland upon the most gracious Governments of our most Royal late Sovereign Queen Elizaheth and King James of ever Blessed Memory and also of our most gracious and dread Sovereign King Charles and also the extream Falshoods by the said confederate Roman Catholicks published and imposed upon by His Majesties said Protestant Subjects of this Realm 2. And also to offer unto His Majesties Royal and most tender Consideration the barbarous Usage Inhumanity cruel Tortures and bloody Murthers committed and done upon His Majesties Protstant Subjects ☞ in the several parts of the Kingdom without Provocation and that commonly after Quarter given Passes Promises and Oaths for security or safe Convoy especially in that glorious Plantation of King James of ever Blessed Memory in the Province of Vlster which terrible Effusion of innocent Blood crieth to Almighty God and His Sacred Majesty for Justice 3. In like manner to present unto His Sacred Majesty the true and entire Faith and Allegiance of His Majesties Protestant Subjects of this Kingdom unto his Royal Person Crown and Dignity their cheerful and constant Acknowledgment of his Supremacy in all Causes and over all Persons their Universal Obedience to all his Laws and gracious Government and their continual Desires and Endeavours even to the uttermost hazard of their Lives and Fortunes for the preservation of all his Rights and just Prerogatives and to present to His Majesty in what Estate and Condition the Kingdom was in at the Time of the breaking out of this horrid Rebellion 4. And most humbly to desire the Preservation and Establishment of the true Protestant Religion in this Realm and the Suppression of Popery according to the Laws and Statutes to that End established 5. Most humbly to desire His Sacred Majesty that the great Losses of his Protestant Subjects now utterly ruined by the Rebellion of the said confederate Roman Catholicks c. may be repaired in such manner and measure as his Highness in his Princely Wisdom shall think fit whereby His Majesties said Protestant Subjects may be enabled to subsist and reinhabit in the said Kingdom 6. Most humbly to present to His Sacred Majesty all other things that may conduce to the Glory of God to the Advancement of the true Protestant Religion according to the Laws the Honour and Profit of His Majesty the just Prerogatives of his Crown the Preservation of the Laws and just Liberties of the Subject the securing of this Kingdom to His Majesty and His Royal Posterity and future Safety to His Majesties Protestant Subjects in their Religion Lives and Fortunes that they may no longer nor hereafter be liable to such and the like Evils and Destructions on them committed as they have now suffered from those who fell upon them spilt their Blood and destroyed their Estates unprovoked and even when they lived together in full Peace 7. And for avoiding mistakes that you present or propound nothing to His Majesty but what shall be first well debated amongst your selves and maturely considered of and agreed upon in writing by the major part of you and subscribed with your hands 8. That from time to time you give an Accompt of your proceedings unto those who are here appointed to negotiate this Affair Which said Instructions being read the Protestant Petitioners were required to withdraw who after debate had on the Instructions at the Council-board were called in again and exceptions were taken to the first second third fourth and sixth Articles of the Instructions and they were told by the Lords of the Council That they could nor would not recommend them as the Instructions were now drawn and while the third Article of the Instructions remained in respect that they knew that there were many Protestants in the Province of Vlster in Ireland that were not obedient to His Majesties Laws and the Lord Chancellor moved that these words in the second Article aforementioned might be omitted out of the Instructions viz. commonly committed after Quarter given Passes Promises and Oaths for security of safe Convoy especially in that glorious Plantation of King James of ever Blessed Memory in the Province of Ulster which effusion of innocent Blood crieth to Almighty God and His Sacred Majesty for Justice And the Lord Lieutenant and Council further gave the Protestant Petitioners the particulars in writing which they would have added and omitted in the said Instructions otherwise they would not recommend the Protestant Agents nor the Cause to His Majesty And thereupon the Protestant Petitioners consented to the Alteration of their Instructions as hereafter followeth In the second Article of the first Instruction Quarter given is left out In the former part of the third Article these words are left out Viz. In like manner to present unto His Sacred Majesty the true and entire Faith and Allegiance of His Majesties Protestant Subjects of this Kingdom unto His Royal Person Crown and Dignity their cheerful and constant Acknowledgment of his Supremacy in all Causes and over all Persons their Vniversal Obedience to all his Laws and gracious Government and their continued Desires and Endeavours even to the uttermost hazard of their Lives and Fortunes for the Preservation of all his Rights and just Prerogatives In the fourth is added in Doctrine and Discipline In the sixth is added and Statutes in this Kingdom established and now of force Appendix XXIII The Propositions of the Confederate Irish Agents at Oxford and the Answer of the Protestant Irish Agents thereunto 1. Prop. 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 Catholicks within the Kingdom of Ireland may be repealed and the said Catholicks to be allowed the Freedom of the Roman Catholick Religion Answ To the first we say that this hath been the pretence of almost all those who have entred into Rebellion in the Kingdom of Ireland at any time since the Reformation of Religion there which was setled by Acts of Parliament above eighty Years since and hath wrought good effects ever since for the Peace and Welfare both of the Church and Kingdom there and of the Church and Kingdom of England and Protestant party throughout all Christendom and so hath been found wholsome and necessary by long experience and the repealing of rhose Laws will set up Popery again both in Jurisdiction Profession and Practice as that was before the said Reformation and introduce among other
or any of them be taken off the File annulled and declared void First by your Majesties Proclamation and after by Act to be passed in the said free Parliament Answ This we conceive to be a very bold Proposition not warranted as we also conceive by any Example and tending to introduce an ill President in After-times for that was never seen that the Records were taken off the File but where there was some Corruption or Fraud or some illegal or unjust Carriage used concerning the procuring or making up of such Records and the same first we 'll proved upon due Examination and that may not only conceal but in some sort seem to justify their abominable Treasons Murders Cruelties Massacres and Plunders acted against your Majesties Person Crown and Dignity upon the Persons of your Majesties most Loyal Protestant Subjects in that Kingdom and encourage the Papists to do the like again besides the discouragement it may beget in your Majesties Officers and Subjects to do their duties in the like Insurrections which may happen hereafter which also may prove very prejudicial to your Majesties Rights and Revenues if the Records to support the forfeitures wherein many of them are or may be grounded should be taken off the File and Cancelled 5. Prop. That inasmuch as under colour of such Outlawries and Attainders Debts due unto the said Catholicks have been Granted Levyed and disposed of and of the other side that Debts due upon the said Catholicks to those of the adverse Party have been levyed and disposed of to publick use that therefore all Debts be by Act of Parliament mutually released or all to stand in Statu quo notwithstanding any Grant or Dispossession Answ We humbly conceive that in time of Peace and most setled Government when the course of Law and Justice is most open and best observed that Debts due unto the Crown actually levyed and paid in to your Majesties use ought not to be restored though the Records of the Forfeitures should be legally reversed which is far from the present Case and this Proposition tendeth to cross that just right of your Majesty and to make the disposition by the Confederate Papist Rebels of Debts due to Protestants and by the said Rebels by Fraud and Force levied and disposed in maintenance of their Rebellion which cunningly they call by the name of Publick use to be in equal degree to the debts owing by the Rebels and by them all forfeited and many of them by Law duly levyed which is a most unequal and unjust thing and the said Proposition cannot nor doth make offer to have the Pope's Confederates cut off from the debts due to them which they have justly forfeited but only for a colour of consideration to have the Protestants lose such Debts justly due to them as have been unjustly taken from them who have done no Act at all to forfeit them 6. Prop. That the late Officers taken or found upon feigned or old Titles since the Year 1634 to intitle your Majesty to several Counties in Connaught Thomond the County of Tipperary Limrick Killkenny and Wicklow be vacated and taken off the File and the Possessors thereof setled and secure in their antient Estates by Act of Parliament and that the like Act of Limitation of your Majesties Titles for the security of the Estates of your Subjects in that Kingdom be passed in that Parliament as was enacted in the One and Twentieth Year of his late Majesties Reign in this Kingdom Answ We know not of any Offices found or feigned Titles nor what the Confederates may demand in respect of any Graces promised by your Majesty which we intend not nor have any occasion to dispute but do humbly conceive that all those who have committed Treason in the late Rebellion subsequent to your Majesties Promise of those Graces have thereby forfeited the benefit thereof together with the Lands to which the said Graces might else have related and so their whole Estates are now justly fallen to your Majesty by their Rebellion which we conceive is of great importance for your Majesties Service to be taken into consideration As First with regard of the Statutes made in the present Parliament of England Secondly that necessary increase of your Majesties Revenue decayed by the present Rebellion Thirdly the abolishing the evil Customs of the Irish and preservation of Religion Laws and Government there Fourthly the satisfaction of the Protestant Subjects losses in some measure Pifthly the Arrears of your Majesties Army and other debts contracted for the War and for preservation of that Kingdom to your Majesty Sixthly the bringing in of more British on the Plantation Seventhly the building of some walled Towns in remote and desolate places for the Security of that Kingdom and your Majesties good Subjects there Eighthly the taking of the Natives from their former dependency on their Chieftains who usurped an absolute Power over them to the diminution of all Regal power and to the oppression of the Inferiors 7. Prop. That all Marks of Incapacity imposed upon the Natives of that Kingdom to purchase or acquire Lands Leases Offices or Hereditaments be taken away by Act of Parliament and the same to extend to the securing of Purchases Leases or Grants already made and that for the Education of Youth an Act be passed in the next Parliament for the erecting of one or more Inns of Court Vniversities Free and Common-Schools Answ This we conceive concerneth some of the late Plantations and no other part of that Kingdom and that the restriction herein mentioned is found to be of great use especially for the indifferency of Trials Strength of the Government and for Trade and Traffick and we humbly conceive that if other Plantations shall not proceed for the setling and securing of the Kingdom and that if no restraint be made of Popish purchasing or buylng of the Protestants out of their former Plantations where they were prudently setled though now cast out of their Estates by the late Rebellion and unable to plant the same again for want of means and therefore probably upon easie Terms will part from their Estates to the Confederates that those Plantations will be destroyed to the great prejudice of your Majesties Service and endangering of the Safety of that Kingdom Touching bearing of Offices we humbly conceive that their now Conformity to the Laws and Statutes of that Realm is the only Mark of Incapacity imposed upon them We humbly conceive that we ought not to expect to be more capable there than the Englssh Natives are here in England In like manner for Schools in Ireland there are divers setled in that Kingdom already by the Laws and Statutes of that Realm if any Person well affected shall erect and endow any more Schools there at their own Charges so that the School-masters and Scholars may be governed according to Laws Customs and Orders of England and the rest of Free-Schools here we cannot apprehend any just exception thereunto But
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
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
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
conventionem dicti Reverendissimus D. Nicolaus D. Hugo Procuratores nostri aut quilibet illorum aget concludet aut determinabit virtute hujus nostrae Commissionis Dat. Galuiae quinto Octobris anno Domini 1650. Franciscus Aladensis Episcopus Procurator D. Joannis Archiepiscopi Tuamensis Fr. Thomas Archiep. Dublimensis Hiberniae Primas Joan. Rapotensis Episcopus Procurator Primatis Ardmachani Walterus Clonfertensis Episcopus Procurator Lacghiniensis Episcopi Fr. Antonius Episcopus Clanmacnosensis Fr. Arthurus Dunen Coneren The Commission to the Bishop of Fernes and Sir James Preston In Dei Nomine Amen MEmorandum quod anno Domini 1651. die vero mensis Aprilis septimo nos infra scripti tam nostro quam omnium fere Procerum Nobilium ac Popularium Catholicorum Regni Hiberniae Nominâ— nominibus quorum sensuum in hac parte consensuum certam exploratam notitiam habemus nominavimus constituimus elegimus deputamus omnibus quibus possumus modo via jure ac ratione Procuratores Agentes negotiorum nostrorum Gestores generales speciales ita ut specialitas generalitati non deroget aut è contra conjunctim etiam divisim si ita opus fuerit in casu mortis aut alterius inevitabilis necessitatis Reverendissimum in Christo Patrem ac Dominum D. Episcopum Fernensem clarissimum ac nâ—bilissimum D. D. Jacobum Prestonium Equitem Auratum ut supra ad agendum tractandum consulendum ac firmiter concludendum cum serenissimo Principe Carolo Duce Lotharingiae quem in Regium Protectorem Regni Hiberniae eligimus nostro omniumque praefarorum nominibus ad agendum cum praefata sua Celsitudine tam in super negotio principâ—li Protectionis memoratae quam in de aliis articulis propositionibus postulatis nostris conventis non conventis tale negotium quomodo concernentibus cum omnibus annexis connexis emergentibus dependentibus aliqua ratione concernentibus generaliter omnia alia in praemissis agendi faciendi ac si nos ipsi praesentes essemus Et quicquid in praedictis fecerint concluserint tractaverint consenserint convenerint cum praefato serenissimo Duce Lotharingiae seu cum ejus haeredibus aut assignatis suis seu cum ejus eorumque agentibus legatis procuratoribus seu aliis quibuscunque mandatum potestatem ad id specialem habentibus uno vel pluribus nos ratum gratum aeceptum habituros promittimus per presentes Et ad id nos ipsos Successores Haeredes nostros aliosque quos possumus in perpetuum obligamus Datum sub signis sigillis nostris anno dieque quibus supra in Praesentia testium infra scriptorum Galviae in Provincia Conaciae Regno Hiberniae praesentis mansionis nostrae seu refugii loco Fr. Thomas Archiepiscopus Dubliniensis Hiberniae Primas Robertus Corcagien Cloanen Episcopus Fr. Antonius Clunamacnosensis Episc Procurator Primatis Hiberniae Walterus Cluanfertensis Procurator Laghlinensis Franciscus Aladensis Episcopus Et nos major seu praetor Galuiensis confirmamus nostris Suffragriis ratificamus praedictum procuratorium et personas in eo nominatas nostros etiam procuratores ut supra constituimus die anno quibus supra cum infra scriptis de concilio nostro Append. XLVIII The Declaration and Excommunication of the Popish Clergy at Jamestown A DECLARATION of the Archbishops and other Prelates and Dignitaries of the Secular and Regular Clergy of the Kingdom of Ireland against the Continuance of his Majesty's Authority in the Person of the Marquess of Ormond Lord Lieutenant of Ireland for the Misgovernment of the Subject the ill Conduct of his Majesty's Army and the Violation of the Articles of Peace Dated at Jamestown in the Convent of the Friars Minors August 12. 1650. THE Catholick People of Ireland in the Year 1641 forced to take up Arms for the Defence of Holy Religion their Lives and Liberties the Parliament of England having taken a Resolution to extinguish the Catholick Faith and pluck up the Nation root and branch a powerful Army being prepared and designed to execute their black rage and cruel Intention made a Peace and published the same the 17th of January 1648 with James Lord Marquess of Ormond Commissioner to that effect from his Majesty or from his Royal Queen and Son Prince of Wales now Charles II hereby manifesting their Loyal Thoughts to Royal Authority This Peace or Pacification being consented to by the Confederate Catholicks when his Majesty was in Restraint and neither He nor his Queen or Prince of Wales in condition to send any Supply or Relief to them when also the said Confederate Catholicks could have agreed with the Parliament of England upon as good or better Conditions for Religion and the Lives Liberties and Estates of the People than were obtained by the above Pacification and thereby freed themselves from the Danger of any Invasion or War to be made upon them by the Power or England where notwithstanding the Pacification with His Majesty they were to dispute and fight with their and his Enemies in the three Kingdoms Let the World judg if this be not an undeniable Argument of Loyalty This Peace being so concluded the Catholick Confederates ran sincerely and cheerfully under his Majesty's Authority in the Person of the said Marquess of Ormond Lord Lieutenant of Ireland plentifully providing vast Sums of Moneys well nigh half a Million of English Pounds besides several Magazines of Corn with a fair Train of Artillery great Quantity of Powder Match Amunition with other Materials for War After his Excellency the said Lord Lieutenant frustrating the Expectation the Nation had of his Fidelity Gallantry and Ability became the Author of almost losing the whole Kingdom to God King and Natives which he began by violating the Peace in many Parts thereof as may be clearly evidenced and made good to the World I. The foresaid Catholicks having furnished his Excellency with the aforesaid Sum of Mony which was sufficient to make up the Army of 15000 Foot and 2500 Horse agreed upon by the Peace for the preservation of the Catholick Religion our Sovereign's Interest and the Nation his Excellency gave Patents of Colonels and other Commanders over and above the Party under the Lord Baron of Inchiquin to Protestants and upon them consumed the Substance of the Kingdom who most of them afterwards betrayed or deserted us II. That the Holds and Ports of Munster as Cork Youghall Kingsale c. were put in the Hands of faithless Men of the Lord of Inchiquin's Party that betrayed the Places to the Enemy to the utter endangering of the King's Interest in the whole Kingdom This good Service they did his Majesty after soaking up the Sweat and Substance of his Catholick Subjects of Munster where it is remarkaable that upon making the Peace his Excellency would no way allow his Loyal Catholick Subjects of Cork Youghall Kingsale and other Garisons
Lord of Antrim might pass freely earnestly desiring him to undertake the Work but he the Lord of Antrim refused saying He would not go if Ormond would not go also yet was the Lord of Antrim by the pressing Solicitation of Colonel Barry aforesaid perswaded to send some one from himself to the King for intimating what was resolved for his Service and signifying the already disbanding those 8000 Men raised in Ireland by the Earl of Strafford This Dispatch was sent by Captain Digby Constable of the Castle of Dunluce in the North of Ireland belonging to the Lord of Antrim with those Dispatches the said Digby did overtake the King at York he being then on his way to Scotland and from York was Digby returned back to him the Lord of Antrim by the King signifying his Pleasure That all possible Endeavours should be used for getting again together those 8000 Men so disbanded and that an Army should immediately be raised in Ireland that should declare for him against the Parliament of England and to do what was therein necessary and convenient for his Service Upon receiving this the King's Pleasure by Captain Digby he the Lord of Antrim imparted the Design to the Lord of Gormonstown and to the Lord of Slane and after to many others in Lienster and after going into Vlster he communicated the same to many there but the Fools such was his Lordship's Expression to us well liking the Business would not expect our time or manner for ordering the Work but fell upon it without us and sooner and otherwise than we should have done taking to themselves and in their own way the managing of the Work and so spoiled it It being by us demanded of his Lordship how he intended it should be managed He answered That the Castle of Dublin being then to be surprized if the Lords Justices should oppose the Design the Parliament then sitting should declare for the King against the Parliament of England and that the whole Kingdom should be raised for the King's Service and that if the Lords Justices would not join in the Work they should be secured and all others who would or might oppose them should be also secured Which Discourse was freely made by his Lordship without any Caution given us therein of Secrecy yet was it demanded by us Whether his Lordship would give us leave to have the same signified to his Excellency the Lord Lieutenant of Ireland and to the Lord President of Munster His Lordship answered That he gave us free liberty so to do which his Lordship's Discourse we have for our better Remembrance reduced to Writing and testified the same under our Hands to be as aforesaid Signed Henry Clogher Henry Owen Having seen and read this Paper containing the Particulars of a Conference between Me and the Lord of Clogher and Colonel Reynolds and between me and the said Lord of Clogher and Mr. Henry Owen I do hereby acknowledg it to be the same in Substance with what passed excepting where it is said that Captain Digby was by the late King returned with a Dispatch to Me whereas the Dispatch was sent to me from the King by one William Hamerstone and whereas it is said that the said late King appointed that the Army with us to be continued and raised in Ireland should be employed against the Parliament it is to be intended if occasion should be for so doing And I do hereby aver the Truth of all so delivered with the other Corrections and Qualifications thereunto added Witness my Hand this August the 22d 1650. ANTRIM Observations on the Marquess of Antrim's Information FIrst it expresly clears the King from giving any Commission for the Irish Rebellion nor is there any thing in it that can charge his Majesty with the least Thought or Intention that his Protestant Subjects in Ireland should be either plundered or murdered nevertheless when an unthinking Reader finds that the Castle of Dublin was to be surpriz'd he runs away with the Notion that the Irish Conspiracy was pursuant to that Order and the King was in the bottom of that barbarous Rebellion and this perhaps was one design of this Information but the chief end of it was to abuse the World with a Belief that the King was not necessitated to a War with the Parliament by any thing then newly happened in 1642. but that he had projected it long before and had made this Preparation to put it in Execution Secondly This Information cannot be true but either Antrim deceived the World or Burk imposed upon him for besides that Ormond and Antrim was unfit to be joyned in a Commission as well because there were never any good Understanding between them as also because they were of different Religions and Interests how much more obvious and easy less scandalous and more effectual would it have been for the King to have made Ormond Lord-Deputy than to order him to surprize the Castle and the Lords Justices Moreover these 12000 additional Men could not have been raised without Noise and Time nor kept without Money nor Armed at all for there were not 12000 Arms in the Store 23 Octob. and yet 8000 of them were the Arms of the disbanded Men which they were to keep on Foot But it is yet more strange that before any Breach with the Parliament and whilst Matters tended to an Accommodation more hopefully than in some Months before the King should by such a rash and imprudent Action administer such cause of Jealousy to the Parliament at so unseasonable a time whilst he was absent in Scotland as would certainly put the Kingdom of England in a Flame and lose his Majesty the Hearts and Hands of more English Cavaliers than he could gain of Irish-Men But to put this matter out of doubt the King long before he went to York which was in the middle of August knew the Irish Army would be disbanded and therefore consented to license four Regiments to be levied out of them for the Service of the King of Spain as appears by the following Letter copied from the Original ORMOND I Have taken this Occasion by the recommending the Son of one of my faithful Servants to assure you that I very much esteem You and that I do but seek an Occasion to shew it you by more than Words as I commanded the Vice-Treasurer to tell you more fully and in particular concerning the blew Riband of which you may be confident only I desire you not to take notice of it until I shall think it fit The Particular for this Bearer George Porter is to permit him to make up a Regiment of the disbanded Army if he can do it by Perswasion to carry them out of the Country for the King of Spain's Service this is all So I rest Whitehall the 19th of June 1641. Your assured Friend CHARLES R. Moreover how much the King was surprized with the Irish Rebellion will also appear in his Letter to the Marquess of Ormond whom
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
REX ET REGINA BEATI HONI · SOIT · QVI · MAL · Y · PENSE · R. White scul Printed for Ioseph Watts in S t Pauls Church Yard HIBERNIA ANGLICANA OR THE HISTORY OF IRELAND From the Conquest thereof by the ENGLISH To this Present Time WITH An Introductory Discourse touching the Ancient State of that Kingdom and a New and Exact Map of the same PART I. By RICHARD COX Esq Recorder of Kingsale Ardua res est vetustis novitatem dare obsoletis nitorem obscuris lucem dubiis fidem Plin. Attamen audendum est veritas investiganda quam si non omnino Assequeremur tamen propius ad eam quam nunc sumus tandem perveniemus LONDON Printed by H. Clark for Ioseph Watts at the Angel in St. Paul's Church-Yard MDCLXXXIX TO THEIR Most Excellent Majesties WILLIAM AND MARY By the Grace of God King and Queen OF England Scotland France and Ireland Defenders of the Faith c. May it please Your Majesties I Should not presume to lay this Treatise at Your Royal Feet but that it concerns a Noble Kingdom which is one of the most considerable Branches of Your Mighty Empire It is of great Advantage to it that it is a Subordinate Kingdom to the Crown of England for it is from that Royal Fountain that the Streams of Justice Peace Civility Riches and all other Improvements have been derived to it Campion 15. so that the Irish are as Campion says beholding to God for being conquered Davis 2. And yet Ireland has been so blind in this Great Point of its true Interest that the Natives have managed almost a continual War with the English ever since the first Conquest thereof so that it has cost Your Royal Predecessors an unspeakable Mass of Blood and Treasure to preserve it in due Obedience But no Cost can be too great where the Prize is of such Value and whoever considers the Situation Ports Plenty and other Advantages of Ireland will confess That it must be retained at what rate soever because if it should come into an Enemy's Hands England would find it impossible to flourish and perhaps difficult to subsist without it To demonstrate this Assertion it is enough to say That Ireland lies in the Line of Trade and that all the English Vessels that sail to the East West and South must as it were run the Gauntlet between the Harbours of Brest and Baltimore And I might add That the Irish Wool being transported would soon ruine the English-Clothing-Manufacture Hence it is that all your Majesties Predecessors have kept close to this Fundamental Maxim Of retaining Ireland inseparablely united to the Crown of England And though King Henry II may seem to deviate from this Rule by giving the Kingdom to his Son John yet this is to be said for him That he thought the Interest and Expectations his Son had in England would be security enough against his Defection and the rather because he could not then keep Ireland without continual Aids and Supplies from hence However this very Example was thought so dangerous that Ireland was never given away since that time except once by Henry the Third and then only to the Prince who was his Heir apparent and on this express Condition Ita quod non separetur a Corona Angliae I do not mention that unaccountable Patent to Robert de Vere Earl of Oxford and Duke of Ireland not only because there was a Tenure by Homage reserved so that it was not a total Alienation and because it was but for Life and cum mixto Imperio but chiefly because it never took effect so that it was but Vmbratilis Honor cito evanuit But it is needless to tell your Majesties That Ireland must not be separated from England or to solicit your speedy Reduction of that Kingdom since the loss of it is incompatible with Your Glory and to suffer the Ruin of four hundred thousand Irish Protestants meerly for their adherence to Your Majesties and their Religion is inconsistent with your Goodness But in Truth the Recovery of Ireland was not proper for Your Majesty's Undertaking until it became difficult beyond the Hopes of others any Body can do easie things but it is Your Majesty's peculiar Talent to atchieve what all the rest of the World think Impossible Your Majesty did so in buoying up a sinking State and restoring it to a more Glorious Condition than ever it was in before And Your Majesty did so again in retrieving from Ruine two expiring Kingdoms that were at their last Gasp and the Recovery of the third is all that remains to consummate your Glory and make You the Darling both of Fame and of Fortune And when that is done Madam the bright Example of your Majesty's Virtue and Piety will influence that degenerate Nation to such a degree of Reformation and Religion as will restore that Kindgdom to its ancient Appellation and Ireland will again be called Insula Sacra That Your Majesty's Glorious Designs for the Advantage of England and the Recovery of Ireland for the Propagation of the Protestant Religion and for the Good of Mankind may be blessed with Success suitable to Your Majesty's Generous and Pious Intentions And that Your Majesties long and happy Reign here may be crowned with Everlasting Happiness hereafter shall be the fervent as well as daily Prayers of May it please Your Majesties Your Majesties most Dutiful most Loyal and most devoted Subject R. COX TO THE READER SInce Ireland is reckoned among the Principal Islands in the World and deserves to be esteemed so whether you consider the Situation of the Country the Number and Goodness of its Harbours the Fruitfulness of the Soil or the Temperature of the Climate it is strange that this Noble Kingdom and the Affairs of it should find no room in History but remain so very obscure that not only the Inhabitants know little or nothing of what has passed in their own Country but even England a Learned and Inquisitive Nation skilful beyond comparison in the Histories of all other Countries is nevertheless but very imperfectly informed in the Story of Ireland though it be a Kingdom subordinate to England and of the highest importance to it This could never be so if there were extant any compleat or coherent History of that Kingdom which indeed there is not those relating to the Times before the Conquest being Fabulous and those since but Scraps and Fragments As for those Histories that treat of the Times before the English-Conquest Doctor Keating's is the best and is exceedingly applauded by some that did and others that did not know better Prospect in Pref. 13. Peter Walsh thinks 't is the only compleat History that we have of all the Invasions Conquests Changes Monarchs Wars and other considerable Matters of that truly ancient Kingdom But after all it is no more than an ill-digested Heap of very silly Fictions And P. W's Prospect which is in effect the Epitomy
of Keating in English with all the Art he could use to polish it will never pass for more than an Utopian Atchievement And Mr Flaherty's Ogigia must expect the same Fate though he has shewn a great deal of Learning and Industry in methodizing the Story and fitting a Table of Synchronism to it which with small Variation might serve as well for the History of the Seaven But those Tracts that have been written of later times have most of them another Fault they generally write true but not observing Chronology they jumble Times Persons and Things together and so confound the Story Sir James Ware was the first that mended this Error and is undoubtedly the best Author that has undertaken the Irish History but he has only the four Reigns of Henry VII Henry VIII Edward VI and Queen Mary Campion and the rest have but a Scrap here and there and that it self very imperfectly And Camden's Annals Fryer Clun's and others that were mostly collected by the Monks are very faulty and have no coherence Spencer's View of Ireland is very well and Sir John Davys his Discourse is better but both are Commentaries rather than Histories It must therefore follow That an Entire and Coherent History of Ireland must be very acceptable to the World and very useful to the People of England and the Refugees of Ireland especially at this Juncture when that Kingdom is to be re-conquered and perhaps Time may produce such a one But as no Body was born a Man but by degrees increased from his Childhood so you must not expect all the Perfection in the first Edition which Time and better Information may produce in a Second In the mean time this Collection will give you such a Scheam and Idea of the Irish Affairs as will be useful to you till you can get a better I will not pretend this Collection is free from Mistakes no wise Man will expect that for be that Copies after others as Collectors of Histories must do cannot always be sure he writes Truth Who is so Skilful says Cambden that strugling with Time in the foggy dark Sea of Antiquity may not run upon Rocks And whoever writes an Irish History must to make Coherence sometimes conjecturis venari as Sir James Ware says But I assure the Reader There is no wilful Prevarications herein and that if I discover any Mistakes at all I will at the End of the Book or by new Sheets which may be bound up with it publish the correction of such Mistakes as soon as conveniently may be And now perhaps the Reader expects I should bespeak his Favour But I am far from being solicitous about the Reception this Book will have in the World for either the Censurer could do it better and then â—e should have done so and not like a Dog in a Manger hinder others and do nothing himself or he could not do it better and then by censuring me he will but proclaim himself an envious Coxcomb for none but such will find Fault with that which they cannot mâ—nd In a Word the Censure of Fools or conceited 〈◊〉 can do me no Prejudice and the Wise and the Learned will be more Just and Ingenuous than to reward the great Pains I have taken in collecting and methodizing this perplexed History with any thing that is Censorious or unkind But how ungrateful soever the Reader may be to me I will nevertheless give him the best Help I can to understand the Irish History which he can never well do without penetrating into the true Causes of those innumerable Fewds Wars and Rebellions that have been in that Kingdom most of which I think were founded on those great Antipathies which were created by Difference in Nation Interest or Religion The Difference of Nation concerned the Irish on one side and the British on the other for the Scots though some of them were extracted from the Irish yet only such as sympathized with them in Language Manners Customs Religion and Interest were accounted Irish as Mac Donald Mac Connel c. and the rest who communicated with the English in those five Particulars are reckoned as such and justly comprehended under the Appellation of British As for the English they are undoubtedly a mixt Nation compounded of Britons Danes Saxons and Normans And some think the Irish are also a mingled People of Britons Gauls Spaniards and Easterlings and therefore called Scots i.e. an Heap And 't is certain they are at this Day a mixt People if it were for no other Reason but that there is hardly a Gentleman among them but has English Blood in his Veins However the Irish Antiquaries do Assert That the Irish are a pure and ancient Nation and they derive their Pedigree through the famous Milesius and by their Father Gathelus are descended from Feinsa Farsa and other great Emperors of Scithia and by their Mother Scota they were extracted from the mighty Kings of Egypt But the Jest of it is That since only two Sons of Milesius came into Ireland viz. Hiber and Herimon with about three thousand Soldiers if all the Irish are of the Race of Milesius it must follow That those two Sparks were Patres Patriae in a literal Sense and be got Children for the whole Army but however that be it is certain there were great Antipathies between the Irish and English Nations as usually there is between the Conquerors and the Conquered but by degrees the English grew so much in love with the Despotick Power of the Lords and the Licentiousness of the Commons that they insensibly degenerated not only into Irish Customs Habit and Manners but also assumed Irish Names as Burk Mac William Fitz-Stephens Mac Sliny Courcy Mac Patrick Hodnet Mac Shery Barry Mac Adam Birmingham Mac Pheoris and many others so that this Difference of Nation was on the old English Side designed to be buried in Oblivion But the Irish would not be so served for they considered the first Conquerors but as unjust Intruders into and usurpers of other Men's Estates and therefore they expected some favourable Opportunity one time or other to get rid of them though for the present they were necessitated to joyn with them and therefore they carefully kept up the distinction of Nations and by no Laws or Allurements could be brought to part with their Language or Habit or even the most of their barbarous Customs however the secret of this design was not divulged until O neal in his Triumphs to Munster blab'd it out for being told That Barret of Castlemore though an Englishman was a good Catholick and had been there four hundred Years he replied That he hated the Clown as if he had come but Yesterday Since that we have many more Instances of it and that this Antipathy has extended it self even to English Cattle and Improvements It was another O Neal that said It did not become him to writh his Mouth to chatter English Irish Stat. 233. and that executed a
Soldier because he had English Bisket in his Pocket Sullevan 67 O Sullevan tels us that from 1168. to the Apostacy of Henry VIII the English though Catholicks by continual Tyranny and Rapine destroyed the Discipline of Church and State and fol. 67. that the English were Irreligious Inconstant and Heretical being in Dioclesian's Persecution Apostates afterwards Arians then Pelagians then Heathens then Idolaters then Murderers of S. Thomas of Becket and then Protestants in a Word wherever they dare do it they do not spare to asperse the English Nation and Government with most Malicious and Opprobrious Accusations and whoever considers That the Bishop of Clogher did so purge his Ulster-Army that he would not suffer any Papist to be in it that was of English Extraction and the Advice of Mr. Mahony in his Disputatio Apologetica Not to make a Priest of English Race nor to trust any that are so Whoever I say considers this and the true Reasons of it will easily be convinced That the Old English and the Old Irish will one Time or other split upon the old indelible National Antipathy As to the second viz. Interest it concerns the Irish and the Old English both of which have Inteterests incompatible with the New English For when the English Lords usurped Irish Arbitrary Power as aforesaid and the Commons being made Vassals to their Lords and holding their Properties but precariously fell naturally into Licentiousness to the Ruine of the Commonwealth The Duke of Clarence in the Reign of Edward III thought to cure this Malady by resuming those Palatinate Jurisdictions and other great Priviledges those English Lords had so enlarged and abused whereupon the Earl of Desmond broached the distinction between the English of Blood and the English of Birth and the former did not only confederate together but also brought in the Irish to their Assistance and Gosip'd Foster'd Married and Incorporated with them so that the Government was obliged to relax their intended Severity and to let these old Englishmen lord it as they pleased till a better Opportunity should be offered for the intended Resumption However from henceforward the Old English and Irish kept a Correspondence and upon the Reformation became more firmly united by the common tye of Religion and under Pretence of defending Religion and their usurped Jurisdictions they were found together in many Rebellions and their Estates confiscated and given to the new English so that they are united in a common Interest to recover their forfeited Estates if they can and when that is done the Irish have their particular Interest apart to recover their old Estates from the first Conquerors or Intruders As for the third viz. Religion I need not explain the Irreconcilable Antipathy that is between the Roman Catholick Religion and Heresie or between true Religion and Idolatry the Differences of Nation and Interest may be suspended lessned ay buried and annihilated but there is no Reconciliation to be made between God and Mammon This great concern has so silenced all the rest that at this Day we know no difference of Nation but what is expressed by Papist and Protestant if the most Ancient Natural Irish-Man be a Protestant no Man takes him for other than an English-Man and if a Cockny be a Papist he is reckoned in Ireland as much an Irish-man as if he was born on Slevelogher the Earls of Insiquin and Castlehaven are Examples hereof the one being of the best and ancientest Family in Ireland was yet the beloved General of an English Army and the other being the second Baron of England was Commander of the Irish Forces There is also another Difference in Religion between the Episcoparians and the Dissenters which last are branched into several Sects but it is not at all or very little taken notice of in Ireland because they do really manage this Affair more prudently than some other more celebrated Nations and sacrifice these petty Fewds to the common Interest of opposing Popery And that these Distinctions may appear to be neither trivial nor meerly Notional it will be necessary to give Instances of these several Factions in the late Irish Wars and first there was an Army of all meer Irish not an English Papist among them commanded by the Bishop of Clogher and another of meer English all Papists under General Preston And secondly There was an Army of Old English and Irish under the Lords Mountgarrat Taaf c. and an Army of New English commanded by the Earls of Ormond Insiquin c. And thirdly there was an Army of Papists under the Nuntio and an Army of Protestants commanded by the Marquess of Ormond But how stand these great Differences at this Day Why truly worse than ever for as to the first Whereas the Old English were heretofore on the British side in all National Quarrels they are now so infatuated and degenerated that they do not only take part with the Irish but call themselves Natives in distinction from the New English against whom they are at present as inveterate as the Original Irish though perhaps Time may open their Eyes and rectifie that Error And as to the Second whereas at Queen Elizabeth's Death the Protestants had not above a fourth part of the Kingdom the Escheats in Ulster in King James his time and the Act of Settlement since has given them two fourths more so that now they have three Quarters of the whole and thereby more Irish are disobliged than were formerly and their Loss is greater and consequently their Interest to regain it is larger and more pressing than it was in former Times As to the third viz. Religion it 's certain the Papists were never so enraged at the Northern Pestilent Heresie as of late they have been and the Folly Insolence and Cruelty of these last seven Years has justly rendred Popery more odious than ever to the Protestants But was there no way to secure Ireland without Sanguinary Laws and Inhuman Persecutions Yes sure if People would in time have set themselves to repair the State of Ireland as the Jews under Nehemiah did to re-edifie the Walls of Jerusalem viz. every one build over against his own House the Matter had been easily and quietly accomplished for the formidable Bulk of Irish Papists were for the most part Servants or Tenants to Protestants and of their breeding up and if the English would have sacrificed a little sordid Profit to the Publick Good and have countenanced and indulged Protestant Servants and Tenants instead of Papists a very few Years would have put themselves and their Religion out of Danger But at this Day the Provocations are carried so high and the Irish have abused the English to that degree of Barbarity and Ingratitude that it will be hard to perswade the Protestants to trust them again or to live neighbourly with the many more Nevertheless since Extirpations are Cruelty in the Abstract and odious to Human Nature there must be a Method found out to
my self have seen a Stick taken out of that Logh whereof half remained Wood and the other half was petrified Who were the Aborigines or first Inhabitants of Ireland it were in vain to guess for the Irish Historians are of no Credit in this Matter the very Truths they write do not oblige our Belief because they are so intermixt with Impossible Stories and Impertinent Tales that it is exceeding difficult to distinguish which is the History and which the Fable and Sir James Ware gives the true Reason of this Imperfection Quia Opera sunt posterior ' seculorum And that you may not say That this is but one Doctor 's Opinion I will call in Mr. Stanihurst who pag. 55. assures the Reader That in the Irish Histories Nil certis authoribus comperiet a quibus instructior esse queat Another tells us That the Irish Histories are fraught with Lewd Lies and idle Genealogies quicquid Graecia Mendax audet in Historia Cambrensis informs us That the Irish Histories were diffuse inordinate magnaque ex parte frivole rude quoque agresto stylo congestae Holingshead affirms That when he came to consider the Irish Histories he found himself so unprovided to set down any particular Discourse of Ireland that he was in Despair to write any thing at all concerning it Ware 's Annals 20. Sir James Ware asserts That they were either fabulosae or fabulis mixtae Vsher's Religion of the antient Irish 92. Sullevan f. 1 And even Philip O Sullevan himself of whom Primate Vsher gives this true Testimony That he was as egregious a Lyar as any in Christendom confesses That the Irish Affairs were caligine altissima mersae a nemine satis Latino Sermone celebratae Polibius affirms That the Regions North of Narbon were utterly unknown and what is reported of them is but a Dream and indeed it is probable that nothing beyond Hercules Pillars was known to that Age But if after all this any Body be so obstinate as to dispute this Point I desire him to read Doctor Keating's History of Ireland and if that does not convince him nothing can But if we may be permitted to guess at things so obscure I should think That the World was inhabited by degrees and from the adjacent Countries Asia peopled Graece Graece Italy Italy France and France England and therefore it is rational to believe That England peopled Ireland 4 Inst 349. being the nearest Country to it especially in those Days when the Art of Navigation was so little understood that Fleets neither did nor could transport a Colony sufficient to plant that Island from any Country more remote their Custom being to sail only by the Shoar and so coast it along Verstegan 36. which made Hiram three Years in his Voyage Some Welsh Words in the Irish Language and some Customs used among the Britons particularly the Bards and Druids and many other Circumstances do enforce this Argument And besides these Britons the Belgae Danonii Inhabitants of the west of England being Conquered by Vespasian fled into Ireland Suetonius c. 4. and setled there which gave occasion to the fruitful Fancies of the Irish Historians to forge all those ridiculous Stories which they have published of the Firbolgs and Tuah-de-danans Perhaps some Spaniards and more Gauls ay and some of other Nations Danes Norwegians Oastmen c. might in small Numbers by Accident or Design settle themselves in Ireland and therefore the Irish being a mixt People might be called Scots i. e. acerva Divi Britaniei a Heap implying That as a Heap consisted of many Grains so the Inhabitants of Ireland were compounded of many Nations But however that be 't is certain That most of the Original Inhabitants of Ireland came out of Britain so says Mr. Flaherty in his Ogigia pag. 12 Cambden 2 120 124. and 171. Cambden is of the same Opinion and Ireland was anciently called a British Island by Dionisius Afer Pliny Catulus and Polibius c. It is certain the Religion and Manners of the Irish and Britons did not differ much Cambden 11. And their Language did very much agree Ib. 121. The Irish use the Saxon Character to this Day and their use of Bows and Arrows [b] Spencer 35. Bolyes [c] Ib. 36. Mantles and [d] Ibid. 41. Glibbs are all derived from the Britons and so are the Bards and Druids aforesaid their Custom of Gavelkind was British in the Original Ware de antiq 10. and the Brigantes of Ireland are undoubtedly the Progeny of the Brigantes of England As for the Irish Language how much soever some of the Bardes do brag That it is a Pure and Original one yet it is so far from that that it is the most compound Language in the World the English only excepted it borrows from the Spanish Com estato i. e. how do you c. from the Saxon the Words Rath and Doon i. e. Hill and many more From the Danish many Words from the Welsh almost half their Language Hanmer 11 12. Doctor Hanmer gives us a Catalogue of Words common to both Nations to which may be added Inis Glas Caashe Glin Yerla Droum c. From Latine they derive all their Numeral Words unus hene duo dwo tres three quatuor cahir quinque quooge sex she septem shoct octo â—oct novem ne decem degh and they reckon as the Latines do one teen two teen undecem henedeag duodecem dwodeag and not as the Englsh do eleven and twelve The Words sal arigut cabul aun aunum corp mel lowre scribnorâ— ore c. are meer Latin the Days of the Week are also meer Latin dy Downig dies Dominicus dy Lune dies Lunae so dy Mart dies Martis and dy Saturn dies Saturni All things that were not in use among them formerly are meer English Words as cotah dubelete hatta papere â—otisâ—y breesty and abundance more Holingshead f. 13 makes too satyrical an Observation That there is no Irish Word for Knave but I will conclude this Paragraph with this Remark That Vlster has the right Phrase but not the Pronunciation Munster has the Pronunciation but not the Phrase Leinster has neither but Connaught has both As for the Government of Ireland it is not to be doubted but it was governed by Kings but they were such as the Indian Kings in Virginia or the Lords of Mannors in England King of Ophaiy King of Limerick King of Cork Prince of Carbry Prince of Colly Prince of Inisowen c. The Monarch himself had but what he could catch and was rather Dux Ducum or Dux Belli than a King It would be ridiculous to search for the Bounds of their Territories which were every Day altered by Force so that every Principality was enlarged or diminished according to the Power and Fortune of him that held it These Kings or Monarchs were neither Anointed nor Crowned nor inaugurated by any Ceremony they did not
Protestant Doctrines about Free-Will Predestination and Justification and illustrates the Doctrine of Justification by this plain Simile viz. As the Eye only sees yet if separated from the Body cannot see so Faith alone justifies yet if it be alone that is if it be separated from good Works it cannot justifie because saving Faith is always a fruitful Faith he shews that S. Patrick and Paladius opposed and confuted the Errors of Pelagius and Celestius about the Grace of God and both Claudius and Sedulius affirmed That no Man is without Sin except the Man Christ Jesus and that there is no Perfection in this Life and whatsoever Men have from God is of Grace because they have nothing of due The third Chapter treats of Purgatory and Prayer for the Dead and first he shews the Cheat of S. Patrick's Purgatory which that good Man never dream'd of his Treatise de tribus habitaculis relates to Heaven Earth and Hell and has not the least mention of Purgatory it was a later Invention of the Monks and so firmly believed by their Votaries that S. Caesarius a German Monk has the confidence to advise all those who doubt of Purgatory to go to Ireland to S. Patrick's Purgatory in Loghdirge and he shall be convinced And Doctor Tyrry assures us That it is famous over all Europe but O Sullevan has gone farther Sullevan 23 and in his Catholick History of Ireland has given us the description of the Rooms and Furniture in this Purgatory and the several sorts of Punishments inflicted there and has acquainted us with the Methods of getting in and safely getting out again But after all this has proved the most fulfom Cheat that ever was imposed on Mankind and being about the Year 1636 digged up by the Order of the Lords Justices this Purgatory was found to be a small Cave under Ground where the Damps arising from the Earth so influenced crazy Melancholy People as to make them dream or fancy whatever they were beforehand told they should see But to proceed the Primate quotes the Saying of Sedulius and the Canon of an ancient Irish Synod That after this Life either Life or Death succeedeth and that Christ has loosed our Guilt and finished our Punishment He shews the Forgery of a story on S. Brendan inserted into the new English Legend but not to be found in the Ancient Manuscript He observes That the Oblations made for the Dead in former times were Sacrifices of Thanksgiving and not of Propitiation because they were made for such as they were confident were in Heaven as for S. Brendon c. And he concludes with the Saying of Claudius and Colombanus That when we come to the Judgment Seat neither Job nor Daniel nor Noah can intreat for any one but every one must bear his own Burthen To which I add the Saying ascribed by the Synod to S. Patrick mentioned page 36. He who deserveth not to receive the Sacrifice in his Life how can it help him after his Death In the fourth Chapter he cites Sedulius telling us That 't is Impiety to adore any other but God and reproving the Heathen for Simplicity in thinking that the Invisible God would be worshipped by a Visible Image to which Claudius adds That God is not to be worshipped in Metal nor in Stone And S. Patrick assures us That no Creature is to be sworn by but only the Creator And as for the Liturgy there was no Uniformity therein but several Forms of Divine Service were used in divers Parts of the Kingdom that the Roman Use began to be introduced by the Pope's Legate in the twelfth Century and was perfected by Christianus Bishop of Lismore in the Synod of Cashel and confirmed by Henry II wherein it was ordered That all Divine Offices of Holy Church should thenceforward he handled in all Parts of Ireland according as the Church of England did observe them The Word Mass is synonimous to Liturgy and therefore used for Evening Prayer but it commonly signifies the Sacrament being the principle Part of Divine Service and the Word Sacrifice did import then what we understand by the Word Sacrament now and might be either offered to God or given to the People and not as the Mass is now wherein the Priest doth all He farther sheweth that they received the Sacrament in both kinds and instances Hildmer's Wife and S. Bridget and her Companions c. and particularly that the Popish Legends mention That one of S. Bridget's Miracles happened when she was about to drink out of the Chalice He shews that the Holy Men of those Ages did use the Phrase of Scripture and called the Sacrament the Body and Blood of our Saviour because they thought the Impossibility and Unreasonableness of Transubstantiation would secure Mankind from Mistake for Christ being alive in Heaven cannot be corporally in the Sacrament because he is there represented as Dead and his Body Broken and his Blood Shed and there is no such thing in rerum natura for Christ being Raised from the Dead dyeth no more Rom. 6. 9. He quotes Sedulius and Claudius Henry Crump and Johannes Scotus distinguishing between the Sacrament and the Body of Christ that was crucified In Chap. 5 he proves by the Epistle of Lanfrank to King Tiâ—lagh That the Irish did not use Chrism in Baptism and by the Testimony of S. Bernard That the Irish in his time did not understand or did neglect Confession Confirmation and Marriage he proves that Confession in former Times was Publick and that Penance was but a Testimony of Penitence and always preceded Absolution and cites Claudius to prove that Sacerdotal Absolution is declarative and ministerial and not absolute Sedulius calls Marriage a Gift but not Spiritual ergo 'tis no Sacrament the Synod attributed to S. Patrick prohibits the Incest of marrying a Brother's Wife which was the Case of Henry VIII and Kilianus suffered Martyrdom for dissolving such an Incestuous Marriage by Gozbertus Duke of Franconia and that Clemens Scotuâ— was condemned by the Council of Rome anno 745 as a bringer in of Judaism among Christians by maintaing such Incestuous Marriages which Cambrensis says were common in Ireland he proves by Sedulius and S. Patrick That no Divorces were to be made except for the Cause of Fornication and that Coelibacy was so far from being enjoyned the Clergy That S. Patrick's Father was Calphurnius a Deacon and his Grandfather Potitus a Priest There was Order taken in the Synod held by S. Patrick Auâ—ilius and Isserninus That the Wives of the Clergy should not walk abroad with their Heads uncovered and Gildas reprehends the Clergy for corrupting their Children by evil Example and he proves by the Epistle of Pope Innocent III That the Sons and Grandsons did use to succeed their Fathers and Grandfathers in Ecclesiastical Benefices To which I add That this was so true in the See of Armagh that they feared that Archbishoprick would be made hereditary no less than ten
the Romans in the time of Celebrating the Feast of Easter until the Southern Part conformed in the Time of Pope Honorius the First and the Northern about forty Years after and that both sides pretended to Miracles and were sainted particularly Bishop Aidan Finan and S. Collumkille all which opposed the Roman Usage in this Matter this Party were called Quartodecimans and were so abhorred by their Adversaries that they re-ordained all that were consecrated by them and sprinkled the Churches with exorcized Water and rebaptized all that desired it and it seems the others were as angry with them and shunned their Company and Communion He shews That about the Year 843 the British See appealed to Constantinople for Instructions in this Matter which City it seems was then counted as oraculous as Rome But it seems to me That the Pelagian Heresie which raged over all Ireland as well as England is a Proof beyond Reply That the Irish did not believe or consult the Pope as an Infallible Oracle of Truth because it is the highest contradiction that can be nay 't is impossible to believe a Man Infallible and yet not to believe what he says Lastly when he has refuted the Pope's Pretences to a Temporal Dominion in Ireland and has asserted Polydore Virgil to be the Inventer of that Concession pretended to be made by the Irish on their Conversion quod nota postea pag. 2 he asserts That Ireland is a very ancient Kingdom and introduces the English Ambassador at the Council of Constance speaking after this manner It is well known That according to Albertus Magnus and Bartholomaeus in his Book de Proprietatibus rerum the whole World being divided into three Parts viz. Asia Africk and Europe Europe is divided into four Kingdoms namely the Roman for the first the Constantinopolitan for the second the third the Kingdom of Ireland which is translated unto the English and the fourth the Kindgom of Spain Whereby it appeareth That the King of England and his Kingdom are of the more Eminent Ancient Kings and Kingdoms of Europe which Prerogative the Kingdom of France is not said to obtain But whatever the Religion of the Irish was formerly it is certain that at this Day it is rather a Custom than a Dogma and is no more than Ignorant Superstition not one in a hundred of the Common People know any thing of even the most essential Articles of the Creed but having resigned their Faith to their Priest they believe every silly Story he tells them And as the Primate Vsher observes tho they are slow of Heart to believe Saving Truth of God delivered by the Prophets and Apostles yet they with all greediness imbrace and with a most strange kind of Credulity entertain those lying Legends wherewith their Monks and Fryers in these later Days have polluted the Religion and Lives of our Antient Saints The Christian Names of the Irish are as in England Hugh Mahoone i. e. Matthew Teige i. e. Tymothy Dermond i. e. Jeremy Cnoghor i. e. Cornelius Cormuck i. e. Charles Art i. e. Arthur Donal i. e. Daniel Goron i. e. Jeofry Magheesh i. e. Moses and their Sir-names which were assumed in the Time of Bryan Borah are as in Wales taken from the Christian Name of the Ancestor with an O which is as much as ap in Welsh or de in Latin or Mac i. e. Fitz or Son placed before it so his Son was called O Bryan and his Daughter Sarah being married to one Mahown her Son was called Mac Mahown so Carah Mac Seerbraghah was Father of the Mac Carahs or Mac Cartyes but this Distinction is observed That only the Chief of the Sept is called Mac Carty or O Bryan or the like and every other Person of the Family is called by his Christian Name as Philip O Sullevan Teige Mac Carthy c. but there is scarce one noted Man among them but has some Nickname or other as Moyle Fune Fadda Lader Buy Buckah Mauntah c. The Habit of an Irishman was a Mantle and Trowses and of an Irishwoman a Mantle and Petticoat both had Broges something thinner than Pumps on their Feet and the Man had a Cappeen and the Woman a Kercher on their Heads their Shifts were died in Saffron to save washing and contained 13 or 14 Yards of Cloath so that a Law was made against that Extravagancy These Mantles were like Cloaks only instead of a Cape they had a vast quantity of Thrums or yarn-Fring so that when the Mantle was put up close to the Nape of the Neck as they usually wore them the Fring hung down near a foot long Mr. Spencer p. 37. gives too Satyrical a Character of this Garment That it is a fit House for an Outlaw a meet Bed for a Rebel and an apt Cloak for a Thief The Irish Musick was either a Harp which is the Arms of the Kingdom and makes an excellent Sound if it be skilfully touched or a Bagpipe which is a squealing Engine fit only for a Bear-Garden nevertheless they are much used at Irish Burials to encrease the Noyse and encourage the Women to Cry and follow the Corps for there is nothing coveted more by the Friends of the deceased than to have abundance of Company at the Burial and a great Cry for the Defunct which they think argues That he was a Person of Figure and Merit and was well-beloved in his Country therefore they bury their Dead with great Ululations or Allelews after the Egyptian manner and hire Women to encrease the Cry And I my self have often seen strange Women come into the Crowd at a Funeral and set up the Cry or Allagone for a Quarter of a Mile together and then enquire of some of the Company Who it is that is Dead And hence arose the Proverb To weep Irish i. e. to cry without concern When I say That the Irish rode Horses without Saddles and afterwards even to our own Days used Padds or Pillions without Stirrops no Body must be so foolish to think That this is a Disgrace to the Nation since I affirm the same thing of the Ancient Britans and that they also used many of the same Customs with the Irish and some more barbarous than any of theirs but what I aim at is to shew That the Irish did continue in their Barbarity Poverty and Ignorance until the English Conquest and that all the Improvement themselves or their Country received and their great difference between their Manners and Conditions now and then is to be ascribed to the English Government under which they have lived far happier than ever they did under the Tyranny of their own Lords Nor must any Body so interpret me as if I included all the Irish Gentry in the general Character of the Rudeness Ignorance and Barbarity of that Nation since many of them have in all Ages and some to my own Knowledge attained to great Perfections in Civility Arts and Arms and I do avouch that even
the common sort are not only capable but also very apt to learn any thing that is taught them so that I do impute the Ignorance and Barbarity of the Irish meerly to their evil Customs which are so exceeding bad Davis 150. that as Sir John Davys says Whoever use them must needs be Rebels to all good Government and destroy the Commonwealth wherein they live and bring Barbarism and Desolation upon the Richest and most fruitful Land in the World But the Irish Capacities are not to be questioned at this Day since they have managed their Affairs with that dexterity and Courage that they have gotten the whole Kingdom of Ireland into their Possession and by wheedling some and frightning others they have expelled the Body of the English out of that Island However let us not be dismaid for they are but the same People our Ancestors have so often triumphed over and although they are not to be so contemned but that we may expect they will make one good Effort for their Estates and Religion yet we may still depend upon it That their Nature is still the same and not to be so changed but that they will again vail their Bonnets to a victorious English Army AN EPITOME OF S R WILLIAM PETTY'S LARGE SURVEY OF IRELAND Divided into its 4 Provinces 32 Counties and the Counties into Their Several Barronies wherein are Distinguished y e Archbishopricks Bishopricks Citty 's Places that Return Parliament Men. also the Roads Bogs and Bridges By Phillip Lea At the Atlas and Hercules in Cheapside near Fryday Street LONDON The History of IRELAND From The Conquest Thereof By the ENGLISH to this Time By RICHARD COX Esq r Printed For JOSEPH WATTS at y e Angell in S t Pauls Church Yard THE REIGN OF Henry Plantagenet FITZ-EMPRESS Conqueror and Lord of IRELAND HENRY the Second of that Name King of England a Brave and Powerful Prince ambitious of Glory and the Enlargment of his Empire cast his Eye upon Ireland as a Country most easie to subdue and of great Advantage to him when conquered There were not wanting some Learned Men who affirmed The King had very fair Pretences if not good Title to that Island Speed 472. for besides the Conquests which the Kings Arthur and Edgar had formerly made there Spencer's view 33. they alledged That it was by Leave of the British King Gurgunâ—â—s Campion 26 28. and under Stipulations of Tribute that the Irish were first permitted to settle themselves in that Kingdom Besides the first Inhabitants of Ireland were Britains and those People which the Irish Historians call Fir-bolg and Tuah de Danan i. e. Vir Belgus i. e. Populus Dannonius were no other than the Belga and Dannonit Ancient Inhabitants of England To which might be added That Bayon from whence the Irish pretend to come Lib. P. Lambeth 153. was part of the Kings Dominion So that either Way his Majesty was their natural Prince and Sovereign But however that were yet the King had 〈◊〉 cause of War against the Irish because of the Pyracies and Outrages they daily committed against his Subjects and the barbarous Cruelties they exercised on the English whensoever they fell into their Power buying and selling them as Slaves and using Turkish Tyranny over their Bodies Speed 473. so that the Irish themselves afterwards confessed That it was just their Land should be transfer'd to the Nation they had so cruelly handled Wherefore the King as well to revenge those Injuries as to recover that Kingdom put on a Resolution to invade it But first it was necessary to consult the Pope in that Matter because he pretended no less than three Titles to Ireland First the Universal Patent of Pascâ— Oves which by their Interpretation was Synonimous to Rege Mundum Lib. P. Lambeth 48. Secondly the Donation of Constantine the Great whereby the Holy See was entituled to all the Islands of the Ocean Thirdly The Concession of the Irish Ibid. 154. on their Conversion to Christianity by which they granted the Temporal Dominion of their Country unto S. Peter's Chair And tho' the Answers to these Frivolous Pretences were easie and obvious viz. to the First That whatsoever Spiritual Jurisdiction was given by those Words yet our Saviour's Kingdom not being of this World it is certain no Temporal Dominion is granted thereby And to the Second That Constantine had never any Right or Possession in Ireland and therefore could not give to another what he had not himself And to the Third That the Allegation is false and the Popes had never any Temporal Dominion in Ireland but the same remain'd under their own Native Kings and Monarchs But this Forgery is yet more manifest Because the Irish were not converted by any Emissaries from Rome as appears by the Ancient Difference between the Churches of Ireland and Rome in some Baptismal Rites and the Time of celebrating the Feast of Easter Nevertheless the Pope's Licence in those Superstitious Times would create Reputation especially with the Clergy and his Benediction would as they fancied facilitate their Success and therefore it was thought fit That the King should send his Embassador John Salisbury to the Pope 1156. Sullevan 59. who was by Birth an Englishman and by Name Adrian IV. And how fond soever the Holy See doth now pretend to be of Ireland since the English Government and Industry have rendred it considerable 't is certain the Pope so little regarded it at that time when he received but small Obedience and less Profit from it that he was easily prevailed with to issue the following Bull. ADrian the Bishop Hanmer 107. the Servant of the Servants of God to his most dear Son in Christ the Noble King of England sendeth greeting and Apostolick Benediction Your Magnificence hath been very careful and studious how you might enlarge the Church of God here in Earth and encrease the Number of his Saints and Elect in Heaven in that as a good Catholick King you have and do by all means labour and travel to enlarge and increase God's Church by teaching the Ignorant People the True and Christian Religion and in abolishing and rooting up the Weeds of Sin and Wickedness And wherein you have and do crave for your better Furtherance the Help of the Apostolick See wherein more speedily and discreetly you proceed the better Success we hope God will send for all they which of a fervent Zeal and Love in Religion do begin and enterprize any such thing shall no doubt in the End have a Good and Prosperous Success And as for Ireland and all other Islands where Christ is known and the Christian Religion received it is out of all doubt and your Excellency well knoweth they do all appertain and belong to the Right of S. Peter and of the Church of Rome and we are so much the more ready desirous and willing to sow the acceptable Seed of God's Word because we know
the same in the latter Day will be most severely required at our Hands You have our well-beloved Son in Christ advertis'd and signified unto us That you will enter into the Land and Realm of Ireland to the end to bring them to Obedience unto Law and under your Subjection and to root out from among them their foul Sins and Wickedness as also to yield and pay yearly out of every House a yearly Pension of one Penny to S. Peter and besides also will defend and keep the Rites of those Churches whole and inviolate We therefore well allowing and favouring this your godly Disposition and commendable Affection do accept ratifie and Assent unto this your Petition and do grant That you for the dilating of God's Church the Punishment of Sin the Reforming of Manners planting of Virtue and the increasing of Christian Religion do enter to possess that Land and there to execute according to your Wisdom whatsoever shall be for the Honour of God and the Safety of the Realm And further also we do strictly charge and require That all the People of that Land do with all Humbleness Dutifulness and Honour receive and accept you as their Liege Lord and Sovereign reserving and excepting the Right of Holy Church to be inviolably preserved as also the yearly Pension of Peter-Pence out of every House which we require to be truly answered to S. Peter and to the Church of Rome If therefore you do mind to bring your Godly Purpose to effect endeavour to travail to reform the People to some better Order and Trade of Life and that also by your self and by such others as you shall think meet true and honest in their Life Manners and Conversation to the end the Church of God may be beautified the True Christian Religion sowed and planted and all other things done that by any means shall or may be to God's Honour and Salvation of Men's Souls whereby you may in the end receive of God's Hands the Reward of Everlasting Life and also in the mean time and in this Life carry a Glorious Fame and an Honourable Report among all Nations Together with this Bull the Pope sent King Henry a Gold-Ring as a Token of Investiture and somtime after a succeeding Pope Alexander III confirmed the former Grant by the following Breve ALexander the Bishop Hanmer 141. the Servant of the Servants of God to his dearly beloved Son the Noble King of England greeting Grace and Apostolick Benediction Forasmuch as things given and granted upon good Reason by our Predecessors are to be well allowed of ratified and confirmed we well considering and pondering the Grant and Priviledge for and concerning the Dominion of the Land of Ireland to Vs appertaining and lately given by Adrian our Predecessor We following his Steps do in like manner Confirm Ratifie and Allow the same reserving and saving to S. Peter and to the Church of Rome the yearly Pension of one Peny out of every House as well in England as in Ireland provided also that the Barbarous People of Ireland by your means be Reformed and Recovered from that filthy Life and abominable Conversation that as in Name so in Life and Manners they may be Christians and that as that Rude and Disordered Church being by you reformed the whole Nation may also with the Profession of the Name be in Acts and Deeds Followers of the same But saith Rossus of Warwick and he was no Protestant The King of England is not bound to rely on the Pope's Grant for Ireland Speed 472. nor yet to pay that Tax because he had a Precedent Claim to that Kingdom by hereditary Right Others object against these Bulls in another manner and particularly Philip O Sullevan who says They are void for many Reasons First Because they were obtained on false Suggestions and the Infallible Popes were deceived in their Grants Secondly That Regal or Sovereign Power is not granted by them but only that the Kings of England should be Lieutenants or Deputies to the Pope and Collectors of his Peter-Pence Thirdly That they were on a twofold Condition of paying Tribute and converting the People which not being performed the Bulls are void But because it is scarce credible that any Subject should be so Malicious against his Prince you shall have it in his own Words Rex hoc Decretum impetravit falsa Narrans ut ex ipso Decreto ego colligo pag. 59. Non Dominum Hiberniae sed Praefectum causa colligendi Tributi Ecclesiastici pag. 59. b. And again pag. 60. Non ut Rex aut Dominus Hiberniae sed ut a Pontifice Praefectus sic ego accepi ut Exactor Collector Pecunâ—ae quae ad Sedem Apostolicam pertinebat pag. 61. Ac mihi quidem rem totam sollicita Mentis acie contemplanti nihil Juris esse penes Anglos videtur For besides says he their Title was founded in Adultery meaning Dermond Mac Morough's they have exercised Fraud and Cruelty against the Catholicks that entertained them kindly and the very Temples have not escaped them Hinc igitur nemo ignorabit Hiberniam non Jure sed Injuria Narratione minime vera Sullevan 61. fuisse ab Anglis primo obtenta pag. 61. b. Nor can any Body believe says he that the Pope ever design'd so great an Injustice as to deprive the Irish Kings of their Birth-right Ibid. 62. and give it to Strangers And then he tells us That Laurence O Toole Archbishop of Dublin did obtain of the Pope a Bull to deprive the English King of his Government in Ireland but he dyed in his Return in France and is since canonized But says he supposing the Popes Grant at first were good yet 't is forfeited by Breach of Condition since the English did neither propogate Religion nor pay the Peter-Pence Postea omni Jure plane exciderunt Conditiones a Papa dictas constitutasque transgressi Nam Pensionem Divi Petri de medio sustulerunt nullam certam Religionem nullam firmam Fidem habent pro Deo Ventrem Voluntatem Libidinem colunt By this and the Approbation this Scandalous and Lying Treatise met with in Spain and the Repetition of the same things by divers others in their bitter Libels on the English People and Government and particularly by the Author of Analecta Hiberniae it is manifest that there are some Enemies of the Crown of England so malicious and unjust that they would make use of the most frivolous Pretences in the World to wrest the Kingdom of Ireland from the Dominion of the English Kings But as God Almighty has hitherto even many times to a Miracle protected the British Interest in Ireland so I doubt not unless we are wanting to our own Preservation but that he will continue that Noble Island under the Jurisdiction of the Crown of England for ever In the mean time though we lay no stress on the Popes Bulls yet because they are Argumenta ad Hominem and
if valid are a good Title against Mr. Sullevan and his Abettors I will therefore endeavour to Rescue them from his Objections And as to the first though misinformation or false Suggestion may avoid the Grant of a Prince to his Subjects yet that Rule does not hold between Princes else all Contracts Leagues and Treaties in the World would be avoided on slight Pretences of being misinformed in one Point or other Besides the Pope Alexander III. after some Years Experience and full information of the English Conduct and Proceedings in Ireland gave a new Bull of Confirmation as aforesaid Hanmer 141. And says the Book of Houth he besought the Devil to take all those that gainsaid the Kings Title to Ireland but after all the Suggestions were no other but that the Country was Barbarous and needed Reformation which was so true that the Irish Historians themselves do frequently confess it As to the Second the very Bull mentions That the King shall be their Liege Lord and Sovereign And Henry II was accordingly received as King by the Clergy Nobility and People and both he and his Successors had always the Title of Sovereign Lords and did continually exercise and enjoy Monarchical Authority and Royal Jurisdiction in Ireland Daviâ— 2. 4 Inst 357. under the Name and Stile of Lords And Vrban III granted Power to the King to appoint which of his Sons he pleased King of Ireland Moreover Henry VIII by all the Kingdom in Parliament was acknowledged and declared King of Ireland Which Pope Paul IV considering he officiously erected Ireland into a Kingdom Council of Trent 367. and granted it to Queen Mary that so it might seem as if she derived that Title from him or his Authority which she had before by a better Right As to the Third The Peter-Pence which are but a sort of Proxies propter Beati Petri visitationem and must of Necessity determine with the Jurisdiction of the Visitor which is long since banished out of his Majesties Dominions are mentioned by way of Reservation and not by way of Condition and are to be paid by the People and not by the King And the Reformation of the Irish is proposed by way of Direction and Advice and doth not make the Bull Conditional Besides Conversion is the effect of Grace and the Act of God for which no Man can undertake and therefore such a Condition would be Impossible and Void However the English have heartily endeavoured to Reform that People and to bring that Noble Country into a general Practice of True Religion and Civility and though we do not boast much of our Success hitherto yet now that it is likely better and more effectual Methods will be used than heretofore we do not doubt but that they will produce suitable Effects But I have spent too much time about these paltry Bulls and therefore I will leave them and proceed to the solid and legal Titles which the Crown of England hath to the Kingdom of Ireland and the first is that of Descent from Eva Daughter of Dermond Mac Morough who was actually King of Leinster and whose Ancestors were Monarchs of Ireland The second is by lawful Conquest in a just War The third is by many solemn Oaths Compacts and Submissions of the Princes Nobility Gentry and People of Ireland The fourth is by several Statutes and Acts of Recognition And the last which alone were sufficient is by above five hundred years Prescription But two Things are to be wondred at Isti Reges non fuerunt ordinati solemnitate alicujus Ordinis nec Vnctionis Sacramento nec jure haereditario vel aliqua propâ—ietatis successione sed vi armis quilibet regnum suum obtinuit Davis 16. First That the Irish who never observed the Right of Succession but dethroned and succeeded one another by force as they were able sometimes the Posterity of Hiber sometimes of Herimon and sometimes the Issue of Ithy getting into the Monarchy should yet complain of Force in others or that Rotherick O Connor who drove Dermond out of Leinster should think it unreasonable that Dermond should drive him out of Connaugh assoon as he could The Second is That any body in Ireland should dispute the English Title to that Island after they and their Ancestors for above five hundred years have been born and bred under the Allegiance of the Kings of England But that which is most strange is Burks Butlers Breminghams Barryes Roch Condon Power Fitzgirald c. That four parts in five of the Inhabitants in Ireland are of English Extraction and have setled there since the Conquest and by vertue of it and yet many of them are so blinded with an ignorant Zeal for Popery that they have endeavoured to cut the Bough they stand on and have Associated with Mr. Sullevan and his Complices to destroy the English Government of Ireland and have been frequently in Rebellions to that purpose not without expressing Inveteracy against the English Name and Nation and all for want of duly considering that thereby they made way for their own Extirpation since the old Irish who say the Country was given them by God would if they had power no more endure the first Conquerors than the last Settlement Sale of Ireland nor allow the Title of the Fitzgiralds the Butlers and the Burks any more than that of the Boyles the Coots or the Clotworthyes I must yet continue this Digression to give an Account of the Complaints that are made against the English Government of Ireland and they are these First That the English profan'd the Churches and Sacred Places and instances Philip of Worcester and Hugh Tyrrel who took a Brass Pan from the Priests of Down and Gerald Earl of Kildare who burnt the Church of Cashel and put it off with a Jest That he would not have done it but that he thought the Archbishop was in it Secondly That Offices of Profit and Places of Trust were mostly given to Englishmen Thirdly That they suffer none of the Potentates to sit in Parliament but such as are qualified by the English Law and therefore the Parliaments are void Vnde deducitur omnia Parliamenta Regum Britannorum authoritate coacta in Hibernia deincepsque more pristino celebranda prorsus inita infirma injusta violenta esse says my Author Fourthly That Benefit of Law is not given but to the Quinque Sanguines so that the Irish are as it were Outlaws in their own Countrey and may be slain as Enemies Lastly The Irish were perswaded to surrender their Estates on promise to re-grant them in a better and more legal Form whereas really they were cheated and the King reserved a Tenure to himself and gave the Irishman only the Possessions and Profits And for these and other Injuries says Mr. Sullevan pag. 61. the English Kings could never enjoy Ireland quietly but were disturbed with many and almost continual Rebellions Little did this Objector think that his
in this great Adversity the Kingdom of Leinster would be lost for ever Fitz-Stephens answered That the English had forsaken their Dearest Friends and Native Soyl for his sake that they had burnt their Ships and had already ventured their Lives in his Quarrel and therefore happen how it would they would live and dye together Be you true to us said he and we will not be false to you Your Royal Courage should contemn these Accidents which will soon be at an End for either Death which is the common Fate will in a little time deliver us with Honour from these Streights or a glorious Victory will place us above all those Difficulties which now seem so terrible Dermond was much encouraged by this Speech however because his Army was much inferior in number to that of his Enemies he did by Fitz-Stephens his Advice retreat to an inaccessible Fastness by Ferns which by plashing of Trees and making Entrenchments he soon rendred impregnable But Rotherick wisely considering the Difficulty of the Attempt and the incertain Events of War tryed severally and apart both Dermond and Fitz-Stephens to persuade them by fair means to an Agreement to Fitz-Stephens he sent Presents in the nature of a Bribe together with Lettâ—rs to this effect THE Britains may not by Law of Arms Hanmer 115. display their Ensigns in Foreign Possessions nor dispossess the Lawful Heirs of their Inheritance but they are with Licence of the Irish to pack Home It is a Blemish to their Nation to give Aid to a shameful Fact Neither may the Lechery of Dermond be mantled under British Cloaks Wherefore depart and forsake him that is forsaken of God and Man and here by my Messenger receive to defray your Charges and transport you to your Native Soyl. But the Monarch was mistaken in the Man for Fitz-Stephens returned this Answer YOur Present I will not accept nor will I break the Faith and Troth I have promised to my Friend Dermond he forsakes not me I will not forsake him neither leave him distressed You speak of Lechery what is that among Martial Men I hear you have Bastards your self To what End is your Embassie If Rotherick give Counsel we need it not if he prophesie we credit not his Oracle if he command as a Prince we obey not his Authority if he threaten as an Enemy a Figg for his Monarchy So finding himself out in his Politicks he prepares to force them to that which he could not persuade them to and to encourage his Soldiers suggests to them That Dermond designed to extirpate the Irish Nation and to that end had brought in the most hateful Enemies they had that he was more cruel than a Beast and no Mercy was to be expected from him that unless this Civil War was by their Valour immediately ended it would prove the Ruine of their Nation that their Enemies were easily to be subdued whilst their Number was few and their Means inconsiderable and that if they lost this Opportunity their Country was lost for ever Dermond in like manner made a Speech to his Followers setting forth That they had Powerful and Brave Assistants the English whose Valour has been approved and that their Faithfulness was undoubted because they had sworn it had burnt their Ships and could expect no Mercy from their Enemies That their Cause was Just in defence of their Prince and Country that Rotherick was a Tyrant had three Wives then alive and eleven Bastards he murthered his Natural Brother was guilty of innumerable Murders Thefts Lyes and Debaucheries and had no other End in all his specious Pretences than the enslaving them and their Children But after all this the Reputation of the English kept Rotherick in Fear and obliged him to continue his Endeavours for Peace and Dermonds Condition and approaching Wants obliged him likewise to make a Peace he never designed to keep any longer than he needs must so by the Mediation of some Good Men they at last came to this Conclusion First That Dermond renewing his Homage should be restored to his Kingdom of Leinster Secondly Lib. P. Lamb. That he should dismiss the English as soon as he was setled But this Article was private Thirdly That his Son Cothurne should be Hostage for performance thereof and as soon as the English were gone then Dermond's Son should be married to Rothericks Daughter The Hostage was accordingly delivered and all quiet when Maurice Fitz-Gerald landed at Waxford with ten Knights twenty Esquires and one hundred Archers with which Recruit Dermond marched to Dublin to reduce that Rebellious City which was without much Resistance surrendred upon Articles and so they renewed their Oaths of Allegiance and gave Hostages for their future Obedience In the mean time Rotherick with his Army went to demand Chief Rent of Danald Prince of Limerick who was Dermond's Son-in-Law but Dermond under-hand procured Fitz-Stephens who stay'd behind him to build his Castle of Carrick near Waxford to step to Danald's Assistance and the Issue was That Rotherick was baffled and forced to return without without his Chieffry With this Success Dermond was encouraged to Higher Designs Hanmer 119. and daily consulted with the English Lib. P. Lamb. how he might recover the Monarchy of Ireland which his Ancestors formerly enjoyed and to which he pretended a Title He offered his Daughter Eva to Fitz-Stephens and Fitz-Gerald and made them many large Promises if they would recruit their Forces and assist in the Design but they were married and could not accept the Offers nor were they able to go through with so great an Undertaking and therefore they advise him to solicit Strongbow once more to so noble an Exploit It seems Strongbow was hindred by the King for upon receipt of Dermond's Letters he went to his Majesty desiring Leave to seek new Territories in Ireland or to be restored to his old Estate in England Campion 59. The King wearied with his Importunity said to him in Passion I wish you were gone Which Strongbow takes for a Licence and away he goes and prepares as fast as he can for his Irish Voyage Before him he sent Reymond Le Gross 1171. with ten Knights forty Esquires and eighty Archers who came in May 1171 and landed at Dondowrough eight Miles east of Waterford and entrencht themselves as well as they could The Waxfordians and their Neighbours to the number of three thousand under Mac-Kelan Prince of Ophelan and O Rian of Odrone came down by Land and Water attack'd the English Hanmer 120 and beat Reymond into his Entrenchment but the English rendred desperate by the Danger made a second Salley and the Enemy being negligently and disorderly scattered they slew five hundred of them and took seventy principal Citizens whom by the Advice of Hervey immediately they drowned Strongbow came on the twenty third of August and landed in the Haven of Waterford 1171. with two hundred Knights and more than one thousand Soldiers
To him immediately repaired the King of Leinster Regan contra Fitz-Stephens Fitz-Gerald and Reymond Le Gross this last was made General of the Field and the next Day goes to assault Waterford by Land and Water after two Repulses Reymond perceived a Cabbin on the Wall propt with Timber on the out-side immediately he caused the Prop to be cut so that the House fell and with it part of the Wall at which Breach the English entred 23 August Regan ransack'd the City and slew every one they found in Arms except O Philim Prince of Decies and one Reginald whom they imprisoned Then was Eva Daughter of the King of Leinster married to the Earl according to the former Capitulations And soon after the Army marched to Dublin through the Mountains of Glandelogh the ordinary Road being guarded or made unpassible by the Dublinians who had again rebelled Dermond hated the Dublinians exceedingly because they had murthered his Father and in Derision buried him with a Dog However at the Intercession of the Archbishop Laurence he treated with them but the Time allotted for the Treaty Regan M. S. being expired Reymond and Miles Cogan took Advantage thereof broke into the City and sack'd it with great Slaughter but Hastalphus the Governour and some of the better sort with their Riches escaped by Sea Miles Cogan being left Governour of Dublin Strongbow 1171. at the Intercession of Dermond invades Meath which he burns and spoils Whereupon Rotherick upbraids Dermond's Perfidiousness and unless he will observe the late Peace threatens to behead his Son Cothurnus who was Hostage thereof Which upon Dermonds surly answer That he would proceed to conquer Connagh his ancient Ineritance was accordingly performed The Archbishop assembles a Synod at Armagh Hanmer 125. to enquire into the Causes of God's Anger which being met and pretermitting the Symony of the Prelates the Ignorance and Negligence of the Priests the Lechery and Exorbitances of the Clergy lay all upon the Laity and concluded That God was offended for selling the English as Bond men and therefore they decree That all the Englishmen be manumis'd But King Henry Hanmer 126. upon the Report of these Victories became jealous of Strongbow and therefore by Proclamation forbids the Transportation of any thing out of his Dominions to Ireland and commands all the English to return before Easter Speed 474. and to stop their farther Proceedings in Ireland on pain of forfeiting their Estates in England Whereupon the Earl used all possible means to appease the King and sent Reymond le Grosse as his Agent to submit his Conquests to his Majesties Pleasure The King who was then in Aquitain gave Reymond very good Words nevertheless he still kept a hard hand on the Adventurers In the mean time Hastulphus 1172. late Governour of Dublin returned about Whitsontide with sixty Ships Regan says 10000. and a smart Party of good Soldiers well arm'd and provided he attack'd the City of Dublin on the east Side thereof Miles Cogan the Governour boldly made a Sally but was beaten back with Loss Which his Brother Richard Cogan perceiving he issued out of the South-gate and came in the Rear of the Enemy which so surprized them that after a small Resistance they were entirely defeated Hastulphus himself was taken and it was designed to keep him Prisoner in Hopes of Ransome but being brought before the Governour he foolishly boasted what he would do at the next Invasion and therefore to prevent it he was immediately beheaded About the Calends of May Dermond Mac Morough King of Leinster died at Ferns 1172. whereupon Strongbow immediately repaired to Dublin to keep that City quiet if possible but by the King 's aforesaid Proclamation he was debarr'd of Supply either of Men or Victuals and thereby was reduc'd to great Distress Rotherick observing Strongbow's weak Condition confederated with Gothred Regan M. S. King of the Isle of Man and all the chief Men of Ireland and having got together thirty Ships and thirty thousand Men they besieged Dublin both by Land and Water whereunto they were encouraged by Laurence Archbishop of that City At the same time the Men of Kensile and the People of Wexford to the number of three thousand besieged Fitz-Stephens in his Castle of Carrig which he was then repairing and fortifying they reduc'd the poor old Britain to the last Extremity Nevertheless his Courage did not fail but with his small Company being five Gentlemen and a few Soldiers he made such a Reisistance that the Besiegers despaired to reduce him by Force and therefore they resolved to make use of a Stratagem which proved effectual at this Time and therefore hath been too often practised in Ireland on other Occasions They brought the Bishops of Wexford and Kildare a Mass-Book the Eucharist and certain Reliques and by them solemnly swore That Dublin was taken and that all the English found therein were slain and that Rotherick was marching towards them to finish the Siege of Carrig and that they in Favour of Fitz-Stephens and in Contemplation of his great Generosity and Valour offered him this Opportunity to put him and his Company on board a Ship that they might safely return into Wales before Rotherick and his enraged Army should arrive The good old Man was wheedled with this Perjury Stainhurst 120. and surrendred his Castle which being done some of his People were perfidiously murthered and himself and the rest were kept in Prison Strongbow was in the mean time reduc'd to great Distress in Dublin his English Soldiers not exceeding the Number of six hundred Regan M. S. nevertheless having no Opinion of the Courage or Integrity of the Irish he refused to mix with them or to admit any of them into his Service except Donell Cavenah Mac Gely and O Carvi but being farther pressed he would have accepted of any Reasonable Conditions he offered to hold Leinster of Rotherick and to become his Man that is to do him Fealty but Rotherick would not hear of any thing but an absolute Surrender Hereupon the Condition of the Irish was secure and that of the English was desperate Rotherick was bathing and solacing himself and his Army in a licentious and loose Posture when Strongbow and his small Garrison resolving to sell their Lives at the dearest rate they could made an unexpected Salley into the Irish Quarters Reymond le Gross with twenty Knights and a small Brigade led the Van Miles Cogan with thirty Knights and his Party followed and Strongbow and Fitz-Girald with forty Knights and the rest of the Garrison brought up the Rear The Consequence of this bold Attempt was an entire Victory for the Irish being surpriz'd and out of Order neither could nor did make any considerable Resistance but were soon put to Flight with the loss of one thousand five hundred Men. The next Day Strongbow marched to Wexford through the Barony of Idrone to relieve Fitz-Stephens amongst the
Fastnesses of that Country at a Place called the Earls Pace he was briskly assaulted by O Rian and his Followers but O Rian being slain by an Arrow shot at him by Nichol the Monk the rest were easily scattered and many of them slain It was here that Strongbow's only Son a Youth about seventeen Years old frighted with the Number and Ululations of the Irish run away from the Battle and made towards Dublin but being informed of his Fathers Victory he joyfully came back to congratulate that Success but the severe General having first reproach'd him with Cowardize caused him to be immediately executed by cutting him off in the Middle with a Sword so great an Abhorrence had they of Dastardliness in those Days that in imitation of the Old Romans they punish'd it with a Severity which how commendable soever it may be in a General was nevertheless unnatural in a Father The Tomb both of Father and Son is yet to be seen in the Body of Christ-Church in Dublin whereon formerly was this bald Epitaph alluding to this Story Nate ingrate Hanmer 147. mihi pugnanti Terga dedisti Non mihi sed Genti Regno quoque Terga dedisti When Strongbow came near Wexford he received the ill News of Fitz-Stephens his Misfortune as also that the Irish had burnt Wexford and were retired to the Island Begory or Betherni and were resolved to kill Fitz-Stephens if they were farther pursued Wherefore he turned aside towards Waterford and march'd to that City where he met Hervy who was returned with Letters from the King wherein the Earl was ordered immediately to repair into England Strongbow presently obeyed and met the King at Newnham near Glocester on his Journey towards Ireland with an Army The Earl behaved himself so dutifully that the King was soon appeased for Strongbow did not only renew his Fealty but did also surrender to the King the City of Dublin and two Cantreds adjoyning and all Forts and Towns bordering on the Sea And on the other side the King was contented that the Earl should enjoy all the rest to him and his Heirs to be held of his Majesty and his Successors and so they marched by Severn-side through South Wales to Pembrook August 1172. and at length embarqu'd at Milford Haven In the mean time O Rorick and the King of Meath took Advantage of Strongbow's Absence in England and Reymond's at Waterford and with their united Forces besieged Dublin But Miles Cogan had the Courage to sally and the Good Fortune to defeat them with the Slaughter of Orourk's Son and many of his Followers On the eighteenth of October Regan M. S. King Henry arrived at Waterford with four hundred Knights and four thousand Soldiers The People of Wexford came with the first to make their court and complimented him with their Prisoner Fitz-Stephens whom the King continued in Prison and smartly chid him for invading Ireland without his Majesties special Licence But this was but a piece of King-craft to ingratiate with the Irish and to get the City of Wexford which Fitz-Stephens was forc'd to part with and to make his humble Submission and then at the King 's second coming to Waterford he was restored to his Liberty and the rest of his Estate To the King at Waterford came Dermond Mac Carthy King of Cork and voluntarily submitted and swore Allegiance He also agreed to pay a certain annual Tribute which being done the King marched to Lismore and thence to Cashel near which on the Banks of the Shure came Daniel O Bryan Prince of Limerick who in like manner submitted and swore Allegiance Whereupon Garrisons were sent to Cork and Limerick and the King returned to Waterford In like manner submitted Daniel Prince of Ossory O Phelin Prince of Decyes and all the great Men of Munster And the King gave each of them a Present and to all of them gracious and kind Reception All the Archbishops Brady 360. Bishops and Abbots of Ireland came unto the King of England at Waterford and received him as King and Lord of Ireland and sware Fealty to him and his Heirs and from every Archbishop and Bishop he received a Chart by which they acknowledged and constituted him King and submitted unto him and his Heirs as their Kings for ever And according to their Example the foresaid Kings and Princes received him as King and Lord of Ireland and became his Men and swore Fealty to him and his Heirs against all Men. These Charters were transcrib'd and the King sent the Transcripts to Pope Alexander who confirm'd by Apostolick Authority to him and his Heirs the Kingdom of Ireland according to the Form of those Charters as aforesaid The King left Robert Fitz-Barnard and his Houshold at Waterford and marched to Dublin through Ossory by the way he received the Submissions of the Prince of Ossory O Carol O Rurk O Chadess O Toole and several others but Rotherick the Monarch came no nearer than the Shannon-Side where Hugh de Lacy and William Fzadeline by Commission received his Oath of Allegiance and agreeed with him for a Tribute and as the rest did he likewise gave Hostages for his Performance so that there was no Prince or great Man in any part of Ireland except Vlster but by his Deputies or in Person did submit to the King Then did the King command to assemble a Synod at Cashel whereunto the Archbishop of Armagh consented afterwards though by reason of his great Age he was not present at the Synod Where after Christmas appeared Christianus Bishop of Lismore the Pope's Legate Donagh Archbishop of Cashel Laurence Archbishop of Dublin and Catholicus Archbishop of Tuum with their Suffragans and Fellow Bishops with divers Abbots Archdeacons Priors Deans and other Prelates And the King sent thither Ralph Abbot of Buldewais Ralph Archdeacon of Landaff Nicholas the Chaplain and divers other good Clerks and they made these following Canons First Cambrensis cap. 35. It is Decreed That all Good Faithful and Christian People throughout Ireland should forbear and shun to marry with their near Kinsfolk and Cousins and marry with such as lawfully they should do Secondarily That Children shall be Catechiz'd without the Church Door and Baptiz'd in the Font appointed in the Churches for the same Thirdly That every Christian Body do Faithfully and Truly pay yearly the Tithes of his Cattle Corn and other his Increase and Profits to the Church or Parish where he is a Parishioner Fourthly That all the Church-Lands and Possessions throughout all Ireland shall be free from all Secular Exactions and Impositions and especially that no Lords Earls or Noblemen nor their Children nor Family shall extort or take any Coyn and Livery Cosheryes nor Cuddyes nor any other like Custom from thenceforth in or upon any of the Church-Lands and Territories And likewise That they nor no other Person do henceforth exact out of the said Church-Lands Old Wicked and Detestable Customs of Coyn and Livery
which they were wont to extort upon such Towns and Villages of the Churches as were near and next bordering upon them Fifthly That when Earick or Composition is made among the Lay-People for any Murther That no Person of the Clergy though he be kin to any of the Parties shall contribute any thing thereunto but as they be guiltless from the Murther so shall they be free from Payment of Mony for any such Earick or Release for the same Sixthly That all and every Good Christian being Sick and Weak shall before the Priest and his Neighbours make his last Will and Testament and his Debts and Servant's Wages being paid all his Moveables to be divided if he have any Children into three Parts whereof one Part to be to the Children another to his Wife and the third Part to be for the Performance of his Will And if so be he have no Children then the Goods to be divided into two Parts whereof the one Moyety to his Wife and the other to the Performance of his Will and Testament And if he have no Wife but only Children then the Goods to be likewise divided into two Parts whereof the one to himself and the other to his Children Seventhly That every Christian being Dead and dying in the Catholick Faith shall be reverendly brought to the Church and to be buried as appertaineth Finally That all the Divine Service in the Church of Ireland shall be Kept Used and Observed in the like Order and Manner as it is in the Church of England For it is Meet and Right That as by God's Providence and Appointment Ireland is now become Subject and under the King of England so the same should take from thence the Order Rule and Manner how to Reform themselves and to Live in better Order For whatsoever Good Thing is befallen to the Church and Realm of Ireland either concerning Religion or peaceable Government they owe the same to the King of England and are to be thankful unto him for the same For before his coming into the Land of Ireland many and all sorts of Wickedness in Times past flowed and and reigned among them all which now by his Authority and Goodness are abolish'd And so says Cambrensis they having owned the King Supreme in Church and State he confirmed their Canons by his Royal Authority And it seems to me That at the same Synod the King declared his Pleasure to govern Ireland by the Laws of England Whereto they consented and swore Obedience accordingly for thus my Author phrases it Leges Angliae sunt ab omnibus gratanter receptae juratoria cautione praestita confirmatae Temple 5. And though others say This was done at a Synod Matth. Paris held about this Time at Lismore Yet I rather believe That the Bishop of Lismore his presiding at Cashel as he did being the Pope's Legate gave rise to the Mistake of the Place than that there should be two such famous Synods celebrated in the same Province in one Year But however that be this is certain That the King soon after his return into England caused an antient Treatise 4 Inst. 12. called Modus tenendi Parliamentum to be transcribed in a Parchment-Roll and to be sent into Ireland for their better Instruction The King kept his Christmas at Dublin in as great State as that Place would admit of for there was not any House to be found there that was capable of his Retinue and therefore he was necessitated to build a long Cabin with smooth'd Wattles after the Fashion of the Country and almost in the Nature of a Tent which being well furnished with Plate Housholdstuff and good Chear made a better Appearance than ever had been seen in Ireland before that Time and accordingly it was admired and applauded by the Irish Potentates who flocked thither to pay their Duty to the King But it was Time for Henry to mind his Foreign Affairs and therefore in order to his return to England he went to Wexford and there he staid almost three Months during which Time the Weather was so tempestuous that Ships durst not adventure to Sea so that the King could neither get to England nor receive any Intelligence from thence At length after Mid-Lent a Vessel arrived with the bad News of the King's Sons being in Rebellion and of the coming of the Pope's Legates to Interdict the Kingdom for the Murder of Becket He was also distressed in Ireland by the Plague which raged in his Army and by the want of Victuals which now began to be very scarce and dear so that he was necessitated to hasten to England although he was much troubled to leave Ireland in that unsetled Condition and without some Castles and Fortresses which he design'd and thought necessary for its Conservation But the Kings Jealousie was not so much of the Irish as it was of Strongbow whose Reputation and Interest were very great And therefore to ballance him the King raised several Grandees and gave them large Portions of Land together with great Jurisdictions and Priviledges particularly he gave Vlster to the famous John de Courcy and Meath to Hugh de Lacy and left Lacy with twenty Gentlemen and Robert Fitz-Stephens and Maurice Fitz-Girald with twenty more Governours of Dublin Waterford was committed to the Care of Humphry de Bohun Robert Fitz-Barnard and Hugh de Gondeville who had twenty Gentlemen to attend them and William Fitz-Adelme Philip of Hastings and Philip de Bruce had the like number of Gentlemen to keep Wexford And so in the Morning on Easter-Monday the King went on Board and was by Noon the same Day landed at S. Davids in Wales He left Hugh de Lacy Chief Governour Some call him O Râ—â—â—k or Lord Justice of Ireland who kept his Residence at Dublin and thither came to him O Mlaghlin of Meath to complain of some Hardships and Inconveniences he pretended to suffer in that Country or rather to adjust Matters between them about their respective Interests and Estates in Meath for he desired a Parly at the Hill of Taragh To which Lacy very readily consented And so after reciprocal Oaths for each others Safety 1173. they met at the Time and Place appointed O Mlaghlin had treacherously prepared an Ambush and when he found his Opportunity he gave them the Signal and upon their Approach he with a Pale Grim Countenance and with a Spar in his Hand made up to Lacy and assaulted him But it happened That one Griffith the Night before the Parly had dreamt That a parcel of Hogs fell upon Lacy and had killed him if he had not slain the great Boar This Dream being told to Maurice Fitz-Girald he gave such regard to it as Superstitious Men commonly do to such Whimsies and believing that it did forbode some Danger to Lacy he caused Griffith and six more secretly to arm themselves and to ride near the Place of Parley as it were for Pleasure and to be ready
to raise a Monarchy for himself Whereupon he was recalled and the Government committed unto John Constable of Cheshire May 1181. Baron of Halton-Castle and Richard de Peach Lord Bishop of Coventry Lords Justices of Ireland But they continued in that Dignity but three Months for Lacy behaved himself with that Discretion and Modesty and gave the King such Satisfaction in all Matters objected against him That Hugh de Lacy August 1181. Lord Justice was again sent over with Robert of Shrewsbury a Clergy-man his Assistant and about the same time the famous Courcy also returned being Dignified with the Titles of Lord of Connaught and Earl of Vlster and accompanied with his Brother S. Laurence There were some who reported That these two fought a successful Battle with the Irish Brady 367. at the Bridge of Ivora near the Hill of Hoath where the Valour of S. Laurence was so conspicuous that it got him both the Land and Title of Hoath which last continues to this Day in his Name and Family We left Cogan and Fitz-Stephens in the peaceable Enjoyment of their Kingdom of Cork but we shall not find them so for Cogan and young Fitz-Stephens at the Persuasion and Invitation of one Mac Tirid made a Journey to Lismore to treat with the Men of Waterford about some Controversies that were between them they were to lodge at Mac Tirid's House but he perfidiously took his Opportunity and unexpectedly fell upon them and murdered them and five of their Company Immediately the whole Country was up in Arms and conspired a general Rebellion Donald More in Curraugh Mac Carthy whom the Irish still called King of Cork got his Forces together and laid Siege to the City not doubting but that he had now a favourable Opportunity to expel the English thence The Poor Old Fitz-Stephens was in a sad Condition distressed by Enemies without and Suspicions of Traytors within he had no Hopes of Relief or Assistance saving only from Reymond le Gross who lay at Wexford to him a Messenger was sent and without Delay put to Sea with twenty Gentlemen and one hundred Archers and entred the River of Cork whereupon the Enemy dispersed and all was set at Rights again Nevertheless as soon as the King heard of the aforesaid Treachery he sent Richard Cogan Philip Barry Giraldus Cambrensis and a Good Party of Horse and Foot to help Fitz-Stephens by their Assistance the City and Kingdom of Cork were kept in Quiet for some Time but the Old Fitz-Stephens had but little Benefit of it for being much broken with Age and Misfortunes he first lost his Senses and not long afterwards his Life But Lacy the Lord Justice was again become suspected for as he grew Great his Enemies grew Envious and the King Jealous so that he was once more sent for and Philip of Worcester September 1184. Lord Justice or Governour of Ireland came over with a smart Party of Horse and Foot he also brought with him Hugh Tirrel a Man of ill Report He was not long in the Government before he seized on the Lands of O Cathesie to the King's Use though Lacy had formerly sold them He also went a Circuit to visit the Garisons and in March came to Armagh where he exacted from the Clergy a great Sum of Mony thence he went to Down and so to Dublin loaden both with Curses and Extortions Tirrel took a Brewing-Pan from the poor Priests at Armagh and carried it to Down but the House where he lay was burnt and so were also the Horses in the Stable so that he was fain to leave the Pan for want of Carriage and Philip had a severe fit of the Gripes like to cost him his Life both which Punishments they say were miraculously inflicted upon them for their Sacrilege In July came over John Comin Archbishop of Dublin to prepare for the King 's youngest Son John Earl of Moreton to whom the Kingdom of Ireland was assigned towards his Portion Brady 369. Some say that he was made King of Ireland at the Parliament held at Oxford 4 Inst 360. anno 1177. his Father having obtained Licence from the Pope to make which of his Sons he pleased King thereof saving to the See of Rome the Peter-pence and the rest of its Rights And it seems Pope Vrban the Third sent Cardinal Octavianus and Hugo de Nunant his Legates to crown John King of Ireland and by them sent him a Crown of Peacocks Feathers But King Henry better considered of that matter and either because he would not seem to derive his Son's Title from the Pope or because he was loath to trust his Son with that Royal Stile having already suffered by the like Indulgence to his eldest Son or because he saw it Inconvenient and Illegal to separate Ireland from the Crown of England It is certain he found means to carry the Legates with him into Normandy and thereby prevented that once designed Coronation So that the Impression of the Great Seal of Ireland was no more than this Johannes Filius Regis Angliae Speed 478. Domini Hiberniae Earl John was then about twelve Years old when on Wednesday in Easter-week 1185. anno 1185 with about four hundred Gentlemen most Normans some Clerks and particularly Giraldus Cambrensis and a great Company of others he took Shipping at Milford-Haven being accompanied to the very Ship by Randulph Glanvile principal Counseller of the King and Kingdom and Justiciary of England The Irish Potentates flock'd to their new Prince but their Trouses and Mantles their Glibbs and Behaviour were derided by the Normans who used them scurrilously one pats the Irish Prince on the Pate another pulls him by the Mantle a third pricks him in the Breech with a Pin a fourth shuts the Door upon his Heels every Body abuses them Wherefore away they get as fast as they can and every-where publish'd the Ill Usage they received at Court Rotherick O Conner Mac Carthy and O Bryan were then preparing for their Journey but upon this News they better considered it and confederated to raise a general Rebellion There were many Reasons why Earl John's Voyage to Ireland was not successful The Superstitious People observ'd That he had not pay'd his Devotions at S. Davids before he imbarqued and attributed it to that Others blamed him and his Followers more for their Rude and Ungenteel Abuse of the Irish Lords and Gentlemen Others imputed all to the Debauchery of the Soldiers who by the example of their Captains were grown Idle and Insolent Wherein they were the more indulged because they were ill paid To these may be added the Litigiousness of the Natives in Towns and Cities who were perpetually wrangling with and suing such new Inhabitants as came to settle among them But there was a greater Cause than all these which arose from the different Interests then in Ireland which inâ—luenced the Normans English Welch and the Natives The Normans were most in
Favour and consequently luxurious they always followed the Court and hated to be put in Frontier Garrisons or Places of Danger They were says Cambrensis great Talkers Boasters and Swearers very Proud and Contemners of all others greedy of Places of Places of Honour and Profit but backward in undertaking any hazardous and dangerous Action or performing any Service that might deserve them Moreover many of the English and Welch were dispossest of their best and safest Castles to make Room for the Normans and forc'd to take others in Exchange on the Frontiers by which means they were impoverish'd and discourag'd Add to this That several of the faithful Irish who had submitted to the English Government and lived within their Quarters and thereby became acquainted with the English Conversations Humors Strength Policies Seats and Habitations were likewise dispossess'd to make Room for the Normans and thereby forced to revolt to the Irish and became the most Dangerous of all the Enemies as being most Knowing and most Provok'd And thus it came to pass that after Earl John had wasted his Army in small and unprofitable Skirmishes and had staid eight months and done no other Good than that he built the Castle of Tybrach perhaps Typerary Lismore and Ardfinin the King sent for him and his Beardless Counsellors and in his Room substituted John de Courcy Earl of Vlster Lord Lieutenant of Ireland he brought over with him about four hundred Volunteers 1185. September And soon after his arrival he made a Progress into Munster and Connaught to put those Countries in order but it seems he fell into an Ambush or had some Skirmish with the Irish for it is said That he lost twelve Knights in his Return from Connaught 1186. On Midsummer-day the Prime of Limerick slew four Knights and a great part of the Garrison of Ardfinin And soon after by a Slight drew that Garrison into an Ambush by exposing a Prey to their View which they thought to have taken but he fell upon them and surprized and slew most of them But the Irish had not so good luck in Meath where they of Kenally had made Incursions and taken a Prey for William Petit rescued the Prey defeated them with great Slaughter and sent an hundred of their Heads to Dublin Old Lacy was now busie building his Castle of Derwath and himself working with a Pick-ax for Diversion when one of the malicious and ungrateful Workmen took the Opportunity whilst he was stooping Cambden 151. and with another Pick-Ax knock'd out his Brains And it seems there was an Insurrection thereupon for it is said That Courcy and Young Lacy revenged the Murder and reduced all things to quiet But it seems afterwards there grew some Distast between Courcy and Lacy so that Lacy who was the better Courtier supplanted Courcy who was the better Soldier and got himself into his Room This Courcy came from Stoke-courcy commonly call'd Stogussy in the County of Somerset I find that Robert de Courcy was made a Baron at Westminster 33 Henry 1. but whether he was the Ancestor of this Family I will not determine This Earl of Vlster had a natural Son John Lord of Kilbarrock and Raheny who was murdered by the Lacyes so that it is the Brother of this Earl John that was the Ancestor of the Noble Family of Courcy Lord Baron of Kingsale In the mean time King Henry died in Normandy on the sixth Day of July 1189. He was so well pleased with the Conquest of Ireland Davis 11. that he placed the Title of Lord of Ireland in his Royal Style before his Hereditary Estates of Normandy and Aquitain Baron Finglas M. S. And yet that Country was at that Time so inconsiderable or so little improv'd that there were not five Castles or Piles for Defence of Irish building in the whole Kingdom Dublin Cork and Waterford were built by the Easterlings and all the rest have been built since the Reduction of Ireland This King was both Wise and Valiant he was also Generous to the highest Degree so that he deserved to be ranked among the bravest Princes of that or any other Age and perhaps had made as great a Figure in History as any of them if the Undutifulness of Becket and the Rebellion of his own Sons had not interrupted his Designs However there are some who will never forgive him the Conquest of Ireland and therefore do load his Memory with many Malicious Aspersions equally Ridiculous and False Polichronicon l. 7. c. 21. They say his Grandmother could not endure the Mass and that her Husband ordered four Knights to hold her by Force whilst the Priest was celebrating but in spight of them she flew out of the Window with two of her Sons and was never seen after And that 't is no Wonder they that come of the Devil should go to the Devil And that King Henry's Embassador urging the King's Son to have Peace with his Father was answered That it was Natural to their Brood to hate one another That Henry was a Bastard and that S. Bernard the Abbot prophesied of him That from the Devil he came and to the Devil he should go That his Father had gelded a Bishop and that himself had murdered S. Thomas of Canterbury That his Father had Carnal Knowledge of Henry's Queen Elianor and abundance more of such silly Stuff THE REIGN OF John Earl of Moreton LORD of IRELAND Afterwards King of England Duke of Normandy c. RICHARD I 1189. for his Valour Sirnamed Ceur de Lyon by unquestionable Right Succeeded his Father on the Throne of England and was crowned at Westminster the third Day of September 1189 but his Style was no more than Speed 482. Rex Anglor dux Normannor Acquitan comes Andegavor For John Earl of Moreton youngest Son of the deceased King by virtue of the aforesaid Donation at the Parliament at Oxford anno 1177 succeeded his Father in the Sovereignty of Ireland And therefore we find the Pope's Legate had Commission to exercise Jurisdiction in Anglia Davis 19. Wallia illis Hiberniae partibus in quibus Johanes Comes Moretonii potestatem habet dominium For tho' it be a Fundamental Maxim of State That Ireland must not be separated from the Crown of England And tho' it be also an undoubted Maxim of Law That the King cannot alien any part of his Dominions yet neither of these were thought to be transgressed by the aforesaid Donation because it was made to the King's Son whose Interest and Expectations in England were thought to be sufficient Security for his Good Behaviour What Controulment Earl John might have met with in the Soveraignty of Ireland if the King Richard had been at Leisure to inspect that Matter is incertain But it is manifest That the King was so taken up with his Voyage to the Holy Land and so embarassed by the unfortunate Consequences of it that he never did
take any notice of Ireland and therefore we take no further notice of him than to give this brief Account of the Reason of our Silence in that Particular Hugh de Lacy was made Lord Justice of Ireland as aforesaid And as soon as he arrived he sent Imperious Letters to Courcy to discharge him of his Command and behaved himself so insolently that all was in Disorder Which the Irish perceiving and also that the King of England was preparing for a Voyage to the Holy Land they thought this an happy Opportunity to extirpate the English to which End they had a General Meeting and resolved unanimously to fall upon them Hanmer 169. and in order to it they entred into a League or Association and solemnly swore First To be true to one another and to the common Cause Secondly Never to yield any Obedience to the English again Ibid 162. And to begin the Business they fell upon Roger Poer Governour of Leighlin and barbarously murdered him and most of the Garrison Cormock O Connor Son of Rotherick King of Connaught commonly called Crove Darig because his Hand was red was the chief of the Conspirators he was an Active Valiant Gentleman and of so great Reputation that he was able to assemble twenty thousand Men of his own and the Confederates with which Army he designed first to clear Connaught then Vlster and afterwards the whole Kingdom In the mean Time Courcy Lord of Connaught and Earl of Vlster considering that he should have no Aid nor Help from the Lord Justice endeavoured to strengthen himself the best he could and to that End sent for his Brother S. Lawrence who made more Haste than good Speed for he came away with thirty Horse and two hundred Foot and at Knockmoy in the County of Galway fell into an Ambush the King of Connaught had laid for him and tho' they fought so valiantly that they killed one thousand Irish Men yet the Issue was That this small Army was totally destroyed not one escaping And tho' O Connor in Remembrance and Ostentation of this Victory did there build the Abbey de Colle Victoriae yet when he had well considered the prodigious Valour of that Handful of Men and his own Loss he thought himself necessitated to sue to Lacy for Peace which he soon obtained upon reasonable Conditions About this Time Robin Hood and Litle John were Famous Robbers in England but their Company being dispersed and Robin Hood taken Litle John fled to Dublin and shot an Arrow from Dublin-Bridge to the litle Hill in Oxman-Town thence called Litle John's Shot He was called Litle John Ironically for he was not less than fourteen Foot long believe it who will Hector Boetius affirms The Hole of his Huckle Bone was so big that he could thrust his Hand through it He fled from Dublin to Scotland where he dyed This Year Isabel 1189. only Daughter of Strongbow by Eva Prencess of Leinster was married to William Lord Maxfield Earl Marshal of England He was a great Favourite to King Richard and at his Coronation carried the Regal Scepter whereon was a Cross of Gold He was afterward by King John Hanmer 177. created Earl of Pembrook and had five Sons who were successively Earls and all died without Issue and he had five Daughters among whom his Estate was divided viz. to Joan the County of Waxford to Matilda the County of Caterlough to Isabel the County of Kilkenny to Sybilla the County of Kildare and to Eva the Mannor of Downmass in Leix now the Queen's County in all which they exercised Palatine Jurisdiction Of this Family Thomas Mills in his Catalogue of Honour gives this Account That Richard Earl of Chepstow was nick-named Strongbow because of his exceeding Strength so that he drew an traordinary Srong Bow his Arms were so long that he could stand upright and with the Palms of his Hands touch his Knees That his Daughter Isabel was fourteen Years a Ward to Henry II That her Husband William Earl Marshal was created Earl of Pembrook 27 May 1199 and that she dyed anno 1221 and was buried at Tintern Abbey and that he dyed 16 March 1219. They had five Sons and five Daughters William married Elianor Sister of Henry III and died the sixth of April 1231. Richard died the sixteenth of April 1234. Gilbert married Margaret Daughter of William King of Scotland 1235 and died by a fall from his Horse the twenty eighth of May 1242. Walter died 1245 in Wales and Anselm died the same Month viz the twenty first of December Maud successively married Hugh Earl of Norfolk William Earl of Warren and Walier Lord Dunstanvil Joan married Warren Lord Montchensy the richest Baron in England Isabel married Gilbert Earl of Glocester and afterwards Richard Earl of Cornwal King of the Romans Sybil married William Earl of Ferrers and Darby and Eve married William de Brees Lord of Brecknock and Partition was made between these Noble Coparceners at Woodstock Lib. G. May 3. 31 Hen. 3. About this Time 1190. viz. Anno 1190 the City of Dublin was burnt by Accident 1191. so that it was almost totally destroyed and the Kingdom was governed by William Petit Burlace 11. who held it a very short Time before William Earl of Pembrook and Earl Marshal of England came over Lord Justice or Governour of Ireland he was the third of the Temporal Assistants King Richard had left to the Bishop of Ely for the Government of England he was a Valiant Man and had a great Estate in Ireland 1191. and therefore was thought the fittest Governour for that Country in this Critical Time whilst King Richard was Prisoner in Austria and Earl John was engaged in Troublesome and Ambitious Designs in England In the Year 1194. the Reliques of S. Malachy Bishop of Clareval Cambden 151. were brought into Ireland and with great Reverence and Devotion deposited in the Abby of Mellifont and other the Monasteries of the Cistersian Order It seems the Reputation or Power of this Noble Governour was sufficient to keep Ireland quiet 1197. for we read of little or no Disturbance there during his Time which was about six Years And then he resign'd to Hanno de valois a Gentleman of Suffolk Lord Justice of Ireland who continued in that Government until the Death of King Richard which happened at Chalons in France on the sixth Day of April anno 1199. John Earl of Moreton and Lord of Ireland did on the Death of King Richard without Title ascend the Throne of England Hubert Archbishop of Canterbury was a great assistant to this Usurpation he told the People That John had the Crown by Election which the King did not then gain-say it being no fit Time to dispute the MANNER so he had the THING he aimed at but the Right was in his Nephew Arthur whom he afterwards got into his Hands and caused him him to be murdered as was at that Time generally reported
and believed Camden's Annals he was crowned on Ascension-Day by the said Archbishop 1199. at Westminster with great Solemnity and not long after he was girt with the Ducal Sword of Normandy by William Archbishop of Roan Hanno de Valois Lord Justice continued so the first Year of King John but then he fell into such Disgrace that he was not only remov'd from his Government Libb GGG but also was obliged to give the King a thousand Marks Lamberh for his Favour and for a Discharge of his Accounts about Ireland And Meyler Fitz-Henry 1200. Natural Son of King Henry I by Nesta Mother of Maurice Fitz-Gerald 1202. was made Lord Justice in whose Time May 4. 1202. King John granted that is confirmed the Archbishoprick of Armagh to Humphry de Tickhul but Ralph le Petit Archdeacon of Meath pretended that the Election fell on him and resolved to contest it with Tickhul 1203. In the mean Time the Pope appointed one Owen mac Gillevider but the King was so angry with him that he prohibited all the Clergy from owning him as Archbishop And to prevent him the King on the Death of Tickhul Ware de Presul 17. anno 1203. confirmed Ralph le Petit in the Archbishoprick Nevertheless Owen so managed the Matter that he enjoyed the Archbishoprick and was restored to the King's Favour He had the Character of an Honest and Worthy Prelate and was present at the Lateran Council in Quality of Primate of all Ireland The King had given to William de Braos and his Heirs the Honour of Limerick with the Appurtenances as Henry II gave it to Philip Unkle of William except the City of Limerick and the Donation of Abbies and Bishopricks the Cantred of the Oastmens and the Holy Island and the Services of William de Burgo which the King retained to be held by sixty Knights Fees But I do not find that William de Braosa had any great Benefit of this Grant for being a bold and a generous Man and abhorring the Murder of Duke Arthur the King's Nephew which he verily believed was done by the King's Command as did likewise John de Courcy they both spoke more than came to their Share And thereupon Braosa fled into Ireland with his Wife and Children from whence he afterwards removed to the Isle of Man and thence to France where he dyed but she and her Son were taken in a Castle in Meath Speed 508. and tho' she sent the Queen a strange Present of four hundred Cows and a Bull all White but their Ears which were Red yet that could not make her Peace but that she and her Son were sent Prisoners to Windsor where they were starv'd to Death as was said And as for Courcy the King to mortifie him appointed his Inveterate Enemy and Competitor Hugh de Lacy 1203. Lord Justice of Ireland and gave him Order to arrest Courcy and send him Prisoner to England But Courcy had some Intelligence or at least Jealousie of the Design and therefore kept upon his Guard so cautiously that Lacy could not surprize him Wherefore he levied an Army and invaded Vlster at Down both Parties met and the Valiant Courcy sent Lacy back with Blows and Shame enough After this Bloody Victory Courcy offered the Combat which the Lord Justice in his Politick Capacity refused to undergo against a Subject and a Traytor wherefore he took a wiser Course and by his Proclamation offered a large Reward to him that should bring in Courcy alive or dead But this not taking effect he dealt with some of Courcy's Servants to seize their Master on Good-Friday whilst unarmed he should be doing Penance and walking Bare-foot about the Church-Yard of Down as he was wont to do every Year They undertook the Matter and effected it with the Slaughter of two of the S. Lawrences who attended their Unkle Courcy that Day But the Traytors paid dear for their Perfidiousness for Courcy with a Wooden Cross which he got in the Church-Yard killed thirteen of them and the rest were sent by the Lord Justice into England with this Pasport which they were obliged not to open till they were in Necessity of it I Hugh de Lacy Lord Justice of Ireland Servant to my dread Sovereign Lord King John To all them that shall read these few Lines greet Know ye That these Men whose Names are underwritten sometimes served Sir John de Courcy late Earl of Ulster but now in Durance in the Tower of London and for a Sum of Mony betraied their own Master into my Hands I deem them no better than Judas the Traytor How hardly soever I have conceived of Courcy I hold them to be a thousand times more damnable Traytors Wherefore let no Subject in the King's Dominions give them any Entertainment but spit in their Faces and suffer them to rogue and wander about as Jews The Lord Justice provided a Barque and Victuals for them but denyed them Pilots or Seamen so that being sufficiently tossed at Sea they were driven into Cork and were there taken and afterward hanged by Order of Lacy who shewed himself Generous in this one thing That though he loved the Treason he hated the Traytor And thus was the Valiant Courcy condemned to perpetual Imprisonment in the Tower of London and that Lacy might personally solicit a Reward for this great Service he had leave to come to Court And Myler Fitz-Henry was again made Lord Justice April 3. 1205. The Historians of that Age make honourable Mention of him He died Anno 1220. and was buried in the Abby of Conal which himself had founded and on his Tomb was this bald Epitaph Conduntur Tumulo Meyleri Nobilis ossa Indomitus Domitor totius Gentis Hibernae But Hugh de Lacy's Services were so well accepted in England May 2. 1205. that the King gave him the Earldom of Vlster as fully as Courcy held it the day he was taken except the Donation of Bishopricks and Abbies and because the King had occasion of Lacy's personal Attendance in England therefore he gave Charge to the Lord Justice to defend and preserve Lacy's Lands as he would the Demesnes of the Crown On the 30th of August Lib. GGG 6. A Writ was sent to the Lord Justice commanding him to build a strong Castle at Dublin to defend that City and to preserve the King's Treasure and the Second of November following the King by Writ commanded Walter de Lacy to put Limerick into the Lord Justice's hands because without it he could neither keep the Peace in Cork nor Connaught The same Year the King of Connaught releas'd two Parts of that Country 1206. retaining the Third at the yearly Rent of an hundred Marks and the next Year offered to continue Tenant to the same Third part at the aforesaid Rent of one hundred Marks per Annum to be held per Baroniam and to pay a yearly Tribute of three hundred Marks per
the first and third Year of his Reign he did confirm them and in the eleventh Year he sent the following Writ which I recite at large because I find it curtail'd both in Calvin's Case and my Lord Cooks first Institutes 141. b. And what else King Henry did in this Matter shall be mentioned in the Account of his Reign REX Lib. GGG c. Baronibus militibus aliis libere tenentibus Lageniae salutem c. Satis ut credimus vestra audivit discretio quod cum bonae Memoriae Johannes quondam Rex Angliae pater noster venit in Hiberniam ipse duxit secum viros discretos legis peritos quorum communi consilio ad instantiam Hibernensium statuit praecepit Leges Anglicanas teneri in Hibernia ita quod leges easdem in scriptis redactas reliquit sub Sigillo suo ad Scaccar Dublin Cum igitur Consuetudo Lex Angliae fuerit quod si aliquis desponsaverit aliquam mulierem sive viduam sive aliam haereditatem habentem ipse postmodum ex ea prolem suscitaverit cujus clamor auditus fuerit infra quatuor parietes idem vir si supervixerit ipsam Vxorem suam habebit tota vita sua custodiam Haereditatis Vxoris suae licet ea forte habuerit Haeredem de primo viro suo qui fuerit plenae aetatis vobis mandamus injungentes quatenus in loquela quae est in Cur. Wilm Com. Maresc inter Mauritium Fitz-Gerrald petent Galfridum de Marisco Justiciarium nostrum Hiberniae tenentem vel in alia loquela quae fuerit in casu praedicto nullo modo justitiam in contrar facere presumatis Teste Rege apud W. decim Decemb. And thus King John having exceeding well acquitted himself in Ireland and thereby in a great measure attoned for Miscarriages of his former Voyage he departed thence on the thirtieth Day of August 1210. having first appointed John Gray Bishop of Norwich Lord Justice who kept the Kingdom in so good Order that he was able to spare three hundred Foot besides Horse 1211. to aid the King in France where they did good Service and yet most of them safely returned to Ireland About this Time happened the famous Story of John de Courcy 1212. which I will give you in the very Words of Hanmer because he expresses it much better than it is in Cambden's Annals Not long after Hanmer 184. there fell some Difference between John King of England and Philip King of France for the Right of some Fort in Normandy who to avoid the shedding of Christian Blood agreed of each Side to put it to a Combat Of King Philip's part there was a French-man in Readiness King John upon the sudden wist not what to do for a Champion to encounter with him at length one attending upon his Person enformed him That there was one Courcy in the Tower of London the only Man in his Dominions if he would undertake it to answer the Challenge King John joyful of this sent the first yea the second and third Time promising large Rewards and rich Gifts and that it stood him upon as far as the Honour of his Crown and Kingdom did reach to make good the Combat Courcy answered very frowardly the which was taken in good Part in regard of the urgent Necessity That he would never fight for him neither for any such as he was That he was not worthy to have one Drop of Blood spilt for him That he was not able to requite him the Wrongs he had done him neither to restore him the Hearts-Ease he had bereav'd him of Yet notwithstanding all the Premises he was willing and would with all Expedition be ready to venture his Life in Defence of the Crown and his Country Whereupon it was agreed He should be dyeted apparelled and armed to his Content and that his own Sword should be brought him out of Ireland The Day came the Place appointed the Lists provided the Scaffolds set up the Princes with their Nobility of each Side with thousands in Expectation forth comes the French Champion gave a turn and rests him in his Tent They sent for Courcy who all this while was trussing of himself about with strong Points and answered the Messengers That if any of their Company were to go to such a Banquet he would make no great haste However forth he comes gave a Turn and went into his Tent. When the Trumpets sounded to Battle forth came the Combitants and viewed each other Courcy beheld him with a wonderful stern Countenance and passed by The French-man not liking his grim Look the strong Proportion and Feature of his Person stalked still along and when the Trumpets sounded the last Charge Courcy drew out his Sword and the French-man ran away and conveyed himself to Spain Whereupon they sounded Victory the People clapt their Hands and cast up their Caps King Philip desired King John That Courcy might be called before them to shew some Part of his Strength and Manhood by a Blow upon a Helmet it was agreed a Stake was set in the Ground and a Shirt of Male and a Helmet thereon Courcy drew his Sword looked wonderful sternly upon the Princes cleft the Helmet Shirt of Mail and the Stake so far in that none could pull it out but himself Then the Princes demanded of him What he meant to look so sowerly upon them His answer was If he had missed his Blow upon the Block he would have cut off both the Kings Heads All that he said was taken in good Part and King John discharged him of all his Troubles gave him great Gifts and restored him to his former Possessions in Ireland It is written further That hereupon he sailed into England came to Westchester offered himself to the Sea and was put back again fifteen times by contrary Winds which rose upon a sudden to the English Shore And in the Book of Houth it is delivered That upon every Repulse the Night following he was admonished in a Vision Not to attempt the Seas for to sail into Ireland and that he should never set Foot upon any Land there and withal that the Reason was yielded thus Courcy thou hast done very ill for thou hast pulled down the Master and set up the Servant for he had translated the Cathedral Church and the Prebendaries of the Blessed Trinity in Dune into an Abbey of Black Monks brought thither from Chester and consecrated the same to the Honour of S. Patrick Whereupon remembring himself That he had done very ill in taking the Name from God and giving it to a Creature he gave Sentence upon himself That he was worthily punished and immediately he altered his Course went into France and there died But 't is Time to return to our Lord Justice who was sent for into England and ordered to leave the Government in the Hands of Henry de Londres Archbishop of Dublin Lord Justice July 23. he had
publickly opposed the King's Alienation or Resignation of his Dominions to the Pope 1213. He governed the Kingdom very well but at the end of two Years he went to Rome either to solicit Aid for the King against the Barons or to be present at a General Council He left Geofry de Marisco 1215. Lord Keeper of Ireland to whom nevertheless Sir Edmond Butler was Assistant or Coadjutor It was about this Time the Citizens of Dublin obtained a Licence to build a Bridge over the Liffy where they pleased And not long after they also got a Fee-Farm of the City of Dublin from the King at a certain Rent but I take that to have been anno 1217. and if so the King here meant must be Henry III. It seems these Times were very Quiet for I find no mention of any War or Rebellion except some small Stirs in Connaught which were not so Great or Considerable as that the Particulars should be transmitted to posterity In the mean Time William Earl Marshal who came to Ireland anno 1207. was employed in building his Castle of Kilkenny and the Abbey of Black-Fryers there He also incorporated that Town by the Name of Sovereign Burgesses and Communalty and granted them a Privilege to be quit of Toll Lastage and Pontage and all other Customs throughout Leinster and afterwards went to England And thus stood the Government of Ireland during the Life of King John who died at Newark the nineteenth Day of October 1216. 1216. THE REIGN OF HENRY III. King of England And LORD of IRELAND c. HENRY the Third not then Ten years old succeeded his Deceased Father in all his Titles and Estates 1216. and in the presence of the Popes Legate William Earl Marshal and others he was declared King and Crowned at Glocester by the Bishops of Winchester and Bath and at the same time he did Homage to Pope Innocent and the Church of Rome Brady 522. for the Kingdoms of England and Ireland and swore to pay yearly the Thousand Marks which his Father had promised to the Holy See William Earl Marshal who was also Earl of Pembrook was Protector of the King and Kingdom Ib. 523. and by Proclamation encouraged the Nobility Gentry and other the Kings Subjects to continue faithful to him which they were the more easily perswaded to because Lewis Prince of France and his Party began to decline and were solemnly excommunicated or rather the same Excommunication was published and denounced every Sunday and Holy-Day There likewise issued a Writ to the Kings Subjects in Ireland in haec verba REX Archiepiscopis Prin 250. Episcopis Abbatibus Comitibus Baronibus Militibus libere tenentibus omnibus fidelibus suis per Hibern constitutis Salutem Fidelitatem vestram in Domino commendantes quam Domino Patri nostro semper exhibuistis nobis estis diebus nostris exhibituri Volumus quod in signum Fidelitatis vestrae tam praeclarae tam insignis libertatibus Regno nostro Angl. Ã Patre nostro nobis concessis de gratia nostra dono in Regno nostro Hibern gaudeatis vos vestri Haeredes in perpetuum quas distincte in Scriptum redactas de communi consilio omnium fidelium nostrorum vobis mittimus signatas Sigillis Domini nostri G. Apostolicae Sedis Legati fidelis nostri Com. W. Maresc Rectoris nostri Regni nostri quia Sigillum nondum habuimus easdem processu temporis de majori Consilio proprio Sigillo signaturi Teste apud Glouc. 6 die Februar And the Entry on the Roll is Homines Hiberniae habent libertates Angliae And another Writ Brady Append. 143. under the Test of the Earl Marshal was sent to Hugh de Lacy to invite his Return in this Writ which runs in the Name of the King his Majesty condescends to expostulate with Lacy that he the King ought not to be blamed for his Fathers unkindness to Lacy and assures him that he shall have Restitution and Protection if he would come back and upon Receipt of it Lacy did readily comply with the Kings Desire Geofry de Marisco continued Lord Justice or Governor of Ireland Burlace 15. to whom on the 16th of April following Henry de Londres was added as Assistant or Co-adjutor at least in Ecclesiastical Matters 1217. and for the Reformation of the Church The King sent a Writ to the Lord Justice giving him thanks for his faithful Service to the deceased King John and desiring that he would persevere in the like to himself especially during his Monority when he stood in need of the Lord Justices assistance and advice Prin Hist H. 3. fol. 38. and requires him to take the Oath of Fealty of the Nobility of Ireland and all others that are obliged thereto and assures them they shall enjoy the same Liberties in Ireland as he hath granted to his Subjects in England There was also another Writ sent to the Lords Spiritual and Temporal to assist the Lord Justice in the Kings Service And there was yet another Writ for a thousand Bacons Lib. GGG Lambeth two Ship-load of Corn and a Ship-load of Oats Mandatum est Justiciario Hiberniae quid mittet in Angliam mille Bacones duas Navatas Frumenti unam Navatam Aveni So that England must not deny but that it has at some time been beholden to us About this time William Earl Marshal incorporated the Town of Calan and gave it the following Charter COncessi Burgensibus meis de Calan omnimodas Libertates quas decet Burgenses habere mihi licet conferre viz. quod nullus Burgensis trahatur in causam vel respondeat de ullo placito quod proveniat infra Metas Burgi in Castello Lib. in Lambeth vel alibi nisi in hundredo villae exceptis placitis quae sunt de hominibus hospitii mei Concessi etiam eisdem Burgensibus Matrimonium contrahere sibi filiis filiabus viduis sine licentia Dominorum suorum nisi forte forinseca tenementa teneant de me in capite extra Burgum Lucas de Netervil was chosen by the Chapter Archbishop of Armagh 1217. and went to the King for Confirmation but could not obtain it Ware de Fresul 17. because the Election was made without the Kings License Whereupon the Monks compounded with the King for three hundred Marks of Silver and three of Gold and so they took out a Conge de esâ—ier and repeated the Election and then Netervil was consecrated by Langton Archbishop of Canterbury About this Time viz. 2 Hen. 3. the King wrote to Ireland for Aid to pay off a Debt due from him to Lewis Son of the King of France Soon after Henry de Londres was by Pope Honorius the Third made Legate of Ireland and held a Synod at Dublin which made many good Canons But the Lord Justice had displeased the King by his male-administration of Affairs in Ireland or perhaps had
Upstart or new-comer 1235. that sought to disinherit him Whereupon the King immediately ordered the Lord Justice To pluck up by the Root the Fruitless Plant which Hubert de Burgo whilst he was in Ruff had planted in those Parts that it might bud no more The King also wrote to the Nobility of Ireland That they should banish the said John and establish the King of Connaught in his Kingdom who returned very well satisfied with the Princely Favours he received at the Court of England It seems that in the Lord Justices Absence there was some Disorder among the Irish Doctor Hanmer says they rebelled but the speedy return of the Lord Justice probably gave a Check to their Intentions And to the End there might be a free Commerce between both Kingdoms the King sent over the following Writ REX Pryn. 253. dilecto fidelio suo Mauritio fili Giraldi Justiciario suo Hiberniae 19. Hen. 3. salutem Vestra non ignorare debet discretio quod dignum est id volumus quod Terra nostra Angliae Terra nostra Hiberniae communes sint ad invicem quod homines nostri Angliae Hiberniae hinc inde negotiari possunt ad comodum emendationem Terrarum praedictarum Et ideo vobis mandamus Quod homines de Terra Hiberniae volentes emere blada in Hibernia ducenda in Angliam in nulla impediatis vel impediri permittatis quin libere sine impedimento id facere possunt Teste Rege apud Westm 2. die Jun. Et vide ibidem de Galeis i.e. Gallies or Ships de Hibernia in Angliam mittendis to aid the King There being some Dispute in Ireland about the Law in Case of Bastardy 1236. the King sent this Writ to the Lord Justice and the Archbishop to observe the Statute of Merton in those Cases HEnricus Dei Gratia Rex Angliae Pyrn 253. c. venerabili Patri L. eadem gratia Archiepiscopo Dublin dilecto fideli suo M. fil Geraldi Justic suo Hiberniae salutem Accedens nuper ad curiam nostram Georgius de Laffidel nobis ex parte vestra supplicavit ut vobis scire faceremus quid juris sit secundum confuetudinem Angliae in casibus subscriptis viz. Cum contingat filium alicujus Nobilis natum ex matrimonio movere questionem fratri suo in fornicatione ante matrimonium de eadem matre progenito super paterna haereditate Item si contingat quod frater natus ante matrimonium defendendo dicat se esse ligitimum utrum in tali casu mittendus sit ad forum Ecclesiasticum Item fi mittendus sit in qua forma c. Item si contingit quod natus ante matrimonium fecerit homagium suum de terris suis post decessum patris sui ratione homagii sic facti vocaverit Dominum suum ad Warrantum quid juris sit de illa vocatione si warrantizare debeat aut velit sponte utrum duellum possit esse de jure inter natum ex matrimonio dominum warrantizantem cum inter ipsos fratres esse non possit Ad haec etiam vobis significamus de primo capitulo Quod si natus ante matrimonium cui movetur questio cognoscat se natum esse ante matrimonium nec petere potest haereditatem nec petitam retinere secundum Angl. consuetudinem Nec talis si dicat se natum esse post mittendus ad cur Christianitatis eo quod clerus talem habet pro legitimo Cum autem de casu illo anno preterito tractatum esset coram venerabili Patre Archiepiscopo Cantuariensi Coepiscopis suis Magnatibus nostris Angl. scilicet utrum inquisitio de tali nato deberet fieri in cur nostra vel in cur Christianitatis tandem predict Archiepiscopus Episcopi petierunt sibi dare potestatem inquirendi Postea vero processu temporis quia in forma Brevis nostri eis super hoc transmissi contentum fuit quod respondere deberent Vtrum talis natus esset ante matrimonium vel post videntes hoc esse contrarium legibus suis noluerunt ad hoc respondere sed reliquerunt nobis cur nostrae hoc inquirendum terminandum nondum provisum est in cur nostra sub qua forma hoc debeat inquiri vel per sacramentum 12 Jurat vel per probationem à partibus producendam Item de Domino si debet warrantizare tenenti contra fratrem suum vobis respondemus quod non eo quod tam natus post Matrimonium quam ante uno eodem jure utuntur Dominus in captione homagii potius circumventus fuit quam ratione astrictus Nec esse poterit duellum inter eos predicta ratione preterea quia Dominus tenetur plus warantizare petenti nato post matrimonium quam tenenti nato ante matrimonium hiis igitur intellectis secundum quod predictum est in partibus vestris faciatis Teste Rege apud Mortelac 9 die Maii. And he also sent this other Writ the same Time REX dilecto fideli suo Maur. fil Girald Justic suo Hibern salutem Monstravit nobis lator presentium quod ipse nuper in curia nostra coram Justic nostris ad hoc per vos nuper constitutis in Hibern recuperasset seisinan suam versus quendam hominem de libero tenemento suo idem adversarius suus postea de eodem tenemento iterum ipsum disseisivit ideo vobis mittimus sub sigillo nostro constitutionem nuper factam intellige Merton c. 3. coram nobis Magnatibus nostris Angl. de predicto casu similiter de aliis articulis ad emendationem Regn nostr Mandantes quatenus de Concilio venerabilis Patris L. Dublin Archiepisc constitutionem illam in curia nostra Hibern Legi de cetero firmiter observari facias secundum eadem predicto querenti plenam justiciam exhiberi faciatis Teste Rege ut supra King Henry kept his Christmas at Winchester 1239. anno 1239. where the Servants of Gilbert Earl Marshal were as they thought affronted not being suffered to enter into the King's Court with their Tip staves whereupon the Earl complained to the King but received an unexpected cross Answer whereat he was distasted to that degree that he left the Court and perhaps never afterwards came near it for the next Year he was slain by a Fall from his Horse 1240. at a Turnament at Hereford In the same Year Petrus de Supino came from Pope Gregory into Ireland with an Authentick Papal Mandate requiring under pain of Excommunication and other Censures Ecclesiastical Hanmer 196. the Twentieth part of the whole Land besides donatives and private Gratuities to the maintenance of his War against Frederick the Emperor where he extorted saith Matthew Paris a thousand and five hundred Marks and above saith Florilegus at which time also one Petrus Pubeus intitled the
Popes Familiar and Kinsman and both Bastards saith Bale fill'd in like sort his Fardles in Scotland These Nuncio's were so crafty that they needed no Brokers they secretly understood by Posts and Cursitors the State of the Court of Rome which quailed them full sore that the Pope was either gone or panted for Life secretly by the conduct of the Monks of Canterbury they were conveyed to Dover where they took Shipping and crost the Seas The Emperor Frederick against whom this Provision was made having intelligence thereof and secretly acquainted with the Popes state wrote to the King of England to apprehend such Prollers wherein he also reprov'd his Cowardize The Emperor when he understood that the Birds were flown away made search for the Nest yet overtook them in Italy where to be short he imprison'd them their Kindred and Favourites rifled them of their Money and sent them to Rome to sing for more He that will read the Story more at large let him repair to Matthew Paris In the Year 1242 1242. the Lord Justice built the Castle of Sligo in Connaught and plac'd in it able Warders and the next Year died Richard de Burgo and the famous Hugh de Lacy Earl of Vlster 1243. whose Daughter and Heir was married to Walter de Burgo in her Right Earl of Vlster The King sent to the Lord Justice for Aid against the Welsh 1244. which it seems was long a coming but at length it did come under the Conduct of the Lord Justice and Phelim O Connor they Landed in the Isle of Anglesey and pillaged the Island and were hastning to the Ships with their Prey but it seems the Welshmen overtook them and forced them to leave their Burdens behind However they afterwards joyn'd the Kings Army and did the Work they came for for the King discomfited the Welsh victualled his Castles and victoriously returned into England The Lord Justice being come back to Ireland 1245. found Vlster over-run by O Donel who took advantage of the Death of Lacy and the absence of the Lord Justice but by the assistance of Cormock mac Dermond ma◠Rory the Lord Justice invaded Tirconnel routed the Irish and slew many of the chief of them on the English side was lost William But by Cambden and others call'd Sheriff of Connaught and his Brother Cambden does also mention several Expeditions but the Issue of them all was this That the Lord Justice Manned his Castle of Sligo forced O Neal to give Hostages and then gave half Tyrconnel to the said Cormock ma◠Dermond and return'd with great Booty But the King was displeased with the Lord Justice for his slowness and delay in bringing Aid to him in Wales and therefore remov'd him from the Government Novemb. 4. 1245. and appointed Sir John Fitz Geofry de Marisco I suppose Lord Justice who receiv'd a Writ that the Executors of the Bishop of Ossory should be suffered to administer and dispose of the Testators Goods and Chattels the Debts due to the King being first Levied thereout and in September 1247. Prin H. 3. 107. the King directed a Writ to the Arch-Bishops and others in Ireland That the Laws of England should be strictly observed there as his Father King John had formerly commanded QVia pro communi utilitate Terrae Hiberniae Prin 254. unitate Terrarum Regis Rex vult de communi Concilio Regis provisum est quod omnes Leges Consuetudines quae in Regno Angliae tenentur in Hibernia teneantur eadem Terra eisdem Legibus subjaceat per easdem regatur sicut Dominus Johannes Rex cum ultimo esset in Hibernia statuit fieri mandavit Quia etiam Rex vult quod omnia Brevia de communi jure quae currunt in Anglia similiter currant in Hibernia sub novo Sigillo Regis Mandatum est Archiepiscopis c. quod pro pace tranquilitate ejusdem Terrae per easdem Leges eosdem regi deduci permittant eas in omnibus sequantur in cujus c. Teste Rege apud Wodestoke nono die Septembris anno Regni 30. Which Writ is imperfectly cited 1 Inst 141 b. Theobald Butler 1247. Lord of Carrick and John Cogan Lords Justices in whose Time the Popes Agent Johannes Refus was sent into Ireland clothed with Authority to collect the Popes Money Hanmer 198. my Author says that though he was not clad in Scarlet for fear of giving Offence yet he was such a Sophistical Legate and plied his business with that diligence that he extorted Six thousand Marks out of Ireland and by help of the Clergy transported it safely to London John Fitz Geofry was again Lord Justice 1248. in his time the King sent the following Writ Lib. P. Lambeth REX Justiciario Hibern Salutem Monstravit nobis Mamorch Offerthierun Rothericus Frater ejus quod antecessores sui ipsi licet Hibernenses semper tamen firmiter fuerunt ad fidem servitium nostram Prin 255. predecessorum nostrum it should be Nostrorum Regum Angl. 1253. ad conquestum una cum Anglicis faciendum super Hibernenses ideo vobis mandamus quod si ita est tunc non permittas ipsos M. R. repelli quin possint terras vindicare in quibus jus habent sicut quilibet Anglicus quia si ipsi antecessores sui sic se habuerunt cum Anglicis quamvis Hibernenses injustum esset licet Hibernenses sint quod exceptione qua repelluntur Hibernenses à vindicatione terrarum aliis repellantur c. By which Writ it appears that the King did design that all the Irish who would live as Subjects should have the benefit of the English Laws but that such of the Irish as were Enemies or Rebels and would not be Amesnable to Law should not have any Advantage by the Law But now the King to qualifie his Son for a Marriage with the Infanta of Spain Davis 22. amongst other things gave the Kingdom of Ireland to Prince Edward and his Heirs Lib. G. Lambeth in as ample manner as himself enjoyed it except the Cities of Dublin and Limrick nevertheless with this express Condition in the Patent 1254. Ita quod non separetur à Corona Angliae Whereupon Ireland was called the Land of the Lord Edward and the Officers there were stiled the Officers of Edward Lord of Ireland and the Writs did also run in the Name of the Prince In the same Year but I suppose before the Donation to the Prince the King sent a Writ to the Nobility of Ireland Prin 255. most earnestly desiring their Assistance with Men and Ships for his Wars in Gascony But the Prince had issued a Writ of Entry out of the Chancery of Ireland against the Bishop of Lismore which was illusory to the Laws of England established by the King and King John and therefore upon Complaint the King sent
the following Order to stop any farther Proceedings upon the aforesaid illegal Writ which I do the rather recite at large because it justifies my Assertion that Ireland is inseparable from the Crown of England since we find the King effectually interpose to rectifie Miscarriages there notwithstanding the aforesaid Donation to the Prince which was as full as it could be worded REX Thesaurario Baronibus de Scaccario Dublin Ibid. 255. Salutem Quia de assensu voluntate Praelatorum Magnatum Terrae Hiberniae dudum fuit provisum concessum quod eisdem Legibus tenerentur in Terra illa quibus homines Regni nostri utuntur in Regno nostro Angliae quod eadem Brevia quoad terras tenementa recuperanda teneant in terra illa quae tenentur in regno praedicto sicut justa Et dicta provisio concessio omnibus retroactis temporibus fuerunt obtenta approbata miramur quamplurimum quod sicut ex insinuatione venerabilis patris Thomae Lismorensis Episcopi accepimus emanare permisistis ex Cancellaria Edwardi filii nostri in Hibernia contra consuetudinem obtentam formam Brevium in regno nostro usitatam Breve infra-scriptum contra praefatum Episcopum in haec verba EDwardus Illustris Regis Angliae primogenitus ad Vic. Waterford Salutem Praecipe Thomae Lismorensi Episcopo quod juste sine dilatione reddat Waltero Episcopo Waterford Maneria de Archmurdeglan Kilmurdri Motha cum pertinentiis quae clamat esse jus Ecclesiae suae in quae idem Episcopus non habet ingressum nisi per Alanum quondam Lismorensem Episcopum cui Griffinus quondam Lismorensis Episcopus qui inde injuste sine judicio disseisivit Robertum quondam Waterford Episcopum predecessorem Episcopi post ultimum reditum c. QUia vero dictum Breve tam dissonum est Stat. Marlbridge cap. 30. contra Leges Consuetudines in regno nostro tentas formas Brevium nostrorum ibidem approbatas praesertim cum Breve ingressus non transeat tertiam personam nec ratione intrationis in terram aliquam post mortem alicujus comperat actio alicui de terra illa nisi illi cui per mortem illam jus debetur in eadem Nec enim dicitur intrusio qui jure haereditario vel ratione Ecclesiae suae succedit Predecessori suo in hiis de quibus idem Predeces fuit seisitus in Dominico suo ut de feodo die quo obiit Vobis mandamus quod si dictum Breve a Cancellaria praedicta in forma praedicta emanaverit executionem ejusdem Brevis supersedeatis revocantes sine dilatione quicquid per idem Breve actum fuerit in Curia praedicti Filii nostri Teste apud Windsor 27 die Januar. Et eodem modo scribitur Adamo le Sole Justiciario Hiberniae intellige de Banco Regis Waleranno de Willesby Sociis suis Itinerantibus ut supra Alan de la Zouch 1255. who had been Chief Justice of the Kings Bench in England Hanmer 199. 34. Hen. 3. was now made Lord Justice of Ireland he had the Misfortune to be slain in Westminster-Hall by John Earl of Warren and Surrey half Brother to the King In his time some Rebel Irishmen were coming to aid the Earl of Chester against the King but Prince Edward with the English Navy had the good Fortune to meet with the Irish Fleet and to sink most of their Ships so that few of the Men were left alive to return Now flourished that famous Mathematician Johannes de Sacrobosco who was born at Holywood in Fingal not far from Dublin and thence had his Name de sacrobosco i.e. Holy wood It seems that the Prince 1258. by Virtue of the aforesaid Grant would have removed the Lord Justice and put another in his Room But the King by the Advice of the Barons of England wrote to the Archbishops Bishops Abbots Priors Barons Brady 674. Knights c. That he heard his Son designed to make a new Justice in Ireland and to put his Castles into such Hands as it might be great Damage and not without fear of their disinheriting and therefore commands them not to obey such Justice Constables or Keepers of Castles made or appointed without his Letters Patents by Advice and Assent of his Council After the same manner he wrote to all the Mayors and Communities of Cities and Towns in Ireland and to the Constables of Castles and also commanded Alan de la Zouch his Justiciary not to obey or give up his Authority to any new Justiciary or Constable that should come without his Letters Patents But it seems this Matter was setled for the next Year we find Stephen de long Espee 1259. Lord Justice some call him Earl of Salisbury and Burlace stiles him Earl of Vlster but I think there is no Ground for either of the Titles he encountred O Neale and slew him and three hundred fifty two Irishmen in the Streets of Down 1260. but not long after the Lord Justice was betrayed and murdered by his own People And thereupon William Den was chosen Lord Justice In whose Time the Mac Carthyes plaid the Devil in Desmond they are the Words of my Author and by Ambuscade surprized and slew Thomas Fitz-Girald and John his Son 1261. at Calan in Desmond together with many Knights and Gentlemen of that Family whereupon the Carthyes grew so high that for the space of twelve Years the Giraldines durst not put a Plow in the Ground in Desmond Hanmer 201. until some Fewds arose between the Irish of Carby and Muskry and between the Carthyes Driscols Donovans Mahonyes and Swinyes so that they also weakned and destroyed one another and the Giraldines began to recover their Power and Authority again But the Lord Justice died this Year and Richard de Capella or Capel was made Lord Justice In his Time arose a great Contention between the Prior and Convent of Christ-Church and the Corporation of Dublin about the Tith-Fish of the River Liffy The Burks and the Geraldines quarrelled about some Lands in Connaught to that degree that they filled the whole Kingdom with War and Tumult and Maurice Fitz-Maurice Fitz-Girald not the Earl of Desmond but the same that afterwards anno 1272 was Lord Justice and John Fitz-Thomas afterwards Earl of Kildare at a Meeting at Castle-Dermond seized upon the Lord Justice and Richard Burk Heir apparent of Vlster afterwards called the Red Earl Theobald Butler 1264. Miles Cogan c. and imprisoned them in the Castle of Ley. But soon after a Parliament met at Kilkenny and ordered them all to be released which was done accordingly In the mean Time the King wrote to the Arcbishop of Dublin the Bishop of Meath his Treasurer Walter de Burg or Burk 1265. Maurice Fitz-Maurice Fitz-Girald That he heard there was like to be great Dissention between the great Men of Ireland and therefore ordered
them to secure the Peace of the Nation And sent them farther private Instructions by Robert Waspail who carried those Letters to whom he commanded them to give Credit And not long after the Lord Justice was removed and David Barry the worthy Ancestor of the Noble Family of Barrymore was made Lord Justice 1267. he so managed the Giraldines that he took from them the Castle of Sligo and all their Lands in Connaught and thereby put an End to those Wars and Differences that were between them and the Burks And in his Time the Friers Preachers were setled at Ross Kilkenny and Clonmel Sir Robert de Vfford was made Lord Justice of Ireland 1268. and began to build the Castle of Roscomon In his Time Cnoghor O Brian of Thomond was slain i.e. murdered by Dermònd mac Monard and Maurice Fitz-Girald not of Desmond as the Annals say but Son of Maurice Lord Justice anno 1272 was drowned between Ireland and Wales And about this Time came over a Writ from the King to levy Aurum Reginae for Elianor the Prince's Wife as was used in England which you may read at large 4 Inst 357. On which I will make but this one Remark That if the Sovereignty of Ireland were in the Prince how comes the King to send the Writ But it will evidently appear by the following Writ That the Prince had not the Sovereignty of that Kingdom CVm Rex per Cartam suam concessit Edvardo 52 Hen. 3. primogenito suo Terram suam Hiberniae cum pertinentiis Lib. GGG c. habendum sibi haeredibus suis Lambeth ita quod non separetur a Corona Angliae idem Edvardus sine Licentia Regis alienationes quorundam terrarum tenementorum spectantium ad Terram praedictam fecerit contra tenorem feofamenti Regis quod idem rex sustinere voluit ideo nunc dedit potestatem mandatum nepoti suo filio Regis Alemani the Son of Richard Earl of Cornwal King of the Romans revocandi omnia maneria terras tenementa quae dictus Edvardus filius Regis sic alienavit post feofamentum praedict c. Richard de Excester 1269. Lord Justice In whose time Othobon the Pope's Legate made excellent Constitutions at London He made a more firm Peace and Reconciliation between the Burks and Giraldines And not long after died and Sir James Audly 1270. or de Aldethel was made Lord Justice and had a very unfortunate Government of it for the Irish were every where troublesome Fragm M. S. Quasi omnes Hiberni guerraverunt omnes munitiones Fortifications in Ophaly praeter Castrum de Lega Ley destructi sunt Anglici inde expulsi magna strages utriusque nationis facta est in Connacia The Irish burn'd spoil'd destroyed and slew as well Magistrates as others and the King of Connaught in plain Field defeated Walter Burk Hanmer 202. Earl of Vlster and killed a great number of Nobles and Knights and particularly the Lords Richard and John Verdon and a great Famine and Pestilence the natural Consequences of War spread over all Ireland and sorely afflicted the whole Kingdom The Castles of Aldleck Roscomon and Scheligah perhaps Sligo were destroyed Nevertheless the Pope without Regard to these Universal Calamities required the Tiths of all Spiritual Promotions for three Years to maintain his Wars against a Christian King viz. of Arragon and tho' the People murmured and their Poverty and Misery pleaded loudly for them yet the rapacious Nuntio would not go empty away On the 23 of June 1272. the Lord Justice was killed by a fall from his Horse in Thomond and Maurice Fitz-Maurice Fitz-Girald was made Lord Justice 1272. and so continued till the sixteenth Day of November at which time the King died in Peace and full of Days in his Palace at London having reigned longer than any King since the Conquest viz. six and fifty Years c. THE REIGN OF EDWARD I. King of England c. And LORD of IRELAND EDWARD the First from the Talness of his Person Nicknamed Long-shanks succeeded his Deceased Father in all his Dominions on the 16th Day of November 1272 but he being at that time absent in the Holy Land the Nobility took care to keep all quiet until his Return and then on the 15th Day of August 1274. he was Crowned by Robert Archbishop of Canterbury Maurice Fitz-Maurice Fitz-Girald continued Lord Justice and to him Ware de pres 34. and to Hugh Bishop of Meath Lord Treasurer and to John de Sandford Escheator was a Writ sent December 7. 1272 Commissioning them to receive the Oaths of Fealty and Allegiance to the new King of all the Nobility Gentry and Commons of Ireland And the Lord Justice had another Writ of the same Date to proclaim the Kings Peace and to preserve it wherein 't is said That the King is willing and able by Gods Help to defend and do Justice to his People great and small And the Government of England being informed Prin. 256. That Avelina Countess of Vlster and Widow of Walter de Burgo had been endowed illegally both as to Quantity and Quality a Writ issued in the Kings Name to the Seneschal of Vlster to rectifie that Matter according to the Law and Usage of England In the mean time the Irish took advantage of the Kings absence from England and thought it an opportune Season to rebel 1273. they destroyed the Castle of Roscomon Aldleek Scheligath and Randon and found means to corrupt some of the Lord Justice Followers whereby he was betrayed into their hands in Ophaly and there taken and imprisoned whereupon Walter Genevil newly returned from the Holy Land was sent over Lord Justice Octob. 1273. to him a Writ was sent not to molest the Archbishop of Cashel for any Debts due from him to the King till his Majesties Return to England The Islanders and Red-shank Scots made a sudden incursion into Ireland and burnt several Towns and Villages killing Man 1274. Woman and Child most inhumanely and got away with vast Booty before the Country could get together or put themselves in a posture to prevent or resist this unexpected Torrent but not long after Richard de Burgo and Sir Eustace le Poer served them in their kind and entred the Islands and burnt their Cabbins and Cottages slew all they met with and smoakt out those that had hid themselves in Caves after the same manner that is used in smoaking a Fox out of his Earth Rosâ—omon-Castle was once again repaired 1275. or rather reedified and Mortagh a strong Tory being taken Prisoner by Sir Walter le Faunt was executed but the Lord Justice being recalled Sir Robert de Vfford was made Lord Justice 1276. in whose time Thomas de Clare Son of the Earl of Glocester came into Ireland and married Juliana Daughter of Maurice Fitz-Maurice Fitz-Girald though some say it was anno 1274. There is little
recorded of the Battel of Glandelory or Glinbury as to the Captains Numbers or other Circumstances save that the English suffered a great Defeat there and that William Fitz Roger Prior of the Kings Hospitallers and many others were taken Prisoners Hanmer 203. and a great number slain which ill Success was somewhat ballanced by a sore Battel which Ralph Peppard and O Hanlon gave to the great O Neal. Thomas de Clare and O Bryan Roe King of Thomond were likewise at odds 1277. and the Briton had tho' the better of it at first so that he took O Bryan and beheaded him yet afterward the Irish drove Thomas and his Father-in-Law into the Mountains of Slevebloom M. S. Fragment 2. and kept them there till for want of better Victuals they fed upon Horse-flesh and thereupon they yielded themselves Prisoners and to obtain their Liberty were forced to give Hostages that they would make satisfaction for O Bryan's Death and surrender the Castle of Roscomon And as if some malignant Star had influenced all the Inhabitants of Ireland to contention the Irish also quarrelled with one another and Mac Diarmund of Mylurg encounter'd the King of Connaught and slew him and two thousand of his Men. Wherefore the Lord Justice was sent for over to give account of this Bustle and why he permitted it as also to answer why he did not in person assist Thomas de Clare against the O Bryans To the first he answered that it was no damage to the King that one Rebel destroy'd another and to the second he gave such an Answer as was satisfactory Stephen de Fulborne 1279. Bishop of Waterford was left Lord Justice till his Return In his time were coyned in England several round Pieces of Money viz. the Penny the Half-penny and the Farthing which by Proclamation were made current in England and Ireland and yet the old Money was not cried down About this time the Irish Petitioned the King that they might have the Benefit of the Laws of England extended to them which produced the following Writ REX Archiepisc Prin 257. Abbatib Comitib Baronib Militib omnibus Anglicis de terra Hiberniae Salutem Ex parte Hibernicorum de terra praedicta nobis extitit humiliter supplicatum quod sibi de gratia nostra concedere dignaremur ut eisdem Legibus Consuetudinibus communibus uti gaudere possint in terra quibus Anglici ibidem utuntur gaudent secundum easdem Leges Consuetudines deduci valeant in futurum Nos autem quia hujusmodi concessionem absque Conscientia vestra eis ad praesens non duximus faciendam Vobis mandamus quod ad certos dies quos ad hoc provideritis viz. citra Festum Nativitatis Beatae Mariae Virginis in aliquibus locis oportunis conveniatis inde diligentem tractatum inter vos habeatis Vtrum sine prejudicio vestri Libertatum Consuetudinum vestrarum etiam sine damno vestro dictam concessionem facere possumus eisdem necne de omnibus aliis circumstantiis hujusmodi concessionem contingentibus de hoc quod inde feceritis nobis citra proximum Parliamentum nostrum quod erit apud Westminster à die Sancti Michaelis in unum Mensem sub Sigillo Justic nostri Hiberniae vel ejus locum tenentis Sigillo dilecti fidelis nostri Roberti Baggot distincte aperte una cum concilio vestro constare faciatis hoc propter absentiam quorundam de paribus vestris quos ibidem interesse non contigerit vel illorum qui sunt infra atatem in custodia nullatenus omittatis ut nos ex tunc habita super hoc deliberatione pleniori inde provideri faciamus quod nobis concilio nostro magis videbitur expedire c. It is certain the Answer to this Writ was in the Negative and I suppose the Reason was That since the Irish generally were not amensnable to the Law but still used and would use their own Brehon-Law and Tanistry it was not fit they should have a general Benefit of the Laws of England but rather that every Person Family or Sept who would give some Assurance or at least Promise of Allegiance and Submission to the English Laws should by Special Writ be admitted to the Benefit of them and therefore we find a Multitude of such Writs and Licences from this time forward and many of them are in this Form viz. Quod ipse liberi sui de corpore suo legitime procreati hanc habeant libertatem And sometimes it is to Them and Their Heirs and sometimes to Them and Their Heirs of such a Sirname But the most memorable Writ of this Sort is that which follows REx omnibus ad quos Prin 258. 6. Rich. 2. c. Salutem sciatis quod de assensu concilii nostri concessimus pro nobis haeredibus nostr ad supplicationem Cornelii de Clone de Hibernia dicto of Fynatha militis Hibernici pro suo bono gestu erga nos pro bono servitio quod nobis impendit tempore praeterito tam praedicto Cornelio qui est de Natione Hibernica quam omnibus aliis de praedicta Natione qui sunt erunt ad obedientiam nostram de sanguine ipsius Cornelii existunt gerunt illud cognomen de Fynatha quod ipsi tempore quo ipsi sic obedientes nobis vel haeredibus nostris existunt uti gaudere possint omnimodis haereditatibus beneficiis libertatibus in Terra nostra Hiberniae predicta prout ligei nostri Anglicani obedientes nostri ibidem gaudent utuntur aliquo statuto vel ordinatione in contrarium edito non obstante c. Robert de Vfsord 1280. Lord Justice returned from England and kept all things in such good Order that nothing is recorded of the two following Years but the unfortunate burning the City of Waterford But he being removed Stephen Fulborn 1282. Bishop of Waterford afterwards Archbishop of Tuam was Lord Justice it seems he had been also Lord Treasurer And then the Irish made great Stirs in Connaught Arlow and Vpper Ossory which cost many Lives but the Loss fell heaviest upon the principal Rebels Mortagh and Art mac Morough were slain by Penquir◠at Arclow and Mac Gilpatrick also met with an untimely Death in Connaught And these Publick Contests were accompanied with Private Quarrels so that Adam Cusack slew William Barret and his Brethren about some Lands they contended for in Connaught It is to be remembred That the Oastmen or Easterlings had generally the benefit of the English Laws by Charters from King Henry to each City That of Waterford is to be seen in Sir John Davis his excellent Discourse pag. 94. And it was this Year confirmed by King Edward Great part of the City of Dublin was this Year burnt 1283. and the Steeple and Chapter-House of Christ Church did not escape the
spending of their Blood in their Sovereigns Quarrel aspired to this Type of Honour in which at this Day God and my King be thanked I stand So your Lordship taking the nigher Way to the Wood by charging me with Treason would gladly trip so roundly on my Top that by shedding of my Blood and by catching my Lands into your Clutches that butt so near upon your Mannors of Kildare and Rathimghan as I dare say they are an Eye-sore unto you you might make my Master your Son a proper Gentleman A Gentleman quoth the Lord Justice thou bald Baron I tell thee the Vescies were Gentlemen before the Giraldins were Barons of Ophaly yea and before that Welsh Bankrupt thine Ancestor he meant Sir Maurice Fitz-Girald feathered his Nest in Leinster And whereas thou takest the Matter so far in Snuff I will teach thee thy Lyripups after another Fashion than to be thus malapartly cocking and billing with me that am thy Governour Wherefore albeit thy Taunts are such as might force the patientest Philosopher that is to be choakt with Choler Yet I would have thee ponder my Speech as though I delivered it in my most sober and quiet mood I say to the Face of thee and I will avow what I say unto thee That thou art a Supporter of Thieves a bolsterer of the King's Enemies an Upholder of Traytors a Murderer of Subjects a Firebrand of Dissention a rank Thief an arrant Traytor and before I eat these Words I will make thee eat a piece of my Blade The Baron bridling with might and main his Choler bare himself as cold in Countenance as the Lord Justice was hot in Words and replied in this wise My Lord I Am very glad that at length you unwrapt your self out of that Net wherein all this while you masked As for mine Ancestor whom you term a Bankrupt how Rich or how Poor he was upon his repair to Ireland I purpose not at this time to debate yet thus much I may boldly say That he came hither as a Buyer not as a Beggar he bought the Enemies Land by spending his Blood But you lurking like a Spider in his Cobweb to intrap Flies endeavour to beg Subject's Livings wrongfully by despoiling them of their Innocent Lives And whereas you charge me with malapertness in that I presume to chop Logick with you being Governour by answering your snappish Quid with a knappish Quo. I would wish you to understand now that you put me in mind of the Distinction that I as a Subject honour your Royal Authority but as a Nobleman despise your Dunghil Gentility Lastly Whereas you charge me with the odious Terms of Traitor Murtherer and the like and therewithal you wish me to resolve my self that you rest upon Reason not upon Rage if these Words proceed from your Lordship as from a Magistrate I am a Subject to be tried by order of Law and am sorry that the Governor who ought by vertue of his publick Authority to be my Judge is by reason of private Malice become mine Accuser But if you utter these Speeches as a private Person then I John Fitz-Girald Baron of Ophalie do tell thee William Vescie a singe-Sole Gentleman that I am no Traytor no Felon and that thou art the only Buttress by which the Kings Enemies are supported the mean and Instrument by which his Majesties Subjects are daily spoiled Therefore I as a Loyal Subject say Traytor to thy Teeth and that shalt thou well understand when we both shall be brought to the Rehearsal of these Matters before our Betters Howbeit during the time you bear Office I am resolv'd to give you the Mastery in Words and to suffer you like a brawling Cur to bark but when I see my time I will be sure to bite These biting Speeches passing to and fro great Factions on both sides were raised with high and mighty words and deep Oaths till in time either part appeas'd his own The Baron of Ophaly not sleeping nor slacking his Matter scudded with all haste into England where he was no sooner inshoared than Vescie after he had substituted William Hay in his room was imbarked making as hot foot after the Baron as he could The King and his Council understanding the occasion of their sudden Arrivals to the end the Truth should be brought to light appointed a set Day for the deciding of their Controversie and that each of them should speak for himself what he could Whereuon Vescie being commanded to begin spake to this effect My Dread Sovereign AS I must acknowledge my self somewhat aggrieved to be entangled in so intricate a Matter so I am glad as heart can think that so weighty a controversie is brought to the deciding of so upright an Umpire And whereas it stood with your Majesties Pleasure with the Advice of this your Honourable Council That I as unworthy should have the Government of your Realm of Ireland and during my Time your Majesties Subjects have been I may not deny it diversly annoyed for my Discharge as I said in Ireland So I avow here in England that he kneeleth here before your Highness pointing to the Baron of Ophaelie that is the Root and Crop of all these Enormities for it is well known that he beareth that stroke with the Irish as if he once but frown at them they dare not be so hardy as once to peak out of their Cabbins And whereas his Force doth greatly amaze them think you but his Countenance doth wonderfully encourage them To the furtherance of which it is apparently known and it shall be proved that he hath not only in hucker mucker by sundry Messages imboldned your Majesties Enemies to spoil your Subjects but also by his personal Presence in secret Meetings he gave them such Courage as neither the Royalty of your Highness nor the Authority of your Deputy neither the force of your Laws nor the strength of your puissant Army was able to quench the Flame of these Hurly-burlies that through his traiterous drifts were enkindled These and the like Enormities through his privy packing with Rebels being daily committed to bring me your Majesties Governour in the hatred of the People his Adherents both secretly muttered and openly exclaimed against me and my Government as though the Redress of all these Harms had wholly lain in mine hands Whereupon being in conference with such as were the Chieftains of your Realm of Ireland albeit I took it to be expedient to point with my Finger to the very Sink or Head-spring of all the Treasons that by secret Conspiracies were pretended and practised against your Majesty and your Subjects yet notwithstanding having more regard to Modesty than to the Deserts of the Baron of Ophalie I did but glance at his packing in such secret sort as none or very few of the Company could guess whom with my misty Speeches I did touch And as commonly the galled Horse doth soonest kick so this Gentleman being prickt as it should seem
with the sting of his guilty Conscience brake out on a sudden and forgetting his Allegiance to your Highness and his Duty to me your Deputy he took me up so roughly as though I had been rather his Underling than his Governor The Sum of which despightful Speeches I refer to the Testimony of the honourable Audience where they were delivered As for his manifold Treasons I am ashamed to rehearse such things as he did not stick to commit And if it shall stand with your Majesties Pleasure to adjourn the Trial for a few days I will charge him with such apparent Items as were his Face made of Brass he shall not be able to deny any one Article that shall be booked against him When Vescie had ended the Baron of Ophalie prest himself somewhat forward and in this wise spake Most puissant Prince and my dread Sovereign WEre Mr. Vescie's Mouth so just a Measure as what he spake should be holden for Gospel this had been no fit Place for so arrant a Traitor as he with his feigned glossing would gladly prove me to be But sith it pleased your Majesty with so indifferent Ballance to ponder both our Tales I am throughly perswaded that my loyal Innocency shall be able to overpoize his forged Treachery Your Majesty hath heard many Words to small purpose and as his Complaint hitherto hath been generally hudled up so my Answer thereto may not particularly be framed Whereas therefore he termeth me a Supporter of Thieves a Packer with Rebels and a Conspirator with Traitors If I should but with a bare word deny the Premises all his gay Gloss of glittering Speeches would suddenly fade away Yea but he craveth respite for the Booking his Articles Truly so he hath need for loitering and lingring is the only way he may devise to cloak his Feigning and Forging wherein he sheweth himself as crafty as the Philosopher was accounted wise that promised a Tyrant upon menacing words to School his Ass in Philosophy so he had seven years respite because that in that space he was perswaded that either the Tyrant the Ass or he would die In like wise Mr. Vescie upon respite granted him would hang in hope that either the Life of your Majesty which God forbid should be shortned or that I in tract of time would be disfavoured or that he by one subtile Prank or other should be of this heavy Load disburthened But if I have been as many years a Malefactor as he advoucheth how happeneth it that his Tongue was tied before this late Dissention begun Why did he not from time to time advertize the Council of my Treasons Whereas now it may be probably conjectured that he was edg'd to this Service rather for the hatred he beareth me than for any love he oweth your Royal Majesty Touching the Words I spake in Ireland I purpose not for ought I heard as yet to eat them in England And when I shall be call'd to testifie such Speeches as I delivered there I will not be found so raw in my Matter as to lose my Errand in the Carriage as Mr. Vescie hath done or to crave further respite for the registring of his manifold Treasons As for my secret Meetings with Irish Rebels were I perswaded Mr. Vescie that you were able to prove them I would be found willing to acknowledge them for if my Conscience were so deeply stung as you pretend I would take it for better policy by acknowledging my Trespass to appeal to my King's Mercy than by denying my Faults to stand to the rigour of his Justice And as for Meetings I never had so many in Woods with Rebels as you Mr. Vescie have had in your Chamber with Cows For it hath been manifestly apparent that when the Baron of Ophaly and the best of the Nobility of Ireland have been imbarr'd from entring your Chamber an Irish Cow should have at all times access unto you No Mr. Vescie a Cow an Horse an Hawk and a Silver Cup have been the occasion of your Slackness when the Subjects were preided you would be content to wink at their Misery so that your mouth were stopt with Bribery And when you had gathered your Crumbs sufficiently together you held it for a pretty Policy and yet it was but a bare shift to charge the Nobility with such packing as you daily did practise But you must not think that we are Babes or that with any such stale Device or gross jugling Trick you may so easily dusk or dazle our Eyes Can any man that is but slenderly witted so far be carried as to believe that Mr. Vescie being the King's Deputy in Ireland having his Majesties Treasure having the Nobility at his Beck the Kings Army at his Commandment but that if he were disposed to bestir himself he were able to ferret out such bare-breech Brats as swarm in the English Pale If he said he could not we must smile at his simplicity if he could and would not how may he colour his Disloyalty Yea but I bear such a stroak with the Irish as that upon any private Quarrel I am able to annoy them What then Because the Baron of Ophalie can revenge his private Injuries without the assistance of the Deputy therefore the Deputy may not vanquish weak and naked Rebels without the furtherance of the Baron of Ophalie whereas the contrary ought to be inferr'd that if a private person can tame the Irish what may then the publick Magistrate do that hath the Princes Pay But indeed it is hard to take Hares with Foxes You must not think Mr. Vescie that you were sent Governor into Ireland to dandle your Trulls to pen your self up within a Town or City to give Rebels the Gaze to peel the Subjects to animate Traytors to fill your Coffers to make your self by marring true men to gather the Birds whilst others beat the Bushes and after to impeach the Nobility of such Treasons as you only have committed But for so much as our mutual Complaints stand upon the one his Yea and the other his Nay and that you would be taken for a Champion and I am known to be no Coward let us in God's Name leave Lying for Varlets Berding for Ruffians Facing for Crackers Chatting for Twatlers Scolding for Callets Booking for Scriveners Pleading for Lawyers and let us try with the Dint of Sword as becomes Martial Men to do our mutual Quarrels Wherefore to justifie that I am a true Subject and that thou Vescie art an Arch-Traytor to God and to my King here in Presence of his Highness and in the hearing of this Honourable Assembly I challenge the Combat Whereat all the Auditory shouted Now in good Faith quoth Vescie with a right good Will Whereupon both the Parties being dismist until the King's Pleasure were further known It was agreed at length by the Council That the fittest Trial should have been by Battle Wherefore the Parties being as well thereof advertized as the Day by
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
175. In like manner did one of the Cavenaghs serve Carew about the Barony of Idrone and if I thought that no Body else would ever be served so hereafter I would have omitted this Remark In those Days there was small Respect paid to the Sabbath Fragm M. S. 4. in Ireland for the Markets were in several Places kept on Sundays but at Carlow the Market was about this time changed to another Day In England the sixth Penny of the Goods of Lay-men Baker 117. through England Ireland and Wales was granted to the King but how it was levied here non constat It appears by the Writ mentioned Pryn 263. that the denized Irish would not punish Felony with Death and therefore that Writ enjoyns them that are 14 Edw. 2. and them that shall be denized for the future to submit to the English Laws in that particular which confirms my former Observation That the Irish were fond of the Benefit of the English Laws but were very averse from the Penalties of them And by another Writ recited Pryn 263. it appears That Common Pleas were held before the chief Governour and because the Parties were poor and could not prosecute their Writ of Error in England according to Law the King did aâ—thorize the new Governour to examine the former Judgment and to reverse it if he found just cause c. And lastly we find a Writ which was sent to John Earl of Louth Pryn 264. whilst he was Lord Justice authorizing him to remove all such insufficient Persons as his Predecessor Mortimer had put into Office in that Kingdom which is a notable President worthy Imitation in all Places and Ages THE REIGN OF EDWARD III. King of England c. And LORD of IRELAND EDWARD the Third upon the Resignation of his Father was proclaimed King the twenty fifth day of January 1327. and Crowned the first day of February following 1327. and being but fifteen years old had twelve Governors of him and the Kingdom appointed but they were but Ciphers and only had the bare Name of Governors whilst Mortimer and the Queen-Mother usurp'd and exercis'd the Power As for Ireland Thomas Fitz-John Earl of Kildare was made Lord Justice and Letters were sent to the Great Men of Ireland by Name to swear Fealty to the new King and to continue their Loyalty as they had done to his Predecessors And in his Time Adam Duff of the Family of O Toole in the County of Wicklow was burnt at Hoggin-Green in Dublin for Heresie or rather for most horrid Blasphemy for he denied the Trinity and the Incarnation of our Blessed Saviour c. And because it may be pleasant and useful to a curious Reader Lib. H. Lambeth I will give you a short Account of the Great Officers and others of Ireland and their Salaries as they were 1 Ed. 3. Earl of Kildare Lord Justice 500 Lib. Roger Outlaw Chancellor 040 Lib. Elias de Ashborne Justice for holding Pleas before the Justice and Council of Ireland 040 Lib. Roger de Werthorp Justice Itinerant 040 Mar. A Second Justice Itinerant Nicholas Falstoff Chief Justice of the Bench 040 Lib. John de Granset Second Justice 040 Mar. Roger de Preston Third Justice John Battalk Custos Brevium Rot. de Banc. 005 Lib. John Garnon Narrator Domini Regis 005 Lib. Simon Fitz-Richard Secundus Narrator 005 Mar. Richard Mayning Kings Sergeant 005 Mar. Robert Poer Treasurer 040 Lib. Thomas de Monte Pessulano Chancellor of the Exchequer 010 Lib. Roger de Birthorp Chief Baron 010 Lib. The Second Baron 010 Lib. Two Chamberlains of Exchequer 010 Lib. Remembrancer 010 Lib. A Summoner 004 Mar. Two Ingrossers of the Rolls in Term-time five pence per diem The Treasurers Clerk five pence per diem whilst the Exchequer is open Usher of the Chequer three half pence per diem A Chaplain of the Castle fifty Shillings per annum For Wax two Shillings Note a pound of Wax cost nine pence It was a common thing for the Great Men of Ireland as well Irish as English upon private Quarrels to make War one with another and sometimes upon very slight occasions an Instance whereof happened at this time Fragm 8. for Maurice Fitz-Thomas afterwards Earl of Desmond being disgusted with the Lord Arnold Poer for calling him Rimer did associate with the Butlers and Birminghams as Poer did with the Burks and began a War Davis 134. says it was Kildare that had like to have been fatal to the Burks and the Poers many of them were slain and more of them driven into Connaught and their Lands were burnt and preyed In vain did the Lord Justice interpose in this bloody Quarrel he appointed a Day to hear both Parties but the Lord Arnold Poer was so far from attending the issue of such a Meeting as well knowing that he was the first Aggressor and therefore the unlucky Causer of all those Calamities and Desolations that ensued that he fled to Waterford and thence into England The Army of the Fitz-Giralds and their Confederates was mightily increased in expectation of a greater resistance than they found but assoon as they understood that Poer was fled they executed their Revenge upon the Lands of their Enemies which had been to that time left undestroyed Cambden 181 They grew so formidable even to the Cities and Towns that they fortified and provided against them but upon notice of this the Confederates immediately sent word to the Lord Justice that they design'd no prejudice to the King or his Towns but had assembled to revenge themselves of their Enemies and that they were ready to appear before him at Kilkenny to clear themselves And accordingly in Lent they did meet at Kilkenny with the Lord Justice and the Kings Council 1327. and humbly crav'd a Charter of Peace or Pardon whereon the Lord Justice took time to advise But the Irish of Leinster hoped to advantage themselves of these Commotions and therefore set up Donald Mac Art Mac Morough of the Family of Mac Morough formerly Kings of Leinster for their King It seems he led his Army within two Miles of Dublin but he was defeated and taken Prisoner by Sir Henry Traherne and Walter de Valle who had one hundred and ten pounds reward for their pains and many of the Irish were slain but Mac Morough in January 1329. escaped out of the Castle of Dublin by help of a Rope sent him by Adam Nangle for which Fact Nangle was afterwards condemned and hang'd In the mean time the Lord Justice died at Minooth on Easter-Tuesday and Roger Outlaw Prior of Kilmainham Lord Chancellor was made Lord Justice in whose time David O Tool a strong Thief who had been taken Prisoner by the Lord John Wellesly the Lent before was this Summer condemned and executed at Dublin At this time in the Second Year of this Reign the Noble James Butler married the Earl of Hereford's Daughter Bakâ— which he had by
three Estates were assembled and this sort of Parliament is intended in the Submission of Mac. Mahon 25. Hen. 6. whereby he promiseth that in time of Arch-Parliaments he will carry nothing away out of the English Pale contrary to the Statutes Thus the Annals of Ross mention Quod Magnum Parliamentum tenetur apud Dublin 1333. And Mr. Cambden ad annum 1341 calls it Commune Parliamentum But after all there were but very few Cities or Corporations that were concerned in or summoned to an Irish Parliament until of later Days The Earl of Desmond did indeed associate with the Deputies of many Towns in his Assembly at Kilkenny but that was to strengthen his Party and to enlarge his Confederacy so that whoever will look for an Irish Parliament consisting of Lords Spiritual and Temporal Knights Citizens and Burgesses summoned by the King 's Writ on forty Days Notice and sitting in several Houses as the Custom is now must search the Parliament Rolls to satisfie himself which was the first Parliament of that sort in Ireland for he will not in any History find a sufficient Information in that Particular as I suppose But let us return to the Lord Justice 1345. who summoned a Parliament to meet at Dublin the seventh of June but the Earl of Desmond still refused to come thither and had appointed another Assembly at Calan at which Place several great Men had promised to come Fryar Clun ad annum 1344. but they were prohibited by the King 's Writ and therefore excused themselves to the Earl But the Lord Justice to abate the Insolence of the Earl of Desmond advanced the King's Standard into Mâ—nster he seized on the Earls Lands and gave them in custodiam to those that would take them He also by Stratagem took the Castles of Iniskilly and Island in October following and he hanged three Knights that commanded them viz. Poer Grant and Cotterel Ware antiq 69. Quia multas graves extraneas intolerabiles leges exercuissent tenuissent invenissent viz. Coyn and Livery c. It is probable that Desmond was so mortified with this Usage that he surrendred himself to the Lord Justice and was let to bail on the Recognizance of the Earls of Vlster and Ormond Lib. P. and twenty four Knights but finding the Severity of this Governor he thought it dangerous to appear according to the Condition of the Recognisance and therefore it was estreated into the Exchequer and though the Noblemen and some of the Knights made a shift to get rid of this matter yet eighteen of the Knights lost their Estates and were utterly ruined thereby This Lord Justice did also use means to apprehend the Earl of Kildare which at last he effected and kept him in Prison where he continued till the twenty sixth of May 1346. and then he was discharged by the new Justice on the Recognisance of twenty four Lords and Gentlemen About this time viz. 18 Edw. 3. Seals were made for the Courts of King's Bench and Common Pleas in Ireland And the King pardoned the Archbishop of Dublin late Treasurer of Ireland for sundry false Writs and Acquittances which he had put into his Treasurers Account in deceipt of the King But on Palm-Sunday being the ninth Day of April this severe Governor submitted to his Destiny 1346. to the great Joy of the generality of the People And it is observeable That his Lady who was received like an Empress and lived like a Queen was fain to steal away through a Postern-Gate of the Castle to shun the Curses of her Enemies and the Clamour of her Creditors Sir Roger Darcy was immediately appointed Lord Justice ex assensu ordinatione Regalium aliorum in Hibernia and sworn the 10th of April but he continued only till the 25â—h of May and then surrendred to Sir John Morris Lord Justice who met the bad News that in April before the O Mores had burnt the Castles of Ley and Kilmehide He released the Earl of Kildare out of Prison as aforesaid but continued not long in his Government so that there is little mention of what was done in his time saving that in June the Irish of Vlster slew three hundred of the English of Vrgile and immediately thereupon Sir Walter Birmingham 1346. Lord Justice landed in Ireland and was sworn the 19th of June he procured leave for the Earl of Desmond to manage his Cause in England where that Earl was kindly received and allowed by the King twenty Shillings per diem from the day he landed for his Expences his Estate being I suppose in Custodiam he was diligent in his business and followed the Law hard says my Author for satisfaction for the wrongs done him by Vfford The Lord Justice and the Earl of Kildare in November pursued the O Mores so effectually that they forced them to submit and give Hostages and thereupon the Earl of Kildare obliged by the kindness shewed to his Cozen Desmond in England went in May to serve the King at Calice 1347. where he was Knighted by the King for his good Service and the Lord Justice return'd to England leaving John Archer Prior of Kilmainham Lord Deputy in whose time Donald Oge mac Morrough call'd Prince of Leinster was murdered by his own Followers on the 5th of June and the Town of Nenagh was burnt by the Irish on St. Stephens Day Sir Walter Birmingham 1348. Lord Justice came again from England having first obtain'd for himself the Barony of Kenlis in Ossory which formerly belonged to Sir Eustace Poer one of the Knights taken by Vfford in the Earl of Desmonds Castle of Island and there executed It was about this time Cottons Rec. 66. viz. 21 Edw. 3. that the Commons in the English Parliament did petition the King that Enquiry might be made by good men why he taketh no Profit of what he hath in Ireland seeing he hath more there than any of his Ancestors had And if default be found in the Officers that then such others be put into their places as will answer the King of the reasonable Profit thereof and the King was pleased it should be so They also desire that the Estate of the Earl of Vlster which if the Kings Daughter-in-Law the Duchess of Clarence should die without issue might descend to Co-parceners some of which are the Kings Enemies might be setled otherwise And it seems that by the good usage Desmond and Kildare found in England and France and the daily expectation to have the resumed Lands and Jurisdictions restored which was done anno 1352. the Kingdom was so quiet that we find little or nothing recorded of these times except the alteration of the Governors viz. that The Lord Carew 1349. Lord Justice succeeded Birmingham and that Sir Thomas Rokeby 1349. Lord Justice came over the 20th of December and afterward he returned to England and left Maurice de Rochford 1351. Bishop of Limerick Lord
England and Gerard Fitz Maurice Earl of Desmond was made Lord Justice 1367. he procured a Parly between the Birminghams and some Commissioners he sent but they treacherously seized on Thomas Burly Prior of Kilmaynam and Chancellor the Sheriff of Meath 1368. and Sir Robert Tyrrel c. whereupon James Birmingham who was a Prisoner in Irons at Trim was exchanged for the Chancellor and the others were fain to pay their Ransoms 1369. But on the twelfth of July came over Sir William de Winsor Lord Lieuten who called a Parliament at Kilkenny which gave three thousand Pound Subsidy And soon after another at Ballydoil which gave two thousand Pound Subsidy Pryn 304. towards the Maintenance of the King's Wars Both which Sums were for some time forborn by the King's Order Prin 300 301 but were afterwards levied and paid to the Lord Lieutenant And the King would also have had a Law made against Absentees and sent Orders to that Purpose but it seems that he did not prevail in that Matter This Lord Lieutenant vigorously prosecuted the War against the O Tools and the Rebels of Leinster but was interrupted by a fatal Accident for on the sixth of July near the Monastery of Mayo in the Country of Limerick O Connor and O Bryan got the better of the English and slew the Earl of Desmond and took John Fitz Nicholas Lord of Kerry and the Lord Thomas Fitz-John and many others Prisoners Whereupon the Lord Lieutenant was obliged to march to the Defence of Munster where he behaved himself so well that John Macnamarra a great Man in Thomond was forced to submit Lib. D. and give Hostages for Performance of Covenants one of which was To keep the Peace especially towards the Bishops of Limerick and Killalow Another was Not to annoy the City or Castle of Limerick nor hinder that City in their Fishing or in cutting down Woods in Thomond to build or repair their Houses And a third was That he should restore the Books Ornaments and Chalices he had taken from the Church of Limerick From whence may be observed That Sacriledge was well known and practised in Ireland before the Reformation But to proceed The Lord Lieutenant was sent for to England and therefore on the twenty first of March he deputed Maurice 1371. Earl of Kildare Custos of Ireland and he was sworn the next Day and continued in that Office until Sir Robert de Ashton 1372. Lord Justice arrived In his time there were great Fewds between O Farrel and the English of Meath so that many were killed on each Side and particularly Hussy 1373. Baron of Galtrim the Sheriff of Meath and William Dalton were in May slain by the Irish in Kinaleagh And whereas the Court of Exchequer had issued Process to levy Escuage as well for the Lands seised by the Rebels as for those which the English kept in Possession the King on the twenty second of May sent a Writ to the Exchequer to order that Matter according to Reason and Equity And whereas he was informed That Customs and Impositions were laid upon them which the major Part of the Parliament had not consented to he sent the Lord Justice a strange sort of Writ Pryn 303. which shall therefore be recited REX dilecto sâ—ideli suo Roberto de Ashton Justic suo Hibern Salutem Ex gravi conquestione ligeorum nostrorum Terrae nostrae Hibern accepimus quod cum Willielmus de Winsore nuper locum nostrum tenens in Terra praedicta ad primum Parliamentum post adventum suum in Hibern tent apud Dublin diversa Custumas onera quae antea aliquo tempore concessa non fuerunt ab ipsis Ligeis nostris petiâ—isse viz. de quolibet lasto halecis tres solidos de qualibet centena grossi piscis duodecem denarios de qualibet Centena minoris piscis sex denarios de quolibet dolio Salmonis quatuor solidos de qualibet pipa Salmonis duos solidos de quolibet dolio Vini sex solidos octo denar de qualibet pipa vini tres solidos quatuor denar de qualibet libra â—arnium boum porcorum ovium sex denarios de qualibet weia frumenti sex solidos octo denarios de qualibet weia Brasei fabarum pisar hordei siliginis hastinel quinque solidos de qualibet weia salis sex solidos octo denaer de qualibet libra pellium equorum cervorum Aphrorum pillfell pannor laniar lineorum fuldingoram aliarum merchandizarum sex denarios licet Praelati Magnates alii ligei nostri pro majori parte in dicto Parliamento nostro existentes concessioni levationi solutioni custum onerum praedictorum expresse contradixerunt quidam Praelati de concilio assensu praefat Willielmi existentes aliae singulares personae pro minori parte ejusâ—em Parliamenti in quadam camera congregati custumam onera superdicta absque assensu majoris partis dicti Paliamenti per tres annos tantum non ultra concesserunt praefatus tamen Willielmus alii de concilio suo in rotulis Canc. nosâ—ri ejusdem irrotulari registrari fecerunt quod dicta custumae onera per omnes in dicto Parliamento presentes perpetuis temporibus percipienda concessa fuerunt in ipsorum ligeorum nostrorum Terrae nostrae praedictae destructionem depaâ—perationem manifestam unde nobis supplicarunt sibi per nos de remedio provideri nos nolentes ipsos ligeos nostros injuste onerari vobis mandamus quod premissa omnia eorum singula eisdem modo forma quibus gesta acta fuerunt in proximo Parliamento nostro in Terra praedicta tenendo coram Praelatis Magnatibus Communitate dicti Parliamenti recitari declarari si per expositionnem examinationem eorundem vobis constare poterit premissa veritatem continere tunc irrotulamentum ac record concessionis custumae onerum praedict de assenfu dicti Parliamenti sine dilatione cancellari damnari levationi exactioni custumae onerum praedict ratione concessionis antedict post dictum trientum faciend supersederi faciatis omnino Teste Rege apud Westm 28. die Maii. And now happened the famous Case of Sir Richard Pembridge who was the King's Servant and Warden of the Cinque Ports 2. Inst 47. and being ordered to go over Lord Deputy to Ireland he refused and it was adjudged he might because it was but an honourable Exile and no man can by Law be compelled Perdere Patriam except in the case of Abjuration for Felony or by Act of Parliament And therefore another was sent viz. Sir William Windsor 1374. Lord Lieutenant who arived at Waterford on the eighteenth Day of April 1374. and was sworn at Kilkenny the fourth of May He undertook the Custody or Government of Ireland for eleven thousand two hundred and thirteen
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
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
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
bind themselves to Allegiance by Oath and Recognizance and when he returned to Dublin on the 26th Octavianus Archbishop of Armagh Philip Birmingham Chief Justice of the Kings Bench and Thomas Dowdal Master of the Rolls followed the same Example There was great intercession made for Prior Keating and Thomas Plunket Chief Justice of the Common Pleas and at length Plunket was pardon'd but Keating was not only left unpardoned but was also removed from the Command of the Castle of Dublin whereof it seems he was Governour or Constable and Richard Archbold whom he had formerly ejected was now restored and perhaps Keating had been used worse if his Habit and Order had not protected him for the King hated him more than all the rest being as it seems one of the most violent and most powerful Abettors of the Impostor Symnel and so Sir Richard Edgecomb having faithfully executed his Commission embarked at Dalky the 29th of July and arrived in Cornwal on the 8th of August Soon after this the Lord Deputy and Council sent over the Bishop of Meath to obviate the Designs of their Enemies and to thank the King for his Favours and to assure him of their future Allegiance and he managed his Negotiation so successfully that although the Archbishop of Armagh who was of the Kings side and a Favourite did use his utmost Endeavours to get the Chancellorship yet he could not obtain it lest thereby Kildare and his Party might be disobliged and the Kingdom just now appeased and growing towards a Settlement might again be disturbed by new Jealousies and Commotions And now the Lord Deputy is at leisure to call Macgeoghan to account for all his Depredations in the Pale 1489. he invaded his Country and took the Castle of Bileragh and preyed and wasted the whole Territory of Moycassel and being loaden with Booty he returned to Dublin But the King being still jealous of the Nobility of Ireland whom he knew to be exceedingly addicted to the House of York sent for most of them to come over to him into England and thither went the Earl of Kildare the Viscounts Buttevant and Fermoy and the Lords of Athenry Kingsale Gormanstown Delvin Hoath Slane Killeen Trimleston and Dunsany They waited on the King at Greenwich where Lambert Symnel served as Butler purposely to ridicule and expose their Folly who would Crown such a Fellow for their King but after some sharp Reproofs they were all taken into Favour and graciously dismiss'd I suppose not without some Presents though only that of three hundred Pieces of Gold to the Lord of Hoath be mentioned But whilst these things were doing in England Maurice Buckagh Earl of Desmond obtained two Victories in Ireland the one against Morough O Carol who was slain in the Battel together with his Brother Moyl Murry and the other against Dermond Mac Teige Carty whom he also killed On the 6th of July a Provincial Synod was held at Athird Ware 24. by Octavianus Archbishop of Armagh at which were present the Bishops of Meath Clogher Ardagh Dromore Kildare Raphoe and Cluanmacnoise There was a great Contest at this Synod between Thomas Brady and one Cormock about the Bishoprick of Kilmore it was by common consent refer'd to the determination of the Bishops of Meath Clogher and Ardagh and what End they made of it non constat but six years after both of them were called Bishops of Kilmore and as such both of them were permitted to sit in the Synod of Drogheda The Summer and Harvest were so wet in Ireland 1491. that the Corn could not be saved and therefore a great Dearth ensued which was accompanied with a Disease called the Sweating Sickness which now came to be first felt and known in Ireland And it seems that a Parliament was held at Trim on Friday after Epiphany but none of their Acts are extant But in March a Proclamation issued against bad Money and Nicholas Flyn was made Supervisor of the Mints at Waterford and Dublin It was about this time that O Neal wrote this short and famous Letter to Hugh Roe O Donel from whom he demanded Chief-Rent which the other denied and refused to pay Cur hoom mi Keesh no monna Curhir i.e. Send me my Rent or if you don't as much as to say he would force him to it But O Donel replied Neel Reesh a gut urm agus dabeh i.e. I owe you no Rent and if I did meaning that he would not pay it so to Blows they go and after some Bickerings and Losses on both sides they agreed to refer all their Differences to the Lord Deputy but in vain for all that he could do could not reconcile them So to Blows they fall again and came to a bloody Battel wherein the Loss was almost equal but if there were any disadvantage in that Point it was of O Donel's side but that was more than balanced by the Death of O Neal who in January 1492 was Murdered by his Brother Henry so that Tyrone became divided between Henry and Daniel O Neal betwixt whom there was continual Wars until the year 1497. and then upon the Resignation of Daniel Henry became sole Proprietor and the same year of 1497 O Donel likewise being superannuated and decrepit gave up his Principality of Tirconnel to his Son Con. But the King finding that the Duchess of Burgundy was again busie at work about setting up another Impostor thought it necessary to put the Government of Ireland in the hands of such as he might confide in and therefore he removed the Earl of Kildare and Walter Fitz-Symons 1492. Archbishop of Dublin was made Lord Deputy to Jasper Dukâ— of Bedford and Sir James Ormond Natural Son to John Earl of Ormond was made Lord Treasurer in the room of Eustace Lord of Portlester who had enjoyed that Office eight and thirty years This new Lord Treasurer came to Ireland in June with a small Band of Souldiers and it so hapned that upon some Quarrel between him and the Earl of Kildare near Dublin there was a Skirmish which proved very prejudicial to both the Families of Butlers and Giraldines and the more because the Irish took advantage thereby to infest the Pale and to disturb the English Borders However in September following more Alterations were made in the great Offices of State Alexander Plunket was made Lord Chancelor Thomas Butler Master of the Rolls and Nicholas Turner was constituted Chief Justice of the Common Pleas in August before and the Earl of Ormond and the Prior of Canterbury were sent Ambassadors to the French King This Summer was so dry that abundance of Cattel perished for want of Water and the Air grew so Pestilential that a multitude of People and particularly the Lord of Slane died of the Plague But a greater Mischief than this hapned to the unfortunate Kingdom of Ireland by the Arrival of Perkin Warbeck who to supply the Defects of the former Imposture did pretend to be Richard Duke of
York Second Son of Edward the Fourth to whom the Crown did really belong if he were living and this Perkin did personate him so well that there remains some doubt to this day whether he were an Impostor or not but supposing he was it was cunningly contrived to let him first appear in Portugal as a Child that had in a skulking manner fled from the Cruelty of his usurping Unkle besides Portugal was a Place with which the Duchess of Burgundy had not much Correspondence and therefore it could not be suspected that she had a hand in the Cheat but however that be young Perkin set Sail from Lisbon and arrived safely at Cork where he was kindly received by the Citizens and particularly by John Walters an eminent Merchant of Cork who probably was then Mayor and whose Apprentice Perkin had been as they say he wrote Letters to the Earls of Kildare and Desmond for their Assistance against King Henry but before he received their Answers he received Letters from the French King inviting him thither and so to France he went and was royally received and entertained until that King made Peace with King Henry and then Perkin made a seasonable Retreat into Flanders where he was exceeding welcome to his supposed Aunt the Duchess of Burgundy and there we will leave him for a while and return to our â—ord Deputy He held a Parliament at Dublin 1493. on Friday after Midsummer which it seems vacated some Indictments and Inquisitions that had formerly been made to the prejudice of this Lord Deputy by the Means of the Lord Portlester and now the Tables being turn'd and the Votaries of the House of Lancaster at Helm the Lord Portlester himself was questioned in the Exchequer for the miss-management of his Office of Treasurer This Parliament did also repeal a former Act made against the City of Waterford and restored that City to all its ancient Liberties and Priviledges and it is probable that there was also an Act of Parliament now made for the general Resumption of all the Crown Lands that were alienated or granted away since the first year of King Henry the Sixth but none of the Acts of this Parliament are Printed except one for the cleansing of the Water-Course in St. Patrick-street in Dublin and so this Parliament being dissolved in August the Lord Deputy on the sixth of September following resigned to Robert Preston Viscount Gormanstown Lord Deputy to the Duke of Bedford who it seems had not Commission to call a Parliament nevertheless he did call one which met at Drogheda and made several Statutes which were absolutely void for the Defect aforesaid however they were expresly repeal'd by 10 Hen. 7. cap. 23. And these farther Reasons were given for it 1. That the Lord Lieutenant had surrendred his Patent before the Summons And 2. Because the Parliamentary Summons did not issue to all the Shires but to four Shires only On the Twelfth of September this Lord Deputy called several of the Nobility to Trim where they subscribed Articles for the Peace of the Kingdom viz. That no man should make War without the Deputies Consent and that several Extortions and Tributes that were used and demanded should be abrogated and suppressed and that Murderers Thieves and Vagabonds should be punished c. There were present at this Assembly Alexander Plunket L. Chancellor Girald Earl of Kildare the Bishops of Meath Kildare the Lords of Slane Delvin Killeen Houth Trimletston and Dunsany c. And they gave Recognizanse and Hostages for the observation of those Articles and after this he called the Parliament aforesaid In October the late Lord Deputy Fitz-Symons went into England to give the King a full Account as well of his own Government as of the present State of the Kingdom of Ireland and not long after viz. in November following the Earl of Kildare hearing he was impeach'd in England went also thither to justifie himself before the King but the L. Deputy leaving the Government in the Hands of his Son followed the Earl to England and by the Assistance of Sir James Ormond Lord Treasurer of Ireland he so far prevailed that Kildare's Justification was rejected and himself sent over Prisoner to Ireland to the end the Matter might be more fully examined upon the place 1494. by Sir Edward Poynings Knight of the Garter Lord Deputy whose chief Errand was to suppress the Abettors of Perkin Warbeck he came over the thirteenth of September and immediately made great Alterations amongst the Ministers of State Henry Dean Bishop of Bangor he constituted Lord Chancellor Sir Hugh Conway was appointed Treasurer Thomas Bouring was made Chief Justice of the Kings Bench as John Topcliff was of the Common Pleas and Walter Ever was made Chief Baron of the Exchequer all which were Englishmen born and good Lawyers and were sworn of the Privy Council of Ireland This Deputy brought over with him about one thousand Souldiers and resolved to invade Vlster to pursue some of Perkins's Friends that fled thither it is strange he should use the Earl of Kildare's assistance in this Expedition however together they went accompanied with Sir James Ormond who had resigned the Office of High Treasurer they did great Execution on the Irish and harass'd the Territories of O Hanlon and Mac Genis and others It was suggested That Kildare did secretly treat and conspire with O Hanlon to destroy the Lord Deputy for which he was Attainted as shall be shewn hereafter but it seems he was innocent of that Matter not only because O Hanlon cleared him upon Oath two years after but also because he was acquitted in England upon full hearing before the King Nevertheless Kildare's Brother did at this time seize on the Castle of Caterlogh whereupon the Lord Deputy was necessitated to clap up a sort of a Peace with O Hanlon and Macgenis and so having taken their Oaths and Hostages he immediately marched to Caterlogh which after ten days Siege 1494. was surrendred unto him And so in November on Monday before the Feast of St. Andrew sate that famous Parliament at Drogheda which Enacted I. That the Treasurer might appoint his under-Officers here as is used in England and shall account once a year here before the Barons of the Exchequer and such of the Council as the Lord Deputy shall appoint and the same Accounts to be certified into England and finally determined and setled there II. That no Minister of Justice viz. The Chancellor Treasurer Judges Clerk or Master of the Rolls nor any Officer Accomptant shall have their Places but during the King's Pleasure III. An Act adnulling a Prescription which Traytors and Rebels claimed in Ireland The Reason of this Act was because Richard Duke of York at his last being in Ireland did Cause an Act to be made That Ireland should be a Sanctuary for Refugees and that it should be Treason to disturb any body there by any Writ Privy Seal or other Matter from England and
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
another Parliament at Dublin by the Title of Lord Deputy to Henry the King 's second Son who it seems was about this time made Lord Lieutenant but there is no Record remaining of what they did except some Amercements or Fines they imposed on some that were summoned to that Parliament and did not appear The Lord Deputy began the Year 1499 with an Expedition into Connaught 1499. where he took the Castles of Athleage Roscomon Tuilsk and Castlereagh and placed Garrisons in them And in the mean time Tirlagh O Brian who after the Death of Gil-duff was Chief or Lord of Thomond had great Contests with Sir Pierce Butler about Preys and Bounds of Land which according to the Custom of these Times centred in a Battle wherein the Butlers were defeated and the Sovereign of Kilkenny was slain It seems that there was another Parliament held at Castledermond which Town I suppose was then and still is belonging to the Earls of Kildare on the twenty sixth of August which gave the King and his Heirs an Impost of twelve Pence per Pound of all Merchandize imported to be sold here Irish Stat. 43. Wine and Oyl excepted And it is probable That there were some Orders if not Acts That the Nobility should ride on Saddles Ware 's An. 60. according to the English Custom and should wear their Robes in Parliament And both the Clergy and Laity gave the King a Subsidy The Printed Book of Statutes has only the first of these Acts and places the Parliament in anno 1500. which is undoubtedly a Mistake And Sir James Ware ascribes the aforesaid Act against Customers to this Parliament which is also a Mistake And both these Oversights will appear and 〈◊〉 rectified if you rightly consider the beginning of the King◠Reign the twenty second of August 1485. and that the Earl of Kildare was Lord Lieutenant 14 Hen. 7. when 〈…〉 Act was made and was Lord Deputy when the later 〈…〉 sate And that this change of his Title happened 〈…〉 later end of the Year 1498. It seems that the Male-contents in Ireland having los◠their beloved Idol Perkin Warbeck would not so give out but were active to set up the Bastard-Son of Richard the Third or some body that should personate him but it came to nothing And so we are come to the Year of Jubile 1500. which concludes the Fifteenth Century and brought with it large Indulgences from the Pope Alexander the Sixth to be distributed by his Agent Gasper Pow to all the King's Subjects who would contribute to the War against the Turks but if we may believe Polydor Virgil the Irish had the good Manners to thank the Pope for his Favour and the Wit to keep the Money in their Purses But the Lord Deputy made another Expedition into Vlster probably in favour of his Nephew Tyrlogh O Neal for as soon as he had taken the Castle of Kinard he made Tyrlogh Governor of it and returned On the First of August the Charter of Cork was restored and their Priviledges enlarged by a new Charter which was followed by a sad Accident for David Barry Arch-Deacon of Cork and Cloyne murdered his own Brother William Lord Barry and was himself serv'd in the same kind by Thomas Barry and his Body taken out of the Grave and burnt by Command of the Earl of Desmond And so we must close this Century with the accidental and unfortunate Conflagration of the Town of Galway which was first governed by a Provost then Sovereign and Bayliffs then Mayor and Bayliffs and now by Mayor and Sheriffs and with very wet and bad Weather which continued from the middle of September to the End of Winter Leinster and Munster were indifferent quiet all this Year 1501. but Vlster and Connaught were far otherwise one of the O Connors took the Castle of Sligo by Assault and many private Murders were committed in Vlster O Neal also and the Scots had some Bickerings near Armagh on the 17th of March to the Damage of the later who lost four Captains and sixty Souldiers and to this time we must refer these Bald Verses representing the miserable Estate of Armagh Civitas Armachana Civitas vana absque bonis moribus Mulieres nudae Carnes crudae Paupertas in Aedibus The next Year produced a General Murrain amongst the Cattel all over Ireland and many Murders in Vlster upon private and frivolous Quarrels But in the beginning of the Year 1503. 1503. the Lord Deputy went to England leaving Walter Fitz-Symons Archbishop of Dublin Lord Deputy but he staid not above three Months in England for having done his Business to his Mind he return'd in August with great Honour and new Instructions Girald Earl of Kildare Lord Deputy being returned did about the latter end of Autumn make another Expedition into Vlster where he took and destroyed the Castle of Belfast and placed one Stanton and a good Garrison in Carigfergus and then marched back to Dublin In the mean time Theobald Burk Proprietor of Muskry-Cuirk in Munster was slain in a Skirmish with Donough O Carol and Cornelius O Dwyer but another of the Burks had better Fortune in Connaught for he defeated Malachiah O Kelly and all his Party On the 18th of February Girald Fitz-Girald the Lord Deputy's Eldest Son was made Lord High Treasurer of Ireland of whom we shall read more hereafter But the Irish Lords finding themselves too weak separately to oppose Kildare as they used to do to other Governors many of them confederated together the Principal of them was Vlick Burk Chief of Clanricard commonly called Mac-William Tyrlogh O Brian Chief of Thomond Melrony O Carol c. and got together the greatest Army that had been in Ireland since the Conquest whereof the Lord Deputy having notice he also assembled his Forces and being accompanied by the Lords of Gormanstown Slane Delvin Killen Houth Trimletston and Dunsany John Blake Mayor of Dublin O Donel O Reyly Ware 71. the Bishop of Ardah the Gentlemen of Annaly now Longford and some Townsmen of Drogheda and some others from the North he marched into Connaught and on the 19th of August at Knocklow both Parties met and fought a bloody Battel 1504. which was for some hours very dubious but at last the Lord Deputy got the Victory with the Slaughter of four thousand of his Enemies nine thousand says the Book of Houth and he also took some Prisoners amongst whom the two Sons of Vlick Burk were the chiefest it is prodigious that not one Englishman should be so much as hurt in this mighty Battel and yet in the white Book of the Exchequer it is so recorded Holingshead 79 The Consequence of this great Victory was the Surrender of Gallaway and Athenry the Destruction of that whole Country and the overloading the Conquerors with Prey and Booty Kildare being returned bestowed thirty Tun of Wine upon his Souldiers and the King bestowed a Garter on him and made him a
Monasterpheoris in the King's County And this Year began the Lateran Council under Julius II which ended under Leo X anno 1518. Kildare having the last Year put himself into a Condition of appearing early and formidably abroad this Spring 1512. undertook an Expedition into Vlster the Castle of Belfast which he had demolished nine Years since was now again repaired but unable to resist the Power of the Deputy it was again the second time taken and destroyed It is not recorded that Kildare met with much opposition so that he had little to do but to burn and waste the Country and to gather the Preys together most part whereof he divided among his Soldiers Rokeby Archbishop of Dublin held a provincial Synod at Dublin but what they did non constat for the Canons are lost And the Lord Deputy built the new Chappel in the Choir of Christ Church Dublin where himself was afterward buried About this time the Citizens of Dublin did assault the Earl of Ormond in S. Patrick's Church and shooting at random defaced Images c. For which Sacrilege they were enjoyned this Penance by a Legate sent on purpose viz. That the Mayor should go barefoot through the City before the Eucharist on Corpus Christi Day which was performed accordingly But because of the manner of Expression used in those Days and some other Curiosities in the Story I will insert it at large in the Words of Holingshead Between Gerald Earl of Kildare and James Butler Hâ—â—ingshead 82. Earl of Ormond their own Jealousies â—ed with Envy and Ambition kindled with certain lewd factious Abetters on either side as generally to all Noblemen so especially to both those Houses very incident ever since the ninth Year of Henry the Seventh bred some trouble in Ireland The Plot of which mutual Grudge was grounded upon the factious Dissention which was in England between the Houses of York and Lancaster Kildare cleaving to York and Ormond relying to Lancaster to the upholding of which Discord both these Noblemen laboured with Tooth and Nail to overcrow and consequently to overthrow one the other And for so much as they were in Honour Peers they wrought by Hook and by Crook to be in Authority Superiors The Government therefore in the Reign of Henry the Seventh being cast on the House of Kildare James Earl of Ormond a deep and far reaching Man giving back like a butting Ram to strike the harder Push devised to inveagle his Adversary by Submission and Courtesie being not then able to over-match him with Stoutness or Preheminence Whereupon Ormond addressed his Letters to the Deputy specifying a Slander raised on him and his That he purposed to deface his Government and to withstand his Authority And for the clearing of himself and his Adherent so it stood with the Deputy his Pleasure he would make his speedy Repair to Dublin and there in an open Audience would purge himself of all such odious Crimes of which he was wrongfully Suspected To this reasonable Request had the Lord Deputy no sooner condescended than Ormond with a puissant Army marched towards Dublin incamping in an Abby in the Suburbs of the City named S. Thomas Court The approaching of so great an Army of the Citizens suspected and also of Kildare's Counsellors greatly disliked Lastly the Extortion that the lawless Soldiers used in the Pale by several Complaints detected These three Points with divers other suspicious Circumstances laid and put together did minister occasion rather of further Discord than of any present Agreement Ormond persisting still in his humble Suit sent his Messenger to the Lord Deputy declaring That he was prest and ready to accomplish the Tenor of his Letters and there did attend as became him his Lordship his Pleasure and as for the Company he brought with him from Munster albeit suspicious Brains did rather of a malicious craftiness surmise the worst than of charitable Wisdom did judge the best yet notwithstanding upon Conference had with his Lordship he would not doubt to satisfie him at full in all Points wherewith he could be with any Colour charged and so to stop up the Spring from whence all the envious Suspicions gushed Kildare with this mild Message intreated appointed the Meeting to be at S. Patrick his Church where they were ripping up one to another their Mutual Quarrels rather recounting the Damages they sustained than acknowledging the Injuries they offered The Citizens and Ormond his Army fell at some jar for the Oppression and Exaction with which the Soldiers surcharged them with whom as part of the Citizens bickered so a round knot of Archers rushed into the Church meaning to have murthered Ormond as the Captain and Bell-Wether of all this lawless Rabble The Earl of Ormond suspecting that he had been betraied fled to the Chapter-House put too the Door sparring it with Might and Main The Citizens in their Rage imagining That every Post in the Church had been one of the Soldiers shot hab nab at random up to the Rood-Loft and to the Chancel leaving some of their Arrows sticking in the Images Kildare pursuing Ormond to the Chapiter-House-door undertook on his Honour That he should receive no Villany Whereupon the recluse craving his Lordships Hand to assure him his Life there was a Clift in the Chapiter-House-Door pierced at a trice to the end both the Earls should have shaken Hands and be reconciled But Ormond surmising that this Drift was intended for some further Treachery that if he would stretch out his Hand it had been percase chopt off refused that Profer vntil Kildare stretch'd in his Hand to him and so the Door was opened they both embraced the Storm appeased and all their Quarrels for that present rather discontinued than ended In this Garboil one of the Citizens surnamed Blanchfield was slain This latter Quarrel being like a green Wound rather bungerly botcht than soundly cured in that Kildare suspected That so great an Army which the other alledged to be brought for the Guard of his Person to have been of purpose assembled to outface him and his Power in his own Country and Ormond mistrusted That this tracherous Practice of the Dublinians was by Kildare devised These and the like Surmises lightly by both the Noblemen misdeemed and by the continual twatling of Fliring Clawbacks in their Ears whispered bred and fostered a Malice betwixt them and their Posterity many Years incurable which caused much Stir and Unquietness in the Realm until the Confusion of the one House and the nonage of the other ended and buried their mutual Quarrels Ormond was nothing inferior to the other in Stomach and in reach of Policy far beyond him Kildare was in Government mild to his Enemies stern to the Irish such a Scourge that rather for despite of him than for Favour of any part they relyed for a time to Ormond came under his Protection served at his Call performed by Starts as their manner is the Duty of good Subjects Ormond was
And so having wasted that Country he marched into Tyrone where he took and burnt the Castle of Dungannon and preyed and burnt all the Country thereabouts But the Citizens of Dublin had not so good luck for a Company of them thinking that the very Name of the King's Forces could obtain Victories over the Irish made an Incursion into Imaly but being as we say Fresh-Water Soldiers upon the Slaughter of a few of them the rest were frightned back to their Shops The Winter this Year was exceeding Cold and the Ice strong enough to bear all manner of Carriages which is very unusual in Ireland And this Winter Queen Mary was born whose Superstitious Zeal proved as extream Hot as the Weather was Cold. The Fortune and Victories of the Lord Deputy influenced the Irish to be quiet this Year and the Reputation of the Government was somewhat augmented by the Honourable Peace which the King made with the French 1518. in September which was afterwards proclaimed in Dublin In the mean time Ware 54. places this Anno 1597. but is mistaken great were the Dissentions in Ireland between Sir James Ormond a Man of great Courage and Reputation and Sir Pierce Butler a valiant Gentleman about the Earldom of Ormond the former was a Natural Son of John by some called Earl of Ormond elder Brother of Thomas the last Earl and the other was Son of Sir James Butler Son of Sir Edmund Son of Sir Richard Butler who was Brother to James the Fifth Earl of Ormond so that Pierce his Grandfather Sir Edmond was Cozen German to the Deceased Earl Thomas Hereby it appears that the Right to that Earldom was in Sir Pierce who had married the Lady Margaret Fitz-Girald the Lord Deputies Sister nevertheless Sir James having formerly been Lord Treasurer and a very popular Man and probably the Manager of this Estate for his Unkle Thomas who always resided in England by the help of the Tenants got into possession and by the same assistance and his own vigor he kept what he had got without allowing any thing to the right Heir towards his maintenance whereby that Noble Pair Sir Pierce and his Wife were reduced to great extremity It is scarce credible that Persons of that Quality and so well allied should be forced to lurk in Woods and want a Bottle of Wine for their Refreshment Holingsh 84. and yet Stanyhurst reports a formal Story That the Lady Margaret Fitz-Girald Wife of Sir Pierce Butler being great with Child complained to her Husband and their Servant James White that she could no longer live on Milk and therefore earnestly desired them to get her some Wine whereto Sir Pierce replied That she should have Wine enough within twenty four hours or feed alone on Milk for him and immediately he went away with his Page to lie in wait for his Competitor whom he met the next day riding with six Horsemen Attendants between Drumore and Kilkenny March 17. and upon a sudden Sir Pierce rushed in upon him and kill'd him with his Spear and thenceforward enjoyed the Estate in quiet This Year Rokeby Archbishop of Dublin who was likewise Lord Chancellor held a Provincial Synod at Dublin the Canons whereof are to be found in the Registry of the Bishop of Clogker And this Year or the next Art O Neal invaded and wasted O Dogherty's Island of Inisowen in the County of Donegal The Enemies of the Earl of Kildare had the last year done what they could underhand to disgrace him in England but he had so well defended himself by his Friends there 1519. that their Design was ineffectual wherefore they address'd themselves to Cardinal Wolsey and by his means procur'd Kildare to be recalled to answer Articles exhibited against him for Male-administration First Ware 98. That he had enriched himself and Followers by the King's Revenue and Land Secondly That he had Alliance and Correspondence with several Irish he had the King's Leave to substitute a Deputy so he appointed Sir Thomas Fitz-Girald of Lackagh a Knight of his own Family Lord Justice in the mean time Kildare marries in England with Elizabeth Grey Daughter of the Marquess of Dorset by whose means he got favour in England and was dismiss'd but Cardinal Wolsey suggesting the King had neglected Ireland too long and that some worthy man ought to be sent over that was impartial to any Faction or Party and was able to keep them not only more peaceable amongst themselves but also more serviceable to the King to the end that the Blood and Vigor which else would be spent in their Civil Dissentions might be opposed to the common Enemy he procured to be sent into Ireland Thomas Howard Earl of Surrey Lord Admiral of England Wales and Ireland Knight of the Garter Lord Lieutenant 1520. he came over the Wednesday before Whitsontide with an hundred of the Guards and a thousand others Horse and Foot by this the Cardinal obtained a double Advantage first In disappointing his Enemy the Earl of Kildare of the Government of Ireland and secondly In removing the Earl of Surry from the Court of England where he was a great Favourite On Whitsunday the Lord Lieutenant was alarum'd with a Report That Con Buckah O Neal who by Popular Election succeeded his Brother Art had invaded Meath with four thousand Horse and twelve thousand Foot says Paulus Jovius but falsly Surry was in haste to encounter the Rebel not doubting but that the Victory would be an honourable and happy Omen of his future Government and therefore adding to his small Army such of the Militia called The Risings out of City and Country as he could get on so short warning he marched to Slane but O Neal was frightned with the Name of this General and retir'd so fast that the Lord Lieutenant could neither find him nor his Army but not long after O Neal sent Letters to implore Pardon which was granted him on promise of future Obedience On the sixth of September the Lord Lieutenant wrote to the Cardinal That some Soldiers had seized on a Boat with design to be Pyrates but being prevented and apprehended they continued in Gaol because they could not be capitally punished by the Common Law and he had no Clause of Martial Law in his Commission as indeed he had not nor of conferring Knighthood which is strange and the better to ingratiate with the Cardinal he added That the Earl of Kildare will be found guilty of sending Letters to O Carol to raise a Rebellion and that if Kildare should be suffered to come to Ireland the whole Kingdom will be undone and he concludes That there is so great a Scarcity and Dearth in Ireland that the Soldier cannot live on four pence a day and therefore desires that a penny a day may be added to their Pay In October Lib. CCC the King wrote to the Lord Lieutenant That there will never be a thorough Reformation in Ireland until all
and after half a years abode there they went to Kilbritton in the County of Cork where Elianor Fitz-Girald Mac Carty Riagh's Widow then lived Soon after she married with O Donel and made it one of the Articles of her Agreement That he should protect her Nephew the young Fitz-Girald which he faithfully promised and thereupon they went together to Vlster but they were not there a Twelve-month before the Lady understood that her perfidious Husband had agreed to betray her Nephew and therefore she sent him privately into France and gave him sevenscore Pieces of Gold call'd Portugueses to bear his Charge and afterwards upbraided O Donel with his Treachery and told him That as nothing but the Preservation of her Nephew could have prevailed with her to marry such a clownish Curmudgen so since he villanously endeavoured to betray her in that Particular she would stay with him no longer and so away she went and never saw him more But the Young Fitz-Girald arrived safely at S. Maloes and being sent for up to Paris the English Embassador there demanded him of the French King by virtue of the Peace lately concluded The French King gave him a dilatory Answer and in the mean time Fitz Girald escaped to Flanders at Valencienes he was overtaken by James Sherlock whom the Embassador sent to pursue him but the Governour of that Town committed Sherlock and so Fitz-Girald got safe to Brussels but the English Embassador demanded him there also so that he was forced to remove to Leige and was by the Emperor recommended to the Bishop of Leige and allowed a hundred Crowns a Month for his Expence But he staid there not above half a Year before his Kinsman Cardinal Poole sent for him to Rome and placed him successively with the Bishop of Verona the Cardinal of Mantua and the Duke of Mantua and allowed him an Annuity of three hundred Crowns per annum and the Duke of Mantua gave him the like Pension With them he staid a Year and a half and then removed to Cardinal Poole's Palace in Rome where he continued three Years The next Year after he spent in Service with the Knights of Malta and behaved himself exceeding valiantly Then he became Master of the Horse to the Great Duke of Tuscany and continued in that Office three Years One Day as he was hunting Holingshead 99. in the company of Cardinal Farneze he fell into a Pit twenty nine Fathom deep and had the good Luck within two Fathom of the Bottom to quit his Horse and take hold of some Roots or Bushes that were on the Side of the Pit and by degrees he let go his Hold and gently descended upon his Horse which was dead in the Bottom of the Pit and there he stood three Hours up to the Ankles in Water until his Grey-hound called Griff-hound missing his Master hunted him to the Pit and there fell a howling till the Company came in and with a Rope and a Basket drew him up alive and well to all their Admirations to mine too if I did not think this part of the Story to be a little Monkish And since I am upon Digressions Analecta Hib. Sullevan Cath. Hist. 71. it will be fit to remember That Doctor Traverse who was an active Man in Fitz-Girald's Rebellion and was therefore executed at Tyburn as the Traytor well deserved has nevertheless found a Room in the Irish Martyrology and is mentioned as an Instance of the English Cruelty by the Irish Historians And so we will conclude the Year 1535 with the Consecration of George Brown Archbishop of Dublin Ware de Praesulibs which was performed by the Archbishop of Canterbury and the Bishops of Rochester and Salisbury on the nineteenth or rather twenty ninth of March he had formerly been Provincial of the Fryers of the Order of S. Augustine Bish Brown's Life in England And whilst he was so he used to Preach That Salvation was to be obtained by the Merits of Christ and advised to make Application to him only for which Doctrine he was much taken notice of He became the first Protestant Convert of the Clergy in Ireland and was an exceeding Charitable and Meek Man He was the first that caused Images and other Superstitious Reliques to be removed out of the two Cathedrals in Dublin and out of the rest of the Churches within his Diocess And he caused the Ten Commandments the Lord's Prayer and the Creed to be placed in gilded Frames about the Altar in Christ-Church Dublin It seems that the King did send Commissioners into Ireland to remove the Pope's Authority thence and to reduce it to conformity with England if so undoubtedly Archbishop Browne was one of the Commissioners as will appear by the following Letter sent by him to Cromwel Lord Privy Seal who was the chief Mannager of that Matter My Most Honoured Lord YOVR humble Servant receiving your Mandate Septemb. 4. 1535. as one of His Highnesses Commissioners hath endeavoured almost to the Danger and Hazard of this Temporal Life to procure the Nobility and Gentry of this Nation to due Obedience in owning of his Highness their Supreme Head as well Spiritual as Temporal and do find much oppugning therein especially by my Brother Armagh who hath been the main Oppugner and so hath withdrawn most of his Suffragans and Clergy within his See and Jurisdiction He made a speech to them laying a Curse on the People whosoever should own his Highness's Supremacy saying That this Isle as it is in their Irish Chronicles Insula Sacra belongs to none but the Bishop of Rome and that it was the Bishop of Rome's Predecessors gave it to the King's Ancestors There be two Messengers by the Priests of Armagh and by that Archbishop now lately sent to the Bishop of Rome Your Lordship may inform his Highness That it is convenient to call a Parliament in this Nation to pass the Supremacy by Act for they do not much matter his Highness's Commission which your Lordship sent us over This Island hath been for a long time held in Ignorance by the Romish Orders And as for their Secular Orders they be in a manner as ignorant as the People being not able to say Mass or pronounce the Words they not knowing what they themselves say in the Roman Tongue The common People of this Isle are more Zealous in their Blindness than the Saints and Martyrs were in the Truth at the beginning of the Gospel I send to you my very good Lord these things that your Lordship and his Highness may consult what is to be done It is feared O Neal will be ordered by the Bishop of Rome to oppose your Lordships Order from the King's Highness for the Natives are much in Numbers within his Powers I do pray the Lord Christ to defend your Lordship from your Enemies On the twenty eighth of April the King sent Orders to the Town of Galway to use the English Order 1536. Lib. H. Habit
Souls paid Tribute to Caesar though no Christian greater Honour then surely is due to your Prince His Highness the King and a Christian one Rome and her Bishops in the Fathers Days acknowledged Emperors Kings and Princes to be Supreme over their Dominions nay Christs own Vicars and it is much to the Bishop of Rome's shame to deny what their precedent Bishops owned Therefore his Highness claims but what he can justifie the Bishop Elutherius gave to S. Lucius the first Christian King of the Britains so that I shall without scrupling vote his Highness King Henry my Supreme over Ecclesiastical Matters as well as Temporal and Head thereof even of both Isles England and Ireland and that without Guilt of Conscience or Sin to God and he who will not pass this Act as I do is no true Subject to his Highness XIII That the King and his Heirs and Successors for ever shall have the twentieth part of the yearly Profits Revenues Rents Farms Titles Offerings and Emoluments Spiritual and Temporal belonging to any Archbishoprick Bishoprick Abbacy Monastery Priory Arch-Deaconry Deanry Hospital Comandry College House Collegiate Prebend Cathedral-Church Collegiate Church Conventual Church Parsonage Vicarage Chantry or Free Chappel or other Promotion Spiritual whatsoever And the King was so well pleased with this Act Lib. H. that he sent a particular Letter of Thanks to the Lords Spiritual for granting him the twentieth part of their Livings yearly for ever XIV That no Subject shall be shaved above his Ears or wear Glibbs or Crom-meals i.e. Hair on the upper Lip or Linnen died in Saffron or above seven yards of Linnen in their Shifts and that no Woman wear any Kirtle or Coat tucked up or embroydered or garnished with Silk or couched ne laid with Usker after the Irish Fashion and that no Person wear Mantles Coats or Hoods after the Irish Fashion except Women Horse-boys Cow-boys and Soldiers at the rising out and Hostings all which may wear Mantles And that every body shall endeavour to learn the English Language and conform to the English Fashion c. XV. And that Benefices shall not be given to any that cannot speak English unless after four Proclamations in the next Market-Town to the Benefice on four several Market-Days a Person that can speak English cannot be got and that then an honest able Irishman may be admitted on his Oath that he shall do his utmost endeavour to learn the English Language and observe the English Order and Fashion and teach those under him to do the like and shall keep an English School in his Parish to that purpose c. XVI An Act for the Suppression of Abbies XVII An Act against transporting of Wool and Flocks XVIII An Act about the Proof of Testaments XIX The Act of Faculties prohibiting the Subjects from paying any Pensions Cences Portions Peter-pence or any other Impositions to the use of the Pope and extinguishing and suppressing them for ever and authorizing Commissioners appointed by the King to grant Faculties and Dispensations as the Archbishop of Canterbury may do in England by vertue of the Act of Faculties there which is made of Force in Ireland XX. That Poyning's Act be suspended pro hac vice XXI An Act for Limitation of Actions on Penal Statutes viz. That Actions in the King's Name be commenced within three years after the Offence and Actions Popular within one year XXII An Act for prostrating the Wares on the River Barrow c. XXIII An Act for uniting and annexing the Parsonages and Vicarages of Dungarvan c. to the Crown XXIV That no body presume to leaze Corn whilst there be any Stacks or Reeks of Corn in the Field And that every man that cannot keep his Child at School do at ten years of Age put him to Handicraft or Husbandry XXV That the Leases made or to be made by the King's Commissioners viz. Saintleger Pawlet c. shall be good and valid any defect of Inquisition or Office c. notwithstanding Lastly An Act for the first Fruits of the great Abbies and Monasteries c. which were not vested in the King by the above Act ch 16. But this Statute is become useless by a subsequent Act that gives all the Abbies c. to the King And these are all the Acts of this Parliament to be found in the printed Statute-Book which I do not pretend to have critically or exactly abridged because I think it necessary for every man that will be nicely instructed in any Statute-Law to read the Statute at large and not to trust to an Abridgment but I have endeavoured to give such an Historical Account of these Acts as may illustrate this Collection and give the Reader some Light into the Affairs of those times Nor must it be forgotten that many of these Statutes are made in the later Sessions of this Parliament Anno 1537. And besides these Printed Acts there was another Law made at this Parliament against Fosterings and Marriage with the Irish and it was thereby made Treason to marry with the Child of any Man who had not swore allegiance and entred into Recognizance to observe it but this severe Law was repeal'd 11 Jac. 1. cap. 5. But whilst the Nobility and Gentry were at the Parliament O Connor made use of the opportunity as he used to do and invaded the Pale his Fury lighted most on the Barony of Carbry in the County of Kildare which he preyed and burnt and to revenge it the Lord Trimletstown and the Vice-Treasurer Brabazon with such men as they could on the sudden get together made an Incursion into Offaly and in like manner wasted and destroyed that Country which obliged O Connor to return home as fast as he could Sir William Brereton was likewise sent to the Confines of Vlster to parly with O Neal who complained That the League made between the Lord Deputy Skeffington and him was not duly observed on the English side so after some Expostulations upon that Point the same Agreement was renewed and confirmed And about the same time the King to reward the City of Waterford for its Loyalty and firm adhesion to the Crown sent to that City a gilt Sword and a Cap of Maintainance But John Earl of Desmond being dead the new Earl James who was a very active or rather a turbulent man began new Disturbances in Munster but he was timely opposed by the Lord Butler who wasted his Lands in the County of Limerick and repair'd and Garrison'd the Castle of Loghguir and it seems that the Lord Deputy came to Kilkenny the twenty fourth of July and having adjourned the Parliament Lib. D. as aforesaid he came to Loghguir the last of July and the next day he went to Carrigonel and took it the second of August and they say for some private Advantage redelivered it to the former Owner on the sixth of August they marched to Bryans-bridge and took the Castles and broke the Bridge but by the improvidence of
grand Captain four shillings a petit Captain two shillings and an hundred Harquebusses I suppose on Horseback half at eight pence and the other half at nine pence a day makes three pound sixteen shillings and ten pence per diem and an hundred and seven pound eleven shillings and four pence per mensem and per annum 1402 04 02. Mr. Brereton's Retinue a grand Captain four shillings a Captain three shillings a petit Captain two shillings and an hundred and fifty Archers at six pence apiece is four pound four shillings per diem and one hundred and seventeen pound twelve shillings per mensem and per annum 1533 00 00. The Knight Marshal's Retinue a grand Captain four shillings and twenty nine Horsemen at nine pence a day is one Pound eight shilling per diem eleven Pound eighteen shillings per mensem and per annum 0511 00 00. Clerk of the Cheques Retinue ten Horsemen at nine pence and himself a shilling is eight shillings six pence per diem eleven Pounds eighteen shillings per mensem and per annum 0155 02 06 The Treasurers Retinue forty Horse at nine pence and himself at six shillings and eight pence per diem is per annum 0669 03 04 The Lord Deputy's Stipend is per annum 0666 13 04 Master of the Ordnance's Stipend per annum 0048 13 04 Charge of the Ordnance besides what comes out of England is per annum 0040 00 00 7982 06 08 It seems the reason why they had so little Foot was because the Lords and Gentlemen of the Country were bound by their Tenures to assist the King with a certain number of Men at every Hosting or rising out as they call it and as for the Artillery it was so contemptible that I find by one of the Letters from the Council at the Camp that the Army had but one broken Piece and therefore they desire another may be sent them But before we proceed farther in the Affairs of Ireland it will be fit to pay that respect to the Memory of the late Lord Deputy the Lord Grey as to give some Account of his Misfortunes and Destiny He had certainly performed considerable Atchievments in Ireland and great Commendations of him are contained in most of the Letters from the Council to the King and his Majesty did so well approve of his good Services that he Created him Viscount Grany and although the Earl of Ormond the Lord Chancellor Allen the Vice-Treasurer Brabazon and Sir John Travers went with him or immediately followed him into England to impeach him yet he was kindly received by the King and and carried the Sword before him on Whitsunday Nevertheless he was in a short time after imprisoned in the Tower and accused of very many Articles the principal of which are these First That O Connor feasted him and mended Toghercroghan for him and that in favour of O Molloy a Rebel he took a Castle from Dermond O Molloy whose Father-in-Law O Carol was a good Subject for which the Lord Grey had a Bribe and Stephen ap Harry had twenty Cows Secondly That he took the Castle of Bi r from a Loyal O Carol and gave it to a Rebel O Carol who married the Earl of Kildare's Daughter and also took Moderhern a Castle belonging to the Earl of Ormond and gave it to the Rebel O Carol and wasted the Earl of Ormond's Lands for which he had an hundred and forty Kine and Stephen ap Harry had forty and Girald Mac Gerrot had a black Hackny Thirdly That he took forty Kine from O Kenedy a Tenant of the Earl of Ormond's and his Son for Hostage Fourthly That he held secret and private familiar Correspondence with James of Desmond and went to visit him in his Tents in his Night-Gown and forced the Abbot of Owny to give him forty Pounds sterling to preserve that Abby from Ruine and O Brian to give him thirty Kine and Hostages Vlick Bourk a Bastard gave him 100 Marks to have Ballimacleere-Castle and to be made Mac William and that he carried the Artillery in a small Vessel to Galway and made the Town of Galway pay thirty four Pounds for that Carriage Fifthly That the Exploits at Bryans Bridge c. were in favour of O Bryan a Rebel Desmond's Son-in-Law and to the prejudice of Donough O Bryan a good Subject and that he took a Bribe of eighty Kine from Macnemarra Sixthly That trusting Desmond and O Bryan he hazarded the King's Army in a long and dangerous Journy wherein Desmond quarrelled and deserted him and O Bryan sent but one man with a Battle-Ax to guide him Seventhly That he rifled the Abby of Ballyclare and left neither Chalice Cross nor Bell in it Eighthly That he destroyed the Castles of Lecagh and Derriviclaghny in favour of Vlick Burk though the rightful Proprietor offered Submission and Rent to the King Ninthly That he had secret Conference with and received a Horse from O Connor Roe who was the chief Instrument in conveying away the young Fitz-Girald Tenthly That he took eighty Kine from O Maddin and forced O Mlaghlin's Son from Mr. Dillon whose lawful Prisoner he was for which he had seventy Kine And there was a Commission sent to Ireland to examine Witnesses and they say that these Articles were proved by the testimony of above seventy Persons whereof some were of Quality that is some of them swore to one Article and some to another so that the Lord Grey who was Son to the Marquess of Dorset and Viscount Grany in Ireland but no Peer in England being tried by a common Jury thought it his best way to confess the Indictment in hopes of the King's Grace and Pardon but in that he was mistaken and although his Services did infinitely over-balance his Faults yet he was publickly Executed on the twenty eighth day of July 1541. There are four other Articles mentioned by others Holingsh 102. to be laid to his Charge Ware 162. 1. His Partiality to his Nephew Fitz-Girald afterwards Earl of Kildare whom they say he might have taken 2. That his Servants pillaged the Gentlemen in Munster that entertained them 3. That he had inveigled Thomas Fitz Girald to submit by Promises which he had no Commission to perform and that he did it to destroy that Lord that his own Nephew might come to be Earl of Kildare as afterwards he did 4. His Sacrilege at Down But however that be it was not long after his Execution before a Commission was directed to Archbishop Brown and Cowly Master of the Rolls to make an Estimate or Survey of the Lord Grey's Estate in Ireland and to deliver it to the Lord Deputy Saintleger to be disposed of as the King shall direct Sir William Brereton 1540. Marshal of Ireland was sent by the Lord Deputy into Munster to take the Submission of James Fitz-John Earl of Desmond and to bring him to Dublin but the Marshal died at Kilkenny nevertheless the Earl on the
Election and had a Freehold of forty Shillings per annum the Town of Drogheda excepted was repealed and in lieu of it this Parliament enacts I. That Electors in Counties must have Freehold worth forty Shilling per annum ultra reprizas on pain of one hundred Shillings and that the elected in Counties Cities or Towns must be resident and the Sheriff shall forfeit one hundred Pound if he makes a Return contrary to this Act and the Party one hundred Pound more II. That on the Death Absence or Resignation of the chief Governour the Chancellor shall issue Writs to all the Privy-Counsellors in the Counties of Dublin Meath Louth Kildare Kilkenny Typerary Wexford Waterford Cork Kerry and Limerick and they being assembled shall chuse a Lay-man of English Birth to be chief Governour during the King's Pleasure and if no such Man fit for the Place can be got then the Council shall chuse two Lay Persons of English Blood and sirname to be Lords Justices to whom the Lord Chancellor shall administer the Oath and give Patents Note this Statute recites That the former Act already mentioned 10 Hen. 7. That in these Cases the Lord Treasurer should be chief Governour was repealed 13 Hen. 7. although the Roll be lost but whether it be so or not is not worth the Enquiry III. An Act touching mispleading and Jeofailes IV. That although all Estates are forfeitable for Treason yet because several of the Nobility lately created and others whom the King designs to enoble are very ignorant in the Knowledg of the Duty of a Subject they are the Words of the Act to the end they may not pretend Ignorance it is enacted That if any Person confederate with the King's Rebels against his Majesty or attempt any wilful War or Invasion against his Subjects or do transgress their Allegiance in any treasonable manner or do break their voluntary Pacts or Covenants made at the time of the King's Grant that then being convict thereof they shall forfeit all the Benefit and Effect of the King's Patents and for the time to come there shall be a conditional Clause inserted into every Patent to that effect V. An Act for the suppression of Kilmainham and other Religious Houses And in a 3d Session of this Parliament held at Dublin on Monday next after the Feast of All saints anno Dom. 1542 and 34 Hen. 8. it was enacted First That Meath be divided into two Shires viz. Meath and West Meath Secondly That Persons bound by Recognisance to appear in any Court shall be excused if they are in the King's Service and if their Recognisance be estreated they shall be discharged by Writ giving a new Bond for their Appearance at another Day And at another Session of this Parliament at Dublin the seventeenth Day of April 1543 it was enacted That the Castle and Mannor of Dungarvan should be united to the Crown And although all these Acts were Seasonable and very Good for that time yet there was not any one of them was of more Advantage to the Crown or that pleased the King better than that of making him King of Ireland for though it is manifest as the Act mentions that the Kings of England did always enjoy Regal Authority and Jurisdiction in Ireland under the Stile and Name of Lords yet the Irish did not pay that Reverence to the Name of Lord as they did to the Name of King or at least those that were traiterously disposed did make use of the distinction between Lord King Ware 161. to deceive and inveigle the Common People as hath been already related And therefore it being believed That this Statute would suppress and silence all those trifling Objections and Pretences there was exceeding Joy at the Publication of it in Dublin which was performed with great Solemnity at S. Patrick's Church in the presence of the Lord Deputy the Earls of Ormond and Desmond and others of the Nobility in their Parliament Robes and several of the Bishops and Clergy and the same Day a General Pardon was given to all Criminals and after much Feasting and Drinking and other Expressions of Joy the Ceremony was concluded with Bonfires And because some of these Laws were not practicable in Munster which was not so much inured to Civility as the Pale and those Countries near Dublin and where the use of the Laws of England except in some Cities and Towns where it was also much corrupted had been discontinued for almost two hundred Years The Lord Deputy and Counsel in magno Parliamento did publish certain temporary Constitutions Pro reformatione inhabitantium hujus Regni in partibus Momoniae qui nondum sic sapiunt Leges Jura ut secundum ea jam immediate vivere aut Regi possunt and they were notified to the Subject by way of Proclamation the twelfth of July 1542 and were as followeth 1. That King Henry be received and called King of Ireland 2. That Bishops may exercise their Jurisdiction in their Diocess according to the Law of God and the Canons 3. That Laymen nor Boys be not admitted to Ecclesiastical Preferments and that such as be in already shall be immediately deprived 4. That the Demesnes of Bishops and the Gleabs of Rectors and Vicars not exceeding ten Marks per annum be exempt and priviledged from Taxes 5. That all those who have Dignities or Benefices Ecclesiastical shall take Orders and Reside 6. That a General Peace be proclaimed throughout Munster and afterwards he that commits Murder or Robbery shall be fined forty Pound half to the King and half to the Lord of the Fee 7. That Larceny above the value of fourteen Pence shall be punished with the loss of one Ear the first time and tother Ear the second time and the third time with Death 8. No Horseman shall keep more Garsons or Boys than Horses on pain of twenty Shillings 9. That every Father shall answer for his Children Master for his Servants Gentleman for his Followers and Brother for his Brethren under his Tuition and shall give in a List of them 10. That every Kerne that has not a Master that will answer for him be taken as a Vagabond 11. That there be no more Exactions to maintain Horse or Foot or Kernes or to war against one another and that no more Coyne or Livery be taken but by the Deputies Order at a General Hosting 12. That nevertheless the Captain of the County must have the usual Contribution of the Country for the Publick and his own private Defence 13. That Petty Larceny be punished by a Fine of three Pound six Shilling and eight Pence whereof forty Shillings shall be paid to the Captain or Lord of the County and twenty Shillings to the Tanist si non est particeps criminis and six Shillings and eight Pence to the Informer 14. That no Man buy Goods above the Value of five Shillings from any suspected Person at his Peril if they prove to be stolen 15. Depopulatores
the Ordinances already mentioned The Seventh Article is That if any of their Followers break the Peace they will prosecute and pursue him till he make amends And the Eighth is That they will not exact any Black Rents for the future from the Inhabitants of Cork Youghal or Kingsale And it seems that about this time Commissioners were appointed in every Province to decide the Controversies instead of Brehons viz. in Connaught the Bishops of Tuam and Clonfert and the Captains Wakely and Ovington in Munster the Bishops of Cork and Waterford and the Mayors of Cork and Youghal and in Vlster the Archbishop of Armagh and Lord of Louth And it is to be noted Davis 215. That these Submissions were so universally made all over the Kingdom that there was not a Lord or Chieftain of any note in Ireland but submitted in this or the like Form for they made no scruple to renounce the Pope when once they had resolved to obey the King And by these Means the Kingdom was so quiet and there was so great a Prospect of a Settlement that several of the Principal Lords of the Irish took Patents for their Estates and desired Titles of Honour according to the Law of England which hitherto they had despised But alass Ireland is an unfortunate Country that cannot be happy any considerable time and notwithstanding these dawnings of Felicity it must expect nothing but War and Desolation and this fourth general Submission of the Irish will be as vain and ineffectual as the other three and will manifest to the World That that Kingdom is not to be governed by Kindness but by Force But let us not anticipate our Misery by dreadful Prognostications of War but rather enquire into the management of Affairs during the short interval of Peace And first we shall find the great O Neal in September sailing toward England accompanied with the Bishop of Clogher and attended with many Gentlemen his Followers He came to the King at Greenwich where he was well received and having surrendred his Estate to the King and covenanted 1. To renounce the Name of O Neal. 2. That he he and his Followers should use English Habit Language and Manners 3. That their Children should learn English 4. That they should build Houses and husband their Land in English manner 5. That they should obey English Laws and not Cess their Tenants nor keep more Gallowglasses than the Lord Deputy allows And 6. That they should answer all general Hostings as those of the Pale do and shall not succour any of the King's Enemies On the first of October his Estate was regranted to him by Patent and he was created Earl of Tyrone for Life with remainder to his Son Matthew who for the present was made Baron of Dunganon in Tayl and two of his Followers Denis and Art Mac Genis were knighted and the Bishop of Clogher was confirmed and the Earl after his return was on the seventh Day of May sworn one of the Privy Council of Ireland In like manner the Earl of Desmond pursuant to his Promise repaired into England where he was graciously received and having made his Submission he returned with Orders likewise to be of the Privy Council In the mean time the Lord Deputy on the twenty fourth Day of May made an Order of Agreement between the Macgenis's and did the like between the O Carols on the second of July And on the fourth of July the O Birnes did submit by Indenture and granted the Town and Castle of Wicklow to the King and also surrendred to his Majesty the Castle of Mac Eningham and all spiritual Livings in their Possession Lib. D. They also covenanted to find one hundred and twenty Gallowglasses and their Servants for three Months when the Counties of Carlow and Kildare do so and twelve Horse and twenty four Foot at every Hosting and to raise their whole Force and keep them three days on any emergency And it is allowed by the Deputy that O Birn shall have twenty four Kerns called Kerne Tee for this year at the Charge of the Country as is usual wherewith he promises to aid the Sheriff and if O Birn misbehave himself the Lord Deputy may give the Kerns next year to whom he pleases And 't is agreed That no body shall keep Idlers but in his own House and concludes Quod si posthac ad morem Hibernicorum resilierit vel cum Hibernicis aliis susurraverit confederaverit vel consentierit impedire vel obstare Reformationi Hiberniae quam Dominus Rex intendit that then they will forfeit all And it seems that at the same time they proposed to have their Country made a County Davis 104. by the Name of the County of Wicklow and that in consideration thereof they would divide it into eight Plow-Lands and pay ten Groats per annum for ever to the King out of each Plow-Land On the 19th of November Thomas Butler was made Baron of Cahir and in the beginning of the next year Maurice O Bryan 1534. and Vlick Burk induced by the Example and Success of the Earl of Tyrone went to wait upon the King in England and having made their Submissions and surrendred their Estates O Brian obtained a Grant of all his Lands in Thomond and all the Abbies and Patronage of Benefices in the King's Gift within his Precincts to him and his Heirs Males and he was made Baron of Insiquine to him and his Heirs and Created Earl of Thomond for Life with a remainder to Donough O Bryan and his Heirs for ever who for the present was made Baron of Ibracane but whether this Donough were Nephew or Natural Son of the Earl's is not very plain This Lord of Ibrahcan had also an Annuity of twenty Pounds per annum granted to him in Tail and the Abby of Insula Canonicorum and half the Abby of Clare and the King bore the Earl of Thomond's Charges and gave him an Order to be of the Privy Council As for Vlick Burk he had likewise his Charges born and was Created Earl of Clanrickard and his Estate was regranted to him and the Abbies and Patronage of all Benefices within his Precincts The Cocquets of Galway were excepted in the Patent but in lieu of them the Earl had a Pension of thirty Pound per annum and the third part of the First-Fruits and the Abby of Via Nova or Confert And about the same time the Lord of Upper Ossory obtain'd a Grant for Fairs and Markets and the House of the Friars at Haghevo and the Monastery of Hackmacart and to each of these four Noblemen Davis 219. viz. the Earls of Desmond Tyrone Thomond and Clanrickard the King gave a House and a Parcel of Land near Dublin to encourage them to make their Appearance frequently at Court And it is to be noted Council Book of Ireland fol. 73. That many times the chief Governors of Ireland instead of Risings out and
Carriages to a general Hosting did coss the Country or tax it to find so much Mony as would maintain a certain number of men three Months and accordingly in July this Year the Counties of Kilkenny Waterford Typerary and Wexford were ordered to levy Maintenance for two hundred and forty Kerns for three Months which came to no more than two hundred and four Pounds thirteen Shillings and four Pence whereby one may perceive that the Tax was easie enough but the Grievance was in the irregular Assessments and the oppressive manner of levying it The French King by his Ambassador Theobald de Boys tempted O Donel with Offers of Money and Arms to make an Insurrection but he could do little of himself and it was too soon to seduce others after such solemn and formal Submissions so lately made and so that Negotiation had little or no effect but in February the Lord Deputy was recalled to give the King an Account of his Administration of Affairs in Ireland and Sir William Brabazon was sworn Lord Justice in his stead Ware 168. his Patent bears date the twelfth of October 35 Hen. 8. To this Lord Justice new Seals were sent because of the Alteration of the King's Stile from LORD to KING of Ireland and the old Seals were sent back to England The Lord Justice 1544. by the King's Orders sent him seven hundred Men to Calice under the Command of the Captains Poer Finglass and Skurlock they were very serviceable to the King at Bulloign and did much Mischief to the French for being light of foot Holingshead 103. they would often range twenty or thirty Mile into the Country and as they returned would burn and spoil where-ever they came They had a pretty Trick to get a Prey which was to tie a Bull to a Stake and set fire about him and as the Fire scorched him the Bull would bellow and thereupon all the Cattel within hearing of him would flock that way and so were taken These Irishmen would never give Quarter and therefore whensoever the Frenchmen took any of them they gelded them and otherwise tormented them exceedingly After the Surrender of Bulloign a large Frenchman on the other side of the Haven braved and defied the English Army whereupon one Nicholas Walsh did swim over the River and cut off the Frenchmans Head and brought it back over the River in his Mouth for which bold Action he was bountifully rewarded Sir Anthony Saintleger June 11. 1544. being for his good Services made Knight of the Garter returned Lord Deputy and found the Kingdom quiet and he made it his Business to keep it so which he effectually accomplished by imprisoning two or three turbulent People and by taking Indentures and Hostages from those he suspected And this Lord Deputy knowing it was the only way to keep the Kingdom in peace Lib. D. made it his Business to break the Dependencies of the Irish and to that end upon all References to him he took care that the weaker Party might depend on the Government for Protection and that he should not rely upon nor be under the Subjection of any other and particularly on the fourteenth of July he made an Award or final Order between the Earl of Tyrone and O Donel whereby O Donel was freed from depending on O Neal any farther than that he still continued obliged to pay a yearly Rent of sixty Beeves to O Neal for the Island of Inisowen and it so hapned that the very next year O Neal invaded Tyrconel because that Rent was not paid whereupon there was another Reference to the Government and a new Peace was made between them Aug. 24 1546. In the mean time the Earl of Lenox 1545. who fled out of Scotland was kindly received by King Henry and married his Neece was by the King sent into Ireland to levy an Army to recover his Inheritance in Scotland he came to the Deputy at Kilmainham where he lived and being effectually recommended by the King he was so kindly received and his Business so heartily followed that by the middle of November he had raised fifteen hundred Men under the Command of Sir John Travers Master of the Ordnance to whom the Earl of Ormond joyned as many of his own Followers and was himself General of the Army They set Sail for Scotland in twenty eight Ships but the Levity of their Confederates in Scotland or the Power of Duke Hamilton disappointed this Design for not being able to gain Dunbritton-Castle which was promised to be delivered up to them and finding a potent Army ready to encounter them instead of Friends which they expected to embrace them and being shattered by a violent Storm the Irish were necessitated to return home re infecta In the mean time Lib. D. on the Nineteenth of October died Vlick Earl of Clanrickard whereupon a great Contest arose between his Sons about the Title and Inheritance because the Earl's first Wife Grany O Carol Mother of the Earl's Eldest Son Richard Burk had been formerly married to O Mlaghlin who was still living and undivorced as was alledged and she being still alive the Earl married Honora Burk and was afterwards divorced from her and married Mary Linch Mother of John Burk Grany the first Wife being still living But the Earl of Ormond and other Commissioners sent by the Lord Deputy and Council to settle this Affair soon determined the Matter and finding that the pretended Marriage with O Mlaghlin could not be proved they adjudged Grany to be the Earl's true Wife and placed her Son Richard Burk in the Earldom and Estate of his Father according to the Law of England and because he was under Age they made Vlick Burk Captain of the Country during his good Behaviour and the Minority of the Earl But now the Spirit of Rebellion had again seized the Irish Melvin's Memoirs 8 9. and O Neal O Donel O Dogharty and one Callock had made some Overtures to the French King about assistance to manage an Insurrection and they proposed to him to become his Subjects and to shake off the Yoke of England provided he would procure the Pope's Gift of Ireland and send two thousand Harquebusses two hundred Light Horsemen and four Canon to their assistance The French King thought the Offer so considerable that he sent over John de Monluck Bishop of Valence his Ambassador to Ireland to learn the Truth of their Circumstances and to certifie the King what probability there was of Success if he should engage in that Affair The Bishop arrived at Loghfoyle on Shrovetuesday and the next day was by O Dogharty carried to his House which was a great dark Tower there the Bishop found bad Entertainment and was forced to be contented with Herrings and Bisket and such like Lenten Fare which was the best the House afforded The Bishop had a Months Mind to O Dogharty's Daughter which two English Fryers observing to prevent any Abuse of the Damsel
they procur'd as good a Bed-fellow for the Ambassador though she was of meaner Quality this Liquorish Harlot unfortunately met with a small Bottle of choice Balm valued at two thousand Crowns which was given to the Bishop by Solyman the Magnificent when he was Ambassador in Turky she was invited by its Odour to try its Relish and it seems liked it so well that she licked it all out whereat the Bishop grew so outragious and loud that he discovered his Debauchery frightned the Woman away and made sport for the Irishmen and his own Servants After this the Bishop met with O Neal and the Titular Primate Robert Wachop in a secret place and heard the Overâ—ures of them and their Confederates and it is not to be doubted but they came to an Agreement because the Bishop soon after went to Rome but being unable to separate the Pope from the Interests of the Emperor this Negotiation had no effect In the mean time two of the Cavenaghs viz. Cahir Mac Art of Polmonty and Girald Mac Cahir of Garochil had fierce Contests about their Territory at length it came to a Battel as it were by consent and about an hundred on each side were slain but Cahir Mac Art had the better of it and finally obtain'd that Signiory But the Exchequer being empty the Lord Deputy designed to levy a Tax upon the People but the Earl of Ormond would by no means suffer that 〈…〉 whereupon the difference grew so high between him and the Lord Deputy that at last it came to mutual Impeachments whereupon both of them were sent for to England and by the King's Mediation were reconciled whilst the ambodexter Allen was imprison'd in the Fleet and deprived of the Great Seal and Sir Thomas Cusack was made Lord Keeper and not long after viz. about the twenty eighth day of October the Earl of Ormond and thirty five of his Servants were poyson'd at a Feast at Ely-House in Holborn so that he and sixteen of them died but whether this hapned by Accident or Mistake or were done designedly could not be discovered Sir William Brabazon was sworn Lord Justice on the first of April 1546. although his Patent bore Date the sixteenth of February Ware 174. In his time hapned a strange and unnatural Action for Bryan Lord of Upper Ossory sent his own Son Teige Prisoner to Dublin where he was executed and in July Patrick O More and Bryan O Connor with joint Forces invaded the County of Kildare and burnt Athy but the Lord Justice immediately pursued them and leaving a Garrison at Athy he marched into Offaly and made a Fort at Dingen now Philipstown and forced O Connor to fly into Connaught But the Necessities of the State obliged the King to Coyn Brass or mixt Moneys and to make it currant in Ireland by Proclamation to the great dissatisfaction of all the People especially the Soldiers and about the same time Edward Basnet Dean of St. Patrick's in Dublin and the Chapter after some Reluctancy surrendred their Possessions to the King Three Things are observable in the Letters during this King's Reign 1. None of them do mention either the Year of our Lord or the Year of the King's Reign though all of them do take notice of the Day of the Month whereby this Part of the History was so perplex'd and confus'd that I will not promise that I have always guess'd the time aright though I have used my utmost diligence and endeavours to do so 2. All the Letters of this Reign conclude thus So knoweth God to whom we pray for your Graccs Prosperity or to that effect but these Words So knoweth God are always in although in the subsequent Words there is some Variation according to the Fancy of the Writer 3. Most of the Letters from the great Irish Lords even some of English Extraction are subscribed with a Mark very few of thembeing able to write their Names Sir Anthony Saintleger Lord Deputy returned on the sixteenth day of December with Sir Richard Read who was made Lord Chancellor in the room of Cusack and Cusack was made Master of the Rolls And thus stood the Government of Ireland during the Reign of King Henry the Eighth who Died on the twenty eighth day of January in the thirty eighth Year of his Reign and of his Age the fifty sixth THE REIGN OF EDWARD VI. KING OF England France AND IRELAND EDWARD 1546. the Sixth of that Name since the Norman Conquest was born at Hampton Court on the twelfth Day of October 1537. and succeeded his Father in the tenth Year of his Age on the twenty eighth Day of January 1546. and on the first of February Edward Seymour who was the King's Unkle by the Mother was made Protector of the King and Kingdoms and was afterwards created Duke of Somerset and on the twentieth Day of February the King was crowned at Westminster with great Solemnity Sir Anthony Saintleger continued in the Government of Ireland Ware 177. at first by the name of Lord Justice and afterwards by the Title of Lord Deputy and he proclaimed the new King on the twenty sixth Day of February 1547. and not long after Sir Richard Read was made first Lord Keeper and afterwards Lord Chancellor and the Earl of Desmond was constituted Lord Treasurer of Ireland on the twenty ninth Day of March and on the seventh Day of April the Privy Council was sworn viz. Sir Richard Read Chancellor George Archbishop of Dublin Edward Bishop of Meath Sir William Brabazon Vice-Treasurer Sir Girald Ailmer Lord Chief Justice of the King's Bench Sir Thomas Luttrel Lord Chief Justice of the Common Pleas James Bath Esq Lord chief Baron of the Exchequer Sir Thomas Cusack Master of the Rolls and Thomas Houth Esq one of the Judges of the King's Bench to whom afterwards others were added But the O Birnes took advantage of the Change of the Government and hoping that the Infancy of the King would occasion Disturbances in the State they began to be very unruly and troublesome insomuch that the Lord Deputy was necessitated to invade their Country he pursued them so close that he slew their Captain and drove themselves into the Woods and Fastnesses He also took two of the Fitz-Giralds who had formerly been Proscribed and now joyned with O Toole and he brought them and other Prisoners to Dublin where they were executed Nor were Patrick O More and Brian O Connor less forward than the rest but briskly invaded the County of Kildare and loaded themselves with Prey and Plunder but the Lord Deputy came seasonably to intercept them and having killed two hundred of the Rebels upon the Place the rest of them with their light-footed Captains fairly ran away But the Government of England wisely considering the fickle Inclinations of the Irish and the danger of a general Defection of that Nation from a Protestant King seasonably provided for that Kingdom so that Edward Bellingham with the
Title of Captain General brought over six hundred Horse and four hundred Foot whose Pay came to twelve hundred and twenty six Pound per Month viz seven hundred and seventy Pound for the Horse and four hundred fifty six Pound for the Foot and about Midsummer they landed at Waterford and being joyned by the Lord Deputy they invaded the Countries of Leix and Offaly and proclaimed O More and O Connor Traytors and having dispersed the Forces of the Rebels the Lord Deputy repaired the Fort of Dingen and built the Fort of Campaum alias Prolector now called Maryburgh whereupon O More and O connor were forced to submit and Bellingham was knighted and made Marshal of Ireland The Castle of Athloan was likewise repaired and garrisoned by Special Orders from England and the Vice-Treasurer Brabazon had the Care and management thereof and performed it effectually in spight of the great Opposition he met with from Dominick O Kelly and other Great Men of Connaught And this auspicious Year did also produce the mighty Victory which the English obtained over the Scots at Mussleburgh But as the Reformation proceeded in England 1538. so the Popish Zeal and Superstition increased in Ireland Ware 180. and the Pale it self began to be disturbed with it for Richard Fitz-Eustace and Alexander his Brother Sons of the Viscount Baltinglass were busie forming a Rebellion in the County of Kildare but the Presence of the Lord Deputy without Blows brought them to a Submissiom and stifled this Infant Conspiracy in the Cradle and it was well it did for this rebellious Distemper was very infectious and in a little time would have spread over the whole Kingdom the Lord of Baltinglass himself was a little tainted with it but by the means of Sir Edward Bellingham when Lord Deputy the Viscount was pardoned In the mean time the Lord Deputy Saintleger was sent for to England and carried with him O More and O Connor as Prisoners but upon their Submission they were received into Favour and honoured with a Pension of one hundred Pound per annum out of the Exchequer during their Lives which O More enjoyed not very long for he died within the Year suddainly at London Sir Edward Bellingham who had been sent into England with an Account of the Submission of the County of Kildare was now sent back Lord Deputy he landed at Dalkye on Whitson-Eve and two Days after he received the Sword at Christ-Church according to Custom He was a Zealous Protestant and a brave Soldier and by his means Sir John Allen was again made Lord Chancellor As soon as he was setled Davis 62. he marched into Leix and Offaly against Cahir O Connor and others that were brewing new Treasons there and forced them to submit and brought the Country to that degree of Subjection that he is said to be the first Man since Edward the third's time that enlarged the English Borders beyond the Pale and from Offaly the Lord Deputy marched to Delvin against Mac Coughlan whose Country he totally destroyed The Lord Deputy had express Orders to set up a Mint at Dublin which he did but it continued but a very little time for want of Bullion And this Year on the twenty second Day of April the City of Dublin which at first was governed by a Provost and by King Henry the Third subjected to a Mayor and Bayliffs and by Henry the Fourth was honoured with a Sword obtained their Bayliffs to be changed into Sheriffs and John Rians and Robert Eyons were the first two Sheriffs that were chosen or appointed for that City In the mean time Sir Francis Bryan who had married the Countess Dowager of Ormond and was made Marshal of Ireland and Governour of the Counties of Typerary and Kilkenny could by no means agree with the Lord Deputy their Differences grew at length to that height that Sir Francis impeached the Lord Deputy in England and prevailed to have him sent for to answer the Accusation But whilst that affair was transacting Ware 182. Teige O Carol plyed his own Business diligently and after a stout Defence he took and demolished the strong Castle of Nenagh and drove the English out of that Country In Vlster Manus O Donel quarrelled with his Son Calvagh and at length it came to Blows so that on the seventh Day of February Calvagh was routed and Manus Mac Donough O Cahan and many of his Followers were slain In the Lower Delvin Teige Mac Mlaghlin and Edmond Fahy with their united Forces did all the Mischief they could and almost totally destroyed that part of Mac Coughlans Country Nevertheless the Lord Deputy sent an Irish Brigade under the command of Donough O Conner accompanied with the Sons of Cahir O Connor to aid the King in his War against Scotland On the eighteenth of November Cormock Roe O Connor who was proclaimed Traytor came to Dublin and with Tears in his Eyes begged Pardon of the Lord Deputy and Council in Christ-Church and had it But being of a turbulent Spirit he soon after relapsed into Rebellion and being taken by the Earl of Clanrickard he was sent to Dublin and hanged so true is that Observation of Caesar Williamsons Nec gentem ullam reperies Cui peccare slere magis naturale est It is worthy Observation Holingsh 109. That though the Earl of Desmond for his Quality and vast Estate was made Lord High Treasurer yet he was not of the Privy Council nor indeed qualified to be so for he was Rude and Savage both in Apparel and Behaviour he had neither Learning nor Manners but lived after a barbarous fashion in the Country among the Wild-Irish and perhaps had not so much as a Glass-Window to his Houses and yet he was the best landed Subject in the King's Dominions About Christmas the Deputy sent for him to Dublin but he refusing the Lord Deputy himself with about twenty Horse made that haste to Munster that he took the Earl sitting by the Fire in his own House not at all suspecting that Expedition And it was well for him that he was so surprized for he was not only brought to Dublin and instructed in his Duty to his Prince and in good Manners and Civility towards his Fellow-Subjects but was also by the Lord Deputy's means pardoned and restored to the King's Favour so that he continued a good Subject ever afterwards during his Life and was so grateful to his Benefactor the Lord Deputy that he would pray for him constantly after every Meal And now it happened that the Earl of Tyrone Macguire Fylemy Roe O Neal 1549. and others referr'd all their Differences to the Lord Deputy and Council who on the twentieth day of June made their Decree wisely ordering Independency on O Neal. Therere are Copies of all these Decrees at Lambeth Lib. D. And they are to the same effect as that of Macguire's viz. Quod erit liber Ware 184. exemptus ab omni subjectione
aut servitio dicto Comiti Tyrone suisque Haeredibus impendendo ac immediate parebit obediet Domino Regi sub ejus pace defensione perpetuo remaenebit suaeque Celsitudini de tempore in tempus solvet Bonagium Bonnaught caetera omnia Debita quoties ad id per Dominum Deputatum Concilium requisitus rogatus fuerit c. And on the eighteenth of July the like Order was made between O Donel and his Sons and several Proprietors of Tyrconel and O Donel's Authority was limited and both Parties were obliged to obey the Order on pain of forfeiting all their Estate And about the same time Brian Mac Mahon and Hugh Oge made their Submissions at Kilmainham and were pardoned the five hundred Marks they had forfeited by breach of their former Articles Lib. D. In the mean time the Scotch Islanders sent some Forces to the assistance of the Irish in Vlster but Andrew Brereton with five and thirty Horse met with two hundred of them and defeated them with great slaughter and by his good Conduct quieted Vlster and was therefore made General or Governor thereof But the Lord Deputy being recall'd took Shipping at Houth on the 16th day of December and being offered Testimonials of his good Government from the Council he modestly refused saying That if his Innocence would not defend him he would use no other Remedy than his Belief of the Resurrection of the Dead He was certainly a brave Man and an excellent Governor and would have been sent back with Honour if his Infirmities whereof he died the next year had not prevented it Sir Francis Bryan 1549. Lord Justice was chosen by the Council on the twenty 7th day of Decemb and sworn at Christ-Church in Dublin on the 29th but he enjoyed this Honour but a little while for the County of Typerary being infested by O Carol the Lord Justice made a Journy thither in favour of the young Earl of Ormond who was but twelve years old to protect the Country and on the second of February died at Clonmel whereupon Sir William Brabazon Lord Justice was elected by the Council he committed the Government of the County of Typerary to Edmond Butler Archbishop of Cashel and made a Journy to Limerick where Teig O Carol submitted and entred into Covenants of paying a yearly Tribute into the Exchequer and of serving the King with a certain number of Horse and Foot at his own charge and of renouncing his Pretences to the Barony of Ormond and afterwards the same Teig O Carol surrendred to the King his Country of Ely O Carol containing ninety three Plow-Lands and a half and the King re-granted the same to him and Created him Baron of Ely and by O Carol's means Mac Morough O Kelly and O Mlaghlin were now taken into Protection and Pardoned and by the Lord Deputy's Mediation the Earls of Desmond and Thomond who were wrangling about Bounds and the protection of each others Tories or Out-laws were reconciled on the eleventh of March Lib. D. and about the same time Dermond O Sullevan a great man in the County of Cork was together with his Castle or dwelling-House accidentally blown up by Gunpowder and his Brother Amalfus who succeeded him was likewise not long after killed But Bulloign being restored to the French on the twenty-fifth day of April 1550. the King was thereby enabled to send eight thousand Pound of the Money received there and four hundred men of that Garrison into Ireland which he did And thereby the Lord Justice was put into a Condition of pursuing Charles Mac Art Cavenagh Ware 188. who was again in Rebellion and was proclaimed Traytor and the Lord Justice acquitted himself so well in that Matter August that he killed many of Cave-nagh's Followers and burnt the Country But the French King hearing that the English marched an Army into Scotland lookt upon that Assault of his Ally as a Breach of the Peace with him and therefore sent an hundred and sixty small Vessels with Ammunition and Corn to assist the Scots it hapned that sixteen of them were shipwrackt on the Coast of Ireland however the King of England to obviate any Designs the French might have against his Dominions set forth a Fleet of twenty Ships and Pinnaces under the Lord Cobham which guarded two Harbors on the South and one in the North toward Scotland On the twenty third of October Richard Butler second Son of Pierce Earl of Ormond was Created Viscount Mountgarret and a little before that viz. on the tenth of September Sir Anthony Saintleger Ware 190. Lord Deputy returned to Ireland and Sir Thomas Cusack was made Lord Chancellor To this Deputy Mac Carty submitted in humble Manner and was pardoned and it seems that this Lord Deputy had Orders to call a Parliament but I do not find that there was any in Ireland during this King's Reign On the fourth of November Charles Mac Art Cavenagh made his Submission to the Lord Deputy at Dublin in presence of the Earls of Desmond Thomond Clanrickard and Tyrone the Lords Mountgarret Dunboyn Cahir and Ibracan and renounced the Name of Mac Morough and parted with some of his usurped Jurisdiction and Estate But let us cast an eye on the Affairs of the Church and we shall find that the Reformation made but small progress in Ireland since the same year produced Bishops of each sort for on the tenth of May Arthur Macgenis was by provision of the Pope constituted Bishop of Dromore and confirmed therein by the King and Thomas Lancaster a Protestant was on the third day of September made Bishop of Kildare However Bish Brown's Life 13. on the sixth of February the King sent the following Order for the Liturgy of the Church of England to be read in Ireland in the English Tongue EDWARD by the Grace of God c. Whereas our Gracious Father King Henry the Eighth of happy Memory taking into consideration the bondage and heavy yoke that his true and faithful Subjects sustained under the Jurisdiction of the Bishop of Rome as also the Ignorance the Commonalty were in how several fabulous Stories and lying Wonders misled our Subjects in both our Realms of England and Ireland grasping thereby the Means thereof into their hands also dispensing with the Sins of our Nations by their Indulgences and Pardons for Gain purposely to cherish all ill Vices as Robberies Rebellions Thefts Whoredoms Blasphemy Idolatry c. He our Gracious Father King Henry of happy Memory hereupon dissolved all Priories Monasteries Abbies and other pretended Religious Houses as being but Nurseries for Vice and Luxury more than for Sacred Learning Therefore that it might more plainly appear to the World that those Orders had kept the Light of the Gospel from his People he thought it most fit and convenient for the preservation of their Souls and Bodies that the Holy Scriptures should be Translated Printed and Placed in all Parish-Churches
within his Dominions for his faithful Subjects to increase their Knowledge of God and of our Saviour Jesus Christ We therefore for the general Benefit of our well beloved Subjects Vnderstandings whenever assembled or met together in the said several Parish-Churches either to Pray or hear Prayers read that they may the better joyn therein in Vnity Hearts and Voice have caused the Liturgy and Prayers of the Church to be Translated into our Mother-Tongue of this Realm of England according to the Assembly of Divines lately met within the same for that purpose We therefore Will and Command as also Authorize you Sir Anthony Saint-Leger Knight our Vice-Roy of that our Kingdom of Ireland to give special Notice to all our Clergy as well Arch-Bishops Bishops Deans Arch-Deacons as others our Secular Parish-Priests within that our said Kingdom of Ireland to perfect execute and obey this our Royal Will and Pleasure accordingly But before Proclamations were issued out Sir Anthony Saint-Leger upon receipt of this Order call'd an Assembly of the Archbishops and Bishops together with the then Clergy of Ireland in which Assembly he signified to them as well his Majesties Order aforesaid as also the Opinions of those Bishops and Clergy of England who had adhered unto the Order saying That it was his Majesties Will and Pleasure consenting unto their serious Considerations and Opinions then acted and agreed on in England as to Ecclesiastical Matters that the same be in Ireland so likewise celebrated and performed Sir Anthony Saint-Leger having spoken to this effect George Dowdal who succeeded George Cromer in the Primacy of Armagh stood up and through his Romish Zeal to the Pope laboured with all his power and force to oppose the Liturgy of the Church that it might not be read or sung in the Church saying Then shall every illiterate Fellow read Service or Mass as he in those Days termed the Word Service To this Saying of the Archbishop's Sir Anthony replied No your Grace is mistaken for we have too many illiterate Priests amongst us already who neither can pronounce the Latin nor know what it means no more than the Common People that hear them but when the People hear the Liturgy in English they and the Priest will then understand what they pray for Upon this Reply George Dowdal bid Sir Anthony beware of the Clergy's Curse Sir Anthony made Answer I fear no strange Curse so long as I have the Blessing of that Church which I believe to be the true one The Archbishop again said Can there be a truer Church than the Church of St. Peter the Mother Church of Rome Sir Anthony return'd this Answer I thought we had all been of the Church of Christ for he calls all true Believers in him his Church and himself the Head thereof The Archbishop replied And is not St. Peter's Church the Church of Christ Sir Anthony return'd this Answer St. Peter was a Memher of Christ's Church but the Church was not St. Peter's neither was St. Peter but Christ the Head thereof Then George Dowdal the Primate of Armagh rose up and several of the Suffragan Bishops under his Jurisdiction saving only Edward Staples then Bishop of Meath who tarried with the rest of the Clergy then assembled on the Kalends of March 1550. Sir Anthony then took up the Order and held it forth to George Brown Archbishop of Dublin who standing up received it saying This Order good Brethren is from our Gracious King and from the rest of our Brethren the Fathers and Clergy of England who have consulted herein and compared the Holy Scriptures with what they have done unto whom I submit as Jesus did to Caesar in all things just and lawful making no question why or wherefore as we own him our true and lawful King And it seems that on Easter-Sunday the Liturgy in the English Tongue was read in Christ-Curch according to the King's Order and the Archbishop Brown Preached an excellent Sermon on these Words Open mine Eyes that I may see the Wonders of thy Law Psal 119. ver 18. But whether the Lord Deputy were not zealous in propagating the Reformation or what other Differences there were between him and the Archbishop I cannot find but it is certain the Archbishop sent Complaints against him into England Ware 190. and thereupon he was recalled and Sir James Crofts was made Lord Deputy by Patent 1551. Dated the twenty ninth day of April and the Instructions to him and the Council were 1. To propagate the Worship of God in the English Tongue and the Service to be translated into Irish to those places which need it 2. To prevent the Sale of Bells Church-Goods Chantry-Lands c. and to Inventory them 3. To execute the Laws justly collect the Revenue carefully and muster the Army honestly 4. To get the Ports into the King's possession that his Customs may be duly answered 5. To search for a Mine of Allum 6. To Lett the King's Lands especially Leix and Offaly for one and twenty years to such as will live upon them 7. To enquire into the Conveniency of Building Ships in Ireland 8. To endeavour to perswade the Nobility to exchange some Irish Land for the like value in England 9. That the Soldier be not sued except before the Deputy or Marshal but if Justice be not done in three Months then to remit them to the Common Law 10. To allow Trade to all Foreigners though Enemies 11. Above all to reduce the Birns and Tools and their Country When the Lord Deputy Landed he was informed That his Predecessor Saint-Leger was gone to Munster and thereupon he rode directly to Cork and on the twenty third of May he was sworn and received the Sword there and one of the Cavenaghs or Mac Moroughs for some Crime was there hanged The Lord Deputy who was a zealous Protestant endeavoured all he could to perswade the Primate Dowdal to observe the King's Order about the Liturgy but he continued obstinate and therefore the King and Council of England on the twentieth day of October deprived him of the Title of Primate of all Ireland and annexed it to the See of Dublin for ever whereupon Dowdal withdrew beyond the Seas and Hugh Goodacre was made Archbishop of Armagh in his room being together with John Bale Bishop of Ossory consecrated in Christ-Church Dublin by the Archbishop of Dublin and the Bishops of Kildare and Down on the second day of February 1552. About which time the English Liturgy with Orders and Rules for Ecclesiastical Habits and Ceremonies was reprinted at Dublin by Humyhry Powel But it is time to return to the Army which under the Command of the Lord Deputy marched into Vlster against the Scotch Islanders the English invaded the Isle of Raghlin but were forced to retreat with the Loss of one Ship and several Men Captain Bagnal also was taken Prisoner but he was afterwards exchanged for Surly buy Mac Donald who was then Prisoner at Dublin in
this Journey the Deputy received the Submissions of some of the Irish and drove others of them into Fastnesses About this time the Name of the King at Arms who was formerly called Ireland was changed to that of Vlster and Nicholas Narbon Richmond Herald in England was the first King at Arms by the Name of Vlster Ware 192. and upon his Death Bartholomew Butler succeeded him June 21. anno 1552. But upon the Lord Deputy's Return to Dublin Matthew Baron of Dungannon complained to him against his Father the Earl of Tyrone whereupon that Earl was imprisoned which enraged his other Sons to that degree that they burnt and destroyed that part of the Country which belonged to Matthew On the other side the Baron being assisted by the English resolved to revenge that Injury and at length it came to a Battel which was doubtful for some time but ended in the Defeat of Matthew and the Slaughter of two hundred of his Soldiers English and Irish Nevertheless the Earl of Tyrone remain'd confin'd to stay within the Pale until at the end of three Months he gave Hostages in February and returned to Vlster And about the same time O Connor made his escape out of the Tower of London but was retaken and again imprisoned but Mac Coghlan being weary of wandring in the Woods made his Submission and was restored to his Territory of Delvin And the Publick Records were removed from Birmingham's Tower to S. Patrick's Library in Dublin The Year 1552 1552. was propitious to the Noble Family of the Giraldines for Girald Son of the last Earl of Kildare whose miraculous Preservation hath been already mention'd was now received into Favour and on the twenty fifth of April was restored to Minooth and good part of his Estate and about two years after in the Reign of Queen Mary viz. on the thirteenth of May 1554. he was Created Earl of Kildare Lib. G. and Baron of Ophaly at Westminster But Donough Earl of Thomond who had that Title confirmed to him and his Heirs Males in January last had great Contests with his Unkle Daniel who claimed the Estate by Tanistry but at length by the Mediation of the Lord Deputy they came to an Agreement which is mentioned in an Indenture Tripartite between the Deputy the Earl and Daniel O Bryan Dated May 9 1552. In the mean time Sir Nicholas Bagnal was sent against Hugh Mac Morough and they came to a Battel which was so well fought on both sides that the Loss as well as the Victory is uncertain But the Garrison of Athloan had better Success at Cluan macnoise where they robbed or destroyed all they met with not sparing even the Church-Books The Lord Depury marched to Vlster and repaired and garrison'd the Castle of Belfast but it seems he brought but a small Army in expectation that the Baron of Dungannon would joyn him with his Forces and indeed the Baron designed it and endeavoured it but his Brother Shane O Neal surprized his Camp by night and routed his Army with a great Slaughter Whereupon the Lord Deputy returned to Dublin and intended for England but he was stopped for a while by Sir Henry Knolls whom the King sent over with Intelligence that the Queen of Scots had sent O Connor's son to Ireland to raise new Commotions but as soon as it was understood that his Negotiation was ineffectal the Lord Deputy prosecuted his former Resolution and embarked at Houth on the fourth of December and pursuant to the King's Letter of the seventh of November Sir Thomas Cusack Lord Chancellor and Sir Girald Ailmer Lord Chief Justice were chosen Lords Justices on the sixth of December and soon after one of the O Neals was imprisoned in Dublin for spreading false News about the late Lord Deputy but he was on the thirtieth of December enlarged on Bail In the mean time on the twenty eighth of December Lib. D. Hugh Mac Neal Oge of Clandeboy made his Submission to the Lords Justices or rather to the King and swore Allegiance and Agreed and Covenanted by Indenture to forfeit all if he ever relapsed or apostatized again Whereupon the King granted to him the Abby of Carrigfergus and Liberty to keep three Secular Priests as also the Castle of Belfast But Ireland was unhappy not only by the Civil Dissentions in Vlster between the Earl of Tyrone and his Son Shane O Neal and by the Scarcity of Provisions insomuch that a Kilderkin of Wheat was sold for four and twenty shillings which in the following year was sold for five shillings but also by the Death of Sir William Brabazon who died in July and was one of the most faithful men to the English Interest that had appeared in Ireland from the Conquest to that day The King was advised to lower the Value of Brass Money and to make the Bell-Groat currant at two pence and no more and also to build a Castle at Baltimore to oblige the Fishermen to pay Tribute the former he performed but the later as unpracticable was neglected or postponed The Earl of Thomond and his Unkles Donald and Trelagh were again at open Wars notwithstanding the aforesaid Agreement made between them by the Government February They took the Town of Cluanroad but the Earl defended the Castle for a time but not long after he was murdered by his Unkle Donald and was succeeded by his Son Cnogher whose Mother was Helen April Daughter of Pierce Earl of Ormond 1553. About the same time Teig Roe O Mlaghlin murdered Neal Mac Fylemy of the same Family coming from Molingar but the Murtherer was not long after slain in Battel by the Baron of Delvin and the Garrison of Athloan and in Connaught Richard Burk was at variance with the Sons of Thomas Burk Buckagh the issue whereof was that Richard was taken Prisoner and an hundred and an fifty of his Men slain Nor were the Contests less between Richard Earl of Clanrickard and John Burk the Earl besieged John's Castle but Daniel O Bryan came to John's Relief and forced the Earl to raise the Siege But whilst these things were doing the King died at Greenwich on the sixth Day of July in the seventh Year of his Reign aud the sixteenth Year of his Age. THE REIGN OF MARY QUEEN OF England France AND IRELAND MARY 1553. eldest Sister of the deceased King notwithstanding King Edward's Will and all the Endeavours that were used against her did succeed her Brother in the Throne and although she was Kept out of Possession by the Lady Jane about twelve Days so that she was not proclaimed at London until the nineteenth Day of July Yet there being no Interregnum in England her Reign must be computed from the sixth of July being the Day of her Brother's Death It may seem strange That the Protestants did so easily submit to her or that the Kingdom of Ireland should at all own her for their Queen Because I. She was the Issue
incamped in Thomond and immediately sent the young Earl to take possession of the Country which he did and Daniel who was so brave a man that many of the old and new Irish courted him to be King of Ireland was forced to lie that tempestuous Night in a Cabbin but when according to the Irish fashion he thought to lead his Horse to stable in the same House with himself the proud Beast scorned to stoop until the Foot-boy whispered the Horse in the Ear and told him that his Master O Bryan would lodge that Night in that Cabbin Sullevan 80. and desired that he would lower his Crest and his Crupper and creep into the House to keep his Master company ut tu quoque equus suus capite dorso demisso inclinato Tygurium introeas and the Horse being well bred did very civilly comply in Matters of Ceremony but when he came to Supper he was at a loss for he was used to feed on Wheat and could not conform to Countryâ—entertainment until the Foot-boy whispered him once more that his Master O Bryan who fed on Oaten Cake did command Rosinante to be contented with the same Fare O Bryan Dominus tuus qui hac nocte Avenaceum panem comedit imperat ut tu quoque Avena vescaris and then he fell to it But to return Charles O Carol who had murdered Teig O Carol was himself murdered by William O Dar O Carol who thereupon took possession of that Signiory and held it for four years The Earl of Kildare and the Baron of Delvin at the request of Shane O Neal went into Vlster to aid him against Fylemy Roe O Neal they did no great Exploits but took a few Preys with the Loss of fifty of their own Men but a little after there was a smart Conflict between the Earl of Tyrone and Hugh Mac Neal of Clandeboy wherein the Earl was beaten and lost three hundred Men besides Prisoners In October Lib. CCC Sir William Fitz-Williams Sir John Allen and Valentine Brown were sent over Commissioners to assist the Lord Deputy in managing the Crown-Lands and afterwards in Queen Elizabeths Reign this Brown being a Protestant much employed by the Queen wrote a notable Tract for the Reformation of Ireland which I have seen and is to be found at Lambeth wherin there is nothing blame-worthy saving that he advises the extirpation of the Irish Papists and particularly of the Fitz-Giralds and therefore certainly did not foresee that his own Heir would degenerate into an Irish Papist and ungratefully oppose that English Interest upon which his own Estate is founded It is said That the Spaniards agreed to pay two thousand pound per annum for one and twenty years for leave to Fish on the Irish Coast but it seems there are no such Accounts in the Exchequer And now we are got there we ought to remember the Clerk of the Pipe Walter Hussy who died about this time at the Age of an hundred and seven years Bryan O Connor obtain'd so much Favour with the Queen that he had leave to come for Ireland Ware 211. and nevertheless to retain his Pension in England but he was not long at home before he was arrested upon Suspicion of new Combinations and imprisoned in the Castle of Dublin from whence he was not enlarged before he gave his Son Rotherick Hostage for his good Behaviour The Year 1555 1555. began with the Restoration of St. Patrick's Church in Dublin and Thomas Levereuse was made Dean thereof and held it in Commendam with the Bishoprick of Kildare And on the third of July Sir William Fitz-Williams was made Keeper of the Great Seal until the thirteenth of September Hugh Curvin who was Consecrated Archbishop of Dublin the Week before was made Lord Chancellor In Vlster the Scots Islanders besieged Carrigfergas in vain but Calvagh O Donel with another Party of Scots under Gilaspick Maccaline invaded Tirconel and took his own Father Prisoner at Rosragh and kept him in restraint till his Death he also took and demolished the new Castle of Inisowen and the Castle of Enagh and in the middle of May the next year he sent back his Auxiliary Scots Another Party of the Scots kill'd Hugh Mac Neal of Claneboy in a Skirmish whereupon that Territory was on the fifteenth of September divided by the Lord Deputy and Council between Fylemy Duff O Neal and the Sons of Fylemy Buckagh In May the Cavenaughs and their Complices invaded the North Part of the County of Dublin but the Citizens of Dublin with the Slaughter of many of the Rebels drove one hundred and forty to Powerscourt-Castle 1556. which they pretended to defend but upon the appearance of Sir George Stanly with Supplies they surrendred at Mercy and seventy four of them were hanged at Dublin and the rest were pardoned But the Lord Deputy's Enemies suggested at Court That he had formerly made some Rhymes ridiculing Transubstantiation and thereupon for that or for some other Reason he was soon after recalled and Thomas Ratcliff Lord Fitz-Walter Lord Deputy arrived on Whitsunday and on Tuesday after took the usual Oath at the Altar in Christ-Church on a Mass-book and Saintleger on his Knees surrendred the Sword and the Lord Deputy continued kneeling until Te Deum was sung He brought over with him Sir Henry Sydny Vice-Treasurer and twenty five thousand Pound in Money to provide against the Scots Islanders and the Irish Rebels The Instructions to the Lord Deputy and Council begin at the top Mary the Queen although she was married long before that to King Philip Lib. SSS 53. and the first Article is by their Example and all good means possible to advance the Honour of God and the Catholick Faith to set forth the Honour and Dignity of the Pope's Holiness and See Apostolick of Rome and from time to time to be ready with their Aid and Secular Force at the Request of all Spiritual Ministers and Ordinaries there to punish and repress all Hereticks and Lollards and their damnable Sects Opinions and Errors and to assist the Commissioners of the Legate Cardinal Poole which he designed to send into Ireland to visit the Clergy On the first Day of July the Lord Deputy marched to Vlster against the Scots Ware 216. and on the eighteenth of the same Month he defeated them with the slaughter of two hundred of them Sir Henry Sydny killed James Mac Connel with his own Hand and the Earl of Ormond and Sir John Stanly behaved themselves exceeding well and so the Lord Deputy having left Necessaries at Knockfergus and Stanly the Marshal Governour of Vlster returned to Dublin and not long after made a Journey to Munster where he received many English and Irish to Mercy Hereupon Shane O Neal came to the Lord Deputy to Kilmainham upon a Promise of Protection and made his humble Submission But since that time frequent Experience has convinced the Government That Protections have always
3. To reduce Shane O Neal by force or otherwise 4. To invest the Baron of Dungannon in the Earldom of Tyrone if the Lord Lieutenant think fit 5. To apprehend the O Brians that oppose the Earl of Thomond 6. To make the Clerk of the Council Secretary of State 7. To make a Statute of Uses next Parliament 8. To grant Estates Tayl by Patent to all the Irish that will surrender 9. To reserve the best Rent that was at any time heretofore reserved on the Crown Leases and the Tenant to find a Horseman for every forty Pound Rent and a Footman for every six Pound thirteen Shillings and four Pence and if any Lease be voidable to let the Tenant renew increasing his Rent according to the best Survey 10. To augment the Revenue in granting of Wards and making them sue Livery and to collect and print the necessary Statutes It seems this Lord Lieutenant managed his Affairs well in Vlster 1561. although the Particulars are not recorded any where that I could find Lib. â— for on the sixth day of January Shane O Neal made his Submission to him and thereupon on the twenty second of the same Month he went to England leaving Sir William Fitz Williams Lord Justice 1562. who was sworn on the second Day of February and continued until the twenty fourth day of July and then Thomas Earl of Sussex Lord Lieutenant returned again and finding that the inconstant Shane O Neal had apostatized into Rebellion he prepared as fast as he could to reduce him to Obedience but the Winter approaching so near he was forced to adjourn his Design till the Spring and then on the first day of April he set forward 1563. and on the ninth there hapned a Fray between some Kirne in his Camp to the Slaughter of two or three of them but the Lord Lieutenant by his Authority composed that Matter On the thirteenth of April the English discovered an Ambush laid by Shane O Neal and fell upon them so that one and twenty of the Rebels were killed On the sixteenth the Lord Lieutenant passed over the Blackwater and took a Prey of two hundred Kine And on the twenty sixth he came back to Dundalk On the first of June he advanced again to Dungannon and quartered there and the next day came to Tulloghoge and undestanding that O Neale and his Party were in a Fastness not far off the English attacked them and drove them farther into the Woods And on the third of June the English took eighty Cattle and killed four or five Rebels And on the fourth the Army returned to Armagh And on the sixth day of June they took a Prey of three thousand Kine and one thousand five hundred Garons and Mares which were divided among the Soldiers and so the Army returned to Drogheda Hereupon O Neal being shrewdly terrified Cambden 121 and being also advised by the Earl of Kildare made his Submission to the Lord Lieutenant and promised to do the like in England which he performed in the presence of the Embassadors of Sweden and Savoy and upon his Promise of amendment he was taken into Favour and the Queen gave him some Presents and lent him two thousand five hundred Pound and ordered Sir Thomas Worth and Sir Nicholas Arnold whom she sent Commissioners into Ireland to establish a College at St. Patrick's Church c. to make an Enquiry about a Complaint that O Neal had made That one John Smith had design'd or attempted to poyson him After his Return home he behaved himself civilly and loyally for some time he assail'd the Scots and slew their Captain James Mac Conal and drove them out of Vlster he protected the poor from Injury and was orderly in every thing except his Tyranny over the Lords and Gentlemen of Vlster whom he challenged to be his Vassals Whereupon Macguire and others complained to the Government but O Neal disdaining to have his Princely Claim tried in a Court grows enraged at Macguire for putting the Dilemma upon him either of running into Rebellion again or submitting his Title to the Lord Lieutenant's determination 1564. and in this Fury O Neal invades Fermanagh expels Macguire burns the Cathedral Church of Armagh and besieges Dundalk but the Valour of the Garrison preserved the place till William Sarsfield Mayor of Dublin and a choice Band of Citizens raised the Siege nevertheless O Neal spoil'd and wasted the adjacent Country The Lord Lieut to revenge this proceeded briskly against O Neal Burlace 126. but before he could bring his Designs to perfection he was recalled in his time the Country of Annaly was made Shire-Ground and is called the County of Longford and Connaught was divided into six Counties Clare Galwey Sligo Mayo Letrim and Roscomon he also erected a kind of a Post-Office for the better Correspondence between England and Ireland Holingsh 114. And yet there are some who not without probability attribute these good Works to Sir Henry Sydny On the first of February there hapned a bloody Conflict between the Earls of Ormond and Desmond Lib. P. at Athmean or Affane in the County of Waterford where the latter lost two hundred and eighty of his Men but not long after the Lord Lieutenant was recalled and Sir Nicholas Arnold 1565. Lord Justice was sworn the twenty fifth of May and had an Army or rather a Garrison of fifteen hundred and ninety six Soldiers with which he made a shift to keep what he had but he did not enjoy that Honour long before Sir Henry Sydny Knight of the Garter Lord President of Wales came over Lord Deputy he Landed on the thirteenth of January and was sworn the next Sunday after being the twentieth he was received with great joy being a Person of whose excellent Government that Kingdom had long Experience and when he received the Sword he made an eloquent and pithy Speech to this effect setting forth what a precious thing good Government is and how all Realms Commonwealths Cities and Countries do flourish and prosper Hooker 111. where the same is orderly in quiet Justice and Wisdom directed and governed Secondly What a continual Care the Queens Highness hath had and yet hath not only for the good guiding and ruling of the Realm of England but also of Ireland which she so earnestly desireth and wisheth to be preserved as well in Peace as in War That she hath made great Choice from time to time of the most Grave Wise and Expert Counsellors for the one and the most Valiant Skilful and expert Men of Arms for the other That both in Peace and Wars the publick State of the Commonwealth and every Member therein might be conserved defended and kept in Safety under her Government And for the performance thereof her Majesty over and besides the Revenues of the Crown of Ireland did yearly far above any of her Progenitors expend of her own Coffers out of England great Masses of Money
Miles long and 48 Miles broad without the Loss of one Man in Battle The Army being dissolved at Athlone the Deputy took care to place Garrisons in the Frontiers of the Pale And it was well he did for soon after the Deputy's Return O Neal in ostentation of his Power invaded the Pale and wasted the Country with Fire and Sword and at length besieged Dundalk but was again repulsed with Shame and Loss In the mean time the Deputy had ruined O Neal without much fighting for he not only deprived him of the great Tract of Land aforesaid but also of many of his Dependences particularly of Macguire a great Man in that Country also Alexander xge and Mac Donel and the Scots offered their Service against him on the one side as O Donel did on the other Nor was Turlogh Lynagh less troublesome to him than the rest Besides there were four Regiments in the Frontiers that daily infested him and the Deputy who in Person made many Incursions into O Neal's Country and continued about the Borders of the Pale to that intent on the thirtieth day of December issued out of Tredagh Irish Stat. 235 and took a Prey of two thousand Cows and five hundred Garrons so that O Neal was distressed on every side and brought to so low a Condition that he once designed to come with a Halter about his Neck and submit to the Deputy But partly his Guilt and partly the Advice of his Friends and the Hopes he had to perswade the Scots to his Aid diverted him from that Resolution and engaged him in a Journey to Clandeboy where Alexander Oge and six hundred Scots lay encamped And the more to ingratiate himself with them he enlarged Surly Buy Alexander's Brother whom he had for some time kept Prisoner but the Scots were as fly as he and pretended very fair to him Cambd. 121. till they had got him and O Donel's Wife and their Attendants into their Power and then in Revenge of the Death of the aforesaid James Mac Conel and the Injuries he had done the Scots anno 1564. and in Expectation of a Reward from the State they fell upon and murdered Shane O Neal and all his Company on the twenty second of June 1567. and sent his Head to the Deputy 1567. pickled in a Pipkin and it was afterwards set upon a Pole on the Top of the Castle of Dublin This Shane O Neal was a cunning subtil Man in his way but he could not write or speak English but very Imperfectly Hooker 113. he was so great a Sot that he had at once two Hundred Tun of Wine in his Cellar at Dundrun whereof and of Vsquebagh he would drink to that excess that to cool him he would be put into a Pit Cambd. Eliz. 106. and the Earth cast round him up to his Chin and so he remain'd as it were buried alive till his Body were in better Temper This Shane O Neal is recorded to be the proudest Man upon Earth he pretended to be King of Vlster and had six hundred Armed Men for his Guard and had ready for the Field four thousand Foot and a thousand Horse he trained up his Tenants to the Use of Weapons and claimed a Superiority over all the Lords in Vlster But we must look back to the Year 1566 and we shall find That the Earl of Desmond notwithstanding the Defeat given him by the Earl of Ormond by Drumelin continued his Outrages so that about Christmas the L. Deputy received Orders from the Queen grounded upon the complaints of the E. of Ormond that he should immediately march into Munster and take some course with the Earl of Desmond and accordingly the Lord Deputy marched in January with some Troops for his Guard and staid three Months in Munster and having heard the Complaints made against the Earl of Desmond and his Defence he adjudged the Matter against that Earl and made an Order that Desmond should make amends for the Trespasses he had committed which Desmond refusing to do the Deputy had him apprehended and imprisoned at Kilmallock and by the help of three hundred Citizens from Limerick had him safely conveyed to that City where he was Indicted of High Treason for Levying War against the Queen and his Brother John was Knighted and made Seneschal of Desmond and for a while behaved himself so well that in three Months time he made reparation to the People his Brother the Earl had injured to the value of three thousand Pounds nevertheless the Earl of Ormond was not pleased with this Preferment of Sir John Desmond as one who plainly foresaw that he would in time prove as troublesom as his Brother But the Lord Deputy being tired with the Complaints of Oliver Sutton a Gentleman of the Pale against the Earl of Kildare and others and the Accusations preferred by the Lady of Dunboyn Mac Brian Ara Oliver Fitz Girald and others against Sir Edmond Butler and Pierce his Brother was an earnest Suitor That a Lord Chancellor fitly qualified might be sent over to determine some of those Differences and accordingly Dr. Weston Dean of the Arches was made Lord Chancellor and arrived at Dublin in July 1567. and executed that Office to the great ease of the Lord Deputy and to the satisfaction of the People He also brought Letters advising the Lord Deputy to take care that Shane O Neal's Son who was Hostage for his Father's Loyalty should be safely kept in the Castle of Dublin which now upon the Death of Shane was diligently observed The Lord Deputy sent a Messenger to the English Garrisons with the News of Shane O Neal's Death and immediately marched to Vlster and incamped in the Heart of the Country and there Turlogh Lynogh and the rest of the Competitors for the Captainry of Tirone came to him and made their Submissions and most of the Gentry of Vlster did the like And so the Deputy having setled that Province as well as was possible after many pithy Exhortations to Peace and Obedience and a Promise to send Commissioners amongst them to decide all Controversies except those relating to Homicide and Free-hold he returned to Dublin with the applause of the People and at Dublin he received the Submission of the O Reylyes by Indenture on the twenty eighth of November and about the same time beautified the Castle of Dublin with stately additional Buildings which yet remain But howsoever these good Services were relished in Ireland where the Fruits of them were felt and perceived yet in England they were so little regarded that no mention was made of them in any of the Publick Dispatches but on the contrary the Publick Letters to the Deputy were full of Reprimands and sharp Reflections because of the Insolencies of the Earl of Desmond and therefore the Lord Deputy did endeavour his own Revocation and at length prevailed to get Licence to go for England he carried with him the Earl of Desmond the Baron of
was not to be given to Irish or Scots The Earl was to be Captain-General for seven years and was to plant his Part as well as the Queen should hers until there should be a thousand English Inhabitants on each Moyety And so being made Earl-Marshal of Ireland he set about the necessary Preparations for his Irish Voyage and to that end borrowed ten thousand Pounds of the Queen on a Mortgage of his Lands in Essex But the Lord Deputy being unwilling to have any body independent on him in that Kingdom especially so great a man cloathed with such a large Authority and accompanied with such considerable Forces gave all the opposition he could to this Noble Undertaking of the Earls until at length this Medium was found out That the Earl of Essex should take a Commission from the Lord Deputy to be Governor of Vlster wherewith both Parties were satisfied or at least they acquiesced in the Expedient In the mean time Mr. Edward Tremain was sent over to the Lord Deputy 1. To know why he desired so earnestly to return to England Lib. c. 2. To enquire what was the yearly Charge of that Kingdom what number of Men in Pay and how disposed of when any were disbanded or dead and when their rooms supplied and how many more there be than was appointed in March was twelve-month 3. To know what has been received of the Impost of Wines since Michaelmas last and what is in Arrear and if he could not discover it then to move the Deputy to certifie the Quantum of each 4. To know of the Deputy and Lord President in what state Munster is and how to be preserv'd 5. To know what is done or intended to be done with Desmond and his Brother John and how their Creditors in England shall be paid 6. To enquire how Connaught stands and how the Castles of Athlone and Roscomon are and the condition of the Earl of Thomond and Clanrickard and his Sons 7. To enquire into the Outrage committed against Sir Barnaby Fitz Patrick and the taking away his Wife and Children and how the Offenders are punished and how the Birns and Cavenaghs stand affected 8. To tell the Deputy that the Earl of Essex with two thousand Men will in August next come to inhabit the forfeited Lands in the Glins Routs and Clandeboy that in the mean time the Deputy guard the Frontiers of the Pale that way and Publish that Essex comes to repel the Scots and not to hurt the Irish 9. To tell the Deputy not to raise more Forces but if his Ormond's and Kildare's Forces are not sufficient against the O Mores and Connors to borrow two or three hundred from Essex for that Expedition and pay them 10. To preserve the Corn c. in the Ardes till Essex comes 11. To know why he gave Commission to Sir John Perrot to sell Marul's Ship wherein was Goods of all Nations The English had a very hopeful Prospect of the Earl of Essex's undertaking in Vlster so that many Persons of Quality and abundance of Gentlemen concerned themselves in the Expedition The Lords Darcy and Rich Sir Henry Knowles and four of his Brothers Michael Carves and his Brother John and Henry William and John three Sons of the Lord Norris and many others accompanied the Earl in this Voyage and they Landed together at Carrigfergus in the latter end of August 1573 and assoon as they Landed Bryan Mac Phelimy waited on the Earl and in most submissive manner tendred his Duty to the Queen and his Service to Essex but assoon as he perceived that the Earl's Forces were not so considerable as was reported he presently apostatized and joyned in Rebellion with Turlogh Lynogh About the same time or rather a year sooner Sir Thomas Smith sent his Natural Son together with one Chatterton to make a Plantation in the Ardes Cambd. Eliz. 190. but young Smith was murdered by Neal Bryan Artho who was afterwards killed by Sir Nicholas Malby and so that Design became unsuccessful and the Earl did not speed much better for after the Expence of much Treasure and a years time he returned to England This year the Money sent by the Queen into Ireland Lib. H. since she came to the Crown was computed and it amounted to four hundred and ninety thousand seven hundred and seventy nine Pounds seven shillings and six pence halfpeny and the Revenue of Ireland in the same period of time came to no more than one hundred and twenty thousand Pounds It is reported of Bryan Mac Fylemy that he had thirty thousand Cows besides other Cattel and it is certain that the Lord Rich within a Month after he came to Ireland returned to England on his private Occasions and Henry Knolls was by Sickness forced to do the like and many others upon frivolous Pretences left the Earl of Essex and went back to England Cambd. Eliz. 202. besides his Soldiers were raw and it was late in the Year and his Commission was not yet sent him being purposely delayed by the Deputy so that all these and some other Difficulties concurr'd to make Essex's Expedition unfortunate Nevertheless he took the Castle of Liffer from Con O Doâ—el and in a Skirmish he killed two hundred Irish and took Bryan Mac Fylemy and his Wife and his Brother Rory Oge Prisoners In the mean time 1574. the Earl of Desmond notwithstanding his Oath to be a true Prisoners made his escape out of the Castle of Dublin whereupon the Deputy marched into Munster to prevent new Coâ—â—â—otions and ordered the Earl of Essex to guard the Borders of Vlster which very much hindred his Progress in building Fortifications in Clandeboy however he obeyed and at length the Earl of Desmond was prevailed upon to reconcile himself to the Government Sir Henry Sydny 1575. Lord Deputy arrived on the twelfth of September and was sworn on the eighteenth at Tredagh to which Place he went directly from the Skyrries because the Plague raged in Dublin It is observable of this great and good man that although he did most excellent Service in Ireland yet he was but ill rewarded for it in England and therefore he was with great difficulty prevailed with to accept the Government this seventh and last time for as he expressed himself in his Letter he cursed hated and detested Ireland above all other Countries not that he had any dislike of the Country but that it was most difficult to do any Service there where a Man must struggle with Famine and Fastnesses inaccessible Bogs and light-footed Tories and yet when these and all other Difficulties were surmounted no Service in the world was less reputed valued or requited than that and it is farther remarkable of him that though he was four times Lord Justice and three times Lord Deputy of Ireland yet he never purchased a Foot of Land in that Kingdom The Lord Deputy's Instructions were to find means to pay the Queens Debts if possible
per annum and to find 200 Foot and 40 Horse armed at all Hostings in Twomond and 15 Horse and 50 Foot at all General Hostings with Carriages and Victuals and that all Irish Titles and Tenures should be abolish'd Mac William Eighter's Countrey was divided into five Proprieties and a certain Rent and Tenure was established between Lord and Tenant and the Province formerly divided into the six Counties of Clare Galway Sligo Mayo Leitrim and Roscomon had Sheriffs and other proper Officers settled in it for which the Lords and Gentlemen of Connaugh sent a Letter of Thanks to the Lord Deputy acknowledging the Quiet and Advantage they enjoyed by means of the foresaid Composition One Dennis O Raughan a Priest and Henry Bird Register to the high Commission Court contrived arrogant Warrants in the Deputy's Name importing a General Pardon to all Priests for all Offences in such a style as if the Deputy had been King of Ireland and though Bird afterwards confessed that he wrote the Warrants which were found in Raughan's Pocket yet was this wicked Priest one of the fatal Witnesses against the Deputy whereof he repented on his Death-bed Nay so unfortunate was this brave man that even his own Secretary John Williams betrayed him and discovered his Secrets but the Queen abhorr'd the Practice so that it rather served to discover his Adversaries malice than to doe him any harm But nothing is more remarkable than that Hugh Baron of of Dungannon who even since the beginning of Desmonds Rebellion had a Pension of 100 Marks per annum and a Troup of Horse in the Queens pay went to England and advised the Queen to suppress the Name and Authority of O Neal nor was the depth of his Hypocrisie discovered untill this very ungreatefull Rebel though the Son of a known Bastard did afterwards assume the Name of O Neal and therewith he was so elevated that he would often boast that he would rather be O Neal of Vlster than King of Spain But the Queen who thought him sincere and loyal did not only create him Earl of Tyrone but also granted him the whole County of Tyrone discharg'd of the chief Rent he had formerly promised to the Deputy on condition nevertheless that he should disclaim any right or superiority over the rest of Vlster and should provide for Turlogh and the Sons of Shan O Neale Morison 8. and a place for a Garison or two was also reserv'd and by the reputation of this Patent Cambden 122. and the Queens Favour the old Turlogh Lynogh was necessitated to quit Tyrone to this fortunate Spark But Secretary Fenton who was one of the best Servitors the Queen had in Ireland and much confided in by her Majesty or as others word it was a Moth in the Garments of all the Deputies of his time was frequently as at this time sent for into England to inform the Queen of the true state of that Kingdom What discovery he made of the miscarriages of the Government I do not find but they may be easily traced from the instructions he carried back which bore date in December 1585. and were to this effect That the Lord Deputy and the late Justices and Officers of the Exchequer should answer 1. What became of the Fines Recognizances Forfeitures Wards Marriages and Reliefs belonging to her Majesty and of what value they were since March 1579 and by whose Warrants were they respectively given pardoned or disposed of 2. What Leases have been made of the Crown Lands in that time with or without Fine and what Fine what Rent 3. What Debts were due to the Queen at Michaelmas 1579. or since and by whose fault they remain unlevied 4. That the faulty Officers may be suspended and the rrecoverable Debts immediately levied and a List of the desperate Debts returned 5. What Debts have been remitted on account of the Land being wasted and what Proof there was of such waste 6. What Profits and Casualties have been answered on Sheriffs Accounts since Michaelmas 1579. and what Summes have been by Warrants call'd Mandamus divided amongst the Barons and Officers of the Exchequer 7. What Fines Amerciaments Recognizances or Forfeitures have any Corporations taken to their own use in that time on pretence of their Charters and what right have they thereunto because without express words in the Charter those Recognizances and Profits do not pass nor can they have the Fines of any Offence made so by Parliament since their Charter 8. What new Offices or increase of Fees and by whose Warrant and that they be suspended till farther Order 9. What Allowance for Diet or Attendence hath been given to Commissioners for taking Accompts 10. Whether some Irish men did not surrender the Queens Land with their own and had a Re-grant of both and on what reservation how many such Grants have not been certified into the Exchequer not put in charge and what rents are due upon Grants 11. What part of the 1000 l. per an payable by composition for discharge of the Bonnaugh the Gallowglasses were to have on the Country is in Arrears and whether there be not a new charge of 2 or 300 l. per annum to the Captains of the Gallow-glasses and what service have they done for it 12. What Seneschalships Captainries or Governments of Countreys have been granted without the usual reservations and what were the ancient reservations and to grant no more without Order 13. Why the extraordinary Garisons put in time of Rebellion into Castles c. are continued and to what number and to discharge as many as can be reasonably spared 14. What Officers are paid with Sterling instead of Irish Money and to what loss to the Queen and by whose Warrant 15. What forfeited Lands or Chattels in Munster have been granted or let and by whose Warrants what profits are paid or due for the same and that no more be disposed of till her Majesties farther Order 16. What Money hath been paid for keeping Boats on the Shenin and out of what Fund and when did that charge cease Besides these he had other Instructions to communicate to the Deputy 15 Feb. 1585. viz. 1. That since the Kingdom was in peace some of the Army being 1900 strong might be discharged 2. That the Deputy should certifie whether it were better to give the Soldiers Sterling Pay and no Victuals in which case he is to take nothing from the Countrey without payment at such reasonable rate as the as the Government shall assess or to continue Victuals and the old Irish Pay for the Queen will no longer allow both Victuals and the encreased Pay 3. That the Contribution of 2100 li. per annum in lieu of Cess Purveyance c. be revived and accordingly on the 15th of May 1586. this was done by the consent of the Countrey who agreed also to pay all the arrearages of that composition 4. That Captain Thomas Norris be made Vice-president of Munster with all the
condition to receive the like â—id from them at his need he also reconciled himself to his Enemy Ochane and made him his Fosterer he took upon him the Name of O Neal and by many other actions became suspicious to the State Wherefore the Deputy 〈◊〉 one Skipper a Merchant with a Ship of Wine to Donegall with directions if O Neal or his Son should come aboard to fuddle them and clap them under hatches and bring them to Dublin which was diligently executed and O Donell's Son was brought Prisoner to Dublin About this time King James of Scotland sent over James Fullerton and James Hamilton afterwards Viscount Clandeboy to keep correspondence with the English of Ireland and to inform him of the State Condition Inclination and Designs of the Irish and to disguise themselves the better they took upon them to teach School and the famous Bishop Vsher was their Scholar and afterwards anno 1593 he was at thirteen years of Age admitted to the College of Dublin and the same Hamilton being senior Fellow there was his Tutour But the Deputy's Enemies were restless and had the Confidence to write a very querimonious Letter to the Queen in the Name of Turlogh Lynogh but Turlogh as soon as he had notice of it sent his Secretary Solomon to England to disown it and to applaud the Deputy's Government However the Deputy being tired with these Contrivances reiteratred his Requests to the Queen to be discharged of his Office which at length was granted and so having first taken pledges of all the considerable Irish he resigned to Sir William Fitz Williams 1588. Lord Deputy who was sworn on the 30th of June 1588. He had formerly been a very good Governour in Ireland but being answered at Whitehall when he sought some reward for his Services that the Goverment of Ireland was a Preferment and not a Service he ever after endeavoured to make his Profit of that Office It was not long after his coming before the Invincible Armado was forced to coast about Scotland so that many of them became shipwreck'd on the Northern Shoars of Ireland to the number of 17 Ships and 5394 Men. By this Shipwreck much Treasure which belonged to the Queen by her Prerogative fell into the hands of the Natives The Deputy issued out a Commission to make enquiry after it but that proving ineffectual and he being desirous to have a Finger in the Pie went personally into Vlster in November to the great Charge of the Queen and Countrey but to very little purpose whereupon he grew so enraged that he imprisoned Sir Owen O Toole and O Dogherty who were the best affected to the State of all the Irish and the former he kept in Prison during his time and the other he detained two years untill he was forced to purchase his Discharge One of the O Neals by Name Hugh ne Gavelock Bastard Son of Shane O Neal or rather Connor Mac Shane discovered to the Deputy that Tyrone had cherished and entertained several of the shipwrecked Spaniards and had entered into Combinations with them prejudicial to the State whereof Tyrone having notice he used effectual means to get the Informer into his power and caused him to be hang'd though for the respect they bore to the Name of O Neal it was exceeding difficult to find an Irishman that would be the Executioner It seems the Deputy made another journey to Connaugh for on the 20th of June 1589. at Gallwey Sir Morrogh O Flagberty Lib. C. William Burk the blind Abbot and several Rebels of Mayo and Ter Conagh submitted to the Deputy on these Conditions 1. To put in such Pledges as the Deputy should name 2. To disperse their Forces and live quietly 3. To deliver up the Sparniards and Portugueises they had 4. To make amends for all spoils c. since the 30th of May last 5. To make such amends for former spoils as Commissioners to be appointed by the Deputy shall adjudge 6. To pay such Fine as the Lord Deputy thinks fit 7. This being perform'd they shall have pardons Mr. Sullivane assures us that there were 1000 Spaniards under Antomo de Leva Sullevan 121. relieved by O Rourk and Mac Swyny na Doo and that the Irish urged the Spaniards to assist them and they would easily first relieve Ireland and then conquer England but that the Spaniards refused for want of Commission but promised to return with competent Force to effect those Designs wherein they were mistaken for the Ship foundered and they were all drown'd in fight of the Harbour while they were on Land the Queen's Officers desir'd leave to assail the Spaniards but these noble Catholicks deny'd that alleadging it was unlawfull to suffer any prejudice to those good Christians whom they had taken into Protection But O Rourk and Mac Swiny well knowing that Sir R. Bingham Governour of Connaugh would not take this at their hands entertained Morough ne Mart and 200 Munster-men in their pay Ibid. and with this small Force and some few of their own followers they took the Field Bingham accompanied by the Earl of Clanrickard did the like and surprised the Irish at Droumathier where Morough ne Mart lost his Eye by a shot but by the valour of Roger mac Donall Swiny my Autour's Unkle the Irish made a gallant Retreat But Morough ne Mart having cured his Eye Sullevan 122. was wounded in the Heart by O Rourk's Daughter whom he first ravished and then sent her home to her Father Hereat O Rourk grew so angry that Morough and his Soldiers would stay with him no longer so that O Rourk was forced to address himself to Mac Swiny na Doo who very generously made him Generalissimo of his Forces but I suppose he found but ill quarters there for it was not long before he went to the King of Scots but he being no Friend to Rebels delivered him to the Queen of England Camd. Eliz. 447. who had him tryed condemned and hanged Of this O Rourk there go two pleasant Stories one that being asked why he did not bow his Knee to the Queen he answered that he was not used to bow Sullevan 122. How not to Images says an English Lord Ay says O Rourk but there is a great deal of difference between your Queen and the Images of the Saints The other that he gravely petitioned the Queen Bacon's Essays not for Life or Pardon but that he might be hanged with a Gad or Wiâ—â— after his own Countrey fashion which doubtless was readily granted him Upon the death of Mac Mahon who had taken a Patent for the County of Monaghan his Brother and Heir Hugh Roe petitioned the Deputy to be settled in his Inheritance and the Irish say it cost him six hundred Cows to get a promise of it At length the Deputy would go in person to doe it but instead of that as soon as he came to Monaghan he imprisoned tried and condemned Mac Mahon for
necessitated William Burk with his Bownaghts to follow his Brother Tyrrel into O Carol's Country and O Sullevan himself and O Connor Kerry were glad to accompany them thither but these Fugitives did not pass so luckily and scotfree as Tyrrel did for Teige Mac Owen Carty on the skirts of Muskny and John Barry near Liscarrol gave them severe rebukes and the Sheriff of Typerary fell smartly upon their rear whil'st the rest were passing the Shennin in their Nevoges and even in the County of Galway Sir Thomas Burk and Captain Malby gave them disturbance but their despair made them victorious in that encounter and they bravely forced their way with the slaughter of Malby and many of his Soldiers and got safely into O Bowrk's Country On the fifth of January Captain Taffe had the good fortune to kill the valiant Apostolick Vicar Owen mac Egan and 140 of his followers near the River of Bandon which was followed by the submission of all the Rebels in Carbry and it is observed of this zealous Vicar that he never pardon'd any Irish-man tho' a Papist that serv'd the Queen but would as soon as they came before him have them confessed absolv'd and executed These good Successes were followed by the defeat and ruine of the Lord of Lixnaw whose party was totally routed by Captain Boys and all his substance taken and 80 of his Men killed as also by the taking of the strong Castles of Kilcoe and Berengary and so all Munster being reduc'd to obedience the Lord President prepared for his Voyage to England and left Sir Charles Wilmot and Sir George Thornton joynt Governors of that Province And thus ended this mighty Rebellion which from a small beginning grew to be the most general and dangerous defection that ever was in Ireland to that time which could never have happened but for the gripple-handedness as Cambden phrases it and slighting of England nor was this the first time that the Queen had been a Penny wise and a Pound otherwise in managing the Affairs of Ireland and had paid dear for her frugality as she did in this War which might have been prevented at first with the twentieth part of what it cost afterward for the Charge of this one Year from the first of April 1601 to the first of April 1602 amounted to no less than 322502 l. 1 s. 0d The Rebels in the course of this War were exceedingly troubled that some of the Papists continued Loyal to the Queen and they bitterly exclaim'd against the Popish Priests of English extraction that justified the Opinion they might lawfully do so and to convince them of their error the Rebels did not only procure a Bull from Pope Clement the Eighth dated the 8th of April 1600. giving such plenary remission of sins to those that fight against the Hereticks in Ireland as to those that fight against the Turks and his Holines's Letter of the 20th of January 1601. directed to Tyrone to animate him and his followers to persevere in their Rebellion but also procured the Censures of the Universities of Salamanca and Valladolid that it was mortal sin for a Papist to fight against Prince O Neal the Champion of the Church who militates for the Catholick Faith and that they cannot be forgiven till they desert the Hereticks Service and Mr. Sullevan thinks he has nickt it when he calls the contrary Opinion Insanam vene nosam doctrinam It seems that the Earl of Twomond remembring the severe Government of Fitton President of Connaugh whil'st he was in England made his humble Suit to the Queen that the County of Clare might be re-annexed to Munster whereof it was formerly a part whereupon the Queen the 29th of July 1602. wrote to the Lord Deputy and Council on that Subject and on the 4th of October she wrote positively to renew the Earl's Commission to use Martial Law in that County and to put him into all Commissions of Oyer and Terminor Goal-delivery c. next to the President and Chief Justice and to continue his Band of 200 Men and his Entertainment of 10 s. a Day and to reunite Twomond to Munster unless they found great reason to the contrary they debated the matter and 't was alledg'd for the reunion 1. The Name Thomond i. e. North Munster which proves it was originally part of Munster and so has continued 1300 Years 2. It was inhabited by Munster-men the O Bryans being setled on both sides the River Shenin their Language and Pronunciation is the same and since there is an Alliance between them they ought not to be seperated 3. Twomond was formerly part of the County of Lymerick and the Inhabitants have been often tryed for Life and Estate by Judges and Commissioners at Lymerick but of late the County being too large part of it was made a separate County by name of the County of Clare but nevertheless was subject to the Governours of Munster 4. It was first united to Connaugh at the importunity of Fitâ—on because Roscomon Sligo and Mayo were not amesnable to Law this brought great inconveniency to Thomond till it was reunited and Sir Nicholas Malby procured it again to be seperated and so it continued till the Earl got the Martial Government of it and his Company is of the List of Munster 6. It is necessary the President of Munster who governs Lymerick should have command on both sides the River Shenin to prevent the design of foreign Enemies 7. Part of Twomond is within the Liberties of Lymerick and must not de dispunishable till remedy can be had from Conaugh 8. Lymerick is the Sanctuary and Bulwark of Twomond and the fittest place to keep it in order and therefore the Citizens have purchased good Estates in Twomond and it would be very inconvenient to have them and their Estates under several Governments 9. Twomond is in the Province of Cashel the Arch-bishoprick of Munster and these Reasons prevailing the County of Clare was again made part of Munster But my Friends at Ballyvorny would never forgive me if I should omit the Indulgence granted by Pope Clement the Eighth to such as in devotion go unto Gobonet's-Church in Muskry in the County of Cork which follows in these words UNiversis Christi fidelibus praesentes literas inspecturis salutem Apostolicam benedictionem Lib. N. N. N. 77. ad augendum fidelium Religionem animarum salutem coelestibus ecclesiae thesauris pia charitate intenti Omnibus utriusque sextus Christi fidelibus vere penitentibus confessis ac sacra communione reflectis qui ecclesiam parochialem Sanctae Gobonetae loci Ballyvorni Clunensi dioc ' die Festo ejusdem Sanctae Goboneuae à primis vesperis usque ad Occasum solis praedicti festi singulis annis devote visitaverint ibi pro Christianorum principum concordia Heresum extirpatione ac Sanctae Matris ecclesiae exaltatione pias ad deum preces effuderint decem annos totidem quadragenas de
injunctis eis seu alias quomodolibet debitis paenitentiis in forma ecclesiae consueta relaxamus Praesentibus ad decimum duntaxat valituris volumus autem quod si alias Câ—risti fidelibus dictam ecclesiam visitantibus aliam indulgentiam perpetuo vel ad certum tempus nondum elapsum duraturam concesserimus presentes nullae sint Dat. Rom. apud St. Marcum sub anulo piscatoris die 12 Julii 1601. Pontificat nostri Anno decimo And so I conclude this First Part of the History of Ireland with the Death of the most renowned and victorious Queen Elizabeth which happened at Richmond on the 24th day of March 1602. in the Seventieth Year of her Age and the Five and fortieth Year of her happy Reign FINIS An Explanatory INDEX OF SOME Quotations and Terms Necessary for the Understanding this and other Histories of Ireland A. A Trium dei Athird or Ardee in Com' Louth Alla Barony of Duhallow in Com' Cork Auriterra the Barony of Orry in Com' Armagh Alladensis episcopus Bishop of Killalla Arachta Fraghty O Cahan ' s Estate in Com' Londonderry Aurilia Vriel or Monaghan and part of the County of Cavan Arachta O Connor Iraghticonnor in Kerry Armachanus Archbish of Armagh Atharla Harlow Wood. Agerlentis Gortnapishy Aunliffy Liffy the River of Dublin B. Bea insula the Dursyes in Com' Cork Bettagh or Buddagh a Clown or Villain Berva the River Barrow Ballybetagh contains 16 Ballyboes Ballybo contains 16 acres and in some places 60 100 and 120. Bonagium Bonnaught and is either Bonnaughtbeg viz. a certain proportion of Meat Drink and Money for the maintenance of the Souldier or Bonnaught bur is free quarter at discretion or rather this is free quarter in specie and the other is a comutation for it in money Bally similida Trimletstown Banacha the Territory of Mac Swiny bane in Com' Donegall Brethina Brenny in Com' Leitrim Bentragia Bantry in Com' Cork C. Cronoge is sevenscore Sheaves of Corn. Clyn's Annals a Manuscript written by Fryar John Clin of Kilkenny in the time of Edward III. Corbâ— Chorepiscopus is a sort of a Lay-coadjutor to the Bishop or one that takes care of the Temporalities of the See Clera Cape Cleer an Island in Com' Cork Cartron contains 60 acres Cothlia Colly O Driscoll's Territory in Com' Cork Clenglasia Clenlis a Territory in Com' Limerick Cella Canici Kilkenny Coyne Livery is free quarter for Horse and Man and Money besides Cheifry is a Rent in half-faced Money which was better than Sterling rather worse than Sterling by a third part Cuddy or Quid-â—hy is a Supper or Entertainment for a Night or an equivalent for it in Honey Aquavitae or Money Coshering is living upon the Party or quartering with him for a time Cess is Horse-meat and Mans-meat at the King's price Cutting is a Tax on extraordinary occasion vide verbum South Campion a History of Ireland written anno 1571. by Edmund Campion the famous Jesuit he counterfeited himself a Protestant and was a Deacon in the Church of England and Fellow of St. John's Colledge in Oxford D. Dondygon a River South of Dundalk Damliaga Duleck Danguina Dingle-i-cush in Kerry Dowgello or black Rent is a Contribution towards the keeping of Dogs and Hunts-men Duacensis Episcopus Bishop of Kilmacough Dunensis Episcopus Bishop of Downe Derensis Episcopus Bishop of Londonderry Darensis Episcopus Bishop of Kildare Dalra Delvin in Westmeath E. Ergalia is the County of Monaghan Eyrus the River Nore that runs by Kilkenny Elia Carolina Ely O Caroll or O Caroll's Country being the West part of the King's County F. Fardarough Maâ—â—ew Fercallia O Mâ—lloy ' s Country Fuida insula Whiddy Island in Com' Cork Feurus laâ—us Lâ—ghfâ—yle near Londondâ—râ—y Fanida the Territory of Mac Swiny Fanagh in Donegall Fenaborensis Episcopus Bishop of Kilfenora Baron Finglas a Manuscript of the Decay of Ireland wrote 1535. by Patrick Finglas one of the Barons of the Exchequer G. Gort a Field of about 6 acres more or less Gallown of Land is 25 acres Goron Jeofry Gillycree a Stud-keeper Gillycon a Dog-keeper or Huntsman Gormleghan Barony of Barimore in Com' Cork Glinns a Territory in the County of Antrim Galvia Gallway H. Herenache is a sort of an Archdeacon or Oeconomus Holingsh. Ralph Holingshead's Chronicle wrote about the year 1575. Hooker a Supplement to the Irish History wrote anno 1586. by Johu Hooker alias Vowell and bound up with Holingshead Hanmer Dr. Hanmer's Chronicle of Ireland preserv'd by Bishop Vsher it was wrote anno 1604. I. Iveleghan the Barony of Barrymore in Com' Cork Imanya O Kellyes Territory in the Counties of Galway and Roscomon perhaps the Barony of Boyle Inisonia Inisowen the Island wherein Londonderry is scituate Ibacha Evagh Mac genis his Territory in Com' Down Imelacencis Episcopus Bishop of Emly K. Kenlisa Kenanisa Kells in Com' Meath Kilmuchaloga Kilmallock in Com' Limrick Kernety is a Tax of 3 s. 4 d. or 4s per Plow-land to maintain the Lords Kerne call'd Kern-tee L. Lovidia Louth Logh tee Demeasn or Mensal Lands for House-keeping Lucus Derry Leffria Liffer Laonia Killaloo in Com' Clare Laonenis Episcopus Bishop of Killaloo Lib. A. Lib. B. c. are Manuscripts in the Library of Lambeth to the number of fifty or more marked Alphabetically M. Mart a yearly Rent in Beef Menapia Waterford Musterown a Charge of Money and Victuals for Workmen that build for the Lord of the Soil Midensis Episcopus Bishop of Meath N. Nevoge a Boat or Cot covered with Hides O. Ochella Yonghal Oriria Barria Orrery formerly belonging to the Barries Onachta Owny O Donough Ogigia the History of Ireland written in Latin by Mr. Flagherty P. Pontana Drogheda Pottle of Land is twelve Acres Polle of Land is fifty Acres Portucastellum Castlehaven in Com' Cork The Pale That part of Ireland near Dublin which was answerable to Law and where the King's Writ was obey'd it once extended from Dundalk to Carlow and Kilkenny but was much streightned in Queen Elizabeth's time but now is quite abolish'd because the whole Kingdom is reduc'd Polychronicon a fabulous History written by Ranulphus Higgeden Propect a History of Ireland by Peter Walsh Q. Quirren of Butter a Pottle or four pound price 4 d. R. Roseglass Monasterevan Routs a Territory in the County of Antrim Rapotensis Episcopus the Bishop of Rapho Refection is a priviledge the Lord has of claiming Entertainment for one Meal and no more Raporees the Rabble of the Irish who are armed with a Half-pike which they call a Rapery and have plundered the English in all parts of the Kingdom Regan a Manuscript by Maurice Regan Servant to Dermond mac Morough wrote about the Year 1175. Rupesfergusia Carrigfergus S. Securigeri or Scotici Gallow-glasses Irish Foot-Soldiers arm'd with a Battle-Axe Surius the River Shure Silanchia the Barony of Longford in the County of Galway Srone of Oat-meal is three Pottles price 4 d. Shraugh a yearly Rent in Money Soroheen a
charge for Gallowglasses number and time certain viz. Meat and Drink one day in a Fortnight Soroheen more was an equivalent for the other in Quirrens of Butter and Srones of Oatmeal South alias Tax or Tallage is a Contribution towards the payment of the Lords Debts or any other extraordinary occasion vide Cuttings Stanihurst a Treatise in Latin of the Conquest of Ireland by Richard Stanihurst Sullevan the Catholick History of Ireland written in Latin anno 1621. by Philip O Sullevan Siurirupes Carig ni shure alias Carrick in Com' Typerany T. Termon-lands are Lands belonging to the Church and were priviledg'd from Taxes and it seems the Termon was the Clergy-mans Tenant or Servant Turbarii Kernes Irish Foot-Souldiers lightly arm'd Tagh of Land is 60 acres Tuethia the Territory of Mac Swiny na doo in Com' Donegall Tirconell the County of Donegall Tybrach a Castle within two miles of Carrig and not Typerary as is by mistake supposed pag 40. Trowses are Britches and Stockings made to sit as close to the Body as can be Tate is sixty Irish acres V. Vriell is the County of Louth Vallis Juncosa Slevelogher the Mountain between the Counties of Cork and Kerry W. Ware Sir James Ware 's Annals of Ireland Ware de Presul the same de praesulibus Hiberniae Ware de Antiq. the same de Antiquitatibus Hiberniae ERRATA APparatus pag. 1. read 150 of the same miles broad p. 26. read Squaleing Engine Pag. 9. line 16. read irrita p. 11. l. 24. r. Birne p. 13. l. 11. r. next day p. 18. l. 41. r. inheritance p. 20. l. 28. r. Army was p. 23. l. 7. r. Tuam p. 27. l. 35. r. extirpate p. 37. l. ult r. and he without delay p. 44. l. 33. r. extraordinary p. 52. l. 44. r. Combatants l. 46. r. Nor the strong p. 57. l. 2. r. beholding to Ireland p. 63. l. 3. r. fideli p. 69. l. 38. r. Carbry p. 73. l. 46. r. and tho' the Britton had p. 109 l. 23. r. by methods p. 111. l. 20. r. Lucy p. 117. l. 7. r. and the King by his Patent p. 121. l. 17. r. Custodium p. 129. l. 5. r. and wounded the Earl p. 153. l. 34. r. Athy p. 157. l. 34. r. Heir Male p. 183. l. 21. r. Xeesh p. 190. l. 15. r. from his Journey p. 200. l. 16. r. in the world p. 208. l. 16. r. Clogher p. 211. l. 39. r. blows p 213. l. 19 r. repostum l. 42. r. James p. 234. l. 8. r. sixteen hundred p. 260. l. 9. r. quieted p. 261. l. 1. r. Finin O Driscoll l. 37. r. at four p. 271. l 40. r. if they prove p. 321. l. 43. r. 1565. p. 324. l. 5. r. Alexander Oge p. 325. l. 3. r. by Affane p. 329. l. 13. r. offenders in Parliament p. 367. l. 43. r. Thomas Butler alias Becket p. 368. l. 18 r. combat p. 370. l. 8. r. at wars p. 399 l. 30 r. aspersions p. 417. l. 20. r. gap p. 418. l. 19. r. root p 420. l 8 r. at loose fight p. 421. l. 15. r. O Birnes p 422. l. 9. r. figary l. 31. r. he deposed p. 425. l. 30 r. Barret l. 44. r. hereupon p. 426. l. 32. r. disown'd a Truce I do hereby License a Book written by Mr. Richard Cox intituled HIBERNIA ANGLICANA or The Second Part of the History of Ireland to be Printed and Published Given at the Court at Whitehall the 18 th day of February 1689-90 Shrewsbury Let this Book intituled HIBERNIA ANGLICANA or The Second Part of the History of Ireland be Printed Nottingham Febr. 18. 1689-â—â— HIBERNIA ANGLICANA OR THE SECOND PART OF THE HISTORY OF IRELAND From the CONQUEST Thereof by the ENGLISH To this Present Time By the Author of the First Part. ΕΙΚΩΠΒΑΣΙΛΙΚΗ 61. Indeed that Sea of Blood which hath been cruelly and barbarously shed in Ireland is enough to drown any Man in eternal both Infamy and Misery whom God shall find the malicious Author or Instigator of its Effusion Earl of Clarendon against Cressy 71. Was not the Rebellion begun and carried on by the King's Roman Catholick Subjects Was there one Man but Catholicks that concurr'd in it And did they pretend any other Cause for it but Religion In the SAVOY Printed by Edward Jones for Joseph Watts at the Angel in St. Paul's Church-yard Matthew Gillyflower in Westminster-hall Charles Harper in Fleet-street and Samuel Crouch in Cornhill MDCXC TO THE KINGS Most Excellent MAJESTY GREAT SIR IT is noted by the Lord Bacon in the Life of the Wise and Victorious Prince King Henry the Seventh That it was his Custom to be First or Second in all his Warlike Exploits and that it was his Saying when he heard of Rebels That he desir'd but to see them What Your Majesty has lately published to the Two Houses of Parliament is of the same Spirit and Policy But This is not the only Parallel between Your Majesty and that Great King for He also came from Abroad yet with this Distinction that His Coming was only to assert his Particular Claim whereas the Coming of Your Majesty was of Vniversal Concern it being to free us all who were at the Brink of Idolatry and Bondage To whom then GREAT SIR should I Dedicate this Second Part of the History of Ireland but to Your Majesty who now Dedicates Your Self to the Redemption of Ireland and being thus far in Possession of the Subject I am already preparing to Record all Your Majesty's Glorious Atchievements and am in certain expectation of a greater Theme than ever that Kingdom could hitherto boast 'T is true Your Majesty hath herein the Power of Two Kings to Oppose but 't is no ill Symptom that by what you have already done the One of them has been constrained to send his Plate and the Other his Cannon to the Mint Nor ought we to think better of Irish Armies or Irish Courage than is thought by those who judge Both well paid for when but rewarded with Copper 'T is certain The Bulk of that Nation are already surfeited with the Stratagem of that Imaginary Coin they feel the Fruits of contending for a French Interest by the Slaughter Sickness and Defolation of the Year past so that 't is possible Humane Nature may at length be too hard for the Priest and the Politician too and that when by Your Majesty's Presence they behold their Ruin at hand they may give more Exercise to Your Mercy than to Your Sword It was truly observed by Your Majesty in Your late Gracious Speech That in the speedy Recovery of Ireland the Place and Honor of England did consist and that hereby alone Taxes could cease So that as Your Majesty is now willing to expose Your Person for those Great Ends 't is not to be feared but the Nation will second Your Majesty with such Royal Supplies as may make it a short and not a lingring Work for not only in This but
in many other high Regards 't is Expedition alone that can answer the Anxieties which England must be in for Your Majesty's Absence And seeing Your Majesty will leave behind that Great Pledge Your Royal Consort and our most Gracious Queen Your Majesty will not want Your own Anxieties also for a speedy Return But that it may be with such Laurels as may bring Terror to France with Triumph to Your own Kingdoms and a happy Restitution of Your poor Protestant Subjects of Ireland to their Native Homes is the most fervent Prayer of GREAT SIR Your Majesty's most Dutiful most Loyal and most Devoted Subject and Servant R. COX TO THE READER YOU have here a History of great Variety and much Intrigue It takes in a large Space of Time of above Fifty Years and begins at the End of one War and ends with the Close of another The long Interval between these Two Periods being almost Forty years was spent in a profound Peace the short Commotion of O Dogharty only excepted and in promoting all those Blessings of Plenty and Good Laws which the Industry of the English could accomplish But the subsequent Part of the Time was according to Bishop Usher's Prophetical Sermon Preach'd Anno 1601. turn'd into a Scene of Blood Treachery and Desolation which overturned all The Roots of that so great Cruelty and Universal Defection are already hinted at in the Preface of my Former Part by those Differences there set forth of Nation Interest and Religion Upon King James his Accession to the Crown the Irish were surfeited with War so that all things in that Kingdom had a tendency to Peace And tho' a Rumor spread abroad and believ'd by the Irish That the King was of their Religion put some of the principal Towns into a Commotion yet the Diligence and Expedition of the Lord Deputy did soon appease that Storm and reduce the Disobedient to their Duty And tho' the natural Inclination of that King to Peace was a great Temptation to the Irish to try their Fortune with him in a War and accordingly the Lords Tyrone and Tyrconell and Sir Cahir O Dogharty attempted it yet the Rebels were always baffled in their Undertakings by the Diligence Wisdom and Courage of those to whom the King entrusted his Irish Affairs And indeed both King James the First and King Charles the First did take a particular Care to put the Government of Ireland into such Hands as were worthy of it and underwent the Administration thereof with Advantage to that Kingdom and Honor to themselves The First was the Lord Montjoy whom King James found Deputy and soon after made Lord Lieutenant This Lord was thought in England to be a better Courtier than a Soldier but when he came to Ireland he proved the best Soldier that Kingdom had seen in many Years It was he that found out the true Way of making War with the Irish For being well supplied with Necessaries from England he plainly saw that if he could attack them at a time when they wanted all Conveniences to keep the Field he could meet with very little or no Resistance and therefore he supplied his Frontier Garisons with Men and Provisions and they by their frequent Excursions did such Execution on the Persons and Estates of the Irish that by One Winters War he reduc'd them to the Necessity of eating one another and forced their Ringleader the Earl of Tyrone to submit to his Mercy and so made an end of that Rebellion His Successor or rather Deputy Sir George Cary was Treasurer at Wars and a worthy Gentleman but nothing of extraordinary moment hapned during his Government The next was Sir Arthur Chichester afterwards Lord of Belfast one well experienc'd in the Affairs of Ireland whereof he held the Chief Government for Eleven Years He was a good Soldier and a true Englishman and did Three great Things towards a Reformation The First was his Management of the most stubborn Parliament that ever was in that Kingdom which nevertheless he prevail'd with to Attaint the Earls of Tyrone and Tyrconell Sir Cahir O Dogharty and others and to make an Act of Recognition and to give the King a Subsidy And the Second was the Plantation of the Forfeitâ—d Estates in Ulster which he very much influenc'd and promoted And the Third was the Reviving and Restoring the Circuits for Judges of Assize in both the Provinces of Conaught and Munster The Lords Justices Doctor Jones Archbishop of Dublin and Lord Chancellor and Sir Richard Wingfield were Men Famous in their respective Faculties and are Founders of the Noble Families of the Earl of Ranelagh and Viscount Powerscourt And Sir John Denham Lord Chief Justice was not less Renowned than either of Them by reason of his great Learning in his Profession to which the Crown owes the first Advancement of that Considerable Branch of the Revenue arising by the Customs in Ireland The next Lord Deputy was Sir Oliver Saint John afterwards Viscount Grandison a Person Nobly descended and of a generous Temper He had given great Proof of his Courage and Conduct at the Battel of Kinsale and was not inferior to any of his Predecessors in a sincere Concern for the Protestant Religion and the Good of the Kingdom but he hapned in an ill time as did also his Successor the Worthy Lord Falkland whilst the Spanish Match was in agitation So that both these brave Men by the Clamour of the Irish and the prevailing Power of their Popish Enemies came away in Disgrace But their Innocence being afterwards vindicated as it was this Affront was in some measure atton'd for by the subsequent Favour of the King The Lords Justices that received the Sword from the Lord Falkland were the Viscount Loftus of Ely Lord Chancellor one of great Parts and Merit and the Noble Earl of Cork Lord High Treasurer who was one of the most extraordinary Persons either That or any other Age hath produced with respect to the great and just Acquisitions of Estate that he made and the Publick Works that he began and finished for the advancement of the English Interest and the Protestant Religion in Ireland as Churches Alms-Houses Free-Schools Bridges Castles and * Lismore Tallow Cloghnakilty Iniâ—keen Castletown Bandon which last Place cost him 14000 l. Townsâ— Insomuch that when Cromwel saw these prodigious Improvements which he little expected to find in Ireland he declared That if there had been an Earl of Cork in every Province it would have been impossible for the Irish to have rais'd a Rebellion And whilst he was carrying on these solid Works he lived in his Family at a Rate of Plenty that exceeded those who consumed great Estates in the lavish ways of ill-ordered Excess His †God's Providence is my Inheritance Motto shews from whence he derived all his Blessings the greatest of which was the Numerous and Noble * Earl of Burlington and Cork Viscount Kinalmeky Earl of Orrery Viscount Shannon Robert
the preposterous Courses they took For they were taught That the Pope was by Divine Right Universal Monarch and Governor of the World P. W. Remonstrance in Preface 6 7. and had Independent Sovereign Authority over Kings and Subjects in Temporal as well as Spiritual Concerns That he might Deprive and Dethrone Kings and had Power of both Swords to which every Soul upon pain of eternal Damnation was bound to give Obedience That he had power to absolve from all Oaths and that those who are slain in the Quarrel of the Church against an Excommunicated Prince die true Martyrs of Christ and their Souls fly to Heaven immediately So that it is no wonder that a People for the most part abounding in Ignorance and Bigotry tempted by the Hopes of Profit in the Plunders and Success of the War and stimulated by a National Malice against the British should be guilty of all that Cruelty and Treachery which they thought Meritorious and was in their Opinion conducive to their main Design of Extirpating the Protestants This tedious and bloody War which was at first begun by the Papists against the Protestants to support the King's Prerogative and suppress the Puritans as they pretended met with such prodigious Turns and Vicissitudes in the Progress of it that the most virulent Faction of the Papists joyn'd with the Puritans and fought for them against the King and against one another and all the Parties in the Kingdom which were * King Ormond Parliament Cooâ— Covenanters Lord of Ardes Supreme Couucil Preston Nuncio Owen Roe Five did one time or other in the War fight against the Faction it had formerly sided with But because this War was on the King's part managed by the Marquis since Duke of Ormond first in the Quality of Lieutenant General and afterwards as Lord Lieutenant it is necessary that according to my former Method I give some Account of Him which perhaps cannot be better done than from a MS. I accidentally met with wherein there are some short memorable Strokes of Him and his Family not unfit to be communicated to the Reader and therefore I have transcribed it as followeth 1. He was born at Clerkenwell in London on the Ninteenth of October 1610. and died at Kingstonhall in Dorset-shire on the 21th of July 1688. This was the 78th Year of his Age in which time he had seen Four Kings and served Three of them for 57 Years with an unshaken Zeal to the Crown 2. That he had seen Three Generations above him as maâ—â—ely his Father Thomas Viscount Thurles his Grandfather Walter Earl of Ormond and his great great Uncle Thomas Earl of Ormond who being a Black Man was commonly called by the Irish Thomas Duff This Thomas who was also Earl of Ossory was a Man of high Courage and Endowments and much favoured by Queen Elizabeth as being also Kinsman to her Mother He was Knight of the Garter Lord Treasurer of Ireland and General of the Army there He lived to the Age of Eighty seven Years and in the Reigns of Five Kings and Queens and died in 1614. So also had his Grace seen Three Generations below him as namely his Son Thomas the Renowned Earl of Ossory his Grandson James the present Duke and his great Grandson Thomas who was playing in the Room before him but a few Hours before his Death 3. That he had for some Years sat with Two of his Sons the said Thomas Earl of Ossory and Richard Earl of Arran in the House of Peers in England and his eldest Son was Knight of the Garter at the same time with Himself 4. That if the Siding and Partaking with the House of Lancaster in the Ancient Quarrels with the House of York which divided and at one time or other involved the whole Nation may pass for nothing it will not appear in all the Records that any Staln of Disloyalty was ever imputed to any that were the Chief Branch of this Family for Five hundred Years 5. That his Grace not to count what Titles they had before was the Twelfth Earl of Ormond and the Seventh of that Name of James He who was the Second James and styl'd The Noble Earl as being by his Mother de Bohun Great Grandson to King Edw. I. was thrice Lord Justice of Ireland And the Fifth James being by Hen. VI. made also Earl of Wiltshire Knight of the Garter and Lord Treasurer of England was Five times made Lord Deputy and Lord Lieutenant of Ireland and had a Patent of it for Twelve Years His late Grace the Seventh James was Lord Lieutenant Four times which in all took in about Twenty four Years And if we shall reckon how many of this Family and how often they have been concern'd in that Government it thus appears That from the 31 Hen. 3. 1247. when Theobald Butler Lord of Carrick was made one of the Lords Justices to 1 Jac. 2. 1684. that his Grace was dismist from being Lord Lieutenant there have in the space of Four hundred thirty seven Years been Ten of this Family who have Seven and twenty times been either Lords Justices Lords Deputies or Lords Lieutenants of that Kingdom These Instances are perhaps sufficient to give the Reader some farther Curiosity to know by what Steps this Great Man grew up into the World who had a various and difficult Part in those Revolutions that befel Three Kingdome and the Monarchs thereof And inasmuch as they seem to reflect some Light on part of the following Story I will venture to add what I also found in the same Manuscript as followeth That the said Thomas Duff having no other Issue than his Daughter the Lady Elizabeth he first married her to his Nephew Theobald Viscount Tullough who was a Protestant as well as himself But he soon dying Childless and the young Widow being made very considerable in her Fortune by the Father's Indulgence there came Sir Richard Preston a Scotchman who being much favoured by King James and fortified by His Credentials he obtain'd the Lady and was made thereupon Lord Dingwell in Scotland and Earl of Desmond in Ireland This Earl soon began to stretch and enlarge his Pretensions to the Estate But Earl Walter the Heir at Law opposed him King James was pleased to take upon Him the Arbitration between them but did it with such partiality as Earl Walter thought that he chose rather to be thrown into the Fleet as for Contempt than to submit There he lay a Prisoner for Eight years together his whole Estate Sequestred and Extended his County Palatine of Tipperary which had been Three or Four hundred years in the Family seised by Quo Warranto into the King's Hands and he reduced to a shameful Want The Duke of Buckingham was active in this Oppression but the Cry of it grew so lowd at last that the King relented for what he had done In these Troubles it was that his Grace's Father Thomas Viscount Thurles coming over to prosecute in
their Solicitations and Attempts with an unshaken Steadiness It was pity so true a Nobleman should not fall into better Times and among a better People he might then have been as Eminent for doing of Good as now he appears Valuable in the resisting of Evil. And thus we are come to the End of a War which as it was rashly and cruelly begun so was it by the Confederates with such Cowardise and Folly carried on that excepting One Defeat given to the Scots they never had Advantage in any One Pitch'd Battel over the British And what could be more Tragical and Infamous to them at last than that they should from the Hands of those they always villified be compell'd to beg and glad to accept the worst of all Terms namely Transplantation to such as staid and of Banishment and Transportation to the rest But how surprising are the Revolutions of this World that from these Ashes and thus scatter'd to the Four Winds there should be a Foundation laid for that Fortune which the wandring Irish found by meeting in Foreign Parts the succeeding King and the Duke of York and by their Indulgence to be able not only to set up again but as at this day to expel their Conquerors and even to menace the Tranquillity of England The Links of this Mysterious Chain are so wonderful that I can hardly forbear a short Prospect of them in the Particulars following As first to observe How the Monarch of Three Kingdoms King Charles the First sat peaceably here at Home when Scotland began to Invade him How a great Number in England siding with the Scots put His Majesty into some Straits How the Irish taking advantage hereof fell to the murthering of His Protestant Subjects in that Kingdom How his Majesty sent presently His Authority and Commissions to suppress those Rebels while He at home was by others opprest and at last overthrown and His Children driven into Banishment How in consequence hereof the same Usurpers pass into Ireland and there compleating what His said Majesty's Commission could not they there subdue and drive the Irish into the like Banishment Here then the Crysis began That both Prince and Rebel-Subjects being forced to depend on Strangers and both driven by the same Hand into a State of Common Misery it was natural enough to forget how Things before had stood between them and only to look forward either how to be reveng'd or how to subsist King Charles the Second being at the Usurper's Instance expelled also from France he makes Conditions with Spain and calls to Him from other Services all His scattered Subjects and in this it must be allow'd the Irish made a Considerable Part. But if it be true that with these New Friends He then secretly grew reconciled unto their Religion also 't is no wonder if they got farther into Favour than what before they had deserv'd 'T is also easie to believe That as His Majesty's Restauration drew nigh the Irish obtain'd from Him all the good Words imaginable so that when He came into England He lay under this Contradiction of having promis'd to the Protestants of Ireland whose Commissioners met Him at Breda the Security of all they had gotten as to the Irish before the Re-possession of all they had lost The English spared not on their part to fortifie the Promise they had by a Charge of general Guilt on the Irish And the Irish were as lowd in the Justification of their Innocence So that to reconcile this Perplexity there was Advantage taken from what Both averr'd in persuading the English to restore what might belong to an Innocent and the Irish to forego their Hopes if upon Trial they should appear to be Guilty However to make this go easier down on either side there was a Notion set up and strangely imbib'd of a prodigious Stock of undisposed Acres which were sufficient to satisfie not only the Disappointments of some but even the Expectations of all Upon this an Act is fram'd by the English and tho' by the Tenor and Contexture of it nothing was more improbable than the Qualifications of Innocence yet by Favour in a Majority of Commissioners sent and instructed how to execute that Law the Irish prov'd fortunate beyond all expectation The Duke of York was always more open and avowed in his Patronage of them from the beginning and frequent Essays were made by his Power with the King to advance and distinguish them by Marks of Favour But the King was so cautious of His own Safety and He Reigned so long that the English had time to flourish For there was an Army kept up of Seven thousand Protestants and all the Commands and Offices both Civil and Military were in the Hands of the English However as His Royal Highness drew nigher to the Throne and as his Influence with the King increas'd so began this Flourishing State of the Protestants to be undermin'd And no sooner had he gotten the Scepter but he began openly to execute what surely was before intended and the whole Frame and Contexture of the English Government was subverted and dissolv'd However we live to see as at this day how dearly King James hath paid for that Experiment and for the Hopes He had and the Attempts he made of an equal Success in England And this also is worthy of some Remark That those very Protestants in the Army of Ireland who were driven out by His Command and took Refuge in Holland should so soon return under the Prince of Orange out now Happy King and assist in driving Him not only out of England but to take Refuge in Ireland Where these Windings and Revolutions will end God Almighty only knows but since we have so hopeful a Prospect that they may determine to the Honor of His Majesty to the Advantage of the English Nation the Restauration of the Irish Protestants and the Re-establishment of True Religion in that Kingdom I see no Reason to doubt but that I may be able to give you a joyful Account of all these Things in my Third Part. AN APPARATUS OR Introductory Discourse TOUCHING The Controverted Points in this HISTORY BECAUSE contrary Interests have perplexed this Affair and prevailed with a Party sometimes to stifle and sometimes to disguise the Truth and because the Papists have represented several Parts of this History not only in another manner and in a more soft and palliating Stile than I have done but have reported sundry considerable Matters of Fact quite contrary to what I have related it will be necessary to make a particular Examination of their most material Allegations and a strict scrutiny into my Assertions and the Proofs of them or Reasons for them and because I would not interrupt the Series of the History with these inquiries I thought it convenient to insert them here by way of Introduction But before I descend to particulars it is necessary to settle this great Preliminary that will run through the whole and
what little jealousie he had of it was seasonably imparted to the Lords Justices by the Letter mentioned Page 65. as his surprize at that unexpected Rebellion is expressed in his Letter to the Earl of Ormond recited Appendix 49. The next thing in Dispute The Sixth Question is The Number of those that were Massacred which Sir William Petty computes not to exceed 37000 Not the twentieth part of what is reported says the Earl of Castlehaven not exceeding some hundreds says P. W. not above 400 says the Author of the Settlement and Sale of Ireland not above 4000 says R. S. in his Collection of Murders To which I answer That by Depositions upon Oath it does appear that many thousands of British were murdered and many more came to untimely Deaths by the Cruelty of the Irish and this is an undeniable way of Arguing That all the British that did not escape did perish by that Rebellion and though the Difficulty still remains to ascertain the number of those that escaped yet it is certain they could not be half of what were in the Kingdom because the Towns that were left for their Refuge were not capable to Receive or Entertain so great a number and even those that did escape to Towns did perish in heaps by reason of the ill usage they had received from the Irish And indeed Sir W. Petty does allow this method of Calculation but his mistake is occasioned by leaving out an Item that I conceive should have been added and that is the number of those born in Ireland and transported thither out of England and Scotland during the interval between 1641. and 1652. for his Compution runs thus British in Ireland anno 1641. 266550 British alive anno 1652. 150000 Ergo there perished in the War but 116550 Whereof one Third in the first Year of the Rebellion and the rest from thenceforward But he should have added That in those ten Years from 1641. to 1652. there were born in Ireland and there came thither out of England and Scotland in all about 300000 Souls and he should have added a proportion of that number to the other and then he had been near the Computation which other Judicious Men have made in that matter But others well knowing that the greatest part of the British that were in Ireland did really perish in the first year of that Rebellion do deny that there was any such Number there as is pretended to have been Massacred and one of them is so vain to say That the Irish were a hundred to one But whoever considers that the British Plantations in Munster had been setled forty years before and that of Vlster almost thirty years that half the Kingdom was the Propriety of Protestants that there were no less than 100000 Scots as the Earl of Strafford affirmed upon his Tryal that the Earl of Cork alone had above 10000 Protestant Souls upon his Estate that all the Officers of State War and Justice and most of the Mechanicks were British will find no Grounds for that Objection However I will not pretend to determine the Number but this I will say That it was great enough to draw the Curse of God and the Revenge of Man upon the infamous Authors of that Massacre as it afterwards did The next Objection is The Seventh Question That the Rebellion was not General but was begun by a few desperate Persons in the North and therefore the Popish Members of Parliament did readily agree to a Protestation against it Review 31. in a Session of Parliament on the 16th of November Quidam nobiles in Vltonia conspirant says Mr. Beling Page 2. To which I answer That the beginning of all Rebellions is by a few or at least there do but few appear in them at first but never any Rebellion in the world increased faster or became more General than this whereby it is manifest that the Design and Conspiracy was Universal and so Rory Macguire told his Brother-in-Law Colonel Awdly Mervin on the 27th of October That all Ireland was by that time in their hands and those that are Ingenious of that Party do confess it to be so P. W. Pref. to Remonstrance 12. their own Procurator P. W. does acknowledge That it was an Vniversal Rebellion and that all the Irish Papists a very few excepted P. W. Letters 54. that it was the National Sin of the whole Catholick Party by Participation were concerned in it O Reylye's Wife said The Lords of the Pale were the Ringleaders and Colonel Planket affirmed That all the Popish Lords had contracted before-hand and Patrick O Bryan testified the same upon Oath and named the Lord of Gormanstown particularly The Lord Macguire confessed That those of the Pale were privy to the Plotting of the Rebellion and Macmahon declared That all the Popish Lords and Gentlemen in Ireland were Engaged in the Plot and that twenty out of every County were to be detached for the Surprize of the Castle of Dublin There was not one County shall I say a Catholici intra Dublinium numero hereticis superiores paratissimi erant ad Vrbis deditionem concurrere vindiciae eversae 91. Temple 46. City in the Kingdom exempt from the Rebellion and in the Province of Vlster only there were 30000 Irish-men in the Rebellion by the 5th of November and I must do Father Ponce the Right to acknowledge That he is more just than to shelter his Party under this pitiful and false Subterfuge and therefore he frankly confesseth That they were all in the b Faedus initur ab omnibus vindiciae eversae 6. Conspiracy and that not the Great Men only but the c Non proceres modo sea eujusâ—bet conditionis per universum Râ—gnâ—m Cathoâ—â—â— Catholicks of all Conditions throughout the whole Kingdom were concerned And certainly it is Incumbent upon these Advocates to shew that those whom they would clear from this Rebellion did publish any Protest or Manifesto against it or d As the Marquis of Clanâ—ickard and some few others did fight against the Rebels or assist the Assaulted English but on the contrary it is manifest by the Decrees of the Assembly That they would suffer no Neuters amongst them But what need any more to be said than that a few could not have perpetrated the Murders and Robberies they have committed The Irish were not so stout nor the British so tame to be served so by a few It appears by Dr. Jones his Examination that the Conspirators at Multifernam computed their Number to be 200000 Men and the Event shewed they had no less but I will close all with the Expression of the Congregation at Kilkenny in May 1642. viz. There is the Vnanimous Consent and Agreement of almost the whole Kingdom in this War and Vnion And the saying of the King to the Protestant Agents at Oxford Anno 1644. when they offered to prove that it was a General Conspiracy and Rebellion
Congregation at James-town Excommunicated the Lord Lieutenant and Declared against his Authority and they and the Assembly at Loghreah forced him out of the Kingdom Galway treated with the Duke of Lorrain and received his Ambassadour and that Town and Limerick and several Lords and Gentlemen did joyn in a Commission to treat with foreign Princes as appears Appendix 47. All the Kingdom did at length submit to the Kings Enemies and most of the Confederates took the Engagement to that Government which certainly dissolv'd the Articles of Peace and all Covenants with his Majesty with which that Engagement was inconsistent I should not insist upon it that the Peace was null and void from the beginning and impossible to be performed because the King could not repeal Acts of Parliament much less give away those Estates which were sold to the Adventurers for valuable Consideration by Act of Parliament but that the Confederates had by a previous Engagemen there recited p. 205. which P. W. stifly denies and my Lord of Oâ—â—ery probably had not seen pre-ingaged themselves to return to their first Confederacy if the Articles of the Peace were not fully performed to them Lastly Those Articles were not to be binding unless they should be confirmed by the next Parliament and since they missed of that Ratification they are totally vanished and dissolved and have no manner of Obligation upon any Body Another Question may be made The Tenth Question Whether the Quarrels of the Confederates against the Marquiss of Ormond were founded upon a prejudice to his Person a hatred to his Religion or an aversion to his Authority To which I Answer That their Dissatisfaction with that Lord was not at all in respect of his Person or any Qualifications he had except that of a Protestant Vice-Roy but their hatred to him was partly upon the Account of his Religion but chiefly upon the Score of his Authority for altho' they load his Memory with innumerable false and scandalous Aspersions yet those of Heretick and Idolater of Majesty are not the lâ—ast spiteful nor as they thought the least infamous But after all they can forge or say They confess It would be the same thing if any other of the same Religion should have the Government out aliquis alius ejusdem professâ—onis invidiae in Catholicos says the Bishop of Fernes pag. 34. Noâ— in ullam aliam pacem cum Ormonio aut ullo alio Heretico prorege Nuncius conveniret says Father Ponce pag. â—79 and he fairly gives the Reason of it for a Heretick will never be fond of Popery says he Summe timendum est quemâ—unque adversae Religionis non satis prospecturum Catholicae And tho' the Vice-Roy were a Roman Catholicks yet as long as the Prince that Authorizes him is a Pretestant or King of England they will not be satisfied and the Reason of this is plain viz. That such a Vice-Roy must obey the Commands of his Heretick Master P. W. Letters pag 12. and must preserve Ireland in Subordination to England whereas their main drift was to make it Independent or to alienate it to a Foreigner yet this Assertion would hardly be believed but that we can back it with an instance in the Case of the Marquiss of Clanrickand whom they affronted and traduced as bad as they did the Marquiss of Ormond and Father ponce his Book is written to vilifie that Noble Lord who had no fault in him except his Religion nevertheless they treated him with that degree of Insolence as to threaten his Lieutenant General P. W. Remonstrance 585. to rent the Army from him if he did not dismiss his Confessor immediately they also gave up the Towns and particularly Galway without consulting him tho' he was at hand and they treated with foreign Princes contrary to his Express prohibition and others that he did Authorize had the Confidence to vary from his Instructions and to decline his Name and Authority And what better can you expect from a People which as P. W. observes are wholly given up to be instructed by Anti-remonstrant Priests P. W. Letter to the Earl of Essex pag. 19. known maintainers of the most Anti-Christian Maxims of Disloyalty even to the unsheathing of Swords and cutting of Throats And Lastly It may be demanded Whether all and every of the Irish be guilty of those Crimes and Qualities that in this History may seem attributed to them under the indefinite Appellation of Irish To which I Answer That they are not all Guilty but on the contrary there are undoubtedly very many Lords and Gentlemen of worth and virtue in that Kingdom who abhor and detest those Cruelties and Treacheries which the Generality of their Country men have exercised upon the English nor had I the least design to condemn the Innocent with the Guilty or to asperse any Man of Honour or Worth and therefore tho' I have good Warrant even from Scripture Phrase and Example to use the indefinite Expression when nevertheless many particulars are not comprehended in it yet to avoid all Ambiguity or Mistake in this matter I do here once for all advertise the Reader That where ever he finds the word Irish he understand it only of the Irish Rebels or of the Commonalty or Generality of that Nation as the Sense will best direct him THE REIGN OF JAMES I. KING OF England Scotland France AND IRELAND HITHERTO the Irish Historians have represented their Countrey-men Analecta Hiberniae Sparâ—im as if they were influenced by the most abstracted Considerations of Religion and Honour Ogigia in Preface pag. 4. and as if they were agitated by a generous desire of their Native and Original Liberty and excited by an unparallell'd Loyalty to their Ancient Monarchy to resist and endeavour to shake off the Violences and Usurpations of England whilest one Generation following another in Imitation of their Godly and Worthy Ancestors have gallantly endeavoured to deliver their enthralled Nation from Oppression as Pope Urban VIII words it in his Bull and therefore their Historians do boast of the multiplied Rebellions of the Irish as so many brave Efforts to rescue their Nation from the Bondage of those English Collectors of Peter-pence whom they would hardly vouchsafe to style their Kings But now that the Royal Family of the Stuarts hath ascended the Throne to whose Sacred Blood the Irish Nation hath contributed whose Pedigree is founded on the Famous Irish Milesian Princes Prospect Epist Dedic now that the Irish have got their own Countrey-man for their King a King whose Ancestors and first Predecessors were of their own Blood Propositions at Oxford 1642. a Prince not only of Irish Extraction but such a one as is of the Royal Line and even by the Irish Law ought to be King of that Island and was as they say the One hundred twenty first King of Ireland in a direct Line from Adam Ogigia in epist whereof Eleven were before the Flood
Twenty six before they came to Ireland and Fifty one in Ireland whereof Twenty four were Monarchs and Thirty three in Scotland and so succeeded by Hereditary Right from his Illustrious Irish Ancestors Now I say that they have gotten such a Rightful Hereditary King Analecta Hiberniae the Reader must not expect to hear of any more Irish Rebellions but on the contrary that their peaceable and Loyal Deportment will distinguish between Rightful and Usurping Princes Consanguinei Regis analecta Hib. 208. and that now theâ—â— own Kindred is restored to them we may expect to find that they will take pleasure and delight and a conscionable Pride as they phrase it to be Ruled and Commanded by their own Relations Ib. 276. Germen Hibernorum spes seminis jubar sanguinis and that their great Endeavours for the Kings of England of that Line to whom they are tyed by the Bond of * Cui obligati sumus vinculo sanguinis Consanguinity will be the Work of a Simpathy of Blood if there be any Truth in the Reports or Flatteries of the late Irish Historians or in the Speech of the present Recorder of Kilkâ—nny But alas these thin Pretences which in Ireland are thought Stratagems are easily seen through in England where it is believed that there is something more Criminal in Heresie then can be expiated by Extraction and therefore they expect that the Royal Family of the Stuarts whilst it continues Protestant must have their share of opposition and disturbance even from their own Irish Country-men and with as malicious Circumstances as any other Protestant Princes have had and how far they were in the right of it is Summarily related in my Epistle to the Reader but shall here be more at large explained JAMES VI. King of Scotland 1602. Succeeded the Deceased Queen Elizabeth on the Throne of England by unquestionable Right Ir. Stat. 2. Jac. 1. cap. 1. I say unquestionable notwithstanding the Book published against his Title and Right of Succession by Parsons the Jesuit under the name of Doleâ—an for the material Allegations of that Author are notoriously false and which is worse himself knew that they were so as Peter Walsh hath assured us Letter to the Bishop of Lincoln p. 212. and it is manifest to all the World that the King was the only Son of Mary Queen of Scots Daughter of King James the Fifth Son of James the Fourth by Margaret his Wife who was the eldest Daughter of Henry the Seventh by Elizabeth Heiress of the House of York and so was Heir to both the Families of York and Lancaster And was therefore Proclaimed King without any opposition Secretary Cecill himself reading his Title as also Queen Elizabeth's Will at Whitehall Gate on the 24th day of March 1602. And as to Ireland CHARLES Lord MOUNTJOY continued Lord Deputy 1603. and was afterwards made Lord Lieutenant of that Kingdom and having received Letters from the Council of England with a Proclamation of the new King he first Signed the Proclamation and all the Council did the like in Order and then with great Solemnity they published and proclaimed the same in Dublin on the Fifth of April and about the same time he received kind and gracious Letters from the King then in Scotland by one Mr. Leigh whom therefore the Lord Deputy Knighted The Earl of Tyrone who was brought to Dublin in Company with the Lord Deputy on the 4th day of April could not refrain from Tears on the News of Queen Elizabeths Death nor can we blame him for it for besides the unsecurity of the Pardon or Protection he relyed on being derived from a Princess that was Dead and an Authority that was determined before it was executed He had also lost the best opportunity in the World either of continuing the War with advantage or of making a profitable and meritorious Submission to the new King nor did he want Pretences and Circumstances that would have made his free Submission highly valuable and exceeding honourable however since he had missed the Season of doing better he thought it prudent to do the best for himself that his Circumstances would permit and to secure the Protection and Estate that were promised him and accordingly the 6th day of April the Lord Deputy did not only renew his Protection in King James his Name but soon after gave him Liberty to return to Ulster to settle his Concerns but first the Earl put in his Hostages and also renewed his Submission in a set Form of Words wherein he abjured all foreign Power and Jurisdiction in general Morison 279. and the King of Spain's in particular and renounced the Vraights of Ulster and the name of O Neal and all his Lands except such as should be granted to him by the King and he promised future Obedience and to discover his Correspondence with the Spaniard And at the same time he wrote to Spain for his Son Henry but without effect for he was afterwards found strangled at Brussels no Body knows how and on the 15 th day of April O Rourk in like manner by his Letters humbly offer'd to submit to his Majesties mercy which Offer was accepted These Great men having thus submitted and the Kingdom but especially Ulster being so wasted and destroyed that the Famine encreased to the degree of eating one another as I have already mentioned in my former Part. And the number of the Irish being exceedingly lessened by their many tedious and obstinate Rebellions and those that remain'd except Cities and Towns being so poor that the very estated Men had not wherewithal to stock or cultivate their Land nor had any improvements left upon their Estates Bello peste inedia fatigati Analecta Hib. 207. except perhaps a dismal Castle and a few pittiful Cabins One might expect that this miserable Condition which required a long interval of Rest and Peace to amend it would oblige these People to live peaceably and Loyally under this new King of their own Lineage And perhaps it might have done so if the Universities of Salamanca and Validolid had not about this time sent over their Determination of that knotty Point that Vexata Questio Whether an Irish Papist may obey or assist his Protestant King Which they resolved in the Negative by two Assertions Sullevan's Cath. History 203. 1. That since the Earl of Tyrone undertook the War for Religion and by the Pope's Approbation it was as meritorious to aid him against the Hereticks as to fight against the Turks And 2. That it was mortal Sin any ways to assist the English against him and that those that did so can neither have Absolution nor Salvation without deserting the Hereticks and repenting for so great a Crime But this New Declaration of two such famous Universities and the Impatience of their busie Priests set them a madding again so that they wanted nothing but Power to make a more general and formidable
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
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
in the Confession was Ecclesiastical Whereupon the Attorny General Learnedly descanted upon the words Ecclesiastical and Spiritual and exposed the Knavery and Silliness of the Prisoners Equivocation and then Mr. Justice Sarsfeild pronounced the Sentence of the Law against him which nevertheless was never Executed upon him that I can find However to attone for this seeming Severity and to quiet and oblige the Irish the King issued out a Commission of Great under the Great Seal of England to confirm the Possessors of Estates in Ireland against all Claims of the Crown by Granting new Patents to them But the Irish are a People that seldom beaâ— good Fortune with any Moderation or Temper and the King and Council of England were mightily deceived when they thought that Lenity and Commissions of Grace would oblige them to Loyalty and Obedience on the contrary it always makes them think the Government weak and never fails to put them upon Action So true is that of the Poet Unguentem pungit pungentem Hibernicus Ungit And just so it happened after this Commission of Grace for on the 7th of May a Letter directed to Sir William Usher Clerk of the Council was dropt in the Council Chamber Temple 2. which discovered a Conspiracy of the Earls of Tyrone and Tyrconnel Macguire O Cahan the Lord of Delvin and almost all the Irish of Ulster to surprize the Castle of Dublin and Murder the Lord Deputy and Council and to set up for themselves Lib. C. They had sent a Baron to the Arch-Dukes to sollicite Assistance and probably had employed some Body else to Spain but as soon as they had Notice that their Plot was discovered the Earls of Tyrone and Tyrconnel and the Lord Macguire fled beyond Seas to get Spanish Aid 1607. and the rest did shift for themselves as well as they could but some were taken and executed And not long after Justice Sibthorp and Baron Eliot attended by some of the Kings Council were sent into the Counties of Donegall and Tyrone with a Commission of Oyer and Terminer and so Indictments were found against these Conspirators and all those that fled were Out-law'd thereupon But because those Earls did alledge Lib. M. that they were persecuted for Religion and had been injuriously dealt with the King on the 15th of November 1607. published a Declaration wherein he affirms That they had not their Creations or Possessions by any Lineal or any lawful Descent from Ancestors of Blood or Virtue but were for Reasons of State preferred before others of better Quality and Birth in their Countrey and Protests they had not the least shadow of Molestation nor was there any purpose of proceeding against them in Matters of Religion their Condition being to think Murder no fault Marriage of no use nor any Man valiant that does not Glory in Rapine and Oppression and therefore 't were unreasonable to trouble them for Religion before it could be perceived by their Conversation they had any and that in all Matters of Controversie they were favoured except in such Cases where they design'd to Tyrannize over their fellow Subjects that they did stir up Sedition and intestine Rebellion in the Kingdom and sent their Instruments Priests and others to make Offers to Foreign States for their Assistance And that under the Condition of being made free from English Government they resolved also to comprehend the EXTIRPATION of all those Subjects now remaining alive within that Kingdom formerly descended of English Race In December 1607. The Lord Deputy and Council sent Sir Anthony Saintleger Master of the Rolls to the Lords of the Council in England to inform them that the Omores would by next May be transplanted from Leix into Munster and that it was fit the O Connors should be so too that the Lord Delvin must be severely persecuted because frequent Pardons do encourage Irish Rebellions that his Castle of Cloghouâ—er is taken and so is his Son and himself left as desolate as a Wood Keâ—n and to desire to be instructed what to do with those that refuse the Oath of Supremacy and to inform that they have stopt the Quo Warranto's because the Corporations will submit to the Customs if their Arrears be forgiven that there is a great Propensity in the Irish at this time to Rebel and that it were fit to send over Twenty thouthousand Pounds to lye dead for such an Accident and that the King would be pleas'd to decide the great Controversie between the Earl of Kildare and Sir Robert Digby which is now ready for Sentence in the Castle-Chamber and also to represent the State of that poor Kingdom c. But notwithstanding all the Care that was taken to keep the Kingdom quiet 1608. the Hopes and Expectations of Aid from Spain easily put the Rebellious Spirits in a ferment insomuch that Sir Cahir O Doharty Proprietor of Inisowen a Gentleman of great hopes but of few years not exceeding One and twenty was by Assurances from the Earls of Tyrone and Tyrconnel of speedy and effectual Aid perswaded to begin the War his main Design was upon Derry which he surprized and burnt Sullevan 210. he also Murdered the Governor Sir George Pawlet and all the Protestants except the Bishops Wife that was ransomed he also surprized Culmore and the Magazine there Spretis centum argenti libris quibus pseudo Episcopus eos redinere Cupiebat and burnt Two thousand Heretical Books as he call'd them refusing to let them be redeem'd for an hundred pound And this Rebellion became the more formidable because it was fomented and encouraged by the Priests who affirm'd That all were Martyrs that died in the Service But for the better understanding of this matter it is necessary to inform the Reader that Queen Elizabeth finding it convenient to plant a Garison at Loghfoyle made several Attempts to that purpose but they all miscarried until Sir Henry Dockwra Landed at Kilmore or Culmore and erected a small Castle there and a Month after he took Derry without Resistance and built two Forts and a good House there but afterwards viz. Anno 1617. that place was built by the Londoners and became a fair and strong City well known by the Name of London-Derry This Sir Henry Dockwra also built the Castles of Dunalong and Lifford and afterwards assigned the Government of Derry to Sir George Pawlett a Hampshire Gentleman and the Command of Culmore to Captain Hart a Man of great Courage After Sir John O Dogharty's Death his Son Cahir shewing great Inclinations to the English and being a Youth of great hopes was not only Graced with Knighthood and made a Justice of Peace and a Commissioner in most of the Commissions that came to that Countrey but was also treated with all due Respect upon all occasions and he on the otherside contracted an intimate Friendship with the Chief of the English and particularly with Captain Hart Governour of Culmore to whose Son he was
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
Displeasure resolv'd to send them into Ireland and therefore a Commission under the Great Seal of England was directed to Sir Dudly Digs Rushworth 55. Sir Thomas Crew Sir Nathaniel Rich and Sir James Perrot and others to inquire of sundry Matters concerning his Majesties Service in Ireland as well in Point of Government Ecclesiastical and Civil as of Revenue and to inspect the State of the Kingdom and propagate Religion settle the Government and improve the Exchequer The Pretence of this Commission was the many Complaints of the Irish against the Lord Deputy not that there was any just occasion for those Accusations but that it is always their Custom to complain of any Governour That is a good Protestant and a good Englishman as this Lord Deputy was in perfection and is therefore to the last Degree hated and scandaliz'd by the Irish Papists and it is no wonder it should be so for their Interests are Diametrically opposite to that of an English Protestant and therefore it does necessarily follow that whoever Is faithful to the English will be odious to the Irish and subject to their Clamours and Contempts However the Lord Deputy was not wanting to his own Vindication and therefore wrote to the King that he met a Cloud of malicious Enemies instead of good Subjects and that even some of the Privy Council were Spies upon him and took occasions to lessen him tho' they had no other Provocation for doing so but his Examination of a certain Patent according to his Majesties special Order and his righting the Church against their Depredations And tho' the King in Answer August 1621. assur'd him That his Reputation stood without blemish and that his Majesty had sent him some Propositions which he was ordered to observe yet the Deputies Enemies not only prevail'd to have the aforesaid Commission of inspection issued but having gain'd that Point they urged that the Commission could not have any considerable Effect whilst the Lord Deputy continued in the Government and therefore procured that a Successor should be nam'd and that being also accomplish'd in the Choice of the Lord Viscount Falkland The Lords of the Council on 25th of January did advise the King by Letter to re-call the Lord Deputy immediately and to appoint Justices till the new Deputy could go over but the King from Nâ—wmarket on the 28th of January Answers That it were dishonourable to serve one in that eminent Station so unkindly without a Crime and that the new Deputy will be there before the Commissioners can be ready to enter on Business and with his own Hand adds this Postscript It was never wont to be my Fashion to disgrace any Ancient Minister of mine before he were heard To this the Lords of the Council on the Tenth of February reply That they design no Disgrace to the Lord Deputy nor do propose but what is usual and what was done on the removal of the Lord Chichester The King answer'd again That it was so done in the Case of the Lord Chichester because he had not resolv'd who should be the Successor However the Lords of the Council prevail'd and tho' the Lord Deputy did on the Ninth of February 1621. write to the Duke of Buckingham That he is content Publick Proclamation should be made That if he had done any wrong he might suffer for it so confident he was of his Innocency yet he suspected the Design of the intended Commission was to scandalize him and to that end the Commissioners were partial and therefore desires that iâ— the Bent of that Commission be against him then indifferent Men should be employ'd and if only Publick Good were design'd by it that then he might be one of the Commissioners yet he could not prevail in any of his Requests but was in May following remov'd tho' he was afterwards found not only Innocent but so deserving that he was soon after his Return created Viscount Grandison of Limbrick in Ireland Baron Trogose of Highworth in England Lord High Treasurer of Ireland and Privy-Counsellor of both Kingdoms ADAM LOFTUS Viscount ELY 1622. Lord Chancellor RICHARD WINGFIELD Viscount POWERSCOURT were sworn Lords Justices on the Fourth day of May and soon after received a Letter of the 29th of May from his Majesty ordering them to allow the new Lord Deputy Falkland his full Entertainment and all Perquisits c. from the day the Lord Grandison surrendred the Sword abating thereout for themselves at the Rate of 2000 l. per Annum for the time till he receives the Sword and that the House and Grounds of Kilmainham and the Port Corn be likewise reserved for the New Lord Deputy And it seems that these Lords Justices had seised the Lord Grandison's Papers after his removal for on the Eighteenth of June the King sent them a Letter to restore the Papers to that Lord's Servants and another Letter of the Twenty fourth of October was sent to the new Deputy to pay the Lord Grandison 230 l. for the Charges of his Voyage to England And on the 24th of July the King reciting That by a former Patent of the Second of November 1620. he had granted unto Sir William Irwing Two third parts of the forfeited Recognizances of Alehouse-keepers which his Majesty did intend to resume he therefore orders the Lords Justices to accept of Sir William's Surrender and in lieu thereof and for his Services to grant him the Fifth part of all the Profit of Ale-Licences for Twenty one Years commencing from the making of the Act of State for paying Three shillings six pence for every Licence But these Commissioners that went to Ireland were very busie in inquiring into the Misgovernment that was so loudly and bitterly complain'd of but they found by experience Rushw 17â— that too many of the Irish will complain without Cause However they publish'd new Instructions in print for the more orderly Government of the Courts of Justice and did declare That for the future the Council-Table should not administer an Oath in Matters of Interest or Title or in Complaints between Party and Party but should keep it self within its proper Bounds and afterwards November 7. 1625. a Proclamation was published to the same Effect These Commissioners did also make an Estimate of the Revenue and thought that it might be improved to 17067 l. 6 s. 8 d. more than it was in Harps i.e. Nine-pence pieces stamped with a Harp on one side which passed for a Shilling in Ireland so that Twenty shillings Irish was but Fifteen shillings Sterling but how much they were mistaken in their Computation will appear by a Table of their Estimate and an Account how the Revenue stood Anno 1632. 1622. 1632. First They supposed that the Officers of the Presidency might be paid out of the Profits of their respective Courts and so there would be saved per Annum 2657 l. 6 s. 8 d. But the Profits of those Courts do not amount to near that Sum and whatever they
of March 1625 having in his Life-time created the Irish Nobility hereafter mentioned viz. February 23d 1603. Rory O Donell Earl of Tyrconnel February 23d 1615. Sir Arthur Chichester Baron of Belfast since Earl of Donegal July 14th 1616. Brabazon Baron of Ardee since Earl of Meath September 29th 1616. Sir Richard Boyle Baron of Yough-hall afterwards Earl of Corke May 25th 1617. Ridgeway Baron of Galenridgeway since Earl of London-Derry July 20th 1617. Moor Baron of Melefont since Earl of Drogheda Septemâ—er 6th 1617. Touchet Earl of Castlehaven and Baron Orior February 17th 1617. Lambert Baron of Cavan since Earl of Cavan Ibid. Bourk Baron of Brittas May 8th 1618. Hamilton Baron of Strabane January 31st 1618. Blunt Baron Mountjoy Ex. June 29th 1619. Mac Donald Viscount Dunlucâ— since Earl and Marquess of Antrim February 19th 1619. Sir Richard Wingfeild Viscount Powerscourt July 1620. Preston Earl of Desmond Viscount Dunmore Ex. May 1621. Dockwray Baron of Culmore Ex. Ibid. Blany Baron of Monaghan March 1st 1621. Henry Power Viscount Valentia Ex. Theo. Butler Viscount Tullagh THE REIGN OF CHARLES I. KING OF England Scotland France AND IRELAND CHARLES the only surviving Son of the Deceased King James 1625. by undoubted Right succeeded his Father in all his Dominions on the 27th day of March 1625 and was accordingly Proclaimed the same day and on the 23d day of June following he was Crowned at the Abby of Westminster with great Solemnity and as to Ireland HENRY Viscount FALKLAND was continued Lord Deputy and other inferior Officers likewise were confirmed in their respective Places but the Affairs of England being not a little out of Order the Irish took advantage thereof to be very high and insolent at home to which they were much encouraged by the Bull of Urban the 8th of the 30th of May 1626. to the English Catholicks exhorting them rather to loose their Lives then to take Noxium illud illicitum Anglicanae fidelitatis Juramentum 1626. quo non Solum id agitur ut fides Regi servetur P. W. Remonstrance 11. sed ut sacrum Universae Ecclesiae sceptrum eripatur Vicariis Dei Omnipotentis that pernicious and uâ—lawful Oath of Allegiance of England which his Predecessor of happy Memory Paul 5th had condemned as such Hereupon it was found necessary to increase the Army to the number of Five thousand Foot and Five hundred Horse the Charge whereof amounted unto 64240 l. 1 s. 2 d. which was more then the Kings Revenue out of which the Civil List was nevertheless to be paid so that it was necessary to find out some other Bund for the support of the Army and until that could be done the Lord Deputy and Council on the 14th of September by their Letters did recommend several Troops and Companies of the Army to the Counties and Towns of the Kingdom to be maintained for three Months and so from three Months to three Months until the last day of March 1628 and this whole Charge or Incumbrance on the Countrey was estimated at 36951 l. 6 s. 7 d. ½ and in the King's Letter of the 22d of September 1626. to raise this Army and that the Countrey should maintain it with Money Cloaths and Victuals his Majesty promises in lieu thereof to Grant certain Graces to the Countrey and particularly to suspend the Composition But the Gentlemen that were Agents from Ireland did to ease the Kingdom from that oppression offer to pay 40000 l. a Year for three Years in the nature of three Subsidies and to pay it quarterly from the first of April 1628. which was accepted of and the same was Paid accordingly until the first day of October 1629. On the 16th of May 1626. 1626. The King reciting a Complaint of Sir Samuel Smith's against the Lord Chancellor and that there was difference between the Lord Deputy and Chancellor 1. Because the Chancellor refused to Seal some Patents offered to him 2. Because he denied to appoint Judges for Circuits when thereunto required by the Deputy 3. Because he refused to appoint Justices of Peace at the Lord Deputies Nomination and made one Justice of the Peace against his Express prohibition to which the Lord Chancellor made Answer That in the first Case there was matter of Equity Convenience of State and Question in Law unresolved and that in the sesond Case he had directions in the time of King James and that in the third Case it was the Priviledge and Jurisdiction of his place Therefore the King orders That the Chancellor bear fitting respect to the Lord Deputy who is his Majesties Representative and as to the Matters in Debate if the Chancellor refuse to Seal any Patent in question for Reasons of State that the Cause be debated in Council and if then they think it fit and the Chancellor still refuses till he has appeal'd to his Majesty as he may it shall be at his Peril if the State suffer by his delay if the Question be in Law that the Judges decide it and if the Chancellor be not satisfied therewith he ought to appeal to the King for farther Directions and particularly about the Patent for Tanning Leather As to the Second if the Chancellor will not appoint Judges as the Lord Deputy desires that then it be refer'd to the Council-board and their Sentence be definitive as to that And as to the Third the Chancellor will not refuse to make any Man a Justice of the Peace recommended by the Lord Deputy if he does that then the Order of the Council-Table shall govern that Matter and in all these Cases it becomes the Chancellor to repair to the Deputy and acquaint him with his Reasons whenever he refuses And as for Sir Samuel Smith's Complaint his Case was that he had the sole Nomination of those that should be Licensed to Sell Aquavitae and did set that Priviledge to one Miagh for the County of Cork the King appoints the Chief Justice Chief Baron and Sir John King to Arbitrate that Matter and to make Reparation to Miagh whose Patent must be called in because he is an infamous Person and unfit for that Trust and a new Patent for that County must be Granted to whom Sir Samuel Smith shall name In the same Month of May the King sent an Order to the Lord Deputy to make a Lord High Steward c. for the Tryal of the Lord of Dunboyn by his Peers upon an Indictment found against him in the County of Typerary for killing a Man and in January after the Earl of Marleburgh Duke of Buckingham and the Lords of Pembrook Dorset Grandison Conway and Carlton and Sir Richard Weston were made Commissioners or rather a Committee for Irish Affairs And on the Eighth of February Edward Brabazon Baron of Ardee was ordered to be Earl of Catherlogh but for what Reasons I know not he had not that Title but was afterwards made Earl of Meath And on the Second of March his Majesty sent an Order
for Sir William Saintleger to be Lord President of Munster And on the Fifteenth of March he ordered the Vice-Treasurer to pay what the Lord Deputy and Eight Privy-Counsellors should think fit for the Charges of the Lord Deputy's Progress On the Ninth of May 1627. upon Complaint of the Lord Courcy That Sir Dominick Sarsfeild had obtained the Title of Viscount Kinsale it was referred to the Lord president of the Council the Steward of the Houshold Earl of Totness Viscount Grandison and Chancellor of the Dutchy who report That the Lord Courcy and his Ancestors were Lords Courcy and Barons of Kinsale and Ringrone And thereupon the Defendant endeavor'd to carry the Barony to another Line and also alledged an Attainder but made out neither and then he propos'd That both Titles were consistent one to be Baron and the other to be Viscount of Kinsale But that being not thought convenient his Majesty orders That Sir Dominick quit the Title of Kinsale but retain the Name and Precedency of Viscount Sarsfeild and chuse some other Place to denominate his Honour and afterwards he did so and was created Viscount Killmallock And on the 24th of July the King orders That Nathaniel Catlin his second Serjeant at Law should have Precedence of the Attorney-General and Sollicitor-General and in February following his Majesty likewise gave Orders to make a new Examinator for the Court of Chancery there being but one Examinator in that Court before that time But in order to make the Papists the more willing to bear the great Charge of the Army and to consent to a constant Tax for its Support certain Propositions were set on foot in their favour viz. to suspend all Proceedings against them for Marriages and Christnings by Priests and to give them liberty of Suing out Liveries and Ouster le mains without taking the Oath of Supremacy with design to introduce a more Publick Toleration of Religion for which a good Sum of Money should be paid to his Majesty to maintain the Army to which end a Great Assembly of the Nation was Convok'd by the Lord Deputy But the Protestant Archbishops and Bishops abhorring this gross and scandalous Proposal did on the 26th day of November 1626. at the Lord Primate's House unanimously vote and subscribe the following Protestation viz. The Judgment of divers of the Archbishops and Bishops of Ireland Life of Archb. concerning Toleration of Religion Vsher 28. THe Religion of the Papists is Superstitious and Idolatrous their Faith and Doctrine Erroneous and Heretical their Church in respect of both Apostatical To give them therefore a Toleration or to consent that they may freely exercise their Religion and profess their Faith and Doctrine is a grievous Sin and that in two Respects For First It is to make our selves accessory not only to their Superstitions Idolatries and Heresies and in a word to all the Abominations of Popery but also which is a Consequent of the former to the Perdition of the seduced People which perish in the Deluge of the Catholick Apostacy Secondly To grant them a Toleration in respect of any Money to be given or Contribution to be made by them is to set Religion to sale and with it the Souls of the People whom Christ our Saviour hath redeemed with his most precious Blood And as it is a great Sin so it is also a Matter of most dangerous consequence the Consideration whereof we commit to the Wise and Judicious beseeching the God of Truth to make them who are in Authority zealous of God's Glory and of the Advancement of True Religion zealous resolute and couragious against all Popery Superstition and Idolatry Amen Ja. Armachanus Mal. Casellen Anth. Medensis Tho. Ferns Leghlin Ro. Dunensis Georg. Derensis Richard Cork c. Andr. Alachadens Tho. Kilmore Ardagh Theo. Dromore Mic. Waterford Lismore Fra. Limerick This zealous Protestation of the Bishops against Popery which Downham Bishop of Derry read to the State in the midst of his Sermon at Christchurch on the 23th day of April 1627. drew on a Remonstrance from the House of Commons in England to his Majesty to this effect That the Popish Religion was publickly profest in every Part of Ireland and that Monasteries and Nunneries were thsre newly erected and replenished with Votaries of both Sexes which would be of evil Consequence unless seasonably repress'd These two extraordinary Actions put a stop to any farther Endeavors for the publick Exercise of Popery at that time Nevertheless because the Irish Agents in England did consent to the payment of 120000 l. in three Year it was thought reasonable that the King should signifie his Gracious Acceptance thereof by conferring some extraordinary Favours on the Agents and Contributors And therefore the King did on the 24th day of May not only grant them the following Graces which were transmitted to Ireland by way of Instructions to the Lord Deputy and Council but also sent with it a Letter recommending the Lord of Killeen and the Lord Poer and the rest of the Irish Agents to the Lord Deputy's Favour desiring that he would order such Moneys to be paid them by the Country as they were promis'd for their Agency and that he should issue necessary Warrants and Directions for levying the same Instructions to be observed by Our Right Trusty and Well-beloved Cousin and Counsellor Henry Lord Viscount Falkland Our Deputy-General of Our-Realm of Ireland and by Our Council there and by the Deputy or other Chief Governor or Governors and Council there which hereafter for the time shall be and by all other Our Officers and Ministers whom it may severally or respectively concern I. AT the humble Requests presented unto Us on the behalf of Our Subjects of Ireland upon mature Consideration had thereof and by the Advice of Our Privy-Council We are graciously pleased in the first place to order and direct for the better Preservation and Ease of our said Subjects that Our Soldiers there be called in and limited to the most Serviceable Garrisons and that they be not called from thence upon any Pretence but against the Enemy or Rebel that makes Head II. For the Collection of Our Rents in case of Default That first a Summons Process shall issue Secondly That a Purâ—uivant be sent and Lastly If this be not sufficient in case the Sum be of value that then Our Vice-Treasurer by Warrant from Our Deputy and Council shall appoint a competent Number of Soldiers of the next adjoyning Garison to collect Our said Rents at the Charge of the Parties complained of having care that any Man be not burdened with a greater number of Soldiers than the Service shall necessarily require III. And when Necessity requires the Marching of Our said Soldiers against the Enemy or Rebel That the Officers imploy'd shall give Ready Money or Ticket to be defalked out of their Entertainment and duly paid into the Country upon demand without taking Money Pawns or Distresses but such Meat and
of his Lands granted to any other the Barons of the Exchequer are to discharge the same upon sight of a Certificate That the Outlawry is reverst without any further Plea paying only Five shillings Sterling for entring the Certificate and Discharge LI. No Person is to be compelled to plead to any new Charge upon the Lands in his possession unless any Inquisition or other Matter of Record besides the New Patent appear to charge the Land therewith and the New Charge to be past insuper upon the New Patentee and Process to issue against him and his Lands and not against the other But the Protestants who bore above a third part of the Publick Charge were not a little troubled that they should buy Graces and Immunition for the Irish And on the other side the Papists did not at all â—â—â—der the Protestants part of the Contribution but valued themselves as if they had paid all and ascribed the whole Merlt of that Largess to themselves and upon that and the aforesaid Condescensions made them by the King they grew so insolent and troublesom that the Lord Deputy was necessitated to mortifie them by a Proclamation against the Popish Regular Clergy which issued the First day of April Bishop Vsher's Letters 407. 1629. and imported That the late Intermission of Legal Proceedings against Popish pretended Titulaâ— Archbishops Bishops Abbats Deans Vicars-General Jesuits Friars and others of that sort that derive their pretended Authority and Orders from the See of Rome in contempt of His Majesty's Royal Power and Authority had bred such an extraordinary Insolence and Presumption in them as he was necessitated to charge and command them in His Majesty's Name to forbear the Exercise of their Popish Rites and Ceremonies Hereupon they grew uneasie and complain'd that the Tax was too heavy and at length they gain'd their Point and in stead of 10000 l. Quarterly the Government condescended to take 5000 l. per Quarter from the First of October 1629. until the rest of the aforesaid 120000 l. should be paid But the Proclamation against the Popish Regular Clergy was baffled and ridiculed every where It was read in Drogheda by a drunken Soldier in such a ridiculous manner that it seemed like a May-game and was rather Sport than Terror to the Auditors It was so despised and contemned by the Popish Clergy that they nevertheless exercised full Jurisdiction Bishop Vsher's Letters 423. even to Excommunication and they not only proceeded in Building Abbies and Monasteries but had the confidence to erect an University at Dublin in the Face of the Government which it seems thought it self limited in this Matter by Instructions from England Nor was the Beauty of the Protestant Church sullied by its avowed Enemies only Bishop Bedel's Life 44. it was more defaced by its pretended Friends and Members Things Sacred were exposed to â—ale in a most sordid and scandalous manner Parsonages and Episcopal Sees were impoverished and their Revenues were alienated and incumbred to that degree that both the Bishopricks of Kilmore and Ardagh were not sufficient to support a Bishop that would not use indirect Means to get Money and the Churches were generally out of Repair Nevertheless Complaints were made by the Irish against the Lord-Deputy for Mal-Administration of the Government and though the Earl of Strafford his Successor Rushw 160. has assured us that this Lord-Deputy proceeded as honourably justly and nobly as any Man could do and though the Council did on the 28th of April 1629. write a kind and true Letter in the Vindication of his Innocence yet he was soon after removed and ADAM LOFTUS Viscount ELY Lord Chancellor And RICHARD Earl of CORKE 1629. Lord High Treasurer were Sworn Lords Justices on the 26th day of October and were allowed by the King One hundred pounds apiece every Kalendar Month They immediately directed that the Papists should be prosecuted for not coming to Church and accordingly the Statute of 2 Eliz. was given in charge at the Assizes but by Directions from England that Prosecution was superseded Nevertheless these Lords Justices 1630. being exceeding zealous against Popery caused St. Patrick's Purgatory in a small Island called Ilan de Purgadory in Logh Dirge in the County of Donegall to be digged up and thereby discovered that notorious Cheat to the World to the great loss and disgrace of the Popish Clergy who made vast Advantages of that ridiculous Sham. But there are a restless sort of Men in the World who are not to be daunted or put out of Countenance by any mischance whatsoever and therefore notwithstanding the aforesaid disaster and although the Popish Clergy were so debauched and ignorant that the bitterest Sarcasm that ever was put upon the Protestants was by an Irish-man Bishop Bedel's Life 76. who said That the King's Priests were as bad as the Pope's Priests yet did this unquiet Generation begin to rant it again in Ireland to that degree that a Priest being seized in Dublin was rescued by the People so that by their Insolencies they put a Necessity upon the Lords Justices to humble them Whitlock's Memoirs 15. and by Direction from the Council of England to seize upon 15 of their new Religious Houses to the King 's Use and their principal House in Back-lane in Dublin was Anno 1632 disposed of to the University of Dublin who placed therein a Rector and Scholars and maintained a weekly Lecture there which the Lords Justices often countenanced with their presence but afterwards in the Lord Strafford's time the House was disposed of to the former Use and became a Mass-house again In the Year 1631 the Earl of Castlehaven was tryed 1631. condemn'd and Beheaded in England Whitlock's Memoirs 16. for strange and prodigious Crimes not fit to be particularized or related of so Ancient and Noble a Family And this Year the King taking Notice of the increase of Popery in Ireland sent a Gracious Letter of Admonition to the Bishop of Armagh Bishop Vsher's Life p. 38. to be communicated to the rest of the Bishops thereby exhorting them to the careful Exercise of their Duty and to avoid all Abuses in disposing of Benefices And in the Year 1632 the aforesaid Subsidies or extraordinary Contribution being determined the Countrey finding the necessity of paying the Army to prevent their paying themselves did consent to continue the levying of Twenty Thousand Pounds per Annum quarterly for two Years more But the Irish valuing themselves upon this Bounty and thinking the Army could not he supported without their Contribution began to be very unruly again and though the Broils they made were soon appeased yet it was thought necessary to send over the new Lord-Deputy Wentworth and accordingly Conveniencies were prepared for him both in Ireland and England For on the Tenth of April 1632. 1632. he obtain'd an Order for making a new Great Seal new Signet and new Seals for all the Courts and on
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
Name of THE CASE OF TENURES and was excellently reported in Print by Baron Barry afterwards Lord Chief Justice of Ireland and Baron of Sautry This Grand Inquisition was counted so great a Master-piece of the Lord Deputies and so beneficial to the King and advantagious to the English Interest That some Persons who went to England to complain of it were there not only discountenanced but imprison'd and afterwards sent back to be dealt by as the Lord Deputy should think fit which it seems produced their Submission And not long after the Lord Deputy having first received Orders to Grant the Impropriations belonging to the King to the use of the Clergy and to Grant to Trinity Colledge near Dublin Lands equal in value to the Pension they had from the Crown of 388 l. 15 s. per Annum went to England to give his Majesty a Triumphant Account of his glorious Successes in Ireland which he performed to Admiration First to the King in a private Audience and afterwards publickly at the Council-board He there told the King and Council That he had found the Irish Exchequer of Paper but he had made it of Treasure and that he had not only improv'd the Patrimony of the Church of Ireland but had also brought it to be Conformable to that of England both in Doctrine and Government by the Acceptance of the Thirty Nine Articles there That before his going to Ireland the Lord Justices wrote That the Expence exceeded the Income 24000 l. per Annum and they had no ways to raise it but by the Levying Nine pence a Sunday on Papists for not coming to Church but that now it was far otherwise without that Persecution And he advis'd That the Army should rather be encreased than diminshed it being an excellent Minister and Assistant in Execution of the Kings Writs and the great Peace-maker between the British and the Natives and the best security of past and future Plantations That by the Statutes of Wills and Uses there will more advantage arise to the Crown of England than by the six Subsidies because thereby the insant Heirs of all great Families in the Kingdom will unavoidably come under the Guardianship of the King whereby they will be bred Protestants and of what Consequence this Superintendency is doth in part appear in the Person of the Earl of Ormond formerly the Kings Ward who if bred under the Wing of his own Parents had been of the same Affections and Religion with his other Brothers and Sisters whereas he is now a firm Protestant and like to prove a great and able Servant to the Crown and a great Assistant as well in inviting others to be of his Religion as in the Civil Government it being certain That no People are more apt to be of the Religion of their great Lords than the Irish are That by the Statute of fraudulent Conveyances the Irish are prevented in their cunning Disigns by secret and sleeping Conveyancies so that the King will have his Forfeitures and Wardships and the English be encouraged to purchase of them That before his time the Pirates infested the very Harbours and a Ship was fired by them in the Port of Dublin in sight of his Majesties Castle and the Pirates were robbing the Ship two days together without opposition the Reason was because our Sea-guard for want of Money did not come till August before which time the mischief was done but now they are well Paid and come in March and that now the Exportation is double to what is imported into the Kingdom That he discourag'd Woollen and encourag'd the Linen Manufacture and had sow'd 1000 l. worth of Holland-Flax Seed and set up six or seven Looms and doubts not Success because the Irish can under-sell France or Holland Twenty per Cent. And then he laments That the English of Ireland are treated as Aliens First In the Imposition of 4 s. per Tun on Coal Secondly In the Prohibition to transport Horses or Mares hence without excessive Custom Thirdly In the Imposition of 3 s. and 4 d. per Head for every live Beast exported thence and afterwards he procur'd a Privy Seal to supersede these pro tempore Lastly That tho' he was represented more like a Basha of Buda than the Minister of a Pious Christian King yet severity was not natural to him but assumed because it was necessary for the Restoration of a Despoyled Crown Church and People from the Claws of those that had been used to the Paths of an uncontroled Liberty and Oppression But to proceed ADAM LOFTUS Viscount ELY 1636. Sir CHRISTOPHER WANDESFORD Master of the Rolls were Sworn Lords Justices on the 3d. day of July 1636. and immediately some Fryars notwithstanding the former Proclamation had a publick Meeting and passed unpunish'd for the Lord Deputy wrote over That he held it not convenient to rub upon that Sore till they were provided for a thorough Cure These Lords Justices had Orders to call upon Corporations for a return of their pretended Priviledges to issue Money to finish the Fort of Galway to suspend the Lord Courcyes Pension to quicken the Admeasurement in Conaught and not to let any Soldiers be Transported But on the 23d of November THOMAS Viscount WENTWORTH returned Lord Deputy and then the aforesaid Case of Tenures was argued but the Judgment That the Letters Patent were void Husbands Collections 2 Part 245. did so Alarm the whole Nation that it was found necessary to delay the Execution for a time and afterwards Anno 1640. on private Conference with the Irish Committee then in England for it was not made an Article amongst the Grievances publickly complain'd of the King quitted the benefit and advantage thereof and so the vast Expence of this Grand Office and Inquisition which amounted to at least 10000 l. was in effect lost and this terrifying Bug-bear did not add one Acre to the Possessions of the Crown nor one English Plantation to the Kingdom as was at first design'd In the Year 1636 1636. John Atherton was preferred to the Bishoprick of Waterford and Lismore by a Symoniacal Contrivance as was believed says the Writer of Bishop Bedells Life pag. 144. but that is not probable because that Bishoprick was then so Poor that it was too small a Temptation to so great a Sin it is more likely that being a bustling Man of active Parts and a bold Spirit he was thought a fit Instrument of State to promote some Designs that were then on Foot and as proper for the Recovery of the ancient Possessions of his See as any Body that could be pitcht upon and accordingly we find him a fierce Adversary to the Earl of Cork and a severe Prosecutor of the Bishop of Killalla which last nevertheless lived to be his Successor And tho' Atherton did answer the Expectation of his Benefactors for a time yet his Tragical end by the hands of the Common Executioner on the 5th of December 1640. for a Crime
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
hurt his Kinsman had given the Lord Deputies Foot Perhaps it was done in revenge of that Affront my Lord Deputy did me publickly but I have a Brother would not have taken such a Revenge and the like Sentence was given against Thomas Dennit who was executed thereupon To this the Earl Answers That he was General of the Army and had Power of Martial Law which is usual in Ireland and the Lord Mountnorris was an Officer in the standing Army and by those mutinous Words had transgressed the Thirteenth and the Twenty first Articles of War That he was not a Judge of it but the Council of War were the Judges that the Lord Mountnorris suffered nothing but a short Imprisonment and was told at that time by the Earl that he should not suffer according to the Sentence and as for Dennit he had stoln a quarter of Beef and also ran away from his Colours which is Felony in Ireland and it was at a time when a Regiment was imbarking for England The Sixth Article is That on a Paper Petition without legal Proceedings he caus'd the Lord Mountnorris to be dispossessed of Land that he had enjoy'd quietly Eighteen years To this the Earl says That that sort of Proceeding was usual in Ireland and he had a positive Order for it except in special Cases by the King's Letter 5th October 9 Car. 1. that Three of the Judges assisted him in the Tryal and that the Judgment was very just The Eight Article was That he imprison'd the Lord Chancellor Loftus for not obeying his Decree on a Paper Petition and also imprison'd him for not giving up the Great Seal and also imprison'd the Earl of Kildare for not submitting his Title to Castle-Ley to the Lord Deputies Pleasure and that contrary to the Major Vote of the Council He caused an Order of Council-board to be made against the Widow Hibbott and threatened to Fine her so high if she had disobeyed it that she was thereby forced to quit her Lands which are since conveyed to the use of the Earl but it seems the Imprisonment of the Lord Chancellor and the Earl of Kildare was by the Kings Order and so the Managers insisted only on that of Hibbotts To which the Earl Answer'd That it was a Case of Fraud and Oppression and that the Council-board in Ireland had Jurisdiction in such Cases and that the Major Vote was against her and denies the Lands were conveyed to his use The Ninth Article was That he gave Warrants to the Bishop of Down and Connor and others of their Officers to Arrest and Imprison such of the poorer sort as refuse to appear upon their Summons or disobey their Sentences until they give security to shew cause at the Council-Table for such Contempt To which he Answers That such Warrants were formerly used and even at the desire of the Papists to save the Charge of the Writ de Excommunicato capiendo that he never Granted but this one and finding it abus'd he soon call'd it in again The Tenth Article was That he procured the Customs to be Farmed to his own use and advanced the Book of Rates on Native Commodities to excessive Prizes as every Hide at 20 s. a Stone of Wooll at 13 s. 4 d. c. whereby the Custom that should be but the 20th became the Third or Fourth part of the true value of the Commodity and there is a Clause in the Grant That it should be good tho' an Act of Parliament should be made against it To this the Earl Answers That the Book of Rates was advanced before his Farm that it was so moderate that the King sent a Letter 1637. to raise it higher which he oppos'd that he was drawn into the Farm by the Kings Command and the Lord Portlands importunity and that the King had â— of the Profit of it and that Trade is exceedingly increased since his coming to the Government And the Matter of Fact prov'd to be thus the Customs of Ireland were 16 Jac. 1. demised to the Duke of Buckingham for Ten years at 6000 l. per Annum and half the clear Prohts above the Rent which half Communibus annis amounted to 3700 l. per Annum so in effect the Duke paid 9700 l. per Annum but he had allowance for several Desalcations as 1400 l. per Annum in lieu of the Customs of Wines which were Leased to the Earl of Carlisle at that Rent and the Customs of Derry Colerain Knockfergus and Strangford are reserv'd to the King On the 24th of March in the Seventh Year of King Charles I. The Customs were set to the Dutchess of Buckingham for 20000 l. Fine and 11050 l. per Annum Rent and Derry c. are included and the Lord of Carlisles Lease was surrendered to the King the 21st day of the same Month and then the new Book of Rates was made And on the 21st of April following viz. 8 Car. 1. The Dutchess of Buckingham's Lease being surrendred a new one was made to Lord Straffard and Partners for 8000 l. Fine and 15500 l. per Annum And they manag'd it so well that this branch of the Revenue yielded them as followeth viz. Anno. 1636 39936 1637 38889 1638 57380 1639 55582. The Eleventh Article was For restraining Transportation of Pipe-staves c. without Licence But that Article was waved by the Managers The Twelfth was That he Monopoliz'd the whole Trade of Tobacco by his Proclamation that none should be imported without his Licence and another Proclamation that none should be Sold by Wholesale unless it were made up in Rolls Seal'd at both ends with a Seal appointed by him and that divers were Pillory'd Whipt Fined Imprison'd c. for transgressing that Proclamation And whilst he raised the Impost on other Goods he reduced that on Tobacco from 6d to 3d. per Pound whereby he got 100000 l. per Annum And that he raised several other Monopolies on Starch Iron-Pots Glasses Tobacco-pipes c. To which he Answers That 6th June 13 Jac. 1. the King granted the Impost on Tobacco being 18 d. per Pound to William Massam and John Pit for Seven year at 10 l. per Annum and 8th February 19 Jac. 1. it was let to Mr. Lyne for Twenty one years at 20 l. per Annum that upon the Commons advice in Parliament that Lease was bought in and on 18th of July 12 Car. 1. the King Orders the Lord Deputy to assume the Pre-emption of Tobacco c. to advance the Revenue and this Letter is the ground of the first Proclamation which in this Matter followed the Example of England and the Second Proclamation is in effect but the Duplicate of the Proclamation in England of the 14th of March 13 Car. 1. mutatis mutandis that hereupon the 7th of November 1637. He contracted with Mr. Carpenter c. for the sole Importation of Tobacco for Eleven years at 5000 l. per Annum for the first Five years and 6000 l. per Annum
the last Six years over and above 3 d. per Pound Impost and that he had the Consent of the principal of the Council and the Approbation of his Majesty who consented to an Act of Parliament for the Confirmation of it that the Council Sign'd the Proclamations and if any were Pillory'd Whipt c. it was for Perjury or like Crimes and the Fines were only in terrorem little of them being Levied and concludes that he is no Gainer by that Monopoly The Thirteenth Article was That he also Monopoliz'd all the Flax of the Kingdom by his Proclamations of 31st May 12 Car. 1. and 31st January in the same year prescribing and enjoyning Rules and Methods of making Yarn and Thread which the unskilful Natives could not Practise and ordering all Linen Yarn and Thread made in any other manner to be seized which was accordingly executed with Severity whereby multitudes were undone and many Starved To which he Answers That what he did was to incourage the Linen Manufacture in Ireland and to â—â—â—ing the Irish to a more Artificial way of making Linen Yarn Thread and Cloth that the Council concurr'd in the Proclamations which are Temporary Laws in Ireland and that he was a Loser of 3000 l. by this Project for the Good of that Country that the evil Consequences if any were Collateral and Accidental and that the misdemeanors of inferior Officers could not be Charged on him That he never used more than 400 l. worth of Yarn in a Year which could not undoe much less Starve such multitudes as they pretend The Fourteenth was That he impos'd a new Oath to make true Invoyce c. on Masters of Ships c. but the Managers declin'd this Article The Fifteenth was That he Arbitrarily impos'd Illegal Taxes on the Towns of Bandonbridge Baltimore Tallow c. and Cessed Souldiers on them till they paid them and by force of Arms expell'd Richard Butler from Castlecumber and imprison'd several of the O Brenans and their Wives and Children until they surrendred and releas'd their Rights and Estates To this the Earl Answers That when the Country granted the King 120000 l. in Nature of a Subsidy it was agreed between the Lord Deputy Falkland and Them that it should not be entered upon Record but be Levied by Captains by Paper Assignments by Warrant from the Lord Deputy and so it was done and the Money levied on Bandon c. was Arrears of that Contribution and it was levied without Force and that Castlecumber was Legally evicted and what Soldiers were sent there being but twelve were sent to Guard Mr. Wandesford's House against Tories but used no Force to Mr. Butler or any quiet Subject and that it was usual in Ireland to lay Soldiers on Delinquents The Sixteenth Article That he procured his Majesties Order 17th February 1631. that no Complaint should be received in England about Irish Affairs until it were first made in Ireland to the Lord Deputy and that by Proclamation of the 17th of September 11 Car. 1. All Persons that had Estate or Office in Ireland except such as had imployment in his Majesties Service in England or attended there by his special Command should reside in Ireland and not depart without Licence whereby People are hindred from complaining against the said Earl And One Parry hath been punish'd for so doing To this he Answers That it was by him and the Council conceived fit to prevent unnecessary Clamours here but that he never denied Licence except to the Lords of Cork Mountnorris and Roch because there were Suits against them in the Castlechamber and to Sir Frederick Hamilton by the Kings Command which was taken off when he knew the Design of his Voyage was to complain against him and to Lord Esmond for a short time because he was Major General of the Army and he saith that Parry was punish'd for other Misdemeanors by the Consent of the whole Council The Nineteenth was Rushw 494. That by Proclamation of May 20. 1639. he imposed a New Oath viz. I N. do faithfully swear profess and promise That I will honor and obey my Sovereign Lord King CHARLES and will bear Faith and true Allegiance to Him and will defend and maintain His Regal Power and Authority and that I will not bear Arms nor do any Rebellious or Hostile Act against him or protest against any his Royal Commands but submit my self in all due Obedience hereunto And that I will not enter into any Covenant Oath or Bond of mutual Defence or Assistance against all sorts of Persons whatsoever or into any Oath Covenant or mutual Defence or Assistance against any Person whatsoever by force without His Majesty's Sovereign and Regal Authority And I do renounce all Covenants contrary to what I have sworn and promised So help me God in Christ Jesus And that he grievously fined those that refused to take it and particularly Henry Stewart and his Wife were fined 5000 l. apiece and their two Daughters and James Gray Three thousand Pounds apiece and imprison'd them for not paying it and explain'd the Oath to oblige in point of Allegiance to the Ceremonies and Government of the Church establish'd and to be establish'd by His Majesty's Authority and that he would prosecute to the Blood such as should disobey c. whereby many were undone and more fled the Kingdom and that he said If he return'd again he would root out Stock and Branch of the Dissenting Scots To this he answers That it was in a dangerous Time and for the Security of the Kingdom and upon their own Petition and that he had His Majesty's Orders for it dated 16 January 1638. That as to the Fine of Stewart c. it was setled before it came to his Vote so that he did but concur with the rest and that he did not speak against the Scotish Nation but against the Scotch Faction of the Covenanters The Twenty second Article was That he procured the Irish Parliament to declare their Assistance in a War against the Scots and gave Directions for Raising Eight thousand Foot and One thousand Horse which were most Papists and confederated with Sir George Ratcliff to employ that Army to Invade England and subvert the Fundamental Laws and Establish'd Government thereof To this he answers That he rais'd that Army by His Majesty's Order and denies any other Design than to assist and serve the King as they ought There was also some mention made about one Trueman who was executed for a Plot to betray Carigfergus to the Scots touching whom Sir John Clotworthy made this Deposition That Trueman was an Englishman that dwelt not far from Carigfergus and one that was sent about the Country but by whom he knows not but there were vehement Suspicions that he was employ'd to find out those that would engage in Discourse concerning the Scotch Business He spake with one Captain Giles who feigned himself a great Friend of the Scotish Nation and said That he
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
and the Measures of the Rebellion were concerted and setled there tho it seems by the Lord Macguir's Examination that the Day was appointed at Loghross But as the Lords Justices and Council in their Letter express it none of the former Rebellions could parallel this either in the dangerous Original the unexampled Cruelty and extreme Hatred to the British Nation in the barbarous Progress or in the terrible Consequences aimed at therein being no less than to wrest from His Majesty His Scepter and Sovereignty to destroy and root out the British and Protestants and every Species of English out of the Kingdom to suppress God's Truth and set up Idolatry in the stead of it and finally to Invade the Realm of England And in another Letter they affirm That the barbarous and execrable Cruelty of the Irish exceeded any that ever was exercis'd by Turks or Infldels against Christians And even the Earl of Castlehaven Memoirs 25. P. W. Remonstrance 594. tho' a Papist and Peter Walsh tho' a Franciscan Friar do confess That the barbarous Design of this bloody Conspiracy was no less than to extirpate the Protestants and totally to root them out of that Kingdom And they intended to effect this by the most inhuman Methods Declaration of Parliament 21. viz. a General Massacre and Universal Plundring Nor did they come much short of attaining their End Dr. Maxwell's Examination for in the first Three Months of this Rebellion they murdered and otherwise destroyed One hundred fifty four thousand Protestants Lord Justices Letter of 16 March 42. Men Women and Children as the Priests themselves computed it and as one of their own Writers by way of ostentation hath published Bishop Bedell's Life 179. And without doubt Temple 16. no Nation can parallel the horrid Cruelties and abominable Murders without Number or Mercy committed on the British throughout the Land without distinction of Quality Sex or Age Memoirs Epist 1. and certainly it was bad enough when the Earl of Castlehaven himself confesseth That all the Water in the Sea cannot wash away the Guilt of the Rebels the Rebellion being begun most bloodily in a Time of Peace and without Occasion given They destroyed the Soul as well as the Body forcing many weak Christians to turn Papists and then murder'd them whilst they were in the Right Faith See Append. 10. as they said And the cruel Manner of their Torturing the English was more detestable than the Murder it self some being starved till they eat Pieces of their own Flesh broil'd upon Coals and others were used worse At Kilkenny the Lord Mountgarret and the Mayor and Aldermen and Three hundred Citizens in Arms stood by whilst the Protestants were plundered in that City Lord Justices Letter of 14 December And at Longford when the Castle was surrendred upon Quarter the Priest with his Skein in his Hand watched at the Gate till the Minister came forth and then stabbed him into the Guts and ripped up his Belly which Signal was observed by the rest who in like manner murdered all the English of that Garison Men and Women were stript stark naked and in that bitter Winter exposed to the Extremities of Hunger and Cold whereof many thousands died Sucking Children were haled from their Mothers Breasts Remonstrance of Dr. Jones pag. 8 9. and one of them was murdered whilst it was sucking its deceased Mother Nor were Women in Labor used any better One was delivered upon the Gallows another ript up and two Children she went with taken out of her Belly and thrown to the Swine who eat them Burlace 72. and a third the Wife of Mr. Oliphant a Minister being delivered on her Journey in the High-way was nevertheless forced to trot on and draw after her the Child and the Concomitants of so sad an Accident until she died But it would be endless to recount all the Instances of their wanton Cruelty and impossible to frame an Idea in the Mind of the Reader as horrid as their Actions Dr. Maxwell's Examination Appendix 10. which were rendred the more inhuman by the Mirth and Sport they made at the unspeakable Torments and Sufferings of the English And lest some amongst them should have more Bowels of Compassion than the rest Lord Justices and Councils Letter 22 November the Confederates did prohibit to harbour or relieve any Protestant on pain of Death and declared they would not lay down Arms whilst there was the Seed of an Englishman in Ireland And to leave no room for Reconcilation they put to death in Ulster a Messenger sent to them by the State The Motives to this Conspiracy were First The happy Conjuncture for such a Design whilst England and Scotland were embroil'd Secondly The Example of the Scots who had reaped Advantage by their Mutiny and the Irish expected as much at least And Thirdly The Number of able Men ready to enter into this Rebellion which they computed to be Two hundred thousand or more But the Pretences for this Rebellion were exceeding weak and such as manifest that they will rise as often as they get opportunity and in effect do upbraid the English with Stupidity that after so much Experience they should suffer them to be in a Condition to Rebel any more Memoirs 9. and they are briefly these 1. That the Irish were looked upon as a Conquered Nation 2. That the Six Counties in Ulster escheated to the King were disposed for the most part to British 3. That there was a Rumour that Seven Counties more would be seised by the King 4. That the Popish Religion was persecuted in England and they were afraid would be so in Ireland Thus Rumors and Fears tho' without Cause are by the Popish Advocates thought sufficent Justifications of an Irish Rebellion and the Author of the Bleeding Iphigenia assures us Pag. 23. That this War is justified by a Learned Pen and he wonders it should be called a Rebellion as if says he our taking up Arms for our necessary Defence of Lives and Religion against the Protestants our Fellow-Subjects were a Rebellion He argues from the Principle of Self-preservation and the Law in the Case of Homicide se defendendo That it is lawful to make War for Defence of Life or Estate and à fortiori for Religion and concludes That it may be done to prevent a Danger that is foreseen i. e. rumoured or feared And that was the Case of the Papists says he they were necessarily to be destroyed by the Presbyterians and therefore they did wisely to begin first But whoever considers the three Antipathies of Nation Interest and Religion already mentioned will easily find that the true Design of this Universal Rebellion was 1. To destroy the English 2. To regain their Estates And 3. To establish Popery And all other Pretences are without Foundation and vain This horrid Conspiracy was on the Twenty second of October discovered to the Lord Justice
Cessation pretending that they were just then come to hand and that he was sorry they did not come sooner 2. By the like Action in continuing the Siege of Castle Coot after notice of the Cessation as aforesaid 3. By Publishing the Pope's Bull after the Cessation which was an Encouragement to the Rebels to persist in their Rebellion and did seduce others of the Papists that were not then engaged in it 4. By taking 369 Head of Cattel from the Suburbs of Dublin on the 18th of September 5. By seizing on the Black Castle of Wicklow and murdering the Protestants there And 6. In not sending any formed Troops or Regiments to the King's Assistance as they promised to do And lastly In not paying the 30800 l. according to Agreement But if we are curious to know what was done in England in reference to the Affairs of Ireland we may find That on the 5th of May Sir Robert King Mr. Jepson and Mr. Hill waited on His Majesty with a Bill For a speedy Payment of Moneys subscribed towards the Reducing the Rebels in Ireland Husbands 2. Part. 161. which yet remains unpaid which they prayed Him to pass into an Act but His Majesty desired first to be satisfied how the rest of that Money was disposed of and how he should be secured that what is yet unreceived shall not be misemployed and whether it be fit to compel voluntary Subscribers by a greater Penalty than was at first made known to them viz. The loss of what they have already paid and whether the Power given by this new Bill to Warner Towse and Andrews whose Integrity he has no assurance of be not too great and whether Purchasers and Creditors may not be prejudiced by the Extents mentioned in this new Act. And on the 16th of June both Houses issued a Declaration purporting That the Kingdom of Ireland is in a sad condition but that the Papists are in as much want as the Protestants and therefore if the later were well supplied the former would be easily subdued that their Ambition to be independent from England and their inveterate Hatred against the Protestant Religion Ibid. 217. have been the causes of their Barbarousness to the English that they have been assisted by the Catholicks of other Countries And can it be say they that God's Enemies should be more violent and indefatigable for restoring Idolatry in a Kingdom foreign to theirs than we zealous in propugning God's Truth in our own against Barbarous Traytors and Monstrous Idolaters Shall the common Incendiaries of both Kingdoms strip themselves of all they have to accomplish our Destruction by devouring that rich and fruitful Island And shall the good People of this Nation of the same Blood and Religion with them think any thing too dear to redeem them seeing thereby we secure our selves by preventing the Rebels from coming hither We will therefore even in this distracted time assess 200000 l. on the Kingdom of England to be paid in two Years which will give credit for the present Relief of the Starving condition of Ireland and shall be reprized to the several Counties in the nature of the Adventurers for Land in Ireland Therefore we cannot doubt of chearful Submission hereunto since we cannot expect that God should bless us if we be wanting to our distressed Brethren and indeed to our selves for the malice of the Rebels is such that if they can root us out of that Kingdom they will not despair of extirpating us out of this and therefore we recommend all well-affected persons to a liberal Contribution to such a pious and commendable Work And on the 14th of July they issued another Declaration Ibid. 233. for the farther encouragement of Adventurers And on the 25th of July the Parliament publish'd their long Declaration which deduces the Affairs of Ireland historically from the beginning of the King's Reign and concludes that the Irish Rebellion was projected and incited by those Councils then prevalent with the King and that the Queen and her Priests and the Papists of all the three Kingdoms have been principal Actors and Sticklers therein And on the 5th of September they made an Ordinance That no man upon pain of losing his Ship do transport any Person out of Ireland into England without license c. And on the 18th they made an Ordinance for a Collection for the Clergy of Ireland and on the 18th of October they made a Weekly Assessment for the Support of such Forces in Ireland as oppose the Cessation and on the 24th they order That no Irish man or Papist born in Ireland shall have Quarter in England and in November they ordered That the Solemn League and Covenant should be taken in Ireland But the Cessation being confirmed by Patent under the Great Seal the Lieutenant General pursuant to His Majesty 's repeated Orders was busie in sending Forces to the Kings Assistance in England and because the Soldiers were generally very unwilling to fight against their own Country men whilst the Irish Rebels would insult over their distressed Companions and Relations that should be left behind there was an Oath of Fidelity contrived Sâ—e it Burlace 133. which every one of them were forced to take and several Penal Edicts were published against those who should desert or return and so in January the Regiments of Sir Michael Ernly Sir Richard Fleetwood Colonel Monk Colonel Gibson Colonel Warren c. were sent from Leinster as Sir William Saintleger and Colonel Myn were from Munster and though most of the former met with their Destiny at Nantwich and the later at the Siege of Glocester yet the arrival of these and other Forces out of Ireland did influence the Parliament to consent to the Treaty at Uxbridge which nevertheless did not produce that happy effect which all good men desired And little more than this was done in Ireland except Contests about setting out of Quarters and other Executions of the Articles of Cessation which shall be mentioned in each Province apart and the Preparations for the Treaty at Oxford which shall also be taken notice of in our account of that matter until the 21th day of January at which time JAMES Marquis of ORMOND was sworn Lord-Lieutenant at Christchurch in Dublin and took the following Oath Viz. You shall swear That you shall faithfully and truly to your power serve our Sovereign Lord the King's Majesty in the Room and Authority of Lord Lieutenant and Chief Governor of this His Realm of Ireland you shall maintain and defend the Laws of God and the Christian Faith you shall to your power not only keep His Majesty's Peace amongst His People but also maintain His Officers and Ministers in the Execution and Administration of Justice you shall defend His Majesties Castles Garisons Dominions People and Subjects of this Realm and repress His Rebels and Enemies you shall not consent to the Damage and Disherison of His Majesty His Heirs nor Successors neither shall you
respective Lieutenants tho' very unwillingly whereupon Major Jones one of the Agents declined the Voyage rather than remove his Company and so His Majesties Letter of the Twenty seventh of February arriving on the Twenty ninth of March whereby Sir Charles Coot 1644. and Captain Parsons were Licensed to attend His Majesty with the rest of the Agents they had Sealed Letters of Recommendation to Secretary Nicholas and took Ship the Second of April and came to Oxford the Seventh and on the Eighth kissed the Kings hand and presented their Petition which is to be found at large Burlace Appendix pag. 62. setting forth That the Irish Rebellion was raised out of Detestation to his Blessed Government and for rooting out the Protestant Religion and for dispossessing His Majesty of that Kingdom without the least occasion given by His Majesty or his Protestant Subjects c. upon reading whereof the King was pleased to say THAT HE KNEW THE CONTENTS OF THE PETITION WAS TRUTH AND THAT IT COULD NOT BE DENIED and thereupon it was thus indorsed His Majesty being very sensible of the Petitioners Losses and Sufferings is ready to hear relieve them AS THE EXIGENCY OF HIS AFFAIRS WILL PERMIT and wisheth the Petitioners to propose what they think fit in particular for His Majesties information and the Petitioners remedy and future Security The King also told them That the Irish protested upon their Salvations to him that at first the Conspiracy was not General but that those of the Pale were forced into Rebellion by the Governours of Ireland and that if the Parliament had permitted him to go into Ireland when he desired he doubted not but he should soon have suppressed the Rebellion But the Agents to leave nothing undone that might justly advance their Cause did take Notice of the false and Scandalous Remonstrance of the Confederates from Trim as they called it which being Printed by Thomas Burk the Irish Printer at Waterford with His Majesties Arms affixed thereon was now with Ostentation and Insolence published at Oxford and they made so smart an Answer thereunto as was beyound Reply both which Remonstrance and Answer are in Substance recited Appendix 5. and 6. they also together with that Answer 27 April 1644. presented unto the King the Proposals mentioned Appendix 21. These Writings were referr'd by the King to the Committee for Irish Affairs some of which were so disaffected to the Protestants of Ireland that they said The Proposals were drawn by the Close Committee at London and they wonder'd His Majesty would receive such a Mutinous Petition But the Petitioners were Men of Courage and would not be easily daunted 30 April they went next day to the Lord Cottington Chief of the Committee and prayed a Copy of the Irish Proposals He made strange of it as if he knew no such thing and told them That they meant the Irish Remonstrance They replied That was in Print and common and they did not mean It but they meant the Irish Propositions His Lordship told them If any such were it was â—it they should have a Copy but that he knew of no such thing altho' he really was present at the Committee April 19. when those propositions were read and by him and the rest with Charge of inviolable Secresie given to Sir William Stewart and the other Commissioners from the Council Hereupon the Agents address'd themselves to Sir William Stewart and the other Commissioners from the Council of Ireland desiring them to get them Audience from the King before Matters went too far in the Treaty and to obtain a Copy of the Irish Demands To which the next day Sir George Ratcliff return'd answer That they had acquainted the Lords of the Committee with the Desires of the Agents and that they were offended that the Agents should be so forward in prejudicating His Majesty's Justice and Theirs and that they should be heard before the Conclusion of the Treaty The next day being the First of May the Agents were sent for to the Committee and their Instructions and Proposals and the Order of Concurrence of the Irish House of Commons being read the Earl of Bristol told them That the King and the Committee were sensible of the prejudicate Opinion the Agents had of their Justice in pressing to be heard and by their belief of vulgar Reports but that the Agents could not be more careful of the Protestants Persons and Religion than they were The Agents replied That if they had erred in pressing to be heard it proceeded from their Zeal to the Service and for the Preservation of that Remnant of poor Protestants that intrusted them and out of a desire His Majesty and their Lordships might be rightly informed of their past Sufferings and present Calamities and desired to be admitted to Proof of Particulars Hereupon they were ordered to withdraw and being afterwards call'd in again they were commanded to subscribe their Propositions which they did and then were ordered to attend the Primate Usher the Bishop of Downe Sir George Ratcliff c. in the Afternoon which they did and were told by them how offensive the Heighth and Unreasonableness of their Proposals were and that the Committee sent them the Message mentioned Appendix 21 to which they immediately return'd the Answer there likewise recited Hereupon Sir George Ratcliff told them That whilst they continued so high in their Demands they must expect nothing but War They answer'd They were ill provided for it but would rather run the hazard of it than have a dishonorable and destructive Peace and that they could not make farther Alterations in their Proposals without betraying their Trust Sir George replied That if they would abate Three parts of them he was sure the Fourth part would not be granted them That they were sent to preserve the Protestants but that if the Irish Agents return'd without a Peace they would destroy the Remainder of the Protestants since the King was not in a Condition to help them and therefore desired the Agents to think of some way of securing them They answered That there were Five Months of the Cessation unexpir'd within which Time Means of Relief may be found and if not it were better to quit Ireland for a time than to make a destructive Peace Then Sir George asked How the English should get out of Ireland They said By keeping the Irish Agents in England till it is done He replied That he would rather advise the King to lose Ireland than break His Faith with the Irish Agents who came to Treat with Him upon His Word and that it was not likely if the Irish had not good Conditions of Peace that they would forbear Arms till the end of the Cessation On the next day the Agents gave Secretary Nicholas a new Set of Propositions to the same effect with the former only a little more moderate to be presented to the King But on the Seventh of May Sir William Saintleger being come to Oxford told the
Lord George Digby That the Protestant Forces that came from Munster were much dissatisfied that the Protestant Agents from Ireland received so little Countenance His Lordship answered That the greatest Kindness he could do them was to call them Mad-men that he might not call them Roundheads for putting in such mad Proposals And he desired to speak with some of them but they refus'd to come to one that had expressed so much Prejudice against them On the Ninth of May these Agents were ordered to attend the King and Council which they did and His Majesty told them They were sent by His Protestant Subjects to move Him in their behalf and desired to know in what Condition the Protestants of Ireland were to defend themselves if a Peace should not ensue They answered That they humbly conceived they were employed first to prove their Petition and to disprove the scandalous Aspersions which the Rebels have cast upon His Majesty's Government and the Protestants of Ireland The King replied That it needed not any more than to prove the Sun shines when we all see it They answered That they thought His Majesty was not satisfied but that those of the Pale were forced into Rebellion by the Governors The King said That was but an Assertion of the Irish and then He renew'd His former Question about their Condition to resist if a Peace did not ensue The Agents desired time to answer but the King told them He thought they came prepared to declare the Condition of the whole Kingdom and asked them Would they have Peace or no The Agents answered They were bred up in Peace and were not against it so that it might stand with His Majesty's Honor and the Safety of His Protestant Subjects in their Religion Lives Liberties and Fortunes Then the Lord Digby interpos'd and said That the Agents desir'd a Peace Yes says the Duke of Richmond and Earl of Lindsey provided it consists with the King's Honor and the Protestants Safety And I would rather says the King that they should have their Throats cut in War than SUFFER by a Peace of my making but I will take Care the Protestants of Ireland shall be secured And then His Majesty told the Agents they should have a Copy of the Irish Proposals and Liberty to answer them but that they were to consider of Two things First That He was not in a Condition to relieve them with Men Money Ammunition Arms or Victuals And Secondly That He could not allow them to joyn with the New Scots or any others that had taken the Covenant The Protestant Agents having got a Copy of the Irish Propositions did on the Thirteenth of May present to His Majesty a full Answer to them recited at large Appendix 23. This Answer being read the King asked Whether they had answered according to Law and Justice or prudentially with respect to Circumstances The Agents replied That they looked upon the Rebels Propositions as they appeared to them destructive to His Majesty His Laws and Government and His Protestant Subjects of Ireland Whereupon the Earl of Bristol interpos'd and said That if they asked what in Law and Justice was due from the Rebels their Answer was full but that the King expected from them what was prudentially fit to be done seeing the Protestants are not in a Condition to defend themselves and the King will not admit them to joyn with any Covenanters The King also asked What would become of the Protestants if the Irish Agents should break off the Treaty which 't is feared they will do if their Propositions for the most part are not yielded unto To which the Agents replied That the Rebels might be brought to better Terms if they were held to it and that they were assured the Lord Muskery refused to come with limited Instructions but would be at liberty to do as he should see cause Whereupon they were ordered to withdraw But the Protestant Agents hearing that Sir Robert Talbot and Dermond mac Teig O Bryan had left Oxford the Twelfth of May and that the Lord Muskery and the rest departed thence the 22th addressed themselves to Secretary Nicholas to know if His Majesty had further Service for them and thereupon on the Thirtieth of May they kist the King's Hand and were told by His Majesty That he had written to the Marquis of Ormond concerning the Protestants of Ireland and that He would use His best Endeavors for them there as He did for Himself here and said He meant His good Protestant Subjects and not Covenanters or their Adherents And thus Reader you have the Secret of this Great Transaction whereby you will perceive That the Irish Agents filled with the Contemplation of their own Power and the evil Circumstances of His Majesty's Affairs thought that the King would purchase their Assistance at any Rate and therefore insisted upon such exorbitant and unreasonable Demands as would have subverted the Laws and Constitution of the Government and would have rendred the Protestant Religion at most but Tolerated and that it self but poorly and precariously On the other side the English Agents did not fail to chastize this Vanity and to mortifie the Confederates with a Scorn and Contempt both of their Conduct and Courage They represented to the King That the Rebels got more by the Cessation than they could do by the War In fine they press'd the Execution of the Laws and demanded Reparation for Damages sustained during the Rebellion and desir'd that the Irish might be disarm'd and reduced to a Condition of not Rebelling any more The Commissioners from the Council would gladly have moderated these matters but they found there was no trust to be reposed in the Confederates and the Irish would not agree to any other terms than what continued the Power in their own hands so that the English should have no other security of their future Tranquility but the Honour and Promise of the Rebels It was very difficult to reconcile these Jarring and Differing Interests and indeed impossible to do it in England and therefore the Irish Agents who were men of Parts and Address having cunningly insinuated to the King That they believed that their Principals when truly informed of His Majesty's circumstances would comply with them so far as to moderate their Demands to what His Majesty might conveniently grant and promised they would sollicite them effectually to that purpose prevailed with His Majesty to send over a Commission under the Great Seal of England to the Lord Lieutenant to make Peace with his Catholick Subjects upon Conditions agreeable to the Publick Good and Welfare that might produce such a Peace and Union in Ireland as might vindicate his Royal Authority there and suppress those in Arms against him in England and Scotland and he also sent Instructions to continue the Cessation for another Year This Commission came to the Lord Lieutenant on the 26th of July but in regard the Confederates chose a Clergyman I suppose the Bishop of
their Parties had commonly the Better tho' their Armies had commonly the worse in all Encounters Review 84. but there is no General rule without Exception so this Party of Horse was lost and the Foot thereupon quitted the Castle and Bridge and ran to find out their General who was securely posted amongst the Rivers and Bogs in Westmeath where the Scots faced and braved him but for want of Provisions could not stay long enough to do any great Prejudice nevertheless they hanged Nugent of Carlestown and burnt his House Upon the retreat of the Scots Castlehaven says that he followed them to Dromore and tells some fine Stories to his own Credit but the issue is that with much ado he got home again Owen Roe having failed of his promised Assistance In the mean time In July the Marquess of Antrim â—ound means to send Two thousand five hundred Irish to Scotland to joyn with Montross that so by giving the Scots Employment in their own Country he might divert them from sending Recruits into Ireland And it is to be noted that the Confederates did both send and receive Ambassadors to and from foreign Princes viz. They sent to France at several times Mr. Rochfort â—ather Mathew Hartegan Colonel Fitz Williams and Mr. Geofry Baron and received from France Mr La. Monarie Mr. Du Moulin and Mr. Talloon they sent to Spain Father James Talbot and had from thence Mr. Fuysot the Count of Beerhaven i.e. O Sullevan Beer and Don Diego de la Torres they sent to the Pope Mr. Richard Beling and afterwadrs the Bishop of Fernes and Mr. Nicholas Plunket and the Pope sent them first Peter Franciscus Scarampo and afterwards his Nuncio the Bishop of Firmo And therefore it is fit I give the Reader some Account of their Negotiation which I shall as I have information and opportunity and for the present shall feast him with some Extracts out of Father Hartegan's intercepted Letters who in November 1644. wrote to the Supream Council to the Effect following viz. That my Lord Abbot Mountague said to him in his Ear that he should write to your Lordships not to trust most of the English even the very Catholicks who have more National then Religious Thoughts That the Queen talking of Ormond said it was hard to Trust Believe or Rely upon any Irish-man that is a Protestant for every such Irish-man that goes to Church does it against his Conscience and knows he betrayes God That Clanrickard had something of Essex his Brother-in-Law otherwise he should be for the Catholicks which are known to be faithful to the King whereof no Man doubts now That he should know all little Passages Resolutions and Things that pass daily in Dublin Ulster and Cork and you should write the words uttered by Ormond Clanrickard and Insiquin even when they are at Table and in Conversation That you shall have Succours to prevent your inglorious falling to Peace and Rome and France will dispute who shall contribute most to you so that you may see Father Wadding and I do not sleep in your Affairs That Clanrickard Robs more from the Catholick Party than the Villanous Scots That the King is easie and not to be trusted That the Confederates are backward in declining the Old English That if they had Gallantry they might expect a Temporal Crown in reward That Castlehaven is more Nationally then Religiously inclined That Ormond is a Viper and an Idolater of Majesty That the Queen will be cast upon the Irish and therefore advises them to Play the cunning Workmen to take measure of her But we need say no more of this Embassador than what the Queen observes of him in her Letter to the Lord Digby Husbands 2 part 833. viz. That many things he hath written are Lies In England the Lord Macguire and Macmahon were brought to their Trial and found Guilty Condemn'd and Executed at Tyburn but because Macguire was a Peer of Ireland it was made a Question Whether he could be Tried in England for Treason committed in Ireland since thereby he lost the Benefit of his Peerage And tho' it seems to me that the Point had been formerly determin'd in the Case of the Lord Leonard Grey who was Viscount Grany yet it held a long Debate and there being many Curiosities in that Trial I design to add it by way of Appendix unless this Book grow too Voluminous for such an Addition And in January began the Treaty of Uxbridge where the King's Power to make the Cessation was denied both because of His Delegating the Management of the War to the Parliament and because of the Interest of the Adventurers To which it was answered That the King by authorizing the Parliament did not exclude Himself There were also reciprocal Accusations and Recriminations from each Party to the other which are too tedious to be here recited and therefore I refer the Reader for them to Dugdale's View of the late Troubles where he may find them at large Nor is it to be omitted that even whilst this Treaty was in agitation and in order to it the Treaty with the Irish was in effect superseded a certain Irish Lord was no less unseasonably than importunately pressing His Majesty to be made a Privy-Counsellor and to have a Custodium granted him of Sir Robert King's Estate tho' either of these being granted and divulg'd would have dash'd in pieces all Hopes of Reconciliation between the King and Parliament So little did they consider the King's Interest when it stood in competition with their own And when I have added That the Confederates did publish a Declaration of the Terms upon which Protestants might live within their Quarters which is to be found Appendix 11. and that the Citizens of Dublin being numbred on the Eighth of August were found to be 2565 Men and 2986 Women Protestants and 1202 Men and 1406 Women Papists I have inserted all that I think material for the Year 1644. The Year 1645. could not begin better than in reviving the Treaty of Peace which was then reassumed if the Confederates had proceeded candidly and sincerely therein but they perceiving that Ormond would never be prevailed upon to grant them the Terms they desir'd did keep this Treaty on foot to cover their other Designs and in the mean time by their Agent Colonel Fitz-Williams they propos'd to the Queen That if Her Majesty would prevail with the King to condescend to the Just Demands of the Irish at least in private that then they would assist His Majesty with Ten thousand Men. Whereupon the Queen either through Her Indulgence to Popery or to purchase so considerable Aids for the King did promise Her utmost Endeavors to effect their Desires and accordingly She sent Sir Kenelme Digby to Rome where he made the Articles recited at large Appendix 26. which nevertheless had no effect because the * * Vindiciae eversae 48. King could not by any means be brought to confirm them And She
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
againg the English at Bunratty and on the Eighth of April sent the Lord Lieutenant word That a Fleet was seen at Sea which they were afraid would land Men near the Sheuin and therefore they had sent Three thousand of the Forces design'd for England to reduce Bunratty So that no more of the Irish Army was sent over than Three hundred Men under Milo Power which were design'd a Guard for the Prince of Wales and went to him to Scilly together with the Lord Digby in May in order to convey the Prince into Ireland Whereupon Ormond who was as sensible as any Man alive of the Levity of the Irish having receiv'd a Letter from the King of the Third of April recommending to his especial Care the Management of His Majesty's Affairs in Ireland as he shall conceive most for the King's Honor and Service caused that Letter to be printed that the Irish might know that there was no Peace to be expected from any other Hand than his And having informed the King by his Letter of the Seventh of April That the Treaty was so far concluded that Matters of Religion were submitted to His Majesty and the King oblig'd to nothing unless assisted in Proportion and Time mentioned in His Majesty's Letter of the First of December he was as industrious as could be to make that Peace effectual to His Majesty by a speedy Publication and a considerable Supply But finding the promised Succors diverted another way he began to despair of any Good from the Confederates And whilst he was in this Opinion the Earl of Argile and the rest of the Scots Commissioners being come over endeavoured by their Letter of the Fifteenth of April to renew the Treaty with him and tho' they did propose to have some of their Soldiers admitted into Dublin and that Ormond should submit to King and Parliament yet there were mutual Passports granted for Commissioners to Treat and the Interest of both Parties centring in the Prosecution of the Common Enemy inclin'd them to Moderation and gave great hopes of Success when the News of the King's Surrender to the Scots drew Argile home to his own Country ☜ and so the Treaty was dissolved However Ormond and the Irish could not agree and it is no wonder for they aim'd at quite different Ends. The Confederates design'd to expel the English out of Ireland under the Names of Fanaticks Parliamentarians the King's Enemies c. and Ormond design'd to get Ten thousand Irish to be sent to the King's Assistance in England The Irish intended to preserve their Government in the Form of a distinct Republick and the Lord Lieutenant hoped to reduce them to the Condition of Subjects And accordingly their Negotiations were managed on both Sides with a Tendency to their respective Ends insomuch that the Confederates in the Sixth Article of their Instructions of the Seventeenth of April to Mr. Nicholas Plunket order him to let his Excellency know That if he cause the Articles of Peace deposited with the Lord Clanriccard to be proclaim'd that then they must publish those Articles concerning Religion made with the Earl of Glamorgan and that it is not in their power to do otherwise for fear of losing their Foreign Friends and the danger of a Rupture at home But in the Two next Instructions they add That if Ormond will agree that they may on all Sides fight to clear the Kingdom of the Common Enemy that then their Councils in Civil and Martial Matters shall be manag'd by his Advice and he shall have as much Influence over their Debates ☜ us if he sat at the Board and as much Power as he was to have by the Articles during the Interval of Parliament And in their Additional Instructions of the Tenth of May they repeat to the same effect and desire the Nuncio may be countenanced and order their Agent to declare how they may be necessitated not to relie more upon his Excellency if he keep himself longer in suspence But on the other side the Lord Lieutenant very well unerstood the Inconvenience of joyning with the Irish by way of League which would be a tacit Allowance of their Government and therefore resolved not to unite with them upon any other Terms than that of the Peace And tho' he stood in great need of an Agreement with them yet not having fresh Orders to proceed in the Peace since the Condition of Transporting Men was not perform'd he could not have published the Peace if they would have consented to it and therefore he was glad to find them making Objections against it to which he * * 2 June return'd this Answer That if they publish'd Glamorgan ' s Articles that then he would in the Name of the King publickly disavow them as His Majesty had already done And in this manner the Intercourse and Correspondence between them was kept afoot and upon the Arrival of the Lord Digby on the Fourth of July with positive Verbal Orders to make the Peace they began to treat more closely Nevertheless that did not hinder the Confederates from pursuing their little Advantages underhand as appears by the following Letter of the Thirteenth of July from some of their Leading Men to General Preston WE beseech you in plain English give no Credit to my Lord Digby nor to any that goeth double ways and remember Lucan Seem nevertheless to trust him and lose no Advantage upon any Pretence whatsoever when you may do it with Safety If the Enemy have the Harvest quel consequences As you are a Catholick or Patriot Spare no Man that will not joyn with you for Kindred Religion or any other Pretence whatsoever If the King's Condition doth not forthwith Master the Parliament ☞ it will beget a bloody War there if he do absolutely Master them judge in both Cases how necessary it is the Army and Nation be considerable and able to stand upon their own Legs Burn or Master the Enemies Corn and Hay till the Body of the Army come with resulted Strength Several strong Parties may do good Service In case you undertake Trim or Minooth be sure to Master Naas Siggingsâ—own and Harristown and rather Demolish them than they should do hurt If Siggingstown and Harristown be not burnt they will do the Country hurt For your Lordship and General Birne only But in the midst of the Treaty between Ormond and the Irish there happened two strange Accidents the one was the King's Surrender of himself to the Scots near Newark the Fifth of May and the other was a great Victory Owen Roe obtain'd over the Scots and British at Bemburb on the Fifth of June which exposed the whole Province of Ulster to his Mercy if the Nuncio's Avocation of him to oppose the Supream Council had not prevented it as shall be shewn hereafter But these two grand Accidents must be handled apart and it is but Reason and Duty that we give preference to that of the King His Majesty was
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
Parliament take Advantage to incense the English against the King Queen and Prince if we should shut all our Doors against them That the Pope has sent the Irish Forty Thousand Pistols and Mazarine will send Six Thousand more c. These Letters being read Mr. Baron said his Embassy was on two Points First To excuse the not sending Three Thousand Men to the King of France according to Promise which he had done to Content and the second was to sollicit Aids from the Queen which at first she promised sufficient to bring the War to the wished Period but at the second Audience she was quite off from it being so persuaded by her Protestant Councillors And that Cardinal Mazarine sent them Twelve Thousand Livres which is all he could procure The year 1647. 1647. began with the * * March 30. Arrival of Colonel Castle 's Regiment which was sent by the Parliament to the Marquis of Ormond's Assistance and was followed by Colonel Hungerford's * * April 30. Regiment and Colonel Long 's and by the Commissioners themselves who landed the 7th of June and brought with them 1400 Foot and 600 Horse and immediately they proceeded to the Treaty which was on the 18th of June concluded on the Articles mentioned Appendix 39. And the same day the Marquis of Ormond Extrema necessitate compulsus says Mr. Beling page 47 surrendered Dublin Tredagh and his other Garisons unto them but kept the Regalia until the 25th of July and then delivered up them also and went to England This Action of the Marquis of Ormond's hath some Resemblance to that of King Henry the 7th in marrying his eldest Daughter to the King of Scotland they were both Actions of great Foresight and Prudence and as the later hath united Scotland to the rest of Great Britain so the former hath preserved Ireland in obedience to the Crown of England and therefore the Confederates especially the Nuncio Party whose Designs were diametrically opposite to that which happened do hate the Name of Ormond above all others and have written * * Deserter of Loyal Friends by Bishop of Fernes and Vindiciae eversae by John Ponse and the bleeding Iphigenia c. Volumes of Scandals and unjust Reproaches against him for preferring the English before the Irish whom they call his own Country-men But we must look back and see what the Confederates did to prevent this Agreement with the Parliament and in truth they did but little of themselves for their Talent was greater in breaking Articles of their own making then those that were made by others I cannot find they did any thing more than send a Letter of the 28th of March to Invite the Lord of Dunsany and Sir Nicholas White to a Conjunction with them and with part of their Army besiege the Castle of Carlow on the 18th of April of which last Ormond immediately sent notice both to the Lord Lisle in Manster and to Monroe in Ulster in hopes that they would make some Excursions to save the place by Diversion which they could not and so it was surrendered upon Articles But there happened a lucky opportunity if they would have embraced it of making a Peace with the King notwithstanding that some of the Parliament Succors were arrived for the Parliament Commissioners when they came over brought Bills of Exchange that were not authentick and in the mean time Winter Grant a Papist and a subtile Man was sent over to Ireland by the Queen to hasten a Peace if possible and his Instructions in order to it were to be varied used or rejected as the Lord Lieutenant upon the place should think fit and to deliver or suppress the Letters he had to the Nuncio and to the Confederates as Ormond should advise by whom he was to be governed in all things and he brought with him 14 Blanks to be filled up as the Lord Lieutenant should please and he was to know Ormond's Opinion whether the Prince should come to Ireland or not Hereupon Winter Grant on the 15th of April went to the Supreme Council with Directions to promise the Confederates That if they agree to a Cessation the Lord Lieutenant will not receive any more of the Parliament Forces in three weeks from the 18th Instant but they would not consent to so short a Truce but on the 10th of May they did write That they must insist on the Propositions of the Congregation at Waterford but are willing to make good the Propositions made by Dr. Fennel and will readily assist to preserve Dublin for the King against the Parliament And it seems they had wrought upon Winter Grant for he by his Letter of the 13th of May presses the Conclusion of the Peace and offers that the Irish Armies shall drive back the Parliamentarians But to these Instances Ormond returned this Answer to Mr. Grant on the 15th of May That the two first of Dr. Fennell's * * See them ante Page 185. Propositions are fit between Neighbouring Princes in a League Offensive and Defensive but not between Subjects and their King and that there is no possibility of a Peace whilst they insist on the Propositions of the Congregation at Waterford and that these feigned Offers are for vile Ends either to Calumniate if we dont or Deceive us if we do Accept them However he wrote more moderately to the Confederates but they never vouchasafed to send him a Reply And it ought to be noted That the Lord Lieutenant carried himself so well in this matter that even the Queen and Prince did approve of what he had done and in evidence thereof afterwards sent him over to the Government of Ireland anno 1648. and Sir Robert Talbot Mr. Oliver Darcy Mr. Beling and Mr. Thomas Dungan did confess to the Lord Digby That Ormond could not avoid doing as he did which I should not have mentioned Vindiciae eversae 48. but that some of the Confederates in word and in writing with the greatest Malice and Bitterness imaginable without considering the King's Directions in the Case or the insuperable Necessity of that Action have accused the Marquis of Disloyalty in delivering up the King's City and Sword to His Majesty's Enemies and for saying Si alterutris ex perduclibus necessario tradenda essent se Anglis potius quam hibernis consignaturum Vindiciae eversae 63. That if he must surrender it to any of the Rebels he would rather do it to the English than the Irish But perhaps a curious Reader may be inquisitive to know the Mystery of Ormond's keeping the Regalia almost five weeks longer than he did the City and it was this There were many Anti-Nunciotists amongst the Confederates who were willing to leave the Kingdom and be transported into France under the Command of the Marquis of Ormond and Monsieur Talon was every day expected with French Ships to that purpose but he did not come within the time and after it was expired Ormond could
and Scandalous Book entitled Disputatio Apologetica de Jure Regni Hiberniae pro Catholicis Hibernis adversus Haereticos Anglos written by one Cnoghor Mahony P. W. Remonstrance 587 667 737. a Native of Muskery in the County of Cork and a Jesuit disguised under the Name of Cornelius de Sancto Patricio the main Design of it is to prove That the Kings of England never had any Right to Ireland and he advises the Irish to kill all that adhere to the Crown of England tho' Papists and to chuse a * * Elegiâ—e vâ—bis regem vernacuâ—um Native King and avers That if the King Charles the First had originally a Right yet being a Heretick he ought to be depriv'd And tho' this Book was burnt by Order of the Supreme Council for Form sake yet it was suffered privately to be disperst and was never condemn'd by the Popish Clergy in Ireland to this day altho it was proposed by P. W. in the famous Congregation at Dublin Anno 1666. that it should be so The Year 1648. 1648. began with the Treaty between Insiquin and the Confederates about a Cessation which met with many Difficulties by the means of the Nuncio for altho' he had given his Consent formerly Beling 128. that the Confederates should make a Cessation either with Insiquin or the Scots as they should find most convenient yet now when he found it was near a Conclusion and saw that Insiquin by deserting the Parliament had shut the Door against farther Succors from England he began to play over his old Tricks again and sent a Letter to the Supreme Council advising them against the Cessation 1. Because Insiquin's Successes had given him the Possession of many Popish Estates and Churches which must be left so by this Truce 2. Because Insiquin was their most inveterate Enemy and was stain'd with the Blood of the Religious at Cashell and elsewhere And 3. Because Insiquin can have no Supplies from England and therefore must restore all their own to the Catholicks if he be prosecuted and therefore should have no Cessation But the Council replied Beling 65. They had so many Enemies in every Province that they could not fall upon Insiquin and if they did he had Walled Towns and Forces enough to defend himself That it would be scandalous to prosecute him that had as good as declared for the King and at the same time to neglect the Parliaments Forces that were His Majesty's Enemies and that if they did so they could expect no Fruit of their Embassie to the Queen and Prince c. The Nuncio replied and they rejoyned but at length he came to Kilkenny and when after many Expostulations he found they were resolved to proceed to conclude the Cessation on the Seventh of May he withdrew privately from Kilkenny to Owen Roe's Camp at Killminch in the Queen's County and sent a Letter to the Supreme Council to inform them of this Flight and the Reasons of it Many Messages and Letters past between them and all imaginable Endeavors were used to get him back and reconcile him but in vain for having notice that they had published the Cessation the Twentieth of May he together with the Bishops of Clogher Ross Cork and Down on the 27th of the same Month issued an Excommunication against all the Adherents to this Cessation from which as being very erroneous both in Matter and Form the Supreme Council made an Appeal to the Pope on the 31th of May and on the Fourteenth of June they propos'd some Queries about it to the Bishop of Ossory who gave them Answers to their satisfaction all which are to be found at large in the Appendix of Instruments annexed to Peter Walsh's Loyal Remonstrance It is almost incredible what Execution a Popish Excommunication can do amongst an ignorant bigotted People that are led by an implicit Faith to a blind Obedience Nevertheless 't is certain that the Supreme Council were at their Wits end how to manage the People and the Nuncio And yet it is the more strange that his Excommunications should find so much regard because he did notoriously abuse the Power of the Keys and did fulminate his Anathema's upon the slightest Occasions and even in his own Temporal Affairs as appears by his * * 11 Febr. 1646. Excommunication of Colonel Edmund Butler and all his Officers if within two Hours they did not deliver up the Castle of Kilkenny to the Mayor and Aldermen of that City and the following Excommunication of James Gough in a Plea of Debt or Account in his own Case for the ††Haec Fregata ipsius Reverendissimi Nuncii proprii erat Beling 38. Frigat was his JOannes Baptista Rinuccinus Dei Sanctae Sedis Apostolicae gratia Archiepiscopus Princeps Firmanus ac in Hiberniae Regno Nuncius Apostolicus extraordinarius tibi Jacobo Gough salutem Tenore presentium precipâ—nus ac mandamus ad instantiam petitionem Domini Ludovici Gedeon Capitanei Fregatae Sancti Petri Sociorum Militum Nautarum quatâ—nus infra totam diem sequentem Lunae quae erit 17 currentis Mensis Augusti debeas reddere computa fidelia realia cum effectu sine mora de omnibus pecuniis rebus Spectantibus ad ipsos alios pro praeda capta a dicta fregeta ad effectum quod statim ipse supradictus Capitaneus alij interesse habentes debitam justam habeant Satisfactionem pro integra illorum quorumcunque parte hoc sub paena Excommunicationis nobis reservata de facto incurrendae si per te ex parte vel defectu tuo totum id non perficiatur non obstantibus quibuscumque c. in quorum fidem c. Datum Waterfordiae Die 15th Augusti Anno. 1646. Joannes Baptista Archiepiscopus Firmanus Nuncius Apostolicus Nor is it unfit to be observed that these Prelates who were so forward to Excommunicate those that made a Cessation with the Kings Party could yet suffer their Darling Owen Roe to make Leagues and Cessations with the Parliament Officers viz. Coot Jones and Monk without issuing an Excommunication or so much as giving him a reproof for it And that it may appear how little regard this Apostolick Nuncio had for Religion it is necessary to add that when he understood that a blasphemous Wretch had drank a Health to the Trinity viz. God Owen Roe and the Nuncio and said that whoever would not Pledge it was a Heretick he was so well pleased with that Prophane and Irreligious Zeal that he rewarded it with a * * Decanatus insignis cujusdam in Hibernia Ecclesiae Titulum consecutus Est Beling in pref p. 18. Deanry Propino vobis inquit Salutem Trinitatis Dei scillicet Eugenij O Nellij D. Nuntij quam quisquis bibere recusaverit pro Heretico habendus erit And this is reported by Mr. Beling who was himself an eminent Roman Catholick and a Learned man and
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
Sir Edward Deering Sir Edward Smith William Coventry Esq in whose stead came Sir Allen Brodrick Sir Winston Churchill and Collonel Cook Sat at the Kings Inus â—â—â—ral times but did not hear Causes till the 13 th of February because the Irish would not venture a Tryal until they had prepar'd Deeds Witnesses and other Conveniences and then in that Month the Commissioners declared thirty-eight Innocent and seven Nocent and in March adjudged fifty-three Innocent and seven Nocent and in April Voted Seventy-seven Innocent and five Nocent and in the remaining Months they decided Six hundred and thirty Claims to the great Loss and Disatisfaction of the Protestants In the Year 1663. Alexander Jepson Mr. Blood Collonel Abbot Major Warren and several others had formed a Plot to seize on the Castle of Dublin on the 21 th of May but the Lord Lieutenant had notice of it from the Earl of Orrery and others and so it was prevented and a Proclamation issued against the Conspirators in General on the 21 st of May and against several of them by Name on the 23 d of May and on the same day the Lord Lieutenant and Council gave an account of it to the Secretary of State and his Excellency Prorogued the Irish Parliament till the 21 st of July and so from time to time until the 26 th of October 1665. and then they Sat and by publick Declaration manifested their Abhorrence of that Plot. Hereupon all the People both Protestants and Papists were disarmed throughout the Kingdom some few only excepted in whom the Government could confide Nevertheless because several Dissenters refused to joyn in the late Plot the Lord Lieutenant on the 29 th of June continued the Indulgence to them until Christmas following And on the 31 st of July 1663. the Lord-Lieutenant and Council upon receipt of His Majesty's Letter in favour of the Lord of Antrim did by their Letter of that date signifie to His Majesty That the Marquess of Antrim did oppose both Peaces of 46 and 48 and did say in open Assembly That not a Man should go out of Vlster when the King expected 10000 out of Ireland And if this Letter takes place in so extraordinary manner it will infringe the Act of Settlement which is the fundamental Security and will hinder Reprisals for such as by Declaration the King is obliged to provide for And in April following His Excellency went for England and left his Son the Earl of Ossory Lord Deputy And about this time the Irish taking advantage of the mad Plot of Jepson 1664. c. aspers'd the English with disloyalty and cry'd up themselves for the only Loyal Subjects and they proceeded so far as to impeach Capt. Knight and Lieut. Salisbury of words which amounted to Treason in Judge Stockden's Opinion but upon strict Examination of the matter the Witnesses were found to faulter and afterwards confessed they were Suborn'd and begg'd Pardon In the beginning of September the Lord Lieutenant returned to Ireland 1665. He landed at Waterford and brought over with him the new Bill of Settlement afterwards called The Act of Explanation which passed into a Statute on the 15th of December and soon after his coming over he raised a Protestant Militia in Ireland and distributed 20000 Arms amongst them And it was this year that Pope Alexander VII issued his Bull to absolve the Irish from the Excommunication of the Nuntio in forma Ecclesiae consueta P. W. Epist to his Remonst xxxii that is as P. W. explains it upon their doing publick Penance for having returned but only so nigh their Obedience to their King as a bare Cessation of Arms in order to preserve His Majesty's Interest when their own could not subsist without it did amount unto On the 16th of December the Lord-Lieutenant did acquaint the Parliament with the great Preparations in France and Holland for War both by Sea and Land so that there was great danger of an Invasion whereupon the Commons voted Thanks to His Grace for the Advertisement and that they would stand by His Majesty with their Lives and Estates and would be assistant to His Grace against all the King's Enemies and to help bear the Expence of the War gave eight entire Subsidies and on the 30th of March they gave four more And indeed it was time to prepare for Defence P. W. Remonst 570. for P. W. assures us the Irish were tampering with France to back their Insurrection by an Invasion In May 1666. 1666. some Corporals and Soldiers of five Companies at Carrickfergus to the number of 200 seized on the King's Money in the hands of his Receiver and possessed themselves of the Gates and capitulated with the Earl of Donegall the Governour and refused to obey him but chose Corporal Dillon to be their Chief and Mann'd the Walls May 25th The Earl of Arran with four Companies of Guards went by Sea in the Dartmouth Frigat to Carrickfergus and arrived there the Sunday after The Mutineers desired time till afternoon to consider designing in the mean time to get Provisions into the Castle but Arran admitting no delay charged one way as Sir William Flower did another and forced the Mutineers into the Castle with the slaughter of Dillon and two of his Companions and the loss of two of the Earl of Arran's Soldiers and the next day in the afternoon the Lord-Lieutenant arrived with the Horse-Guards and then they surrendred at Mercy And this being a time when there was open War with France and Holland and an Invasion expected from France the Mutineers were try'd by Martial Law and ten of them condemned to die and the rest to be transported but upon their submission these last were all pardon'd On the 11th of June the Popish Clergy met in a sort of Convocation or National Synod in Dublin by connivance of the Lord-Lieutenant pursuant to His Majesty's Order and it was expected from them that they would have asked Pardon for the Rebellion in 1641. and have given the King new assurance of their Allegiance by taking an Oath to that purpose framed by their own Procurator Peter Welsh and called P. W. 10. The Loyal Formulary or The Irish Remonstrance But they were so far from doing so that one of their Bishops said They knew no Crime they were guilty of and therefore needed no Pardon and they not only refused to take the aforesaid Oath but prevailed with many that had subscribed that Remonstrance to withdraw their Subscriptions and to renounce that Oath But this matter as it is the greatest Demonstration of what sort of Allegiance the Popish Clergy of Ireland would pay to a Protestant King so it is well worthy of a Treatise by it self something more concise than that prolix else incomparable History which P. W. has afforded it But the Secret of this Affair was deeper than P. W. imagined for the Irish were then ready for a Rebellion and every day expected an Invasion from
compared with the Certificates here Also prevent the abuse in Coyning Vending annd Vttering small Moneys 14thly Endeavour to bring all to a Conformity in the Religion by Law Established and acquaint us with what difficulties you meet with therein 15thly Inspect our Forts Castles Magazines and Stores and endeavour to make Salt-Petre 16thly We are informed That small Profit hath heretofore come to our Exchequer by Castle-Chamber Fines tho Misdemeanors proper for punishment in that Court were many we would therefore have you look into the reasons thereof and to resettle and uphold the Honour and Jurisdiction of that Court for the repressing exorbitant Offences wherein our Learned Council are to do their Duty faithfully 17thly The Vice-Treasurer or his Deputy to receive all Money 18thly Reduce the Moneys there to the condition of Sterling and establish a Mint there 19thly Finding some Propositions of the Duke of Ormond recorded in the Register of Council-Causes 1662. fit to be observed we have renewed them with reference to your Government therefore observe them Lastly Several Popish Clergy since the return of the Duke of Ormond hither have exerâ—â—ed their Jurisdictions to the great grief of the Remonstrants If so execute the Laws against the Titular Archbishops Bishops and Vicar-Generals that have threatned or excommunicated the Remonstrants and that you protect such Remonstrants as have not withdrawn their Subscriptions These were the publick Instructions but the Administration of the Government seem'd to have another Foundation for now the Mystery of Iniquity began to appear and the Papists were publickly countenanc'd and indulg'd in Ireland many of them got into the Commission of the Peace and it was attempted also to bring them into the Army but Matters not running so smoothly as the Lord Lieutenant expected he returned to England for new Instructions and left the Government in the Hands of the Lord Chancellor and Sir Arthur Forbus Lords Justices who were Sworn on the 12 th of June and continued in that Office until his Excellency's return which was on the 23 d day of September 1671. In the mean time on the 21 st of February 1670. Collonel Richard Talbot Petitioned His Majesty in the behalf of His most distressed Subjects of Ireland who were outed of their Estates by the late Vsurped Powers which Petition was referr'd to a Committe of the Council to Examine and Report and a State of their Case was given to the Committee in Writing Whereupon on the 28 th of January the Kings Solicitor attended the Committe at the Council-Chamber His Majesty being present and there the Petition and Talbot's Commission from the Irish the State of their Case and the Paper of Instances were read On the 1 st of February the King being present Sir George Lane was call'd in and the first Instance being the Case of Mr. Hore was objected against him but Sir George baffled the Petitioners in that Matter and having prov'd an Agreement with Mr. Hore which His Majesty was pleased to say He remembred That Affair was clear'd to the satisfaction of the King and the Committee much contrary to the Expectation of the Petitioners who perhaps had prevail'd with the King to be there that he might be an Ear-witness of the Wrong that was done them But the King being weary of such Debates did on the 4 th of February in Council appoint the Lords Buckingham Anglesy Hollis and Ashley and Secretary Trevor or any three of them to be a Committee to Peruse and Revise all the Papers and Writings concerning the Settlement of Ireland from the first to the last and to take an Abstract of the State thereof in Writing And accordingly on the 12 th of June 1671. they made their Report at large which was the Foundation of a Commission dated the 1 st of August 1671. under the great Seal to Prince Rupert the Dukes of Buckingham and Lauderdale Earl of Anglesy Lords Ashley and Hollis Sir John Trevor and Sir Thomas Chichly to Inspect the Settlement of Ireland and all Proceedings from first to last in Order thereunto And this was followed by another Commission of the 17 th of January 1672. to Prince Rupert Earl of Shaftsbury the Lord Treasurer Clifford and others amongst whom the Dukes of Ormond was one to inspect the Affairs of Ireland viz. the Acts of Settlement and Explanation and the Execution of them and the disposing of Forfeited Lands and the State of His Majesties Revenue c. But how specious soever the Pretences were for these Commissions the secret Design was to unravel the Settlement and to humble the Duke of Ormond upon whom they always fell when the Popish Interest prevailed for otherwise the pretended Grievances if they had been really true were few and small and it were much better for the publick That even greater Irregularities than were complain'd of should remain unremedied than that the great and common Security of the Nation should be shaken And of this Opinion was the Parliament of England who always concern'd themselves effectually for the English Interest and the Protestant Religion in Ireland and accordingly on the 9th day of March 1673 they Address'd to His Majesty as followeth And this Address occasion'd that the aforesaid Commission of Inspection was Superseded on the 2d of July 1673. WE Your Majesties most Loyal Subjects the Commons in this Present Parliament Assembled taking into Consideration the great Calamities which have formerly befallen Your Majesties Subjects of the Kingdom of Ireland from the Popish Recausants there who for the most part are profest Enemies to the Protestant Religion and the English Interest and how they make use of Your Majesties Gracious Disposition and Clemency are at this time grown more Insolent and Presumptuous than formerly to the apparent Danger of that Kingdom and Your Majesties Protestant Subjects there the consequence whereof may likewise prove very fatal to this Your Majesties Kingdom of England if not timely prevented And having seriously weighed what Remedies may be most properly applied to those growing Distempers do in all Humility present Your Majesty with these our Petitions 1. That for the Establishment and Quieting the possessions of Your Majesties Subjects in that Kingdom Your Majesty would be pleased to maintain the Act of Settlement and Explanatory Act thereupon and to recall the Commission of Enquiry into Irish Affairs bearing date the 17 th of January last as containing many new and extraordinary Powers not only to the Prejudice of particular Persons whose Estates and Titles are thereby made liable to be questioned but in a manner to the overthrow of the Acts of Settlement and if pursued may be the occasion of great Charge and Attendance to many of Your Subjects in Ireland and shake the Peace and Security of the whole 2. That Your Majesty would give order that no Papist be either continued or hereafter admitted to be Judges Justices of the Peace Sheriffs Coroners or Mayors Sovereigns or Portreeves in that Kingdom 3. That the Titular Popish Archbishops
Bishops Vicars-General Abbots and all others exercising Ecclesiastical Jurisdiction by the Popes Authority and in particular Peter Talbot pretended Archbishop of Dublin for his notorious Disloyalty to Your Majesty and Disobedience and Contempt of Your Laws may be commanded by Proclamation forthwith to depart out of Ireland and all other Your Majesties Dominons or otherwise to be prosecuted according to Law And that all Convents Seminaries and publick Popish Schools may be dissolved and suppressed and the Secular Priests Commanded to depart under the like Penalty 4. That no Irish Papist be admitted to inhabit in any part of that Kingdom unless duly Licensed according to the aforesaid Acts of Settlement And that Your Majesty would be pleased to recal Your Letters of the 26 th of February 1671. and the Proclamation thereupon whereby general license is given to such Papists as Inhabit in Corporations there 5. That Your Majesties Letters of the 28 th of September 1672. and the Order of Council thereupon whereby Your Subjects are required not to prosecute any Actions against the Irish for any Wrongs or Injuries committed during the late Rebellion may likewise be recalled 6. That Collonel Talbot who hath notoriously assumed to himself the Title of Agent of the Roman Catholiks in Ireland be immediatedly dismissed out of all Command Military and Civil and forbidden Access to Your Majesties Court. 7. That Your Majesty would be pleased from time to time out of Your Princely Wisdom to give such further Order and Directions to the Lord Lieutenant or other Governor of Ireland for the time being as may best conduce to the Encouragement of the English Planters and Protestants Interest there and the Suppression of the Insolencies and Disorders of the Irish Papists there These our humble Desires we present to Your Majesety as the best means to preserve the Peace and Safety of that Your Kingdom which hath been so much of late in Danger by the Practices of the said Irish Papists particularly Richard and Peter Talbot and we doubt not but Your Majesty will find the happy Effects thereof to the great Satisfaction and Security of Your Majesties Person and Goverment which of all earthly Things is most dear to Your Majesties most Loyal Subjects But on the 5 th day of August 1672. 1672. Arthur Earl of Essex was Sworn Lord Lieutenant and in September his Excellency and the Council made Rules and Orders for Regulating of Corporations pursuant to a Clause in the Act of Explanation to that purpose And during his Government the Kingdom was very quiet in publick Appearance 1674. for whatever Designs were form'd in favour of Popery were private 1675. and in England and were so dexterously countermined by this Lord Lieutenant that there was but small effect of them perceived in Ireland but his Excellency went for England the day of 1675. leaving the Lord Chancellor and the Lord Granard 1676. Lords Justices who continued so until the return of the Earl of Essex who resumed the Goverment on the day of 1675. But in the beginning of the year 1675. Peter Fox and five more pretending to be Passengers in a very rich Ship in Holland called the St. Peter of Hamburgh bound for France did Murder the Master and three of his Crew and brought the Ship into Ireland but by the Wisdom and Diligence of Robert Southwell Esq Vice-Admiral of Munster five of the Malefactors were taken and executed and a great part of the Cargo preserv'd and secur'd for the right Owners But the Earl of Essex being recalled 1677. James Duke of Ormond was Sworn Lord Lieutenant on the day of August 1677. and that year there was a Popish Regiment raised in Ireland in pretence of Foreign Service but the Duke would give them no Arms so that they were forced to Exercise with Sticks But I should have mentioned That the St. David and forty East-India-Ships and forty Merchant-men arrived at Kingsale in July 1673. where they found a secure Sanctuary until they had Convoy sent them from England and this perhaps might be one motive to the Duke of Ormond the next time he took the Sword to consider the Importance of that Place which is the best Chamber for Shipping in His Majesty's Dominions There it was that the Spaniards landed in the year 1601. and there Sir Jeremy Smith and his Fleet sound a safe retreat Anno 1667. and therefore His Grace founded that Royal Structure of the New Fort of Rincorran which he visited in August 1678. and named Charles Fort and it seems that King James and the French had no less value for this important Place since they chose to land there in March 1688. In September the News of the Popish Plot arrived in Ireland 1678. and thereupon Peter Talbot Titular Archbishop of Dublin was apprehended and made close Prisoner in the Castle of Dublin and on the 11th of October the Lord-Lieutenant Ormond came to Dublin and on the 14th of October His Grace and the Council issued a Proclamation for all Officers and Soldiers to repair to their respective Garisons and Quarters and not to depart from thence without license And on the 16th of October there came out another Proclamation requiring all Titular Archbishops Bishops Vicars-General Abbots and other Dignâ—aries of the Church of Rome and all other exercising Ecclesiastical Jurisdiction by Authority from the Pope as also all Jesuits and other Regular Priests to depart the Kingdom by the 20 th of November and that all Popish Societies Convents Seminaries and Popish Schools should dissolve and separate themselves c. And that they may have convenience of Transportation all Ships outward-bound were by Proclamation of the 6th of November commanded to give timely notice of their departure and to take on board such of the Popish Clergy as desired to go with them And on the 2d of November the Papists were by Proclamation required to bring in their Arms by a certain day which being expired that the Justices c. should search for them And that all Papists that had above one Pound of Powder should send in an Account of their Store On the 20 th of November a Proclamation issued forbidding the Papists from coming into the Castle of Dublin or any other Fort or Cittadel and ordering the Markets of Droghedagh Wexford Cork Limerick Waterford Youghall and Galloway to be kept without the Walls and that no Papists should be suffered to reside or dwell in any Garison except such as had been Inhabitants there by the space of twelve months before and that the Papists should not meet in unusual Numbers or at unreasonable times And the same day issued another Proclamation for a reward of 10 l. for every Commission'd Officer 5 l. for every Trooper and 4 s. for every Foot-Soldier that can be discovered to have gone to Mass since he took the Oaths of Supremacy and Allegiance And here it will be but Justice to the memory of the Duke of Ormond to
whereupon he this Examinant came to Connaught on Wednesday night last and finding the said Hugh come to Dublin followed him thither he came hither about Six of the Clock this Evening and forthwith went to the Lodging of the said Hugh to the House near the Boot in Oxmantown and there he found the said Hugh and came with the said Hugh into the Town near the Pillory to the Lodging of the Lord Mac-Guire where they found not the Lord within and there they drank a Cup of Beer and then went back again to the said Hugh's Lodging He saith that at the Lord Mac-Guire's Lodging the said Hugh told him that there were and would be this Night great Numbers of Noblemen and Gentlemen of the Irish Papists from all parts of the Kingdom in this Town who with himself had determined to take the Castle of Dublin and to possess themselves of all his Majesties Ammunition there to Morrow Morning being Saturday and that they intended first to Batter the Chimneys of the said Town and if the Citizens would not yield then to Batter down the Houses and so to cut off all the Protestants that would not joyn with them He further saith That he the said Hugh told him that the Irish had prepared men in all parts of the Kingdom to destroy all the English Inhabiting there to Morrow Morning by Ten of the Clock and that in all the Sea-Ports and other Towns in the Kingdom all the Protestants should be killed that night and that all the Posts that could be could not prevent it And farther saith That he moved the said Hugh to forbear executing of that business and to discover it to the State for saving of his own Estate who said he could not help it but said that they did owe their Allegiance to the King and would pay him all his Rights But that they did this for the Tyrannical Government that was over them and to imitate Scotland who had got a Priviledge by that course And he further saith that when he was with the said Hugh in his Lodging the said Hugh swore that he should not go out of his Lodging that Night but told him he should go with him the next Morning to the Castle and said if this matter were discovered somebody should die for it Whereupon this Examinant fained some necessity for his Easement went down out of the Chamber and left his Sword in Pawn and the said Hugh sent his Man down with him and when this Examinant came down into the Yard and finding an opportunity he this Examinant leaped over a Wall and Two Pales and so came to the Lord Justice Parsons October 22. 1641. Owen O Conally William Parsons Thomas Rotheram Robert Meredith Appendix III. A Copy of a Letter directed to the Lord Viscount Costilough from the Rebels of the County of Longford in Ireland which he presented to the State in their behalf Nov. 10. 1641. Our very Good Lord OUr Allyance unto your Lordships Ancestors and your self and the tryal of your and their performance of Trust unto their Friends in their greatest Adversity encourageth us and engageth your Honour to our fruition of your future Favours the fixion of our confidence in you before any of the Peers and Privy Counsellors of the Kingdom doubleth this obligation Your Lordship may therefore be pleased to acquaint the Lords Justices and Councel to be imparted unto his Sacred Majesty with our Grievances and the causes thereof the Reading of which we most humbly pray and the Manner of it First The Papists in the Neighbouring Counties are severely Punished and their Miseries might serve as Beacons unto us to look unto our own when our Neighbours Houses are on Fire And we and other Papists are and ever will be as Loyal Subjects as any in the Kings Dominions for manifestation whereof we send herein inclosed an Oath solemnly taken by us which as it receiv'd indelible impression in our Hearts shall be Sign'd with our Hand and Seal'd with our Blood Secondly There is an Incapacity in the Papists of Honour and the Immunities of true Subjects the Royal marks of Distributive Justice and a disfavour in the Commutative which raised Strangers and Foreigners above those whose Valour and Vertue was Invincible when the old Families of the English and the major part of us the meer Irish did Swim in Blood to serve the Crown of England and when Offices should call Men of Worth Men without Worth and Merit obtain them Thirdly The Statute of 2 Eliz. of force in this Kingdom against us and they of our Religion doth not a little disanimate us and the rest Fourthly The avoidance of Grants of our Lands and Liberties by Quirks and Quiddities of the Law without reflecting upon the Kings Royal and real intention for confirming our Estates his Broad Seal being the Pawn betwixt his Majesty and his People Fifthly The Restraint of Purchase in the meer Irish of Lands in the Escheated Counties and the taint and blemish of them and their Posterities doth more discontent them than that Plantation Rule for they are brought to that Exigent of Poverty in these late times that they must be Sellers and not Buyers of Land And we conceive and humbly offer to your Lordships consideration principiis obsta that in the beginning of this Commotion your Lordship as it is Hereditary for you will be a Physitian to cure this Disease in us and by our examples it will doubtless beget the like auspicious success in all other parts of the Kingdom for we are of opinion it is one Sickness and one Pharmach will suffice Sublata causa tollitur effectus and it will be recorded that you will do Service unto God King and Country and for salving every the aforesaid Sores your Lordship is to be an humble Suitor in our behalf and of the rest of the Papists that out of the abundance of his Majesties Clemency there may be an Act of Oblivion and general Pardon without Restitution or account of Goods taken in the time of this Commotion a Liberty of our Religion a Repeal of all Statutes formerly made to the contrary and not by Proclamation but Parliamentary way a Charter-free Denizen in ample manner for meer Irish all which in succeeding Ages will prove an Union to all his Majesties Dominions instead of Division a Comfort in Desolation and a Happiness in perpetuity for an imminent Calamity And this being granted there will be all things Quae sunt Caesaris Caesari and quae sunt Dei Deo and it was by the Poet written though he be prophane in other matters yet in this Prophetically Divisum Imperium cum Jove Caesar habet All which for this present we leave to your Honourable care and we will as we ever did and do remain Your very humble and assured ever to be Commanded Hugh mac Gillernow Farral James Farral Bryan Farral Readagh Farral Edmond mac Cael Farral John Farral in Carbuy Garret Farrel Lisagh mac Conel Farral
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
here These things most Dread Sovereign are of so great and important consideration towards securing the future Peace and Safety of your Sacred Majesty your Royal Posterity your Kingdoms and good Subjects as we could not without breach of Faith and Loyalty to your Majesty forbear thus truly and plainly to represent them and howsoever the Rebels are pleased unjustly to traduce and calumniate us and our proceedings without any cause given on our parts other then our Faithfulness to you our most Dear and Gracious Lord and Master which Reproaches from them we are content for your sake to bear as we are ready to Sacrifice our Lives for you Yet we humbly beseech your Majesty to give us leave with the freedom of Faithful Servants to affirm to your Majesty in the presence of God to whom and to your Majesty we are accountable for uprightness in all our Councils and Actions that we fall upon no Expressions herein out of any hatred to the Persons of them or any of them or out of any sinister ends of advantage to our selves but only out of necessary duty to God and to your Majesty for whom we hope God hath reserved the high honour of that great work of full settlement and reformation of this your Kingdom to which none of your Royal Ancestors could attain although your Royal Father King James of Blessed memory made a fair entrance towards it by a sweet and peaceable way which glorious beginning of his the Rebels have quite overturned and defac'd And now having clearly and in zealous duty laid open our hearts to your Royal Majesty we in all humility submit and intirely depend on your Majesties Commands whether for Peace or War and shall with all fervency imploy our Bodies and Minds to execute whatsoever you shall in your high Wisdom prescribe humbly beseeching the Almighty Guider of all Humane Councils to grant you his Divine Assistance from the Wisdom which is ever about his Throne And so we humbly remain from your Majesties Castle of Dublin the 16th day of March 1642. Your Majesties most Loyal and most Faithful Subjects and Servants William Parsons Jo. Borlace La. Dublin Cha. Lambart Ad. Loftus Ge. Shurley Ger. Lowther J. Temple Tho. Rotheram Rob. Meredith Appendix V. An Abridgement of the Irish Remonstrance of Grievances THAT they being necessitated to take Arms for the Preservation of their Religion the Maintenance of His Majesties Rights and Prerogatives the natural and just Defence of their own Lives and Estates and the Liberties of their Country have often attempted to present their humble Complaints to His Majesty but were prevented therein by the Power and Vigilancy of the Lords Justices c. Who by the Assistance of the Malignant party now in Rebellion in England the better to accomplish the Extirpation of their Religion and Nation have hindred their Access to the Kings Justice which might have prevented much mischief and having notice now of a Commission to hear their Proposals in which are these words albeit we do extreamly detest the odious Rebellion which the Recusants of Ireland have without Ground or Colour raised against us our Crown and Dignity they conceive them to have proceeded from the misrepresentation of their Enemies and do protest they have been therein traduced to the King for that they never entertained any Rebellious thought against His Majesty his Crown or Dignity but are his faithful Loyal Subjects and desire to be owned so and as such they present the ensuing Grievances and Causes of the then present Distempers 1. That the Catholicks whom neither Reward nor Persecution could tempt from their Religion these 1300 Years are by the Statute of 2 Eliz. made incapable of Places of Honour or Trust their Nobles are become contemptible their Gentry debar'd from Learning in the Universities or Publick Schools and their younger Brothers for want of imployment are forced to live in Ignorance and Contempt at home or to their great discomfort and impoverishing of the Country to seek Education and Fortune abroad Misfortunes made incident to the Catholicks only their Number Quality and Loyalty considered of all the Nations in Christendom 2. That Men of mean Condition and Quality for the most part were placed in all Offices of Trust and Honour who being to begin a Fortune built it on the Ruines of the Catholicks and to ingratiate themselves scandalized the Papists and rendered them suspected and odious in England whereby arose the Opposition to the Graces promised or intended to the Natives by His Majesty or his Father and the false Inquisitions on feigned Titles against many Hundred years Possession and no Travers or Petition of Right admitted thereunto nor any Bar to it except Letters Patents which when produced were also declared void so that 150 of them were avoided in one Morning so little regard was had to the great Seal which is the publick Faith of the Kingdom And the Jurors were forced even by infamous Punishments to find such Inquisitions against their Consciences 3. That the Graces granted by the King and his Father were rendered unprofitable and fruitless to the Natives by the immortal Hatred of Sir William Parsons and the impeached Judges and their Adherents so that the publick Faith involved in those Grants was violated 4. That by the many wilful and erronious Decrees in the Court of Wards the Heirs of Catholicks were cruelly dealt with destroyed in their Estates and bred in Dissolution and Ignorance their Parents debts unsatisfied their Brothers and Sisters unprovided for Mesne Tenures unregarded Conveyances for valuable consideration avoided against Law and the whole Kingdom filled with Swarms of Escheators Feodaries Pursivants e. 5. That the Catholicks have without Reluctancy or repining contributed to all the Subsidies Loans and extraordinary Grants made to His Majesty amounting to Well near One Million of Pounds over and above his Revenue and thereunto were the most forward and thereof bore nine parts of Ten yet their Adversaries by the Opportunity of their continual Addresses to His Majesty to increase their Reputation in getting in of those Moneys and their Authority in distribution thereof to His Majesties great Disservice assumed to themselves to be procurers thereof and represented the Catholicks as obistnate and refractory 6. That the Army raised here with great charge was disbanded by the pressing importunity of the Malignant Party in England because they said it was Popish and therefore not to be trusted and although that Malignant Party did invade his Majesties Prerogative and Sir William Parsons and Sir Adam Loftus did declare that an Army of Ten Thousand Scots would come to Ireland to force the Catholicks to change their Religion and that Ireland would never do well without a Rebellion to extirpate the Remainder of the Natives and though Wagers were laid at the Assizes that within a Year no Catholick should be left in Ireland and though they saw the Irish Parliament unjustly incroach'd upon by the Acts and Orders of the Parliament of
increased Usury reduced to Ten per Cent. which was formerly at Twenty and Thirty and every thing mended whereby it is manifest that the English spent their time in improving the Kingdom and not in building their Fortunes on the Ruines of the Catholickâ— nor in hatching Rebellions That the English were so far from malicious differences with the Irish that they endeavoured to unite with them and had done so if the Popish Clergy and Lawyers envying their happy condition had not sowed discord between them the former by publishing that the Protestants were Hereticks that it was meritorious to destroy them and that they would have immediate passage to Heaven that should dye in that action and that the Pope was of that opinion as appear'd by his Bull Appendix 15 which the Irish published even after the Cessation and the Lawyers by alledging Grievances which either were of no Importance or were redressed as fast as the Government possibly could and by declaring that men killed in Rebellion could not forfeit their Lands and by reflecting on the illegal Jurisdiction assumed by the Council Board which nevertheless those Lawyers promoted and encouraged for the advantage of their own Practice and to heap up matters of Complaint And after all there are less Grievances in Ireland than in most other Kingdoms of Europe and so their own Parliament declared Anno 1634. As to the Graces most of them have been performed to them only one Warrant of Assistance was granted to the Bishop of Down which was soon called in and the enrolling the Surrenders of Conaught and the grant of those Lands and Tenures were stopt for a time and the limitation of his Majesties Title to Sixty Years was not setled but Bills for these and some other of the Graces were sent to England and returned back approved and would have past the next Session if the Rebels had had patience And whereas it was one of the Graces that all distinctions between British and Irish should be abolished which was desired by the Protestants and Thirteen old Statutes against the Irish were Repealed to that Purpose yet it is manifest the Remonstrants desired no such thing for they have done their utmost to extirpate the Protestants and have thereby entailed an everlasting difference between both Nations And as to Traverses to Inquisitions they were admitted according to Law in particular Inquisitions but in general Inquisitions found for Plantations because the chief Governour and Council and the Kings Council and other chief Officers were present and the Jurors were always the Prime Men of each Territory and the Offices publickly found mostly by consent and all Parties fully heard and the Parties had neither Title nor evidence to countenance a Traverse nor could an indifferent Tryal easily be had in these Cases and for these Reasons Traverses were not admitted to these Grand Offices but upon cause shewn nor was any Jury Punished for not finding these Inquisitions except one in the County of Galway which was willful and obstinate against full evidence as their own Lawyers afterwards confess'd That the allegation that an Hundred and Fifty Patents were avoided in a Morning is a notorious untruth what was done was promoted by James Cusack one of the Kings Council and Clerk of the Commission for defective Titles now a Remonstrant the manner thus A Committee of some Judges and Kings Council were appointed to consider the Patents produc'd and the Patentees Council were heard and if they confessed the Patent void it was so declar'd if they contested it was referred to a Tryal at Law which being done to avoid needless trouble and charge was a favour and not a grievance and was done to Protestants as well as Papists and had been so formerly and in imitation of it the Remonstrants sent Queries to the Judges not long before the Insurrection and if they had half so much regard to the great Seal and the publick Faith as the Protestants have they would never have entred into this Unnatural and horrid Rebellion especially since this Grievance if it was one was by his Majesties orders redressed before the War broke out In the Third Article the Remonstrants unwittingly confess the goodness of his Majesty and his Father and how gracious both those Kings have been to them which should have obliged them to returns of duty and obedience but instead of that they return Complaints and without cause against the Kings best Officers and such as have done more good to the Kingdom of Ireland than the Remonstrants either offered or could do But their desperate hatred against Protestants in general ☞ and English Governors and Officers in particular is the cause of all this but if those Officers would have joyned with the Remonstrants in setting up Popeâ—y and diminishing his Majesties Prerogative then they should have had the good word of the Remonstrants In the mena time they can be charged with no particulars except that of detesting the Cruelty and Persidy of the Rebels and if the Ministers of State had been faulty what is that to the Innocent common People certainly the Robbery and Murther of them proceeded from a National Antipathy which is no new thing in Ireland but was often cruelly exercised even in and before the Reign of Edward the Third To the Fourth Article that it is untrue and the Remonstrants would have instanced particular cases if there were any to be found for the Decrees of the Court of Wards have been Regular and Just and the execution moderate above Two Hundred Wardships have been granted to Friends in trust for the Heirs to pay Debts support Younger Children c. and none were granted to Strangers but by his Majesties immediate Warrant except in some few Cases where the Party neglected or was obstinate and in all cases care hath been taken of the Evidences Marriage and Education of Wards And as for the Swarms of Officers complained of there are but Five Escheators and Eight Feodaries and Two Pursivants in the whole Kingdom and all of them Men of Judgment Moderation and Integrity so that the Remonstrants have not cause to complain of these things but their real grievances are that the Wards are bred Protestants and the Tanist hindred from intruding into the Estate and the great Lords deprived of their Dependancies and his Majesties Revenue duly Collected and their Licentious Appetites restrained To the Fifth Article they say that all that was given made his Majesty never the Richer for it was spent again upon themselves in defraying the publick charge of the Kingdom and particularly in paying the new Army which was mostly Papists however the Catholicks were so far from being the most forward in granting the Tax that it was first moved by the Protestants and mainly opposed by the Papists both in England and Ireland as his Majesty may remember and they paid it with Luctation and Clamour and never rested till in lieu of it they obtained more Graces from his Majesty than their
Antrim himself confesses to be a Trustee and therefore we may be sure the King wrote sincerely to him ORMOND THough I am sorry for this Occasion I have to send unto you which is the sudden and unexpected Rebellion of a great and considerable Part of Ireland yet I am glad to have so faithful and able a Servant as you are to whom I may freely and confidently write in so Important a Business This is therefore to desire you to accept that Charge over this which you lately had over the former Army the which though ye may have some Reason to excuse as not being so well acquainted with this Lord-Lieutenant as ye was with the last yet I am confident that my Desire and the Importance of the Business will easily overcome that Difficulty which laid aside for my sake I shall accept as a great renewed Testimony of that Affection which I know ye have to my Service So referring what I have else to say to Captain Weemes Relation I rest Edinb 31 Octob. 1641. Your most assured Friend CHARLES R. Lastly The Credential which Burk had was not until the 8th day of February 1641. And that the Reader may see the bottom of this Intrigue I have added it verbatim copied from the Original ORMOND BEing well satisfied of the Fidelity of this Bearer Mr. Burk I have thought fit not only to recommend him to you but also to tell you that I have commanded him to impart to you what I have not time to write which I think will much conduce to the reducing of the Rebels which I know none desires more than your self and so I rest Windsor Feb. 8 1641-42 Your most assured Friend CHARLES R. FINIS ERRATA In the Apparatus Page 2. in margine for tanquam read tantam p. 3. l 28. f. 1643. r. 1642. In the History PAge 12. line 50. for dead read ready p. 21. l. 51. dele of p. 28. l. 23. dele besides p. 29. l. 40. r. returned to p. 44. l. 32. r. May 1628. p. 60. l. 23. f. was r. were p. 66. l. 9. f. his r. this p. 72. l. 42. f. 64. r. 65. p. 73. l. 49. f. trot r. go p. 75. l. 51. f. December r. November p. 77. l. 45. f. their Religion likewise persecuted by the Parliament r. of the same Extraction with themselves p. 86. l. 30. f. October r. December p. 95. l. 46. f. he r. the. p. 98. l. 42. f. alias r. Mac. ibid. l. 39. dele also p. 115. l. 6. f. hundred r. thousand p. 130. l. 6. f. A r. the. ibid. l. 44. r. they will p. 139. l. 37. r. and relieve p. 148. l. 49. f. Jany r. Inny p. 156. f. on r. in p. 175. l. 52. dele the. p. 177. l. 16. f. fifteen r. five p. 192. l. 39. r. for p. 193. l. 20. r. 38. p. 196. l. 30. l. 〈…〉 dele part of the 15th and all the 16th 17th and 18th Lines The Reign of King Charles the Second PAge 3. in margine r. Temerarie p. 6. l. 49. f. Batalia r. Readiness p. 136. l. 51. for all r. good part of the. In the Appendix Page 165. l. 40. f. 1641. r. 1648. p. 209. l. 29. f. was r. were Books printed for and sold by Joseph Watts at the Angel in St. Paul's Church-Yard THE History of Ireland from the Conquest to the End of the Reign of Queen Elizabeth By Richard Cox Esquire the first Part. Folio Chardyn's Travels into Persia and the East-Indies Folio The Trial of the Lord Russel c. Folio Diary of the late Expedition of his Majesty into England Quarto Representation of the threatning Dangers Impending over Great Britain before the coming of their Majesties King William and Queen Mary Quarto Treatise of Monarchy in two Parts By Hunton Quarto Discourse of the Opposition of the Doctrine Worship and Practice of the Roman Church to the Nature Designs and Characters of the Christian Faith By Gilbert Lord Bishop of Salisbury Quarto The True Test of the Jesuits or the Spirit of that Society disloyal to God their King and Neighbour 4 o. Sure and Honest means for the Conversion of Hereticks Published by a Protestant 4 o. The present Settlement vindicated and the late Misgovernment proved In Answer to a seditious Letter from a pretended Loyal Member of the Church to a Relenting Abdicator with the said Letter Quarto Journals of the House of Commons in 1680 and 1681. Octavo Treatise of the Corruption of Scriptures Councils and Fathers By the Prelates and Pastors of the Church of Rome for the maintenance of Popery By Thomas James 8 o. The True Nature of the Divine Law Octavo A Discourse of the Nature Use and right managing the Baroscope or Quick-silver Weather-Glass With the true Equation of Natural Days for the better ordering Pendulum Clocks and Watches By John Smith Octavo Reform'd Devotions in Meditations Hymns and Petitions for every Day in the Week By Theophilus Dorrington Twelves An Earnest Invitation to the Sacrament of the Lord's Supper By Jos Glanvill The 7th Edition 12 o. The Mystery of Iniquity By Dr. Burnet Octavo Serious Reflections on Time and Eternity By John Shower 12 o. Expostulation with the Whigs in Scotland 4 o. The Earl of Rochester's Funeral Sermon 〈◊〉 Likewise Acts of Parliament Proclamations Declarations Orders of King and Council Speeches of the Kings c. in Parliament Pamphlets of all sorts Sermons on all Occasions Trials Narratives and Gazettes c. are sold by the said Joseph Watts A Table of the most Material Passages of this Book Note C 2. signifies that part of this History which contains the Reign of King Charles the Second A. Pag. ANalecta Hiberniae when published 33 Army encreased to 5000 Foot 500 Horse 41 and quartred upon the Country 42 and encreased to 8000 Foot and 1000 Horse more 51 but this Addition disbanded 71 Atherton Bp of Waterford executed 58 Adair Bishop of Killalla deprived and why 60 Athlone surpriz'd by Friar Dillon 170 Assembly General of the Irish sit 123 and make Orders 163 and declare against the Peace of 1646. 185 their Declaration previous to the Peace of 1648. 205 B. Baronets instituted 17 Bishops their Protestation against Toleration of Popery 43 Battel at Gelingston Bridg 82 in County of Wicklow 83 at Swords 87 of Kilrush 106 of Tymachoo 109 of Raconell ibid. of Ross 111 of Ballintober 114 of Rapho 115 of Killworth 129 of Castlelyons 158 of Bemburb 165 of Dunganhill 195 of Knocknanoss 197 of Rathmines C. 2. 7 on Wexford-strand 11 at Macrâ—ome 16 at Skirfolas 24 Knocknaclashy C. 2. 68 C. Cities of Munster rebel 4 5 and submit 7 8 have their Charters renewed 15 Cary Sir George Lord Deputy 9 Chichester Sir Arthur Lord Deputy 9 goes to England 25 and returns successfully 29 and is made Lord of Bellfast 33 Commissioners sent to inspect the Affairs of Ireland 36 their Computation mistaken 37 City of Cork made a distinct County 10 destroyed by Fire 39 Customs
Fitz Girald at Kilkenny Noble Sir I Am now advanced thus far on my way home after my accustomed long fruitlessâ—attendance upon the publick affairs being hopeful that in all this time some good effects would have been produced out of the forward and chearful Resolutions and Endeavours observed in you and many other Noble Persons upon your departure from hence and the good concurrence that was expected from many others well affected to a happy and speedy settlement but after Nine Weeks expectation there hath nothing occurred to my knowledge but the following particulars which I shall distinctly set down both to prevent mistakes in you and clear the aspersions that may be cast upon others 1. By Vote of the Assembly the total rejection of the Peace and of all other both publick and private overtures and undertakings that had relation thereto destroying the only possible means that could have united the Kingdom unto any hopeful way of preservation as affairs now stand in the Kings Dominions 2. A new Union Sworn grounded upon impossible undertakings if not in the Propositions themselves at least in the most material circumstances of securing them thereby excluding all hopes of Peace and setling and confirming a lasting divided Government 3. That being compassed for some seeming satisfaction to those that were drawn into it a plausible shew of some other accommodation was contrived but that being brought up to Dublin by Mr. Doctor Fennel and Mr. Geffery Barron with much assurance given by divers of all the satisfaction that such a change of resolutions could produce there appeared but a Verbal Message of some few general Heads they refusing to give it in Writing or to testify under their Hands what they acknowledgd my Lord Lieutenant took Verbatim from them neither would they assume any Power to make any particular explanations and yet earnestly demanded Resolutions with expedition This unexpected delay and continued uncertainty in such a nick of time after so many former breaches on your parts and so many warnings and true intelligence given you by others of the King 's being delivered up to the Parliament the vast Preparations by them made for Reducing this Kingdom and even those most faithful to his Majesties Service in England as forward as any to joyn therein finding themselves destroyed by the failing of the Peace here and the promised Assistance thereupon Your not long since invading and destroying the only remaining Party Obedient to the Kings Authority the small regard had by you of the approaching dangers and the divisions fomented and still encreasing amongst your selves did by an unavoidable necessity as I conceive beget a resolution in my Lord Lieutenant and those of his Party about Dublin to try some other expedient for their preservation and redemption out of the languishing starving condition they have these many Years with much patience endured and for my own part having long observed the high Affronts and Disrespects put upon my Lord Lieutenant and many other of His Majesty's Ministers and Servants and the largest proportion of Malice cast upon them when they were most industrious in the preservation of the Kingdom hath produced the like resolutions in me to try my Fortune in some other Climate since my Three Years constant expence of time health and fortune for the advantage of the publick hath gained no other recompence than to be Printed against by Declarations Books and several other Papers the Forces of other Provinces poured down upon me to destroy my whole Estate those Forces under my Command thereby inforced to Disband the Officers and all other of my Servants and Followers prosecuted and nothing of means or quarter left me to maintain a Guard of Horse for my own Person my Wife and Family readily permitted to repair to Dublin but no allowance to return all which particulars put together I leave it freely to you to judge whether it be not high time for me to depart when the voice of the Kingdom represented in the Assembly have by a clear implication in their safe conduct declared their desires therein Since my coming hither I have seen some Letters and find much confidence in many that the whole Assembly and Clergy are now united to put a full power into my Lord Lieutenants hands and to make provision for his Lordship and his Party both for subsistence and maintenance of a War to which I may not presume to frame any Judgment at so late an hour of the day but this I conceive is most certain that if it doth not appear suddenly unanimously and clearly with a full power and trust and apparent provision to make it good it will hardly be relied upon and that failing there remains nothing for me to do but in another Country to labour the perfection of Praying as well for my Persecutors as Benefactors amongst the last of which you shall be still acknowledged and remembred by Tecrogham the 15th of March 1646. Your Affectionate Friend to Serve you Clanrickard Appen XXXVIII Articles of Agreement made concluded and agreed on at Dublin the Eighteenth day of June 1647. By and between the most Honourable James Lord Marquess of Ormond of the one part and Arthur Annesley Esquire Sir Robert King Knight Sir Robert Meredith Knight Collonel John Moore and Collonel Michael Jones Commissioners from the Parliament of England on the other part Not signed till the 19th FIrst it is agreed and concluded and the said Lord Marquess of Ormond doth conclude agree and undertake to and with the said Arthur Annesley c. That upon the nineteenth day of this month of June he will leave or cause to be left in the possession of the said Arthur Annesley c. the City of Dublin and all the rest of the places and Garrisons in his power and under his Command and the Ordnance Artillery Amunition Magazines and Stores there and likewise it is further agreed and concluded and the said Lord Marquess of Ormond doth conclude agree and undertake that upon the 28. of July next he will leave or cause to be left in the possession of the said Arthur Annesley c. Or any four of them the Sword and all other Ensignes of Royalty with all other things belonging to the Lord Lievtenant or Leivtenancy of the Kingdom of Ireland that shall be demanded before the said twenty eighth day of July and that in the mean time he will not intermeddle or take upon him to Command in any of the said Garrisons or places 2. Item It is agreed and concluded and the said Arthur Annesley c. do for and in behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond in the behalf of himself and others his Majesties Subjects that all Protestants whatsoever of the Kingdom of Ireland not having been in the Irish Rebellion though they have of late consented or submitted either to the Cessation of Arms or the Peace concluded with the Irish Rebels shall be