aut servitio dicto Comiti Tyrone suisque Haeredibus impendendo ac immediate parebit obediet Domino Regi sub ejus pace defensione perpetuo remaenebit suaeque Celsitudini de tempore in tempus solvet Bonagium Bonnaught caetera omnia Debita quoties ad id per Dominum Deputatum Concilium requisitus rogatus fuerit c. And on the eighteenth of July the like Order was made between O Donel and his Sons and several Proprietors of Tyrconel and O Donel's Authority was limited and both Parties were obliged to obey the Order on pain of forfeiting all their Estate And about the same time Brian Mac Mahon and Hugh Oge made their Submissions at Kilmainham and were pardoned the five hundred Marks they had forfeited by breach of their former Articles Lib. D. In the mean time the Scotch Islanders sent some Forces to the assistance of the Irish in Vlster but Andrew Brereton with five and thirty Horse met with two hundred of them and defeated them with great slaughter and by his good Conduct quieted Vlster and was therefore made General or Governor thereof But the Lord Deputy being recall'd took Shipping at Houth on the 16th day of December and being offered Testimonials of his good Government from the Council he modestly refused saying That if his Innocence would not defend him he would use no other Remedy than his Belief of the Resurrection of the Dead He was certainly a brave Man and an excellent Governor and would have been sent back with Honour if his Infirmities whereof he died the next year had not prevented it Sir Francis Bryan 1549. Lord Justice was chosen by the Council on the twenty 7th day of Decemb and sworn at Christ-Church in Dublin on the 29th but he enjoyed this Honour but a little while for the County of Typerary being infested by O Carol the Lord Justice made a Journy thither in favour of the young Earl of Ormond who was but twelve years old to protect the Country and on the second of February died at Clonmel whereupon Sir William Brabazon Lord Justice was elected by the Council he committed the Government of the County of Typerary to Edmond Butler Archbishop of Cashel and made a Journy to Limerick where Teig O Carol submitted and entred into Covenants of paying a yearly Tribute into the Exchequer and of serving the King with a certain number of Horse and Foot at his own charge and of renouncing his Pretences to the Barony of Ormond and afterwards the same Teig O Carol surrendred to the King his Country of Ely O Carol containing ninety three Plow-Lands and a half and the King re-granted the same to him and Created him Baron of Ely and by O Carol's means Mac Morough O Kelly and O Mlaghlin were now taken into Protection and Pardoned and by the Lord Deputy's Mediation the Earls of Desmond and Thomond who were wrangling about Bounds and the protection of each others Tories or Out-laws were reconciled on the eleventh of March Lib. D. and about the same time Dermond O Sullevan a great man in the County of Cork was together with his Castle or dwelling-House accidentally blown up by Gunpowder and his Brother Amalfus who succeeded him was likewise not long after killed But Bulloign being restored to the French on the twenty-fifth day of April 1550. the King was thereby enabled to send eight thousand Pound of the Money received there and four hundred men of that Garrison into Ireland which he did And thereby the Lord Justice was put into a Condition of pursuing Charles Mac Art Cavenagh Ware 188. who was again in Rebellion and was proclaimed Traytor and the Lord Justice acquitted himself so well in that Matter August that he killed many of Cave-nagh's Followers and burnt the Country But the French King hearing that the English marched an Army into Scotland lookt upon that Assault of his Ally as a Breach of the Peace with him and therefore sent an hundred and sixty small Vessels with Ammunition and Corn to assist the Scots it hapned that sixteen of them were shipwrackt on the Coast of Ireland however the King of England to obviate any Designs the French might have against his Dominions set forth a Fleet of twenty Ships and Pinnaces under the Lord Cobham which guarded two Harbors on the South and one in the North toward Scotland On the twenty third of October Richard Butler second Son of Pierce Earl of Ormond was Created Viscount Mountgarret and a little before that viz. on the tenth of September Sir Anthony Saintleger Ware 190. Lord Deputy returned to Ireland and Sir Thomas Cusack was made Lord Chancellor To this Deputy Mac Carty submitted in humble Manner and was pardoned and it seems that this Lord Deputy had Orders to call a Parliament but I do not find that there was any in Ireland during this King's Reign On the fourth of November Charles Mac Art Cavenagh made his Submission to the Lord Deputy at Dublin in presence of the Earls of Desmond Thomond Clanrickard and Tyrone the Lords Mountgarret Dunboyn Cahir and Ibracan and renounced the Name of Mac Morough and parted with some of his usurped Jurisdiction and Estate But let us cast an eye on the Affairs of the Church and we shall find that the Reformation made but small progress in Ireland since the same year produced Bishops of each sort for on the tenth of May Arthur Macgenis was by provision of the Pope constituted Bishop of Dromore and confirmed therein by the King and Thomas Lancaster a Protestant was on the third day of September made Bishop of Kildare However Bish Brown's Life 13. on the sixth of February the King sent the following Order for the Liturgy of the Church of England to be read in Ireland in the English Tongue EDWARD by the Grace of God c. Whereas our Gracious Father King Henry the Eighth of happy Memory taking into consideration the bondage and heavy yoke that his true and faithful Subjects sustained under the Jurisdiction of the Bishop of Rome as also the Ignorance the Commonalty were in how several fabulous Stories and lying Wonders misled our Subjects in both our Realms of England and Ireland grasping thereby the Means thereof into their hands also dispensing with the Sins of our Nations by their Indulgences and Pardons for Gain purposely to cherish all ill Vices as Robberies Rebellions Thefts Whoredoms Blasphemy Idolatry c. He our Gracious Father King Henry of happy Memory hereupon dissolved all Priories Monasteries Abbies and other pretended Religious Houses as being but Nurseries for Vice and Luxury more than for Sacred Learning Therefore that it might more plainly appear to the World that those Orders had kept the Light of the Gospel from his People he thought it most fit and convenient for the preservation of their Souls and Bodies that the Holy Scriptures should be Translated Printed and Placed in all Parish-Churches
3. To reduce Shane O Neal by force or otherwise 4. To invest the Baron of Dungannon in the Earldom of Tyrone if the Lord Lieutenant think fit 5. To apprehend the O Brians that oppose the Earl of Thomond 6. To make the Clerk of the Council Secretary of State 7. To make a Statute of Uses next Parliament 8. To grant Estates Tayl by Patent to all the Irish that will surrender 9. To reserve the best Rent that was at any time heretofore reserved on the Crown Leases and the Tenant to find a Horseman for every forty Pound Rent and a Footman for every six Pound thirteen Shillings and four Pence and if any Lease be voidable to let the Tenant renew increasing his Rent according to the best Survey 10. To augment the Revenue in granting of Wards and making them sue Livery and to collect and print the necessary Statutes It seems this Lord Lieutenant managed his Affairs well in Vlster 1561. although the Particulars are not recorded any where that I could find Lib. â— for on the sixth day of January Shane O Neal made his Submission to him and thereupon on the twenty second of the same Month he went to England leaving Sir William Fitz Williams Lord Justice 1562. who was sworn on the second Day of February and continued until the twenty fourth day of July and then Thomas Earl of Sussex Lord Lieutenant returned again and finding that the inconstant Shane O Neal had apostatized into Rebellion he prepared as fast as he could to reduce him to Obedience but the Winter approaching so near he was forced to adjourn his Design till the Spring and then on the first day of April he set forward 1563. and on the ninth there hapned a Fray between some Kirne in his Camp to the Slaughter of two or three of them but the Lord Lieutenant by his Authority composed that Matter On the thirteenth of April the English discovered an Ambush laid by Shane O Neal and fell upon them so that one and twenty of the Rebels were killed On the sixteenth the Lord Lieutenant passed over the Blackwater and took a Prey of two hundred Kine And on the twenty sixth he came back to Dundalk On the first of June he advanced again to Dungannon and quartered there and the next day came to Tulloghoge and undestanding that O Neale and his Party were in a Fastness not far off the English attacked them and drove them farther into the Woods And on the third of June the English took eighty Cattle and killed four or five Rebels And on the fourth the Army returned to Armagh And on the sixth day of June they took a Prey of three thousand Kine and one thousand five hundred Garons and Mares which were divided among the Soldiers and so the Army returned to Drogheda Hereupon O Neal being shrewdly terrified Cambden 121 and being also advised by the Earl of Kildare made his Submission to the Lord Lieutenant and promised to do the like in England which he performed in the presence of the Embassadors of Sweden and Savoy and upon his Promise of amendment he was taken into Favour and the Queen gave him some Presents and lent him two thousand five hundred Pound and ordered Sir Thomas Worth and Sir Nicholas Arnold whom she sent Commissioners into Ireland to establish a College at St. Patrick's Church c. to make an Enquiry about a Complaint that O Neal had made That one John Smith had design'd or attempted to poyson him After his Return home he behaved himself civilly and loyally for some time he assail'd the Scots and slew their Captain James Mac Conal and drove them out of Vlster he protected the poor from Injury and was orderly in every thing except his Tyranny over the Lords and Gentlemen of Vlster whom he challenged to be his Vassals Whereupon Macguire and others complained to the Government but O Neal disdaining to have his Princely Claim tried in a Court grows enraged at Macguire for putting the Dilemma upon him either of running into Rebellion again or submitting his Title to the Lord Lieutenant's determination 1564. and in this Fury O Neal invades Fermanagh expels Macguire burns the Cathedral Church of Armagh and besieges Dundalk but the Valour of the Garrison preserved the place till William Sarsfield Mayor of Dublin and a choice Band of Citizens raised the Siege nevertheless O Neal spoil'd and wasted the adjacent Country The Lord Lieut to revenge this proceeded briskly against O Neal Burlace 126. but before he could bring his Designs to perfection he was recalled in his time the Country of Annaly was made Shire-Ground and is called the County of Longford and Connaught was divided into six Counties Clare Galwey Sligo Mayo Letrim and Roscomon he also erected a kind of a Post-Office for the better Correspondence between England and Ireland Holingsh 114. And yet there are some who not without probability attribute these good Works to Sir Henry Sydny On the first of February there hapned a bloody Conflict between the Earls of Ormond and Desmond Lib. P. at Athmean or Affane in the County of Waterford where the latter lost two hundred and eighty of his Men but not long after the Lord Lieutenant was recalled and Sir Nicholas Arnold 1565. Lord Justice was sworn the twenty fifth of May and had an Army or rather a Garrison of fifteen hundred and ninety six Soldiers with which he made a shift to keep what he had but he did not enjoy that Honour long before Sir Henry Sydny Knight of the Garter Lord President of Wales came over Lord Deputy he Landed on the thirteenth of January and was sworn the next Sunday after being the twentieth he was received with great joy being a Person of whose excellent Government that Kingdom had long Experience and when he received the Sword he made an eloquent and pithy Speech to this effect setting forth what a precious thing good Government is and how all Realms Commonwealths Cities and Countries do flourish and prosper Hooker 111. where the same is orderly in quiet Justice and Wisdom directed and governed Secondly What a continual Care the Queens Highness hath had and yet hath not only for the good guiding and ruling of the Realm of England but also of Ireland which she so earnestly desireth and wisheth to be preserved as well in Peace as in War That she hath made great Choice from time to time of the most Grave Wise and Expert Counsellors for the one and the most Valiant Skilful and expert Men of Arms for the other That both in Peace and Wars the publick State of the Commonwealth and every Member therein might be conserved defended and kept in Safety under her Government And for the performance thereof her Majesty over and besides the Revenues of the Crown of Ireland did yearly far above any of her Progenitors expend of her own Coffers out of England great Masses of Money
Kerry to the Sheriff and the Lord of Lixnaw with the Lord President of Munster he returned to Dublin the 9th of August 1584. In his way he took Pledges from Pheagh Mac Hugh and appointed Sir Henry Harrington to take the like from O Birne O Toole and the Septs of O More and O Connor and committed the Kings County to the care of Sir George Bourcher and of the Queens County to Sir Warham Saint Leger he also appointed Commissioners to take Hostages of the Cavenaghs and when he came to Dublin he decided a Controversy between Philip and Sir John O Reyley to both their Satisfaction About this time the Lord Deputy published Orders to be observed by Justices of the Peace one whereof was lodged with every Custos Rotulor Lib. C. the most material of them were to keep Sessions Quarterly to enquire into Penalties of Statutes forfeited Recognizances Contempts Breach of Peace winking at Malefactors Confederacies and Parlies with Tâ—â—ytors or notorious known Theives that all Men and Women from Sixteen to Seventy be Booked and Sworn to Allegiance else committed to Goal to have General Musters every year and see the People are Armed according to Law to have Buts and common Pounds to make two High-Constables Substantial Gentlemen in every Barony and printed Books of their Duty to be sent them and also two petty Constables in each Barony to send to Goal all Spies Carrows Bards and Idlers c. To appoint two Searchers for every Parish to Search the Houses and Persons not Gentlemen for Beef Pork or Mutton and if any such be found and no notice was given to the Searcher of the Killing thereof the Party shall be punished by Fine and to cause all Cattle to be marked with Pitch or Ear-mark on pain of Forfeiture On the 25th of August The Deputy with One thousand Foot some Kearns and the Risings out of the Pale and some Lords of Munster and well accompanied with Officers and Persons of Quality set out from Dublin and came the 29th to Newry where Turlogh Lynogh submitted and put in Pledges as did also soon after Macgenis Mac Mahon Turlogh Brasilogh and others The Lord Deputy having thus secured the Country ordered some Ships to Loghfoyle to attack the Scots that way which they got notice of and immediately retired and went off to Scotland almost in sight of the English Ships and their escape was imputed to the negligence of the Sea-Commanders However the Deputy proceeded to the Ban himself Ormond and the Nobility kept Clandeboy side and General Norris and the Baron Dungannon kept Tyrone side The Deputy spoiled Brian Carrows Country and forced him and Surleboy to fly to Glancomkeane with their Creights and Cows Norris took a prey of 200 Cows from Ochane which gave great relief to the Army but 100 of his stragling Boys and Servants were cut off by Brian Carrows men and some that came to their Rescue were wounded and soon after Mr. Thomas Norris was wounded in the Knee with an Arrow and Oliver Lambert was taken Prisoner in Ochanes Country nevertheless the Rebels fled from the English and were worsted in most encounters so that Captain Meriman brought a good Prey from their fastness and Norris scour'd Glancomkene-wood preyed Brian Carrows Country and slew them that were put to defend it Hereupon Ochane submitted and put in Hostages and was the first Rebel in Arms that was pardoned since the Deputy came over then went the Deputy to besiege Dunluce and sent Artillery by Sea to Skerries portrush and thence by men it was drawn two miles it soon brought the Ward to parley and to surrender this impregnable place and the fame of this Exploit made the Warders desert Donfert and these losses forced Surleboy to submit and put in Hostages and to beg Pardon which was granted him Whilst the Deputy abode in Vlster O Donell and O Toole submitted themselves unto him and there happening some Controversies between Turlogh Lynogh and others of the O-Neals he caus'd them to implead one another by Bill and Answer that so those Contests might be regularly decided he also gave them an Oath of Allegiance and drew the Grandees of Vlster to a Composition for the maintenance of 1100 Soldiers at their own charge the Queen allowing every 100 men 250 Pounds Lib. M. per annum also they agreed to surrender their Estates and take new Patents and in like manner the Lady Camphell and Donell Gorme made their Submismissions at the Camp near Dunluce on the 18th of September and obtain'd a Grant of that part of the Glinns formerly Massets paying 50 Bieves yearly and supplying 80 Soldiers to serve the Crown when required And so the Deputy left 200 Foot and 50 Horse at Colrain and came to Newry on the 28th of September to which place Turlogh Lynogh brought Henry Son of Shan O Neal and delivered him prisoner to his Lordship Con mac Neal Oge was forc'd to content himself with the upper Clandeboy and the Lieutenancy or Government of Vlster was divided between Turlogh Lynogh the Baron of Dungannon and Sir Henry Bagnall and this great Service being thus effected the Deputy return'd to Dublin the 11 of October Hence the Deputy gave an account to the Lords of the Council in England of his great Success and proposed that for 50000 per annum added to the Revenue for three years he would wall seaven Towns Athloan Dingle Colrain Liffer Sligo Newry and Mayo and build seaven Castles at Black-water and Ballishannon Bellick Broad-water in Munster Castlemartine in the Routs Galin in the Queens County and Kilcomane and erect seaven Bridges at Colrain Liffer Ballishannon Dundalk Fermoy Veale near Slevelogher and Kells in Clande-boy and with the help of the Vlster Composition he would likewise maintain 2000 Foot and 400 Horse during that time he desired 600 Soldiers and a Chief Justice might be sent over that Tamistry might be abolished and the Irish Lands pass'd in Patent to the Proprietors on English Tenures to all which he received a smooth but dilatory Answer and therefore wrote again to the Parliament of England the 17 of January 1584. to the same effect and with like success Nevertheless this active Governour proceeded to doe what he could to repair the broken and miserable Estate of Ireland he encouraged the Bishops to the Repair of Churches and wrote to England that no more Bishopricks might be granted in Comendam and he also divided Vlster into Counties and placed Sheriffs Justices of Peace Constables and other Officers in them And then he summoned a Parliament to meet the 26th of April 1585. at Dublin and caused the Irish to conform to the English Habit to which they have a great aversion because they esteem it a mark of Subjection The Irish Lords were obliged to wear Robes and the better to induce them to it the Deputie bestowed Robes on Turlogh Lynogh and other principal men of the Irish which they embraced like fetters so that one of
of March 1625 having in his Life-time created the Irish Nobility hereafter mentioned viz. February 23d 1603. Rory O Donell Earl of Tyrconnel February 23d 1615. Sir Arthur Chichester Baron of Belfast since Earl of Donegal July 14th 1616. Brabazon Baron of Ardee since Earl of Meath September 29th 1616. Sir Richard Boyle Baron of Yough-hall afterwards Earl of Corke May 25th 1617. Ridgeway Baron of Galenridgeway since Earl of London-Derry July 20th 1617. Moor Baron of Melefont since Earl of Drogheda Septemâ—er 6th 1617. Touchet Earl of Castlehaven and Baron Orior February 17th 1617. Lambert Baron of Cavan since Earl of Cavan Ibid. Bourk Baron of Brittas May 8th 1618. Hamilton Baron of Strabane January 31st 1618. Blunt Baron Mountjoy Ex. June 29th 1619. Mac Donald Viscount Dunlucâ— since Earl and Marquess of Antrim February 19th 1619. Sir Richard Wingfeild Viscount Powerscourt July 1620. Preston Earl of Desmond Viscount Dunmore Ex. May 1621. Dockwray Baron of Culmore Ex. Ibid. Blany Baron of Monaghan March 1st 1621. Henry Power Viscount Valentia Ex. Theo. Butler Viscount Tullagh THE REIGN OF CHARLES I. KING OF England Scotland France AND IRELAND CHARLES the only surviving Son of the Deceased King James 1625. by undoubted Right succeeded his Father in all his Dominions on the 27th day of March 1625 and was accordingly Proclaimed the same day and on the 23d day of June following he was Crowned at the Abby of Westminster with great Solemnity and as to Ireland HENRY Viscount FALKLAND was continued Lord Deputy and other inferior Officers likewise were confirmed in their respective Places but the Affairs of England being not a little out of Order the Irish took advantage thereof to be very high and insolent at home to which they were much encouraged by the Bull of Urban the 8th of the 30th of May 1626. to the English Catholicks exhorting them rather to loose their Lives then to take Noxium illud illicitum Anglicanae fidelitatis Juramentum 1626. quo non Solum id agitur ut fides Regi servetur P. W. Remonstrance 11. sed ut sacrum Universae Ecclesiae sceptrum eripatur Vicariis Dei Omnipotentis that pernicious and uâ—lawful Oath of Allegiance of England which his Predecessor of happy Memory Paul 5th had condemned as such Hereupon it was found necessary to increase the Army to the number of Five thousand Foot and Five hundred Horse the Charge whereof amounted unto 64240 l. 1 s. 2 d. which was more then the Kings Revenue out of which the Civil List was nevertheless to be paid so that it was necessary to find out some other Bund for the support of the Army and until that could be done the Lord Deputy and Council on the 14th of September by their Letters did recommend several Troops and Companies of the Army to the Counties and Towns of the Kingdom to be maintained for three Months and so from three Months to three Months until the last day of March 1628 and this whole Charge or Incumbrance on the Countrey was estimated at 36951 l. 6 s. 7 d. ½ and in the King's Letter of the 22d of September 1626. to raise this Army and that the Countrey should maintain it with Money Cloaths and Victuals his Majesty promises in lieu thereof to Grant certain Graces to the Countrey and particularly to suspend the Composition But the Gentlemen that were Agents from Ireland did to ease the Kingdom from that oppression offer to pay 40000 l. a Year for three Years in the nature of three Subsidies and to pay it quarterly from the first of April 1628. which was accepted of and the same was Paid accordingly until the first day of October 1629. On the 16th of May 1626. 1626. The King reciting a Complaint of Sir Samuel Smith's against the Lord Chancellor and that there was difference between the Lord Deputy and Chancellor 1. Because the Chancellor refused to Seal some Patents offered to him 2. Because he denied to appoint Judges for Circuits when thereunto required by the Deputy 3. Because he refused to appoint Justices of Peace at the Lord Deputies Nomination and made one Justice of the Peace against his Express prohibition to which the Lord Chancellor made Answer That in the first Case there was matter of Equity Convenience of State and Question in Law unresolved and that in the sesond Case he had directions in the time of King James and that in the third Case it was the Priviledge and Jurisdiction of his place Therefore the King orders That the Chancellor bear fitting respect to the Lord Deputy who is his Majesties Representative and as to the Matters in Debate if the Chancellor refuse to Seal any Patent in question for Reasons of State that the Cause be debated in Council and if then they think it fit and the Chancellor still refuses till he has appeal'd to his Majesty as he may it shall be at his Peril if the State suffer by his delay if the Question be in Law that the Judges decide it and if the Chancellor be not satisfied therewith he ought to appeal to the King for farther Directions and particularly about the Patent for Tanning Leather As to the Second if the Chancellor will not appoint Judges as the Lord Deputy desires that then it be refer'd to the Council-board and their Sentence be definitive as to that And as to the Third the Chancellor will not refuse to make any Man a Justice of the Peace recommended by the Lord Deputy if he does that then the Order of the Council-Table shall govern that Matter and in all these Cases it becomes the Chancellor to repair to the Deputy and acquaint him with his Reasons whenever he refuses And as for Sir Samuel Smith's Complaint his Case was that he had the sole Nomination of those that should be Licensed to Sell Aquavitae and did set that Priviledge to one Miagh for the County of Cork the King appoints the Chief Justice Chief Baron and Sir John King to Arbitrate that Matter and to make Reparation to Miagh whose Patent must be called in because he is an infamous Person and unfit for that Trust and a new Patent for that County must be Granted to whom Sir Samuel Smith shall name In the same Month of May the King sent an Order to the Lord Deputy to make a Lord High Steward c. for the Tryal of the Lord of Dunboyn by his Peers upon an Indictment found against him in the County of Typerary for killing a Man and in January after the Earl of Marleburgh Duke of Buckingham and the Lords of Pembrook Dorset Grandison Conway and Carlton and Sir Richard Weston were made Commissioners or rather a Committee for Irish Affairs And on the Eighth of February Edward Brabazon Baron of Ardee was ordered to be Earl of Catherlogh but for what Reasons I know not he had not that Title but was afterwards made Earl of Meath And on the Second of March his Majesty sent an Order
even this was sent to the Lord Lieutenant and His Majesties Directions were prayed therein and the like was done by a Paper of Grievances sent by the Lord Mountgarret to the Earl of Ormand at the same time and in August 1642. the Remonstrants sent to the Earl of Ormond a Petition directed to His Majesty which accordingly the Lords Justices transmitted to him That the Lords Justices did endeavour to stop the spreading of the Rebellion and to reduce the Rebels to Obedience by fair means Viz. by their Proclamations of 23 d. of October and 1 st of November promising Mercy to all that should desist from force by imploying a Committee of Parliament to treat with them but they scornfully rejected the Message and contemptuously tore the Committees Letter and the Order of Parliament and by imploying Doctor Cale and some of their own Clergy to treat with them whom they likewise abused and by authorizing the Lord Moor and afterwards Sir Richard Barnwall and Patrick Barnwall to perswade them to Submission and by giving Commissions to the Lord Gormanstown and other of the Remonstrants but whilst they found Success they were deaf to all Perswasions and now that they are baffled they forge Causes of Complaint so that His Majesty is not misinformed nor the Remonstrants unjustly traduced nor misrepresented to the King To the first Article they say that it is too general and generally untrue that Popery is a New Religion midwived into the World by the Council of Trent which ended 1563 and therefore could not be professed by the Remonstrants nor their Ancestors for 1300 Years that the Irish were at first Protestants as Bishop Vsher hath proved at large and in Henry the Eight's Reign were averse to the Papal Usurpations and consented to Laws to suppress them and generally came to Church until 13 Eliz. some of them flew off upon the Bull of Piut V. and 30 Eliz. upon the Arrival of some Spaniards shipwrackt on the Coast of Ireland the Apostasie became more common however the Recâ—sancy of coming to Church was not general until about the middle of King James his Reign But however that be this is certain that the Papists were so far from being persecuted that all Laws against them were suspended and they enjoyed a Connivance little differing from a Toleration so that even their Ecclesiastical Heirarchy publickly executed their Functions and the Clergy swarmed to that Degree that Paul Harris wrote to Pope Vrban 8ht That it was as difficult to number the Friers in Dublin as to reckon the Frogs in the second Plague of Egypt That notwithstanding the Statute of 2 Eliz. there have been ten chief Judges successively and all the inferior Judges of Irish Birth and Education that the first English Judge that came over after that Statute was Sir Robert Gardiner 29 Eliz. That several Irish Papists had commands in the Queen's Army and were Governors of Counties as the Earl of Thomond Clanrickard c. And even now at the Time of the Insurrection Papists were admitted to be High Sheriffs of Counties Justices of Peace Magistrates of Corporations Marshals upon Occasion Councellors at Law Doctors of Physick Clerks Attornies and Sollicitors c. so that none go abroad but for their Improvement as the Gentry of all Countries do or to Seminaries to become Clergymen And these Popish Natives have had their share of His Majesties Favour in dispensing of Honour several of them having been made Lords Baronets and Knights and such as were capable of it by Conformity and Education were preferred in the Church and even those that were unfit for it and were Papists were nevertheless upon an external and partial Conformity only continued in their Spiritual Dignities by Queen Elizabeth notwithstanding the Statute of 2 Eliz. Their Nobility had all the respect and priviledge which good manners and the Law gives to their Quality and by the industry and improvements of their English Tenants lived more Regularly Plentifully and Gentilely than any of their Ancestors ever did or could and that the Popish Youth were never denied admittance into any Free-School nor into the University nor any Question made about their Religion only when they come to be Graduates they must then conform to the Laws of the Land and the Statutes of the Colledge and the Answerers think that the Remonstrants have small reason to complain whilst they enjoy those Liberties and Favours which are denied to the Popish Natives of England who though less in number are much superior to the Remonstrants in Quality Loyalty and Riches But if the Laws of the Land do exclude Recusants from Offices of Trust and Honour they ought to have patience till his Majesty shall think fit to consent to a Repeal of them nay if their Oppressions were without Law their proper Remedy were by Supplication and Petition to the King and not by Murther Rebellion and Depredation To the Second they say it is an aspersion on the King for the ill choice of his Officers and is so undutiful that no Person of Honour will appear in it it was devised by the Popish Clergy and the Jesuited Lawyers who are the Firebrands of these horrible Flames which have almost consumed the Kingdom and it is notoriously false for the chief Government hath been placed either in Men of Nobility or great Estate or in Men of great Merit and in a high Station none of which ever built their Fortune on the Ruine of the Kings Subjects but some of them have been undone by the unjust clamour of the Irish who never endure long any English Governor that endeavours their legal obedience to the Crown So that of One and Twenty chief Governours successively Thirty Privy Councellors Twelve chief Judges and several inferior Judges sent out of England since the Statute of 2 Eliz. not one of them left any Estate there nor were enriched by that Service and even the Earl of Strafford paid great Sums of Mony for what he bought there whereas such of the Natives of that Kingdom as were Judges have left great and visible estates whereby it will appear who built most upon the Ruines of the Natives That the Natives became suspected and odious in England not by any scandals cast upon them but by their degeneracy and frequent Rebellions whereby Ireland whilst managed by them was always in disorder and so poor that it was a continual charge to England whereas since the management of it by English the dependancy of the People is placed in the Crown Legal Properties are secured the Irish pernicious Customs abolished Civility introduced the Kingdom improved so that it was better able to give Ten Subsidies now than one in former times Trade and Commerce increased the Revenue advanced from 8000 to 85000 l. per Annum the Laws duly administred Religion propagated the Army maintained without oppressing the Subject and a Navy kept to guard the Coasts the People are grown Rich and Numerous the breed of Cattle bettered and
agreed by and between the said Parties and his Majesty is graciously pleased that for the preservation of the Peace and Tranquility of the Kingdom That the said Lord Lieutenant and the said Lord Viscount Mountgarret c. or any Five or more of them shall for the present agree upon such persons who are to be authorised by Commission under the great Seal to be Commissioners of the Peace Oyer and Terminer and Goal delivery in the several Counties and parts of Counties within the now Quarters of the Confederate Catholicks with such power as Justices of the Peace Oyer and Teminer and Goal delivery in former times of Peace have usually had which is not to extend unto any Crime or Offence committed before the Fifteenth of September 1643. And to be qualified with Power to Hear and Determine all Civil Causes coming before them not exceeding Ten Pounds provided that they shall not intermeddle with Titles of Lands provided likewise the authority of such Commissioners shall not extend to question any Person or Persons for any Cattle or Goods heretofore taken by either Party from the other contrary to the Articles of Cessations but that the same shall be left to be determined in such way as by these Articles is already prescribed which Commissioners are to continue till settlement by Parliament Si tam diu se bene gesserint and if any who shall be so intrusted shall misbehave himself in the execution of such trust within that time that then such other person or persons shall be appointed in his or their place as shall be agreed on by His Majesties Chief Governour or Governors for the time being by the Advice and Consent of the said Persons so to be intrusted or any Five or more of them and the said Commissioners are to make their Estreats as accustomed in time of Peace and shall take the ensuing Oath Viz. You shall Swear that as Justice of the Peace Oyer and Terminer and Goal delivery in the Counties of A. B. C. in all Articles of the Kings Commission to you directed you shall do equal right to the Poor and to the Rich after your Cunning Wit and Power and after the Laws and Customs of the Realm and in pursuance of these Articles and you shall not be of Council of any Quarrel hanging before you and the Issues Fines and Amerciaments which shall happen to be made and all Forfeitures which shall happen before you you shall cause to be entred without any concealment or imbezeling and truly send to the Kings Exchequer You shall not let for gift or other cause but well and truly you shall do your Office of Justice of the Peace Oyer and Terminer and Gaol delivery in that behalf and that you take nothing for your Office of Justice of the Peace Oyer and Terminer and Gaol delivery to be done but of the King and Fees accustomed And you shall not direct or cause to be directed any Warrant by you to be made to the Parties but you shall direct them to the Sheriffs and Bayliffs of the said Counties respectively or other the King's Officers or Ministers or other indifferent Persons to do Execution thereof So help you God And that as well in the said Commission as in all other Commissions and Authorities to be issued in pursuance of 〈◊〉 Articles this Clause shall be inserted viz. That all 〈…〉 and Marshal shall be required to be â—iding and assisting 〈…〉 the said Commissioners and other persons to be Authoriâ—â—◠〈…〉 the execution of their respective Powers 27. It is further concluded accorded and agreed by and between the said Parties and his Majesty is further graciously pleased That none of the now Roman Catholick Party shall from henceforth untill there be a Settlement by Parliament Sue Implead or Arrest or be sued Impleaded 〈…〉 in any Court Place Judicature or Tribunal or before 〈…〉 Justice or Commissioner whatsoever other than 〈…〉 Commissioners aforesaid or in the several Corporations or other Judicatures within the now Quarters of the said Confederate Catholicks as hath or have Power derived from his Majesty 28. It is further concluded accorded and agreed by and between the said Parties and his Majesty is further graciously pleased that his Majesties Confederate Catholick Subjects do continue the possession of such of His Majesties Cities Garrisons Towns Forts and Castles which are within their now Quarters until settlement by Parliament and to be Commanded Ruled and Governed in chief by such as his Majesty or his chief Governor or Governors of this Kingdom for the time being shall Appoint and his Majesty his chief Governor or Governors of this Kingdom as aforesaid is to issue Commissions and appoint such Person and Persons as shall be named by his Majesties chief Governour of Governours for the time being by and with the Advice and Consent of the said Lord Viscount Mountgarret c. or any Five or more of them for the execution of such Command Rule or Government to continue until all the particulars in these present Articles agreed on to pass in Parliament shall be accordingly passed only in case of Death or Misbehaviour such other Person or Persons to be appointed for the said Command Rule and Government to be named and appointed in the place or places of him or them who shall so die or misbehave themselves as the chief Governor or Governors for the time being by the advice and consent of the said Lord Viscount Mountgarret and the rest of the above mentioned Parties to be authorised as aforesaid or any Five or more of them shall think fit and to be continued until settlement in Parliament as aforesaid 29. It is further concluded accorded and agreed by and between the said Parties and his Majesty is further graciously pleased that all Customs belonging to his Majesty which from the perfection of these present Articles shall fall due within this Kingdom shall be payed into his Majesties Receit and to his use any Request Clause or Demand in the Act of Oblivion or in any other former Propositions to the contrary notwithstanding Provided thet alliance very Person and Persons who are at the present intrusted within the now Quarters of the Confederate Catholicks by them the said Confederate Catholicks in the Entries Receits Collections or otherwise concerning the said Customs do continue their respective Imployments in the same until full settlement in Parliament other than as to such and so many of them as to the chief Governor or Governors for the time being by the advice and consent of the said Lord Viscount Mountgarret and the other Persons to be authorised as aforesaid or any Five or more of them shall be thought fit to be altered And then in such case or in case of Death or Misbehaviour or other alteration of any such Person or Persons such other Person or Persons to be imployed as shall be thought fit by the chief Governor or Governors for the time being by and with the advice and consent of
and believed Camden's Annals he was crowned on Ascension-Day by the said Archbishop 1199. at Westminster with great Solemnity and not long after he was girt with the Ducal Sword of Normandy by William Archbishop of Roan Hanno de Valois Lord Justice continued so the first Year of King John but then he fell into such Disgrace that he was not only remov'd from his Government Libb GGG but also was obliged to give the King a thousand Marks Lamberh for his Favour and for a Discharge of his Accounts about Ireland And Meyler Fitz-Henry 1200. Natural Son of King Henry I by Nesta Mother of Maurice Fitz-Gerald 1202. was made Lord Justice in whose Time May 4. 1202. King John granted that is confirmed the Archbishoprick of Armagh to Humphry de Tickhul but Ralph le Petit Archdeacon of Meath pretended that the Election fell on him and resolved to contest it with Tickhul 1203. In the mean Time the Pope appointed one Owen mac Gillevider but the King was so angry with him that he prohibited all the Clergy from owning him as Archbishop And to prevent him the King on the Death of Tickhul Ware de Presul 17. anno 1203. confirmed Ralph le Petit in the Archbishoprick Nevertheless Owen so managed the Matter that he enjoyed the Archbishoprick and was restored to the King's Favour He had the Character of an Honest and Worthy Prelate and was present at the Lateran Council in Quality of Primate of all Ireland The King had given to William de Braos and his Heirs the Honour of Limerick with the Appurtenances as Henry II gave it to Philip Unkle of William except the City of Limerick and the Donation of Abbies and Bishopricks the Cantred of the Oastmens and the Holy Island and the Services of William de Burgo which the King retained to be held by sixty Knights Fees But I do not find that William de Braosa had any great Benefit of this Grant for being a bold and a generous Man and abhorring the Murder of Duke Arthur the King's Nephew which he verily believed was done by the King's Command as did likewise John de Courcy they both spoke more than came to their Share And thereupon Braosa fled into Ireland with his Wife and Children from whence he afterwards removed to the Isle of Man and thence to France where he dyed but she and her Son were taken in a Castle in Meath Speed 508. and tho' she sent the Queen a strange Present of four hundred Cows and a Bull all White but their Ears which were Red yet that could not make her Peace but that she and her Son were sent Prisoners to Windsor where they were starv'd to Death as was said And as for Courcy the King to mortifie him appointed his Inveterate Enemy and Competitor Hugh de Lacy 1203. Lord Justice of Ireland and gave him Order to arrest Courcy and send him Prisoner to England But Courcy had some Intelligence or at least Jealousie of the Design and therefore kept upon his Guard so cautiously that Lacy could not surprize him Wherefore he levied an Army and invaded Vlster at Down both Parties met and the Valiant Courcy sent Lacy back with Blows and Shame enough After this Bloody Victory Courcy offered the Combat which the Lord Justice in his Politick Capacity refused to undergo against a Subject and a Traytor wherefore he took a wiser Course and by his Proclamation offered a large Reward to him that should bring in Courcy alive or dead But this not taking effect he dealt with some of Courcy's Servants to seize their Master on Good-Friday whilst unarmed he should be doing Penance and walking Bare-foot about the Church-Yard of Down as he was wont to do every Year They undertook the Matter and effected it with the Slaughter of two of the S. Lawrences who attended their Unkle Courcy that Day But the Traytors paid dear for their Perfidiousness for Courcy with a Wooden Cross which he got in the Church-Yard killed thirteen of them and the rest were sent by the Lord Justice into England with this Pasport which they were obliged not to open till they were in Necessity of it I Hugh de Lacy Lord Justice of Ireland Servant to my dread Sovereign Lord King John To all them that shall read these few Lines greet Know ye That these Men whose Names are underwritten sometimes served Sir John de Courcy late Earl of Ulster but now in Durance in the Tower of London and for a Sum of Mony betraied their own Master into my Hands I deem them no better than Judas the Traytor How hardly soever I have conceived of Courcy I hold them to be a thousand times more damnable Traytors Wherefore let no Subject in the King's Dominions give them any Entertainment but spit in their Faces and suffer them to rogue and wander about as Jews The Lord Justice provided a Barque and Victuals for them but denyed them Pilots or Seamen so that being sufficiently tossed at Sea they were driven into Cork and were there taken and afterward hanged by Order of Lacy who shewed himself Generous in this one thing That though he loved the Treason he hated the Traytor And thus was the Valiant Courcy condemned to perpetual Imprisonment in the Tower of London and that Lacy might personally solicit a Reward for this great Service he had leave to come to Court And Myler Fitz-Henry was again made Lord Justice April 3. 1205. The Historians of that Age make honourable Mention of him He died Anno 1220. and was buried in the Abby of Conal which himself had founded and on his Tomb was this bald Epitaph Conduntur Tumulo Meyleri Nobilis ossa Indomitus Domitor totius Gentis Hibernae But Hugh de Lacy's Services were so well accepted in England May 2. 1205. that the King gave him the Earldom of Vlster as fully as Courcy held it the day he was taken except the Donation of Bishopricks and Abbies and because the King had occasion of Lacy's personal Attendance in England therefore he gave Charge to the Lord Justice to defend and preserve Lacy's Lands as he would the Demesnes of the Crown On the 30th of August Lib. GGG 6. A Writ was sent to the Lord Justice commanding him to build a strong Castle at Dublin to defend that City and to preserve the King's Treasure and the Second of November following the King by Writ commanded Walter de Lacy to put Limerick into the Lord Justice's hands because without it he could neither keep the Peace in Cork nor Connaught The same Year the King of Connaught releas'd two Parts of that Country 1206. retaining the Third at the yearly Rent of an hundred Marks and the next Year offered to continue Tenant to the same Third part at the aforesaid Rent of one hundred Marks per Annum to be held per Baroniam and to pay a yearly Tribute of three hundred Marks per
them to secure the Peace of the Nation And sent them farther private Instructions by Robert Waspail who carried those Letters to whom he commanded them to give Credit And not long after the Lord Justice was removed and David Barry the worthy Ancestor of the Noble Family of Barrymore was made Lord Justice 1267. he so managed the Giraldines that he took from them the Castle of Sligo and all their Lands in Connaught and thereby put an End to those Wars and Differences that were between them and the Burks And in his Time the Friers Preachers were setled at Ross Kilkenny and Clonmel Sir Robert de Vfford was made Lord Justice of Ireland 1268. and began to build the Castle of Roscomon In his Time Cnoghor O Brian of Thomond was slain i.e. murdered by Dermònd mac Monard and Maurice Fitz-Girald not of Desmond as the Annals say but Son of Maurice Lord Justice anno 1272 was drowned between Ireland and Wales And about this Time came over a Writ from the King to levy Aurum Reginae for Elianor the Prince's Wife as was used in England which you may read at large 4 Inst 357. On which I will make but this one Remark That if the Sovereignty of Ireland were in the Prince how comes the King to send the Writ But it will evidently appear by the following Writ That the Prince had not the Sovereignty of that Kingdom CVm Rex per Cartam suam concessit Edvardo 52 Hen. 3. primogenito suo Terram suam Hiberniae cum pertinentiis Lib. GGG c. habendum sibi haeredibus suis Lambeth ita quod non separetur a Corona Angliae idem Edvardus sine Licentia Regis alienationes quorundam terrarum tenementorum spectantium ad Terram praedictam fecerit contra tenorem feofamenti Regis quod idem rex sustinere voluit ideo nunc dedit potestatem mandatum nepoti suo filio Regis Alemani the Son of Richard Earl of Cornwal King of the Romans revocandi omnia maneria terras tenementa quae dictus Edvardus filius Regis sic alienavit post feofamentum praedict c. Richard de Excester 1269. Lord Justice In whose time Othobon the Pope's Legate made excellent Constitutions at London He made a more firm Peace and Reconciliation between the Burks and Giraldines And not long after died and Sir James Audly 1270. or de Aldethel was made Lord Justice and had a very unfortunate Government of it for the Irish were every where troublesome Fragm M. S. Quasi omnes Hiberni guerraverunt omnes munitiones Fortifications in Ophaly praeter Castrum de Lega Ley destructi sunt Anglici inde expulsi magna strages utriusque nationis facta est in Connacia The Irish burn'd spoil'd destroyed and slew as well Magistrates as others and the King of Connaught in plain Field defeated Walter Burk Hanmer 202. Earl of Vlster and killed a great number of Nobles and Knights and particularly the Lords Richard and John Verdon and a great Famine and Pestilence the natural Consequences of War spread over all Ireland and sorely afflicted the whole Kingdom The Castles of Aldleck Roscomon and Scheligah perhaps Sligo were destroyed Nevertheless the Pope without Regard to these Universal Calamities required the Tiths of all Spiritual Promotions for three Years to maintain his Wars against a Christian King viz. of Arragon and tho' the People murmured and their Poverty and Misery pleaded loudly for them yet the rapacious Nuntio would not go empty away On the 23 of June 1272. the Lord Justice was killed by a fall from his Horse in Thomond and Maurice Fitz-Maurice Fitz-Girald was made Lord Justice 1272. and so continued till the sixteenth Day of November at which time the King died in Peace and full of Days in his Palace at London having reigned longer than any King since the Conquest viz. six and fifty Years c. THE REIGN OF EDWARD I. King of England c. And LORD of IRELAND EDWARD the First from the Talness of his Person Nicknamed Long-shanks succeeded his Deceased Father in all his Dominions on the 16th Day of November 1272 but he being at that time absent in the Holy Land the Nobility took care to keep all quiet until his Return and then on the 15th Day of August 1274. he was Crowned by Robert Archbishop of Canterbury Maurice Fitz-Maurice Fitz-Girald continued Lord Justice and to him Ware de pres 34. and to Hugh Bishop of Meath Lord Treasurer and to John de Sandford Escheator was a Writ sent December 7. 1272 Commissioning them to receive the Oaths of Fealty and Allegiance to the new King of all the Nobility Gentry and Commons of Ireland And the Lord Justice had another Writ of the same Date to proclaim the Kings Peace and to preserve it wherein 't is said That the King is willing and able by Gods Help to defend and do Justice to his People great and small And the Government of England being informed Prin. 256. That Avelina Countess of Vlster and Widow of Walter de Burgo had been endowed illegally both as to Quantity and Quality a Writ issued in the Kings Name to the Seneschal of Vlster to rectifie that Matter according to the Law and Usage of England In the mean time the Irish took advantage of the Kings absence from England and thought it an opportune Season to rebel 1273. they destroyed the Castle of Roscomon Aldleek Scheligath and Randon and found means to corrupt some of the Lord Justice Followers whereby he was betrayed into their hands in Ophaly and there taken and imprisoned whereupon Walter Genevil newly returned from the Holy Land was sent over Lord Justice Octob. 1273. to him a Writ was sent not to molest the Archbishop of Cashel for any Debts due from him to the King till his Majesties Return to England The Islanders and Red-shank Scots made a sudden incursion into Ireland and burnt several Towns and Villages killing Man 1274. Woman and Child most inhumanely and got away with vast Booty before the Country could get together or put themselves in a posture to prevent or resist this unexpected Torrent but not long after Richard de Burgo and Sir Eustace le Poer served them in their kind and entred the Islands and burnt their Cabbins and Cottages slew all they met with and smoakt out those that had hid themselves in Caves after the same manner that is used in smoaking a Fox out of his Earth Rosâ—omon-Castle was once again repaired 1275. or rather reedified and Mortagh a strong Tory being taken Prisoner by Sir Walter le Faunt was executed but the Lord Justice being recalled Sir Robert de Vfford was made Lord Justice 1276. in whose time Thomas de Clare Son of the Earl of Glocester came into Ireland and married Juliana Daughter of Maurice Fitz-Maurice Fitz-Girald though some say it was anno 1274. There is little
the King appointed no small Provision was made for so eager a Combat as that was presupposed to have been But when the prefixed Day approached near Vescie turning his great Boast to small Roast began to cry Creak and secretly sailed into France King Edward thereof advertised bestowed Vescies Lordships of Kildare and Rathingan on the Baron of Ophaly saying That albeit Vescie conveyed his Person into France yet he left his Lands behind him in Ireland Mr. Pryn makes an Observation on this Case Pryn 259. as if an Appeal between Vescie and Fitz-Girald in Ireland had been adjourned to England But to make the Remark useful it is necessary not only to consider what he says but also to consult the Records which he cites William Hay 1294. Lord Deputy to whom a Writ was sent to admit Thomas Saintleger Bishop of Meath to be of the Privy Council And not long after John Fitz-Thomas return'd to Ireland big with Glory and Success which transported him to a Contempt of all his Opposers he began with Richard Burk Cambdens Ann. Earl of Vlster whom together with William Burk he took Prisoners in Meath by the assistance of John Delamere and confined them to the Castle of Ley. But he had not so good luck in Kildare which was made the Seat of the War so that between the English and Irish it was entirely wasted the Castle of Kildare was also taken and the Records of that County burnt by Calwagh Brother to the King of Ophaly And these Misfortunes were accompanied with great Dearth and Pestilence William Dodingzel Lord Justice found Work enough to struggle with these Difficulties and the rather because John Fitz-Thomas appeared again with a great Army in Meath But the Parliament soon after met at Kilkenny 1294. and obliged him to release the Earl of Vlster taking his two Sons Hostages for him And it seems that this did not satisfie the Complainants but that they impeached him at the Parliament in England Lib. GGG 23 E. 1. for divers Offences and Felonies done in Ireland Lambeth He protested he could clear himself by Law but because he would not Prin 259. cum ipso Domino Rege placitare he submits himself wholly to the King's Favour 1295. into which he was received upon Pledges for his future demeanour and 't is probable he was also obliged to release his Claim to the Castle of Sligo and other his Lands in Connaught which was the Occasion of all this Stir About Easter the King built the Castle of Beaumorris in Wales 1295. for the better security of a Passage to and from Ireland And about the same time Bishop Vsher's life 34. the King required Aid to marry his Sister to the Emperour and such as did contribute thereunto are mentioned in the Pipe-Rolls of the Exchequer In the mean time on the third Day of April the Lord Justice died and during the Interval of Government the Irish made use of the Opportunity and wasted great part of Leinster burnt Newcastle and many other Towns But at length the Council chose Thomas Fitz-Maurice Fitz-Girald Lord Justice he was nicknamed Nappagh Simiacus or the Ape because when his Father and Grand-Father were murdered Frier Russel M. S. at Calan the Servants on the news of it run out of the House as if distracted and left this Thomas in the Cradle whereupon an Ape which was kept in the House took up the Child and carried him to the top of the Castle of Traly and brought him down Safe and laid him in the Cradle to the admiration of all the Beholders This Lord Justice was Father of the first Earl of Desmond and was so great a Man that he is often styled Prince and Ruler of Munster But it seems he supplyed the Place of Lord Justice but a very short time for John Wogan 1295. Lord Justice arrived from England on the eighteenth of October He made a Truce for two Years between the Burks and the Giraldines and received a Writ to take the Fealty of the Abbot of Owny in the County of Limerick and having called a Parliament which it seems setled Matters to his Mind he went with a smart Party to aid the King in Scotland His Majesty nobly feasted them at Roxborough Castle and they in requital did the King very good Service But that you may see what sort of Parliaments were in Ireland in those Days I will present the Reader with a List of this Parliament Richard de Burgo Earl ofVlster Geofry de Genevil John Fitz-Thomas afterwards Earl of Kildare Thomas Fitz-Maurice Nappagh Theobald le Butler Theobald de Verdun Peter de Brimingham of Athenry Peter de Brimingham of Thetmoy Eustace de Poer John de Poer Hugh de Purcel John de Cogan John de Barry William de Barry Walter de Lacy. Richard de Excester John Pipard Water L'enfant Jordan de Exon. Adam de Stanton Symon de Phipo William Cadel John en Val. Morris de Carew George de la Roch. Maurice de Rochfort Maurice Fitz-Thomas of Kerry William de Ross 1296. Prior of Kilmainham was left Lord Deputy to Wogan but either the Irish did not fear him being a Clergyman or they thought this a time of Advantage whilst the Lord Justice and many of the Nobility and best Soldiers were in Scotland and therefore to improve it as they were used to do they rose in Rebellion in several Places Those of Slewmargy burnt Leighlin and other Towns 1297. But O Hanlon and Mac Mahon met with more Opposition in Vrgile for they were both slain John Wogan 1298. Lord Justice returned again from Scotland in October and throughly reconciled the Burks and the Giraldines and kept every thing so quiet that we hear of no Trouble in a great while except some Disturbance the Irish gave to the Lord Theobald de Verdun in attacking his Castle of Roch. Pollard Mony was now decryed both in England and Ireland 1300. and the King did again enter Scotland and sent to Ireland for Aid and wrote not only to the Lord Justice but also sent particular Letters to every one of the Nobility to attend him Whereupon the Lord Justice accompanied by John Fitz-Thomas Peirce Brimingham and many others made a second Expedition into Scotland with good Success In the mean time part of the City of Dublin and particularly S. Warberg's Church was burnt on S. Colme's Eve and the Irish were again at their usual Pranks taking Advantage of the Lord Justices absence who I suppose did again depute William de Ross and in Winter assaulted and burnt Wicklow and Rathdan 1301. but they were well paid for their pains and in Lent had been ruin'd but for the Dissention and Discord of the English and in the Harvest before some of the Irish also had their share of Civil Discord for they fell out amongst themselves so that the O Phelims and O Tools slew three hundred of the Birns
to defend the Realm against the Scots was sent for to England and Sir Theobald de Verdon was made Lord Constable or Justice of Ireland Prin 259. 31 Dec. 1314. In whose time the King sent John de Hothum Clerk into Ireland to treat with the great Men there about the Kings Affairs and by him sent Writs in the Nature of Letters of Credence to Richard Earl of Vlster and all the rest of the Nobility by Name and a general Writ or Letter to the Lord Justice and the great Officers of State to the same effect Ibid. 260. and another Writ to assist him and to summon the Nobility to a general Meeting that Hothum might communicate the Kings Pleasure unto them He also sent Writs to the Lord Justice the Earl of Vlster and several other great Men to attend his Parliament in England and to appoint a sufficient Deputy or Keeper of Ireland till their Return Prin 261. And because the Words Vestrumque Concilium impensuri are omitted Mr. Prin observes rightly that these Irish Lords went as Commissioners or Agents from Ireland to inform the King and Parliament of the state of Affairs there and did not go to serve in Parliament as my Lord Cooke would have it 4 Inst 350. I do not find whether the Lord Justice went or not nor if he did what Deputy or Keeper of Ireland was appointed in his room but whoever had it did not keep the Office long for on the 27th of Febr. Sir Edmond Butler Frag. 5. 1315. Lord Justice returned and soon after viz. on the 25th of May 1315 Edward Bruce and six thousand Scots Landed near Carigfergus in Vlster with them joyned several of the Irish and together they marcht to Dundalk which they took and burnt on the 29th of June they also spoil'd Vrgile and drove most of the English out of Vlster To oppose them an Army was rais'd which rendezvouz'd at Dundalk July 22. But whether it were that the Scots were retired or that the English Commanders could not agree the Lord Justice return'd to Dublin and left the Earl of Vlster to pursue the Scots with whom that Earl had a Battel near Colrain Camb. 169. on the 10th of September and was defeated and many of the English slain and William Burk John Stanton and others were taken Prisoners This great Loss could not be recompensed with the slaughter of forty Scots which was performed by some English Mariners and therefore Bruce to follow his Blow caused his Army to besiege Carigfergus Septem 15. and sends his Brother William Bruce into Scotland for a Supply 1315. In the mean time the Irish every where insult over the unfortunate English and generally rebel throughout Vlster and Connaught they burnt Athloan October and Randan and Cathol Roe O Connor razed three Castles of the Earl of Vlster's in Connaught In November following the English under Roger Mortimer 1315. had another Battel with the Scots at Kenlis in Meath and were routed with great Slaughter by the Treachery of the Lacies Hereupon Bruce burnt Kenlis Granard Finagh and Newcastle and came to Loghsendy where he kept his Christmas and afterwards also burnt it thence he marched through the County of Kildare unto Rathingan Kildare Castle-Dermond Athy Raban and Sketheris where the Lord Justice accompanied by the Lord John Fitz-Thomas and many others encountred him on the 26th of January and was defeated by reason of some unhappy Fewds and Misunderstandings in the English Army Hereupon the Irish of Munster and Leinster rose in Rebellion and the Birns Tools and Moors burnt the Countrey from Arclow to Leix but the Lord Justice gave them a Rebuke and brought fourscore of their Heads to the Castle of Dublin Ireland being in so tottering a condition the King sent Sir John Hotham over again to take the Oaths and Hostages of the Nobility and Gentry that still remained loyal which was accordingly performed by the Lord John Fitz-Thomas afterwards Earl of Kildare Cambd. 171. Richard de Clare Maurice afterwards Earl of Desmond Thomas Fitz-John Poer Arnold le Poer Febr. 4. Maurice Rochford David and Miles de la Roch and many others 1315. And now both Armies were early abroad The Scots having burnt the Castle and Church of Ley did on the 14th of February rendezvouz at Geashil as the English did the same day at Kildare But the Scots for want of Provision were forced to return to Vlster nevertheless in their way they took Northburgh Castle and then sate down in their Quarters to that degree of quietness that Bruce kept Court and held Pleas there as if it were in times of the most profound Peace For the English Army had work enough nearer home and therefore the Lord Justice on the Scots retreat did likewise return to Dublin and there summoned a Parliament or general Assembly which reconciled some great Men then at odds cleared Walter Lacy of the Treachery imputed to him and established the Measures of carrying on the War And it was wisely done to begin with the Moroughs Tools and other Mountaineers of the County of Wicklow because they daily infested the City of Dublin and had destroyed both the Town and Country of Wicklow and because the Army was not strong enough to secure the City and at the same time to pursue the Scots 1316. the Success justified their Conduct for in April the Tories were defeated However the Scots were not so much neglected but that the Lord Thomas Mandevil was appointed to have an eye to them but he could but skirmish with them which he did valiantly Camb. 172. and kill'd Thirty Scots in one Encounter and was himself slain in another But Bruce came over with fresh Supplies from Scotland and so despised the small force of the English that in May he caused himself to be Crowned King at Dundalk 1316. and thereupon grew so insolent that he spared neither Churches nor Abbeys Women or Children found no Mercy at his hands but on the contrary he destroyed all that opposed him or that belonged to the English and he burnt great part of the Countrey as the Irish did the Church of Athird It was high time to encourage the English to their defence and the defence of the Kingdom and therefore as well to reward for Services past 1316. as to engage them for the time to come Selden 838. says Kildare's Patent is the ancientest Form of Creation he had seen the Lord Justice was made Earl of Carrick and John Fitz-Thomas was made Earl of Kildare May 14. 9 Ed. 2. and others received other Favours from the King The Burks and Geraldines were reconciled and every one in his station set himself manfully to the preservation of the Kingdom Richard de Clare and Bremingham had the better of the Irish in Connaught and slew many of them and about Whitsontide made a Sally into Munster and kill'd three hundred Irish there and the
Lord Justice was not less active in Leinster for he defeated O Morrough at Bally lethan and made a great Slaughter of the Rebels at Tristle Dermond and slew about four hundred of the Irish of Omayle There is a Writ in Mr. Prin's Animadversions on the 4th Institute Prin 261. too long to be here recited whereby it appears That an Englishman was punishable by Death for Killing Burning Theft or Robbery committed against an Englishman but an Irishman was only punishable at the discretion of the Brehon for Theft or Robbery of an Englishman but that in time the chief Governors did commute the punishment of any Felony even Murder of an Englishman for Money and thereby Witnesses were discouraged to testifie the Truth lest the surviving Felon might revenge it Therefore the Writ requires to assemble the Lords and COMMONS to advise c. In the same Writ is mentioned that the Irish petitioned for an Annual Parliament and because it is certain there were not Parliaments every year even in this Kings Reign Prin 263. Mr. Prin conceives that my Lord Cooke mistook that Petition for an Order for an Irish Annual Parliament which he says was at this time made but the Manuscripts M. and GGG at Lambeth 4 Insl 350. do agree with my Lord Cooke that there was such an Order But let us return to Bruce who on Midsummer-Day summoned Carigfergus and though eight Ships were sent thither from Tredagh yet the Garrison were reduced to the extremity of eating Leather and of feeding on eight Scots who were their Prisoners and so were at length forced by Famine to surrender in the latter end of August Nor did better News come from Connaught where O Connor defeated a Party of the English and slew the Lord Stephen of Exester Miles Cogan and eighty of the Barryes and Lawleys But this Misfortune was not long unrevenged Frag. 6. for on the fourth Day of August William de Burgo and Richard de Bremingham encountred Fylemy O Connor King of Connaught and a numerous Army of Irish near Athenry with prodigious Success for they slew the King of Connaught and eight thousand of his Men Aug. 1316. The Valour of Hussy a Butcher of Athenry was very remarkable on this Occasion for he fought with O Kelly and his Squire together and slew them both for which he was knighted and is Ancestor of the reputed Barons of Galtrim They say Athenry was walled with the Plunder of this Battle Cambd. 172. and that the brave Brimingham was made Baron of Athenry for this noble Service and his Heir is now the first Baron in Ireland About the same time viz. in August 1316. O Hanlon came for Contribution to Dundalk but the Townsmen under Robert Verdon who lost his Life in the Service entertained them so valiantly that O Hanlon was forced to leave two hundred of his Followers behind him About the end of August died the Noble Earl of Kildare Ibid. 173. and was succeeded by his Son Thomas On the fourteenth of September Ibid. Burk and Briminghan got another Victory in Conaught and slew five hundred Irish and their Captains Connor and the Mac Kelly and in the latter end of October John Loggan and Hugh Bisset routed the Scots in Vlster and slew one hundred with double Armour and two hundred with single Armour besides many of their naked Followers and sent Prisoners to Dublin Sir Alen Stewart Sir John Sandale Ibid. and other Scotchmen In December the Lacies procured themselves to be Indicted and Acquitted of introducing the Scots into Ireland and then had the King's Charter of Pardon Ibid. whereupon they renewed their Oath of Fealty and took the Sacrament to corroborate the same The Scots being joyned with the Irish of Vlster gathered a numerous Army computed to be near twenty thousand Men and in Lent they marched as far as Slane destroying the Country as they went The Earl of Vlster was then at S. Mary Abbey near Dublin but some Misunderstanding hapning between him and the Citizens 1316. Robert Notingham then Mayor of Dublin caused the Earl to be imprisoned in the Castle of Dublin and in the Fray seven of the Earl's Servants were slain and the Abby was spoiled and some of it burnt Hereupon Bruce marched toward Dublin Febr. 24. and took the Castle of Knock and the Lord Hugh Tyrrel in it who with his Wife were afterwards ransomed for a piece of Mony The Dublinians burnt the Suburbs to secure the City some Churches were destroyed in this Hurry and the Cathedral of S. Patricks did not escape But Bruce understanding the City was well walled and that the Citizens resolved to defend it he turned aside to the Naas being conducted and advised by Lacy notwithstanding his aforesaid Oath At the Naas they staid two Days spoiled the Churches opened the Tombs to search for Treasure and at last burnt the Town and thence marched to Castledermot Gauran and Callan destroying the Country as they went And what better could be expected when the King's Authority was so little regarded in Ireland that his Writ to bail the Earl of Vlster was disobeyed by the Mayor of Dublin Some of the Vlster-Men pretended an Aversion against the Scots Camb. 174. and desired Aid and Commission from the King they had the Commission at last and the King's Standard was delivered to them but they did more harm with it than the Scots had done they so behaved themselves if you believe my Author that they purchased the Curse of God and Man Bruce marched near Limerick to Kenlis in Ossory and about Palmsunday he came to Cashel and thence marched to Nenagh wasting all the Lord Justice's Estate in the Counties of Kilkenny and Typerary In the mean time the English Lords were Assembled at Kilkenny Davis 169. says Desmond was General and had gathered a numerous Army consisting of all sorts of thirty thousand Men and under the Conduct of the Lord Justice and Earl of Kildare designed to pursue the Scots 1317. when on Thursday in Easter-week there arrived at Youghal Roger Mortimer Lord Justice cum triginta octo Militibus who immediately sent word to the English Generals not to fight till he came but Bruce upon notice of his Arrival marcht toward Kildare and so to Naas and tho' he lurkt almost a week in the Woods near Trim to refresh his Men yet afterwards he made such haste that in the beginning of May he got into Vlster The Lord Justice seeing Bruce had retreated suffered his voluntary Army which the Irish call a rising out to return to their own homes the better to refresh themselves till a new Summons and went himself to Dublin and with the Lord Wogan Sir Fulk Warren and thirty Knights more he held a Parliament at Kilmainham where the deliverance of the Earl of Vlster was the chief thing treated of and it was at last effected at a second Meeting of the Parliament about
175. In like manner did one of the Cavenaghs serve Carew about the Barony of Idrone and if I thought that no Body else would ever be served so hereafter I would have omitted this Remark In those Days there was small Respect paid to the Sabbath Fragm M. S. 4. in Ireland for the Markets were in several Places kept on Sundays but at Carlow the Market was about this time changed to another Day In England the sixth Penny of the Goods of Lay-men Baker 117. through England Ireland and Wales was granted to the King but how it was levied here non constat It appears by the Writ mentioned Pryn 263. that the denized Irish would not punish Felony with Death and therefore that Writ enjoyns them that are 14 Edw. 2. and them that shall be denized for the future to submit to the English Laws in that particular which confirms my former Observation That the Irish were fond of the Benefit of the English Laws but were very averse from the Penalties of them And by another Writ recited Pryn 263. it appears That Common Pleas were held before the chief Governour and because the Parties were poor and could not prosecute their Writ of Error in England according to Law the King did aâ—thorize the new Governour to examine the former Judgment and to reverse it if he found just cause c. And lastly we find a Writ which was sent to John Earl of Louth Pryn 264. whilst he was Lord Justice authorizing him to remove all such insufficient Persons as his Predecessor Mortimer had put into Office in that Kingdom which is a notable President worthy Imitation in all Places and Ages THE REIGN OF EDWARD III. King of England c. And LORD of IRELAND EDWARD the Third upon the Resignation of his Father was proclaimed King the twenty fifth day of January 1327. and Crowned the first day of February following 1327. and being but fifteen years old had twelve Governors of him and the Kingdom appointed but they were but Ciphers and only had the bare Name of Governors whilst Mortimer and the Queen-Mother usurp'd and exercis'd the Power As for Ireland Thomas Fitz-John Earl of Kildare was made Lord Justice and Letters were sent to the Great Men of Ireland by Name to swear Fealty to the new King and to continue their Loyalty as they had done to his Predecessors And in his Time Adam Duff of the Family of O Toole in the County of Wicklow was burnt at Hoggin-Green in Dublin for Heresie or rather for most horrid Blasphemy for he denied the Trinity and the Incarnation of our Blessed Saviour c. And because it may be pleasant and useful to a curious Reader Lib. H. Lambeth I will give you a short Account of the Great Officers and others of Ireland and their Salaries as they were 1 Ed. 3. Earl of Kildare Lord Justice 500 Lib. Roger Outlaw Chancellor 040 Lib. Elias de Ashborne Justice for holding Pleas before the Justice and Council of Ireland 040 Lib. Roger de Werthorp Justice Itinerant 040 Mar. A Second Justice Itinerant Nicholas Falstoff Chief Justice of the Bench 040 Lib. John de Granset Second Justice 040 Mar. Roger de Preston Third Justice John Battalk Custos Brevium Rot. de Banc. 005 Lib. John Garnon Narrator Domini Regis 005 Lib. Simon Fitz-Richard Secundus Narrator 005 Mar. Richard Mayning Kings Sergeant 005 Mar. Robert Poer Treasurer 040 Lib. Thomas de Monte Pessulano Chancellor of the Exchequer 010 Lib. Roger de Birthorp Chief Baron 010 Lib. The Second Baron 010 Lib. Two Chamberlains of Exchequer 010 Lib. Remembrancer 010 Lib. A Summoner 004 Mar. Two Ingrossers of the Rolls in Term-time five pence per diem The Treasurers Clerk five pence per diem whilst the Exchequer is open Usher of the Chequer three half pence per diem A Chaplain of the Castle fifty Shillings per annum For Wax two Shillings Note a pound of Wax cost nine pence It was a common thing for the Great Men of Ireland as well Irish as English upon private Quarrels to make War one with another and sometimes upon very slight occasions an Instance whereof happened at this time Fragm 8. for Maurice Fitz-Thomas afterwards Earl of Desmond being disgusted with the Lord Arnold Poer for calling him Rimer did associate with the Butlers and Birminghams as Poer did with the Burks and began a War Davis 134. says it was Kildare that had like to have been fatal to the Burks and the Poers many of them were slain and more of them driven into Connaught and their Lands were burnt and preyed In vain did the Lord Justice interpose in this bloody Quarrel he appointed a Day to hear both Parties but the Lord Arnold Poer was so far from attending the issue of such a Meeting as well knowing that he was the first Aggressor and therefore the unlucky Causer of all those Calamities and Desolations that ensued that he fled to Waterford and thence into England The Army of the Fitz-Giralds and their Confederates was mightily increased in expectation of a greater resistance than they found but assoon as they understood that Poer was fled they executed their Revenge upon the Lands of their Enemies which had been to that time left undestroyed Cambden 181 They grew so formidable even to the Cities and Towns that they fortified and provided against them but upon notice of this the Confederates immediately sent word to the Lord Justice that they design'd no prejudice to the King or his Towns but had assembled to revenge themselves of their Enemies and that they were ready to appear before him at Kilkenny to clear themselves And accordingly in Lent they did meet at Kilkenny with the Lord Justice and the Kings Council 1327. and humbly crav'd a Charter of Peace or Pardon whereon the Lord Justice took time to advise But the Irish of Leinster hoped to advantage themselves of these Commotions and therefore set up Donald Mac Art Mac Morough of the Family of Mac Morough formerly Kings of Leinster for their King It seems he led his Army within two Miles of Dublin but he was defeated and taken Prisoner by Sir Henry Traherne and Walter de Valle who had one hundred and ten pounds reward for their pains and many of the Irish were slain but Mac Morough in January 1329. escaped out of the Castle of Dublin by help of a Rope sent him by Adam Nangle for which Fact Nangle was afterwards condemned and hang'd In the mean time the Lord Justice died at Minooth on Easter-Tuesday and Roger Outlaw Prior of Kilmainham Lord Chancellor was made Lord Justice in whose time David O Tool a strong Thief who had been taken Prisoner by the Lord John Wellesly the Lent before was this Summer condemned and executed at Dublin At this time in the Second Year of this Reign the Noble James Butler married the Earl of Hereford's Daughter Bakâ— which he had by
annexed to the Crown But two of the Burks seized upon most part of the Estate and divided it between them and knowing they could not hold it by the Law of England they confederated with the Irish and changed their Language Apparel Customs and Manners Nay their very Names were altered into those of Mac William Eighter and Mac William Oughter and by these means they have made a shift to keep some part of that mighty Estate for many score years The Lord Justice to revenge the Murder of the Earl of Vlster which made a great noise in Ireland call'd a Parliament by whose advice he went by Sea to Carigfergus on the first of July and by help of the Country People he destroyed the Murderers and their Abettors and thence with his Army he sailed into Scotland where he did very good Service But the Parliament sitting in England Cottons Rec. the 15th of March it was there resolved That because the Kings Affairs required him in France his Irish Voyage should be postpon'd for a year so as Aid might be sent in the mean time but it seems that the Scots so allarm'd him in the North that he performed neither the one nor the other Voyage And though both Houses apart advised the King to send Supplies of Men and Money to Ireland and gave him one Disme and one Fifteenth to that purpose yet I do not find that any considerable Recruits were sent thither but instead of that a Commission was sent to treat with the Rebels Prin 270. Whilst the Lord Justice was beyond Seas the Government was managed by Thomas de Burgh Lord Treasurer but it was not long before Darcy return'd with honour and releas'd Walter de Birmingham out of Prison in February following and soon after Sir Simon Archdeacon and others were slain by the Irish in Leinster Ibid. And the young Lord Roch prevail'd with the King to reduce to ten pounds a Fine of two hundred Marks impos'd on his Father for absenting himself from the Parliaments of 20 Edw. 2. and 2 Edw. 3. to both which he was summoned Maurice Fitz-Girald broke his Leg by a Fall from his Horse and was thereby hindred from repairing to England as he had promised and designed 1335. but now being recovered he went thither and was well received by the King and created Earl of Desmond 1336. 9 Ed. 3. On the 9th of August the English gave the Irishmen a great Defeat in Connaught Campion 88. and with the loss of one man slew ten thousand of their enemies and not long after the Lord Justice was removed and Sir John Charleton came over Lord Justice 1337. and brought with him his Brother Thomas Bishop of Hereford Lord Chancellor John Rice or ap Rees Lord Treasurer and two hundred Welsh Soldiers he called a Parliament at Dublin to which the Archbishop of Armagh designed to come Pryn. 409. and in order to it made great Preparations at S. Mary Abby but the Archbishop of Dublin would not permit him to advance his Cross in that Diocess till the King sent his Writs as well to the Archbishop as to the Corporation of Dublin not to molest the Primate Thomas Charleton 1338. Bishop of Hereford Governour of Ireland he caused Sir Eustace Poer and Sir John Poer to be imprisoned in the Castle of Dublin on the third Day of February And this Winter there was so great Frost and Snow from the second Day of December to the tenth Day of February that they Plaid Danced and roasted Fish on the Ice upon the River of Liffy And now again 1339. were all the Irish in Arms especially in Munster but the Earl of Desmond so well managed Matters there that he slew one thousand two hundred Men in Kerry and took Nicholas Fitz-Maurice Lord of Kerry Prisoner and kept him in Durance till he died Cambden 187. because he had joyned with the Irish against the King and the Earl Nor had the Earl of Kildare worse Success in Leinster for he pursued the O Dempsies so close that many of them were drowned in the River Barrow and the greatest Booty that ever was taken in that Country was brought by the Lord Justice and the English from Idrone in the County of Caterlogh about the latter end of February and in April following the Lord Justice being sent for to England resigned to Roger Outlaw 1340. Prior of Kilmainham Lord Justice he died the February following and by the Kings Patent constituted John Lord Darcy L. Justice during Life but he came not afterwards into Ireland but in May following sent over Sir John Morris 1341. Lord Deputy to whom the Inhabitants of Ireland did not pay that respect which was due to his Character for the English Irish were how grown so proud that they disdain'd to be under the authority of a Knight And therefore to mortifie them it was resolved to make a general Resumption of all Lands Liberties Signiories and Jurisdictions which this King or his Father had granted in Ireland QVia plures excessivae Donationes Terrarum Tenement 15 E. 3. m. 14 Libertatum in Terra Hibern ad minus veracem subdolem suggestionem potentium quam per Ed. 2. quam per Regem nunâ— facta sunt c. Rex delusorias hujusmodi Machinationes volens elidere de concilio peritorum sibi assistent omnes donationes Terrarum Tenement Libertat praedict duxit 〈◊〉 c. quousque de meritis personarum ac de causis conditionibus donationum praedict fuerit informat ideo Mandâ—â— est Justiâ— regni Hibern quod omnia Terras Ienementa c. praedict perdict Reges Justic aut locum tenentes suos quibuscunque personis fact seisire facias c. It cannot be expressed what Fewds Davis 138. that it was by good advice Heart-burnings and Dissatisfactions this one unadvised Act did create it was the rise and occasion of a distinction between the English of Blood and the English of Birth which had like to be fatal to the whole Kingdom Pryn. 272. all the old English were disobliged by this procedure and without their assistance the King could not keep much less enlarge his Interest in Ireland To qualifie this Matter and to allay these Heats 1342. a Parliament was summoned to meet at Dublin in October but the Earl of Desmond and other Great Men of that Faction openly refused to come and on the contrary they confederated with the Corporations and some Cities and the rest of the Male-contents and without consulting the Government they appointed a General Assembly at Kilkenny in November following and there they did accordingly meet and the Lord Justice had not Power to hinder them nor did he dare to come to them This Assembly sent Messengers to the King with their Complaints couched in these three Queries I. How a Realm of War could be governed by a Man unskilful in all war-like Service II. How an
Pound six Shillings and eight Pence per annum Lib. G. and obtained an Order from the King and Council That all those who had Lands in Ireland should repair thither or send sufficient Men in their Room to defend the Country on Pain of forfeiting their Estates Nevertheless this Lord Justice was so far from subduing the Irish that he confessed he could never get access to know their Countries or Habitations and yet he had spent more time in the Service of Ireland than any Englishman then living So finding he could do no good he resigned to James Earl of Ormond July 24. 1376 Lord Justice In whose time the Counties Cities and Burroughs of Ireland sent Commissioners to the King to Treat and Advise about the Affairs of that Kingdom and not to the English Parliament as some have mistaken it Pryn. 305. And the King did Issue a Writ to the Lord Justice and the Chancellor requiring them to levy the reasonable Expences of these Commissioners from the respective Places that chose them by Writ under the great Seal of Ireland And accordingly John Draper who served for Cork had a particular Mandate to the Mayor and Bayliffs of that City to pay him his reasonable Expences as aforesaid It will not be unuseful to recite this Lord Justice his Commission because the Reader will thereby perceive what Authority he had and will also note the Difference between this brief Commission and the prolix Forms that are now used REX omnibus ad quos Ibid. c. Salutem Sciatis quod commisimus dilecto consanguineo nostro Jacobo le Bottiler Comiti de Ormond officium Justic nostr Hibern Terram nostram Hibern cum Castris aliis pertinentiis suis custodiend quamdiu nobis placuerit percipiend per ann ad Scac. nostrum Hibern quamdiu in Officio illo sic steterit quingent libras pro quibus Officium illud terram custodiet erit se vicessimus de hominibus ad arma cum tot equis coopertis continue durante commissione supradicta c. But by a subsequent Patent the sixth of August he had Power to Pardon all Offences generally or to particular Persons and by consent of the Council to remove or displace any Officer those made by Patent under the great Seal only excepted Ibid. 307. And by another Writ of the same date the former Commission was explained not to extend to the Pardon of any Prelate or Earl for any Offence punishable by loss of Life Member Lands or Goods And the same time Alexander Bishop of Ossory was made Treasurer of Ireland and a Guard of six Men at Arms and twelve Archers at the King's Pay allowed him I have seen a Copy of a Commission to Maurice Fitz-Thomas Lib. G. 13. Earl of Kildare to govern Ireland till Sir William Windsor's return it bore date the sixteenth of February 50 Edw. 3. and Stephen Bishop of Meath was appointed to oversee Munster but because I find no other mention of his being in the Government about this time I have therefore omitted to name him as Lord Justice And so we are come to the twenty first Day of June 1377. 1377. on which Day this victorious King died at Shene in Surry in the sixty fourth Year of his Age and of his Reign the one and fiftieth Lib. M. His Revenue in Ireland did not exceed ten thousand Pound per annum though the Medium be taken from the best seven Years of his Reign THE REIGN OF RICARD II. King of England c. And LORD of IRELAND RICHARD the Second only Son of Edward commonly called the Black Prince Eldest Son of King Edward the Third was by his Grandfather declared to be his Heir and lawful Successor and accordingly succeeded him in the Throne on the 21st of June and was Crowned at Westminster the 16th of July following 1377. His tender Age being but eleven years old required a Protector and because it seemed dangerous to commit that great Authority and Power to a single Person it was given to the Kings Unkles the Duke of Lancaster and the Earl of Cambridge and others who thought fit to continue in the Government of Ireland James Earl of Ormond Lord Justice he kept the Kingdom in as good order as those dangerous and troublesom Times would admit of Baker 141. for both the French and the Scots took advantage of the Kings Infancy to disquiet his Dominions but especially the Realm of England This Lord Justice according to the Usage in those days held Pleas of the Crown Lib. G. Lambeth and Gaol-delivery at the Naas on Monday after Valentines Day 1378. and not long after surrendred to Alexander Balscot Bishop of Ossory Lord Justice who continued in the Government until November following Lib. G. and then gave place to John de Bromwick 1379. Lord Justice in whose time Beauchamp Earl of Warwick was by the Parliament of England made sole Protector of the King and Kingdom And then was made that first Act or Ordinance against Absentees Lib. M. Lambeth 138. by the Assent and Advice of the Lords and Nobles of England Davis 38. 199 being in Parliament Whereby it is Ordained That all that have Lands 4th Instit. 356 360. Rents or Offices in Ireland shall return thither but if they have reasonable cause to absent that then they shall send sufficient Deputies to defend their Castles and Estates or contribute two Thirds of the yearly value towards the defence thereof but that Students and those in the Kings Service and those absent for reasonable Cause by Licence under the Great Seal of England shall be excused for one Third of the yearly Profit of their Estates This Act was confirmed afterwards Lib. F. 19 Edw. 4. and by vertue hereof the Mannor of Ballymaclo in Meath was seiz'd into the Kings Hands for the absence of William de Carew but was the next year restor'd to him on his Petition Prin 308. Septemb. 27. 1380. And it is to be remembred That this Act was occasioned by a Petition from Ireland and that it is mentioned in the Body of the Act that the Loss of Ireland would be a Disinherison to the King and his Crown of England Ibid. At the same Parliament at Westminster there was another Irish Petition for Mine and Coigne which I take to be a Liberty to dig Mines and a Mint to coyn Money For the Kings Answer is That for six years to come every one may dig in his own Grounds for any Mineral whatsoever even Gold and Silver paying the Ninth part thereof to the King and sending the rest to the Kings Mint at Divelin for the Coynage of which they shall pay the usual Rates but must transport none to any place except England on pain of forseiting it if it be seized or the Value if he be convict of it unless the Party had special Licence under the Great Seal of
twenty pence or two shillings from every one that passed the Seas On the twenty fifth Day of March the King knighted four Irish Kings 1395. Selden tit hon 842. and some other great Lords whereof Mr Selden out of Froisart gives the following Account Four Kings of several Provinces in Ireland that submitted themselves to Richard II were put under the Care of Henry Castile an English Gentleman who spake Irish well in order to prepare them for Knighthood by the Kings Command he informed them of the English Manners in Diet Apparel and the like He asked them If they were willing to take the Order which the King of England would give them according to the Customs of England France and other Countries They answered They were Knights already and that the Order they had taken was enough for them and that they were made Knights in Ireland when they were seven Years Old and that every King makes his Son Knight and if the Father be dead the next of Kin does it and that the manner is thus The new Knight at his making runs with slender Lances against a Shield set upon a Stake in a Meadow and the more Lances he thus breaks the more Honour continues with his Dignity But Mr. Castile told them They should receive a Knighthood with more State in the Church and afterwards being perswaded and instructed especially by the Earl of Ormond they did receive Knighthood at Christ-Church Dublin after their Vigils performed in the same Church and a Mass heard and some others were knighted with them but the four Kings in Robes agreeable to their State sate that Day with King Richard at the Table And so Davit 202. when the King had supplied the Courts of Justice with able Men particularly with Sir William Hankford Chief Justice who was afterwards Chief Justice of England and done his Endeavor to establish a Civil Plantation in the Mountains of Wicklow he returned to England about Midsummer 1394. as I suppose for on the fourth of July 1394 Roger Mortimer Earl of March was sworn Lord Lieutenant Pryn. 294. And not long after the aforesaid excellent Ordinances of 31 Edw. 3. were ratified revived and exemplified and sent into Ireland to be more duly observed than hitherto they had been But the Scene was changed and the Irish despising the weak Forces the King had left behind him began to lay aside their Mask of Humility and to make Incursions into the Borders of the Pale Nevertheless the English were not daunted their Valour supplyed what was wanting in their Number Cambd. particularly Sir Thomas de Burgh and Walter de Birmingham with their Forces slew six hundred of the Irish and their Captain Mac Con and the Lord Lieutenant and the Earl of Ormond wasted the County of Wicklow and took O Birnes House whereupon the Lord Lieutenant made seven Knights But this Victory was much overballanced by the Loss of forty principal Englishmen slain by the O Tools on Ascension-day and not long after by the Death of the Lord Lieutenant himself who was slain at Kenlis in Ossory by the O Birnes on the twentieth of July 1398. And thereupon Roger Gray was chosen Lord Justice 1398. pro tempore until the King sent over his half Brother Thomas Holland Duke of Surry Lord Lieutenant 1398. who landed at Dublin the seventh of October 1398. but did not long continue in that Office before the King pretending a Resolution to revenge the Death of his Cousin and Heir the Earl of March who was slain by the Irish as aforesaid He left the Government of England in the Hands of his Vnkle the Duke of York And on the first Day of June Richard 1399. King of England landed at Waterford with a good Army which he marched to Dublin through the wast Countries of Murroughs Kinshelaghs Cavenaghs Birns and Tooles but the Army was much distressed for want of Victuals and Carriages in those Deserts so that he performed no memorable Exploit save that he cut and cleared the Paces in the Cavenaghs Country and knighted Henry the Duke of Lancaster's Son afterwards Henry V for his briskness against the Irish On the sixth of June being the Friday after the King's arrival Jenico de Artois his faithful Gascoign slew two hundred Irish at Ford in Kenlis in the County of Kildare And the next Day the Citizens of Dublin made Incursions into Wicklow and killed thirty three Irishmen and took eighty Prisoners And on the twenty sixth of June the King came to Dublin and received the Submission of many Irish Lords But whilst he was consulting how to proceed he received the unwelcome News of the Duke of Lancaster's Progress in England whereupon he imprisoned his and the Duke of Glocester's Sons in the Castle of Trym and though he sent the Earl of Salisbury before him to gather an Army in Wales yet the King followed after so slowly that the Army was disperst before he arrived in England with which Misfortune his Courage fell so that on Michaelmass day he tamely surrendred the Crown and gave a just occasion for this true Remark Baker 152. That never any Man who had used a Kingdom with such Violence gave it over with such Patience He was afterwards deposed by Parliament and several Articles exhibited against him one of which was That he forced divers Religious Persons in England to give Horses Arms and Carts towards the Irish Expedition And another was That he carryed into Ireland the Treasure Reliques and other Jewels of the Crown which were used to be kept in the King's Coffers from all Hazard The King created Edward Plantagenet Earl of Cork in the twentieth Year of his Reign And the same Year gave a Licence under the Privy Seal to William Lord Courcy to buy a Ship to pass and repass to and from England And in this Reign happened this famous Case One Thomas a Clerk in England obtained a Judgment at Westminster against Robert Wickford afterwards Archbishop of Dublin and upon Affidavit That the Defendant lived in Ireland and had Goods and Lands there and the Sheriffs Return That he had no Lands nor Goods in England the Plaintiff had a Writ against the said Archbishop in haec verba IDeo vobis mandamus quod de terris catallis ejusdem Roberti Lib. M. jam Archiepiscopi in Terra nostra Hiberniae fieri facias praedict decem libras illas habeatis coram c. This Archbishop died anno 1390 so that this Writ must issue before that time THE REIGN OF HENRY IV. King of England c. And LORD of IRELAND HENRY Duke of Lancaster eldest Son of the famous John of Gaunt fourth Son of King Edward the Third upon the Resignation of King Richard procured him to be deposed in Parliament and himself to be elected King and the Crown to be entailed on him and the Heirs of his Body His Claim was as Heir to Henry III but finding that
Election and had a Freehold of forty Shillings per annum the Town of Drogheda excepted was repealed and in lieu of it this Parliament enacts I. That Electors in Counties must have Freehold worth forty Shilling per annum ultra reprizas on pain of one hundred Shillings and that the elected in Counties Cities or Towns must be resident and the Sheriff shall forfeit one hundred Pound if he makes a Return contrary to this Act and the Party one hundred Pound more II. That on the Death Absence or Resignation of the chief Governour the Chancellor shall issue Writs to all the Privy-Counsellors in the Counties of Dublin Meath Louth Kildare Kilkenny Typerary Wexford Waterford Cork Kerry and Limerick and they being assembled shall chuse a Lay-man of English Birth to be chief Governour during the King's Pleasure and if no such Man fit for the Place can be got then the Council shall chuse two Lay Persons of English Blood and sirname to be Lords Justices to whom the Lord Chancellor shall administer the Oath and give Patents Note this Statute recites That the former Act already mentioned 10 Hen. 7. That in these Cases the Lord Treasurer should be chief Governour was repealed 13 Hen. 7. although the Roll be lost but whether it be so or not is not worth the Enquiry III. An Act touching mispleading and Jeofailes IV. That although all Estates are forfeitable for Treason yet because several of the Nobility lately created and others whom the King designs to enoble are very ignorant in the Knowledg of the Duty of a Subject they are the Words of the Act to the end they may not pretend Ignorance it is enacted That if any Person confederate with the King's Rebels against his Majesty or attempt any wilful War or Invasion against his Subjects or do transgress their Allegiance in any treasonable manner or do break their voluntary Pacts or Covenants made at the time of the King's Grant that then being convict thereof they shall forfeit all the Benefit and Effect of the King's Patents and for the time to come there shall be a conditional Clause inserted into every Patent to that effect V. An Act for the suppression of Kilmainham and other Religious Houses And in a 3d Session of this Parliament held at Dublin on Monday next after the Feast of All saints anno Dom. 1542 and 34 Hen. 8. it was enacted First That Meath be divided into two Shires viz. Meath and West Meath Secondly That Persons bound by Recognisance to appear in any Court shall be excused if they are in the King's Service and if their Recognisance be estreated they shall be discharged by Writ giving a new Bond for their Appearance at another Day And at another Session of this Parliament at Dublin the seventeenth Day of April 1543 it was enacted That the Castle and Mannor of Dungarvan should be united to the Crown And although all these Acts were Seasonable and very Good for that time yet there was not any one of them was of more Advantage to the Crown or that pleased the King better than that of making him King of Ireland for though it is manifest as the Act mentions that the Kings of England did always enjoy Regal Authority and Jurisdiction in Ireland under the Stile and Name of Lords yet the Irish did not pay that Reverence to the Name of Lord as they did to the Name of King or at least those that were traiterously disposed did make use of the distinction between Lord King Ware 161. to deceive and inveigle the Common People as hath been already related And therefore it being believed That this Statute would suppress and silence all those trifling Objections and Pretences there was exceeding Joy at the Publication of it in Dublin which was performed with great Solemnity at S. Patrick's Church in the presence of the Lord Deputy the Earls of Ormond and Desmond and others of the Nobility in their Parliament Robes and several of the Bishops and Clergy and the same Day a General Pardon was given to all Criminals and after much Feasting and Drinking and other Expressions of Joy the Ceremony was concluded with Bonfires And because some of these Laws were not practicable in Munster which was not so much inured to Civility as the Pale and those Countries near Dublin and where the use of the Laws of England except in some Cities and Towns where it was also much corrupted had been discontinued for almost two hundred Years The Lord Deputy and Counsel in magno Parliamento did publish certain temporary Constitutions Pro reformatione inhabitantium hujus Regni in partibus Momoniae qui nondum sic sapiunt Leges Jura ut secundum ea jam immediate vivere aut Regi possunt and they were notified to the Subject by way of Proclamation the twelfth of July 1542 and were as followeth 1. That King Henry be received and called King of Ireland 2. That Bishops may exercise their Jurisdiction in their Diocess according to the Law of God and the Canons 3. That Laymen nor Boys be not admitted to Ecclesiastical Preferments and that such as be in already shall be immediately deprived 4. That the Demesnes of Bishops and the Gleabs of Rectors and Vicars not exceeding ten Marks per annum be exempt and priviledged from Taxes 5. That all those who have Dignities or Benefices Ecclesiastical shall take Orders and Reside 6. That a General Peace be proclaimed throughout Munster and afterwards he that commits Murder or Robbery shall be fined forty Pound half to the King and half to the Lord of the Fee 7. That Larceny above the value of fourteen Pence shall be punished with the loss of one Ear the first time and tother Ear the second time and the third time with Death 8. No Horseman shall keep more Garsons or Boys than Horses on pain of twenty Shillings 9. That every Father shall answer for his Children Master for his Servants Gentleman for his Followers and Brother for his Brethren under his Tuition and shall give in a List of them 10. That every Kerne that has not a Master that will answer for him be taken as a Vagabond 11. That there be no more Exactions to maintain Horse or Foot or Kernes or to war against one another and that no more Coyne or Livery be taken but by the Deputies Order at a General Hosting 12. That nevertheless the Captain of the County must have the usual Contribution of the Country for the Publick and his own private Defence 13. That Petty Larceny be punished by a Fine of three Pound six Shilling and eight Pence whereof forty Shillings shall be paid to the Captain or Lord of the County and twenty Shillings to the Tanist si non est particeps criminis and six Shillings and eight Pence to the Informer 14. That no Man buy Goods above the Value of five Shillings from any suspected Person at his Peril if they prove to be stolen 15. Depopulatores
they procur'd as good a Bed-fellow for the Ambassador though she was of meaner Quality this Liquorish Harlot unfortunately met with a small Bottle of choice Balm valued at two thousand Crowns which was given to the Bishop by Solyman the Magnificent when he was Ambassador in Turky she was invited by its Odour to try its Relish and it seems liked it so well that she licked it all out whereat the Bishop grew so outragious and loud that he discovered his Debauchery frightned the Woman away and made sport for the Irishmen and his own Servants After this the Bishop met with O Neal and the Titular Primate Robert Wachop in a secret place and heard the Overâ—ures of them and their Confederates and it is not to be doubted but they came to an Agreement because the Bishop soon after went to Rome but being unable to separate the Pope from the Interests of the Emperor this Negotiation had no effect In the mean time two of the Cavenaghs viz. Cahir Mac Art of Polmonty and Girald Mac Cahir of Garochil had fierce Contests about their Territory at length it came to a Battel as it were by consent and about an hundred on each side were slain but Cahir Mac Art had the better of it and finally obtain'd that Signiory But the Exchequer being empty the Lord Deputy designed to levy a Tax upon the People but the Earl of Ormond would by no means suffer that 〈…〉 whereupon the difference grew so high between him and the Lord Deputy that at last it came to mutual Impeachments whereupon both of them were sent for to England and by the King's Mediation were reconciled whilst the ambodexter Allen was imprison'd in the Fleet and deprived of the Great Seal and Sir Thomas Cusack was made Lord Keeper and not long after viz. about the twenty eighth day of October the Earl of Ormond and thirty five of his Servants were poyson'd at a Feast at Ely-House in Holborn so that he and sixteen of them died but whether this hapned by Accident or Mistake or were done designedly could not be discovered Sir William Brabazon was sworn Lord Justice on the first of April 1546. although his Patent bore Date the sixteenth of February Ware 174. In his time hapned a strange and unnatural Action for Bryan Lord of Upper Ossory sent his own Son Teige Prisoner to Dublin where he was executed and in July Patrick O More and Bryan O Connor with joint Forces invaded the County of Kildare and burnt Athy but the Lord Justice immediately pursued them and leaving a Garrison at Athy he marched into Offaly and made a Fort at Dingen now Philipstown and forced O Connor to fly into Connaught But the Necessities of the State obliged the King to Coyn Brass or mixt Moneys and to make it currant in Ireland by Proclamation to the great dissatisfaction of all the People especially the Soldiers and about the same time Edward Basnet Dean of St. Patrick's in Dublin and the Chapter after some Reluctancy surrendred their Possessions to the King Three Things are observable in the Letters during this King's Reign 1. None of them do mention either the Year of our Lord or the Year of the King's Reign though all of them do take notice of the Day of the Month whereby this Part of the History was so perplex'd and confus'd that I will not promise that I have always guess'd the time aright though I have used my utmost diligence and endeavours to do so 2. All the Letters of this Reign conclude thus So knoweth God to whom we pray for your Graccs Prosperity or to that effect but these Words So knoweth God are always in although in the subsequent Words there is some Variation according to the Fancy of the Writer 3. Most of the Letters from the great Irish Lords even some of English Extraction are subscribed with a Mark very few of thembeing able to write their Names Sir Anthony Saintleger Lord Deputy returned on the sixteenth day of December with Sir Richard Read who was made Lord Chancellor in the room of Cusack and Cusack was made Master of the Rolls And thus stood the Government of Ireland during the Reign of King Henry the Eighth who Died on the twenty eighth day of January in the thirty eighth Year of his Reign and of his Age the fifty sixth THE REIGN OF EDWARD VI. KING OF England France AND IRELAND EDWARD 1546. the Sixth of that Name since the Norman Conquest was born at Hampton Court on the twelfth Day of October 1537. and succeeded his Father in the tenth Year of his Age on the twenty eighth Day of January 1546. and on the first of February Edward Seymour who was the King's Unkle by the Mother was made Protector of the King and Kingdoms and was afterwards created Duke of Somerset and on the twentieth Day of February the King was crowned at Westminster with great Solemnity Sir Anthony Saintleger continued in the Government of Ireland Ware 177. at first by the name of Lord Justice and afterwards by the Title of Lord Deputy and he proclaimed the new King on the twenty sixth Day of February 1547. and not long after Sir Richard Read was made first Lord Keeper and afterwards Lord Chancellor and the Earl of Desmond was constituted Lord Treasurer of Ireland on the twenty ninth Day of March and on the seventh Day of April the Privy Council was sworn viz. Sir Richard Read Chancellor George Archbishop of Dublin Edward Bishop of Meath Sir William Brabazon Vice-Treasurer Sir Girald Ailmer Lord Chief Justice of the King's Bench Sir Thomas Luttrel Lord Chief Justice of the Common Pleas James Bath Esq Lord chief Baron of the Exchequer Sir Thomas Cusack Master of the Rolls and Thomas Houth Esq one of the Judges of the King's Bench to whom afterwards others were added But the O Birnes took advantage of the Change of the Government and hoping that the Infancy of the King would occasion Disturbances in the State they began to be very unruly and troublesome insomuch that the Lord Deputy was necessitated to invade their Country he pursued them so close that he slew their Captain and drove themselves into the Woods and Fastnesses He also took two of the Fitz-Giralds who had formerly been Proscribed and now joyned with O Toole and he brought them and other Prisoners to Dublin where they were executed Nor were Patrick O More and Brian O Connor less forward than the rest but briskly invaded the County of Kildare and loaded themselves with Prey and Plunder but the Lord Deputy came seasonably to intercept them and having killed two hundred of the Rebels upon the Place the rest of them with their light-footed Captains fairly ran away But the Government of England wisely considering the fickle Inclinations of the Irish and the danger of a general Defection of that Nation from a Protestant King seasonably provided for that Kingdom so that Edward Bellingham with the
is made in England and so the English Statute of 35 Hen. 8. was in effect a Repeal of the Irish Statute of 28 Hen. 8. cap. 2. as it was actually a Repeal of the English Statute of the same tenor and effect But to proceed Sir Thomas Cusak Lord Chancellor and Girald Aylmer Lord Chief Justice continued Lords Justices and to them the Council of England on the twentieth Day of July sent an account of the Succession of Queen Mary together with a Proclamation wherein she was stiled Supreme Head of the Church 1553. which was read in Dublin and other Cities and Towns of Ireland as is usual and Orders were soon after sent to continue all Officers in their Places and another Proclamation To give Liberty of the Mass to all that would was likewise sent over and afterwards the Queen was crowned by Gardiner Bishop of Winchester Ware 204. on the first day of October and she gave a General Pardon to both her Kingdoms of England and Ireland In the mean time O Connor and his Complices were busie about the Invasion of Offaly but by the Prudence of the Lords Justices they were easily suppressed September Nor had O Neal better Success in the County of Lowth for though he did abundance of Mischief there yet the Lords Justices with the Militia of Dublin and such others as they could on a suddain scrape together gave him a great Defeat near Dundalk where he lost many of his Men. And on the eleventh of November Sir Anthony Saintleger Lord Deputy arrived at Dalkye and on the nineteenth he took the usual Oath and received the Sword in Christ Church Dublin and the Lord Chancellor Cusack's Patent was also renewed Cormack Mac Coghlan with the Aid of the Baron of Delvin made War against Mac Coghlan and invaded his Territory and though little more was done at first than the burning of some few Villages yet this was the beginning of a Contest so fierce and so tedious that at length the Territory of Delvin was entirely ruined Owen Macgenis was by the Lord Deputy admitted to be Chief of his Sept and Captain of his Country on the sixth of December upon his Oath of Fidelity to the Queen and her Successors and upon these Conditions following viz. 1. That he should not admit any Provisions from Rome Lib. D. but oppose them all he could 2. To serve the Queen with all his Power when Occasion required 3. To maintain twenty four Horse and sixty Foot and a Company integr prelium of Gallowglasses at every Northern Expedition of the Deputy for three Days going and three Days returning at his own Charge 4. To have no Correspondence with the Scots 5. To give the Wife and Daughter of Donel Macgenis their due 6. That he should not oppress the Queen's Subjects but assist them and the Queen would assist him against any of his Followers that should rebel 7. That he should pay one hundred Cows but this last was remitted him by the Deputy George Dowdal Archbishop of Armagh who fled beyond Seas in the Reign of King Edward was now recalled and restored to the Title of Primate of all Ireland and had the Priory of Athird given him for Life He held a Provincial Synod at Tredagh where they made some Progress towards restoring Popery 1554. and depriving the married Clergy but in April it went farther and the Primate and Dr. Walsh elect Bishop of Meath received a Commission to deprive them and accordingly Staples Bishop of Meath was for that reason deprived on the twenty ninth Day of June and in the latter end of the same Year the like was done to Brown Archbishop of Dublin Lancaster Bishop of Kildare and Traverse Bishop of Leighlin and the two other Protestant Bishops viz. Bale Bishop of Ossory and Casy Bishop of Limerick fled beyond the Seas In the room of these Protestant Bishops Popish Prelates were substituted Doctor Walsh was made Bishop of Meath and afterwards died in Exile in Queen Elizabeth's Reign Hugh Curvin succeeded in the See of Dublin as Thomas Levereuse did in that of Kildare Thomas O Fihely was by the Pope made Bishop of Leighlin Hugh Lacy was constituted Bishop of Limerick and John Thonory got the Bishoprick of Ossory but his Leases were afterwards avoided because Bale was never deprived and therefore he being alive at the time the Lease was made 2 Cro. 553. continued Bishop in Law and so Thonory had no power to dispose of any thing belonging to that See and in that case it was likewise adjudged that the King of England may nominate and appoint Bishops in Ireland without the Formality of a Conge de Eslâ—â—â— and that the Statute of 2 Elizabethae is for so much in Affirmance of the Common Law The Popish Bishops did take an Oath to the Queen in these Words Ware de Praesulibus 188. Ego A. B. Episcopus D. electus Consecratus profiteor me habere tenere ownes temporales Possessiones dicti Episcopatus de manibus vestris Successoribus vestris Angliae Regibus ut in jure Coronae Regni vestri Hiberniae vobisque Successoribus vestris Angliae Regibus fidelis ero ita me Deus adjuvet sancta Dei Evangelia But how well they kept that Oath I need not relate because it is notorious In November came over Girald Earl of Kildare who was restored the thirteenth of May before and Thomas Duff Earl of Ormond and Brian Fitz-Patrick Lord of Upper Ossory all which had behaved themselves exceeding well against Sir Thomas Wiat This Fitz-Patrick is famous for extraordinarily loving and being beloved of King Edward the Sixth and on the ninth of February Charles Mac Art Cavenagh was created Baron of Balian for Life and after his Death his Brother Dermond had the same Title The Queen ordered that the Army should be reduced to five hundred but that was not thought reasonable in Ireland However to comply as far as they could with her Majesties Orders they did reduce the Army to six hundred Foot and four hundred and sixty Horse and a few Kerns but were forced in a short time afterward to raise more and to send for fresh Supplies out of England In the mean time Lib. D. Daniel O Bryan claiming by Tanistry had great Contests with the Earl of Thomond about that Estate he had before this murdered the Earl's Father and though for the present they were reconciled by the Mediation of the Lord Deputy and Council about Michaelmas yet it was not long before their Dissentions broke out again But the Irish Historian Mr. Sullevan gives a very different Account of this Matter and tells us That the Lord President Fitton got Daniel O Bryan into Limerick upon his Oath that he would give him free and safe egress out of the Gates but the Sophistical Englishman turn'd him out of the wrong Gate so that there was the River of Shenin between him and his Army which was
necessitated William Burk with his Bownaghts to follow his Brother Tyrrel into O Carol's Country and O Sullevan himself and O Connor Kerry were glad to accompany them thither but these Fugitives did not pass so luckily and scotfree as Tyrrel did for Teige Mac Owen Carty on the skirts of Muskny and John Barry near Liscarrol gave them severe rebukes and the Sheriff of Typerary fell smartly upon their rear whil'st the rest were passing the Shennin in their Nevoges and even in the County of Galway Sir Thomas Burk and Captain Malby gave them disturbance but their despair made them victorious in that encounter and they bravely forced their way with the slaughter of Malby and many of his Soldiers and got safely into O Bowrk's Country On the fifth of January Captain Taffe had the good fortune to kill the valiant Apostolick Vicar Owen mac Egan and 140 of his followers near the River of Bandon which was followed by the submission of all the Rebels in Carbry and it is observed of this zealous Vicar that he never pardon'd any Irish-man tho' a Papist that serv'd the Queen but would as soon as they came before him have them confessed absolv'd and executed These good Successes were followed by the defeat and ruine of the Lord of Lixnaw whose party was totally routed by Captain Boys and all his substance taken and 80 of his Men killed as also by the taking of the strong Castles of Kilcoe and Berengary and so all Munster being reduc'd to obedience the Lord President prepared for his Voyage to England and left Sir Charles Wilmot and Sir George Thornton joynt Governors of that Province And thus ended this mighty Rebellion which from a small beginning grew to be the most general and dangerous defection that ever was in Ireland to that time which could never have happened but for the gripple-handedness as Cambden phrases it and slighting of England nor was this the first time that the Queen had been a Penny wise and a Pound otherwise in managing the Affairs of Ireland and had paid dear for her frugality as she did in this War which might have been prevented at first with the twentieth part of what it cost afterward for the Charge of this one Year from the first of April 1601 to the first of April 1602 amounted to no less than 322502 l. 1 s. 0d The Rebels in the course of this War were exceedingly troubled that some of the Papists continued Loyal to the Queen and they bitterly exclaim'd against the Popish Priests of English extraction that justified the Opinion they might lawfully do so and to convince them of their error the Rebels did not only procure a Bull from Pope Clement the Eighth dated the 8th of April 1600. giving such plenary remission of sins to those that fight against the Hereticks in Ireland as to those that fight against the Turks and his Holines's Letter of the 20th of January 1601. directed to Tyrone to animate him and his followers to persevere in their Rebellion but also procured the Censures of the Universities of Salamanca and Valladolid that it was mortal sin for a Papist to fight against Prince O Neal the Champion of the Church who militates for the Catholick Faith and that they cannot be forgiven till they desert the Hereticks Service and Mr. Sullevan thinks he has nickt it when he calls the contrary Opinion Insanam vene nosam doctrinam It seems that the Earl of Twomond remembring the severe Government of Fitton President of Connaugh whil'st he was in England made his humble Suit to the Queen that the County of Clare might be re-annexed to Munster whereof it was formerly a part whereupon the Queen the 29th of July 1602. wrote to the Lord Deputy and Council on that Subject and on the 4th of October she wrote positively to renew the Earl's Commission to use Martial Law in that County and to put him into all Commissions of Oyer and Terminor Goal-delivery c. next to the President and Chief Justice and to continue his Band of 200 Men and his Entertainment of 10 s. a Day and to reunite Twomond to Munster unless they found great reason to the contrary they debated the matter and 't was alledg'd for the reunion 1. The Name Thomond i. e. North Munster which proves it was originally part of Munster and so has continued 1300 Years 2. It was inhabited by Munster-men the O Bryans being setled on both sides the River Shenin their Language and Pronunciation is the same and since there is an Alliance between them they ought not to be seperated 3. Twomond was formerly part of the County of Lymerick and the Inhabitants have been often tryed for Life and Estate by Judges and Commissioners at Lymerick but of late the County being too large part of it was made a separate County by name of the County of Clare but nevertheless was subject to the Governours of Munster 4. It was first united to Connaugh at the importunity of Fitâ—on because Roscomon Sligo and Mayo were not amesnable to Law this brought great inconveniency to Thomond till it was reunited and Sir Nicholas Malby procured it again to be seperated and so it continued till the Earl got the Martial Government of it and his Company is of the List of Munster 6. It is necessary the President of Munster who governs Lymerick should have command on both sides the River Shenin to prevent the design of foreign Enemies 7. Part of Twomond is within the Liberties of Lymerick and must not de dispunishable till remedy can be had from Conaugh 8. Lymerick is the Sanctuary and Bulwark of Twomond and the fittest place to keep it in order and therefore the Citizens have purchased good Estates in Twomond and it would be very inconvenient to have them and their Estates under several Governments 9. Twomond is in the Province of Cashel the Arch-bishoprick of Munster and these Reasons prevailing the County of Clare was again made part of Munster But my Friends at Ballyvorny would never forgive me if I should omit the Indulgence granted by Pope Clement the Eighth to such as in devotion go unto Gobonet's-Church in Muskry in the County of Cork which follows in these words UNiversis Christi fidelibus praesentes literas inspecturis salutem Apostolicam benedictionem Lib. N. N. N. 77. ad augendum fidelium Religionem animarum salutem coelestibus ecclesiae thesauris pia charitate intenti Omnibus utriusque sextus Christi fidelibus vere penitentibus confessis ac sacra communione reflectis qui ecclesiam parochialem Sanctae Gobonetae loci Ballyvorni Clunensi dioc ' die Festo ejusdem Sanctae Goboneuae à primis vesperis usque ad Occasum solis praedicti festi singulis annis devote visitaverint ibi pro Christianorum principum concordia Heresum extirpatione ac Sanctae Matris ecclesiae exaltatione pias ad deum preces effuderint decem annos totidem quadragenas de
Parsons by Owen O Conally an Irishman but bred a Protestant by Sir John Clotworthy and he being drunk told his Story so odly and delivered this surprizing Information so incoherently that small regard was had to what he said and therefore he was dismissed with Directions to make farther Discoveries if he could Nevertheless the Lord Parsons went to his Collegue Burlace at Chichester-house to communicate Conally's Intelligence unto him and whilst the Lord Justice Burlace was fretting that Conally should be so slightly dismiss'd Vide his Examination Append 2. behold about Ten a Clock at Night he came again and confirm'd his former Story Whereupon several of the Conspirators were that Night apprehended and tho' James Warren and Paul Neale found means to escape out of Custody yet the Lord Macguire in whose Lodgings were found many Hatchets Skeins and Hammers and Mac Mahon were taken and kept safe until their Execution It was about Five a Clock in the Morning 23d of October when Mac Mahon was Examined and Confessed That on that very day all the Forts and strong Places in Ireland would be taken that he with the Lord Macguire Hugh Brine Captain Bryan O Neale and several other Irish Gentlemen were come expresly to surprize the Castle of Dablin and that Twenty men out of each County were to be here to joyn with them That all the Papist Lords and Gentlemen in the Kingdom were engaged in this Plot That what was to be done in other parts of the Country was so far advanced by that time as it was impossible for the Wit of Man to prevent it that they had him in their Power and might use him as they pleased but he was sure be should be revenged And it is observable that Mac Mahon's Fancy was so full of the Bloody Tragedy which was to be Acted that day that during Owen O Conallies Examination as he walked in Chichester-Hall he drew with Chalk several postures of Men some on Gibbets and some groveling on the Ground so much was he delighted with what he thought or rather knew would soon be the Condition of the miserable English Nor is it to be omitted that Sir William Cole upon the Information of John Cormuck and Flagharty Mac Hugh that the Irish did design to seize on the Castle of Dublin and murder the Lords Justices and Council and the Protestants there did on the 21. of October send Letters with an Account of that Matter to the Lords Justices but how they mis carried is not known but it is certain those Letters never came to hand On this First day of the Rebellion the Irish surprized the Lord Blaney's House his Wife and Children and seized the Newry and the Magazine there See it Burlace 22. wherein were Seventy Barrels of Powder they also took Dungannon Fort Mountjoy Charlemont Tonrage Carrickmacross Cloghouter in the County of Cavan and Castlemonaghan and committed many Murders and the Lords Justices issued a Proclamation to encourage the English to defend themselves which were immediately Printed and sent to several places by Expresses and from this time forward there was not a day and scarce an hour wherein the dismal Tidings of some new Outrage or Barbarity did not arrive On the 24th the Alarms and Fears were so great at Dublin that the Castle Drawbridge was once let down and some of the State went to the Platform of the Castle to view the Irish Army which was falsly said to be approaching The Lords Justices being in this deplorable Condition did turn themselves to all the Methods of preserving the Kingdom which so great a Danger did require and their small Materials would allow but tho' their Industry was great their means were inconsiderable the whole standing Army did not exceed Two thousand ninety seven Foot and Nine hundred Horse Officers included and these were scattered in Single Troops and Companies or small Parties into places remote from Dublin and far distant from one another so that some of them were cut off by the Enemy and more of them being Irish Papists did revolt to the Rebels however they did send Potents for as many as they thought could safely March and particularly for the Earl of Ormond's Troop which came with himself to Dublin on the Second day of December and they made Sir Francis Willoughby Commander of the Castle These Letters are at large Temple 25. and Sir Charles Coot Governour of the City and on the 25th of October sent Owen O Conally with Letters to the Lord Lieutenant and Sir Henry Spotswood with an Express to the King But their main hope was that the Papists of the Pale who were of English Extraction and had signalized their Loyalty in all former Rebellions would also stand firm to the Crown in This and therefore the Lords Justices and Council sent Letters to the Sheriffs of those five Counties to make their best defence against the Rebels and to do all that was necessary for their own Preservation And to encourage as well as enable those Papists that the State had a good Opinion of the Lords Justices dispersed Seventeen hundred Arms to the Lords of Fingall Gormanstown Dunsany Slane Netervill Merion Hoath and other Roman Catholick Gentlemen for the Guard of the Pale and Arms were likewise sent to the Towns of Waterford Wexford and Trim with a Licence to import more they issued also Commissions of Martial Law for the more speedy Execution of the Rebels and thereby the more Expeditious Suppressing of the Rebellion Temple 55. and these Commissions were directed to Papists viz. to Henry Talbot for the County of Dublin John Bellew Esquire for the County of Louth Richard Dalton and James Tuit in Westmeath and James Talbot in the County of Cavan They also gave Commissions of Government of the respective Counties to several Roman Catholicks viz. the Lords Mountgarret Gormanstown Mayo Costilo Walter Bagnall Sir James Dillon Sir Robert Talbot Sir Christopher Bellew Sir Thomas Nugent and Mr. Nicholas Barnewall and by these Commissions these Lords and Gentlemen in their respective Districts had power to Levy and raise Forces to Arm and Array and conduct them and to prosecute the Rebels with Fire and Sword to use Martial Law and to Pardon and receive into his Majesties mercy as they should think fit as may be seen more at large in the Lord Gormanstowns Commission Postea Appendix 8. But the Lords and Gentlemen of the Pale were deeper in this General Conspiracy than the Lords Justices suspected and therefore were so far from being wrought upon by these Kindnesses and the Confidence the State placed in them that on the contrary from the very beginning they industriously sought for Pretences to break out into Action Their first Essay was on the 27th day of October at which time they picked a Quarrel at the words Irish Papists in the Proclamation against the Rebels as being Terms so General and Comprehensive that themselves might seem included and tho' they being Old English
had scarce a fair Pretence for that Cavil yet to satisfie them those words were by a Second Proclamation of the 29th of October explain'd to extend to none but such as were in Rebellion Their Second Attempt was at the Session of Parliament on the Sixteenth of November where they endeavoured to Palliate the Rebellion and smooth and soften their Protestation against it and complain'd at the Shortness of the Session whereby they were hindred as they said of means to suppress the Insurrection But finding neither of these sufficient they had afterwards Recourse to other as ill grounded Complaints hereafter mentioned and in the mean time they excused themselves to the State that they were not able to raise Men according to their Commissions of Government by which Answer and some other Passages the Lord Justices perceived That even those of the Pale were Tainted with the infection and therefore they recalled the Arms they had delivered out to them and by a great deal of industry they recovered about Nine hundred of them and the rest were treacherously made use of against the State that had too credulously trusted the Roman Catholicks with them at so critical a Juncture In this extremity and want of all things especially Money Application was made to the Corporation of Dublin but that famous City the Metropolis of the Kingdom would not advance more than Fifty Pounds tho' upon so great an Emergency whereby the State was convinc'd that the Rebellion was Universal and that even those the Citizens that did not dare to appear openly in it were yet secretly Well-wishers to the Cause and in their Hearts devoted to the Persons and Designs of the Rebels And this was the more manifest because the Popish Citizens did rarely if at all administer any the least Comfort to the poor and plunder'd English insomuch that the Protestants perished in such Multitudes at Dublin that the Church-yards being full of Graves the Lords Justices were fain to provide two large Pieces of Ground for new Burying-places for them The Lords Justices by their Proclamation of the Twenty seventh of October caused Michaelmas Term to be adjourned and sent Four hundred Musquets by Sea to the Lords Viscounts of Clandeboys and Ardes and also sent Commissions to them to raise the Scots and to receive Submitting Rebels to Mercy and they also wrote to the Lords President of Munster and Connaught to be on their Defence And because of the great Concourse to Dublin and the danger that City was in upon the Complaint of the Magistrates thereof all Strangers were commanded by Proclamation to depart the City upon pain of Death but no body was punished for disobeying that Order altho' there was a second Proclamation against the Harbourers of such Strangers But how general soever this Rebellion was and how cruel soever the Authors of it were Vid. Appendix 10. altho' the very Women and Children were active in stripping and murdering the distressed English yet the Execution could not be so great nor with so little Loss to the Irish but that the English were wheedled to put a Confidence in their Irish Landlords Tenants Servants and Neighbors with whom they had lived kindly and to whom they had given no manner of Provocation and so neglecting the proper Means of defending themselves they were miserably betrayed and perfidiously destroyed by those they trusted it being esteemed a Mortal Sin amongst most of the Rebels to relieve or protect a Heretick But in some places the English to considerable Numbers were embodied together and being in a condition to make some Resistance were promised Quarter and good Articles upon Oath But as soon as they submitted they were also treacherously murdered And thus they were served at Loughell Temple 41. Armagh Belturbet Longford Tullogh New-Town Burlace 71. Sligo and many other Places At first the Rebels did pretend to spare the Scots and to make a Difference between them whom they professed a Kindness for because they were Strangers and their Religion likewise persecuted by the parliament and the English against whom they expressed a most bitter and inveterate Hatred and to disguise their Designs they did actually Forbear them for about ten days till the English were destroyed and then they fell upon the Scots also and made no farther distinction between British Protestants By the First of November the Protestants had very little left in Ulster except Londonderry Colerain and Iniskilling and half the County of Down and part of the County of Antrim which the Government was in an ill Condition to provide for or relieve and had no hopes of retrieving that part of Ulster which was lost and so deeply drench'd in innocent Blood otherwise than by Force of Arms but as to the Counties of Meath West-Meath Longford and Louth which were not yet so deeply plung'd in Robberies and Murthers the Lords Justices had hopes of their Submission and therefore did issue their Proclamation of Pardon to all that would submit within Ten days Freeholders and Murderers only excepted But whilst these things were doing viz. on the First of November the Parliament of England voted a Supply of Fifty thousand Pounds for the Relief of Ireland and that all the Papists of Quality in England be secured and that none except Merchants shall pass to Ireland without a Certificate and that a Pardon be offered to the Irish Rebels and that Owen O Conally the Discoverer of the Plot should have Five hundred Pounds in Money and Lands worth Two hundred Pounds per Annum setled upon him And this Order was 12 November printed in Dublin and dispersed all over the Kingdom but without any Effect For now the Rebels were elevated and had formed a Design against Tredagh whereof Doctor Jones afterwards Bishop of Meath gave timely notice so that it was prevented for tho' the Lord Moor had made a seasonable Entry into that Town nevertheless the Inclination of the Townsmen and of Sir John Nettervill who had a Foot Company there in the King's Pay being manifestly favourable to the Rebels the Place was not safe without a stronger Garison and therefore Sir Henry Tichbourn with a Regiment of Foot and two Troops of Horse was sent from Dublin the third day of November and came safe to Tredagh the next day On the Fourth of November Sir Phelim O Neale and Rory Macguire from their Camp at Newry published That they had a Commission from the King under the Great Seal of England for this Insurrection And one Harison having taken the Seal from an old Patent of the Lord Cawfeild's at Charlemont and fixed it to a forged Commission they sent attested Copies of it in Letters to their Confederates thereby blacking their Insurrection with the worst of Circumstances viz. by laying it to the Charge of His Majesty who upon all Occasions expressed his Detestation of it and by this means they raised more Enemies to the King and created more Jealousies in the Minds of His Protestant Subjects
and gave more Colour and Umbrage for the Suspicions that were then entertained of Him than any other Action of that Time could do And indeed this single Act of theirs did His Majesty more mischief than all the pretended Loyalty of that Party since that time can atone for However to obviate the dismal Effects of that impudent Forgery as much as they could the Lords Justices did Burlace Append 3. by their Proclamation of the Thirtieth of October 1642. publish that Sham to be false and scandalous And it is very observable That this Contrivance of theirs from whence they hoped to derive so much Advantage was the Occasion of their Ruin for the King to vindicate himself from this gross Aspersion was necessitated to devolve the Management of the War upon the Parliament and to consent to the Act of Adventurers which dispos'd of most part of the Rebels Estates and indeed to humour them in every thing relating to Ireland and particularly in giving up Carrigfergus to the Scots And on the same Fourth of November Temple 50. the Parliament of England voted 1. That Twenty thousand Pounds be forthwith supplied for the present Occasions of Ireland 2. That a convenient Number of Ships shall be provided for the Guarding of the Sea-coasts of that Kingdom 3. That this House holds fit that Six thousand Foot and Two thousand Horse shall be raised with all convenient speed for the present Expedition into Ireland 4. That the Lord Lieutenant shall present to both Houses of Parliament such Officers as he shall think fit to send into Ireland to Command any Forces to be transported thither 5. That Magazins of Victuals shall be forthwith provided at Westchester to be sent over to Dublin as the Occasions of that Kingdom shall require 6. That the Magazins of Arms Ammunition and Powder now in Carlisle shall be forthwith sent over to Knockfergus in Ireland 7. That it be referred to the King's Council to consider of some fit Way and to present it to the House for a Publication to be made of Rewards to be given to such as shall do Service in this Expedition into Ireland and for a Pardon of such of the Rebels in Ireland as shall come in by a Time limited and of a Sum of Money to be appointed for a Reward to such as shall bring in the Heads of such Principal Rebels as shall be nominated 8. That Letters shall be forthwith sent to the Justices in Ireland to acquaint them how sensible this House is of the Affairs in Ireland 9. That the Committee of Irish Affairs shall consider how and in what manner this Kingdom shall make use of the Friendship and Assistance of Scotland in the Business of Ireland 10. That Directions shall be given for the drawing of a Bill for the Pressing of Men for this particular Service for Ireland In the mean time the Lords Justices and Council did all that was possible for the Preservation of the Kingdom They on the Fifth of November dispatched a second Express to the King and another to the Lords of the Council and then and not before wrote to both Houses of Parliament and sent a Duplicate of it to the King and they formed a thousand of the stripped English into a Regiment under Sir Charles Coot and soon after they raised two Regiments more under the Lord Lambert and Colonel Crawford They also took care to Victual the Castle of Dublin and to clear an old Well that was in it and to do all things necessary to fit it for a Siege And to prevent any Surprize that might happen by the great Concourse of People to the Castle they removed the Council to Cork-house and often sat there in Council which was a great Oversight and might have been Fatal to them if the Lords of the Pale who soon after went out into open Rebellion had had the Courage to seise upon them there as they easily might have done On Saturday the Sixth of November Philip O Rely Knight of the Shire and the Irish of the County of Cavan sent an insolent Remonstrance to the Lord Justices by Doctor Jones whose Wife and Children they had at their Mercy and impowered him to assure their Lordships That there should be a Cessation of all things till the return of his Answer But tho' the Lords Justices gave a Civil Answer to it and sent the Remonstrance to the Lord Lieutenant to whom the King had ordered them to apply themselves about the Affairs of Ireland yet the very next Munday being the Eigth of November and before any Answer could come these Remonstrants Rendezvoufedâ— at Virginia a Town in the County of Cavan and proved the fiercest Rebels of all and by the Eleventh of December had taken the whole County of Cavan except the Castles of Keighlah and Croghan which were also surrendred to them the Fourth of July 1642. and Thirteen hundred and forty English Persons were thence according to Articles conveyed to Tredagh On the Eleventh of November the Lords Justices published another Proclamation prohibiting all unnecessary Persons from repairing to Dublin which the Irish took very ill and made a great noise about it tho' no Person of Quality or Business was in the least restrained by that Proclamation But their Design was to pick Quarrels and to manage all Accidents to that purpose On the Twelfth of November the County of Wickloe appeared in its proper Colours they murdered or robbed all the English Inhabitants within that County and burnt the principal Houses and laid Siege to Fort-Carew which the Lords Justices had not Means to relieve The Counties of Letrim Longford West-Meath and Louth were already infected and Wexford and Caterlogh followed the bloody Examples of their Neighbours and even the County of Kildare it self began to put on a terrible Countenance and the Irish of the Pale having gotten Arms from their English Neighbors under pretence of opposing the Rebels were the better able to do Execution on those stupid Protestants that so foolishly parted with them to their National and Hereditary Enemies The Lords Justices had by Proclamation Prorogued the Parliament to the Twenty fourth of February but at the Importunity of some Irish Lawyers who pretended great Affection to the King and earnest Desires to quench the Rebellion the Parliament which was a very thin one was permitted to meet on the Sixteenth of November and then it was visible that more were tainted with the Infection than appeared openly in Rebellion for the Popish Members did with great Cunning and Artifice endeavour to varnish or excuse all the Actions and Cruelties of the Rebels and those who seemed most to discountenance the Insurrection did nevertheless cover it over with such a Veil treat of it so nicely and handle it with so much tenderness as if themselves most of them being of the Conspiracy were immediately to participate of the Punishment as well as they were clandestinely involved in the Plot They would by do means have
Men and desired that he would hasten thither in Person And â—â—on after by their Proclamation they ordered that Dublin be fortified But it is time to return to Sir Philemy O Neal who having taken Dundalk and in it a Foot Company which surrendred upon the first Summons and all their Arms as also the Town of Ardee marched his Victorious Rabble of Four thousand Men to Lisnegarvy and on the Twenty second day of November attempted the Town but the Garison being Four hundred Foot and One hundred and eighty Horse under Sir Arthur Tyringham repulsed him with the loss of many Irish and Six Colours Another Party of the Rebels sat down before Melifont Novemb. 24. and found a brisk Defence from the Garison being Fifteen Horse and Twenty four Musquetiers but their Powder being spent the Horsemen forced their Way through the Irish Camp to Tredagh and the Foot surrendred upon Articles which the Rebels perfidiously broke and butchered several of them in cold Blood because they had kiâ—â—ed 140 Irishmen in defence of the Place By this Remora the intended Siege of Tredagh wâ—s delayâ—â— and therefore on the Twenty seventh day of November the Lords Justices sent Six hundred new-rais'd Foot and a Troop of Horse to reinforce the Garison there but the Lord Gormanston's Groom by his Masters privity gave notice of their March to the Irish who being three time their Number 2 Temple 16. fell upon them at Gellingstown-Bridge on the Twenty ninth of November and by the Folly or Treachery of a Captain that commanded a Countermarch and the Unexperience of the Men they were disordered and above Five hundred of them slain at which the Popish Inhabitants of Dublin did very much rejoyce and the Lords of the Pale did thereupon take off their Vizard But much better Success had Sir Charles Coot who marched from Dublin the same 27th of November to relieve the Castle of Wicklow and to quel the insolence of those Rebels that had come in Hostile manner within two miles of the City for on the 29th of the same Month he beat Luke Toole and One thousand Rebels and put them to a shameful Flight and thereby became so terrible to the Irish that they seldom afterwards made any resistance where he was Nevertheless the Irish were so elevated by the Victory at Gellingstown-bridge and the delay of Succours from England that the Lords of the Pale who were really the first Contrivers of this Rebellion and whose Tenants and Servants were openly or secretly concern'd in it from the beginning and they themselves had hitherto looked on whilst the English were robbed and had given no help or Assistance to the State having now drawn the Rebels into the Pale 2 Temple 18. believing it impossible to dissemble the Matter much longer began to unmask themselves and appear Bare-faced insomuch that the Lord Gormanston on the Second of December Mr. Dâ—â—dal's Examination Burlace 39. issued a Warrant to the Sheriff of Meath to Summon the Popish Lords and Gentry of that Country to meet at the Hill of Crofty and above One thousand of them met and Colonel Mac Mahon Philip O Rely Roger Moor c. came to them with a Guard of Musketeers whereupon the Lords of the Pale rode towards them and as formally as the Lord Mayor expostulates with the Privy Council at Temple-Bar demanded of them why they came Armed into the Pale They reply'd That they took up Arms for Liberty of Conscience and maintaining of his Majesties Prerogative in which they understood he was abridged and to make the Subjects of this Kingdom as Free as Those of England were But says the Lord Gormanstown Are not these Pretences and not indeed the true Grounds of your taking Arms and have you not some private ends of your own To which they answered That they had no private ends but did it upon the aforesaid Reasons and professed great Sincerity to his Lordship whereupon he told them That seeing those were the true ends of their Insurrection he and all the rest would joyn with them and immediately it was proclaimed that whosever denied to joyn with them or refused to assist them therein they would Account him an Enemy and to the utmost of their Power labour his Destruction and thus Valence and Brabant were joyned as Sir Philemy O Neal phrased it and the Lords of the Pale Confederated with their ancient and hereditary Enemies and became so barbarously Cruel that they bragged afterwards That they had killed more Protestants in Fingall only than were Slain in some other whole Counties But on the Third of December the Lords Justices and Council dissembling their knowledge of these Transactions wrote to the Lords of the Pale to come to Dublin and consult for the safety of the Kingdom whereupon the Lords of Kildare-Merion and Hoath came but the other Lords had another meeting at the Hill of Taragh on the Seventh of December and by Advice of their Lawyers sent the following Answer to the Lords Justices May it Please your Lordships WE have received your Letters of the Third instant intimating that you had present Occasions to confer with us concerning the present State of the Kingdom and the safety thereof in these Times of Danger and requiring us to be with you there on the Eighth of this instant We give your Lordships to understand That we have heretofore presented our selves before your Lordships and freely offered our Advice and Furtherance towards the Particulars aforesaid which was by you neglected which gave us cause to conceive that our Loyalty was suspected by you We give your Lordships further to understand That we have received certain Advertisement That Sir Charles Coot Knight at the Council-board hath offered some Speeches tending to a Purpose and Resolution to execute upon those of our Religion a general Massacre by which we are all deterr'd to 〈◊〉 on your Lordships not having any Security for our Safety from those threatned Evils or the Safety of our Lives but do rather think it fit to stand upon our best Guard until we hear from your Lordships how we shall be secur'd from those Perils Nevertheless we all protest That we are and will continue faithful Advisers and resolute Furtherers of His Majesty's Service concerning the present State of this Kingdom and the Safety thereof to our best Abilities And so with the said Tender of our humble Service we remain Your Lorship humble Servants Fingall Gormanstown Slane Dunsany Nettervill Oliver Louth Trimletstowne In like manner Luke Nettervill in the beginning of December upon three days Summons assembled Twelve hundred armed Men at Swords within Six Miles of Dublin and arrayed them under the Captains Golding Russell Travers Holywood c. which would have been impossible to have done on so short warning if they had not been privy to the Conspiracy long before and had not made Preparations for it The Lords Justices sent a Message to them ro disperse but they return'd for Answer
English Pikes were longer than the Rebels Pikes they charged home and the Lord Moor coming in seasonably with 15 Horse only they put the Rebels to flight and beat them quite out of the Town with the Slaughter of above 200 of them and some of their best Officers nor must it be forgotten that the Popish Houses in the Town were marked with Chalk that so the Rebels if they had prevailed might distinguish them from those they intended to murder Neither will I pretermit a Stratagem used by the Garison in placing some Pipers upon the Walls to play and others to toss up their Caps and cry The Town is our own make hast in and the like by which means many of the Rebels that still waited to have a Gate opened for them ran hastily into the Town and were made Prisoners The Pinnace that came with the first Relief hapned unfortunately to run aground and was briskly attackt by the Rebels who desperately came with Pickaxes and Iron Barrs even to her very Stern but Captain Stutfield threw some Granadoes amongst them and by that means got rid of them with much ado and killed above Threescore of the Irish But after a while Necessities and Diseases began to return upon the Garison so that many dyed daily in the Town and therefore a diligent Search was made for Provisions and the Fryers contrary to their Vow of Poverty were found to have great Quantities of Money Plate and other Treasure which they not owning most of it probably belonging to the Rebels it was divided amongst the Soldiers but that was no Relief to a hungry Belly when Victuals could not be had for Money and therefore the Governor made a hard shift to send a Boat to Dublin to hasten Supplies And tho' the Governor did by frequent Sallies incommode the Enemy and sometimes recover a little Provisions yet that did not so recruit the Garison but that they were reduced to the greatest Extremities even to the eating of Horses Dogs and Cats when on the Thirteenth of February they Sallied and took from the Rebels a considerable Booty of 80 Cows and 200 Sheep and the Twentieth day being Sunday at four a Clock in the Morning Sir Philemy O Neal with all his Strength made so bold an Attempt as to apply Scaling Ladders to the Wall and the Sentinel's Gun missing Fire they made good Progress before the Garison took the Alarm but as soon as the Soldiers came to the Walls they did such Execution upon the Irish that their Officers could by no means oblige the Soldiers to return to the Assault And the same day two Pinnaces and several other Vessels notwithstanding the Boom at Tredagh which broke the day before came up to the Town with a plentiful Supply of all Necessaries Encouraged by this Recruit and these Successes the Governor of Tredagh with 220 Foot and 120 Horse Sallied to Beaubeck on the Twenty sixth of February and secured some Corn and Hay for the Garison and then advanced to Smiths Town where they defeated a Party of Rebels and slew 300 And about the same time Major Fortescue had good Success near Gellingston against Colonel Preston in the same Field the English had formerly suffered a Defeat and to follow the Blow the Lord Moor with 600 Foot and 120 Horse and two Field-Pieces Sallied out the Twenty eighth of February and assailed Stainime but finding it fortified they took some Corn at Colp and returned On the First of March the Lord Moor and Sir John Burlace made another Sally and took the Castle of Colp and killed many of the Rebels And on the Second of March Colonel Wainman made another Sally as far as Marlengton burned Mr. Draicot's House and some other considerable places and return'd home with good store of Corn and on the Fourth the brave Lord Moor made another Sally towards Tullagh-hallon amongst his traiterous and ungrateful Tenants and routed the Rebels killing seven Captains and 400 Soldiers and took Capt. Mac Mahon and Barnwell of Rahasket Prisoners and got good store of Arms whereby the Siege of Tredagh was raised and the Garison was at leisure to visit the Enemies Quarters and soon forced Darcy of Platten his Servants to surrender his House and obliged some of the Lord of the Pale to write Letters of Excuse to the State and to desire to know upon what Terms they might come in but the Lords Justices despis'd that Insolence and the case being alter'd did not think fit without new Orders to prostitute His Majesties Mercy to such as had no other sense of their Duty than that was taught them by necessity But whilst some of them desired to be pardoned others of them committed barbarous Crimes that were unpardonable and murdered all the Protestants at Atherdee to be revenged for their Losses before Tredagh and it ought never to be forgotten as an especial Providence of God that during this long Siege and in all these Sallies there were but Twelve Protestants that fell by the Sword or were slain which nevertheless is very believable because the like hath lately hapned in proportion at the famous Siege of Londonderry On Munday the Seventh of March the Earl of Ormond with Three thousand Foot and Five hundred Horse marched out of Dublin to relieve Tredagh not knowing the Siege was rais'd and having burned Feildstown Kilsalan and Ratooth and several Houses in the County of Meath he came to Tredagh on the Eleventh and having recruited the Governor and the Lord Moor with Four hundred Foot and Two Troops of Horse and burnt and pillaged great part of the Pale he return'd to Dublin on Business of Importance by the special Order of the Lords Justices Nevertheless the Lord Moor and Sir Henry Tichburne on the Twenty first of the same Month marched out with One thousand Foot and Two hundred Horse and having burnt the Country about Slane on the Twenty third advanced to Atherdee and having discovered the Enemy to the number of near Fifteen hundred they sent out their Forlorn which stumbled on an Irish Ambuscade and drove them to the Main Body of whom they killed about Four hundred At the Foot of the Bridge the Irish did again make some Resistance but some of the English found a Passage over the River and galled them in the 〈◊〉 and forced them to abandon that Post and then forced their way into the Town In this Skirmish one Irish Lieutenant-Colonel and five Captains were slain besides what fell of the Common Soldiers The English encourag'd with this Success advanc'd to Dundalk on the Twenty sixth of March and tho' the Town was fortified with a double Wall and a double Ditch and had a Bog on the one side and the Sea on the other yet a Party of the English led by Lieutenant-Colonel Wainmâ—â— forced the Gate with Pickaxes and entred the Town with their Horse and pursued the Enemy on a full Gallop but at the turn of a Street were warmly received by Five hundred
Commission to the Earl of Ormond and him to Govern the County of Kilkenny of the same Tenor as Appendix 8. they thought to colour their Proceedings thereby and therefore invited him to be their General And it seems his Lordship was ready to embrace the Offer for in the latter end of January he came with Fifteen Companies to Cashell and being assisted by Purcell Titular Baron of Loghmore to whom likewise the Lords Justices had sent Arms and by the Lords of Ikerin Dunboyn Cahir and Castleconell they took Ballyowen and blockt up Gowlin and Knockordan and then marched to Kilmallock and so towards Mallow but near the Mountain above Donerayl the Lord president faced the Rebels He had with him the Lords Barymore Dungarvan and Broghill Sir Hardress Waller Sir Edward Denny Sir John Brown Major Searle and Captain Kingsmill and about Six hundred Foot and Three hundred Horse Whilst he staid there the Rebels did not dare to advance but his Presence being necessary at Cork he was after eight days stay thereabouts obliged to retire to that City whereupon the Irish advanc'd to Mallow and took the short Castle there upon Articles which they did not perform At Mallow there arose a Difference amongst the Irish about the Supreme Command of the Army The Lord Roch and others of Munster thought they ought to have a General of their own Province and to avoid Competition amongst the Lords they pitch'd upon Garret Barry and appointed the Lord Muskery and other Great Men to be the Council of War Hereupon the Lord Mountgarret return'd to Typerary where he met the News That the Men which were in Gowlin Castle had escaped into the Mountains where most of them were murdered by James Butler of Ruskagh for which Fact he was tried before Colonel Sanky Anno 1653. and afterwards hang'd and that the Women and Children left in the Castle were likewise inhumanly butcher'd by the Irish for which Barbarity Peirce Butler and his Son Thomas James Butler of Boyton-Rath and Thomas Kent were likewise tried condemned and executed Anno 1653. As for the County of Cork which by the noble Plantations made by the Earl of that Name became the best inhabited with English of any County in that Kingdom it was in a great measure preserv'd by the Generosity and Diligence of that Earl who was then newly return'd out of England he rais'd Two Troops of Horse under his Sons the Lords of Kinalmeky and Broghil and Four hundred Foot all which he maintained for some Months as his own Charge and sent a hundred of them to Asketon a hundred to Lismore and kept Two hundred with himself at Youghall Nevertheless that County was not without its share of Disturbance tho' it was the last County wherein the Rebellion broke out and they began it as elsewhere by robbing and plundring bare-fac'd and at Noon-day and in Multitudes and afterwards committed some Murders but not so many as in other Places because the English were powerful in this County and therefore the Rebels were in more fear to be called to account for their Exorbitances However at Glandore they gagg'd several English to death and in another place they ty'd an Englishman's Guts to the Post and made him dance round it till he died they broil'd a piece of a Scotch Minister's Breech and made him eat it they hang'd Robert Scot of Newcestown and his two Daughters in Muskery tho' he went voluntarily there to a Friend for Protection and in like manner John Burrows was serv'd at Ballynorohur by his Landlord Mac-ni-crimin who was tried and executed for it afterwards at Bandon They hang'd Andrew a Servant of Mr. Hazell's and which was worse than all he rest Mr. Linscomb Sovereign of Cloghnikilty having much Intimacy with the Irish staid behind his Neighbors in confidence of Protection but contrary to his Expectation and their Promises they first made him drunk till he vomited and then made him eat it up and immediately hang'd him at his own Door and having by Promises of sending her safe to Kinsale persuaded his Wife to discover 120 l. in Money she had hid at Muckrus as soon as they got it they threw her and her Sister into a deep Pit and there they left them till they were starved And altho' there were not many downright Murthers committed in this County yet by reason of the universal Robbing and Plundring and the great Want and Hardships this Insurrection exposed the miserable English to many thousands of them perished and particularly in the Town of Bandon there died above a Thousand in the first Year of this Rebellion and great Numbers likewise met with the same Fate at Cork Kinsale and Youghall To stop this Torrent the Lord President raised a Regiment of Foot and Two Troops of Horse and did what he could to prepare for his Defence And it was but needful to do so for the Rebels being extraordinary numerous thought themselves able to besiege Cork Kinsale and Bandon at the same time In order to this Mr. Long High Sheriff of the County of Cork form'd a Camp at Belgooly about Two Miles from Kinsale and to him came Mac-Finin's Brother called Captain Sugane and march'd from Kerry through Muskery and Carbery to the Camp and Dermond ni Glack of Littergorman with another Party march'd down to Kilgoban-Castle on the River of Bandon and surprized it This Camp at Belgooly continued the rest of this Winter and was supplied with Ammunition and other Necessaries even from some of the Popish Inhabitants of Kinsale but at length half the Lord Baltinglass his Company being Forty five Men arrived by Sea at Kinsale on the Fifth of April and brought with them Eight Barrels of Powder whereof Six were the next day sent to Bandon guarded by the Bandon Troop which fell into an Ambuscade but the Kinsale Troop just then parted from them return'd seasonably to their Succour and between them they kill'd Eighty of the Rebels and then each Troop return'd safe to their respective Garisons and the next day the Camp at Belgooly was dissolv'd and most of the Soldiers went to reinforce the Blockade at Cork And about the same time viz. in February Mac Carthy Riagh who had dissembled the Matter and pretended Loyalty and that he would side with the English until he got some Arms from the Lord Viscount Kinalmeky and then declared the very next day with about Three thousand raw Men and ill armed came to besiege the Town of Bandon But the valiant Bandonians scorned to be pent up by such a pitiful Rabble and therefore having form'd themselves into Four Companies under the Captains Watkins Woodhouse Jefford and Hooper and One Troop Battel of Knockagarane under their Governor the Lord Kinalmeky they sallied out and whilst the Foot marched up the direct Road to Cloghnakilty the Horse went round by Castlemahon so to fall on the Rear but the Foot came up first and one Company led by Captain Watkins within-side the Ditch
and attacked them so briskly that they quickly fled but by reason of the adjacent Bog and the harrass'd Condition of the English Horse there was not much Execution done the number of the Slain not exceeding Five hundred amongst which were the Lord Dunboyn's Brother the Lord Ikerin's Son and Colonel â—â—vâ—nagh and on the English side not above Twenty killed and Forty wounded However it was an entire Victory all their Powder and Amunition the Generals Waggon drawn with Eight Oxen his and the Lords of Ikerin's Sumptures and Twenty Colours being taken and for this great Service the Lieutenant General had a Letter of thanks from the Parliament of England and a Jewel worth 500 l. Soon after arrived at Dublin Philip Lord Lisle Lieutenant General of the Horse and his first Essay was to relieve the Castle of Geashill which with Three hundred Horse and One hundred and twenty Foot he easily effected he was accompanied by old Sir Charles Coot in this Action who at a Council of War told the rest that if they made haste they might easily pass the Defiles and Causeways before the Enemy could get together to oppose them whereto another reply'd that perhaps that might be so but when the Countrey was Alarm'd how should they get back I protest said Sir Charles Coot I never thought of that in my Life I always considered how to do my business and when that was done I got home again as well as I could and hitherto I have not mist of forcing my way and accordingly they went and their march was so swift that they came unexpectedly to Phillipstowne and took it and on their return they followed some of the Popish Lords of the Pale to Trim and forced that place likewise and by Coot's advice resolved to make it a Garison and therefore in order to settle this Affair with the Lords Justices the Lord Lisle guarded by some of the Horse went to Dublin but the next night after he was gone the Irish to the number of Three thousand came in the dead of the night to surprise Trim but the Centinel gave the Alarm and thereupon Sir Charles Coot with all the Horse he could get being not above Seventeen issued out of the Gate and was followed by others as fast as they could get ready The Success was answerable to so generous an Undertaking and the Irish were routed without any other considerable Loss on the English Side except that of Sir Charles Coot himself who was shot dead but whether by the Enemy or one of his own Troopers is variously reported Upon his Death the Government of Dublin was given to the Lord Lambert on the Twelfth of May and tho' in July Colonel Monk had it by the Lord Lieutenant's Order yet as soon as the King was informed that it had been predisposed to the Lord Lambert Monk was removed and the Lord Lambert was confirmed And on the Twenty third of May the Marquis of Ormond publish'd a Proclamation against the Exorbitances of the Soldiers and to supply their Necessities the Lords Justices gave them Custodiums on the Villages in the Irish Quarters which produced good Effects both in relieving the Soldiers and in annoying the Rebels On the first of June came over some Regiments under the Conduct of Sir Foulk Hunks and Lieutenant Colonel Kirke whereupon the Earl of Ormond with Four thousand five hundred Foot and Six hundred Horse marched to the Relief of Athlone and in his way took in the Castles of Knocklinch Trimletstown and Kinkelfe and beat Five hundred Rebels from Ballynecurr but upon his approach the Rebels burnt Molingar and Bullymore and Sir James Dillon and the Irish Army thought fit to withdraw so that the Lord President of Connaught with Fifty Horse and Two hundred Foot met the Marquis of Ormond Five Miles from Athlone and received from him Two Regiments of Foot and Two Troops of Horse and then both these Lords return'd the one to Athlone and the other to Dublin About the same time viz. in June Colonel Monk marching to reinforce the Lieutenant-General took Castleknock and killed Eighty Rebels besides some that he hanged and a while after he took the Castles of Rathroffy and Clongowswood in the County of Kildare and did good Execution upon the Enemy and of Seventy which he had taken Prisoners most of them being murdering Rebels were afterwards executed at Dublin And on the Twentieth of the same Month Colonel Gibson made a prosperous Incursion into Wicklow and killed many of the Confederates and brought home a considerable Prey But on the Twenty first of June the Irish Parliament sat according to the Prorogation and the Lower House voted That the Oath of Supremacy should be tendred to all their Members that so the Rotten ones may be cut off and new ones chosen in their room and to that purpose a Bill was prepar'd and sent into England and it seems that they did proceed to chuse new Members for the Corporations and Counties within their power in stead of those that were in actual Rebellion which was one of the Grievances the Confederates afterwards complain'd of And it is worthy Observation The Proclamation Burlace Append. p. 57. That the Lords Justices and Council finding the Rebellion to be so general that all Degrees and Conditions of the Irish had with hateful and bloody obstinacy either publickly or privately contributed to the Destruction and Extirpation of the Protestants and that those under Protection abused that Favour to murder and rob the English the more slily and securely they did by their Order of the Nineteenth of August revoke repeal and annul all Protections that had been given to any Rebel before that time which was one of the wisest Acts that was done in the whole War for nothing is more experimentally true than this That the English never or very seldom suffered by the Irish at open Defiance but have been often destroyed by their Perfidiousness and Treachery But to proceed In August the Lord Moor Sir John Burlace junior and Colonel Gibson with Fifteen hundred Men two Pieces of Battery and two Field-pieces marched into the Counties of Louth and Meath and took the strong Castle of Sedan with the Slaughter of Five hundred Rebels whereat the Lords Gormanstown and Nettervill were so frightned that the former quitted the Fort of Nabar and the other deserted the Castle of Newtown whereby those Counties of Louth and Meath were cleared of the Enemy And this good Success was followed by more of the same sort for the Captains Piggot and Grimâ—s defeated a Party of Eight hundred Rebels near Athy and killed Two hundred of them and the Lord Lisle in the midst of September marched without controul through West-Meath and Cavan and destroyed the Country burnt the Earl of Fingall's House and his Town of Virginia and at last sat down before Carrickmacross which after one days Battery was deserted by the Cowardly Ward But in October the Rebels to the number of Two
posted near Capoquin with a small Wood at their Backs and tho' he had but Sixty Horse and One hundred and forty Foot yet he boldly Charged them and killed two of their best Captains and Two hundred of their Soldiers with the loss of onely one English Man On the Ninth of August the Castle of Glin was taken by the Lord Forbes who came with his Fleet from before Gallway and Sailed up the River of Shanon and on the Twenty first the Lords Dungarvan and Broghill took the Castle of Ardmore with the Saughter of One hundred and forty of the Rebels But Provisions beginning to grow scant the Lord Insiquin drew out One thousand eight hundred Foot and Three hundred and sixty Horse and near Liscaroll met with the Irish Army under the Lord Mountgarret who was accompanied by the Lords Muskery Roch Ikerin Dunboin Castleconnel and Brittas and it came 〈◊〉 a smart Battel on the Third of September wherein the English were Victorious and killed Seven hundred of the Rebels and took Fifty â—sisoners and one piece of Cannon and two Field Pieces without any loss on the English side except that of the valiant Lord Viscount Kinalmeaky who was slain in the beginning of the Fight by a shot in his Neck and Sixteen private Soldiers In this Battel the noble Earl of Cork who never begrudged what he ventured for the Service of his King and Country had no less than four Sons viz. the Lords of Dungarvan Kinalmeky and Broghill and Mr. Francis Boyle since Viscount Shanon About the same time the Lord Forbes with his Regiment Landed at Kinsale and marched to Bandon and being joyned with Three Bandon Companies of Foot and some Horse they went to Rathbarry to relieve Captain Freak who had been besieged there since the Fourteenth of February but when they came to Cloghnikilty on the Eighteenth of October they thought fit to leave Two Scotch Companies and one Bandon Company there to secure that Town till their Return but it was not long after their Departure before a numerous Rabble of the Irish rushed upon them from all sides whereupon Groves who Commanded the Bandon Company advised to retreat towards their main Body which was not above four Miles from them but the Scots thought that dishonourable and refused and the Consequence was That the two Companies of Scots were cut in pieces but Groves valiantly made good his retreat a full Mile to an Old Danes Fort in the way to Ross which he justified manfully till the rest of the Forces came up to him and then they fell upon the Irish and forced them into the Island of 〈◊〉 and the Tide being in above Six hundred of them were killed and drowned whereupon the English marched to Cloghnikilty and relieved a great number of Men Women and Children which were imprison'd in the Market-house purposely to be burnt together â—ith the House to make a Bonâ—iâ—e for joy of the easie Victory they promised themselves over the rest of the Lord Forbes his Party After the Death of the Lord of Kinalmeaky Colonel Râ—â—land Saintleger was made Governour of Bandon in whose time it happened that the Troops of Bandon and Kingsale had appointed to meet at a day prefixed and to take a Prey but the Rebels who were at Kilcrea had notice of it and believing that the Troop had marched abroad according to the Appointment they boldly came to Bandon and took away the Cattel belonging to the Town but the Troop being by some Accident delayed in Town longer than they designed were just ready mounted when this Adventure happened so that they immediately issued out and recovered the Prey at Brinny Bridge and slew Fifty of the Tories in Killmore Bog without the loss of one Man But these small Victories were balanced by some considerable Successes of the Irish for the strong Castle of Limerick which had been besieged since the Fifteenth of January was surrendred to them on the Twenty third of June and the Castle of Askeaton submitted to the same Fate on the Fourteenth of August after nine Months Siege as Castlematrix likewise did not long after Neither was it a small Misfortune to the English that about this time both Dean Gray and Archdeacon Byss who were Commissioners to enquire into the English Losses in Munster met with their Destiny the former dying at Bandon and Byss the Survivor who had all the Papers and Examinations was murdered by the Rebels on the Way to Youghall ☜ and this is the true Reason why there is no particular full Account extant of the Murders and Losses in Munster And it is very observable that the Rebels took very few places by force but either want of Necessaries or Promise of good Conditions prevail'd with the English to surrender and it is no less wonder that the English would trust to any Articles from a perfidious People that had so often violated their Faith Nevertheless every day afforded Instances of their sâ—â—essful Treachery and besides what is already mentioned Gloghleigâ— and Cool are additional Examples in the former was a considerable Garison to whom Richard Condon promised Quarter and Convoy to Castlelyons whereupon they surrendred and for their Folly were every one murdered wounded or kept Prisoners And in Cool were 36 Troopers of the Earl of Barrimores to whom the same Condon promised the like Quarter Upon the Faith of a Soldier and a Christian but nevertheless murdered them all except one who had 36 Wounds and was left for dead And in Connaught the Town of Gallway did in the later end of April submit unto the Earl of Clanrickard who was Governor of that County and was by him taken into Protection until the Pleasure of his Majesty then expected over should be known but the Lords Justices did not approve of that Protection unless the Town would admit of an English Garison However Clanrickard made use of that Opportunity to relieve the Fort of Galway wherein the Archbishop of Tuam and 36 Ministers and many more English were in very great distress And about the middle of July the Lord President drew out his small Forces into the County of Mâ—yo Battle of Ballintobber where not far from Ballintobber they met with the Irish Army which was more than double their Number Nevertheless the English obtained an easie Victory over them and killed near 2000 of the Enemy and on the First day of the same Month Sir Frederick Hamilton took the Town of Sligo and slew 300 of the Rebels and afterwards routed Owen O Rourk who in his Absence had with 1000 Men besieged his Castle of Mannor Hamilton And about August the Lord Forbes came into the Bay of Gaâ—â—ay and landed some Guns and seized on the Abby and being joyn'd by the Lord President and the Earl of Clanrickard they pretended to besiege the Town but they wanted Necessaries and therefore the Lord Forbes compounded with the Town for a Sum of Money which was never paid and drew off from
Attempt upon Cappoquin but were on the Twenty Seventh of June repulsed thence with Loss and on the Second of July the Earl of Castlehaven met with the same Fate at Lismore and then marched towards Leinster And on the First of July Colonel Myn beat the Irish on the Plain on the Northside of Tymoleague River and soon after took the Castles of Tymoleague Aghamilly and Rathbarry But in Connaught the Protestant Affairs were in a worse Condition for tho' they made a shift to repell the Incursions of Owen Roe and at lenghth to drive him out of that Province yet in August the Fort of Gallway was surrendred to the Irish whereupon the Rebels marched to the Siege of Castlecoot to which the Town of Gallway contributed Three hundred Pound and altho' the Irish had Notice of a Cessation by a Messenger sent on purpose yet they imprisoned him as a Spy and shot the more furiously against the Castle ☞ until at length perceiving their Labour was in vain they claimed the benefit of the Cessation to secure their retreat And in Ulster I find no other Account than what Monroe gives in his Letter of the Twenty third of May viz. that with Two thousand Foot and Three hundred Horse he did beat Owen Roe and his Son and Sir Phelim O Neal being joyned together with their Forces and compelled them to return to Charlemont after quitting the Generals House to be burnt and spoiled by them with all the Houses in Loghgall being the best Plantation in Ulster and the straightest for defence of the Rebels Peview 81. only that my Lord of Castlehaven says that Colonel Mervin and Sir Theophilus Jones and the English had a hand in this Victory and so we are come to the Treaty of the Cessation which was managed in this manner On the Twenty third of June 1643. the Irish Commissioners viz. the Lord Gormanstown the Lord Muskery Sir Lucas Dillon Sir Robert Talbot Tirlogh O Neil Geoffery Brown Ever Macgenis and John Walsh presented themselves unto the Marquess of Ormond in his Tent near Castlemartin his Lordship sitting in his Chair covered and they uncovered his Lordship told them He was come according to their Desires and expected their Propositions in writing and the next day they desired a sight of his Commission alledging that they were ready to shew theirs and give a Copy and since no Body was named in the Kings Commission but his Lordship and their Authority was likewise to treat with him only they desired The Negotiation might be kept secret and concealed from all others till the matter be fully concluded To which the Marquess replyed That for the way of proceeding he was by his Majesty trusted therewith and should do nothing therein but what he conceived to be fit then having received a Copy of their Commission and sent them a Copy of His Majesties Letter of the Third of May 1643 and Promised them upon conclusion of the Treaty a Copy of his Majesties Letter of the Twenty third of April 1643 they tendered Propositions and having agreed that the time of the Cessation should be a Twelvemonth the Marquess proposed that they would first declare what they would contribute towards the support of His Majesties Army during the Cessation to which they Answer That when they know what they have to give they assist His Majesty according to their utmost Abilities as upon all occasions they have heretofore done The next meeting was at Siggingstown where on the Twenty eighth of June they declared That the Cessation being first agreed upon they will treat of Supply and not before on the Twenty ninth the Marquess not admitting the Name or Title attributed by the Commissioners to their Party nor the Protestation That they took Arms in defence of their Religion His Majesties Rights and Prerogatives and the Liberties of this Kingdom and no ways to oppose His Majesties Authority gave an Answer in writing to their Proposals and Tacked to it Four demands viz. 1. For supply 2. A Declaration how far the Quarters of each Party extended 3. For Caution of Payment of such Supply as they should Promise And 4. That all Castles Towns Forts and Houses that may be taken during the Treaty should be restor'd on the Cessation Hereupon the Treaty was adjourn'd that the Commissioners might consult their Principals and then 12 July from Kilkenny they answer to the First That 't is not warranted by His Majesty's Letter however on the Conclusion of the Cessation they will do what is fit To the Second They agree to settle that Point To the Third That a Free Gift needs no Caution and for performance of Articles they will agree to an Equal Course at Meeting And to the Fourth if reduc'd to Particulars they will answer it at the next Congress On the Fifteenth of July Ormond writes to them That tho' their Answers are neither so particular nor so satisfactory as he expected yet he design'd to meet them but that his necessary Attendance on other Business prevents it which being over they shall have timely notice of a Day of Meeting To this on the Nineteenth of July the Irish Commissioners reply That they are loth to give an ill Construction of this Delay until they know of that Service that taketh place of This but must take notice that they meet in These as in all other Proceedings whereby they may have any expectation to enjoy the Benefit of His Majesty's Grace and Favour some Interruption and Slackness in conveying any part of His Good Intentions to His Faithful Subjects the Catholicks of Ireland which they may add to their other Grievances and will endeavour in discharge of the many Harms which may ensue by reason of this Protraction to have it rightly represented to His Majesty To this smart Reply Ormond on the Twenty first of July return'd this Answer That he was not accountable with the Knowledge of any of his Majesty's Services wherewith he had the Honor to be intrusted to any but His Majesty That nevertheless they were not ignorant of the Cause of that Interruption since their General Preston with their Forces approach'd so near as Castle Carbery in the County of Kildare But on the Fifth of August the Lords Justices Borlace and Titchborn together with the Marquis of Ormond sent the Commissioners a Letter importing That they had received His Majesty's Letter authorizing Them to conclude a Cessation for a Year and that pursuant to it Ormond would meet the Commissioners at Sigginstown on the Seventeenth of August and proceed where he left off But afterwards at the desire of the Confederates Note In the New Commission Lord Gormanstown was omitted and Nicholas Plunket and Sir Richard Barnwall were added their Commissioners being dispersed the Meeting was appointed the Twenty sixth of August and then insisting upon the Title Name and Protestation aforesaid they give a Reply in Writing to the Answers formerly given by the Marquis On the Twenty eighth of August
indeed had they any inclination to submit until they were baffled before Drogheda and his Majesties Army was Master of the Field why then should the Lords Justices who every day expected the Lord Lieutenant and had no Order to Pardon Murthers prostitute his Majesties mercy to those obstinate Rebels that did despise and affront it However as they were far from aiming at the Rebels Estates so they gave them demonstration of their Moderation and Indulgence even to a fault in their favours to the Earl of Westmeath Sir Morgan Cavenagh Sir Luke Fitz Girald Sir Robert Harpoole and O Farrell Sheriff of the County of Longford But with what Face can they complain of Sir Charles Coot's March to Wicklow to relieve that Castle Besieged by the Rebels since that was not till the 27 th of November before which time all the County was in open Rebellion and all the Englisb plunder'd and all the Castles and Towns surpriz'd two only excepted neither did he execute but one Woman who had some of the plunder'd goods about her and thirteen Men notoriously Guilty and what else were slain were killed in Battle and it is a wonder the Gentry of the Pale can so far forget their Birth as to express a concern for those antient Tories and old Enemies of Wicklow whose Incursions into the Pale were in a great measure prevented by this March certainly there would be no concern in this Case if it were not for the Confederacy And as to the Affair of Santry which the Remonstrants would Insinuate was sufficient to raise a whole County in Six hours that in six Weeks before could not raise Sixty men to serve the King or prevent the murder of Derrick Hubbert and other Protestants it was nakedly thus A Lieutenant without any Orders on the 5 th of December went out with Forty men upon information that some of the Murtherers of Hubbert were at Santry and finding there Four strangers with Arms newly come thither he slew them and went in farther search of the rest he expected to find thereabouts and he still affirms that these Four were Rebels tho' others say that one of them was a Protestant but at worst it was but an unlucky mistake and no cause of a general Rebellion especially since the Lords Justices on the 13 th of December sent them a true account of the matter Moreover Luke Netervills Summons and his Listing and Arraying of Soldiers was before this accident at Santry and it was impossible for Twelve hundred of them to meet in the posture they did on the 7 th of December at Swords if there had not been provision made beforehand for it however on the 9 th the Lords Justices sent them a civil Message to depart and Protection for Seven of them to come to them to Dublin but they kept the Messenger that night and sent a Mutinous Letter next morning demanding security of their Lives c. which being granted they despised and continued in that Seditious manner Robbing and Spoiling the Protestants until the 10 th destroying the Country and threatning even Dublin it self and in order to straiten the City they sent Parties to Clantarf Finglass and Santry at Clantarf they Robbed and Spoiled two English Barques and threatned to burn all the Vessels in the Harbour and the owner of the Town George King was in the Rebels Camp at Swords so that it was of absolute necessity to dislodge them thence and accordingly the 15 th of December Sir Charles Coot did defeat the Rebels and recovered some of the plundered Goods and burned the Village and on the 22 th of December the Rebels were likewise beaten from Finglass and Santry That the Lords Justices by their dispatch to the Parliament did suggest their Fears that the Massacre was design'd against the old English and that therefore the old English and even Irish that continued Loyal should be encouraged to raise Men in defence of the Kingdom by promises of Honourable Reward and by their Letter of the 2 d. of December they did Invite the Lords of the Pale to Dublin to consult of the best means to stop the Rebellion So far were they from putting any necessity upon those of the Pale to be Rebels themselves and what answer those Lords gave and what was done thereupon is mentioned at large in this History That Sir James Dillon who gathered near Two Thousand Men under pretence of carrying them to Spain and had at his own Request received Fifty Arms from the Government for his defence not only refused to suppress the Rebels of the County of Longford but also joyned with them himself and made use of his Majesties Arms against those that lent them to him Dundalk and a Foot Company in it Surrendered upon the First Summons and Drogheda had done the like if the Lord Moor had not prevented it and on the 10 th of November the Lord of Louth delivered up his Commission to Govern that County and soon after went into Rebellion The County of Wicklow broke out the 12 th of November as Wexford and Caterlagh did on the 21 th and the Country of Louth on the 24 th and Meath about the same time so that they were all engaged before any thing happened either at Clantarf or at Santry And as to Lieutenant Colonel Read it is true Three Lords and Four Gentlemen did joyn in a Petition in the beginning of January and did pretend to send Read with it to the King but though he pressed to be dispatched yet they delayed it Three Months expecting the success of the Siege of Tredagh which proving unfortunate to them Read was taken Prisoner and was not without president Racked for the discovery of things so highly conducing to the safety of a Kingdom To the Tenth the Lords Justices did never give any such direction to the Lord President of Munster as is untruly suggested much less would they do it whilst the Province was quiet the Peace whereof they sought by all means to provide for Neither would he have obeyed any such unrighteous and half Command himself being a Native of that Kingdom and allyed to the Old English and Irish and in all things lovingly affected to the People as long as they could be contained in their duty neither was he provided with Necessaries to begin a War nor would ever have entred into it if the Irish had not been the Aggressors On the contrary he constantly gave the Lords Justices notice of the Quiet condition of his Province and particularly of the Loyal Disposition of the Lord of Muskry who by reiterated Oaths had sworn to continue therein so that the Lords Justices sent particular Letters of Thanks and Encouragement to that Lord to whom the President likewise gave some Arms and there were Commissions of Government and Martial Law sent to the Natives of that Province as well as to those of the Pale The Leinster Rebels invaded the County of Waterford the beginning of December and though when
REX ET REGINA BEATI HONI · SOIT · QVI · MAL · Y · PENSE · R. White scul Printed for Ioseph Watts in S t Pauls Church Yard HIBERNIA ANGLICANA OR THE HISTORY OF IRELAND From the Conquest thereof by the ENGLISH To this Present Time WITH An Introductory Discourse touching the Ancient State of that Kingdom and a New and Exact Map of the same PART I. By RICHARD COX Esq Recorder of Kingsale Ardua res est vetustis novitatem dare obsoletis nitorem obscuris lucem dubiis fidem Plin. Attamen audendum est veritas investiganda quam si non omnino Assequeremur tamen propius ad eam quam nunc sumus tandem perveniemus LONDON Printed by H. Clark for Ioseph Watts at the Angel in St. Paul's Church-Yard MDCLXXXIX TO THEIR Most Excellent Majesties WILLIAM AND MARY By the Grace of God King and Queen OF England Scotland France and Ireland Defenders of the Faith c. May it please Your Majesties I Should not presume to lay this Treatise at Your Royal Feet but that it concerns a Noble Kingdom which is one of the most considerable Branches of Your Mighty Empire It is of great Advantage to it that it is a Subordinate Kingdom to the Crown of England for it is from that Royal Fountain that the Streams of Justice Peace Civility Riches and all other Improvements have been derived to it Campion 15. so that the Irish are as Campion says beholding to God for being conquered Davis 2. And yet Ireland has been so blind in this Great Point of its true Interest that the Natives have managed almost a continual War with the English ever since the first Conquest thereof so that it has cost Your Royal Predecessors an unspeakable Mass of Blood and Treasure to preserve it in due Obedience But no Cost can be too great where the Prize is of such Value and whoever considers the Situation Ports Plenty and other Advantages of Ireland will confess That it must be retained at what rate soever because if it should come into an Enemy's Hands England would find it impossible to flourish and perhaps difficult to subsist without it To demonstrate this Assertion it is enough to say That Ireland lies in the Line of Trade and that all the English Vessels that sail to the East West and South must as it were run the Gauntlet between the Harbours of Brest and Baltimore And I might add That the Irish Wool being transported would soon ruine the English-Clothing-Manufacture Hence it is that all your Majesties Predecessors have kept close to this Fundamental Maxim Of retaining Ireland inseparablely united to the Crown of England And though King Henry II may seem to deviate from this Rule by giving the Kingdom to his Son John yet this is to be said for him That he thought the Interest and Expectations his Son had in England would be security enough against his Defection and the rather because he could not then keep Ireland without continual Aids and Supplies from hence However this very Example was thought so dangerous that Ireland was never given away since that time except once by Henry the Third and then only to the Prince who was his Heir apparent and on this express Condition Ita quod non separetur a Corona Angliae I do not mention that unaccountable Patent to Robert de Vere Earl of Oxford and Duke of Ireland not only because there was a Tenure by Homage reserved so that it was not a total Alienation and because it was but for Life and cum mixto Imperio but chiefly because it never took effect so that it was but Vmbratilis Honor cito evanuit But it is needless to tell your Majesties That Ireland must not be separated from England or to solicit your speedy Reduction of that Kingdom since the loss of it is incompatible with Your Glory and to suffer the Ruin of four hundred thousand Irish Protestants meerly for their adherence to Your Majesties and their Religion is inconsistent with your Goodness But in Truth the Recovery of Ireland was not proper for Your Majesty's Undertaking until it became difficult beyond the Hopes of others any Body can do easie things but it is Your Majesty's peculiar Talent to atchieve what all the rest of the World think Impossible Your Majesty did so in buoying up a sinking State and restoring it to a more Glorious Condition than ever it was in before And Your Majesty did so again in retrieving from Ruine two expiring Kingdoms that were at their last Gasp and the Recovery of the third is all that remains to consummate your Glory and make You the Darling both of Fame and of Fortune And when that is done Madam the bright Example of your Majesty's Virtue and Piety will influence that degenerate Nation to such a degree of Reformation and Religion as will restore that Kindgdom to its ancient Appellation and Ireland will again be called Insula Sacra That Your Majesty's Glorious Designs for the Advantage of England and the Recovery of Ireland for the Propagation of the Protestant Religion and for the Good of Mankind may be blessed with Success suitable to Your Majesty's Generous and Pious Intentions And that Your Majesties long and happy Reign here may be crowned with Everlasting Happiness hereafter shall be the fervent as well as daily Prayers of May it please Your Majesties Your Majesties most Dutiful most Loyal and most devoted Subject R. COX TO THE READER SInce Ireland is reckoned among the Principal Islands in the World and deserves to be esteemed so whether you consider the Situation of the Country the Number and Goodness of its Harbours the Fruitfulness of the Soil or the Temperature of the Climate it is strange that this Noble Kingdom and the Affairs of it should find no room in History but remain so very obscure that not only the Inhabitants know little or nothing of what has passed in their own Country but even England a Learned and Inquisitive Nation skilful beyond comparison in the Histories of all other Countries is nevertheless but very imperfectly informed in the Story of Ireland though it be a Kingdom subordinate to England and of the highest importance to it This could never be so if there were extant any compleat or coherent History of that Kingdom which indeed there is not those relating to the Times before the Conquest being Fabulous and those since but Scraps and Fragments As for those Histories that treat of the Times before the English-Conquest Doctor Keating's is the best and is exceedingly applauded by some that did and others that did not know better Prospect in Pref. 13. Peter Walsh thinks 't is the only compleat History that we have of all the Invasions Conquests Changes Monarchs Wars and other considerable Matters of that truly ancient Kingdom But after all it is no more than an ill-digested Heap of very silly Fictions And P. W's Prospect which is in effect the Epitomy
make them seek Peace yet he was in no wise able to reduce them to the Obedience of Subjects or enlarge the Limits of the Pale however what he did was held so considerable that the Lords and Gentlemen of the Pale made Certificate of this great Service in French to the King Nevertheless the Army was so ill paid in this March that the Subject suffered more from the Cess of the Souldier than they gained by this small and temporary mortification of the Irish and this was the common Calamity from hence forward so that Necessity revived Coyn and Livery again by degrees notwithstanding that it remained Treason by Act of Parliament In August the Parliament met at Dublin 1415. and sate six weeks during which time the Irish followed their usual Course of falling upon the English and killed Thomas Ballymore of Ballyquelan and many others and on the 22th day of October the King obtained a most glorious and entire Victory over the French at the Battel of Agincourt But the Parliament was adjourned to Trym 1416. and there it sate on the 11th of May and continued seven days and gave the King a Subsidy of four hundred Marks in Money and the next year the Prior of Kilmainham with sixteen hundred Irish went to aid the King in France 1417. they Landed at Harslew in Normandy and did the King very good Service But I should have remembred That the King and Parliament at Westminster anno 1413. did Enact That for the Peace and Quietness of England and for the encrease and enstoring of Ireland That all Irishmen Irish Clerks Beggars and Chamberdekins be voided out of England before All-Saints next Lib. M. except Graduates in Schools Sergeants and Apprentices at Law and such as be Inheritors in England and Religious Persons professed and Merchants of good Name and Apprentices now dwelling in England and those whom the King will dispense with and that all Irishmen who have Offices or Benefices in Ireland shall dwell in Ireland for the defence of the Land And now 4 Hen. 5. Lib. M. It was likewise Enacted in England that all Archbishops Bishops Abbots and Priors of the Irish Nation Rebels to the King that shall make any Collation or Presentment to Benefices in Ireland or bring with them any Irish Rebels among the Englishmen to the Parliament Councils or other Assemblies within the same Land to know the Privities or States of the Englishmen their Temporalities shall be seized till they fine to the King and that the Governors of Ireland be defended and restrained to grant such Benefices or Pardons in the case to Irish Persons not English and that such Licenses shall be void There is very little recorded of the Year 1418 1418. and it is scarce worth mentioning That the Lord Lieutenant did spoil the Tenants of Henry Crus and Henry Bethel probably for some Misdemeanor by them committed against the Government But the Year 1419. 1419. will afford us more Matter for on the last Day of May the Lord Lieutenant accompanied by the Archbishop and Mayor of Dublin razed the Castle of Kenun having a little before in the same Month taken Prisoner Mac Morough the chief Captain of his Nation and on the 20th of June the Lord William de Burgh took O Kelly and slow five hundred Irish in Connaught but the Lord Lieutenant was sent for to England and substituted his Brother Richard Talbot Archbishop of Dublin Lord Justice or Deputy He held a Royal Council i. e. a Parliament at the Naas which gave a Subsidy of three hundred Marks On Maundy-Thursday O Tool took four hundred Kine from Ballymore and so broke the Peace contrary to his Oath but it fared worse with the Irish at Rodiston where thirty of them were slain by the English under the Command of the Lord Justice but on the 4th day of April Landed at Waterford James 1420. Earl of Ormond Lord Lieutenant His Commission is very large and beareth Date the 10th of Febr. 7 Hen. 5. and is to be seen Pryn 412. He held a Council at Dublin the 23th of April and summoned a Parliament to meet the 7th of June which did accordingly then meet and sate sixteen days and gave the King a Subsidy of seven hundred Marks and adjourned to Monday after S. Andrews Day and at that Session they gave another Subsidy of three hundred Marks and the publick Debts contracted by the Lord Talbot were paid and then they were Adjourned to the Monday after S. Ambrose's Day But it will be convenient to shew the Reader who paid these Subsidies and what their respective Proportions were and thereby he will perceive the vast Alteration for the better that is made in the State of Ireland since those Days This Subsidy was called Tertium Subsidium and was applotted thus Lib. CCC Â Lib. s. d. The Clergy of the County of Wexford 13 06 08 The Commons of Kildare 34 10 05 The Clergy of Kildare 04 02 10 Commons of Typerary 08 11 04 Clergy of Cashel 00 19 04 Commons of Limerick 02 03 00 Clergy of Limerick 00 08 01 Kingsale 01 16 08 Â Mar. s. d. Meath Liberty 83 00 00 Clergy of Meath 40 00 00 Clergy of Dublin 11 11 08 Drogehda 04 03 00 Commons of Carlow 04 01 04 Clergy of Ossory 02 00 11 Commons of Kilkenny 18 05 11 Commons of Louth 25 12 05 Clergy of Ardes 08 08 09 Commons of Dublin 40 10 00 City of Dublin 06 10 00 Clergy Cathedral of Dublin 11 11 08 Cork 02 02 00 On the 28th of October Thomas Fitz-Girald took Colmolin Castle and the Parliament met again according to Adjournment on Monday after S. Ambrose's Day and ordered that the Archbishop of Armagh Sir Christopher Preston and others should go Commissioners to the King to desire a Reformation of the State of the Land At this Parliament John Gese Bishop of Lismore and Waterford accused Richard O Hedian Archbishop of Cashel of Thirty Articles the Principal of which were First Ware de Praesul 170. That he loved none of the English Nation nor gave any Benefice to any Englishman and that he counselled other Bishops to do the like Secondly That he had counterfeited the Great Seal Thirdly That he designed to make himself King of Munster Fourthly That he had taken a Ring from the Image of S. Patrick which the Earl of Desmond had offered and gave it to his Concubine c. There was also a Contest between Adam Pory Bishop of Cloyne and another Bishop but it is probable that the former Accusation was suppressed because we find no farther Proceedings upon them and because the Archbishop seems to have been a more generous sort of Man for he not only repaired the Cathedral of Cashel and a Mansion-House or two for his Successors but also was otherwise a great Benefactor to that See and liberal to Pious Uses and the later Contest was transmitted to Rome But we should return
to the Lord Justice 1422. whose Servants were on the Seventh of May attacked and defeated by the Irish Purcel Grant and five and twenty English more were slain and ten taken Prisoners and two hundred escaped to the Abby of Leix and to revenge this the Lord Justice invaded O Mores Country and defeated his terrible Army in the red Bog of Asby he relieved his own Men and burnt and preyed the Rebels Lands for four days until themselves came and sued for Peace And it seems O Dempsy notwithstanding his Oath of Obedience invaded the Pale and took the Castle of Ley from the Earl of Kildare which the Lord Justice had justly restored to the Earl whereupon Campion makes a severe Remark on the Irish That notwithstanding their Oaths and their Pledges they are no longer true than they feel themselves the weaker In the mean time Mac Mahon play'd the Devil in Vrgile and burnt and spoil'd all before him Camp 97. but the Lord Justice also revenged that Prank and forced Mac Mahon to submit and many other Noble Exploits did this good Governor for whose Success the Clergy of Dublin went twice every week in solemn Procession praying for his Victory over those disordered Persons which now in every Quarter of Ireland had apostatiz'd to their old Trade of Life and repined at the English And when I have mentioned a Deed made 9 Hen. 5. which is to be found Lib. GGG 24. at Lambeth whereby this Earl of Ormond constituted James Fitz-Girald Earl of Desmond his Seneschal of the Baronies or Signiories of Imokilly Inchicoin and the Town of Youghal during his Life I have no more to add but that this Victorious King after he had conquered France submitted to the common Fate on the last Day of August 1422 in the Flower of his Age and the Tenth Year of his Reign THE REIGN OF HENRY VI. King of England c. And LORD of IRELAND HENRY the Sixth was but nine Months old at the Death of his Illustrious Father 1422. and therefore the deceased King had by his last Will appointed John Duke of Bedford to be Regent of France Humphry Duke of Glocester to be Governour of England and Thomas Duke of Excester and Henry Bishop of Winchester to be Guardians of the Young King's Person All which was duly observed and the Infant King was proclaimed in Paris and the Nobility that were there swore Allegiance to him James Earl of Ormond continued Lord Lieutenant of Ireland and upon a Petition preferred by the House of Commons to the King about the manifold Murders Robberies Rapes Riots and other Misdemeanours committed by the Irish in England Lib. M. it was enacted there That all Persons born in Ireland should quit England within a time limited except Graduates in either University Clergymen beneficed those that have Land in England or are married there or those whose Parents are English and even such are to give Security of their good Behaviour And not long after came over Edmond Mortimer 1422. Earl of March and Vlster Lord Lieutenant He died afterwards of the Plague at the Castle of Trym which was his own Inheritance And in his stead came John Lord Talbot 1425. Lord Justice In whose time the Barretts a Family of good account near Cork did by Indenture covenant to be obedient to the Earl of Desmond who was exceeding Powerful and lorded it over great part of Munster with a high Hand This Governour resigned to James Earl of Ormond 1426. Lord Justice In whose time John Duke of Bedford 4 Instit 360. Regent of France obtained a Patent for all the Mines of Gold and Silver within England Ireland c. rendring to the Church the tenth Part to the King the fifteenth Part and to the Owner of the Soil the twentieth part And then Sir John de Gray 1427. Lord Lieutenant landed at Hoâ—th the thirty first of July and was sworn the next Day but no mention is made of any thing he did but that he went for England and left Edward Dantzy Bishop of Meath 1428. his Deputy He was for a time Treasurer of Ireland and dyed the fourth of January 1428. Upon Notice whereof Sir John Sutton Lord Dudly was sent over Lord Lieutenant He held a Parliament in Dublin Friday next after the Feast of All Saints 1429. at which it was enacted That the Sheriff upon Pain of Amercement should add to the Panel of Jurors the Place Estate and Mistery of every Juror And in the Preamble to this Act the Lord Lieutenant is Styled The Right Noble and Right Gracious Lord. And on the sixth of the same November the King was crowned at Westminster And soon after the Lord Lieutenant returned and left Sir Thomas Strange 1429. Lord Deputy in whose time the King was crowned at Paris 1431. and took the Oaths and Homage of the Nobility and People there And now happened the famous Case of the Prior of Lanthony which was That a Judgment in the Common Pleas being removed to the Irish Parliament was affirmed there Whereupon a Writ of Error was sent from England but the King's Bench in England would not take cognizance of a Judgment in the Parliament of Ireland to reverse it And therefore the Prior petitions the King That the Record may be transmitted to the House of Lords in England to be examined there Sir Thomas Stanly was made Lord Lieutenant of Ireland 1432. and it seems that he called a Parliament which enacted two Statutes that were afterwards repealed by 11 Jac. 1 cap. 5. And then he went to England leaving Sir Christopher Plunket Lord Deputy 1432. he was afterwards Baron of Killine in Right of his Wife Heir of the Cusacks and his second Son became Baron of Dunsany But Sir Thomas Stanly 1435. Lord Lieutenant returned and gave a Check to the Irish who were insolent beyond Measure and incroaching everywhere on the Pale making the best Advantage of the King's Minority and the Absence of the Military Men in France but the Lord Lieutenant with the Power of Meath and Vriel took Moyle O Donel Prisoner and slew a great many of the Irish And afterwards about Michaelmas he went again to England and left Richard Talbot Archbishop of Dublin 1436. Brother to the Earl of Shrewsbury Lord Deputy he was sometime Lord Chancellor of Ireland and was elected Primate of Armagh but he refused to change his Bishoprick Lion Lord Wells 1438. Lord Lieutenant in whose time a second Law was made in England Lib. M. obliging the Irishmen to return into their Native Country And another Statute was made in Ireland to stop the Passage of any more into England And on the twelfth of June 17 Hen. 6. Robert Fitz-Geofry Cogan granted all his Lands in Ireland being half the Kingdom of Cork to James Earl of Desmond and gave a Letter of Attorney to put him in Possession of Kyrrygrohanmore Lib. G. Downdrinane
16 of January came to Cahir to Commissioners appointed for that purpose and there he renewed his Oath of Allegiance and delivered his Son Girald to be Hostage of his Loyalty and to be bred after the English manner and by Indenture he renounced that fantastical Privilege which he and his Predecessors had for a long time claimed of not being obliged to appear at the Parliament Lib. D. or come within any walled Town but at their own Pleasure and by the same Indenture did utterly deny and promise to forsake the Bishop of Rome's usurped Primacy and Authority and Covenanted that he would with all his Power resist and repress the same and all that should by any means use or maintain it and that he would contribute and pay his share of Taxes granted by Parliament as the Earl of Ormond and other Noblemen do And afterwards he did come to Dublin and made his Submission in a set Form of Words before the Lord Deputy and Council And it seems that about the same time Hugh Burk made his Submission Ibid. and by Indenture Covenanted to pay the King forty pound per annum for the Captainry of the Burks Country and an hundred Mark upon every Succession of Captainry and to find eighty Gallowglasses and forty Horsemen for six weeks every Hosting and his whole Force for three days whenever the Lord Deputy comes into the Country and also to give Bonnagh or Maintenance for eighty Gallowglasses for six Weeks every year and this Example was followed by many others varying the Proportions of every mans Contribution according to their respective Circumstances And about the same time Lib. 6. was Coyned that Piece of Money Ware 159. which they call King Harry's Groat and two-penny Pieces and Pence of the same Stamp and on the nineteenth of November they were made currant by Proclamation and the carrying them to England was prohibited under severe Penalties The Lord Deputy in the latter end of May went to Limerick 154◠to confer with O Brian about his Submission which I suppose was there performed and soon after he returned to Dublin to meet the Parliament which was summoned to sit there on the thirteenth of June which it accordingly did and continued until the twentieth Day of July and so after several Prorogations and Adjournments mentioned in the Statute Book it was finally dissolved on the nineteenth day of November 1543. There were present at this Parliament the Archbishops of Dublin Ware 160. Cashel and Tuam and the Bishops of Waterford Fernes Emly and 〈◊〉 and to oblige the principal Gentry the King 〈…〉 profuse of Honour than he used to be Enobling no less than six of them at the beginning of this Parliament viz. Edmond Butler Baron of Dunboyne and Bernard Fitz-Patrick Baron of upper Ossory June 11. Sir Oliver Plunket Baron of Louth June 15. William Birmingham Baron of Carbry June 17. John Rawson late Prior of Kilmainham Viscount Clantarfe June 20. and Thomas Eustace Viscount Baltinglass June 29. This Parliament made several good Laws viz. 1. That the King and his Successors be KINGS of Ireland and that it be so proclaimed in every Shire in the Kingdom and that all opposition to this Act or to that Style or Title be Treason 2. That no body shall buy Goods or Merchandizes to sell again except in open Market or Fair on pain of being punished as a Forestaller except Tanners buying Hides to Tan. This Act made perpetual by 11 Eliz. c. 5. 3. That the Plaintiff in Assize may abridge his Plaint 4. That Consanguinity or Affinity not being within the Fifth Degree shall be no principal Challenge against a Jury-man 5. That it shall be Felony in any Servant Apprentices under eighteen years of Age excepted to carry away or inbezil his Masters Goods to the value of forty shillings or upward 6. That Marriages solemniz'd in the Face of the Church and consummate with carnal Knowledge by Persons without the Levitical Degrees shall not be dissolved on any Pretence whatsoever without Carnal Knowledge Vide 2 Eliz. c. 1. 7. That because by reason of Secret Conveyances it is difficult to know the Tenant the Lords may avow the taking of a Distress on the Land without naming the Tenant and that the Avowant shall have Costs and Damages if it be found for him or the Plaintiff be nonsuit 8. That all Religious Persons belonging to the dissolved Abbies and Monasteries c. be capacitated to Purchase Sue c. 9. That the Justices of Peace at their Sessions after Easter and Michaelmas shall appoint the Wages of Artificers and Servants Perpetuated 11 Eliz. cap. 5. 10. That Joynt-Tenants and Tenants in Common may force a Partition by Writ and either of them may have Aid of the other to deraign the Warranty Paramount as in case of Partition between Coparceners 11. That Lessees for Years as to their term only may falsifie covinous Recoveries as the Tenant of the Freehold might do at Common Law and so may Tenants by Elegit or Statute Staple and the Recoverers shall have the same Remedy for Wast and Rent as the Lessors might have had 12. That the Impropriators and other Lay-men entituled to Tithes may sue for them in the Spiritual Court and that in all cases of Appeal from a Judgment for Tithes the Appellant shall pay Costs the Adversary giving surety to refund if it be adjudged against him on the Appeal and upon the Certificate of the Ecclesiastical Judge That he has given a definitive Sentence in case of Tithes two Justices of the Peace whereof one to be of the Quorum may imprison the Party without Bail or Mainprise until he give sufficient Security to obey the Sentence and that all such Writs and Remedies as Fines Writs of Dower c. shall as well be had for Tithes as for Lands by any Person that has a Temporal Interest therein only the Suit for substraction of Tithes must still be prosecuted in the Spiritual Court 13. That the Purchaser of a Signiory or Reversion by common Recovery may distrain or avow without Attornment and that all Avowants may recover Costs and Damage if the Plaintiff be barred in his Action 14. An Act to enable Commissioners therein named to to erect Vicaridges c. 15. An Act against Idlers and Vagabonds which had it been well executed would have reformed Ireland long agone for most of the Mischiefs that have happened to that Kingdom either in War or Peace have proceeded from such loose Fellows as were punishable and might have been reformed by the Statutes against Idlers Rogues and Vagabonds And at another Sessions of this Parliament begun at Limerick the fifth of February 1541. and not 1542 as the printed Statutes make it a former Act restraining the Parliament from sitting any where but at Dublin or Tredagh or from Proroguing or Adjourning above twice or from admiting any Knight Citizen or Burgess to sit unless he were resident at the Place of
agrorum spoliatores per viam and Rape shall be punished with Death without Mercy 16. That no Man shall meddle with any Ecclesiastical Officer or Benefice but pay all their Tithe punctually and half Tithe of the Fish taken by Foreigners on the Coast 17. That Noblemen shall have but twenty Cubits or Bandles of Linnen in their Shirts Horsemen eighteen Footmen sixteen Garsons twelve Clowns ten and that none of their Shirts shall be dyed with Saffron on pain of twenty Shillings 18. That the Lord or Gentleman into whose Country a Theft is traced must trace it thence or make restitution 19. No Histriones Mummers or Players at Christmas or Easter Lastly The Earl of Ormond in the Counties of Waterford Typerary and Kilkenny and the Earl of Desmond in the rest of Munster are made Custodes Executores of these Ordinances with the Assistance of the Bishop of Cashel But we must not leave the Year 1541 Sullevan 79. until we have informed the Reader That Robert Wachop titular Archbishop of Armagh who is famous for riding Post the best of any Body in Christendom although he was blind from his Cradle did this Year introduce the Jesuites into Ireland by the Favour and Countenance of Pope Paul the third John Codur was the first of the Society that went thither and was followed by Alphonsus Salmeron Paschasius Broet and Francis Zapata and the observing Reader will easily perceive the dismal and horrible Effects of that Mission which hath ever since imbroiled Ireland even to this Day But the King to obviate the Designs of the Papacy and to assert his own Supremacy which was his Right by Common Law and was also declared and established by Act of Parliament caused all the Irish that submitted to him to renounce the Pope's Usurpations and to own the King's Supremacy by Indenture O Connor and O Dwyn or Dyn were two of the first that complied with this Form and their Example was followed by O Donel who by his Indenture of the sixth of August Lib. D. 33 Hen. 8 Covenants Quod renunciabit relinquet adnihilabit proposse suo usurpatam Authoritatem Primaciam Romani Pontiâ—icis sibi adherentes nullo modo acceptabit proteget aut defendet nec in patria sua illos aut aliquem illorum permittet sed omni industria diligentia illos quemlibet illorum expellet ejiciet eradicabit aut ad subjectionem dicti Domini Regis successorum suorum coercebit constringet Brian mac Mahon did the like the fourteenth of August And in January O Neal came to Minooth and did the same the thirteenth of May O More perfected his Indenture And on the twenty fourth of May 1542. 34 H. 8. Hugh O Kelly Abbot of Knockmoy surrendred that Abby and made his submission by Indenture in the Form aforesaid Moreover he covenanted to furnish the King with sixty Horse and a Battle of Galloglasses and sixty Kern when the Lord Deputy comes to Connaught and with twelve Horse and twenty four Kerne anywhere out of Connaught and so that Abby was granted to him during Pleasure O Rourk submitted the first of September and Mac Donel and Mac William did the like the eighteenth of May 1543. But because all these Indentures are to be found registred in the Red Book of the Privy Council of Ireland I will trouble the Reader only with the Substance of one of these Indentures by which he may easily guess at the rest HAec Indent Lib. D. fact 26. die Septembris 34 Hen. 8. inter prenobil Vir. Ant. Saintleger Jacobum Comit. Desmoniae Will. Brabazon Arm thesaur ad Guerras Subthesaur Reg. Hiberniae Johannem Travers Armig. magistr ordinatium Osborn Echingham milit mariscallum c. ex una parte Dom. Barry alias Great Barry Mac Cartymore Dom. de Rupe alias Lord Roch Mac Carthy Reagh Thadeum Mac Cormock Dom. de Musâ—ry Barry Oge alias the young Barry O Sullevan Bear suae Nation Capit. Donald O Sullevan suae Nation Primum Barry zoe alias the Red Barry Mac Donough de Allow suae Nation Capit. Donaldum O Callaghane Nationis suae primum Geraldum filium Johannis milit ex altera parte Testatur Quod predict Dominus Barry c. conveniunt concedunt consentiunt pangunt pro seipsis conjunctim divisim haered successor assignat Tenent sequacibus suis ad cum dicto Deputat c. quod tenebunt perimplebunt omnes singul Articulos conventiones pacta condiciones quae in hiis Indentur continentur ex parte eorum c. Imprimis Ipsi quilibet eor recognoscit Regiam Majestat predict haeredes successores suos Reges esse Naturalem ligeum Dom. suum illumque illos secundos post Deum honorabunt illisque obedient servient contra omnes creaturas mundi Ac suam Majestatem haeredes successores Reges acceptabunt tenebunt immediate sub Christo in terris Ecclesiae Anglicanae Hibernicanae supremum Caput illius illor locum tenent Deput vicem gerent in hoc Regno Hiberniae obedient inservient in omnibus servitium suae Majestatis haered successor Regum concernentibus Et quantum in illis conjunctim divisim aut assignat illor est vel fuit usurpator primaciam authoritatem Romani Episcopi adnihillabunt omnesque suos Fautores Adjutores Suffragatores ad sum posse illor precipitabunt abolebunt atque personas spiritual temporal quae promoventur ad ecclesiastica beneficia sive dignitat per Regiam Majestatem seu alios de jure patronos tantum absque aliqua provisione fienda dicto Episc Rom. manutenebunt supportabunt defendent ex hinc omnes singules Provisores alia Rom. pro promotione petentes confugientes apprehendent producent ad Reg. commun legem ib. judiciari rectari secundum statut ordination pro similibus casibus facta fienda The Second Covenant is To submit all their Controversies to the Determination of the Bishops of Waterford Cork and Ross the Mayors of Cork and Youghal Suffrain of Kingsale Philip Roch Esq William Walsh Esq the Dean of Cloyne or any three of them quorum Desmond to be one and the like is in other Provinces mutatis mutandis The Third is About their future Controversies to be decided by the Earl and the said Bishops or two of them quorum Desmond to be one and they may fine or amerce Wrong-doers of which Fine the King shall have one third and the Judges the rest The Fourth is That if the Case be too difficult for the Commissioners it shall be determined by Justices of Assize and no Force shall be used nor Peace broken on Pain of a Fine The Fifth is That they shall help and defend the Collectors of the King's Revenue The Sixth is To obey the Ordinances made by the Nobility and annexed to the Indenture which probably were
and was inhabited by many English but now not a Man of English Extraction to be found there and even the O Bryans tho' very near Relations were inveterate Enemies each to the other and the Country was entirely wasted and innumerable complaints of Murther Rape Burning Robbery and Sacriledge were made to the Deputy He imprisoned the Earl of Thomond and Teig Mac Murrough till they gave Bonds and Hostages of their good Behaviour he kept the Earl's Brother in Irons and made Sir Donald O Bryan Sheriff and left a Provost-Marshal and a Garrison amongst them at their Request and Charge and upon shewing them that the uncertainty of their tenures was the cause of all their Disturbances they promised to surrender their Estates and take Patents according to Law and so having appointed Commissioners to hear such of their Complaints as he had not leisure to determine and having punished some notorious Offenders and ruined the Rebellious Mac an Aspigs Bastard Sons of the Bishop of Killaloo by name Brians he went to Galway To Galway came seven of the Family of the Clandonells and after them came Mac William Eighter who could speak Latin though he couldnot speak English he submitted by Oath and Indenture and agreed to pay two Hundred and Fifty Marks per Annum for his Country besides Contribution of Men on risings out and consented the Clandonells should hold their Lands of the Queen whereupon he was Knighted and had some small Presents from the Deputy and an English Sheriff sent into his Country as he desired O Mayle also submitted as did all the rest of the County of Mayo and desired Justice and English Government being weary of the devastations made by their civil Dissentions The Town of Galway was poor and disorderly and the Country destroyed by the Earl of Clanrickard's Sons against whom infinite Complaints were made Nevertheless they had the Confidence to come unexpectedly into the Church of Galway in the time of Divine Service and upon their Knees to make their Submission and at the same time they humbly begged Pardon for their Extravagances which by Advice of the Privy-Council was granted unto them although for the present they were confined and were afterwards carried to Dublin and so the Lord Deputy having stayed three Weeks at Galway set out towards Dublin and kept Sessions in every County he marched into 1576. and setled Garrisons in all places Convenient he finished his Progress on the thirteenth day of April 1576. But the state of Affairs and the miserable Condition of Ireland are best understood from the lively Representation of them in the Lord Deputies Letters which import that the County of Louth was impoverished by the frequent passage of the Army through it but would recover if it were protected from the ill Neighbourhood of the Ferny That Meath has been harassed by O Connor and O Molloy even since their Protections but that O Reyly behaved himself well That the Kings Writ did not run in the new Baronies of West meath but he hoped it should in a little time that the County of Kildare was wasted by the O Mores and the Counties of Wexford and Caterlough are but little better that the King's County and the Queens County are harassed by Rory oge and that the Undertakers are so poor and few that two Hundred Soldiers are in Garrison there to protect them so that those Counties do not yield the Crown the twentieth part of the Charge they put it to that Kilmallock was re-edified but that Athenry was the most miserable Spectacle in the World the whole Town was burnt by the Mac an Earla's and the Church it self was not exempted from the common Ruin although the Mother of one of these Vipers was buried therein but that was so far from mitigating their Fury that the Son being told his Mother was buried in that Church replied That if she were alive he would sooner burn her and the Church together than that any English Church should fortifie there that these Mac an Earla's hated each other and yet like Herod and Pilate joined together against any third Person whom they thought to be a common Enemy That the Deputy had laid a Tax of two Thousand Pound on the Country towards the re-edifying Athenry and took from the Earl of Clanrickard the Castles of Ballyclare and Ballynislow That O Connor Dun and O Flyn submitted to him at Roscomon and their Country being destroyed desired the English Laws and Government That the whole Province of Connaught was much annoyed by the Scots whom the Mac an Earla's had brought to their Assistance That the County of Longford submitted and paid part of their Arrears and promised the rest That the Brenny was pretty quiet that he left Thomas L'estrange and Thomas Dillon Commissioners to decide Controversâ—es and Robert Damport Provost-Marshal of Connaught But if the Civil State of the Kingdom were in an ill Condition the Ecclesiastical was in a worse for there were scarce any Churches or Curates to be found Many People that never were Christned or knew any thing of God or Religion which being made known to the Queen Hooker 141. she sent a Commission to rectifie Ecclesiastical Matters and William Girald was sent over to be Lord Chancellor and Sir William Drury to be President of Munster both which arrived in June 1576. The Chancellor was immediately setled and the Deputy designed to go to Waterford to settle Drury in his Presidentship of Munster but he was diverted by the Letters received from the Bishop of Meath and Mayor of Galwey which advertised that the Sons of Clanrickard who had lately submitted with the connivance of their Father passed the Shenin changed their English for Irish Apparel sent for their Friends and the Scots and being met went to Athenry sacked the Town again and set the new Gates on Fire defaced the Queens Arms drove away some and slew others of the Masons that were building The industrious Deputy made such haste that in three days he was with them at the Report whereof the Rebels were amazed and fled to the Mountains but Clanrickard's Castles were taken and himself sent close Prisoner to Dublin though he made many Excuses but to no purpose which done the Deputy restored Castlebar to Mac William Eighter and went to Galway to comfort and secure the Townsmen and thence to Lymerick where he setled the President Drury and thence together they went to Cork where the President remained The Lord President Drury being valiant in War and diligent in times of Peace by executing Justice severely on the disobedient and by cherishing those that were Loyal brought Munster into good Order the County of Kerry only excepted which Desmond claimed to be his Palatinate Cambd. Eliz. 218. and exempt from the Presidents Jurisdiction whereby it came to be a nest of Rogues and a Sanctuary for Rebels wherefore the President resolved to break through the pretended Priviledge and to make Kerry amesnable to the Law Desmond
Portcorn that matter be likewise amended next Parliament VI. To Report to the Queen the Quality and Merit of those that have acted or suffered for her and the Quantity of the Reward fit to be given them out of the forfeited Lands and under what Covenants and Reservations and She thinks it better to give it to their younger Sons than themsevles to increase the number of Freeholders VII To the same Effect VIII To lessen or dissolve the Pensions and gratify the Parties with Portions of forfeited Lands certifying the Value and Condition of the same IX To grant no more Land to any Man than he shall be able to People X. To renew and observe the Directions to former Deputies in all things that are not contradicted hereby XI Because the Tenants of the Crown are disabled by the Rebellions of James Fitz-Morris and Desmond to pay their Arrears to let them have new Leases for the Remainder of the Terms at the old Rent the fourth Part of which shall be paid in Beeves at 9 s. a piece or Corn at the rate of Port-Corn and for the Arrearages to give Instalments or to remit part or all as you shall find requisite XII To resume by Act of Parliament or on Composition with the Parties the Demeasnes and Conveniences of Her Houses and Castles of Dublin Killmamham Athloan Caterlagh Leighlin Monasterevan c. and to annex them inseperably to the respective Castles or Houses by Act of Parliament reserving the Ancient Rent XIII To do the like by any of the forfeited Lands that lie convenient for those Castles c. XIV To preserve the Woods on any forfeited Lands near any Navigable River for her use XV. That no Man Ecclesiastical or Civil that has any Function or Office be suffer'd to be absent from his Charge above two Months without special License on pain of Forfeiture XVI To enquire with the Council what Outrages have been done since March the 25th 1583. and how redressed who of Quality are Loyal Disloyal or Suspected and to send Her an Account of the true Estate of every Province in that Realm XVII To inquire into all the Jurisdictions and Irish-Chieferies Exactions Cuttings and Spendings which the Attainted Rebels enjoyed that She may retain them or by relinquishing them manifest to Her Subjects the easiness of Her Government and their Happiness under it XVIII That Commissions do not issue for every trivial Concern and that the Allowance to Commissioners be not as great and burdensome as formerly XIX That the Establishment for Conaugh be lessened and that Richard Bingham be Chief Commissioner of Conaugh XX. To place John Norris Esquire President of Munster with the same Allowance your self had when President there XXI To make Thomas Jones Bishop of Meath Norris Bingham and Thomas L'Estrange Esquire of the Privy Council XXII To place such an Arch-Bishop at Armagh now void as you and the Council think fit XXIII To certify Quarterly the whole Expence in Ireland and what is sent hence and what is received there to defray it And afterwards additional Instructions were sent to him as followeth I. To endeavour to ease Her Majesties Charge in Victualling the Army Lib. C. by getting Victuals in Ireland and to save the charge and hazard of Transportation II. To consider how a College may be Erected and St. Patrick's Church and the Revenue thereof may be appropriated thereunto and every Diocess by Act of Parliament be made Contributary out of the Leases of Impropriations III. To Name some that may be made Lord Barons IV. In the next Parliament to revive the Impost which has been expir'd these two years V. To endeavour the getting in of the Debts due to Her Majesty VI. To Discharge such of the Pensioners or to Reward them in forfeited Lands as you shall think fit VII To Prefer the Ancient Officers and Soldiers before new Comers VIII To take off the Wards and Garison from Fernes and Iniscorthy and other unnecessary places IX To repair the Forts of Leix and Offaly at as small Charge as may be and to prevail with the Inhabitants of the Country for whose Defence they are made to provide Carriage and Labourers and to render an Account of the Condition of those Countries and the Causes of it X. To recompence Edward Waterhouse for the voluntary Surrender of his Patent for maintenance of Boats over the Sheuin such Entertainment as you and the Council shall think fit XI To suffer no Man that was in the late Rebellions of what Quality soever to keep any other Arms than Sword and Dagger XII To encourage the Loyal and protect the pardon'd People of Munster and send your best Advice how Munster may be Repeopled The Lord Deputy spent 18 days in close Consultation with the Privy Council who were the Arch-Bishop of Dublin Chancellor Earl of Ormond Treasurer the Bishops of Armagh Meath and Killmore Sir John Norris Lord President of Munster Sir Henry Wallop Treasurer of Wars Sir Nicholas Bagnall Knight Marshal Robert Gardener Chief Justice Sir Robert Dillon Chief Justice of Common Banc Sir Lucas Dillon Chief Baron Sir Nicholas White Master of the Rolls Sir Richard Bingham Chief Commissioner of Connaugh Sir Henry Cowley Sir Edward Waterhouse Sir Thomas L'Estrange Sir Edward Brabazon Jeffery Fenton Secretary of State Warham Saint Leger and Sir Valentine Brown And as soon as he understood the true State of the Kingdom and had laid down the Measures of his Government he issued a Proclamation of Oblivion and Indemnity and then he sent the Earl of Desmond's Son James into England On the 15th of July The Lord Deputy began his Progress and came to Molingar the 16th and thence sent a Cypher to the Lord Chancellor and Sir Henry Wallop to Dublin whereby they might easily Decipher and understand his Letters which would be unintelligible to the Rebels if they should happen to intercept them thence he proceeded to Connaugh where he endeavoured to reconcile all the great Men of that Country and put to Death Donogh beg O Bryan a bloody Murtherer in this Journey he converted Fryer Malachias a Malone Brother to Mac William Eughter and from Gallway he came to Limerick where he received the News that the Scots to the number of 1000. in favour of Surleboy had invaded Vlster and he also intercepted O Neals Fosterer returning out of Munster from exciting the Irish Lords and Gentlemen there to a new Rebellion but tho this Messenger upon Examination confessed his Errand yet he assured the Deputy that all those he had gone to refused to Rise as long as Sir John Perrot and the Earl of Ormond whom they deemed just Men continued in the Kingdom Hereupon the Deputy took Pledges from those he most suspected and leaving the County of Cork to the Justices Walsh and Miagh the Sheriff Sir William Stanley and the Lords Barry and Roch Limerick to the Provost Marshal Desmond to the Earl of Clancar 1584. Sir Owen O Sullevan and O Sullevan more
in the Confession was Ecclesiastical Whereupon the Attorny General Learnedly descanted upon the words Ecclesiastical and Spiritual and exposed the Knavery and Silliness of the Prisoners Equivocation and then Mr. Justice Sarsfeild pronounced the Sentence of the Law against him which nevertheless was never Executed upon him that I can find However to attone for this seeming Severity and to quiet and oblige the Irish the King issued out a Commission of Great under the Great Seal of England to confirm the Possessors of Estates in Ireland against all Claims of the Crown by Granting new Patents to them But the Irish are a People that seldom beaâ— good Fortune with any Moderation or Temper and the King and Council of England were mightily deceived when they thought that Lenity and Commissions of Grace would oblige them to Loyalty and Obedience on the contrary it always makes them think the Government weak and never fails to put them upon Action So true is that of the Poet Unguentem pungit pungentem Hibernicus Ungit And just so it happened after this Commission of Grace for on the 7th of May a Letter directed to Sir William Usher Clerk of the Council was dropt in the Council Chamber Temple 2. which discovered a Conspiracy of the Earls of Tyrone and Tyrconnel Macguire O Cahan the Lord of Delvin and almost all the Irish of Ulster to surprize the Castle of Dublin and Murder the Lord Deputy and Council and to set up for themselves Lib. C. They had sent a Baron to the Arch-Dukes to sollicite Assistance and probably had employed some Body else to Spain but as soon as they had Notice that their Plot was discovered the Earls of Tyrone and Tyrconnel and the Lord Macguire fled beyond Seas to get Spanish Aid 1607. and the rest did shift for themselves as well as they could but some were taken and executed And not long after Justice Sibthorp and Baron Eliot attended by some of the Kings Council were sent into the Counties of Donegall and Tyrone with a Commission of Oyer and Terminer and so Indictments were found against these Conspirators and all those that fled were Out-law'd thereupon But because those Earls did alledge Lib. M. that they were persecuted for Religion and had been injuriously dealt with the King on the 15th of November 1607. published a Declaration wherein he affirms That they had not their Creations or Possessions by any Lineal or any lawful Descent from Ancestors of Blood or Virtue but were for Reasons of State preferred before others of better Quality and Birth in their Countrey and Protests they had not the least shadow of Molestation nor was there any purpose of proceeding against them in Matters of Religion their Condition being to think Murder no fault Marriage of no use nor any Man valiant that does not Glory in Rapine and Oppression and therefore 't were unreasonable to trouble them for Religion before it could be perceived by their Conversation they had any and that in all Matters of Controversie they were favoured except in such Cases where they design'd to Tyrannize over their fellow Subjects that they did stir up Sedition and intestine Rebellion in the Kingdom and sent their Instruments Priests and others to make Offers to Foreign States for their Assistance And that under the Condition of being made free from English Government they resolved also to comprehend the EXTIRPATION of all those Subjects now remaining alive within that Kingdom formerly descended of English Race In December 1607. The Lord Deputy and Council sent Sir Anthony Saintleger Master of the Rolls to the Lords of the Council in England to inform them that the Omores would by next May be transplanted from Leix into Munster and that it was fit the O Connors should be so too that the Lord Delvin must be severely persecuted because frequent Pardons do encourage Irish Rebellions that his Castle of Cloghouâ—er is taken and so is his Son and himself left as desolate as a Wood Keâ—n and to desire to be instructed what to do with those that refuse the Oath of Supremacy and to inform that they have stopt the Quo Warranto's because the Corporations will submit to the Customs if their Arrears be forgiven that there is a great Propensity in the Irish at this time to Rebel and that it were fit to send over Twenty thouthousand Pounds to lye dead for such an Accident and that the King would be pleas'd to decide the great Controversie between the Earl of Kildare and Sir Robert Digby which is now ready for Sentence in the Castle-Chamber and also to represent the State of that poor Kingdom c. But notwithstanding all the Care that was taken to keep the Kingdom quiet 1608. the Hopes and Expectations of Aid from Spain easily put the Rebellious Spirits in a ferment insomuch that Sir Cahir O Doharty Proprietor of Inisowen a Gentleman of great hopes but of few years not exceeding One and twenty was by Assurances from the Earls of Tyrone and Tyrconnel of speedy and effectual Aid perswaded to begin the War his main Design was upon Derry which he surprized and burnt Sullevan 210. he also Murdered the Governor Sir George Pawlet and all the Protestants except the Bishops Wife that was ransomed he also surprized Culmore and the Magazine there Spretis centum argenti libris quibus pseudo Episcopus eos redinere Cupiebat and burnt Two thousand Heretical Books as he call'd them refusing to let them be redeem'd for an hundred pound And this Rebellion became the more formidable because it was fomented and encouraged by the Priests who affirm'd That all were Martyrs that died in the Service But for the better understanding of this matter it is necessary to inform the Reader that Queen Elizabeth finding it convenient to plant a Garison at Loghfoyle made several Attempts to that purpose but they all miscarried until Sir Henry Dockwra Landed at Kilmore or Culmore and erected a small Castle there and a Month after he took Derry without Resistance and built two Forts and a good House there but afterwards viz. Anno 1617. that place was built by the Londoners and became a fair and strong City well known by the Name of London-Derry This Sir Henry Dockwra also built the Castles of Dunalong and Lifford and afterwards assigned the Government of Derry to Sir George Pawlett a Hampshire Gentleman and the Command of Culmore to Captain Hart a Man of great Courage After Sir John O Dogharty's Death his Son Cahir shewing great Inclinations to the English and being a Youth of great hopes was not only Graced with Knighthood and made a Justice of Peace and a Commissioner in most of the Commissions that came to that Countrey but was also treated with all due Respect upon all occasions and he on the otherside contracted an intimate Friendship with the Chief of the English and particularly with Captain Hart Governour of Culmore to whose Son he was
more than 50. There were a great many Projects in England for the Plantation of Ulster 1610. but many things that seem'd speclous in the Theory were afterwards found disadvantageous or impracticable Sir Francis Bacon's Notion was signified by his Letter to the King and is to be found in his Reâ—â—scitatio pag. 255. but it is not so exact as rest of that Great Man's Works However the Lands designed for the Undertakers were this Year disposed to them and two Books of Articles were printed for their better direction and it was particularly mention'd in their Agreements That they should not suffer any Labourer that would not take the Oath of Supremacy to dwell upon their Lands But the incomparable City of London was the Soul and Life of the intended Plantation and therefore the Lords of the Council in his Majesty's behalf entred into Articles with that City the Twenty eighth day of January 1609. to this effect First That Twenty thousand Pounds be levied by the City Fifteen thousand Pounds of it to be expended in the Plantation and Five thousand Pounds in clearing and buying Private Titles Secondly That Two hundred Houses be built at Derry and room for Three hundred more and Four thousand Acres profitable Land to be laid thereto and that the Bishop and Dean shall have convenient Plots for their Houses Thirdly That a hundred Houses be erected in Colerain and room for Two hundred more and Three thousand Acres to be annexed thereto and the King to maintain a Bridge for ever Fourthly That the whole County of Colerain be cleared by the City from all Claims except three or Four Irish Free-holders and the Bishop and Dean of Derry and the City to have the whole Territories of Glancanken and Killetragh and the Patronage of Churches Fifthly That the aforesaid Four thousand and three thousand Acres pay a Fee-farm Rent of Fifty three Shillings and four Pence and be held in Free Burgage and all the rest in Common Socage Sixthly That the City shall have all Customs Tonnage Poundage c. for Ninety nine Years at Six shillings eight pence per Ann. and the Fishing of the Ban and Laghfoyl as far as it ebbs Seventhly The City to have liberty to transport Prohibited Goods growing on their own Lands and the Office of Admiralty in the Counties of Tyrconell and Colerain Eighthly That no Flax Hemp Yarn or Raw Hides be transported from Derry or Colerain without Licence of the City-Officers Ninthly That their Land be freed from all Patents of Privilege and all Compositions and Taxes Tenthly That they have the Castle of Culmore keeping a Ward in it Eleventhly That the Liberties of each Town shall extend three Miles each way and shall have such farther Liberties as shall be thought fit on view of the Charters of London Cinque-Ports Newcastle and Dublin Lastly That the King shall keep necessary Forces a convenient time and that the City shall have Seven years to make demand of any thing reasonable and necessary which cannot be now foreseen and that an Act of Parliament shall pass to ratifie these Articles and the City to build sixty Houses in Derry and forty in Colerain with sufficient Fortifications by November next and to finish all by November 1611. But afterwards on the Twenty eighth of March 1611. the Londoners finding that they could not possibly accomplish their Undertaking within the appointed time petitioned the King that they might be permitted to proceed in their Buildings at Colerain and leave alone Derry till the next Year which was granted provided they would finish Colerain that Summer and fortifie or rather inclose Derry It seems the King and Council of England resolved to proceed effectually to the Reformation of Ireland by making Laws and by putting those that were made in execution and by putting that Kingdom under a regular and methodical Government and in order to it on the twenty fourth day of June 1611. the Lord Carew was sent Commissioner to Ireland to inspect Affairs there and to endeavor to lessen the Publick Charge and to inhance the King's Revenue and to provide for a Parliament He had Five Pounds a day allow'd him from the twentieth of May and Four hundred Pounds Imprest he received in England and was to sign next to the Deputy all Orders of Council-board And tho' the Lord Deputy complain'd that the Forts of Halbowling Castle-ni-park Duncannon Gallway and the Castle of Limrick were not finish'd and repair'd and that the Londoners did not proceed to build at Derry tho' they did at Colerain and that it was necessary to keep a considerable Force in the Kingdom nevertheless the Lord Carew and Council did proceed to lessen the King's Charge 13893 l. by reforming the Army which they reduc'd to 176 Horse 1450 Foot and 123 Warders contrary to the Deputy's Opinion who was therefore traduc'd as partial to Military Men and it seems that immediately the Fort of Castle-ni-park that is the Stone-work of it was built and afterwards a Blockhouse was also erected down lower and almost level with the Water and they also setled the Customs in all parts of the Realm On the thirteenth of July 161â— the former Proclamation of the fourth of July 1605. against Titular Bishops Jesuits Friars c. was reviv'd but so faintly executed that I find mention only of the Titular Bishop of Down and four Friars to have been apprehended thereupon There were also Orders issued to tender the Oath of Supremacy to all Magistrates Justices of the Peace and other Officers and to displace those that would not take it And in August there was an Inquisition by Jury to discover the Breaches of Articles made by the Planters and Undertakers in Munster and particularly Whether any Irish contrary to the Plantation-Covenants were permitted to inhabit or dwell on the Lands granted to the Undertakers Moreover there was a general Muster of the Signiory-men or English Inhabitants on the Plantation-Lands at which no body was found so well supplied with British Tenants as Sir Richard Boyle afterwards Earl of Cork for there were mustered of his own Tenants at Tallow Eighty Horsemen One hundred eighty six Pikemen Two hundred and fifty Shot and Six Halberdiers It is observed That all the Goods and Merchandizes exported and imported this Year did not exceed the Value of 211000 l. and before this time there was so little Foreign-Trade that Seven Years Customs probably from the beginning of the King's Reign to April 1609. did amount to no more in the several Ports than as followeth viz. Â l. s. d. Seven Years Customs in Wexford 36 08 10 Ross 53 10 09 Drogheda 215 02 08 Carigfergus 399 06 07 Youghall 70 00 00 Kingsale 18 02 03 Derry Ballyshanon 35 03 10 Cork 255 11 07 Dingle 01 06 06 Waterford 716 03 07 Dublin 1890 02 01 Dundalk 65 19 06 Gallway 72 17 06 Limrick 141 09 06 Dungarvan 00 13 11 But it seems that this was only the Custom of Prohibited Goods and the
the Judges of Assize in Open Court calling to their assistance at least Four of the Justices of the Peace and that only in Cases where all the Points and Circumstances limited by the Statute in that behalf shall be proved the same to be presented by the Jury so as none of the Jurors be of the Hundred where the Fact was done XXXVII All the Nobility Undertakers and others who hold Estates or Offices in that Kingdom are to make their Personal Residence there and not to leave it without Licence such Persons only excepted as are imployed in Our Service in England or attend here by Our special Command And in the Subsidies and all other Payments towards the Charge of Our Army there all those who hold Titles of Honour and no Estates in that Kingdom are to be rated and to contribute and pay equally as the rest of the Nobility of the like Degrees that have Estates and reside in Ireland for which We will give further Order upon an Assessment to be made and transmitted to Us from you XXXVIII No Judges nor Commissioners shall grant Reprieval to notorious Malefactors but with the Advice of the Justices of the Peace of the County then assisting or a competent Number of them XXXIX Where Undertakers have built upon Glebe-lands they are to sue forth Commissions out of the Chancery or Exchequer to select Commissioners to be named by the Undertakers and the Incumbent or if the Incumbent will not agree then the Court to make choice of indifferent Commissioners who are to set an indifferent Yearly Value of the said Parcel of Glebe-land and return the same to the Court who are to order the Incumbents successively to accept of the same from the Undertakers as a Yearly Rent for the said Parcel and for other Lands recovered against the Undertakers as Church-lands the Parties grieved are to sue in the Exchequer for Abatement of their Rents proportionably XL. All Scotishmen Undertakers in Ulster and in other Places there ar to be made Free Denizens of that Our Kingdom and no Advantage for want of Denization to be taken against the Heirs or Assigns of those that be dead XLI For examining what Rectories and Impropriations are now in Lay-mens Hands out of which there have been anciently Vicarages endowed with competent Maintenance for the Vicars which now are by Laymen possessed whereby the Service of God is neglected and for Reformation of that great Abuse you are forthwith to issue Commission to some Persons of Worth and Integrity free from that Imputation to examine and reform the said Abuse And such Persons as have great Rectories whereunto there are Chapels of Ease belonging somewhere six or seven Miles distant from the Mother-Church are to be enjoyned to keep Preaching Ministers in those Parts having competent Allowance to defray the same XLII No Person against whom any Judgment or Execution hath past in Course of Common Law or Decree in Chancery upon matter of Equity is from henceforth to have any Protection granted him nor any Person flying out of England into Ireland to defraud or shun the Prosecution of his Creditors is to be sheltred or protected from the Justice of the Law under colour of being a Soldier in any of Our Companies in that Our Kingdom XLIII No Witnesses between Party and Party at Sessions or Assizes or before any Commissioners whatsoever are to be bound over to the Castle-Chamber and if Information be put in against any such then a Relator to be named who shall be thought sufficient to answer a Recompence to the Party informed against according to the Award of the Court if sufficient Ground shall not appear of the Information XLIV Soldiers accused of Capital Crimes are to be left to be proceeded withal according to the Law and the Commissions for Reforming and Restraining the Abuses and Oppressions of Soldiers such as have lately issued under Our Great Seal there are to be directed especially to Persons of Quality having Freehold and Residence in the County And such Matters as cannot be ordered by them to be especially determined by a Committee of the Judges and others of Our Council to be nominated by you of which none are to be Captains of Horse or Foot XLV The New Corporations as well as the Ancient are to be assessed towards all General Country Charges and all Impropriations and Temporal Lands of Ecclesiastical Persons shall bear equal Contributions in Publick Charges in the Country and the Towns XLVI Such of the Barony of Carbery in the County of Cork as have Assignments from Sir James Simple Knight and have not as yet past their Patents accordingly are to be admitted to take out their Grants notwithstanding Our late Dear Father's Restriction of Grants and in their Tenures they are not to be prejudiced by any Office taken since the said Assignments from Sir James Simple unless the said Office be grounded upon some ancient Patent or Office upon Record before the Date of the said Assignments Nevertheless you are to provide That by pretext of this Our Grace no new Grants be made of any Lands within that Barony that are already passed by Letters Patents to any Person whatsoever XLVII Sheriffs are not to take above Three pence Fine upon any Person for not appearing at their Leets and if they appear then to take nothing at all And to such as are once sworn to the Allegiance they are to give a Ticket and of those no Fee to be demanded afterward for Swearing of them And for such as have been heretofore or shall hereafter be sworn and cannot produce their Ticket if they take Oath that they have been once sworn then they are not to be sworn again nor pay any more Fee And the Justices of Peace are not henceforth to give any Warrant for the Collecting or Levying of any Fines whatsoever but in Publick Sessions and by Extent under the Seal of the Quarter-Sessions XLVIII For delivering Possessions upon Judgments at Common Law Decree in Chancery or other Legal Injunction the Sheriffs are not to exact or take any other Fee than is limited by the Statutes in England for like Causes and that to be Irish Money And if any Sheriff shall demand or take more he is to be proceeded against and censured for Extortion XLIX No extraordinary Warrants of Assistance toâ—ching Clandestine Marriages Christnings or Burials or any Contumacies pretended against Ecclesiastical Jurisdiction are to be issued by the Lord Deputy or any other Governors nor executed Nor are the Clergy to be permitted to keep any private Prisons of their own for these Causes but the Delinquents in that kind are henceforth to be committed to Our Publick Gaols and that by Our Officers according to the Ordinary Proceeding of the same And all unlawful Exactions taken by the Clergy are to be reformed and regulated by the Commission there before mentioned L. If any Person shall be Outlawed upon an Action of Debt and thereupon a Seisure issued or a Custodium
therefore We expected at least Thanks for such Our inclination For the Danger to Our Person We conceive it necessary and worthy of a King to adventure his Life to preserve his Kingdom neither can it be imagined That We will sit still and suffer Our Kingdoms to be lost and Our good Protestant Subjects to be Massacred without exposing Our own Person to the utmost hazard for their Relief and Preservation Our Life when it was most Pleasant being nothing so precious to Us as it is and shall be to govern and preserve Our People with Honour and Justice For any Encouragement to the Rebels because of the Reports they raised We cannot conceive that the Rebels are capable of a greater Terror than by the Presence of their Lawful King in the Head of an Army Besides it will be an unspeakable advantage to them if any Reports of theirs could hinder Us from doing any thing which were fit for Us to do if such Reports were not raised This would quickly teach them in this jealous Age to prevent by such Reports any other Persons coming against them whom they had no Mind should be employed We marvel that the Adventurers whose advantage was a principal Motive next the Reason before mentioned to Us should so much mistake Our Purpose whose interest We conceive must be much improved by the Expedition We hope by Gods Blessing to use in this Service this being the most probable way for the speedy Conquest of the Rebels and their Lands are sufficiently secured by Act of Parliament We think not Our Self kindly used That the Addition of so few Men to your Levies for a Guard to Our Person in Ireland should be thought fit for your refusal and much more that having used so many Cautions in that Message both in the smalness of the number in Our having raised none until your Answer In their being so raised only near their place of Shipping in their being there to be Armed and that not till they were ready to be Shipped In the Provision by the Oaths that none of them should be Papists all which appears sufficient to destroy all Grounds of jealousie of any force intended by them in opposition to the Parliament or favour to any Malignant Party any suspition should notwithstanding be grounded upon it Neither can it be understood That when We recommended the managing of that War to you that We intended to exclude Our Self or not to be concerned in your Counsels That if we found any expedient which in Our Conscience or Understanding We thought necessary for that great Work We might not put it in Practice We look upon you as Our great Council whose Advice We always have and will with great Regard and Deliberation weigh and consider But We look upon Our Self as neither deprived of Our Royal understanding or devested of any Right We had if there were no Parliament sitting We called you together by Our own Writ and Authority without which you could not have met to give Us faithful Counsel about Our great Affairs But We resigned not up Our own Interest and Freedom We never subjected Our Self to your absolute Determination We have always weighed your Counsels as proceeding from a Body entrusted by Us And when We have dissented from You We have returned You the Reasons which have prevailed with Our Conscience and Understanding with that Candor as a Prince should use towards his Subjects And that Affection which a Father caâ—â—xpress to his Children What Application hath been used to rectiâ—ie ouâ—â—â—derstanding by Reason or what Motives have been given to perswade our Affections We leave all the World to judge And then We must tell you howsoever a Major part may bind you in Matter of Opinion We hold our Self and We are sure the Law and Constitution of the Kingdom hath always held the same as Free to dissent till our Reason be convinced for the General good as if you delivered no Opinion For our Journey it Self The Circumstances of your Petition are such as We know not well what Answer to return or whether We are best to give any That part which pretends to carry Reason with it doth no way satisâ—ie Us The other which is rather Reprehension and Menace than Advice cannot stagger Us. Our Answer therefore is That We shall be very glad to find the work of Ireland so easie as you seem to think it which did not so appear by any thing known to Us when We sent our Message And tho We will never refuse or be unwilling to venture our Person for the good and safety of our People We are not so weary of our Life to hazard it impertinently and therefore since you seem to have received Advertisement of some late and great Successes in that Kingdom We will stay some time to see the event of those and not pursue this resolution till We have given you a second Notice But if We find the miserable Condition of our poor Subjects of that Kingdom be not speedily relieved We will with Gods assistance Visit with Succours as our particular Credit and Interest can supply Us with if you refuse to joyn with Us. And We doubt not but the Leagues We shall make in which We will observe punctually the former and all other Cautions as may best prevent all Fears and Jealousies and to use no Power but what is legal will be so much to the Satisfaction of our Subjects as no Person will dare presume to resist our Commands and if they should at their Perâ—l In the mean time We hope our forwardness so remarkable to that Service shall be notorious to all the World and that all Scandals laid on us in that business shall be clearly wiped away We were so careful that our Journey into Ireland should not interrupt the Proceedings of Parliament nor deprive our Subjects of any Acts of Justice or further Acts of Grace for the real benefit of our People that We made Free offer of leaving such Power behind as should not only be necessary for the Peace and Safty of that Kingdom but fully provide for the happy Progress of the Parliament And therefore We cannot but wonder since such Power hath been always left here by Commission for the Goverment of this Kingdom when our Progenitors have been out of the same during the sitting of Parliament And since your selves desired that such a Power might be left here by Us at our last going into Scotland What Law of the Land have ye now found to dispense with you from submitting to such Authority legally derived from Us in our absence and to enable you to Govern this Kingdom by your own meer Authority For our Return towards London We have given you so full an Answer in our late Declaration and in Answer to your Petition presented to Us at York the Twenty sixth of March last That We know not what to add If you will not provide for our Security with you nor agree to remove to
Warrant from Mr. Nicholas Plunket And on the Fourteenth of November they nam'd their Supreme Council viz. LEINSTER Archbishop of Dublin jurat Viscount Gormanstown jurat Viscount Mountgarret jur resid Nicholas Plunket jur resid Richard Beling jur resident James Cusack jur resid CONAUGH Archbishop of Tuam jur Viscount Mayo Bishop of Clonfert jur resid Sir Lucas Dillon jur Patrick Darcy jur resident Jeofry Brown jur resident MUNSTER Viscount Roch jur resid Sir Daniel O Bryan Edmond Fitzmorris jur Doctor Fennell jur Robert Lambart jur resid Geo. Comyn jur ULSTER Archbishop of Armagh jur resid Bishop of Down jur resid Philip O Reyly jur resid Colonel Mac Mahon jur Ever Macgenis jur Tirlagh O Neal. They also appointed Provincial Councils and ordered That the Supreme Council may authorise One or more to sollicit Aid of Foreign Princes to advance this Common and Holy Cause and may give them Instructions And on the Fifteenth of November they appointed the Lord Mountgarret to be president and Richard Shea to be Clerk of the Supreme Council And that the Officers of the Army calling to their Assistance one or more of each Province should concert the Measures of carrying on the War And that the Supreme Council shall send an Agent to the King to inform Him of the Motives and Causes of this Holy War and of the Grievances of the Kingdom And they appoint Sir Richard Barmwall Muster-master General and order Four thousand Pounds in Money to be new Coined And on the Sixteenth of November they ordered 31700 Men to be raised in the following Counties whereof 5300 Foot and 520 Horse were to go to the Army and the rest to be for the Defence of the Country and the Garisons viz. Â Â Â Foot Horse West-Meath 3000 whereof for the Army 500 50 Meath 3000 Â 500 50 Kildare 3000 Â 500 50 Wexford 3000 Â 500 50 Kings County 2800 Â 500 30 Queens County 2400 Â 400 40 Wickloe 2400 Â 400 40 Dublin 2000 Â 300 50 Kilkenny City 3000 Â 500 50 Louth 1700 Â 300 20 Longford 3000 Â 500 50 Catherlogh 2400 Â 400 40 Â 31700 Â 5300 520 And on the Nineteenth of November they order'd That the King's Revenue be duly gathered up for the making a Common Stock for the Use of the Kingdom And on the Twentieth they appointed the Lord Brittas John Kelly John Baggot James Darcy Maurice Fitzharris and Maurice Baggot a Committee to enquire after Protestants Goods and Lands in the County of Limerick And on the 21th day James Cusack who before the Rebellion was one of the King's Council and Clerk to the Commission of Grace was appointed Attorney-General And it was ordered That Soldiers be Cessed on all Persons and Places that are refractory in paying their Quotâ— of the Contribution and that every Burgess shall have Five shillings per diem and every Knight of a Shire Ten shillings per diem during the Assembly and for Ten days before and after it and that the Earl of Castlehaven devise an Order of Knighthood concerning the Honor of St. Patrick and the Glory of the Kingdom And so on the Ninth of January this Assembly was Dissolved leaving the Government in the Hands of The Supreme Council who notwithstanding his Majesty's Proclamation of 1 January 1641. under His own Signet to the contrary acted as a SEPARATE STATE and contrary to their own Oath of Maintaining the King's Prerogative and their Pretence of taking Arms for it they usurped all the King's Prerogatives even to that of Coining Money and sending Ambassadors to Foreign Princes and to the Granting of Letters of Mart and Reprisalâ— whereof the Reader may see a Precedent Burlace pag. 97. And thus Matters â—ood in Ireland in the Year 1642. In the close of the last Year we left our small Army near Ross 1643. which tho' Victorious was nevertheless in a sad Condition being meanly â—â—oatlied in Fed and worse Paid so that tho' the Lords Justices and Council did send a pressing Letter to the Lieutenant General to keep the Army abroad because there was no Subsistence for them in Dublin and the better to enable him thereunto they sent him Six thousand Pound of Bisket and Ten Barrels of Powder and the like quantity of Match and Musket Bullet yet the Wants of the Army were so great in all manner of Necessaries that it was impossible to keep the Field and therefore they returned to Dublin It is one of the most difficult things in the World to keep an ill-paid Army in exact Discipline for the Soldier that is denied his Due will expect a Connivance upon any Extortion that is less than Equivalent to his Pay and from one Degree it passes to another till it Centers in Licentiousness and thus it happened in Dublin the Officers at first winked at the little Rapines of the Soldiers till at length they openly plundered the Markets but this was the way to spoil all and by discouraging the Market Folks to starve themselves therefore it was strictly prohibited by a severe Proclamation and some Offenders were made Examples whereupon many of the Officers of the Army on the Fourth of April 1643 presented the Government with a very bold and threatning Remonstrance quod vide Appendix 20. which they say was another Cause of the ensuing Cessation But General Preston having again besieged Ballynakill Colonel Crawford on the Eleventh of April marched from Dublin with Thirteen hundred Foot and One hundred and thirty Horse to raise that Siege but he could not perform it and so that place was surrendred But I should have mentioned that the Lords Justices and Council to prevent any Peace or Cessation with the Irish did send His Majesty a most excellent Letter of the Sixteenth of March 1642. recited at large here Appendix 4. which it seems was not well relished at Court for not long after Sir William Parsons who was a great Promoter of that Letter was removed and thereupon accused of Treasonable misdemeanours by Major Butler and Sir Francis Warren but there being more of Malice than Truth in that Impeachment it came to nothing however Sir JOHN BURLACE and Sir HENRY TICHBURNE were Sworn Lords Justices on the Twelfth of May and on the Twenty fifth of the same Month the Pope sent over his Bull of Indulgence to the Confederates which is to be found here Appendix 15 and was published by the Irish even after the Cessation was concluded But the Lords Justices and Council were tyred in contriving ways to support the Soldiery and at length they thought upon an Excise and by their proclamation of the Twenty fourth day of June imposed it for Six Months unless other relief for the Army should be sent in the mean time This Excise was exceeding high amounting to half the value of the Commodity in lieu whereof the Retailer was permitted to advance his Price a Moiety more than
Orrery Charles Earl of Montrath were appointed Lords Justices And the Lord Chancellor and Earl of Montrath were sworn on the 31 st day of December 1660. as the Earl of Orrery also was on the 17 th of January following Their Instructions were very short and to this effect 1. To read their Commission and Swear those Named for Privy-Councellors 2. To appoint Sheriffs and Justices of Peace by Advice of the Council and to Open the Courts of Justice 3. To promote Peace and Quietness as well in the Army as elsewhere and to hinder any Prejudice to His Majesty 4. To do what they could to encrease the Revenue and advance the Publick Service 5. To prepare such Bills as shall be thought by them and the Council to be for the good of the People and to transmit them to England pursuant to Poyning's Law in order to a Parliament 6. To reduce the King's Concessions to the Commissioners of the General Convention of Ireland into Bills to Pass next Parliament 7. To send over Names of fit Commissioners to Execute His Majesties Declaration for the Settlement of that Kingdom Lastly To cause the Oaths of Allegiance and Supremacy to be taken by all His Majesties Leige-Subjects of that Kingdom and to proceed according to Law against those that refuse And on the 27 th of January 1660. Dr. Michael Boyle now Lord Primate of all Ireland and Eleven others were Consecrated Bishops in St. Patrick's Church in Dublin with great Ceremony and Formality which I the rather mention because so numerous an Ordination of Bishops in one Day hath rarely if ever been heard of either before or since On the 8 th of May a Parliament was Summoned and Dr. Bramhall Arch-Bishop of Armagh was Speaker of the House of Lords as Sir Audley Mervin was of the House of Commons This Parliament as a Testimony of their Gratitude and Affection to the Duke of Ormond did present his Grace with a Gift of 30000 l. and when the Lords-Justices and Council understood that His Majesty on the 4 th of October 1661. had appointed the Duke of Ormond to be Lord Lieutenant of Ireland they ordered all publick Expressions of Joy to be made in Dublin upon that happy Occasion On January the 14 th 1661. the Lord Chancellor and Earl of Orrery were Sworn Lords Justices on the Death of the Earl of Montrath which happened the 18 th of October And on the 30 th of April 1662 they Published an Indulgence to Dissenters and continued in the Government until the 28 th of July 1662. at which time James Duke of Ormond was sworn Lord Lieutenant But the Session of Parliament begun the 17 th of April and on the 15 th of September the Bill of Settlement passed into an Act in the Parliament of Ireland by which Act and the rest of the Statutes passed that Parliament the King received more profit than all his Predecessors ever got out of that Kingdom This Bill had been exposed to the View and Scrutiny of the Irish and their Council for six Months together and altho they do so very confidently Clamour that they were never heard yet all that they could say was heard and debated even with Favour to them they had Agents there to whom they allowed three Pence per Acre for that purpose and every word in the Bill was Expung'd to which they had any just Exceptionl and at length the matter was determined by the King and Council and the following Order was made At the COURT at WHITE-HALL The 14th of March 1661. Present The Kings Most Excellent Majesty His R. H. the Duke of York Lord Chancellor Lord Privy-Seal Lord Duke of Ormond Lord Marquiss of Dorchester Lord Chamberlin Earl of Northumberland Earl of Norwich Earl of St. Alban Earl of Anglesey Earl of Carlisle Lord Seymore Lord Hatton Lord Holles Lord Ashley Mr. Trear Mr. Comptroller Mr. Vice-Chamberlain Mr. Secretary Nicholas Mr. Secretary Morrice THis day Mr. Sollicitor General making Report to His Majesty in Council from the Committee of this Board for the Affairs of Ireland upon Consideration of several Papers presented to the Board by Sir Nicholas Pluncket in the behalf of some of the Roman Catholicks of Ireland concerned in His Majesties Declaration according to an Order of the 12 th of this Instant That after the Committee had debated the said Papers the Commissioners from the Council and the Parliament of Ireland were called in and heard and presented to the Committee several Papers See them Appendix 40. viz. Instructions given by the Supreme Council and others of the Lords Spiritual and Temporal and the Commons of the Confederate Catholicks of Ireland to be observed by the Bp. of Fearnes and Nicholas Plunket Esq in the Court of Rome bearing date the 18 th of January 1647. and a Draught of Instructions to France and Spain and a Copy of the Excommunication Published at James-Town and that all the said Papers being read and the said Commissioners being withdrawn and the Committee then calling in the said Sir Nicholas Plunket and asking him whether the Signature of the Instructions to Rome by Command of the General Assembly were his Hand-writing and whether the Draught of the Instructions to France and Spain were his Writing also He acknowledged in the Presence of the Committee that they were and that hereupon it was the humble Opinion of the Committe that the Bill for the Common Settlement of that Kingdom should not be retarded but proceeded upon with all possible Expedition It was upon consideration of the said Report Ordered that in regard the said Romish Catholicks have been already several times fully heard at this Board as to the said Bill of Settlement no more Petitions or further Addresses be required or admitted from them for obstructing the same but the engrossing thereof be proceeded upon without any further delay according as the same is already prepà red and also that Mr. Sollicitor General do send all the Provisoes already allowed of by the said Committee to be likewise Engrossed And it is further Ordered That the Clerk of the Council attending do not only signify His Majesties Pleasure unto the said Sir Nicholas Pluncket that he do for bear coming into or appearing in His Majesties Presence or Court but also give Notice of this Order to the Committees imployed from the said Council and Parliament to be by them transmitted into Ireland Copia Vera Edw. Walker The Act of Settlement thus past there was a Court of Claims erected to adjudge Qualifications of Innocency and Nocency The Period for this Purpose was in Favour of the Nominees who were to attend till Innocents were first restored and by consent of the Irish Agents appointed by the Kings Declaration to be the 2 d of May 1661. but the Irish Parliament enlarged the time to the first of August 1662. and afterwards prolong'd it father to the 22 d of July 1663. And so the Commissioners viz. Sir Richard Rainsford Sir Thomas Beverly
compared with the Certificates here Also prevent the abuse in Coyning Vending annd Vttering small Moneys 14thly Endeavour to bring all to a Conformity in the Religion by Law Established and acquaint us with what difficulties you meet with therein 15thly Inspect our Forts Castles Magazines and Stores and endeavour to make Salt-Petre 16thly We are informed That small Profit hath heretofore come to our Exchequer by Castle-Chamber Fines tho Misdemeanors proper for punishment in that Court were many we would therefore have you look into the reasons thereof and to resettle and uphold the Honour and Jurisdiction of that Court for the repressing exorbitant Offences wherein our Learned Council are to do their Duty faithfully 17thly The Vice-Treasurer or his Deputy to receive all Money 18thly Reduce the Moneys there to the condition of Sterling and establish a Mint there 19thly Finding some Propositions of the Duke of Ormond recorded in the Register of Council-Causes 1662. fit to be observed we have renewed them with reference to your Government therefore observe them Lastly Several Popish Clergy since the return of the Duke of Ormond hither have exerâ—â—ed their Jurisdictions to the great grief of the Remonstrants If so execute the Laws against the Titular Archbishops Bishops and Vicar-Generals that have threatned or excommunicated the Remonstrants and that you protect such Remonstrants as have not withdrawn their Subscriptions These were the publick Instructions but the Administration of the Government seem'd to have another Foundation for now the Mystery of Iniquity began to appear and the Papists were publickly countenanc'd and indulg'd in Ireland many of them got into the Commission of the Peace and it was attempted also to bring them into the Army but Matters not running so smoothly as the Lord Lieutenant expected he returned to England for new Instructions and left the Government in the Hands of the Lord Chancellor and Sir Arthur Forbus Lords Justices who were Sworn on the 12 th of June and continued in that Office until his Excellency's return which was on the 23 d day of September 1671. In the mean time on the 21 st of February 1670. Collonel Richard Talbot Petitioned His Majesty in the behalf of His most distressed Subjects of Ireland who were outed of their Estates by the late Vsurped Powers which Petition was referr'd to a Committe of the Council to Examine and Report and a State of their Case was given to the Committee in Writing Whereupon on the 28 th of January the Kings Solicitor attended the Committe at the Council-Chamber His Majesty being present and there the Petition and Talbot's Commission from the Irish the State of their Case and the Paper of Instances were read On the 1 st of February the King being present Sir George Lane was call'd in and the first Instance being the Case of Mr. Hore was objected against him but Sir George baffled the Petitioners in that Matter and having prov'd an Agreement with Mr. Hore which His Majesty was pleased to say He remembred That Affair was clear'd to the satisfaction of the King and the Committee much contrary to the Expectation of the Petitioners who perhaps had prevail'd with the King to be there that he might be an Ear-witness of the Wrong that was done them But the King being weary of such Debates did on the 4 th of February in Council appoint the Lords Buckingham Anglesy Hollis and Ashley and Secretary Trevor or any three of them to be a Committee to Peruse and Revise all the Papers and Writings concerning the Settlement of Ireland from the first to the last and to take an Abstract of the State thereof in Writing And accordingly on the 12 th of June 1671. they made their Report at large which was the Foundation of a Commission dated the 1 st of August 1671. under the great Seal to Prince Rupert the Dukes of Buckingham and Lauderdale Earl of Anglesy Lords Ashley and Hollis Sir John Trevor and Sir Thomas Chichly to Inspect the Settlement of Ireland and all Proceedings from first to last in Order thereunto And this was followed by another Commission of the 17 th of January 1672. to Prince Rupert Earl of Shaftsbury the Lord Treasurer Clifford and others amongst whom the Dukes of Ormond was one to inspect the Affairs of Ireland viz. the Acts of Settlement and Explanation and the Execution of them and the disposing of Forfeited Lands and the State of His Majesties Revenue c. But how specious soever the Pretences were for these Commissions the secret Design was to unravel the Settlement and to humble the Duke of Ormond upon whom they always fell when the Popish Interest prevailed for otherwise the pretended Grievances if they had been really true were few and small and it were much better for the publick That even greater Irregularities than were complain'd of should remain unremedied than that the great and common Security of the Nation should be shaken And of this Opinion was the Parliament of England who always concern'd themselves effectually for the English Interest and the Protestant Religion in Ireland and accordingly on the 9th day of March 1673 they Address'd to His Majesty as followeth And this Address occasion'd that the aforesaid Commission of Inspection was Superseded on the 2d of July 1673. WE Your Majesties most Loyal Subjects the Commons in this Present Parliament Assembled taking into Consideration the great Calamities which have formerly befallen Your Majesties Subjects of the Kingdom of Ireland from the Popish Recausants there who for the most part are profest Enemies to the Protestant Religion and the English Interest and how they make use of Your Majesties Gracious Disposition and Clemency are at this time grown more Insolent and Presumptuous than formerly to the apparent Danger of that Kingdom and Your Majesties Protestant Subjects there the consequence whereof may likewise prove very fatal to this Your Majesties Kingdom of England if not timely prevented And having seriously weighed what Remedies may be most properly applied to those growing Distempers do in all Humility present Your Majesty with these our Petitions 1. That for the Establishment and Quieting the possessions of Your Majesties Subjects in that Kingdom Your Majesty would be pleased to maintain the Act of Settlement and Explanatory Act thereupon and to recall the Commission of Enquiry into Irish Affairs bearing date the 17 th of January last as containing many new and extraordinary Powers not only to the Prejudice of particular Persons whose Estates and Titles are thereby made liable to be questioned but in a manner to the overthrow of the Acts of Settlement and if pursued may be the occasion of great Charge and Attendance to many of Your Subjects in Ireland and shake the Peace and Security of the whole 2. That Your Majesty would give order that no Papist be either continued or hereafter admitted to be Judges Justices of the Peace Sheriffs Coroners or Mayors Sovereigns or Portreeves in that Kingdom 3. That the Titular Popish Archbishops
observe That it was a constant Rule with him ever since his coming to the Government in the year 1662. to order the Muster-Master to check the Pay of every Officer and Soldier that did not produce a Certificate of taking the Sacrament twice a year On the 2d of December Circular Letters were sent to the Justices of Peace to make a strict search after the Titular Bishops and Regular Clergy that did not transport themselves according to the Proclamation of the 16th of October and on the 12th of December a Proclamamation issued to quicken the Justices of Peace in searching for Arms c. On the 13th of December issued a Proclamation taking notice of a Letter scattered in the Streets of Dublin intimating a Conspiracy against the Life of the Lord-Lieutenant and promising Protection and Reward of 200 l. to the Discoverer and at length one Jepson a young man newly perverted and two Priests his Abettors were taken and imprison'd for the Fact In the mean time the Lord-Lieutenant took great care to revive the Militia and to Discipline Arm and Array them And on the 26 th of March 1679. there issued a Proclamation to seize the nearest Relations of Tories and to imprison them until such Tories are killed or taken and to apprehend the Popish Priests of every Parish respectively and transport them beyond Seas unless within fourteen days after any Robbery or Murther committed the Criminals be taken killed or discovered And on the same day a Reward of 10 l. for taking a Jesuit or Titular-Bishop was promised by Proclamation And not long afterwards the Lord-Lieutenant and Council by their Letter ordered the Popish Inhabitants to be removed from Galloway Limerick Waterford Clonmell Kilkenny and Droghedagh except some few Trading Merchants Artificers and others necessary for the said Towns and Garisons and by vertue thereof many were expelled but by the stupidity of the Protestants and at their request and upon their Security the Papists were readmitted into those Towns Some time before this there was a great blow given to Popery by the Conversion of Dr. Andrew Sall a Learned and a Pious Man He had been a Jesuit of the Fourth Vow and in great esteem amongst that Party He was afterwards made one of the King's Chaplains and continued a good Protestant till his death On the 3 d of April 1680. the Earl of Anglesey wrote to the Lord-Lieutenant That Hetherington is sent over to Ireland to make good his Information if he can and that it is His Majesty's absolute and unalterable pleasure advised by all the Council to have every individual of the Popish Clergy seized and imprisoned till they petition to be sent over Seas and promise never to return or practice against the State for there is no other way to cure their Madness And that there are those in England that will undertake to apprehend them all To which His Excellency on the 17 th of April returned this Answer That above a year ago two Proclamations did issue against the Popish Clergy with promise of Rewards to those that should apprehend them and that if any in England will undertake it they shall have the promised Reward and his Thanks besides And that to tell him of the insolent Deportment and signal Perfidy of the Popish Clergy of Ireland is to preach to him that there is pain in the Gout and protests That he would rather be rid of Them than of that Disease And for his farther sense of them refers to a Letter of his printed near the end of P. W. ' s Remonstrance In May 1682. His Excellency went to England leaving his Son the Ear of Arran Lord Deputy until his return which happened in August 1684. On the 14th of March 1683. issued a Commission of Grace to the Chief Governour Chancellor High-Treasurer Chancellor of the Exchequer the three Chief Judges Master of the Rolls Secretary of State the second Justice of the Kings-Bench and the two Barons of the Exchequer to grant His Majesty's Title to those that were in possession and to grant Mannors and other Privileges for a reasonable Fine c. and by vertue hereof a Court called the Court of Grace sate at the King's-Inns which at length dissolved by the death of the King which happened on the 6th day of February 1684. As soon as the News of the King's death arrived at Dublin the Duke of Ormond summoned the Council and the next day they proclaimed King James II. great Solemnity but with such dismal Countenances and so much Concern as if they had that day foreseen as many did the Infelicity and Misfortune of the following Reign The Irish are generally a People that bear Adversity better than Prosperity In Tribulation they have shewn some Fortitude and Patience but they never met with the Smiles of Fortune without Transportation and Extacy and upon this extraordinary occasion they grew so extravagant and wild that I dare â—ver That the Irish in the short Reign of King James did commit more Insolencies on the English than These did on Them in 500 years before The Instances of this sort are innumberable and the Circumstances almost incredible It would be too tedious to enumerate the particular Batteries Perjuries Affronts and Murthers and therefore I will confine my self to Generals and of that sort was The desertion of their Cabbins by the Irish for several months together under pretence of a fear of being murdered by the English and this was done throughout the Kingdom and in many Parishes where there were few or no English to be afraid of and the design of all this was to get the English disarm'd and to usher in a practice which was as general viz. Of impeaching the English for assembling together in the night-time And although the Perjuries in this Affair were so notorious that the very Promoters of this Design were asham'd of it yet near 3000 were indicted of this Offence and for Treasonable Words and the like in one Vacation and especially in the County of Tipperary and if the Courage and Integrity of Sir John Mead had not â—topped their Career there the Consequence of this Trick had been fatal to the English of that County and as it was it did them a great deal of harm And in the County of Cork Major Lawless a waspish and inveterate Fellow was the grand Prosecutor but he having more Malice than Wit managed the matter with such rashness and unbecoming vehemence as expos'd him to the Censure even of his own Party And besides a thousand other severities he did to the English he caused Sir Emanuel Moore Edward Rigs Esq and thirty-three Protestants more to be indicted and tried for High-Treason although he had nothing at all to say against the first but that he was a Protestant nor any more to object against the second but that he should say That he had a good Estate in England and if he could not live quietly in Ireland he would go thither However he was so
angry at the Sitting of the Parliament and the Courts of Justice and have overturn'd all Laws and plucked them up by the Roots should yet keep such a stir about Fundamental Laws or that they should think themselves genuine Members of Parliament which is a Court of Peace and Order who have rent asunder all Bonds of Peace Order and Humane Society can they imagine that because they will Rebel we must have no Courts of Justice will nothing satisfy them but an universal concurrence in Confusion and is it because they are guilty of so many crimes themselves that they take liberty to speak evil of all others If this be the Liberty they Fight for certainly they espouse a very bad cause however it is better than Liberty of extirpating the Protestants which is what they really aimed at But they have no reason to complain of the Protestant Members of Parliaments either of his Majesties or his Fathers time they have Repealed many Acts that were prejudicial to the Natives but never made any that were so Are not the Persons they complain to have been Indicted in the King's Bench guilty of the Crimes they are accused of Have not those Soldiers that were Jurors Free-hold in the proper Counties and are they not capable to be Jurors according to Law These Remonstrants cannot deny these things and that their Rebellion forced these Gentlemen to be Soldiers and yet they complain as if it were unjust and a grievance But the allegation that any body under Protection or the Publick Faith was tryed for his Life is not true nor can they instance one and their Protestation against the Proceedings of Parliament is frivilous and vain And their desire to have a New which they call a Free Parliament whereunto they may be chose hath infinite inconveniences in it for then these Criminals will be acquitted and manage the most weighty affairs and either exclude or outvote the Loyal Protestant Subjects which have stuck by the Crown in this time of danger But the truth is that the Rebels have Murdered and Banished so many of the Protestant Free-holders and Inhabitants of Corporations that there can be very few if any Protestants in a new Parliament at this time whereby it would happen that what Protestants are left undevoured by the Sword ☜ should be destroyed by colour of Justice pursuant to their Oath of Confederacy And as to the place Dublin wants no other convenience but that of giving opportunity to Awe or Surprize the Chief Governour and the Members of Parliament and as to the Person that Nation doth not yield a Person of more honour and fortune than the present Lord Lieutenant the Marquess of Ormond And as to Poynings Act the Repeal or Suspension of it is desired to deprive the King of the Advice of his Privy Councils of England and Ireland and if it were done perhaps they would without his Majesties Knowledge transfer the Spiritual half of his Sovereignty to the Pope and attaint his Protestant Subjects and establish their Supream Council and alter the very form of Government but to be sure they would acquit themselves and deprive his Majesty of all the Forfeitures belonging to him by their attainders and therefore it is unfit at this time by suspending that Act to make such criminous Parties their own Judges Lastly These Remonstrants who so loudly clamour against others have nevertheless violated their own Publick Faith ☜ in breach of their Articles of the Cessation by taking and detaining several Places and Estates they were to restore by that agreement and by not paying any part of 30800 l. payable by those Articles at the time stipulated and in not paying above half of it yet to the Ruine of the Army that wanted it and depended upon it Appendix VII The Substance of the Lord Macguires Examination HE Saith Burlace Appendix 2 this Examination at large That the Inhabitants of Lainster were first engaged in the Rebellion and that Mr. Roger Moor first moved it to him that the design was to maintain their Religion and recover their Estates that the Lord of Mayo was in the First Conspiracy that they sent to consult the Irish in Spain and Flanders and received assurance of their assistance that the Earl of Tyrone sent them a Message that Cardinal Richlieu had promised him Aid and they sent him word that they would rise Twelve or Fourteen days before Alhollontide that the Gentry of the Pale were very loath that any of the Irish Army should be sent to Spain and opposed what they could in both Houses and had several consultations about that and to prepare for an Insurrection and that Colonel Plunket and the rest that were to carry Four Thousand Men to Spain proposed to Seize the Castle of Dublin with those Men and consulted with the Lord Macguire about it That the Lord Gormanstown was acquainted with the Plot and consented to it that the 5 th of October was the First day appointed and because all were not then ready it was changed to the 23 d. That Owen Roe had his Agent Captain Brian O Neal to promote the Conspiracy that they were all to rise on the same day that Mr. Moor and the Lord Macguire and the Colonels Plunket and Birne were with Two Hundred Men to Seize the Castle of Dublin and Sir Philem O Neale was to Surprize Londonderry and Sir Henry O Neale was to do the like to Carigfergus and Sir Con mac genis was to Seize the Newry and all were to carry it fair to the Scots till the business should be secure That Captain Con O Neal came to Dublin with fresh assurance of assistance from Owen Roe and Cardinal Richlieu and that but Eighty of the Two Hundred were come to Dublin the 22 th and therefore they intended to defer their Attempt until the Afternoon of the next day Appendix VIII The Lord of Gormanstown's Commission By the Lords Justices and Council William Parsons John Borlase Right trusty and well-beloved We greet you well WHereas divers most disloyal and malignant Persons within this Kingdom have tratierously conspired against His Majesty his Peace Crown and Dignity and many of them in execution of their Conspiracy are traiterously assembled together In a Warlike manner and have most inhumanly made Destruction and Devastation of the Persons and Estates of divers of His Majesties good and loyal Subjects of this Kingdom and taken slain and imprisoned great Numbers of them We out of our Care and Zeal for the common good being desirous by all means to suppress the said Treasons and Traitors and to conserve the Persons and Fortunes of His Majesties loving Subjects here in Safety and to prevent the further Spoil and Devastation of His Majesties good People here do therefore hereby require and authorize you to Levy Raise and Assemble all every and any the Forces as well Footmen as Horsemen within the County of Meath giving you hereby the Command in chief of all the
any of them shall joyn with us in this Act following J. A. B. Do in the Presence of Almighty God and all the Angels and Saints in Heaven and by the Contents of this Bible promise vow swear and protest to bear Faith and true Allegiance to Our Soveraign Lord King Charles and the Heirs and Successors of His Body begotten and will defend Him and Them as far as I may with my Life Power and Estate against all Persons that shall attempt any thing against His or Their Persons Honours Estates or Dignities and that I will in exposing my Self Power and Estate joyn with the Irish Army or any other to recover His Royal Prerogatives forcibly wrested from him by the Puritans in the Houses of Parliament in England and to maintain the same against all others that shall directly or indirectly endeavour to suppress or do any Act contrary to real Government as also to maintain Episcopal Jurisdictions and the Lawfulness thereof in the Church-Power Priviledges of Prelates the lawful Rights and Priviledges of the Subjects and I will do no Act or thing directly or indictly to prejudice the Publick Exercise of the Roman Catholick Religion in any of His Majesties Dominions and that I will joyn with and be assisting to the Members in the Common-weal for Redresses to be had of the Grievances and Pressures thereof in such Manner and Form as shall be thought fit by a lawful Parliament and to my Power as far as I may ☜ I will oppose and bring to condign Punishment even to the loss of Life and Liberty and Estate all such as shall either by Force or Practice Councels Plots Conspiracies or otherwise do or attempt any thing to the contrary of any Article clause or thing in this present Oath Vow and Protestatation contained and neither for Hope of Reward of Fear of Punishment nor any respect whatsoever shall relinquish this Oath and Protestation So help me God This Declaration and Oath was entred in the Counsel Book of Kilkeny and this a true Copy thereof Witness my Hand this Ninth of May 1644. Hierome Green Cler. Counsel Kilkeny Appendix XII The Protestation and Declaration of the Lords Spiritual and Temporal and Commons in Parliament Assembled against the Irish Rebellion the 17th of November 1641. WHereas the happy and peaceable Estate of this Realm hath been of late and is still interrupted by sundry Persons ill affected to the Peace and Tranquility thereof who contrary to their Duty and Loyalty to His Majesty and against the Laws of God and the fundamental Laws of this Realm have traiterously and rebelliously raised Arms seized upon His Majesties Forts and Castles and dispossessed many of his faithful Subjects of their Houses Lands and Goods and have slain many of them and committed other cruel and inhuman Outrages and Acts of Hostility within this Realm The said Lords and Commons in Parliament Assembled being justly moved with a right Sense of the said disloyal Rebellious Proceedings and Actions of the Peesons aforesaid do hereby protest and declare that the said Lords and Commons from their hearts do detest and abhor the said abominable Actions and that they shall and will to their utmost Power maitain the Rights of His Majesties Crown and Government of this Realm and the Peace and Safety thereof as well against the Persons aforesaid their Abbetters and Adherents as also against all foreign Princes Potentates and other Persons and Attempts whatsoever And in case the Persons aforesaid do not repent of their aforesad Actions and lay down Arms and become humble Suitors to His Majesty for Grace and Mercy in such convenient Time and in such manner and form as by His Majesty or the chief Governour or Governours and the Councel of this Realm shall be set down The said Lords and Commons do further protest and declare that they will take up Arms and will with their Lives and Fortunes suppress them and their Attempts in such a way as by the Authority of the Parliament of this Kingdom with the Approbation of his Excellent Majesty or of His Majesties chief Governour or Governours of this Kingdom shall be thought most effectual Appendix XIII His Majesties Proclamation against the Irish Rebellion By the KING WHeras divers lewd and wicked Persons have of late risen in Rebellion in our Kingdom of Ireland surprized divers of our Forts and Castles possessed themselves thereof surprized some of our Garrisons possessed themselves of some of our Magazines of Arms and Ammunition dispossessed many of our good and loyal Subjects of the British Nation and Protestants of their Houses and Lands robbed and spoiled many Thousands of our good Subjects of the British Nation and Protestants of their Goods to great values Massacred multitudes to them imprisoned many others and some who have the Honour to serve us as Privy Councellors of that our Kingdom We therefore having taken the same into our Royal consideration and abhorring the wicked Disloyalty and horrible Acts committed by those Persons do hereby not only declare our just Indignation thereof but also do declare them and their Adherents and Abettors and all those who shall hereafter joyn with them or commit the like Acts on any of our good Subjects in that Kingdom to be Rebels and Traitors against our Royal Person and Enemies to our Royal Crown of England and Ireland And we do hereby strictly charge and command all those Persons who have so presumed to rise in Arms against us and our Royal Authority which we cannot otherwise interpret than Acts of high Rebellion and detestable Disloyalty when therein they spoil and destroy our good and loyal Subjects of the British Nation and Protestants that they immediately lay down their Arms and forbear all further Acts of Hostility wherein if they fail we do let them know that we have authorized our Justices of Ireland and other our chief Governour or Governours and General or Lieutenant-General of our Army there and do hereby accordingly require and authorize them and every of them to prosecute the said Rebels and Traitors with Fire and Sword as Persons who by their high Disloyalty against us their lawful and undoubted King and Sovereign have made themselves unworthy of any Mercy or Favour whereinour said Justices or other Governour or Governours and General or Lieutenant-General of our said Army shall be countenanced and supported by us and by our powerful Succours of our good Subjects of England and Scotland that so they may reduce to Obedience those wicked Disturbers of that Peace which by the Blessing of God that Kingdom hath so long and so happily enjoyed under the Government of our Royal Father and Us. And this our Royal Pleasure We do hereby require our Justices or other chief Governour or Governours of that our Kingdom of Ireland to cause to be published and proclaimed in and throughout our said Kingdom of Ireland Given under our Signet at our Palace of Westminster the First Day of January in the 17 th Year of
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 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 rhe Deftruction 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 Felony or other Heinous Crimes may be duly and legally Proceeded against Outlawed Tryed 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 Mayor 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 Suppressed and Restrained from Practice in that Kingdom the rather because the Lawyers in England do not here practise 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 Consederates 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 Ruined and Destroyed by the said Confederates may be Repaired for their great Losses out of the Estates of the said Confederates not formerly by any Acts of this present Parliament in England otherwise disposed of whereby they may the better be enabled to re-inhabit and defend the said Kingdom of Ireland 10. That the said Confederates may Rebuild the several Plantation-Houses and Castles Destroyed 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 Majesty out of the Estates of your Majesties Protestant Subjects at and since Michaelmas 1641 may be paid unto your Majesty by such of the Consederates who have either received the said Rents to the uses of the said Confederates or destroyed 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 discharged of all such Arrears of Rents to your Majesty 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 raised Forces at their own charges and laid forth great Sums of Money out of their own Purses and engaged themselves for Money and Provisions to keep themselves their Holds and Soldiers 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 British and Protestants upon reasonable and honourable Terms 14. That one good Walled Town may be Built and kept Repaired in every County of the said Kingdom of Ireland and Endowed and Furnished 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 War 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 Murder or Overt Act of Treason 16. That all your Majesties Towns Forts and places of Strength destroyed by the said Confederates since the said Rebellion may be by them and at their Charges Re-edified and delivered up into your Majesties hands to be duly put into the Government under your Majesty 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 delivered 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 Treason done in this Rebellion may be established and confirmed by Act of Parliament to be in due form of Law transmitted and passed in Ireland and that such Traitors as for want of Protestant and indifferent Jurors to Indict them in the proper County are not yet Indictd not Convicted or Attainted by Outlary or otherwise may upon due proof of their Offences be by like Acts of Parliament Convicted and Attainted and all such Offenders forfeit their Estates as to Law appertaineth and your Majesty to be adjudged and put in possession without any Office or Inquisition to be had 18. That your Majesties Protestant Subjects may be restored to the quiet Possession of all their Castles Houses Mannors Lands Tenements Hereditaments and Leases and to the quiet possession of the Rents thereof as they had the same before and at the time of the breaking forth of this Rebellion and from whence
are so well assured of yours and our Councils entire confidence in the Justice and Piety of our Resolutions in what concerns the maintenance of the true Protestant Religion and particularly of the Church and the Revenues thereunto belonging and our constant care of our good Subjects of the same in that our Kingdom as we do not think it needful to say any more to you upon that Subject than what hath been sufficiently declared by the practice and profession of our whole life yet to the end that your zeal may be the better interested in that particular whereby to certify such of our Subjects as might be apt to be misled by the subtilty and malice of our Enemies we thought fit to let you know the whole truth of what hath passed from us to the said Earl whereby he might in any wise pretend to the least kind of Trust or Authority from us in what concerns the Treaties of that Kingdom The truth is that the pressing condition of our affairs obliging us to procure a Peace in that Kingdom if it might be had upon any Terms safe to our Honour and Conscience and to our Protestant Subjects there and finding also that the said Peace could not be gained but by some such Indulgence to the Roman Catholicks in the point of freeing them from the penalties imposed upon the exercise of their Religion which although justly and duly we might grant yet happily in a publick transaction could not be without some scandal to such of our good Subjects as might be apt to be wrought on by their Arts who have continually watched all advantages to blast the integrity of our actions we thought fit over and above our publick powers and directions to our Lieutenant to give our private instructions and powers to assure the Roman-Catholicks in a less publick way of the said exemption from the penalties of the Law and of some such other Graces as might without blemish to our honour and conscience or prejudice to our Protestant Subjects be afforded them With the matter of these Instructions to you we thought fit to acquaint the Earl of Glamorgan at his going to Ireland and being confident of his hearty affections to our Service and withal knowing his interest with the Roman-Catholick Party to be very considerable we thought it not unlikely that you might make good use of him by imploying that interest in perswading them to a Moderation and to rest satisfyed upon his engagement also with those above mentioned Concessions of which in the nice condition of our affairs you could give them no other than a private assurance To this end and with the strictest Limitations that we could enjoyn him meerly to those particulars concerning which we had given you private instructions as also even in that to do nothing but by your special directions ☞ it is possible we might have thought fit to have given to the said Earl of Glamorgan such Credential as might give him credit with the Roman-Catholicks in case you should find occasion to make use of him either as a farther assurance to them of what you should privately promise or in case you should judge it necessary to manage those matters for their greater confidence apart by him of whom in regard of his Religion and Interest they might be the less Jealous This is all and the very bottom of what we might possibly intrust to the said Earl of Glamorgan in this affair which as things then stood might have been very useful to our Service in accelerating the Peace and whereof there was so much need as well for the preservation of our Protestant Subjects there as for hastning those necessary aids which we were to expect from thence had we had the luck to imploy a Wiser man but the truth is being very confident of his affection and obedience we had not much regard to his abilities since he was bound up by our positive Commands from doing any thing but what you should particularly and precisely direct him to ☞ both in the matter and manner of his Negotiation wherefore our pleasure is that the charge begun by the Lord George Digby our Secretary according to his duty be throughly and diligently prosecuted against the said Earl and so no way doubting of your and our Councils farther care there to correspond to your beginning in a matter so highly concerning us We bid you heartily farewel Given the One and Thirtieth of January 1645. Append. XXIX The Determination of the Popish Clergy about restoring the Churches c. to the Protestants In the Name of God Amen WHere a question of most high concernment and meerly touching the publick profession subsistence and safety of the Roman Catholick Religion throughout this Kingdom of Ireland was proposed to us the undernamed Prelates Dignitaries and others of the secular and regular Clergy of the Convocation House in Killkenny viz. whether supposing the known approved and applauded Justice and Lawfulness of this our present Catholick War in this and Foreign Kingdoms upon a Treaty of Peace now to be concluded between us and the other Party adhering to His Majesty by his Majesties special Commission for the safety of Lives Liberties and Estates of our Confederate Catholicks the said Confederate Catholicks be bound in conscience by vertue of their Oath of Association or other tye to make an express Article with the Protestant Party for keeping in our Hands such Churches Abbies Monasteries and Chappels now in our Possession and recovered by us for the true Worship of God where it is to be observed that it is suggested that if any such Article be made his Majesty will break off and consent to no Peace between us and the above specified Party to the great danger of the Estates Lives and Liberties of all our Party And as it is further urged and suggested that in not demanding such an express Article as above his Majesty will grant us Toleration of our Religion We therefore after invocating the assistance of the Holy Ghost and after mature deliberation of the said question and all circumstances thereof do answer declare and resolve with an unanimous assent and consent of us sitting together in the said House of Convocation that conformable to the tenour and true meaning of the said Oath of Association the principles of Laws and Divinity the said Confederate Catholicks are bound in conscience absolutely expresly and clearly to set down in the said Treaty of Peace a special Article to the effect meaned in the case and in case the said Article be not consented unto and that the said Confederate Catholicks proceed to agreement for other temporal points without such Article as above we do declare them to be Violaters of the Oath of Association and Transgressors of the Divine Law Witness our Hands the First of June 1645. Appendix XXX By the Assembly Ecclesiastical of the Superior and Inferior Irish Clergy met in the Holy Ghost at Waterford before the most Illustrious Lord
the Archbishop of Firmano Apostolick Nuncio in Ireland UPON the Question moved among us and Debated for many Days Whether they are to be declared as Perjur'd who do receive the Peace contained in the Thirty Articles transmitted to us by the Supream Council and if they be to be Excommunicated as Perjur'd Persons The Reasons and Opinions of every one being first heard and the Writings of some Doctors of Sacred Theology read It is Decreed Nemine Contradicente That all and every one of the Confederate Catholicks who shall adhere to the like Peace or shall consent to the Maintainers thereof or otherwise embrace the same be held Absolutely Perjur'd especially for this Cause That in those Articles there is no mention made of the Catholick Religion and the security thereof nor any care had for the Conservation of the Priviledges of the Country as is found promis'd in the Oath but rather all things are refer'd to the pleasure of the most Renowned King from whom in his present State nothing of certainy can be had and the Armies and Arms and Forts and even the Supream Council of the Confederate Catholicks are Subjected to the Authority and Rule of State and Protestant Ossicers of His Majesty ☞ from whom that we might be secure we took that Oath For which and many other causes we being moved only in our Consciences and having God only before our Eyes that it may be known to all and singular as well Irish as Foreigners that we have neither given nor shall give consent to such a Peace unless secure Conditions may be added for Religion and for the King and for the Country according to our Oath and that our Flocks and all Confederate Catholicks who in General Assemblies sometimes desired our sentence in this Spiritual Affair as only belonging to the Ecclesiastical Judge may assuredly know what hath been by us determined that in that Sense they as Pious and Faithful Catholicks may concur We have commanded this Decree to be Written and in all Places published in the English and Irish Tongues and have firmed it with our Hands and Seals but the other Question of Excommunication we have reserv'd to the next Session Dated at Waterford the 12 th of August 1646. Jo. Baptista Firmanus Nuncius Apostolicus Fr. Tho. Dublin Tho. Cassiliensis Fr. Boetius Elphin Fr. Patricius Waterford c. Lismore Jo. Laonensis Jo. Clonfertensis Fr. Edm. Laghlensis Rich. Ardfertensis Accadens Franciscus Aladensis Edm. Limiricensis Emerus Cloghorensis Nicholaus Fernensis Fr. Jacob Conaldus Abbas Benchonan Fr. Patr. Plunket Abbas B. M. Dublin Fr. Lan. Fitzharris Abbas de Sur. Fr. Jo. Cantwell Abbas de S. Cruce Fr. Jacobus Tobin Abbas de Kilcool Rob. Barry Vic. Apost Rossen Donaldus O Gripha Funiburiensis Fr. Geo. Farrell Prior Provinc Ordin Predicator Fr. Dionisius O Driscol Prior Provincial Erenâ—it S. Aug. Edm. O Teig Procurator Illustrissimi Armachani Gualter Linch Vicar Apost Tuam Gulielmus Burgat Vic. Apost Imaâ—ciensis Jacob Dempsy Vic. General Kildariensis Cornelius Gafneus Ardensis Vic. General Ol. Dese Vic. General Midensis Dominicus Roch Vic. General Corcag Simon O Connory Vic. General Cluanensis Edm. Giraldinus Vic. General Cluanmacnoise Carolus Coghlan Vic. General L Robertus Nugent Superior Societatis Jesu Fr. Anthonius Macgohigan Procurator Provincialis Fratrum Minorum Fr. Barnabas Barnwell Commissarius General Capucinorum Append. XXXI By John Baptist Rinuccini Archbishop and Prince of Firmo and by the Ecclesiastical Congregation of both Clergies of the Kingdom of Ireland A Decree of Excommunication against such as adhere to the late Peace and do bear Arms for the Hereticks of Ireland and do Aid or Assist them NOT without cause saith the Oracle of Truth doth the Minister of God carry the Sword for he is to punish him that doth Evil and remunerate him that doth Good Hence it is that we have by our former Decrees declared to the World our Sense and just Indignation against the late Peace concluded and published at Dublin not only iâ— its nature bringing prejudice and destruction of Religion and Kingdom but also contrary to the Oath of Association and withal against the Contrivers and Adherers to the said Peace in pursuance of which Decrees being forced to unsheath the Spiritual Sword We to whom God hath given power to bind and loose on Earth Assembled together in the Holy Ghost Matt. 16. 18 19. tracing herein and imitating the Examples of many Venerable and holy Prelates who have gone before us and taking for our Authority the Sacred Canons of holy Church John 20. 23. grounded on holy Writ Vt tollantur e medio nostrum qui hoc opus faciunt Domini nostri Jesu deliver over such Persons to Satan that is to say We Excommunicate Execrate Anathematize all such as after the Publication of this our Decree and notice either privately or publickly given to them hereof shall Defend Adhere to or Approve the Justice of the said Peace and chiefly those who bear Arms or make or joyn in War with for or in behalf of the Puritans or other Hereticks of Dublin Cork Youghall or other Places within this Kingdom or shall either by themselves or by their appointment bring send or give any Aid Succour or Relief Victuals Ammunition or other Provision to them or by Advice or otherwise Advance the said Peace or the War made against us Those and every of them by this present Decree We do declare and pronounce Excommunicated Ipso facto ut non Circumveniamini a Satana non enim ignoramus Cogitationes ejus Dated at Kilkenny in our Palace of Residence the 5th day of October 1646. Signed Johannes Baptista Archiepiscopus Firmanus Nuncius Apostolicus de Mandato illustrissimi Domini Nuncii Congregationis Ecclesiasticae utriusque Cleri Regni Hiberniae Nicholas Fernensis Congregationis Cancellarius Append. XXXII General Preston's Engagement the 21st of October 1646. I Thomas Preston General of the Forces of the Confederate Catholicks of Ireland raised in the Province of Leinster do Swear and Protest that I really intend and will to the uttermost of my power sincerely and effectually prosecute the Service wherewith I am intrusted by the Council and Congregation of the said Confederate Catholicks in the imployment of General of Leinster and particularly in the present Expedition and Design upon the Enemy in the City of Dublin and to that end will to the best of my skill and knowledge Direct Guide Order and Advance with the Army under my Command and will to the uttermost of my Power Use and Exercise all Acts of Hostility against the Lord Marquess of Ormond and his Party when where and as often as I may and them Annoy and Indammage as much as in me shall lie and that I will with all Reality Diligence and Sincerity Help Advise with Counsel and Assist in that Service the Lord General of Vlcter now also with his Army imployed in that expedition So help me God and his holy Gospel Thomas Preston General
directions which shall issue to any such County for the applotting subdividing and levying of the said publick Assessements some of the said Protestant party shall be joyned with others of the Roman Catholick party to that purpose and for effecting that service and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to levy the arrears of all excises and other publick taxes imposed by the Confederate Roman Catholicks and yet unpaid and to call Receivers and other Accomptants of all former taxes and all publick dues to a just and strict account either by themselves or by such as they or any seven or more of them shall name or appoint and that the said Lord Lieutenant or any other chief Governour or Governours of this Kingdom for the time being shall from time to time issue Commissions to such person and persons as shall be named and appointed by the said Thomas Lord Viscount Dillon c. or any seven or more of them for letting setting and improving the Estates of all such person or persons as shall adhere to any party opposing his Majesties Authority and not submitting to the Peace and that the profits of such estates shall be converted by the said Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being to the maintenance of the Kings Army and other necessary charges until settlement by Parliament and that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to applot raise and levy means with indifferency and equality for the buying of Arms and Ammunition and for the entertaining of Frigots in such proportion as shall be thought fit by his Majesties Lord Lieutenant or other chief Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them the said Arms and Ammunition to be laid up in such Magazines and under the charge of such persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them and to be disposed of and the said Frigots to be imployed for his Majesties service and the publick use and benefit of this Kingdom of Ireland and that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to applot raise and levy means with indifferency and equality by way of Excise or otherwise in the several Cities Corporate Towns Counties and part of the Counties now within the Quarters and only upon the Estates of the said Confederate Roman Catholicks all such sum and sums of mony as shall appear to the said Thomas Lord Viscount Dillon c. or any seven or more of them to be really due for and in the discharge of the publick ingagements of the said Confederate Catholicks incurred or grown due before the conconclusion of these Artieles and that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall be authorized to appoint Receivers Collectors and all other Officers for such monies as shall be assessed taxed or applotted in pursuance of the authorities mentioned in this Article and for the Arrears of all former applotments Taxes and other publick dues yet unpaid and that the said Thomas Lord Viscount Dillon c. or any seven or more of them in case of refractoriness or delinquency may distrain and imprison and cause such Delinquents to be distrained and imprisoned And the said Thomas Lord Viscount Dillon c. or any seven or more of them make perfect books of all such monies as shall be applotted raised or levied out of which books they are to make several and respective abstracts to be delivered under their hands or the hands of any seven or more of them to the several and respective Collectors which shall be appointed to levy and receive the same And that a duplicate of the said books under the hands of the said Thomas Lord Viscount Dillon c. or any seven or more of them be delivered unto his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being whereby a perfect account may be given and that the said Thomas Lord Viscount Dillon c. or any seven or more of therâ—s shall have power to call the Councel and Congregation and the respective supream Councels and Commissioners General appointed hitherto from time to time by the said Confederate Roman Catholicks to manage their publick affairs and all other persons accountable to an account for all their Receipts and Disbursments since the beginning of their respective imployments under the Confederate Roman Catholicks 28. Item It is concluded accorded and agreed by and between the said parties and his Majesty is graciously pleased that for the preservation of the peace and tranquility of the Kingdom the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall for the present agree upon such persons who are to be authorized by Commission under the great Seal to be Commissioners of the Peace Oyer and Terminer Assises and Goal Delivery in and throughout the Kingdom to continue during pleasure with such power as Justices of the Peace Oyer and Terminer Assizes and Goal delivery in former time of Peace have usually had which is not to extend unto any crime or offence committed before the first of May last past and to be qualified with power to hear and determine all civil causes coming before them not exceeding ten pounds Provided that they shall not intermeddle with Titles of Lands provided likewise the authority of such Commissioners shall not extend to question any person or persons for any Shipping Cattle or Goods heretofore taken by either party from the other or other injuries done contrary to the Articles of Cessation concluded by and with the said Roman Catholick party in or since May last but that the same shall be determined by such indifferent persons as the Lord Lieutenant by the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them shall think fit to the end that speedy and equal Justice may be done to all parties grieved And the said Commissioners are to make their Estreats as accustomed of peace and shall take the ensuing Oath viz. You shall swear that as Justice of the Peace Oyer and Terminer Assizes and Goal delivery in the Counties of A. B. in all Articles of the Commission to you directed You shall do equal right to the Poor and to the Rich after your Cunning and Wit and Power and after the Laws and Customs of the Realm and in pursuance of these Articles and you shall not be of Councel of any quarrel hanging before you and the Issues Fines and Amercements which shall happen to be made and all
Forfeitures which shall happen before you you shall cause to be entred without any concealment or imbezling and send to the Court of Exchequer or to such other place as his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom shall appoint until there may be access unto the said Court of Exchequer You shall not let for gift or other cause but well and truly you shall do your office of Justice of the Peace Oyer and Terminer Assizes and Goal delivery in that behalf and that you take nothing for your office of Justice of the Peace Oyer and Terminer Assizes and Goal delivery to be done but of the King and Fees accustomed and you shall not direct or cause to be directed any Warrant by you to be made to the parties but you shall direct them to the Sheriffs and Bayliffs of the said Counties respectively or other the Kings Officers or Ministers or other indifferent persons to do execution thereof so help me God c. And that as well in the said Commission as in all other Commissions and Authorities to be issued in pursuance of the present Articles this clause shall be incerted viz. That all Officers Civil and Martial shall be required to be aiding and assisting and obedient unto the said Commissioners and other persons to be authorised as abovesaid in the execution of their respective powers 29. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that his Majesties Roman Catholick Subjects do continue the possession of such of his Majesties Cities Garrisons Towns Forts and Castles which are within their now Quarters until settlement by Parliament and to be commanded ruled and governed in cheif upon occasion of necessity as to the Martial and Military affairs lindx by such as his Majesty or his cheif Governour or Governors of this Kingdom for the time being shall appoint and the said appointment to be by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them and his Majesties cheif Governor or Governors is to issue Commissions accordingly to such persons as shall be so named and appointed as aforesaid for the executing of such Command Rule or Government to continue until all the particulars in these present Articles agreed on to pass in Parliament shall be accordingly passed only in case of death or misbehaviour such other person or persons to be appointed for the said Command Rule and Government to be named and appointed in the place or places of him or them who shall so dye or misbehave themselves as the cheif Governor or Governors for the time being by the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them shall think fit and to be continued until a settlement in Parliament as aforesaid 30. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that all Customs and Tenths of Prizes belonging to his Majesty which from the perfection of these Articles shall fall due within this Kingdom shall he paid unto his Majesties Receipt or until recourse may be had thereunto in the ordinary legal way unto such person or persons and in such place or places and under such Controuls as the Lord Lieutenant shall appoint to be disposed of in order to the defence and safety of the Kingdom and the defraying of other the necessary publick charges thereof for the ease of the Subjects in other their Levies Charges and Applotments And that all and every person or persons who are at present intrusted and employed by the said Roman Catholicks in the Entries Receipts Collections or otherwise concerning the said Customs and Tenths of Prizes do continue their respective employments in the same until full settlement in Parliament accountable to his Majesties Receipts or until recourse may be had thereunto as the said Lord Lieutenant shall appoint as aforesaid other than to such and so many of them as to the chief Governor or Governors for the time being by and with the advice and consent of the said Tho. Lord Viscount Dillon c. or any seven or more of them shall be thought fit to be altered and then and in such case or in case of death fraud or mis-behaviour or other alteration of any such person or persons than such other person or persons to be employed therein as shall be thought fit by the chief Governor or Governors for the time being by and with the advice and consent of the said Tho. Lord Visc Dillon c. or any seven or more of them And when it shall appear that any person or persons who shall be found faithful to his Majesty hath right to any of the Offices or Places about the said Customs whereunto he or they may not be admitted until settlement in Parliament as aforesaid that a reasonable compensation shall be afforded to such person or persons for the same 31. Item As for and concerning his Majesties Rents payable at Easter next and from thenceforth to grow due until a settlement in Parliament it is concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that the said Rents be not written for or levied until a full settlement in Parliament and in due time upon application to be made to the said Lord Lieutenant or other chief Governor or Governors of this Kingdom by the said Tho. Lord Viscount Dillon c. or any seven or more of them for remittal of those Rents the said Lord Lieutenant or any other chief Governor or Governors of this Kingdom for the time being shall intimate their desires and the reason thereof to his Majesty who upon consideration of the present condition of this Kingdom will declare his gracious pleasure therein as shall be just and honourable and satisfactory to the reasonable desires of his Subjects 32. Item It is concluded accorded and agreed by and between the said parties and his Majesty is graciously pleased that the Commissioners of Oyer and Terminer and Gaol delivery to be named as aforesaid shall have power to hear and determine all Murders Man-slaughters Rapes Stealths Burning of Houses and Corn in Rick or Stack Robberies Burglaries Forcible Entries Detainers of Possessions and other Offences committed or done and to be committed and done since the first day of May last past until the first day of the next Parliament these present Articles or any thing therein contained to the contrary notwithstanding Provided that the Authority of the said Commissioners shall not extend to question any person or persons for doing or committing any Act whatsoever before the conclusion of this Treaty by vertue or colour of any warrant or direction from those in publick Authority among the confederate Roman Catholick nor unto any Act which shall be done after the
Delinquency or Free quarter or any other Forces than those continued in the establishment and none to have command but in one capacity and to serve in the head of that Command otherwise not to be in Command And in the said establishment considering the necessity the Kingdom is reduced unto the Burthen of general Officers or other burthens that may be spared or not found necessary to be put by and the Kingdom at present eased thereof IV. That on the composure of that Army and on Garrisoning of places necessary to be Garrisoned exact wariness be used that none against whom just exception may be taken or who by any probability considering all circumstances cannot be so well confided in as others of this Nation be either of the number whereof those established Forces shall consist or be put or continued in Garrison V. That several places are Garrison'd without the consent or concurrence of the Commissioners of Trust It is proposed that the Forces placed in such Garrisons be forthwith removed and withdrawn and not Garrison'd but by consent of the Commissioners of Trust and that none be placed in such Garrisons but such as the Commissioners of Trust will consent to be placed therein And for particular instance of this grievance the Castle of Clare Clonraud Ballingary and Bunratty are instanced and what else are of that nature the Commissioners of Trust are to represent and instance forthwith and see redress afforded therein to the peoples satisfaction if any such be of that nature VI. That it is a great cause of jealousie and mistrust among the people that where Catholicks were settled or understood to be settled in some of the greatest employments of Trust in the Army they have been notwithstanding removed and put by for avoiding of those causes and grounds of mistrust the Catholicks so settled or understood to be setled in such employments are desired to be forthwith restored VII That for satisfaction of the people who in the many disorders of these times see no face of Justice exercised among them a Judicature be erected according to the Articles of peace wherein all Causes without limit between party and party may be heard and determined and that Judges of Assize go Circuits twice each year at least and over and besides this that some persons as Justices of Peace in Quarter Sessions or otherwise be entrusted in each County to whom the Inhabitants of each such County may have their applications for redress against oppressions and extortions hapning within that County and for Debts and other complaints not exceeding Ten pounds This will free your Excellency from the trouble of those multitudes of complaints that come before you for want of other Judicatures and will leave your Lordship the time entire to be disposed in the consults of the State affairs for the better management of the War and other the great affairs that may concern the better Government of the Kingdom these being of so high a nature and so much tending to the peoples preservation as no other matter or causes should be interposed that might give any interruption thereto VIII That to the very great grievance and dissatisfaction of the people the Receiver general hath failed to clear his Accompts concerning the vast sums of Mony levyed from the people since the 17th of Jan. 1648. though the same hath been long expected and the grievances from the Agents of Counties long foreslowed in expectation of those Accompts It is proposed that some of the Commissioners of Trust and some other select persons may be forthwith now named to be authorized and entrusted to take the said Accompts and to that purpose the persons so to be entrusted to be authorized to call before them the said Receiver General the Commissary of the Victuals and their Deputies and all Receivers whatsoever intrusted in the several Counties as they shall see cause and will find it necessary and to take examinations on Oath and to do all matters that may tend to the clearing of those Accompts whereby on the close of such Accompts due satisfaction may be given to the people in the knowledge of the right disposal thereof or the Parties failing in such accompts due punishment to be inflicted on them and their persons goods and Estates seized on and secured for satisfaction of the People that they be answerable for what they shall appear to be owing to be applyed to the publick service And for avoiding all jealousies and mistrusts for the future in the disposal of any of the publick monies so far and for what any publick Treasury shall be necessary all Sums and Payments be made with the allowance consent and concurrence of the Commissioners of Trust und not otherwise and no persons to intermeddle hereafter in the receipts of Publick dues that shall fail in the accompts for the time past IX That the Oppressions and Extortions of any of the Officers or others of the Army hitherto hapned and any Miscarriages in the Designs of the Army either in Field-Service or the render of Castles or Towns to the Enemy may be forthwith strictly examined and punished by the Lord-Lieutenant assisted by a Privy-Council now to be chosen and by a Council of War now to be named And that for the better Government of the Army and for the Officers and others of the Army their due information how to demean themselves hereafter and for the Peoples Satisfaction also there be Rules and Orders of War drawn printed and published that may tend to the remedying in the future of such Grievances as formerly have hapned for want thereof And for the Times past what Oppressions or Extortions have hapned in any County the same to be represented from such Counties to his Excellency and such Privy-Council as shall be now named upon which Representation his Excellency and the said Council are to afford the best redress they may in the Grievances so to be represented for the Peoples Satisfaction and Redress and this to be intimated to the several Counties timely that they may prepare their said Grievances X. That all Custodiums or other Acts or Orders done or granted whereby any the Publick Revenue hath any way been diminished be recalled by his Excellency on the Instance of the Commissioners of Trust and the private Persons profiting thereby to the prejudice of the Publick to accompt at full notwithstanding such Orders or Custodiums whereby the Publick Profit thereby to accrue may admit no diminution XI That no Imposition or Charge be imposed on the People by Applotment Free-quarter or otherwise but by the Commissioners of Trust or with their Allowance according to the Articles of Peace and none to have freedom in Applotments but all to pay with equality and all Applotments or Impositions heretofore since the 17th of January 1648 imposed on the People without the Consent of the Commissioners of Trust be put by and due satisfaction given to the People where such Burdens have been imposed Forasmuch as it
to return to their own Homes or Houses III. Catholick Commanders instanced by the Commissioners of Trust according to the Pacification and hereupon by his Excellency's Commission receiving their Commands in the Army as Col. Patrick Purcel Major General of the Army and Col. Pierce Fitz-Gerald alias Mac. Thomas Commissary of the Horse were removed without the consent of the said Commissioners and by no demerit of the Gentlemen and the said Places that of Major General given to Daniel O-Neal Esq a Protestant and that of Commissary of the Horse to Sir William Vaughan Kt. and after the said Sir William's Death to Sir Thomas Armstrong Kt. both Protestants IV. A Judicature and legal way of administring Justice promised by the Articles of Peace was not performed but all Process and Proceedings done by Paper Petitions and thereby private Clerks and other corrupt Ministers inrich'd the Subject ruined and no Justice done V. The Navigation the great Support of Ireland quite beaten down his Excellency disheartning the Adventures Undertakers and Owners as Capt. Antonio and others favouring Hollanders and other Aliens by reversing of Judgments legally given and definitively concluded before his Commissioners Authority By which depressing of Maritime Affairs and not providing for an orderly and good Tribunal of Admiralty we have hardly a Bottom left to transmit a Letter to his Majesty or any other Prince VI. The Church of Cloyne in our possession at the time of making the Peace violently taken from us by the Lord of Inchiquin contrary to the Articles of Peace no Justice nor Redress was made upon Application or Complaint VII That Oblations Book-monies Interments and other Obventions in the Counties of Cork Waterford and Kerry were taken from the Catholick Priests and Pastors by the Ministers without any Redress or Restitution VIII That the Catholick Subjects of Munster lived in Slavery under the Presidency of the Lord of Inchiquin these being their Judges that before were their Enemies and none of the Catholick Nobility or Gentry admitted to be of the Tribunal IX The Conduct of the Army was improvident and unfortunate Nothing hapned in Christianity more shameful than the Disaster of Rathmines near Dublin where his Excellency as it seemed to Ancient Travellers and Men of Experience who viewed all kept rather a Mart of Wares a Tribunal of Pleadings or a great Inn of Play Drinking and Pleasure than a well-ordered Camp of Souldiers Drogheda unrelieved was lost by Storm with much Bloodshed and the loss of the Flower of Leinster Weâ—ford lost much by the unskilfulness of a Governor a young Man vain and unadvised Ross given up and that by his Excellency's Order without any Dispute by Col. Luke Taaffe having within near upon 2500 Souldiers desirous to fight After that the Enemy made a Bridg over the River of Ross a Wonder to all Men and understood by no Man without any Let or Interruption our Forces being within seven or eight Miles to the Place wherein 200 Musqueteers at Rossberkine being timely ordered had interrupted this stupendious Bridg and made the Enemy weary of the Town Carrig being betrayed by the Protestant Ward there our Army afterwards appearing before the Place the Souldiers were commanded to fight against the Walls and Armed Men without great Guns Ladders Petards Shovels Spades Pickaxes or other Necessaries there being killed upon the place above 500 Souldiers valiantly fighting yet near Thomas-Town our Souldiers being of tryed Foot two to one and well resolved were forbidden to fight in the open Field having advantage of Ground against the Enemy to the utter disheartning of the Souldiers and People After this the Enemy came like a Deluge upon Calan Feathard Cashell Kilmallock and other Corporations within the Provinces of Leinster and Munster and the Country about rendred Tributary Then followed the taking of Laghlin and Kilkenny then that of Clonmell where the Enemy met with Gallantry Loss and Resistance Lastly Tecrohan and Catherlough two great Pillars of Leinster shaken down that of Tecrohan to speak nothing for the present of all other Places was given up by Orders Waterford block'd up is in a sad Condition Duncannon the Key of the Kingdom unrelieved since the first of December is like to be given up and lost X. That the Prelates after the numerous Congregation at Cloanmacnoise where they made Declarations for the King 's great advantage after printed and after many other laborious Meetings and Consultations with the Expressions of their sincerity and earnestness were not allowed by his Excellency to have employed their Power and best diligence towards advancing the King's Interest but rather suspected and blamed as may appear by his own Letter to the Prelates then at James-Town written Aug. 2. And words were heard to fall from him dangerous as to the Persons of some Prelates XI That his Excellency represented to his Majesty some parts of this Kingdom disobedient which absolutely deny any such disobedience by them committed and thereby procured from his Majesty a Letter to withdraw his own Person and the Royal Authority if such Disobediences were multiplied and to leave the People without the benefit of the Peace This was the Reward his Excellency out of his Envy to a Catholick Loyal Nation prepared for our Loyalty and Obedience sealed by the shedding of our Blood and the loss of our Substance XII That his Excellency and the Lord of Inchiquin when Enemies to the Catholicks being very active in unnatural Executions against us and shedding the Blood of poor Priests and Churchmen have shewed little of Action since this Peace but for many Months kept themselves in Connaught and Thomond where no Danger or the Enemy appeared spending their time as most Men observed in Play Pleasure and great Merriment while the other parts of the Kingdom were bleeding under the Sword of the Enemy This was no great Argument of Sense or Grief in them to see a Kingdom lost to his Majesty XIII That his Excellency when prospering put no Trust of Places taken in into the Hands of Catholicks as that of Drogheda Dundalk Trim c. And by this his Diffidence in Catholicks and by other his Actions and Expressions the Catholick Army had no Heart to â—ight or to be under his Command and feared greatly if he had mastered the Enemy and with them the Commissioners of Trust or the greater part of them and many thousands of the Kingdom also feared he would have brought the Catholick Subjects and their Religion to the old Slavery XIV We will not speak of many Corruptions and Abuses as passing of a Custodium upon the Abby of Killbegain worth in past Years to the Confederates well nigh 400 l. per Annum to Secretary Lane for 40 l. or thereabouts per Annum nor of many other such like to Daniel O Neil and others at an undervalue to the great Prejudice of the Publick XV. We do also notify to the Catholicks of the Kingdom most of the above Grievances and Breaches of the Peace being
Elizabeth the Seventh Daughter of K. Edw. the First and was at the Parliament at Northampton Created Earl of Ormond And yet I have seen a Patent Dated 6 Edw. 3. Lib. G. Lambeth and exemplified 38 Edw. 3. Whereby James Butler is Created Earl of Ormond and Ten Pound per annum out of the Fee-Farm of Waterford granted to him for Creation-Money And now the Lord William Burk and Arnold Poer returned into Ireland and a Parliament was call'd at Dublin to compleat the Reconciliation between them on the one side and the Butlers Geraldines and Birminghams on the other which it seems was begun at the aforesaid Parliament at Northampton and now effected at this Parliament in Ireland Whereupon the Earl of Vlster made a great Feast in the Castle of Dublin and the next day after the Lord Maurice Fitz-Thomas did the like at St. Patricks-Church although it was in the time of Lent But a strange Accident fell out at this Parliament for the Lord Justice was forc'd to purge himself of Heresie Camb. 182. which the Bishop of Ossory laid to his Charge because he had abetted one Sir Arnold Poer whom the Bishop had condemned of certain Heretical Opinions But the Lord Justice made appear that the Bishops Proceedings were partial and unjust in favour of a Kinsman of the Bishops who began the Quarrel with Poer and that therefore he the Justice supported the Cause of the Oppressed and so after a very solemn Purgation the Lord Justice was acquitted and declared a true Son of the Church whereupon he made a great Feast for all Comers Nevertheless the unfortunate Poer who had been taken by the Kings Writ De Excommunicato capiendo grounded on the Bishops Certificate died in Prison before this Matter was fully adjusted and his Carcass was a long time kept above ground and unburied because he died unassoiled Sir John Darcy 1329. Lord Justice in whose time Macoghegan of Meath and other Irishmen of Leinster O Bryan of Thomond and his Confederates in Munster broke out into Rebellion and yet this common Calamity could not unite the English although their own Experience had taught them and frequent Instances have convinced the succeeding Ages since that the English never suffered any great Loss or Calamity in Ireland but by Civil Dissentions and Disagreement amongst themselves June 10. 1329. when the Earl of Louth and many other of the Birminghams Talbot of Malahide and an hundred and sixty Englishmen were murdered by the Treachery of their own Countreymen the Savages Davis 135. Gernons c. at Balibragan in Vrgile and when the Barryes and Roches in Munster did as much for James Fitz-Robert Keating the Lord Philip Hodnet Fragm 10. and Hugh Condon with an hundred and forty of their Followers what wonder is it if Macoghegan defeated the Lord Thomas Butler and others August 8. near Molingar to their loss of an hundred and forty of their Men Or if Sir Simon Genevil lost seventy six of his Soldiers in Carbry in the County of Kildare or if Brian O Bryan ravaged over all the Country and burnt the Towns of Athessel and Typerary However Holingsh 70. the Irish grew so Insolent and Outragious upon these small Victories that they shewed but little regard to God or Man In the Church of Freinston they found about fourscore People at their Devotions Cambden ad annum it seems the miserable Wretches well acquainted with the cruelty of these ungovernable Soldiers did not expect to escape their Fury 1331. and therefore made it their only Petition to save the Life of the Priest Lib. P. Lamb. but these Ruffians were deaf to all Supplications for Mercy the Priest was the first Man they wounded and after they had spurned the Host with their Feet they compleated their Sacrilege by burning the Church Priest People and all Nor did they regard the Ecclesiastical Censures nor the Pope's Interdict which afterwards issued against them on the contrary in all their Actions they manifested an entire contempt both of Ethicks and Christianity so that one would think the Poet prophesied of these Men when he said Nulla fides pietasve viris qui castra sequuntur But Pride will have a fall and Providence will certainly triumph over the Wickedness of Men in a proper Season and commonly Methods unexpected whereof this unruly Multitude is one Instance For the Men of Wexford by their imminent Ruine rendred desperat entertain'd a Skirmish with this formidable Rabble Cambd. 185. and had the good Luck to kill four hundred of them and the rest surprized with a pannick Fear on this unexpected Defeat ran away in such a confused and hudling manner that most of them were drowned in the River Slane and have left a just Occasion for this true Remark That huffing and insolent Men are always Cowards and if this be true any where in the World it is true in Ireland Camb. 183. Sir Philip Stanton had the ill Luck to be slain by the Irish and Sir Henry Traherne by the Means of Onolan was surprized in his own House at Kilbeg But in Revenge of it the Earl of Ormond burnt Foghird in Onolan's Country and the Lord Justice prosecuted the O Birnes so effectually that after the Slaughter of some of the best of them they were forced to submit But the Lord Justice finding himself too weak to deal with such a vast number of Rebels as were now in Arms in all parts of the Kingdom he invited Maurice afterwards Earl of Desmond to take the Field and promised him the King's Pay January 1329 Maurice came accordingly with a very considerable Army Fragment 9. and advanced against the Onolans he routed them and burnt their Country so that they were forced to submit and give Hostages He did the like to the O Morroughs and took the Castle of Ley from the O Dempsâ—es But the Lord Justice was not ablâ— to pay so great an Army being near ten thousand Men 〈◊〉 therefore he was fain to connive at their extorting Coyn anâ— Livery which now was first practised by the English But the Irish had used that barbarous Oppression long before and perhaps from the beginning as appears by the fourth Constitution of the Synod of Cashel Ante pag. 23. I have seen the Copy of a Patent Lib. CCC dated March 1. 3. Edw. 3. Lambeth constituting the Earl of Ormond Lord Lieutenant of Ireland but I find nothing more of it any where else But the same Year Typerary was made a Palatinate The Irish had again petitioned the King for a general Liberty to use the English Laws Davis 103. whereupon the King sent a Writ to the Lord Justice 22 Aug. to consult the Parliament in Ireland 2 Edw. 3. and to advise him of their Opinions in that Matter And by another Writ of the same Date the King orders the Justice and the Chancellor to supervise the Exchequer twice every
Year And it seems there was also a Parliament at Dublin this Year Prin 266. wherein it was ordained That the King's Peace should be fully kept and that every Nobleman and Chieftain should keep in his own Sept. Retinue and Servants Roger Outlaw Prior of Kilmainham was made Lord Deputy 1330. and kept the Kingdom quiet ' all the Summer and the Winter was so stormy and wet that nothing could be done till January and then the Macoghegans began to be troublesome again in Meath but the Earls of Vlster and Ormond gave them a Defeat near Loghynerthy about Lent whereupon they were so enraged that they burnt fifteen Villages but they paid for it in another Skirmish wherein three Irish Lords Sons and one hundred of their Followers were slain This Year a Parliament was holden at Kilkenny Pryn 267. at which were present Alexander Archbishop of Dublin the Earls of Vlster and Ormond the Lord William Birmingham and the Lord Walter Burk of Connaught and each of these brought a considerable Power with him to pursue O Brian and expel him from Vrkiffe near Cashil It seems this great Army march'd to Limerick and that the Burks did prey some of the Giraldines Lands in their March whereupon such Fewds arose between those Families that the Lord Justice was necessitated to confine the Earl of Vlster and Maurice of Desmond to the Custody of the Marshal at Limerick but Maurice quickly found means to escape and thereupon 't is probable the Earl was also enâ—arged It seems that both of them went to England But what became of this mutinous Army Frag. 9. I find no mention save that an anonymous Author reports Quod nihil perfecerunt But the next Year was more propitious 1331. for on the twenty first of April the English gave the Irish an Overthrow in O Kensâ—le And in May the English at Thurles defeated O Brian and slew many of his Followers And about the same time O Tool came to Tullagh and robbed the Archbishop of Dublin took three hundred of his Sheep and killed some of his Servants Upon notice of it Sir Philip Britt and others sallied out of Dublin but they were too forward and careless so that they fell into an Ambush in Culiagh and were most of them slain whereupon the Irish were elevated to that degree Cambd. 184. that they attacked the Castle of Arklow and took it but the Lord Birmingham with a smart Party undertook them and mortified them to the lowest degree of Submission and might have ruined them if he had not trusted to their false Promises Sir Anthony Luey 3 June 1331. a Man of great Authority in England was sent over Lord Justice he brought with him the Lord Hugh de Lacy who was now pardoned and in some Favour He also brought the King's Letters to the Earl of Vlster and others of the Nobility to give their best assistance to him the Lord Justice The Lord Justice designed by a severe Government to correct and reform the Distempers of those Times but alass it was too great an Undertaking for one Man and required more time than he had to spend in Ireland However his Government was auspicated with a Victory which those of the English Pale on the eleventh of June obtained over the Irish at Finnagh in Meath And though there was a great Dearth and Scarcity still continuing yet it was somewhat moderated by the great Plenty of large Fishes called Thurlehides sent by Providence into the Bay of Dublin in a prodigious number for the relief of the Poor A Parliament was summoned to meet at Dublin at Mid-summer by which it is manifest that they did not hitherto practise the formality of forty Days Summons the Appearance was so thin that the Parliament was adjourned to Kilkenny to the seventh of July And thither came Thomas Earl of Kildare and others that were not at Dublin and were freely pardoned what was past being first sworn on the Holy Evangelists and the Reliques of the Saints to Allegiance and Preservation of the peace for the future But in August the Lord Justice received the bad News That the Irish had taken and burnt the Castle of Ferns Whereupon he grew jealous That some of those English Lords that absented themselves from the Parliament at Kilkenny did underhand abet the Irish or else they durst not so frequently rebel and therefore he resolved to apprehend as many of them as he could get And first Henry Mandevil was by Warrant from the Chief Justice taken in September and Maurice of Desmond being arrested in Limerick in the beginning of October was by warrant from the Lord Justice and Council brought to Dublin Walter Burk and his Brother were seised in November and William and Walter Birmingham were secured in Clonmel in February following and afterwards sent to Dublin It seems there was more than bare Suspicion in this Matter for the Lord William Birmingham who had often done good Service for his King and Country was nevertheless executed the eleventh of July 1332. and his Son Walter had not escaped but that he was in Orders and Maurice of Desmond was likewise kept in Prison a Year and a half and then discharg'd upon very great Bail and sent into England to the King But let us look back to the third of March 1331. at which time the King and Parliament of England made Ordinances and Articles for the Reformation and Tranquility of Ireland and sent them thither in haec verba REX Justic Pryn 267. Canc. Thes suis Hibern salutem Mandamus vobis quod articulos subscriptos quos pro emendatione status Terrae nostrae Hiberniae quiete tranquilitate populi nostri ibidem per advisamentum Concilii nostri in ultimo Parliamento nostro apud Westmon tento ordinavimus in dicta Terra Hiberniae quantum ad vos attinet teneatis observetis per alios fideles nostros dictae Terrae teneri observari faciatis Tenor autem articâ—â—â—orum praedictorum talis est Imprimis Justiciarius qui nunc est vel pro tempore fuerit non concedat Cartas Pardonationis de morte hominis nec roberiis incendiis aliquibus nisi de roberiis incendiis ante festum Paschae anno regni Domini Edwardi Regis Angliae tertii post Conquestum quinto perpetratis Et quod de caetero certificet Regem de nominibus hujusmodi Pardonationes petentium de avisamento suo quod Rex faciat inde voluntatem suam quod nullus in Terra Hiberniae ex nunc faciat tales Pardonationes infra libertatem extra sub gravi forisfactura Domini Regi Item Quod dictus Justic de caetero non concedat tuitionem pacis felonibus ad silvam existentibus Item Quod una eadem lex fiat tam Hibernicis quam Anglicis excepta servitute Betagiorum penes Dominos suos eodem modo quo usitatum est in Anglia de Villanis Item
Remonstrants pretend to justify their Insurrection which nevertheless themselves in their Declaration in Parliament the 16 th of November 1641. have confessed to be traiterous and rebellions and at the same time pretended an Abhorrence of the abominable Murthers and Outrages of the Rebels which now they palliate as a forced taking up of Arms in their own own Defence by discontented Gentlemen Neither was that Declaration forced from them but passed in due course and order and at their own request tho' some of them would have couch'd it in softer terms for fear the Rebels might recriminate but they were outvoted without either violence or threatnings as is most falsly suggested Neither is it true that the Northern Rebels ever sent any Address to the State except the presumptuous Proposition from those of Cavan which was favourably received as hath been already related but it is wisely done of the Remonstrants to pass slightly over the Massacre in Vlster since it is not possible to justifie that barbarous Cruelty In the Proclamation of the 23 of October there is no mention of the Proroguing the Parliament and because some of the Pale did quarrel at the words Irish Papists as if themselves were included therein the Lords Justices issued a Second Proclamation to satisfie them in that Point and tho' there was a necessity of Proroguing the Parliament to avoid concourse to Dublin in that dangerous time yet it was not done without the Kings special Warrant for it who design'd that the Lord Lieutenant should be present at the Session and tho' the Kings Order was to Prorogue it to the latter end of February yet to comply with the Importunity of some of the Remonstrants who were then thought Faithful to the Government the Members were permitted to meet the 9 th of November and Adjorn'd to the 16 th and then Sat two days and shortned the Prorogation to the 11 th of January and tho' in that short Session and that troublesome time it was impossible to pass any of the Graces into Acts yet the Lords Justices did then acquaint the Houses That His Majesty would not depart from any of his former favours promised to them for setling their Estates to such as should remain faithful and Loyal That as to Armed men it was no other than hath been in all Parliaments there before and since viz. the Garrison of the Castle of Dublin in which the Parliament sits always makes a Guard for the Chief Governor and Members of Parliament but neither used Threats committed Violence or presented their Musquets as is unsincerly and untruly suggested nor could the Remonstrants apprehend any danger from this mark of respect shewn them by the Guard if their own inward Guilt had not begat Jealousies in them of what others never thought of for if the Lords Justices would have seiz'd the Persons of some of the Remonstrants upon just Suspitions and violent Presumptions what hindred them certainly nothing but a hopes by mildness and good usage to settle and fix their staggering Loyalty And it is strange that the Remonstrants pretend that any part of the Kingdom was quiet when it appears by Mac Mahon's Examination that the Conspiracy was universal and that the great Towns and Cities would revolt as soon after they did except where the Protestant Inhabitants or his Majesties Soldiers were too strong for them and Collonel Plunket aver'd That all the Catholick Lords had contracted under their hands to joyn in this Insurrection which indefinite expression must be understood to intend all those that did afterwards unite with the Rebels which were indeed all but a very few and he wrote to the Lord Abbot of Melifont that he had been a means to incite the Lords and Gentlemen of the Pale to appear in the blessed Cause then in hand and would use his endeavours night and day ad majorem Dei gloriam And it is to be observ'd that the Collonels John Barry Taaf Garret Barry and Porter who had Warrants to transport four Regiments and were therein Assisted by the Lords Justices did upon several pretences defer it till the 23 d. of October and soon after Garret Barret and his whole Regiment and most of the rest of the Soldiers went into Rebellion and if we add the general discourse amongst the Rebels in Vlster on the 23 d. and 24 th of October exfressing to the plunder'd English an assurance that Dublin was taken and the like mutterings in Munster and Conaught and the antecedent Threats of a general Rebellion and their Consultations at Multifernam mentioned in Doctor Jones his Examination it will be manifest that the Conspiracy was general and premeditated But the Remonstrants suggest that the Lords Justices applied themselves to such powerful Members of Parliament as opposed his Majesty which is like the rest for at that time the King was in Scotland and there was no difference between his Majesty and the Parliament except in relation to the Earl of Strafford whom the Remonstrants most violently prosecuted besides the Lords Justices did not sent to the Parliament at first but on the 25 th of October sent one Express to the King and another to the Lord Lieutenant according to his Majesties former Orders and seeing themselves by the generality of the Rebellion necessitated to invoke all Powers that could Assist them they did on the 5 th of November and not before write to the Privy Council and to the Speakers of both Houses and they sent Duplicates of those dispatches to his Majesty the very same day And tho' it was the highest reason that could be that the Lords Justices should first Arm the Protestant Subjects whom they might confidein for the defence of their own Lives and the Government yet they did also issue Arms to such Papists as they had any hope of and particularly 1700 Arms to those of the Pale some of which were recovered again but most of them were perfidiously made use of against the State neither were the Catholick Inhabitants of Dublin Disarm'd until those of the Pale had declared themselves in Rebellion and then their Alliance and Correspondence with the others made that Action necessary Arms were likewise sent to Wexford Waterford and Trim and Letters of Encouragement to those places and to Gallway The Order of Parliament to Pardon the Irish was publish'd in Print the 12 th of November and dispersed into all parts of the Kingdom but without any more effect than the Lords Justices Proclamation of Pardon of the 30 th of October met with and the Lords Justices Proclamation of the First of November to Pardon those of the Counties of Louth Westmeath Meath and Longford except Freeholders and Murderers was drawn by Mr. Nicholas Plunket and other Members of Parliament and thereupon some few submitted but never restor'd what they had plunder'd from the Protestants but soon after Apostatiz'd into Rebellion again neither did they shew any more respect to his Majesties own Proclamation under his Royal Signet nor