Judges of and in such Quo warrantoes 16. By what Law are Jurors that give Verdict according to their Conscience and are the sole Judges of the fact Censured in the Castle Chamber in great Fines and sometimes Pillored with loss of Eares and boared through the Tongue and sometimes marked in the forehead with a hot Iron and other like infamous Punishment 17. By what Law are men Censurable in the Castle-Chamber with the mutilation of Members or any other brand of Infamy and in what Causes and what punishment in each Case there is due without respit of the quality of the Person or Persons 18. Whether in the Censures in the Castle-Chamber regard be to be had to the words of the great Charter viz. Salvo continemento 19. Whether one that steals a Sheep or commits any other Felony and after flieth the Course of Justice or lyeth in Woods or Mountains upon his keeping be a Traitor if not whether a Proclamation can make him so 20. VVhether the Testimony or Evidence of Rebells Traitors protected Thieves or other infamous Persons be good Evidence in Law to be pressed upon the Trials of men for their lives or whether the Judge or Jurors ought to be Judge of the matter in fact 21. By what Law are Faires and Markets to be held in Capite when no other express Tenure is mentioned by his Majesties Letters Patents or Grants of the same Faires and Markets although the Rent or yearly summe be reserved thereout Declarations of the Law made in Parliament upon the Questions propounded to the Judges in a Sessions this present Parliament 1. THE Subjects of this his Majesties Kingdom of Ireland are a free People and to be governed only according to the Common Law of England and Statutes made and established by Parliament in this Kingdom of Ireland and according to the lawful Customs used in the same 2. That Judges in Ireland ought to take the Oath of the Justices or Judges declared and established in several Parliaments of force in this Kingdom and the said Judges or any of them by colour or under pretext of any Act of State or Proclamation or under colour or pretext of any Writ Letter or direction under the Great-Seal Privy-Seal or Privy-Signet from the King 's most Excellent Majesty or by colour or pretext of any Letter or Commandment from the chief Governour or Governours of this Kingdom ought not to hinder or delay the Suit of any Subject or his Judgment or Execution thereupon And if any Letters Writs or Commands from his Majesty or any other or for any other cause to the Justices or other deputed to do the law and right according to the usage of the Realm in disturbance of the Law or of the execution of the same or of right to the parties the Justices and others aforesaid ought to proceed and hold their Courts and process where the Pleas and matters be depending before them as if no such Letters Writs or Commandments were come to them And in case any Judge or Judges Justice or Justices be found in default therein he or they so found in default ought to incur and undergo due punishment according to the Law and the former Declarations and Propositions in Parliament in that Case made and of force in this Kingdom or as shall be ordered adjudged or declared in Parliament and the Barons of the Exchequer Justices of Assize and Goal-delivery if they be found in default as aforesaid It is hereby declared that they ought to undergo the punishment aforesaid 3. The Councel-Table of this Realm either with the chief Governour or Governours or without the chief Governour or Governours is no Judicature wherein any Actions real personal popular or mixt or any Suit in the nature of the said Actions or any of them can or ought to be Commenced heard or determined And all proceedings at the Councel-Table in any Suit in the nature of the said Actions are void especially Causes particularly provided for by express Acts of Parliament of force in this Kingdom only excepted 4. The proceedings before the Chief Governour or Governours alone in any Action real personal popular or mixt or in any Suit in the nature of any of the said Actions are voted upon Question coram non Judice and void 5. All grants of Monopolies are contrary to the Laws of this Realm and therefore void And no Subject of the said Realm ought to be fined imprisoned or otherwise punished for exercising or using the lawful liberty of a Subject contrary to such Grants 6. The Lord Lieutenant Lord Deputy or other Chief Governour or Governours and Councel of this Realm or any of them ought not to imprison any of his Majesties Subjects but only in Cases where the Common Laws or Statutes of the Realm do inable and warrant them so to do and they ought not to Fine or to Censure any subject in mutilation of Members standing on the Pillory or other shameful punishment in any Case at the Councel-Table and no Subject ought to be Imprisoned Fined or otherwise punished for infringing any Commands or Proclamations for the support or countenance of Monopolies And if in any Case any person or persons shall be committed by the Command or Warrant of the Chief Governour or Governours and Privy Councel of this Realm or any of them That in any such Case any person or persons so committed or restrained of his or their liberty or suffering imprisonment upon demand or motion made by his or their Councel or other imployed by him or them for that purpose unto the Judges of that Court of King's Bench or Common Pleas in open Court shall without delay upon any pretence whatsoever for the ordinary Fees usually payed for the same have forthwith granted unto him or them a Writ or Writs of habeas Corpus to be directed generally unto all and every Sheriff Gaol-Minister Officer or other person in whose custody the party or parties so committed or restrained shall be at their retorn of the said Writ or VVrits and according to the Command thereof upon due and convenient notice thereof given unto him at the charge of the party or parties who requireth or procureth such VVrit or VVrits and upon security by his or their own Bond or Bonds given to pay the charge of carrying back the Prisoner or Prisoners if he or they shall be remanded by the Court to which he or they shall be brought as in like Case hath been used such charges of bringing up and carrying back the Prisoner or Prisoners to be always ordered by the Court if any difference shall arise thereabouts bring or cause to be brought the bodies of the said party or parties so committed and restrained unto and before the Judges and Justices of the said Court from whence the said VVrit or VVrits shall issue in open Court and shall then likewise Certify the true cause of such his or their detainor or imprisonment and
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 settled for that if that standeth with your Majesties good pleasure without prejudice to your Majesty or your Majesties Protestant Subjects 10. Pro. That no Lord not estated in the Kingdom or estated and not resident shall have Vote in the said Parliament by Proxie 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 then 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 loose 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 settled 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. Pro. 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. Pro. 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 extrajudiciously 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 aways excercised Jursdiction in some cases ever since the English Government was setled in that Kingdom and is of long continuance in cases of some Nature as the beginning thereof appeareth not which seemeth to be by prescription and hath always been armed with Power to examin upon Oath as a Court of Justice or in the nature of a Court of Justice in cases of some natures and may be very necessary still in many cases especially for the present till your Majesties Laws may more generally be received in that Kingdom and we conceive that Board is so well limited by printed Instructions in your Majesties Royal Fathers time and by your Majesties Graces in the seventeenth year of your Reign that it needeth for this present little or no regulating at all howbeit they humbly referr that to your Majesties great wisdom and goodness to do therein as to Law and Justice shall appertain 13. Pro. That the Statutes of the 11th 12th and 13th years of Queen Elizabeth concerning the Staple Commodities be repealed referving to his Majesty lawful and just Poundage and a Book of Rates be setled by an indifferent Committy of both Houses for all Comodities Answ. The matter of this Proposition is settled in a fitting and good way by your Majesty already as we conceive amongst the Graces granted by your Majesty to your people of Ireland in the Seventeenth year of your Majesties Reign to which we humbly referr our selves 14. Pro. That insomuch as the long continuance of the chief Governour or Governours of that Kingdom in that place of so great eminency and power hath been a principall occasion that much Tyranny and Oppression hath been used and exercised upon the Subjects of that Kingdom that your Majesty will be pleased to continue such Governours hereafter but for three years and that none once employed therein be appointed for the same again until the expiration of six years next after the end of the first three years and that an Act pass to disanul such Governour or Governours during their Government directly or indirectly in Use Trust or otherwise to make any manner of Purchase or acquisition of any Mannors Lands Tenements or Hereditaments within that Kingdom other then from your Majesties own Heirs and Successors Answ. We humbly conceive that this Proposition tendeth to lay a false and scandalous aspersion on your Majesties gracious Government over Ireland and that it toucheth very high upon your Wisdom Justice and Power and under colour of supposed Corruptions pretended to be in the greatest Officer that Commandeth under your Majesty there if he continue so long in his Government as may well enable him to find out and discover the true State of the Kingdom and the dangerous disposition and designs of the Popish party there to prevent him therein and to turne him out from doing Service before or as soon as he is throughly informed and experienced how to do the same and then to hold him excluded so long
thereupon the Court after such retorn made and delivered in open Court shall proceed to examine and determine whether the cause of such Commitment appearing upon the said Retorn be just or legal or not and shall thereupon do what to Justice shall appertain either by delivering bayling or remanding the Prisoner or Prisoners 7. An Act of State or Proclamation in this Kingdom cannot bind the liberty Inheritance possession or goods of the Subjects of the said Kingdom nor alter the Common Law and the Infringers of any such Act or Proclamation ought not to forfeit Lands Leases Goods or Chattels for the infringing of any such Act of State or Proclamation and the Judges of the Law who do vote for such Acts of State or Proclamation are punishable as breakers and violaters of their Oaths of Judges 8. No Subject of this Kingdom ought to be sentenced to death or Executed by Martial Law in time of peace and if any Subject be so sentenced or executed by Martial Law in time of peace the Authors and Actors of any such Sentence or Execution are punishable by the law of the Land for their so doing as doers of their own wrong and contrary to the said law of the Land 9. No Man ought to be punished in the Castle-Chamber or in any other Court for taking a voluntary Oath before Arbitrators for affirmance or disaffirmance of any thing or the true performance of any thing in Civil Causes Nor are the Arbitrators before whom such voluntary Oaths shall be taken punishable 10. By the Laws and Statutes of the Realm no Man is bound or ought to be compelled to acknowledge the offence layed to his charge or the justness of any Censure past against him in the Castle-Chamber or at the Councel-Table nor ought to be detained in Prison or abridged of his liberty or the reducement of his Fine stayed or delayed until he do acknowledg such offence or the justness of such Censure And it is further declared That no such inforced or wrested confession or acknowledgment can or ought to debar or hinder any Subject from his Bill of Reversal or review of any Sentence or Decree past or conceived against him in the Castle-Chamber or in any other Court 11. The Judges of the Kings Bench or Justices of Gaol-delivery or the Judges of any other Court ought not to deny Copies of Indictments of Felony or Treason to the parties indicted 12. The Barons of the Exchequer ought not to raise the respit of Homage above the usual rates appertaining in and by the course and presidents of that Court continued until the year of our Lord God 1637. And the raising thereof since that time was Arbitrary and against the Law And the Barons of the Exchequer ought not to distinguish between the respit of Homage upon any diversity of the true values of the Knight's Fees 13. The Subjects of this Kingdom may lawfully repair into England to repeal to his Majesty for redress of Injuries or for other their lawful occasions And for their so doing ought not to be punished or questioned upon the Statute of 5. of King Richard the second nor by any other Law or Statute of force in this Kingdom eminent Officers or Ministers of State Commanders and Souldiers of his Majesties Army The Judges and Ministers of his Majesties Courts of Justice and of his Highness Revenues and Customes whose attendance is necessary requisite by the Laws and Statutes of the Realm only excepted 14. Deaneries or other Ecclesiastical Dignities of this Realm are not de mero Jure Donative but some are Donative and some Elective and some are Collative according to their respective foundations And the confirmation of the Bishops grants by a Dean de facto having actually stallum in Choro vocem in Capitulo togegether with the Chapter is good in Law 15. The issuing of Quo warrantoes out of the Court of Kings Bench Court of Exchequer or any other Court against Borroughs that antiently or recently sent Burgesses to the Parliament to shew cause why they sent Burgesses to the Parliament and the proceedings thereupon are Coram non Judice illegal and void And the right of sending Burgesses to the Parliament is questionable in Parliament only And the occasioners procurers and Judges in such Quowarrantoes and proceedings are punishable as in Parliament shall be thought consonant to Law and Justice 16. Jurors are the sole Judges of the matter in fact and they ought not for giving their Verdict to be bound over to the Court of Castle-Chamber by the Judge or Judges before whom the Verdict was or shall be given 17. No man ought to be censured in the Castle-Chamber in the mutilation of Members or any other Brand of Infamy otherwise or in other Cases then is expresly limited by the Statutes of this Realm in such cases provided 18. In the Censures of the Castle-Chamber especially regard ought to be had to the words of the great Charter viz. Salvo contenemento c. 19. A Felon who flies the course of Justice and lieth in VVoods Mountains or elsewhere upon his keeping is no Traytor and a Proclamation cannot make him a Traytor 20. The Testimony of convicted or protected Rebels Traytors Felons is no sufficient evidence in Law upon the Trial of any person for his life And the credit of the Testimonie of persons accused or impeached and not convicted of Felony or Treason ought to be left to the Jury who are sole Judges of the truth and validity of the said Testimony 21. The King grants Lands to be held in free and Common Soccage as of a Castle or Mannor by Letters Patents under the great Seal and by the same Letters Patents or by other Letters Patents grants a Fair and Market reserving a yearly Rent or sum without expressing any Tenure as to the said Fair or Market the said Fair or Market is not held by Knights-Service in Capite or otherwise in Capite FITZ GERALD's Edict manifesting the Cause of his Rebellion relating to fol 15. Edictum Illustrissimi Domini Jacobi Geraldini de Justitia ejus Belli quod Hibernia pro fide gerit SI ut bellum aliquod justè geratur tria requiruntur Causa Justa Potestas Legitima Legitimus belli administrandi Modus Haec tria in hoc Bello concurrere jam planum fiet Causa enim hujus belli est dei Gloria Cui externum Sacrificii cultum visibilem Sancti Altaris honorem ab Haereticis impiè ablatum nos restituendum curamus Gloria item Christi Cujus Sacramenta gratiam conferre cum Haeretici blasphemè negent Christi Evangelium ejusdem infirmitatis accusant ob quam lex reprobata fuit Gloria item Ecclesiae Catholicae quam contra Scripturarum veritatem Haeretici aliquot saeculis obscuram mundo ignotam fuisse mentiuntur At in Dei Nomine per Christi Sacramenta sanctificando
be lost in the common Rubbish And I dare not disown those Conjectures the Deserving being to be in everlasting Remembrance Nor hath it in all Ages and amongst the worthiest Persons been esteem'd Pride but Justice to erect Memorials and Altars to Meriting Heroes Though herein I conceive none could be so much concern'd who would have less insisted thereon then my self resolving to be sparing in what I might have been prodigal How contrary soever it may be Conjectur'd by some who pleas'd with the publick breath dare blaspheme those whom they could never wean from their Countries Interest or Religion though as to an utter extirpation which was strongly insisted on by many I may affirm that they whom the Malice of some would traduce were ever so far from that abominating the thought as the Rebels Reformation not their Ruine was their Principal care well distinguishing betwixt the Head and the Train which a most eminent and noble Person just to his Honour ever avouch'd Something 's it may be were not always suited to the just standard of the Law which in such Exigences have ever been indulged though not commanded The preservation of a State being more than the security of a Person And thence Prudence as well as Justice hath been a necessary Attendant on Magistrates No State being so secur'd by her Laws as that something emergent may not require a speedier Help the effect of which if severe being out of the common Road is the Offenders not the State Fault And hereupon a known Instrument of State perfectly experienc'd in that Road excellently well Cautions Not to weigh and measure Statesmen's Proceedings by grains and scruples lest the publick Affairs of a Kingdom lie wast whilst men of Honour and Fortune in medling with them are sure to loose The Rebels by their Pamphlets affirm that few Murthers if any were done till some examples of that nature were acted by the English whereas the contrary plainly appears by those Examinations in the Remonstrance of diverse remarkable Passages concerning the Church and Kingdom of Ireland which cannot be waded whatever R. S. in his Collections of Murthers would insinuate as if that was only framed to win Compassion and Succour from England or scandalize Authority whereas it is clear the Remonstrance was passed on such undeniable Evidences that the Circumstances he takes notice off to justisie his own of Time Place and Persons as if they were not considered in the Remonstrance are generally observed and that on Oath Not encouraged as he would infer from the hurry of the Times and the Examinants Frights but before his Majesties Commissioners a Circumstance this Detractor dare not pretend to what Favour soever he thinks to draw from Cromwel's proceedings Summo Jure in Ireland which was on another score than we shall here insist on and were promiscuously cruel yet those lessen nothing of the Irish Barbarism at First or indeed of their Mercy at Last in stripping the English in so miserable a Season driving them from their Habitations and exposing them to the Woods and Deserts for their Rest and Sustenance such as remain'd being deluded by the Rebels promises and wedded to their own Habitations were generally Massacred Certainly the lingring and sad Deaths which attended many are justly to be accounted the highest Barbarism worse than whatever determin'd in a short time how cruel soever Though some who would be thought Civil and Compassionate think they merit much in not having as they write not others their hands actually imbrued in the Blood of any of the British Protestants of which its believ'd there are but few if any that may be justly intituled to that Clemency However are they not to be accounted equally Guilty who mov'd by the same Councils Subsisted by the same maintenance Whose Victory was their Victory and the Blood shed by One was the consent of the Other Qui non vetat peccare cum possit jubet Especially when they knew of the Villanies that had passed and yet sided with the Party so imbrued and fleshed in Blood No Check being given to that Career when Leinster and Ulster Valence and Brabant agreed However we have contexed in this History few examples of Murthers and Cruelties in reference to the Luxury of the Rebels took in the Scene The effect of whose Malice and Animosity being in truth the Burthen of the whole is not omitted as not abounding in Proofs but because the Martyrology of the Clergy and the Protestants deserve an account a-part Besides though there be some Gleanings of Murthers in Ulster Connaght and Leinster yet the care which was took to register those in Munster hath been obstructed as the others if they had not been early might have been so too However they are not lost though at present confin'd Some Remarks on the Rebels Pamphlets and Pretentions we have coursorarily answer'd Not holding our selves obliged to reply to each Particular else the Volume would swell too big Besides there are many things which in reading an Intelligent Person cannot but blow over with an easie Breath Some are so ridiculous others improbable most without their Circumstances what is fairer Varnish'd we have from their own Principles or their Parties Confession clear'd therein not so much veiling Truths whether for or against us as disclosing their nakedness a deformed Face needs a Fucus The Favourers of that Party insist much on the Parliaments being Prorogued which should have met soon after the Insurrection whereby what they would have presented to the King by way of Accommodation was say they thereby prevented and that the Lords and old English of the Pale who had been constant to the Crown in other Rebellions were by the usage of the State forced to take part with the Ulster Rebels The first of these is in the main discoursed of to which we must add as being an undeniable consequence of their Desires then That their endeavours to meet at that time in Parliament was to no other end but that the Plot having been discover'd whereby they could not strike hands at first with the Northern Rebels without apparent Rebellion which they were willing to screen under fairer pretences They might in Parliament the more solemnly contest with the King for their Religion and Liberty which neither the just Jealousies of the State or the Distractions then could rationally admit of lest meeting in such numbers as a Parliament would colourably bring to Town they might take new Councils the former seeming in some part to be disappointed And as to the Latter the truth thereof is already cleared from Fol. 39. to 42. nor indeed needs there any thing more to be said but what his Majesty C. I. on this subject verified to the Protestant's Agents at Oxford 1644. That what the Rebels pleaded as to this Particular was not his Belief but an Assertion of the Irish And when the Protestant Agents would further have cleared this Point some at Court being apt to blow
always cheerfully receiv'd their Requests and Messages and were ready to comply with them desiring that this their compliance might be entred in the Journal to the end that it might remain to Posterity Having by his Majesties Commission dated the 4th of January 1640. authority to Continue Prorogue or Determine the Parliament as they thought fit which liberty they indulg'd much to the freedom of the Parliament However being resolv'd as the sequel prov'd to pretend any thing rather than not to have some exceptions against the Government the Irish Parliament sent to his Majesty a Declaration therein magnifying the Six entire Subsidies they had given in the 10th year of his Majesties Reign and the Four Subsidies in the 15th year of his Reign pretending moreover that they had been ill presented to his Majesty which was clearly evinc'd to the contrary and several Graces vouchsaf'd them thereupon Amongst other things the State at that time found difficult to do the Disbanding of the new rais'd Army was not the least which the Parliament of England had great jealousies of and besought his Majesty that it should be dissolv'd In answer whereof his Majesty repli'd That the thing was already upon consultation but he found many difficulties in it and therefore told the Parliament He held it not onely fit to wish it but to show the way how it might conveniently be done However in August 1641. it was effectually perform'd for which afterwards the Lords Justices had his Majesties gracious approbation and the Arms and Ammunition were carefully brought into his Majesties Stores by the vigilance of the Master of the Ordnance the Lord Justice Borlase else certainly most of those Arms as well as the Men had been undoubtedly listed in the Confederates Army which many of their Party in the House of Commons in Ireland having an eye to made them so averse to have them Disbanded And the Plot proceeded being so cunningly manag'd by some of the Members of Parliament subtil in their insinuations that many of the Protestants and well-meaning people of the House blinded with an apprehension of Ease and Redress lying under the same pretended Yoak with the rest were innocently decoi'd into their acting violently with them Hence Sir Richard Bolton Lord Chancellor of Ireland was impeach'd of High Treason and others of the prime Officers and Ministers of State were Articled against yea some of the Bishops were not spar'd contrary to all presidents of that nature as was certifi'd by the Lords Justices to the Principal Secretary on search made upon his Majesties commands for that purpose So as besides some of the active men of the House Lawyers Darcy Martin Plunket Cusack Brown Linch Bodkin Evers and others took upon them with much confidence to declare the Law to make new Expositions of their own upon the Text as That killing in Rebellion was no forfeiture of Lands and to frame 21 Queries Which in a solemn Committee of the House Adjourn'd from time to time they discuss'd at their own freedom in the Dining-Room at the Castle disdaining the moderate Qualifications of the Judges who gave them modest Answers such as the Law and Duty to their Sovereign would admit and in stead of them vented their own sense as if the State were then in its Infancy and from them meerly to receive its Constitution as Sir John Temple observes resolving upon an alteration in the Government and drawing of it wholly into the hands of the Natives Sir Phelim Oneal making it plain in his Letters of Triumph to his Holy Confessor That his purposes were Conquest and not defence of Religion his Majesties Prerogative or their Liberty No! No King of England writes Mahony a Jesuit nor Crown nor People nor state of that Kingdom having at any time any kind of Right to the Kingdom of Ireland or any part thereof that the English Title to it was but meer Usurpation and Violence and that therefore the old Natives i. e. the meer Irish might chuse and make themselves a King of one of their own Irish and in the then Circumstances of Charles the First of England ' s being a Heretick ought i. e. were bound in Conscience to do so and throw off together the Yoak both of Hereticks and Foreigners Which Tenents being roughly drawn the Confederate Irish seem'd afterward to condemn forsooth in a Council of their own at Kilkenny Yet it is very observable and that from Walsh himself who says He can never forget it having extraordinary great admiration thereat That there was not one in the National Congregation met by an extraordinary favour the 11th of June at Dublin 1666. that open'd once his mouth for confession of any Villanies committed against the King at any time in the late Rebellion or Civil War or even to speak a word for so much as a general Petition to be exhibited to his Majesty imploring his Majesties gracious Pardon Notwithstanding the first Rebellion 1641. and what follow'd upon the Nuncio's access and the violation of the first Peace 1646. and the Nuncio's Censures against the Cessation with the Lord Inchequin and the Peace 1648. And the Declaration and Excommunication of the Bishops as James-Town 1650 against the Lord Lieutenant the Marquis of Ormond and those who obey'd him Emphatically enough exprest by P. W. No. 1. He enforces this Argument further There was no crime writes he at all committed by All or any of the Roman Catholick Clergy of Ireland nor even at any time nor in any occasion or matter hapen'd since the 23d of October 1641. that needed Petitioning for Pardon either for themselves or any other of the Irish Clergy if we must believe the Bishop of Ardagh Patrick Plunket pleading for them in so express terms and the tacit approbation of his words by the universal silence of that Assembly In pursuance of which the Protestant Commissioners of Ireland in their Answer to the Objections the Rebels Agents put in against the Preamble of the Bill of Settlement took notice that in the whole Volume of Papers which were put in by the Catholicks about that Affair there was not one grateful Acknowledgment or so much as one civil mention of his Majesties singular Condescention They having the favour to inspect that Act of Settlement and object as they pleas'd as if all his Majesty could do for them were no more than he ought And further it is these Commissioners observation That in all the Irish Papers they do not own the slaughter of so many thousands to be a Rebellion or once give the Title of Rebels to those who were the first Agents in that horrid and bloody Massacre which being not acknowledged by them more easily absolves the rudeness of their Ingratitude for his Majesties favours And a Person of Honour in his Animadversions on Fanaticism who deserves much for his excellencies in the case takes notice That no Catholick ever made any profession against the Rebellion or manifested his detestation or dislike of
rest to disobedience that they adjudged them less worthy of favour than the others whom they had misguided And therefore for those principal Persons they required them to take care not to be too forward without first consulting the Counsel-board in proffering or promising mercy to those unless they the said Commissioners saw it of great and unavoidable necessity They likewise writ to the Lords Presidents of Munster and Connaght advising them to be upon their Guards And that several of the Catholick Communion might not say but that they also were confided in the Lords Justices who were willing to continue all proofs imaginable of their confidence in them gave in November several Commissions of Government to the Lord Gormanston in Meath the Lord Mountgarret in Kilkenny Nicholas Barnewell in Dublin Walter Bagnall in Caterlagh the Lord Lowth in Lowth Sir Thomas Nugent in Westmeath Sir Robert Talbot in Wickloe the two Sir Dillon's in Longford and several others as well in Munster as Connaght and Ulster who contrary to the trust reposed in them not forbore to protect or endeavour'd to reduce any but soon after joyn'd with the Rebels and prov'd as violent if not worse against the Protestants as those who first appear'd in the Rebellion And because the Times required something extraordinary beyond the course of Common-Law the Lords Justices and Councel gave several Commissions of martial-Martial-Law to the prime Gentlemen of the Pale all Roman Catholicks as to Henry Talbot in the County of Dublin John Bellew Esq in the County of Lowth Richard Dalton and James Tuit Esq in the County of Westmeath Valerian Wesley in the County of Meath James Talbot in the County of Cavan And understanding of Sir O-Neal's proceedings in Ulster the only person remaining of nearest alliance to the Earl of Tyrone how that he had surprized Charlemont where the Lord Caufield lay with his Foot-Company afterwards basely butcher'd by him the Lords Justices endeavour'd to reduce many to their obedience But the root of their Design being deeplier laid than on threats or encouragements to frustrate their hopes the Lords Justices hourly endeavour'd to fortifie his Majesty's Interests wih the most powerful Forces they could raise But in the interim the Magistrates of the City of Dublin perceiving great numbers of Strangers to come to Town from several Parts lingring in the Suburbs and Fields to the terror of the Inhabitants they repair'd to the Councel Board with much fear and astonishment beseeching the Lords Justices and Councel to inhibit the same lest the concourse of people promiscuously gathering in such a crowd might threaten the security of the City Whereupon their Lordships considering somewhat more than ordinary must necessarily be done in such an exigence caus'd some to be apprehended and immediately publisht a Proclamation in his Majesty's Name commanding all Persons not Dwellers in the City and Suburbs to depart within an hour after publication thereof upon pain of death in the interim and afterwards receiving all who applied themselves to the Lords Justices with singular friendship and integrity But the Magistrates growing still jealous of the concourse of people applied themselves again to their former refuge Whereupon the State that the Inhabitants might receive no dis-encouragement who were like to bear the brunt of all Taxes Levies and Supplies the 28th of October publisht a Proclamation to the same intent with the former with the penalty of death to such as wilfully harbour'd them However the Insolencies of the Rebels threatning even Dublin it self most of the prime Gentry of the County Justices of Peace looking on in all places and giving way to those hateful actions the State having intelligence from Dr. Jones a Service very remarkable that during his imprisonment amongst the Rebels at Cavan which ripen'd his integrity highly improv'd to the Service of the State they intended to besiege Tredath the Lords Justices the better to divert them from Dublin appointed Sir Henry Tichborn Col. and Governour of that Town Sir Faithfull Fortescue the former Governour finding Supplies not hastned with that speed he desir'd having resign'd up his Commission not being willing to lose his Reputation though he was forward enough to hazard his Person So the Lords Justices designing the said Sir Hen. Tichborn a Company of Foot and to compleat his Regiment order'd Sir John Borlase Junior Capt. Lt. Col. Byron Capt. Lt. Col. Wenmond Capt. Who though they had been all in former Employments Field-Officers yet out of their zeal to the present Service came as private Captains Jacob Lovell Serjeant Major who died in the Siege Capt. Chichester Fortescue Capt. William Willoughby Capt. Edward Billingsley Capt. Lewis Owens Capt. John Morris to associate him These they sent from Dublin the 3d. of November who happily arriv'd at Tredath the 4th having been enabled thereunto by 3000 l. most opportunely in the hands of the Vice-Treasurer intended before the Rebellion for the satisfaction of a publick Engagement in England Besides these there was sent Troops under Capt. John Slaughter Lt. to Sir Thomas Lucas Commissary-General Thomas Greimes Lt. to Sir Adam Loftus besides others which in their due time may be taken notice of These being gone to Tredath Sir Charles Coote had a Commission for a Regiment of the poor stripped English so likewise had the Ld. Lambert A little while after arriv'd from England Sir Thomas Lucas who commanded a Troop compleated with such Men as he found there also Capt. Armstrong rais'd a Troop Capt. Tardner soon after landed Lt. to the Ld. Lieutenant's Troop all very considerable not long after Col. Crafford came over also and bringing with him Letters from the Prince Elector then attending his Majesty in Scotland also rais'd a Regiment of the Townsmen and the poor dispoil'd English The State at that time had store of Arms and Ammunition by which these Souldiers and the rest were seasonably furnisht though as I have took notice what in confidence of the Loyalty of the Pale the Lords Justices had furnish'd many of the Lords and Gentlemen of Quality with were either slenderly if ever restor'd or made serviceable against his Majesty Yet for all this the Outrages of the Rebels still increasing adding to their Cruelties a pretended Commission under the Great Seal of Scotland from the King bearing date at Edinburgh the first of October 1641. though in his Majesty's Declaration to the Parliament's Resolution of no further Addresses it appears That the Scot's Great Seal which is said thus to be made use of had for many months before and after that date never seal'd any thing of which notwithstanding Sir Phelim O Neal and Rorie Mac-Guire from the Camp at Newry the 4th of November following gave notice to their Confederates within the Kingdom of Ireland incloseing in their Letters a Copy of the Commission a Copy of which is extant but so improbable as it needs an expiation to mention it the Lord Mac-Guire equally privy to all Transactions
cruel and inhumane outrages and acts of Hostility within this Realm The said Lords and Commons in Parliament assembled being justly mov'd with a right sense of the said disloyal rebellious proceedings and actions of the Persons aforesaid do hereby protest and declare That the said Lords and Commons from their hearts do detest and abhor the said abominable actions and that they shall and will to their uttermost power maintain the Rights of his Majesties Crown and Government of this Realm and the peace and safety thereof as well against the persons aforesaid their Abettors Adherents as also against all Foreign Princes Potentates and other Persons and attempts whatsoever And in case the Persons aforesaid do not repent of their aforesaid Actions and lay down Arms and become humble Suitors to his Majesty for Grace and Mercy in such convenient time and in such manner and form as by his Majesty or the Chief Governour or Governours and the Council of this Realm shall be set down The said Lords and Commons do further protest and declare That they will take up Arms and will with their Lives and Fortunes suppress them and their attempts in such a way as by the Authority of the Parliament of this Kingdom with the approbation of his Excellent Majesty or of his Majesties Chief Governour or Governours of this Kingdom shall be thought most effectual Copia vera exam per Phil. Percivall Cleric Parliament And after that the Parliament had sate two days to whom the Lords Justices had imparted his Majesties gracious intentions not to depart from any his former favours promised to them for setling their Estates who should remain faithful and Loyal and that the Lords Justices had shorten'd the Prorogation to the 11th of January the Lord Viscount Costelough impower'd by the Lords went for England not long before having been sworn a Privy Counsellor in Ireland even since the Rebellion with whom the Lord Taaff also embarck'd having before presented to the Lords Justices and Council from many of the Gentry and Inhabitants of the County of Longford in Rebellion a rebellious and scandalous Letter in the nature of a Remonstrance full of pretended Grievances and unreasonable Demands as namely to have freedom of Religion a Repeal of all Laws made to the contrary and the like Upon the information of which especially that there should be a toleration of the Popish Religion in Ireland it was resolv'd on the 8th of December 1641. upon solemn Debate by the Lords and Commons in the Parliament of England That they would never give consent to any Toleration of the Popish Religion in Ireland or in any other his Majesties Dominions Which Vote hath been since adjudged a main motive for making the War a cause of Religion consequently of calling in Foreign Princes to their aid and assistance which before ever this Vote past to ground the least pretence thereupon the Irish made Religion the principal end of their Insurrection and this Proposition was as you see one of the first to be demanded which gave the Parliament a cause for the Vote fore-mention'd In pursuance of which Sir Benjamin Rudyard whom the cause ever made eloquent thus delivered his sense Mr. Speaker PEradventure I could have wish'd that Toleration of Religion had not at this time come in question but now it is brought on the Stage I am brought to the Stake When Religion is so nearly concern'd I love not to take any Civil or Politick respects into consideration Reason of State hath almost eaten up all the Laws and Religion of Christendom I have often heard it discours'd whether we should make Religion an Argument of any of our undertakings abroad wherein the wiser sort have been very nice and tender believing that the over-number of Papists would overwhelm us yet I have been long of opinion that our Attempts and Assistances have so often miscarri'd because we have not boldly and publickly avowed our Religion It may be God thinks we are too many who can conquer as well with few as with many Shall the Irish now make their Religion the cause of their Rebellion and shall we be asham'd or afraid to maintain our Religion in reducing them to their Duty and Obedience God will not honour them who do not honour him Let us remember that expostulation in the Chronicles Why transgress ye the commandments of God so that ye cannot prosper This is a great transgression to shrink from God in his truth When we deny the Irish a Toleration we do not withdraw the eases and favours they have heretofore enjoy'd Greater I am sure than they would afford us if we were in their power Wherefore Mr. Speaker let us uphold our Religion and trust God with the success Upon which and other motions thereupon the Vote mention'd proceeded without dispute and that the cause thereof might appear we shall refer you to the Longford Letter it self What reception it had at the Council-board may easily be conceiv'd by these Lords speedy repair into England who afterwards centred in that which in time brought on a Cessation of Arms with the Rebels in its own place to be spoke of The Lord Dillon upon his coming into England was seiz'd on by the Parliament and his Papers rifled according to a Vote in Parliament the 3d. of November which by the Confederates was look'd upon as a heinous crime though the discovery of the Concerns in Ireland as well as the management of the War were entrusted to the English Parliament so no crime in them But he escaped from them at last and went to the King having in his private Instructions orders to move that no Forces might be sent over out of England but that the whole work might be left to the Remonstrants and that they would then undertake to suppress the Rebels themselves In the interim we must not omit that some of both Houses of Parliament in Ireland lately met but now Prorogu'd were appointed to treat with the Rebels So they receiv'd their Instructions from the Lords Justices who were to impower them under the great Seal thereunto But instead of any happy effects thereon the Rebels were so puffed up with their Victories over the poor surpriz'd unresisting innocent English as they barbarously tore the Order of Parliament together with the Letter sent unto them promising themselves success and Dominion in all their Attempts By this time the State had receiv'd an Answer from the Lord Lieutenant of the Account they had given him of the Rebellion wherein he certified the Lords Justices that he understood his Majesty had receiv'd some Advertisements out of the North of Ireland of the present Rebellion and that the Business of Ireland might not suffer by his stay in Scotland which was somewhat longer than he expected his Majesty had refer'd the whole Business of Ireland to the Parliament of England who after a most serious and solemn information of this horrid Plot by a select Committee
Walls of Cork with great Forces not far from whence the Confederates promising General Garret Barry with the consent of his Council of War the Lord Muskery and others planted his Camp at Rochforts Town holding thereby Cork in a manner besieg'd on the North-side whilst my Lord Roch the Lord of Ikern Dunboin the Baron of Loghmo Mr. Richard Butler with the Tipperary Forces were drawing down on the South till by the valour of those few English then in Town viz. the Lord Inchiquin Col. Vavasor and 400 Musketeers and 90 Horse they were beaten off with the loss of 200 of their Men their Tents and whole Bag and Baggage being taken In the whole Service Sir William St. Leger as long as he had health was active with the meanest Officers of the Army doing many times a private Soldiers duty as well as a careful Generals But finding at length the Rebels multitudes to increase and his Men to decay even in being victorious and the Supplies of Men and Money with Provisions which he expected out of England to come over very slowly and far short of what the necessities of that Province required well understanding too the difference then in England betwixt his Majesty and the Parliament and what were the designs of some putting fair Glosses on the Rebellion of Ireland which his Soul apprehended as one of the most detestable Insurrections of the World These things so troubled his Spirit as being discouraged in the desperate undertakings necessity and the honour of his Nation put him daily upon so deep an impression fixed in his mind as the distemper of his body increasing he wasted away and died at his house at Downrallie four miles from Cork in the County of Cork 1642. and was there buried a little before whose death he writ the second of April 1642. a most significant Letter to the Lord Lieutenant touching the Affairs of that Province and his utter detestation of the Rebels Remonstrance sent him after a motion made for a Cessation which he would have seconded with further testimony of his aversion to their insolency as would have tended much to their dis-encouragement had he been enabled with any reasonable strength so to have done The Command of the Forces in this Province was after the death of Sir William St. Leger for the present by the Lords Justices and Council committed to the Lord Inchequin who had married his Daughter and during his Father in Law 's life had shewed himself very forward in several Services against the Rebels He was a meer Irish-man of the antient Family of O-Brian's but bred up a Protestant and one that had given good testimony of the truth of his Profession as his hatred and detestation of his Countrey-mens Rebellion and having match'd into the Lord President 's Family was held the fittest Person to cast the Command upon till there were another Lord President made by the King or he confirm'd by his Majesty in that Province In the mean time the Lord Inchequin takes some opportunity and having beaten the Rebels Forces at the Battel of Liscarrol in the County of Cork got great reputation by that action The Battel was fought on Saturday the 3d. of September 1642. in which on the English Party was kill'd Lewis Boyle Lord Viscount Kynalmeaky second Son to the late Earl and Brother to this of Cork who behav'd himself most nobly in that Expedition and was buried at Youghall in his Fathers Tomb. And on the Irish side was slain Captain Oliver Stephenson Grandson of him who in the Reign of Queen Elizabeth had done eminent service in the Wars against the Earl of Desmond And afterwards the Division increasing in England the sending over a new Lord President was neglected so as the Lord Inchequin continu'd in the Government managing affairs there sometimes for the King against the Parliament sometimes for the Parliament against the King as he conceiv'd might bring on the absolute settlement of that Government upon himself of whom we shall speak more hereafter And now having shewed you the effects of the English Courage strangely reviv'd and managed against the Rebels it will be seasonable to acquaint you by what means the Forces there have been animated to so eminent a Service You have already read the generous resolutions of the Parliament in England upon the first discovery of the Rebellion as the encouragement his Majesty gave them upon his first and second appearance in the House of Lords after his return from Scotland And you have read if it would have been admitted how he would have adventured his Royal Person thither and have rais'd 10000 English Volunteers speedily for that Service if so the House of Commons would have declared that they would pay them which would not be accepted but instead thereof the 24th of January following the Town and Castle of Carickfergus were advised by the two Houses to be given in Command and Keeping to the Scots 2500 of which were to be transported thither and paid by England so as to be accountable according to their Order the 22. of Jan. to the King and Parliament and the Lord General in his Place for all their actions in that Service Which his Majesty was loath to grant as prejudicial to the Crown of England and employing too great trust for Auxiliary Forces Though at the importunity of the Parliament it was so setled at Windsor the 27th of January 1641. But what service the Scots did in those Parts more than subsist by English Pay deserves an enquiry It will now be convenient to acquaint you that after many necessary Propositions to the King from the Parliament passionately affected with the miseries of Ireland it was in the Petition of the House of Commons December the first mov'd That his Majesty would be pleas'd to forbear to alienate any of the Forfeited or Escheated Lands in Ireland which shall accrue to the Crown by reason of this Rebellion that out of these the Crown may be the better supported and some satisfaction made to his Subjects of this Kingdom England for the great Expences they were like to undergo in this War To which his Majesty answer'd That concerning Ireland he understood their desire of not alienating the forfeited Lands thereof to proceed from their much care and love and likewise that it might be a Resolution very fit for him to take But whether it be seasonable to declare resolutions of that nature before the event of a War be seen that he much doubted Howsoever we cannot repli'd his Majesty but thank you for this care and your chearful Engagement for the suppression of that Rebellion upon the speedy effecting whereof the Glory of God in the Protestant Profession the safety of the British there our Honour and that of the Nation so much depends all the Interests of this Kingdom being so involv'd in that business We cannot but quicken your affections therein and shall desire you to frame your
of by the two Houses of Parliament in England The publication of which with the Articles and his Majesties Motives thereunto you may read in his Majesties Works from fol. 353. to 365. In confirmation of which the Lords Justices and Council issued out a Warrant to the Lord Chancellor to draw Letters of Confirmation under the Great Seal of Ireland which accordingly bore date the 26th day of Septemb. in the 19th year of his Majesties Reign And to express the necessity thereof many Persons of Quality sign'd the said 15th of Septemb. 1643. a Writing therein concluding it necessary for his Majesties Honour and Service that the Lord Marquis of Ormond should assent to a Cessation of Arms though some of these afterwards joyning with the Parliaments Forces resolved to die a thousand deaths rather than to descend to any Peace with the perfidious Rebels but stuck not at length to that Protestation altering as the Scene chang'd Whilst the Cessation was in agitation at Sigginstown the Consequences of dissolving the Parliament were not the least in consideration at the Council-board nor was there any thing more desired by the Rebels who thereby hoped to be re-seated in a new Parliament which they question'd not to manage to their own ends and advantage Wherefore that the State might still steer by the same Compass they had hitherto done they committed the Case to the Judges who unanimously agreed upon the following Reasons for its continuance May it please your Lordships ACcording to your Lordships Order of the xi of September 1643. we have considered of such inconveniencies as we conceive may arise to his Majesty and his Service as Affairs now stand if this present Parliament should be determin'd and have reduc'd the same to writing which we humbly present to your Lordships further consideration The greatest part of the Free-holders of this Kingdom are now in actual Rebellion whereby his Majesty ought to be justly entituled to all their Estates both Real and Personal this cannot be done but by their Conviction and Attainder either by course of Common Law or by Act of Parliament By course of Common Law it will be very difficult to be effected for these Reasons following First Those who are indicted in most of the Counties of this Kingdom cannot be Attainted by Outlawry by reason that the Sheriffs of those Counties by occasion of the present Rebellion cannot keep their County-Courts to Proclaim and make due Return of the Exigence Nor can they be Attainted by Verdict for want of Jurors most of all the Free-holders in the Kingdom being now in Rebellion Secondly Those that are not Indicted or those that are already Indicted and in Prison or upon Bonds cannot be proceeded against Legally at the Common Law for want of Jurors because as aforesaid most of the Freeholders are in Rebellion Therefore of necessity those Persons must either not be Attainted at all or onely by Act of Parliament which is scarce possible to be effected if this present Parliament be Dissolved or Discontinued for that upon a new Parliament to be Summon'd the Knights and Burgesses must be Elected by the Free-holders and Inhabitants respectively most whereof are in Rebellion And yet the present Parliament will be discontinued unless a Commission under the Great Seal of England to the now Lords Justices or other the Chief Governour or Governours for the time being be here before the 13th of November next being the day of Prorogation for the beginning of the next Session of Parliament to enable them to continue this present Parliament the last Commission for the continuance thereof being onely to the Lords Justices one whereof is since remov'd Unless the Parties now in Rebellion being Legally Attainted which cannot be here as is aforesaid as the case now stands but by Act of Parliament his Majesty cannot have power to dispose of their Estates as in his wisdom he shall think fit either for the increasing of his Revenues or for the Peaceable establishment of this Common-wealth and indifferent Administration of Justice therein Rich. Bolton Cancell Geo. Shurly Gerrard Lowther Ja. Donnalon Sa. Mayard The Cessation as yet not being known to his Majesty the Lords Justices and Council received a Letter from him at the Camp at Matson near Gloucester of the 4th of Septemb. passionately resenting the sufferings and complaints of the Officers who upon all occasions had a tender affection in his breast And to the end they might not be frustrated of their Arrears he commands their Debentors should be respectively sign'd that they might take an effectual course to be paid the same by the Two Houses of Parliament that engaged them And left there should be any defect in acknowledging of their Merits who had so faithfully ventur'd their lives for his Majesties Service he is yet further pleased to provide for their Encouragement and Entertainment who upon the Cessation were now free to serve him though as yet he knew not of its conclusion but by the Contents of the following Letter seem'd to expect it giving particular Orders for the management of Affairs upon that occasion C. R. RIght Trusty and Well-beloved Counsellors and right Trusty and intirely Beloved Cousin and Counsellor We greet you well Whereas not onely the great neglect of the Affairs of that Our Kingdom by the remaining part of our Houses of Parliament who pretended so great care of it but their impious preventing all Supplies destin'd to their Relief by Our Authority which did ever most readily concur to any Levy of Men Money or any other Work in order to the Assistance of Our Protestant Subjects there and employing the same in an unnatural War against Us their Liege Lord and Sovereign hath reduc'd our Army in that our Kingdom into so heavy straits that out of Our Care of the preservation of them who so faithfully ventur'd their Lives for Our Service We were brought to condescend to a Treaty for a Cessation of Arms Our Will and Pleasure is and We do hereby Charge and Command you that in case according unto the Authority given unto you by Us you have agreed upon a Cessation or as soon as you shall agree thereupon you or any two of you do immediately consider of and put in execution these Our following Commands 1. That you agree upon what number of Our Army will be necessary to be kept in Garrison there for the maintenance of the same during the time of the Cessation and what Soldiers they shall be and what Persons shall command the same and that you settle them accordingly in that Command as shall appear to your discretion to be most conducing to our Service 2. That you do consider and advise of the best means of Transporting the rest of Our Army in that Our Province of Leimster excepting such as are to be kept in Garrison in Our Kingdom of Ireland and to that end We do hereby give you or any one of you full Power and Authority to hire all
1652. The first Court of this nature whereof Justice Donnelan an Irish Native was President and Commissary General Reynolds and Justice Cook Assistants was at Kilkenny the 4th of October where the Supream Council of the Rebels sate in 1642. The Lord Lowther's Speech at the Opening of the High Court of Justice at the Trial of Sir Phelim O Neal. YOu have well understood how that by this Commission which hath now been read the Right Honourable the Commissioners of the Parliament of the Common-wealth of England for the Affairs of Ireland by vertue of the Power and Trust committed to them have here erected constituted and appointed a High Court of Justice And have constituted and appointed Persons therein nominated or any 12 or more of them to be Commissioners and Judges of the said Court And have authorized them to make inquisition for Blood and that in three main Points 1. To hear and determine all Murthers and Massacres of any Protestant English or other Person or Persons whatsoever within this Nation done or committed by any Person or Persons whatsoever both principal and accessaries who since the 1st day of October 1641. have killed slain or otherwise destroyed any Person or Persons in Ireland which at the time of their being so killed slain or destroyed were not publickly entertained and maintained in Arms as Officers or private Souldiers for and on the behalf of the English against the Irish. 2. To hear and determine the Charges Crimes and Causes of all and every Person and Persons both principal and accessaries who since the said 1st day of October 1641. have killed or destroyed any Person or Persons entertained or maintained as Officers or private Souldiers for and on the behalf of the English against the Irish the said Person so killing or destroying not being then publickly entertained and maintained in Arms as Officers or private Souldiers under the Command and Pay of the Irish against the English 3. To hear and determine the Charges Crimes and Causes of all such Persons that have killed or slain or otherwise destroyed any Person or Persons after Quarter given contrary to the Rules of War And to bring to Trial Judgement and condign punishment the Principals and Accessaries to those Crimes that is to say the Actors Contrivers Councellors Advisers Promoters Abettors Aiders and Assisters of any the said Murthers Massacres or killing after Quarter given contrary to the Rules of War This Commission doth likewise furnish the Commissioners with all necessary Powers requisite for this great Service and necessarily conducing to these Ends. By this Commission we may well observe for the comfort of all the good and faithful People of this Land the Justice and Wisdom of the High Court of Parliament of the Common-wealth of England and of their Right Honourable Commissioners here for the Affairs of Ireland 1. Their Justice in bringing these Crimes to Trial. 2. Their Wisdom in ordering this honourable just and equal form of Trial. 1. Their Justice and zeal of Justice appears in this That in all their Treaties and Articles concerning Ireland they would never admit of any the least hope of impunity for these barbarous and cruel Murthers and Massacres and breach of Quarter nor of any thing that might give impediment unto the faithful and impartial inquisition after all that innocent Blood which the merciless Murtherers have wickedly shed in this Land 2. Their Justice and zeal of Justice appears in that they have omitted nothing too dear to them But have with admirable charge resolution and contancy overcome all hazards and perils and have with a vast expence of English Blood and Treasure prosecuted this War which was but an execution of Justice to this conclusion and effected this fair and impartial inquisition for innocent Blood to put away innocent Blood from the Land for our righteous God the righteous Judge of Heaven and Earth hath revealed it in his holy Scripture that he will not have such wickedness to pass without condign punishment For there are three things which the Lord hates viz. Oculos sublimes Linguam mendacem Manus effundentes innoxium sanginem Prov. 6. 17. Their Wisdom appears in this 1. In that as good Husbandmen they prepare the re-plantation of the Land by rooting out the noisom Weeds that always would over-grow and destroy the good Corn as we have found by sad Experience And certainly both in Religion and Prudence it is undoubtedly necessary to clear the Land by Justice of this innocent Blood the innocent Blood of Christians most wickedly and cruelly shed upon the Land against the Laws of God and Man of Nature and of Nations the Laws of the Land and the Rights and Rules of War and the Bonds of Humanity and humane Society 2. In ordering this form of Trial by an High Court of Justice for the impartial inquisition trial and condign punishment of these Murthers Massacres and breach of Quarter For 't is manifest to any Man of sound judgement and right knowledge in the Law That that ancient and excellent Trial at the Common Law by Juries Freeholders of the proper Counties and Hundreds or Baronies where the Facts were done was neither convenient nor possible for the decision of these Causes as the present Constitution of the Common-wealth now is Where now can these numbers of indifferent Jurors be had Liberi legales Homines free from all exceptions and challenges out of which the Juries may be equally impannell'd for the trial of the Prisoners that are or shall be charged with these Crimes How can all the effectual Forms absolutely requisite to that Trial be observed in all these Cases if we do but consider the legal Challenges both for the Common-wealth and for the Prisoners to the Array to the principal Pannel to the Pales the peremptory Challenges the Challenges for Causes inducing favour or affection hatred or enmity or for Crime and how in that course could rightly be the Trial of the Articles of War So that that course of Trial not being now apt for the decision of these Causes The Commissioners of Parliament have in wisdom and prudence erected and constituted this Fair Honourable Equal and Indifferent course of Trial by erecting an High Court of Justice for the hearing and determining of these Causes Wherein are Soldiers for the Articles Rules and Laws of War Judges for the knowledge of the National Laws others that have Cognizance of the Civil Laws and other Men of great Experience Reason and Judgment and all of them Men of Honour and Integrity to be the Triers and Judges in these Cases Having thus far opened the Commission and manifested this form and course of Trial to be Honourable Just and Equal I conceive it requisite a little to consider the Laws against Murther which are to be as Land-marks and Guides to direct and lead us in the right way of Judgment in this great Work and Service Let us take a brief view of the Laws of God held forth
unto us in the holy Scriptures and of the other Laws against Murther And herein consider first The Law against Murther in the beginning in the infancy of the World before the Flood a general Deluge over the World The Law against Murther immediately after the Flood The Moral Law of God The Judicial and Political Law of the Jews The Law under the Gospel The Law of England The Law of Ireland Jus Belli the Law of War This same horrid sin of Murther this Devil crept into the World it began in the beginning what can expulse this Devil We find in the holy Scriptures that the Devil was the first Murtherer and Lyar and that he is the Father of Murtherers and Lyars The unbelieving Jews bragged they had Abraham to their Father and yet they sought to kill Christ whereupon our Saviour tells them that they are of their Father the Devil and the lusts of their Father they will do He was a Murtherer from the beginning and abode not in the truth because there is no truth in him When he speaketh a Lye he speaketh of his own So that from hence the Lyars and Murtherers take their beginning and from hence these inseparable Twins make and derive their Pedigree and Descent from the Devil viz. He was a Lyar and a Murtherer from the beginning and he is the Father of Lyars and Murtherers The first and eldest of these in the Stock and Progeny was Cain Non sicut Cain qui ex maligno erat occidit fratrem suum propter quid occidit eum quoniam opera ejus maligna erunt fratris autem ejus justa And therefore John saith Not as Cain who was of that wicked one and slew his brother and wherefore slew he him because his own works were evil and his brothers righteous Wo unto them saith he for they have gone in the way of Cain This way of Cain is chalked out unto us in the beginning of the holy Bible Gen. 4. 8. that he talked with his brother Abel and it came to pass when they were in the field that Cain rose up against Abel his Brother and slew him As soon as this innocent Blood was shed upon the Earth the cry thereof ascended up to Heaven And the Lord said to Cain What hast thou done the voice of thy Brothers blood crieth to me from the ground Gen. 4. 10 11. And now thou art accursed from the earth which hath opened her mouth to receive thy Brothers blood from thy hand When thou tillest the ground it shall not henceforth yield unto thee her strength a fugitive and a vagabond shalt thou be in the Earth The Learned Divines observe upon the Text that whereas our Translation is The voice of thy Brothers blood crieth unto me the Original is The voice of thy Brothers bloods in the Plural Number for in killing Abel he did not onely kill him but also all that posterity the whole Line that should have descended from Abel and therefore thy Brothers bloods crieth unto me from the ground It is not the single blood as one of the murthered that crieth for vengeance but even the blood of all that Posterity as should have descended from him crieth to Heaven for Vengeance against the Murtherer We find this innocent blood of Abel shed in the begining of the World still in remembrance uttering her voice in the highest strain and crying against Murtherers even to the Worlds end Our Saviour denouncing several woes against the Scribes and Pharisees tells them that they should kill the Prophets that should be sent unto them that on them may come all the righteous blood shed upon the earth even from the blood of righteous Abel unto the blood of Zacharias son of Barachias whom they slew between the Temple and the Altar By faith Abel offered unto God a more acceptable Sacrifice than Cain by which he obtained witness that he was righteous God testifying of his gift and by it he being dead yet speaketh And we are come to Jesus the Mediator of the New Testament and to the blood of sprinkling that speaketh better things than that of Abel The blood of righteous Abel is still in remembrance and yet speaking And in the latter end of the Bible Revel 6. 9 10. we find the Souls of them that were slain for the testimony of Jesus under the Altar crying with a loud voyce How long O Lord holy and true dost thou not revenge our blood on them that dwell on earth So that the blood of righteous Abel and all the innocent blood shed on the Earth yet speaketh and still crieth for vengeance and justice against the Murtherers And to conclude the Case of Murther before the Flood we find that one of the main causes which provoked Gods wrath and brought that great destruction of the whole World by Noah's Flood was because the earth was filled with violence Gen. 6. 11 18. And will not that which destroyeth the whole World over-whelm these Nations if they be not purged by Justice The Law against Murther after the Flood Now because the Old World perished through violence God in his new re-establishment of the World provided against violence and for the preventing of Murther ordered this to be one of his first Fundamental Laws Surely the blood of your lives will I require at the hands of every beast will I require it and at the hands of man and at the hands of every mans brother will I require the life of man Ver. 6. Whoso sheddeth mans blood by man shall his blood be shed for in the image of God made he man The Moral Law of God delivered upon Mount Sinai and written by God himself in Tables of Stone and by his Spirit engraven in every mans heart Thou shalt do no murther Exod. 20. 13. The Judicial Law Next to the Moral Law of God I come to the Judicial and Political Law of the Jews He that killeth any man shall surely be put to death There are several Cases of Murther put and upon every of them the Law is delivered That the Murtherer shall surely be put to death Moreover you shall take no satisfaction for the life of a Murtherer which is guilty of death but he shall surely be put to death Ye shall not pollute your Land wherein you are for blood defileth the Land and the Land cannot be cleansed of blood that is shed therein but by the blood of him that sheddeth it Thine eye shall not pity but life shall go for life Upon these Laws I will onely put a case or two which I conceive may be useful to us upon these points in the discharge of this service The case of Agag King of the Amalekites whose life Saul spared being brought before Samuel the great Judge in Israel And Samuel said unto him As thy sword hath made women childless so shall thy Mother be
you see how it came to pass that Murther is a greater offence and more severely punished in Ireland than in England and by these good Laws that horrid and execrable Crime and Monster of Blood and Murder was chain'd up or at least fetter'd and restrain'd in Ireland until its breaking loose upon us in this last and most barbarous and cruel Rebellion with that inhumane violence and unsatiable thirst of innocent Blood with the savage Butcheries of Men Women and Children without respect either of Age or Sex or Quality as no History or Age can parallel It appears by a Cloud of Witnesses the execrable Cruelties of the Murtherers were not satisfied with the variety of Tortures and cruel Deaths of the living by Striping Starving Burning Strangling Burying alive and by many Exquisite Torments put to death the living so that a present dispatch by death was a great Mercy So cruel are the Mercies of the wicked But their hellish rage and fury stayed not here but also extended it self even unto the Babes unborn ripping them out of their Mothers womb and destroying even those innocent Babes to satiate their savage cruelty Nor staid it here but extended also to the ransacking of the Graves of the Dead dragging the dead Bodies of the Protestants out of their Graves because they might not rest in their Hallowed Ground Nor did yet their execrable malice stay here but became boundless not onely to the devastation and the destruction of the Houses Castles and whole substance of the Protestants and whatsoever tending to Civility but also even to the utter extirpation of the English Nation and Protestant Religion out of this Land of Ireland all which the Murderers for of them I speak acted with that bruitish outrage as though Infidels or rather the wild Beasts of the Wilderness Wolves and Bears and Tigres nay Fiends and Furies had been brought into the Land If any think this Language too harsh let them consider how the holy Ghost ranks and couples the Murderers with Dogs Rev. 22. 15. For without the holy City the heavenly Jerusalem are Dogs and Sorcerers and Whoremongers and Murderers and whosoever loveth and maketh a lye No no Swans language to express either the woful miseries which the Protestants have suffered or the abominable cruelties the Murtherers have committed are here tolerable I have not words to declare how the Murderers in this horrid Rebellion have violated all Laws of God and Man all Faith all Bonds of Charity and Humane Society and how perfidiously they have broken all the Rules and Rights and Laws of War The Laws of War In republica maxime sunt observanda Jura belli By the Law and Rules and Rights of War Quarter warrantably given ought inviolably to be observed it is a Fundamental Law of War That Faith is to be kept with an Enemy Fides cum hoste servanda this hath been observed among the Heathens Infidels have kept this Faith the Turks observed it but by the Popes Dispensation the Christians once broke their Articles with the Turks whereupon the Lord gave a signal Victory to the Turks against the Christians the Story is well known The practice of the Murderers in this Rebellion hath been according to the old Popish Tenent Nulla fides cum Haereticis And so contrary to the Laws of War many Protestants were murdered after Quarter given of which Crime both are said to be guilty But that which exceeds all that can be spoken makes their sin exceeding sinful and their wickedness most abominable is That they began this butchery and cruelty even then when the Protestants were in perfect amity with them and joyned to them not onely in peaceable Neighbourhood but even in those Bonds that they pretend to hold most inviolable viz. Gossiprick Fosterage and such like Ties of Friendship and Alliance When they enjoyed so licentious a freedom of their Romish Superstition and free use of their Mass they had their Titular Arch-bishops for every Province their Titular Bishop with his Dean and Chapter for every Diocess and their Secular Priest for every Parish in the Land besides a monstrous multitude of their Votaries and Regular Clergy They had their Abbots Priors Monks Nuns Jesuits Frieries Monasteries Nunneries Religious Houses and Convents in the principal Towns and Cities of the Land even in this City of Dublin the residence of the State so that Father Harris a Secular Priest of their own published in Print That it was as hard to find what number of Friers were in Dublin as to count how many Frogs there were in the second Plague of Egypt They did not onely exercise all their Superstitious Rites and Ceremonies but also the Papal Jurisdiction as by Law they had Vicars General and kept their Provincial Courts and Consistories and Excommunicated the People delivering them to Satan When they enjoyed the benefit of the same Laws with us nay the end and force of the Law was in some cases abated as to them which was not dispensed withall as to the Protestants The Popish Lawyers were permitted to practice and the Papists admitted to Sue forth their Liberties and Ouster lemains and to bear and execute the Office of Sheriffs Justices of the Peace c. without taking the Oathes of Allegiance or Supremacy which was not permitted to the Protestants And these Popish Lawyers Priests Jesuits and Friers have been the principal Incendiaries and Firebrands of all those horrible Flames which have thus consumed the Land and were the chief Ring-leaders of this horrid Rebellion that the publick Burthens and Charges of the Common-wealth were born more by the Protestants than by them consideration being had to their numbers and quality of Possessors of Inheritance And that of the Subsidy granted in Decimo Car. whereof they raised so great a clamour both in England and Ireland the Protestants paid above one third part of the whole besides the Clergy though neither the Quantity or Quality of Lands of Inheritance then holden of them in the Land did amount to more than a fifth part and besides all this the Protestants had contributed to the charge of their Committees towards the obtaining of Grace in Bounties in sending Commissioners for them and even then when the British and Protestants had improved the Lands of the Irish Papists and enriched their Estates and brought into the Land Husbandry Trades Manufactury Traffick Merchandize c. by which means increase of Wealth grew in the Land to that abundance that the Irish grew not onely Rich but Honourable also they were made Earls Viscounts Lords Baronets Knights c. And when they enjoyed all this and much more if time did permit to declare it then even then without any provocation suddenly to rise up to this heighth of cruelty to murder some hundreds of thousands of these Protestants that lived peaceably and friendly with them and that before they could take Arms in their hands for their defence these things I say makes the sins of Murder Violence
through the World ever equall'd it in the Circumstances that accompanied the Butcheries Massacres Cruelties yea the mercy of the Rebels in that War though in the end fatal to the Irish themselves above any thing that ever befel that Nation so as the greatness of their Sufferings may well testifie the remarkableness of their Crimes sutable to the innocent blood they had barbarously shed and the devastations they had made of a most flourishing and well setled Kingdom APPENDIX I. Fol. 10. Questions wherein the House of Commons humbly desires that the House of the Lords would be pleased to require the Judges to deliver their Resolutions INasmuch as the Subjects of this Kingdom are Free Loyal and Dutiful Subjects to his Most Excellent Majesty their Natural Leige Lord and King and to be governed only by the Common Laws of England and Statutes of force in this Kingdom in the same manner and form as his Majesty's Subjects of the Kingdom are and ought to be governed by the said Common Laws and Statutes of force in that Kingdom which of right the Subjects of this Kingdom do Challenge and make their Protestation to be their Birthright and best Inheritance Yet inasmuch as the unlawful Actions and Proceedings of some of his Majesties Officers and Ministers of Justice of late years Introduced and Practised in this Kingdom did tend to the Infringing and Violation of the Laws Liberties and Freedom of the said Subjects of this Kingdom contrary to his Majesties Royal and Pious intentions Therefore the Knights Citizens and Burgesses in Parliament Assembled not for any doubt or ambiguity which may be conceived or thought of for or concering the Premises nor of the ensuing questions but for manifestation and declaration of a clear Truth and of the said Laws and Statutes already planted and for many Ages past setled in this Kingdom The said Knights Citizens and Burgesses do therefore pray that the House of the Lords may be pleased to command the Judges of this Kingdom forthwith to declare in Writing their Resolutions of and unto the ensuing questions and subscribe to the same 1. Whether the Judges of this Kingdom be a Free People and to be governed only by the Common Laws of England and Statutes of force in this Kingdom 2. Whether the Judges of this Land do take the Oath of Judges And if so Whether under pretext of any Act of State Proclamation Writ Letter or direction under the Great or Privy Seal or Privy Signet or Letter or other Commandment from the Lord Lieutenant Lord Deputy Justice Justices or other Chief Governour or Governours of this Kingdom they may hinder stay or delay the Suit of any Subject or his Judgement or Execution thereupon If so in what Cases and whether if they do hinder stay or delay such Suit Judgement or Execution thereupon what punishment do they incurr for their deviation and transgression therein 3. Whether the King's Majesties Privy Councel either with the Chief Governour or Governours of this Kingdom or without him or them be a place of Judicature by the Common Laws and wherein Causes between Party and Party for Debts Trespasses Accounts Portions or Title of Lands or any of them and which of them may be heard and determined and of what Civil Causes they have Jurisdiction and by what Law and of what force are their Orders and Decree in such Cases or any of them 4. The like of the Chief Governours alone 5. Whether Grants of Monopolies be warranted by Law and of what and in what Cases and how and where and by whom are the pretended trangressions against such Grants punishable and whether by Fine mutilation of Members Imprisonment Loss and forfeiture of Goods or otherwise and which of them 6. In what Cases the Lord Lieutenant Lord Deputy or other Chief Governour or Governours of this Kingdom and Councel may punish by Fine Imprisonment mutilation of Members Pillory or otherwise and whether they may Sentence any to such the same or the like Punishment for infringing the Commands of or concerning any Proclamation of and concerning Monopolies and what Punishment do they incurr that Vote for the same 7. Of what force is an Act of State or Proclamation in this Kingdom to bind the Liberty Goods Possessions or Inheritance of the Natives thereof whether they or any of them can alter the Common Law or the Infringers of them loose their Goods Chattels or Leases or forfeit the same by infringing any such Act of State Proclamation or both what Punishment do the sworn Judges of the Law that are Privy-Councellors incurr that Vote for such Acts and Execution thereof 8. Are the Subjects of this Kingdom subject to Marshal Law and whether any man in time of Peace no Enemy being in the Field with Banners displayed can be sentenced to Death If so by whom and in what Cases If not what Punishment do they incurr that in time of Peace execute Marshal Law 9. Whether voluntary Oaths taken freely before Arbitrators for affirmance or disaffirmance of any thing or for the true performance of any thing be Punishable in the Castle-Chamber or any other Court and why and wherefore 10. Why and by what Law and by what rule of Policy is it that none is admitted to reducement of Fines and other Penalty in the Castle-Chamber or Councel-Table untill he confess the Offence for which he is censured when as revera he might be innocent thereof though suborned Proofs or circumstances might induce a Censure 11. Whether the Judges of the Kings-Bench or any other Judge of Goal-delivery or of any other Court and by what Law do or can deny the Copies of Indictment of Felony or Treason to the Parties accused contrary to the Law 12. What Power have the Barons of the Court of Exchequer to raise the respit of homage arbitrarily to what rate they please to what value they may raise it by what Law they may distinguish between the respit of homage upon the diversity of the true value of the Fees when as Escuage is the same for great and small Fees and are approportionable by Parliament 13. Whether it be Censurable in the Subjects of this Kingdom to repair into England to appeal unto his Majesty for redress of Injuries or for other lawful Actions if so why and in what condition of Persons and by what Law 14. Whether Deans or other Dignitaries of Cathedral Churches be properly and de mero Jure Donative by the King and not Elective or Collative If so why and by what Law and whether the Confirmation of a Dean de facto of the Bishops grant be good and valid in Law or no if not by what Law 15. Whether the issuing of Quo warrantoes out of the Kings-Bench or Exchequer against Bourroughs that antiently and recently sent Burgesses to Parliament to shew cause why they sent Burgesses to the Parliament be legal if not what punishment ought to be inflicted upon those that are or have been the Occasioners Procurers and
who shut up the said places and other passages and ways to his Majesties Justice and Mercy from his Majesties well-affected Subjects of this Kingdom for the Exaltation therefore of the holy Roman Catholick Church for the advancement of his Majesties Service and the preservation of the Lives Estates and liberties of his Majesties true Subjects of this Kingdom against the Injustice Murders Massacres Rapes Depredations Robberies Burnings frequent breaches of Quarter and publick Faith and destruction daily perpetrated and acted upon his Majesties said Subjects and advis'd contriv'd and daily exercis'd by the said malignant Party some of them managing the Government and Affairs of State in Dublin some other parts of this Kingdom to his Highness great disservice and complying with their Confederates the malignant Party in England and elsewhere who as it is manifest to all the world do complot and practice to dishonour and destroy his Majesty his Royal Consort the Queen their Issue and the Monarchal Government which is of most dangerous consequence to all the Monarchs and Princes in Christendom The said Assembly doth order and establish a Councel by name A Supream Council of the Confederate Catholicks of Ireland who are to consist of the number of 24. to be forthwith nam'd by the Assembly whereof 12 at the least to be forthwith nam'd shall reside in this Kingdom or where-else they shall think expedient And the members of the said Council shall have equal Votes and two parts of the three or more concurring present Votes to conclude and no fewer to sit in Council than 9 whereof 7 at least are to concur And of the 24 a President shall be nam'd of the Assembly who is to be one of the twelve resident and if in case of his death absence or sickness the rest of these who shall be resident may name a Vice-president of the 24. And the said Council shall have the Power and preheminence following viz. The Lords Generals and all other Commanders of Armies and Civil Magistrates and Officers in the several Provinces shall observe their Orders and Decrees and shall do nothing contrary to their directions and shall give them speedy advertisement and account of their proceedings and actions with as much expedition as may be That the said Council shall have power to order and determine all such matters as by this Assembly shall be left undetermined and shall be recommended unto them and their Orders therein to be of force until the next Assembly and after until the same be revoked That the said Council shall have Power and Authority to do and execute all manner of Acts and things conducing to the advancement of the Catholick Cause and the good of this Kingdom and concerning this VVar as if done by the Assembly And shall have power to hear and determine all matters Capital Criminal or Civil except the Right or Title of Land That the Generals and other Commanders of Armies and all Governors and civil Magistrates and all other persons within this Realm shall obey the Orders and Decrees of the said Council touching the present Service That the Council shall have for their Guard the number of 500 Foot and 200 Horse to be equally extracted out of the Armies of the four Provinces 5. Item It is further ordered and establish'd that in every Province of this Kingdom there shall be a Provincial-councel and in every County a County-councel the Provincial-councel to be compos'd of the number of two of each County and the said Provincial-councel shall chuse a President for themselves 6. That the Provincial-councel shall sit four times a Year and oftner if there be cause for it That they shall have power and Authority to renew or reverse the Judgment of the County-councel the party complaining entring Security De adjudicat ' solvend ' And shall during the trouble have power to hear and determine all matters of the Crown as Judges of Oyer and Terminer and Gaol-delivery were wont to do so that no Spiritual person be present at the determining matters of blood And shall have power to hear and determine all civil Causes and to establish Rents and Possessions so that they meddle not with the Title of Land other than in case of Dower and Joynture And the Sheriffs Provincial-generals and all Commanders of the Armies in case of Disobedience are respectively required to execute the Decrees and Orders And in case of Debts and Accounts great consideration is to be had of the disabilities of Creditors occasion'd by the VVar. 7. Item In every County there shall be a County-councel consisting of one or two of each Barony at the Election of the County and where there are no Baronies the Councel of such County to consist of the number of 12. And the said County-council shall have power and Authority in all points as Justices of the Peace to hear and determine all the matters concerning the Offices of the Justice of Peace and all matters of the Crown happening within every such County and the Delinquent may if he please have his Trial in the Province and to hear and determine Debts Trespasses and personal Demands and to do all things as Justices of the Peace were accustomed to do and to restore and establish possessions taken by force or fraud since these troubles And likewise to take a special care that Tenants and Farmers be kept to their Farms where they were used and to be preserv'd from Extortion and Oppression And that Trades Tradesmen Manufactures Agriculture and Husbandry be maintained and duly kept 8. Item In Cities and Towns Corporate Justice is to be done and the Laws executed as is accustomed 9. Item In every County there shall be Coroners High-Sheriffs High-Constables and petty-Constables and Gaolers who are to do their respective Offices as accustomed the High-Sheriff to be confirm'd or nominated by the Supream Council and the High-Sheriff is required to execute the Commands Orders and Decrees of the Provincial and County-council 10. Item In every County the High-Sheriff shall be Provost-Marshal and shall have power to execute a Layman not worth 5 l. and none other for Murther Man-slaughter Burglary Theft Robbery or other capital Offence provided the party to be executed may have 24 hours time to prepare his Soul And that the Supream and Provincial-council shall and may name more Provost-Marshals as they shall think expedient qualified with the like Authority 11. Item It is further order'd 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 and Government as is or shall be approv'd by the General Assembly or the Supream Council 12. Item It is further order'd that whosoever hath enter'd since the first day of October 1641. or shall hereafter during the continuance of the War in this Kingdom enter into the Lands Tenements or Hereditaments at or immediately before the first day of
Cessation of Arms for one whole year with the Roman Catholicks of Ireland printed at Oxford 19. Octob. 1643. And let all your good Subjects be assured that as we have for these reasons and with caution and deliberation consented to the Proposition to peace and to that purpose do continue do continue our Parliament there so we shall proceed in the accomplishing thereof with that care and circumspection that we shall not admit even peace it self otherways than it may be agreeable to Conscience Honour and Justice VVe also humbly desire that such Laws as Your Majesty shall think fit to pass may be transmitted according to Poynings Law and other Laws of explanation thereof or of addition thereunto now in force with great contentment and security to Your Majesties Protestant Subjects but if the present Parliament be dissolved we humbly represent unto Your Majesty that so many of your ablest and best Protestant Subjects have been murthered or banished by this Rebellion the few or no Protestant free-holders will be found in the Countreys Cities or Burroughs to elect and chuse Knights Citizens or Burgesses which will be most dangerous to your Majesties Rights and Prerogatives and good Subjects and may beget great disputes in after-times for the repealings of Poynings Acts notwithstanding their feigned expressions of their loyaltie yet it plainly appeareth they do not repose such trust in your Majesties Justice as becomes loyal Subjects to do and such they pretend themselves to be for that they seek thereby to prevent Your Majesty and your Councel of England and Ireland of so full a view and time of mature consideration to be had of Acts of Parliament of Ireland before they pass as in prudence is requisite and hath been found necessary by the experience of well near 200 years and if their Intentions were so clear as they profess we know not why they should avoid the strictest view and tryal of Your Majesty and your Councels of both Kingdoms this their desire tending to introduce a grand diminution to the Royal and necessary Power for the conservation of Your Regal State and protection of your good Protestant Subjects there and elsewhere and what special use they aim at in seeking such a repeal Your Protestant Subjects as they know not the particular so can they conjecture of none unless the said Confederates have some design by way of surprize to obtrude upon Your Majesty in their new desired Parliament some Acts of justification of their ill-done actions and for condemning such of your Protestant Subjects as have in their several degrees most faithfully served Your Majesty there which we the rather believe seeing they have vowed by their Oath of Association and the Bull lately published in Ireland since the Cessation the destruction of the Protestants there when they have the Sword in their hands to put the same in Execution 3. Pro. That all Acts and Ordinances made and passed in the now pretended Parliament in that Kingdom since the 7th day of August 1641. be clearly annull'd and declared void and taken off the File Answ. VVe humbly desire that they may particularize those Orders and Ordinances which may prejudice Your Majesties service for we are well assured that the Parliament now sitting in Ireland on signification of Your Majesties pleasure therein will give Your Majesty full satisfaction or repeal any unjust Orders or Ordinances whatsoever which may be prejudicial to Your Majesty and there may be some Orders or Ordinances which may concern particular persons in their Lives Liberties or Fortunes that may suffer unheard by the admitting of so general a Proposition which is meerly propos'd as we humbly conceive to put a scorn upon Your Majesties Parliament now sitting there and to discourage your Protestant Subjects who have faithfully served Your Majesty in that Parliament 4. Pro. That all Indictments Attainders Out-lawers in the Kings Bench or elsewhere since the said 7th day of August 1641. and all Letters Patents Grants Leases Custodiums Bonds Recognizances and all other Records Act or Acts depending thereon or in prejudice of the said Catholicks 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 or concerning the procuring or making up of such Records and the same first we 'll prove upon due Examination and that may not only conceal but in some sort seem to justifie their abominable Treasons Murthers 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 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. Pro. That inasmuch as under colour of such Out-lawers and Attainders Debts due unto the said Catholicks have been granted levied and disposed of and of the other side that Debts due upon the said Catholicks to those of the adverse party have been levied 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. VVe 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 levied 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 Papists 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 levied 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
that in all likelihood he shall not live to come to that place the second time which we humbly conceive will be a great discouragement to any person of Honour and Fortune to serve your Majesty in that high Trust and for their purchasing Lands in that Kingdom your Majesty may be pleased to leave them to the Laws and punish them severely if they commit any offence or exercise any oppressions under colour of purchasing of any Lands or Estates whatsoever 15. Pro. That an Act may be passed in the next Parliament for the raising and setling of Trained-bands within the several Counties of that Kingdom as well to prevent foraign Invasion as to render them the more serviceable and ready for your Majesties service as cause shall require Answ. The having of Trained-bands in Ireland for the present cannot under favour be for your Majesties service or the safety of that Kingdom for that the Protestants by the said sad effects of the late Rebellion are so much destroyed that the said Bands must consist in effect altogether of the Confederates Catholicks and to continue them in Arms stored with Ammunition and made ready for service by Mustring and often Training will prove under colour of advancing your Majesties service against foraign Invasions a meer Guard and Power of the Popish Confederates and by force of Arms according to their late Oaths and Protestations to execute all their cruel designs for extirpation of the Protestant Religion and English Government both which they mortally hate however in cunning they dissemble it and to prevent the setling an Army of good Protestants without which your Maiesties good Subjects cannot live securely there 16. Pro. That an Act of Oblivion be passed in the next free Parliament to extend to all your Majesties said Catholick Subjects and their Adherents for all manner of Offences Capital Criminal and Personal and the said Act to extend to all Goods and Chattels Customs Mesne Profits Prizes Arrears of Rents taken received or incurred since these troubles Answ. We humbly pray that the Laws of force be taken into consideration and do humbly conceive that your Majesty in Honour and Justice may forbear to discharge or release any Actions Suits Debts or Interests whereby your Majesties Protestant Subjects who have committed no offence against your Majesty or your Laws should be barred or deprived of any of their legal remedies or just demands which by any of your Majesties Laws and Statutes they may have against the Popish Confederates who are the only Delinquents or any of their party for or in respect of any wrongs done unto them or any of their Ancestors or Predecessors in or concerning their Lands Goods or Estates since the contriving or breaking forth of the Rebellion the said Confederates having without provocation shed so much innocent Blood and acted so many Cruelties as cannot be parallel'd in any Story and we conceive it to be high presumption in them upon so weak grounds to propound an Act of Oblivion in such general terms some of the Confederates having been Contrivers or Actors of such cruel Murthers and other Acts of Inhumanity as cry to God and your Sacred Majesty for Justice and they having of your Majesties Revenues Customs Subsidies and other Rights of your Crown in their hands are disbursed by them to the value of two hundred thousand pounds and more 17. Pro. For as much as your Majesties said Catholick Subjects have been taxed with many inhumane Cruelties which they never committed your Majesties said Suppliants therefore for their vindication and to manifest to all the the world their desire to have all such hanious Offenders punished and the Offenders brought to Justice do desire that in the next Parliament all notorious Murthers breaches of Quarter and inhumane Cruelties committed of either side may be questioned in the said Parliament if your Majesty think fit and such as shall appear to be guilty to be excepted out of the said Act of Oblivion and punished according to their deserts Answ. We conceive this Proposition is made but for a Florish and if the Confederates be so desirous to try their innocency as they pretend they need not stay for another Parliament in Ireland but submit to that which is now in being which is an equal and just Parliament as in some of our Reasons touching that point is expressed and the offering to draw it to a new Parliament is in effect to desire that they may be their own Judges for as that Kingdom is now imbroiled and wasted the chief Delinquents or their Confederates will be so prevalent a faction in the next Parliament that they will be able and doubtless will clear all the Popish party how guilty soever and condemn all the Protestants how innocent soever These Answers to the high and unexpected Demands of the Confederates we have have framed in humble obedience to your Majesties directions but being very sensible as of the weight and great importance of the business so also of our own weakness and want of time and well knowing that some of your Majesties Privy-Councillors Judges and Officers of that Kingdom are now in Town sent for over and here attending by your Majesties Command who by their long observations and experience of the affaires and State of Ireland are better able to give your Majesty more full and satisfactory Answers touching the premises then we can and conceiving that the Collection in Answer to the said Confederates Remonstrance which we humbly presented to your Majesty the 17th of the last Month of April may in many things give your Majesty more light then these our Answers do or can We humbly beseech your Majesty that the said Privy-Counsellors Judges and Officers as occasion shall require may be called upon and heard to give your Majesty the more satisfaction in these particulars and that to the same purpose the Book of the said Collections may be perused and considered of as your Majesty shall find most requisite After reading of which Propositions and Answers thereunto the King asked the Protestant Agents whether they had Answered unto the Rebels Propositions as they were to be granted by Him in Law and Justice and fit for the Security of the Protestants of Ireland or prudentially as the times were who humbly made Answer to his Majesty That they looked upon the Rebels Propositions as they appeared to them destructive to his Majesties Laws Government and Protestant Subjects of Ireland Then the Earl of Bristol said That if they asked what by Law and Justice was due from the Rebels their Answers were full But now the King expected from the said Agents what prudentially was fit for his Majesty to do seeing the Protestants were not in a Condition to defend themselves And that the King would not admit the Protestants to joyn with the new Scots or any other that had the Covenant To which the Agents conceived not fit to Answer more then what before in their Propositions and
Answers they had Humbly offered pretending not to be Judges but submissive Petitioners for what was committed to their Charge APPENDIX XIII Fol. 144. The Humble Propositions of your Majesties Protestant Agents of Ireland in pursuance of the humble Petition of your Majesties Protestant Subjects as well Commanders of your Majesties Army there as others presented to your Majesty the 18th day of April 1644. and answered by your Majesty the 25 of the same 1. WE most humbly desire the Establishment of the true Protestant Religion in Ireland according to the Laws and Statutes in the said Kingdom now in force 2. That the Popish Titular Arch-Bishops Bishops Jesuits Friers and Priests and all others of the Roman Clergy be banished out of Ireland because they have been the stirrers up of all Rebellion and while they continue there there can be no hope of safety for your Majesties Protestant Subjects And that all the Laws and Statutes established in that Kingdom against Popery and Popish Recusants may continue of force and be put in due Execution 3. That Restitution may be made of all our Churches and Church Rights and Revenues and all our Churches and Chappels re-edified and put in as good Estate as they were at the breaking out of the Rebellion and as they ought to be at the Charge of the Confederate Roman Catholicks as they call themselves who have been the occasion of the Destruction of the said Churches and possessed themselves of the Profits and Revenues thereof 4. That the Parliament now sitting in Ireland may be continued there for the better settlement of the Kingdom and that all Persons duly indicted in the said Kingdom of Treason Felonie or other heinous Crimes may be duly and legally proceeded against outlaw'd tried and adjudged according to Law And that all Persons lawfully convicted and attainted or to be convicted and attainted for the same may receive due punishment accordingly 5. That no Man may take upon him or execute the Office of a Major or Magistrate in any Corporation or the Office of a Sheriff or Justice of Peace in any City or County in the said Kingdom until he have first taken the Oaths of Supremacy and Allegiance 6. That all Popish Lawyers who refuse to take the Oath of Supremacy and Allegiance may be suppress'd and restrain'd from practice in that Kingdom the rather because the Lawyers in England do not here practice until they take the Oath of Supremacy And it hath been found by woful Experience that the Advice of Popish Lawyers to the people of Ireland hath been a great cause of their continued Disobedience 7. That there may be a present absolute Suppression and Dissolution of all the assumed Arbitrary and Tyrannical Power which the said Confederates exercise over Your Majesties Subjects both in Causes Ecclesiastical and Temporal 8. That all the Arms and Ammunition of the said Confederates be speedily brought into Your Majesties Stores 9. That Your Majesties Protestant Subjects ruin'd and destroy'd by the said Confederates may be repair'd for their great losses out of the Estates of the said Confederates not formerly by any Acts of this present Parliament in England otherwise dispos'd of whereby they may the better be enabl'd to re-inhabit and defend the said Kingdom of Ireland 10. That the said Confederates may rebuild the several Plantation-Houses and Castles destroy'd by them in Ireland in as good state as they were at the breaking out of the Rebellion which Your Majesties Protestant Subjects have been bound by their several Patents to build and maintain for Your Majesties Service 11. That the great Arrears of Rent due to Your Majestie out of the Estates of Your Majesties Protestant Subjects at and since Michaelmas 1641. may be paid unto Your Majestie by such of the said Confederates who have either receiv'd the said Rents to the uses of the said Confederates or destroy'd the same by disabling Your Majesties Protestant Subjects to pay the same And have also destroy'd all or the most part of all other Rents or means of support belonging to Your said Protestant Subjects And that Your said Protestant Subjects may be discharg'd of all such Arrears of Rents to Your Majestie 12. That the said Confederates may give satisfaction to the Army for the great Arrears due unto them since the Rebellion and that such Commanders as have rais'd Forces at their own Charges and laid forth great sums of Money out of their own Purses and engag'd themselves for Money and Provisions to keep themselves their Holds and Souldiers under their Commands in the due necessary Defence of Your Majesties Rights and Laws may be in due sort satisfied to the encouragement of others in like times and Cases which may happen 13. That touching such parts of the Confederate Estates as being forfeited for their Treasons are come or shall duly come into Your Majesties hands and possession by that Title Your Majesty after the due satisfaction first made to such as claim by former Acts of Parliament would be pleased to take the same into your own hands and possession and for the necessary encrease of Your Majesties Revenue and better security of the said Kingdom of Ireland and the Protestant Subjects living under your gracious Government there to plant the same with Brittish and Protestants upon reasonable and honourable Terms 14. That one good walled Town may be built and kept repair'd in every County of the said Kingdom of Ireland and endow'd and furnish'd with necessary and sufficient means of legal and just Government and Defence for the better security of Your Majesties Laws and Rights more especially the true Protestant Religion in time of Danger in any of which Towns no Papist may be permitted to dwell or inhabit 15. That for the better satisfaction of Justice and Your Majesties Honour and for the future security of the said Kingdom and Your Majesties Protestant Subjects there exemplary punishment according to Law may be inflicted upon such as have there traiterously levied VVar and taken up Arms against Your Majesties Protestant Subjects and Laws and therein against Your Majesty especially upon such as have had their hands in the shedding of Innocent blood or had to do with the first Plot or Conspiracy or since that time have done any notorious Murther or Covert Act of Treason 16. That all Your Majesties Towns Forts and places of strength destroy'd by the said Confederates since the said Rebellion may be by them and at their Charges re-edified and deliver'd up into Your Majesties hands to be duly put into the Government under Your Majestie and Your Laws of your good Protestants And that all Strengths and Fortifications made and set up by the said Confederates since the said Rebellion may be slighted and thrown down or else deliver'd up and disposed of for Protestant Government and Security as aforesaid 17. That according to the Presidents of former times in cases of General Rebellions in Ireland the Attainders which have been duly had by Outlawry for
and in the power of such a place is the consideration of those principles in their Religion owned and pursued by the people of this Nation more evidently than in many others and so by them in that City tending in endless violence injustice falshood and treachery towards us whereever they find opportunity as That Faith is not to be kept with Hereticks which in their sense are all persons not of their Religion but that at least where the keeping of it is to the prejudice and the breaking of it may be of advantage to the Catholique cause it may be broken and any thing in a manner is lawful to be done for the advantage of that Cause at least if it be with the allowance or dispensation of their Ghostly Fathers And how dangerous and unsafe it is to keep persons of such differing and destructive principles to the Cause and Interest we serve in such places of strength and so much in the power of the Inhabitants I wish them only to make it their own case and then judge And though such principles be denied or disowned in the expressions of some yet sure I am nothing hath been more clear in the practices of the generality of the people of that Religion in this Nation as appears in the several times of their Rebellion against the lawful authority which God had set over them to whom they have several times sworn to be true and faithful and as often broke their faith and obligations as engaged and especially in this Rebellion by the Murders and Massacres of so many innocent English Protestants in the beginning of it living in peace and Trust quietly by them And that this is still their practice suitable to such principles I desire those that question it but to look upon the late actions of many of those that upon their fair professions to us and our trust in them for faithfulness or at least for innocent and peaceable demeanors towards us have received protection from us who notwithstanding do most of them make it their daily business to do us all the mischief they can wherever they see an opportunity and for that purpose do harbor entertain and encourage those many Tories in every corner that otherwise durst not come into our Quarters nor could subsist in them undiscovered or do that mischief as they do and escape yet from all our Forces and Garrisons in every corner ready to pursue them but that as they are assured and find the protected people are friends to them and in their hearts Enemies and false to us notwithstandstanding all their professions to the contrary nay many of the protected people themselves upon every slight occasion or ground of hope of doing mischief to us do frequently run from their Habitations join with the Enemy in Arms and deliver up their Castles to them And though for the shame and ill consequences of such principles to themselves if owned and profest by them many do disclaim any such opinions yea perhaps from the sence of those evil consequences may in their present and private Judgments condemn them yet whilst they hold entire communion with that Catholick Church as they account it which maintains or holds forth the same and implicitly resolve their private judgments into the belief or determination of that Church or however do own and adhere to a power both forreign and adverse to us in their Pope and Clergy which they acknowledg can bind and lose their consciences without limitation It must needs follow that upon the determinations or allowance of that Church or the injunctions or absolutions of that power they must when it comes to trial unless they will renounce that Communion and Dependance account themselves not only absolvable thereby from all obligations of humane right or duty towards us to the contrary but also obliged by an higher bond and duty to answer and pursue any Injunctions of that CHURCH or power in any ways of violence and treachery towards us which for the upholding or advancement thereof shall be required or warranted thereby and they shall see any opportunity for Now though these and many more such considerations and experiences may suffice both to justifie us in and awaken us to the providing for security to our selves and our Cause against such a generation by all ways to which in common Justice we are free as by this warning out these Inhabitants in this case and not to trust them in so visible a power and opportunity to betray or hurt us as their continuance in that City beyond the period of this warning they would have yet in humanity and our common Christian charity we cannot but pity Men so miserably blind-folded and captivated in delusions as the generality of them appear and heartily wish and pray that neither they nor any other might any longer be so and we do not desire their hurt or prejudice further than justice and necessity for our own and the publick safety do require and therefore even in this warning given we have not only consulted the justice and necessity leading to it but also the conveniency of time as to them for doing of it that it might be at such a season as might be most convenient or least prejudicial to them also which I judge the time of the period of this warning to be in regard that being in the beginning of May it is the most fitting season for persons in such conditions to provide for themselves either by hiring or building themselves places of Habitation in some parts near adjoyning to be allotted them for that purpose or to march if they so desire it by Land or take a Voyage by Sea to those places unto which they shall desire to go And that all may see who do not wilfully shut their eyes that our end is not to ruin them and inrich our selves but only to act in order to publique safety and security I do resolve where I can find a sufficient Character or mark of distinction concerning any person or persons that have not had a hand in the first years Rebellion and Massacres or have discovered themselves to be Friends to the Interest and People of England or have not been known to have been eminently active in the prosecution of the War or holding out of that City against us to difference them by favour and respect shewn from others and in all other cases wherein mercy and favour may be shewed without prejudice to publick justice and safety I do intend it and particularly in that of Orphans and Aged and decrepid people and Widdows whose condition is the most to be pitied in regard many of them may not be able to help themselves but if they should be turned out with the others immediately might suffer much by it I shall therefore take the best care and course I can for them to prevent any of those inconveniences that may otherwise fall upon persons in their conditions and to do for them
the present state of Ireland * Fol. 216. His Majesties third Letter concerning the Cessation The Treaty towards a Cessation The Irish Commissioners the 23. of June 1643. first presented themselves to the Lieutenant-General Their Commission from the Supream Council The Treaty deferred against which the Commissioners excepted The Insolencies of the Irish in Reply to a Warrant of the State Colonel Monk against Preston The Lord Moor killed Read Husband 's Collect fo 340. The Rebels very audacious and active upon the very point of the conclusion of the Cessation The Cessation concluded His Majesties Motives to the Cessation fol. 355. Octob. 19. 1643. Reasons given in by the Judges for the continuance of this Parliament against a free one sought by the Rebels Sept. 13. 1643. His Majesties fourth Letter touching the Cessation and his care of his Army * Annals Eliz. Anno 1595. The Cessation begat great heats betwixt the King and his Parliament * His Majesties Answer to the Commissioners last Paper at Uxbridge fol. 557. Monro's Letter to the Lords Justices in dislike of the Cessation The Supream Council's Letter from Kilkenny to the Lords Justices touching the Scots breach of the Cessation Several Regiments transported into England The Oath imposed upon the Souldiers going for England * See his Majesties Message from Oxford the 24. of Jan. 1645. Fol. 227. * View their Letter again of the 15th of Octob. 1643. * Octob. 24. 1644. The Irish break the Cessation Agents being to go from the Rebels to Oxford the Protestants Petition the State that they might have some to attend at the same time his Majesties Pleasure Motions made upon the Cessation that some of the Confederates should be admitted unto their dwellings The Marquisâ— of Ormond made Lord Lieutenant the 21. of Jan. 1643. The Lord Lieutenant regulating of the Army * The Establishment of which with the rates set on each Commodity according to an Act of Council made at the Council Board the 4th of December was by Proclamation at the Castle of Dublin published the 9th of December 1644. As the 12th of Oct. preceding there had passed one of the same nature though this more large * Appendix 10. 11. * The Lord Viscount Muskery Sir Robert Talbot Dermot Mac Trag O Bryan c. The Confederates sent their Agents to Oxford The Lord Lieutenant from the Council Board sent others * Sir William Stewart Sir Gerard Lowther Sir Philip Percival Justice Donnelon to whom were added being resident at Oxford Sir George Radcliffe Sir William Sambach * Captain William Ridgeway Esquire Sir Francis Hamilton Sir Charles Coote Captain William Parsons the Insolencers of the Confederates Appendix 12. The Protestant Committee of the Irish Parliament pressed the execution of the Laws against the Rebels c. * The Lord Cottington Earl of Bristol Portland Lord George Digby Sir Edward Nicholas Sir John Culpeper Sir Edward Hide c. These of the Council much troubled betwixt the contests of the Rebels and Protestants The Irish Agents seemingly mov'd at what they were from the Confederates inforced to stand upon The King's Admonition to the Irish Agents at their departure * Appendix 13. The Irish Agents Behaviour on their Return into Ireland The Earl of Glamorgan's unjust Management of the King's Affairs in Ireland Legible in his Message dated at Oxford 29. Jan. 1645. * July 18. 1644 * The Lord Inchequin The Lord Broghil Sir Wil. Fenton Sir Percy Smith Lieut. Col. Wil. Brocket Lieut. Col. Tho. Serle Serjeant Major Muschamp The Lord Inchequin's revolt to the Parliament after the Cessation The Scots preserve themselves against the incursions of the Rebels 1645. * The Lord D. principal Secretary * The Lord I. from Ascot 27. Aug. 1645. * In a Letter printed at Oxford pag. 3. * Col. Fitz-Williams's Letter to Lord D. 16. July 1645. In his Letter from Caerdiff 3. August 1645 * To whom and the Irish Agents the King in his Letter to the Queen Jan. 30. 1644. advises not to give much Countenance 1646. The first Peace concluded The Lord Lieutenant upon Agreements on all sides repair'd to Kilkenny expecting there to receive Advance for his Majesty's Service * In his Works fol. 320. A Congregation of Clergy are summon'd contrary to his expectation to Waterford They inveigh against the Peace they had lately consented to The King of Arms barbarously used at Limerick The Confederates treachery to cut off the Lord Lieutenant The Congregation at Waterford declared Peace void The Nuncio's exorbitant carriage The Oath taken by General Preston The Nuncio besieges the Lord Lieutenant in Dublin and the Consequences thereof Some of the Supream Council being appointed to confer with the Lord Lieutenant the Nuncio admonishes them not to proceed That nothing yet might be ill resented of by the Lord Lieutenant the Supream Council wins on his Patience The Nuncio's Excommunication Matth. 16. 18 19. John 20. 23. 2 Cor. 2. 11. The two Generals Preston and O Neil being with the Nuncio engaged to sit down before Dublin sends a Letter with Propositions The Lord Lieutenant in great straits at the approach of the Nuncio to Dublin Upon the Irish breach of faith the Lord Lieutenant made a shew of delivering all into the Parliaments hands * Sir Gerr. Lowther Lord Chief Baron Sir Francis Willoughby Sir Paul Davis Knights The Parliament of England Voted Philip Lord Lisle Lord Lieutenant of Ireland He arrives in Ireland Knockmohun a strong Garrison Sir Rich. Osborn Governour His Expedition with his Commission soon determin'd being oppos'd by those who afterwards were accus'd * 7th of May. The Confederates upon Recruits out of England piece again with the Lord Lieutenant * Sir Thomas Wharton Sir Rob. King Sir John Clotworthy Sir Rob. Meredith Knights Rich. Salway Esq. The Lord Lieutenant not being admitted to send to the King the Treaty with the Parliaments Agents broke off The Marquis of Clanrickard's fidelity Upon the Marquis of Clanrickard's free dealing with the Confederates General Preston and others sign an Engagement Upon this there seem'd to be some Agreement betwixt the Lord Lieutenant and Confederates they taking Commissions from the Lord Lieutenant Yet after all the Officers of General Preston being not Excommunication-proof the Lord Lieutenant was again disappointed The Lord Lieutenant returns to Dublin which being not able to supply his Souldiers they were forced to be quarter'd on the Countrey where nothing but Victuals were taken by them The Assembly at Kilkenny justifie the Commissioners yet agreed with the Congregation at Waterford The Irish being in all things sound treacherous those who were most averse to the Parliament yet now wished the Lord Lieutenant might conclude with them The Lord Lieutenant's Conviction that the Irish intended to renounce the Crown of England A Motion to call in a forreign Prince The Kings Answer to the Lord Lieutenant upon his signification of his Streights in Dublin The Lord Lieutenant delivers Dublin to the Parliaments Commissioners though upon his