and other Natives of fit capacitie and breeding have been trusted and imployed in all Commissions from the Courts or otherwise in all matters as well concerning the King as other subjects in equall degree with Protestants the Gentry also from time to time even till this Rebellion were appointed Sheriffes Iustices of the Peace high Constables Marshalls upon occasion and all other Officers in the Country that the Law appoints They were also allowed chiefe Officers and Iudges in Corporations and other Liberties and Franchises their sonnes also admitted Clarkes in the Courts and other under Officers which are graces and favours rarely allowed to the pretended Catholiques in England though Natives of this Kingdome so as very few of that Kingdome have been observed to seeke fortunes in other Countries except some that doe passe into this Kingdome for their preferment and except such as do voluntarily travell beyond Seas to the warres and to become Clergy-mer and some students in the Arts as natives of England doe the same their Lawyers also to our deare experience notwithstanding different in Religion are and have been admitted to the Bar and all other practice as Protestants are by which they grow popular and in short time farre richer and greater purchasers then the Protestant Lawyers or Iudges now imployed can doe in many yeares a favour not allowed to like natives here in England which hath been an extreame mischief to that Kingdome of Ireland as hereafter shall appeare many of the prime Gentry have by suite to Your Majesty and Your most blessed Father been advanced to honour of severall degrees have been dignified with titles of Baronets and Knights and for preferment in the Church It is apparant that after the Statute of Secundo many of that Nation were then continued Bishops and other Dignitaries and many newly created upon the yeelding to the externe part of the Reformation though it is to be remembred what is declared of some of them by Statute in that Kingdome enacted in the eleaventh yeare of Queene Elizabeth Cha. 6. In which is this expression viz. Where the right honourable sir Henry Sidney Knight of the honourable Order now Lord Deputy of Ireland hath in his late progressE into Munster and Connaught found amongst other experiences the great abuse of the Clergy therein admitting of unworthy Personages to Ecclesiasticall dignities which hath neither lawfulnesse of Birth Learning English habit or English Language but discended of unchast and unmarried Abbots Priors Deanes Chaunters and such like getting into the said digniries either with force symony friendship or other corrupt meanes to the great overthrow of Gods Holy Church and the evill example of all honest Congregations Be it therefore c. Yet they were continued during their lives howsoever afterwards none were admitted to those places but such as were knowne Protestants and therein the Natives of that Kingdome being so conditioned were freely entertained and many of them so dignified as they are at this day it being not thought fit to put that charge into the hands of Recusants because it hath been since observed as it is now clearely manifest that they are in that Kingdome of Ireland the Seeds-men and wombe of all the distempers and miser able sufferings of the now deplorable Common-wealth which is by many of considerable quality now lamentably acknowledged neither indeed are the Recusants capable of that charge by the Lawes of the Land and if they take offence at those Laws supplications not Murthers Rebellions and depredations were a proper way to sue for the repeale of them but the Nobles that they are become contemptible is a strange affirmation they have been graced by Your Majesty and Your Governours from time to time with all the respects of Honour and Priviledge that is any way due to them and in no lesse measure then the Protestants have been besides it is well knowne that since the Protestant subjects Brittish and others became their neighbours and Tenants and inhabited their now desolate estates the Rents and Revenues of those Lords were so raised as they were brought into a condition to livel ike Noblemen in a civill Common-wealth which they were not before able to doe nor it is beleeved will ever be againe if some as perillously credulous as the Protestant Subiects now ruined have been do not make such adventures as they have done to their cost Lastly where those confederates doe boldly and untruely affirme that their Gentry were debarred from Learning in Universities and publique Schooles first their children though themselves and their Parents Papists were freely admitted into all publique Schooles as well of Your Maiesties foundation as other waies without question of Religion wherein they attained to the knowledge of the Latine and the Greeke Tongues and full introduction into the Arts and all other humane learning And for Universities they know there is but one only Colledge in Ireland founded by Queene Elizabeth and endowed by Your Maiesties most blessed Father for the education of the youth of that Kingdome That Colledge is of smal capacity yet can it not be instanced that any the son of a noble man or Gentleman were refused to be admitted thereunto if they would conforme to the Lawes of the Land and Statutes of that Society neither are they there pressed with the Law till they come to be Graduates and it is well knowne that as well from that University as Innes of Court here in England very many of them have gained learning and knowledge which in many of them now is imployed to the extream annoyance and harme of Your Maiesty and Your Kingdome and though they were not so freely admitted into those Societies and in Corporations because they would not conforme to the Lawes of the Land and Charters Orders and Customes of that society yet many of those lived there and here with greater freedome from those Lawes then the Natives of England of the Popish Religion did in England and yet it is humbly conceived that if their numbers quality and loyalty be rightly weighed and considered there will not be found any good cause or found reasons why the Native Papists of Ireland should have more freedome in Ireland then the Native Papists of England have in England and whereas they so needlesly presse for the free admittance into the Schoole of the Kingdome as they have clearely received that freedome as is above mentioned which also well appeares in the men of this age educated sarre beyond all former times so they should have laid their challenge with all hample acknowledgment and thankefulnesse to Your sacred Majesty and the famous ProresTant Princes preceding Your Muesty and Your English Government For first in the 28th yeare of King Henry the 8th it was enacted that every incumbent should keepe a Schoole in his Parish to teach English Secondly Queene Elizabeth by a Statute in the 12th yeare of her Reigne ordained that there should be a Free Schoole kept in every Diocesse of that Kingdome to
disorderly pillagings lighted somtimes aswell on the British and Protestants and some Romane Catholique Inhabitants of the City and Suburbs as upon the open Rebells As to the Cities and Townes of Dublin Drogheda and the rest which were kept by your Majesties Garisons It is true they indured the trouble of unruly Souldiers much against the hearts of the Lords Justices and Councell but all their miseries and the miseries of all other good men happened by occasion onely of the hatefull Conspiracy and violent Rebellion of the Confederates because they were under the English Government The Confederates did use them worse then the Egyptians did the Israelites for they tooke away but the Straw whereas these Confederates besides the Innocent blood they have spilt did not onely actually rob and spoile of their substance them aswell Papists of the Cities as Protestants in the Country where they were able but also which was worse having gotten into their hands by way of trust very great quantities of their substance partly in fore-knowledge of this Rebellion and partly to answer their barbarous lavish expences they by their Rebellion deprived them of it all to the utter ruine of many of them they not so much as since the Cessation yeelding them any reliefe in their similate Councells and judicatories though free Commerce granted And lastly as to the murthers breaches of publike faith and quarter destruction and desolation in eighteen moneths which by computation must be after the Conspiracy and actuall Rebellion fully discovered and your Majesties Armies sent over The assertion is most false and scandalous in all the parts thereof For whatsoever killing or destruction was then executed on the Confederates and their Complices having their Swords in their hands in a most disloyall and irreligious action was done in naturall defence and in a course of just Warre as a necessary chastisement from a Gracious and Religious Prince upon the unnaturalnesse of unfaithfull Rebells After the Siege of Drogheda the old English of the Pale being forced into Vlster they did vaunt that they had killed more English and Protestants in Fingall then were killed in many other Counties raging in all extremity against the Lives Persons and Estates of your innocent and obedient Subjects neither did all that killing and destruction amount to the tenth part of the murthers and destructions in neere foure moneths before committed upon your Majesties Loyall and innocent Subjects and that by sudden surprisall in open peace and cold blood when they were no way able to make resistance as is too apparent But nothing could relish with the Confederates as favouring of equity except the Lords Justices and Councell would in base feare have treacherously delivered up to them your Majesties Prerogatives Rights and Soveraignty their owne lives for their substance and estates they had before violently torne from them and the lives of all the remaining wretched British and Protestants the lives of many thousands of the same kind of men and the whole substance of them and the rest being not sufficient to satiate the malice of the Confederates against their lives their thirst after their estates and their hatred to the Protestant Religion British Nation and English Government And the indisposition of the Lords Justices to shed blood appeared in that above sixty persons who amongst many hundreds came to surprize Dublin were on the 23 of October 1641. apprehended none suffered death fave one of Fermanagh who as the Lord Magwire confessed was privy to the Plot and many like instances there are of their great tendernesse in that point In the thirteenth Article THese confederates do further shew Art 13. that one main foundation of their Rebellion is their hatred of all Law and good order They cannot indure that the Parliament should sit which is your Majesties highest favour to your people for the common good Or that the Courts of Justice should sit according to the ancient and laudable Laws of the Kingdom by the benefit whereof they had for so many yeeres undeniably prospered and advanced into that happy estate which none of their ancestors ever saw in that Kingdome many of them innobled and all of them inriched as doth well appeare in the Statute 11 Jacobi Cap. 1. But of all things it is and will bee for ever admirable that they should challenge interest in the fundamentall Laws which they have laboured by all their power and policy to pluck up by the rootes And with a high hand have executed all manner of violations of those Laws both against Prince and people as doth well appeare in the forementioned Collections truely made and by a publique Declaration of both Houses of Parliament made the 17 of November 1641. That they should call themselves naturall and genuine members of the Parliament which is an Assembly of Peace and Order they having rent asunder and cast from them all the bonds of humane society peace and order and that they should complaine of want of safety to come under that power which they so wilfully renounced having under it had full fruition of the happiest protection and being that ever they or any of their Ancestors injoyed whereof under God nothing could have deprived them but their own inordinate rage and appetite Can they imagine it reasonable that because they will bee Rebels without cause or provocation therefore your Majesty and your good people must neither have Parliament nor Courts of Justice to sustaine and comfort them will nothing satisfie them but an intire concurrence of all your Majesties people in their confusions And whereas they affect to vilify the members of the Parliament doubtlesse they cannot but know that the Peeres are the same they were when they were thought worthy to sit with them And for the Commons they are for the most part the same that sate with them while they could bee capable of so honourable a trust and were as active and able in the Service of your Majesty and Commonwealth as any of them much more faithfull And for such of these confederates as the wholesome Laws of the Land have cast out for their treasons and breach of Faith both to God and man there are by due order and election substituted in their places men of Estate for the most part but all honest and legall men They speake much in some of their Printes of the Power and Priviledge of Parliament Yet now because their offences have made them unsit for such trust they spurn at that Power and cannot indure it in those faithfull men whom the fundamentall Laws have appointed unto it Certainly it is wonderfull that those confederates should imagine that by the highest treasons murthers robberies faith-breakings betraying their peaceable Neighbours and Friends and utterly spoyling the whole British Nation and Protestants in that Kingdome of their whole Estates they should gain priviledge to speak evill of all manner of Authority and to bee thought the onely good Governours of the Commonwealth miserably distracted by
and Trust within that Kingdome be conferred upon Romane Catholiques Natives in equallity and indifferencis with your Majesties other Subjects Answ We humbly conceive that the Romane Catholique Natives in Ireland may have the like Offices and Places as the Romane Catholiques Natives of England here have and not otherwise Howbeit we conceive that in the generallity they have not deserved so much by their late Rebellion Therefore wee see not why they should be endowed with any new or further Capacities or Priviledges then they have by the Laws and Statutes now in force in that Kingdome 9. Propos That the insupportable oppression of your Subjects by reason of the Court of Wards and respit of homage be taken away and a certain Revenew in lieu thereof fetled upon your Majestie without diminution of your Majesties profits Answ We know of no oppression by reason of the Court of Wards and we humbly conceive that the Court of Wards is of great use for theraising of your Majesties Revenews the preservation of your Majesties Tenures and chiefly the education of the Gentry in the Protestant Religion and in civility of learning and good manners who otherwise would be brought up in ignorance and barbarisme their estates be ruined by their kindred and friends and continue their dependencie on the chief Lords to the great prejudice of your Majesties service and Protestant Subjects And there being no colour of exception to your Majesties just Title to Wardships we know not why the taking away of your Court concerning the same should be so pressed unlesse it bee to prevent the education of the Lords and Gentry that fall Wards in the Protestant Religion For that part of this Proposition which concerneth respit of Homage we humbly conceive it reasonable that some way may be setled for that if it stand with your Majesties good pleasure without prejudice to your Majestie or your Protestant Subjects 10. Propos That no Lord not estated in that Kingdome or estated and not resident shall have Vote in the said Parliament by proxie or otherwise and none admitted to the House of Commons but such as shall be estated and resident within the Kingdome Answ Wee humbly conceive that in the year 1641. by the graces which your Majestie then granted to your Subjects of Ireland the matter of this Proposition was in a fair way regulated by your utter abolishing of blank Proxies and limitting Lords present and attending in the Parliament of Ireland that no one of them should bee capable of more Proxies then two and prescribing the Peers of that Kingdome not there resident to purchase fitting proportions of Land in Ireland within five years from the last of July 1641. or else to lose their Votes till they should make such purchases which purchases by reason of the troubles happening in that Kingdome and which have continued for two years and a half have not peradventure yet been made And therefore your Majestie may now bee pleased and may take just occasion to enlarge the time for five years from the time when that Kingdome may again bee setled in a happy and firme peace And as to Members of the House of Commons the same is most fit as wee humbly conceive to be regulated by the Laws and Statutes of that Kingdome 11. Propos That an Act bée passed in the next Parliament declaratory that the Parliament of Ireland is a frée Parliament of it self independent of and not subordinate to the Parliament of England And that the Subjects of Ireland are immediatly subject to your Majesty as in right of your Crown And that the Members of the said Parliament of Ireland and all other the Subjects of Ireland are independent and no way to bée ordered or concluded by the Parliament of England and are onely to bée ordered and governed within that Kingdome by your Majestie and such Governors as are or shall be there appointed and by the Parliament of that Kingdome according to the Laws of the Land Answ This Proposition concerns your Majesties high Courts of Parliament both of England and Ireland and is beyond our abilities who are not acquainted with the Records and Presidents of this nature to give any answer unto and therefore we humbly desire your Majesties pardon for not answering unto the same 12. Propos That the assumed power of jurisdiction in the Councell boatd of determining of all manner of Causes be limitted to matters of State and all Pattents Estates and Grants illegally and extrajudicially avoyded there or elsewhere bée left in state as before and the parties grieved their heirs or assignes till legall eviction Answ The Councell-Table hath alwaies exercised jurisdiction in some cases ever since the English Government was setled in that Kingdome and is of so long continuance in cases of some natures as the beginning thereof appeareth not which seemeth to be by prescription and hath always been armed with power to examine upon Oath as a Court of Justice or in nature of a Court of Justice in Cases of some natures and may bee very necessary still in many Cases especially for the present till your Majesties Lawes may more generally bee received in that Kingdome And we conceive that Board is so well limitted by Printed Instructions in your Majesties Royall Fathers time and by your Majesties graces in the 17. year of your Reign that it needeth for the present little or no further Regulating at all howbeit they humbly refer it to your Majesties great wisdome and goodnesse to do therein as to Law and Justice shall appertaine Propos 13. That the Statute of the 11.12 and 13. yéer of Quéen Elizabeth concerning Staple commodities be repealed reserving to his Majesty lawfull and just poundage and a book of Rates to be setled by an indifferent Committée of both Houses for all Commodities Answ The matter of this Proposition is setled in a fitting and good way by your Majestie already as we conceive amongst the graces granted by your Majesty to your people of Ireland in the 17 year of your Majesties Reign to which we humbly refer our selves Propos 14. That in as much as the long continuance of the chief Governour or Governours of that Kingdome in that place of so great eminency and power hath béen a principall occasion that much Tyranny and oppression hath béen exercised upon the Subjects of that Kingdome That your Majestie will be pleased to continue such Governours hereafter but for thrée years And that none once imployed therein be appointed for the same again until the expiration of six years next after the end of the said thrée yéers And that an Act passe to dis-inhable such Governour or Governours during their Government directly or indirectly in Vse Trust or other wise to make any manner of purchase or Acquisition of any Manners Lands Tenements or Hereditaments within that Kingdome other then from your Majesty your heirs or successors Ans We humbly conceive that this Proposition tendeth to lay a fals and scandalous
of their affaires and humbly to beseech relief and redresse therein the said Lieutenant Colonel though your Majesties servant and imployed in publike trust in which case the Law of Nations affords safety and protection was without regard to either not only stopped from proceeding in his imployment but also tortured on the racke at Dublin 10 The Lord-president of Munster by direction of the said Lords-Iustices that province being quiet with his accomplices burnt preyed and put to death Men Women and children without making any difference of quality condition age or sex in severall parts of that province The Catholicks Nobles and Gentlemen there mistrusted and threatned and others of inferior quality trusted and furnished with Armes and Ammunition The province of Connaght was used in the like measure whereupon most of the considerable Catholicks in both the said provinces were inforced without Arms or ammunition to looke after safety and to that end to stand on their defence still expecting your Maiesties pleasure and alwayes ready to obey your commands Now the plot of the said ministers of State and their adherents being very ripe applications were incessantly by them made to the malignant party in England to deprive this people of all hopes of your Majesties justice or mercy and to plant a perpetuall enmity between the English and Scottish Nation and your subjects of this kingdom 11 That whereas this your Maiesties kingdom of Ireland in all successions of ages since the raign of King Henry the second sometimes King of England Lord of Ireland had a Parliament of their own composed of Lords and Commons in the same manner and forme qualified with equall liberties powers priviledges and immunities with the Parliament of England and only dependant of the King and Crown of England and Ireland and for all that time no prevalent Record or authentick president can be found that any Statute made in England could or did bind this kingdom before the same were here established by Parliament yet upon untrue suggestions and informations given of your subiects of Ireland an act of Parliament intituled An Act for the speedy and effectuall reducing of the Rebells in his Maiesties kingdom of Ireland to their due obedience to his Maiesty and the Crown of England and another Act intituled An Act for adding unto explaining the said former Act was procured to be enacted in the said Parliament of England in the 18. yeare of your Maiesties raign by which Acts and other proclamations your Maiesties subiects unsummoned unheard were declared Rebels and two Millions and a halfe of Acres arrable meadow and profitable pasture within this kingdom were sold to undertakers for certain sums of money and the Edifices Loghes Woods Bogs wastes and their appurtenances were thereby mentioned to be granted and past gratis which Acts the said Catholicks doe conceive to have been forced upon your Maiesty and although voyd and uniust in themselves to all purposes yet continue matters of evill consequence and extreame preiudice to your Maiesty and totally destructive to this Nation The scope seeming to ayme at Rebels only and at the disposition of a certain quantity of Land but in effect and substance all the Lands in the kingdom by the words of the said Acts may be distributed in whose possession soever they were without respect to age condition or quality and all your Maiesties Tenures and the greatest part of your Maiesties standing Revenue in this kingdom taken away and by the said Act if it were of force all power of pardoning and of granting those Lands is taken from your Maiesty a president that no age can instance the like against this Act the said Catholicks do protest as an Act against the fundamentall Laws of this kingdom and as an Act destructive to your Maiesties right and prerogatives by colour whereof most of the forces sent hither to infest this kingdom by Sea and Land disavowed any authority form your Maiesty but doe depend upon the Parliament of England 12 All strangers and such as were not inhabitants of the city of Dublin being commanded by the said Lord-Iustices in and since the said Moneth of November 1641. to depart the said city were no sooner departed then they were by the direction of the said Lords-Iustices pillaged abroad their goods seized upon and confiscated in Dublin and they desiring to returne under the protection and safety of the state before their appearance in any action were denyed the same and divers other persons of ranke and quality by the said Lords-Iustices imployed in publick service and others keeping close within their doores without annoying any man or siding then with any of the said Catholicks in Arms and others in severall parts of the kingdom living under and having the protection and safety of the state were sooner pillaged their houses burnt themselves their Tenants and servants killed and destroyed then any other by directions from the said Lords-Iustices and by the like direction when any Commander in cheif of the Army promised or gave quarter or protection the same was in all Cases violated and many persons of quality who obtained the same were ruined before others Others that came into Dublin voluntarily and that could not be justly suspected of any crime if Irishmen or Catholicks by the like direction were imprisoned in Dublin robbed and pillaged abroad and brought to their tryall for their lives The city of Dublin and Cork and the ancient Corporate Townes of Drogheda Yeoghell and Kinsale who voluntarily received garrisons in your Majesties name and the adjacent countries who relieved them were worse used and now live in worse condition than the Israelites did in Aegipt So that it will be made appeare that more murthers breaches of publick faith and quarter more destruction and desolation more cruelly not fit to be named were committed in Ireland by the direction and advice of the said lords-Lords-Justices and their party of the said Counsell in lesse then eighteen Moneths then can pe paraleld to have been done by any Christian people 13 The said lord-Lord-Justices and their adherents have against the fundamentall Lawes of the Land procured the sitting of both houses of Parliament for severall Sessions nine parts of ten of the naturall and genuine Members thereof being absent it standing not with their safety to come under their power and made up a considerable number in the house of Commons of Clerks Souldiers Serving-men and others not legally or not chosen at all or returned and having no manner of estate within the kingdom in which sitting sundry Orders were conceived and dismisse obtained of persons before impeached of Treason in full Parliament and passed or might have passed some Acts against Law and to the prejudice of your Majesty and this whole Nation and during these troubles Tearmes were kept and your Majesties Court of chief place and other Courts sate at Dublin to no other end or purpose but by false and illegall Iudgements Outlawries and other Capitall proceedings to
truth First as to their vaunt of 1300 yeares unalterable profession of the now Romish Religion It is most apparent in the learned Treatises of the Lord Archbishop of Armagh and otherwaies that for above 600 yeares within the said time of 1300 yeares the Religion professed by the Clergie and people of Ireland was more agreeable to the true Protestant Religion now by law established and by publique Authoritie maintained in that Kingdom then unto that Roman Catholike Religion as they call it which they doe now professe the free exercise whereof throughout that Kingdome they by their confederacie and oath of Association are to maintain and doe now by force authorize And for most of the time after the said 600 years the Religion professed in that Kingdome was far otherwise then now it is professed and practifed by these Confederates and some of their Ancestors for the Councell of Trent which ended about the yeare 1563. brought Articles of Faith into the Church farre different from the former Catholique faith And this new Religion of Popery is the Romish Religion which they call Catholike and is now professed by them And this is the great Antiquity of these Romanists present profession which they fay they and their Ancestors have so long unalterably professed though that also in so large an extent is utterly untrue for besides what is declared in the Statute lawes in Ireland enacted in the Reigne of King Henry the 8. and Queene Elizabeth expressing the detestation of those Paliaments against the Popes usurped authority in that Kingdome his wresting of Gods holy word and Testament to his worldly and carnall affection and entangling and troubling the jurisdiction and Regall power and much unquieting the people making that unlawfull which by Gods Word is lawfull and many such like expressions in severall Statutes which shewes the genius of the people of Ireland at that time It is cleere that since the Reformation in the latter end of the Reigne of King Henry the 8 in all the time of King Edward the 6. and Queen Elizabeth the Natives of that Kingdome Ancestors to these Confederates howsoever perhaps in mind popishly affected according to the ignorance of those times did generally without scruple resort to the Protestant Ceurches in all places where any Protestant Clergie could reside untill about the 13. yeare of Queene Elizabeth that the Bull of Pius Quintus was sent into Ireland And then began some persons of note to stand at distance But after that they did also generally come to Church both in Townes and Country till about the 30 yeare of Queen Elizabeth that the Spaniards wracked upon that Coast dispersed themselves into the Townes and severall other parts and left generally many evill impressions which caused some more wilfulnesse in Recusancie yet after that most of the Natives of Ireland all the residue of Queen Elizabeths Reigne for then there were few new English and most of the Reigne of King James partly by faire inducements and partly by the weake impulsives of the Statute of 2. Eliz. did still for the most part till of late yeares come to Church which is all that Your Majesties Government and Your Laws there do enjoyn them generally unto not offering to enforce the Conscience with torture death or otherwise as the Romanists doe Neither were they so unalterable in their supposed Catholique profession but that of late yeares severall of them even of noted pregnancie in the Doctrinal part did for a Majoraltie in a City or to save a pension in some times or some other imployment in others forsake their Masse for that season to come to Church Sir Philonty O Neal makes it more plain in his Letters of triumph to his holy Confessor that his purpose was conquest and not defence of Religion his Majesties Prerogative or their Liberties there being none there that offered any offence to either of them and for Liberty in their profession they had little or no restraint Vid. the epistle of Paul Harris Priest to P. Vrban the 8. in his booke intituled Fratres sobrii estoie An 1634. It is as hard to find what numbers of Friars be in Dublin as to count how many frogs therewere in the 2d plague of Egypt for they had by the patience of the Governours their titular Archbishops Bishops Vicar generall and provinciall Consistories Ecclesiasticall Deanes Abbots Priors Moncks Nunnes Iesuites Priests and Friers without number all officers proper to that Hierarchy and free use of Masse aswell in Townes as Country they not so much as in truth doubting or fearing any violent cruelty of the English knowing their nature and disposition as they did so as feare of being massacred for their Catholique Religion was not their motive for taking Armes as they fraudulently pretend It is utterly untrue that ever since the Statute of second Elizabeth the Catholiques of that Kingdome were debarred from places of honour and trust in Church or Common wealth for after that Statute many Noblemen of the old English were made Councellours who were bred in the ignorance of those times though afterwards they came to Church And after that Statute tenne severall Iudges of that Birth and education possessed successively all the prime Places of all the Benches of the Law and likewise all the Inferior Iudges of those Benches were of the same birth and education though afterwards most of them came to Church and the officers in Courts of Iustice and otherwayes were exercised by men of like condition the Malignity of Popery being in those times not discerned to be so perillous as of later times the Spanish Armado in 88 Tyrones Rebellion the Powder Treason this present Insurrection and many other treacherous and mischievous machinations and plots have discovered it to be T is true that about the 29. yeare of the Reigne of Queen Elizabeth upon the death of Sir John Plunket Chiefe Iustice of the Kings Bench Sir Robert Gardner was sent out of England who was the first English Iudge sent into that Kingdome in many yeares before And after upon the death of some of the rest a little before the end of the Raigne of the same Queen three more were sent thither and so from thenceforth as the rest dyed others were sent thither And how the reformation of the Kingdome and Your Majesties services were advanced before the comming of those English Iudges the Stories and Records doe shew And for the Natives of that Kingdome such as would conforme and come to Church were freely admitted to be Counsellors Iudges and Officers as many of them were and yet are Besides for matter of trust many of the Lords and prime Gentry of the old English though reputed Catholiques were throughout that Queenes time made Commanders of men in her Army and very many made chiefe Commanders in severall Counties and of the forces in those Countries All which time that Kingdome was kept almost in continuall garboyle and as well then as ever since her decease the Noblemen
will of those usurping Chieftaines And that Kingdome in a manner from age to age infested with continuall bloody insurrections and intestine commotions In which case it continued even unto the end of the Reigne of Queen Elizabth notwithstanding all that the English Governours sent by her coulde doe being assisted for the most part all that time with Irish Counsellors Iudges and Officers as is herein formerly metioned The Kingdom being held in great poverty and barbarisme notwithsTanding the vast expence of English bloud and treasure spent there by that gracious Queen and some of her Royall predecessors Neither could the Revenues and Profits of the Crowne in any of those times be advanced to above 11000 l. per annum and many times far lesse yea sometimes nothing at all And all it was advanced to was spent there besides the continuall exhaust of treasure out of England even to keep life in the few English that continued there obedient to the Crown and Lawes of England whereas on the other side since the beginning of the Reigne of the blessed King James and Your sacred Majestie successively Vid. Statute 11 Iac. c. 1. in Ireland for the benefit of Law and English government by His and Your wise and pious couduct and direction the English Governours with the assistance of English Iudges and officers have wholly abolished and removed all those Irish powers and jurisdictions and placed the dependencie of the people entirely on the Crown setled and secured a Legall property in every subject of their lands and goods bringing them absolutely into the state of free subjects utterly rased out the Irish Gavelkinde and Tainstry the very pest of the Nation the Farmers and Yeomanry being formerly scarce able out of the earth to gaine meat and sustenance for themselves and for idle Gentry and unimployed youth They introduced Civilitie peace and legall obedience to your Majestie throughout that Kingdome dispersed English habitations and manurance in all parts and Provinces even formerly the most rude Irish and uninhabited who built and erected Corporations and civill societies set up Markets and Faire for Commerce built and placed Churches bridges cawsies and passages gaoles Session houses Schooles for education of youth and thousands of Castles and houses of stone and brick for habitation and defence as did also then by their example many of the old English and Irish which were civilized besides foure walled Townes built in necessary places now since that Rebellion begun maintained for your Majestie by Garrisons They caused inclosures of lands planting of Orchards and Gardens and drayning of Bogs in all places as farre as time could permit They also brought in English habit language and usage and the full and universall exercise of the English lawes in all parts of the Kingdome turning all not formerly turned into Shire grounds setting known limits to all the Counties and Baronies thereof Into all which Iustices of Assize and Gaole delivery were halfe yearely sent for the happy and orderly administration of Justice and setling mens properties Whereas before the Reigne of King James the Iudges could travell no where but in the Pale and that not ordinarily because of Rebellions They placed Sheriffes Iustices of Peace and all Officers of Law in each County well instructed to execute their offices They caused estates for lives yeares and otherwayes to passe between Lord and Tenant for comfort and settlement of the people who were before generally Tenants at will in all parts And by commixture of new English and old English with Irish established indifferencie of Tryall by Iurie in most parts which before by reason of combined Irish Septs and the power of Irish Lords could not be They caused the Irish and others to live in Town-Reads not wandring with their cattell and creates dispersedly and barbarously in mountaines and wastes as formerly They enchartered the Townes and Corporations with enlarged and necessary Franchises Liberties and Jurisdictions aswell for government as ornament and benefit to the great enriching of those Inhabitants and increase of Merchandise they setled a learned Protestant Clergy of all degrees in all the parts of that Kingdom and Ordained the Consistories in a Legall form They caused to be enacted Laws for the course of Justice and quieting mens Estates and Interests agreeable as far as was necessary to the Laws made in England since the 10. of H. 7. They reformed the exorbitancy of Sheriffs who after the Captainships were taken away did in many places succeed them in extortion and oppression They had setled an Army of 2000 foot and 1000 horse intended to be English who tooke nothing of the Country without ready money and a competent Navy to guard the Coast all paid there without charge to England And lastly they had advanced your Majesties Revenues certain and casuall from under 8000 l. per annum as it was when King James began to above 85000 l. per annum besides a great gaine the Farmers of the Customes had for a few yeares to come and all this done with little or no charge to England And as an addition of blessing to all this the people generally by this meanes did wonderfully increase in riches and substance far beyond all other times Rents raised as high as in many parts of England where before lands yeelded little or nothing The breed of Cattell of all sorts wonderfully enlarged bettered and prized and infinite numbers of cowes horses and sheep with very great quantities of wooll yearely sent into this Kingdome and corne multiplied in all parts which redounded to the benefit of the Natives equally if not more then to the English as may appear as by many other things so particularly by the large mariage portions given by the Lords Gentry and others with their daughters ten times above the rates of former times dowries and joyntures of wives and purchase of lands proportionably encreased Mony let at Ten in the hundred at most whereas formerly it was at 15 l. 20 l. and 30 l. and sometimes higher And lastly whereas in all Queen Elizabeths time they could give her but one Subsidie and that but a meane one of 13 s. 4 d. out of every plough-land occupied or manured to continue for ten yeares very few Subsidies having beene granted in Ireland to any former Kings that Subsidy of Queene Elizabeth by reason that the Townes and Corporations were by a Statute freed and that divers exceptions of Gentlemens estates and other waies were incerted and that great quantities of the Kingdome were in the hands of the Irish not till then divided into Plow Lands much whereof was never so done and lastly by reason of the Rebellions of those times did never amount to any considerable summe now in the happy and plentifull Raigne of Your Majesty they were able to raise and grant unto Your Majesty ten Subsidies of one and forty thousand pounds each Subsidy and some of them 45000. l. besides Lords and Clergy over and above great contributions
to the notice of all Our will and pleasure is that any whatsoever Copies or Transumpts whether written or printed that are subscribed with the hand of a publick notary and which have the seale of some eminent Person in Ecclesiasticall dignity affired thereunto be of the same force power and authority and have the like credit in every respect given unto them as would be to these our principall Letters if they were shewen and exhibited Dated at Rome in the Vatican or St. Peters Palace the 25 of May 1643 and in the twentieth year of our Pontificat M. A. Maraldus THe Recusant Lawyers on the other side secretly infusing into the credulous Irish and many old English pretended grievances and quarrells against your Majestie and your Government and the English Iudges and officers which pretended grievances even those Lawyers themselves knew to be of no importance towards any prejudice to the Kingdome in generall and which they well faw the English Iudges and Officers were most earnest to redresse and did it as fast as could be being to strive against such irregularities and reluctances as they found when they began And to prepare for this Rebellion they did in the present Parliament declare that killing in rebellion was no forfaiture of lands though the Law was heretofore held other wayes and much of your Majesties revenew stands upon that Title And for petitionary wayes and some other illegall parts in the Government the Popish Lawyers now chief leaders of the Remonstrants were the chiefe practizers at Councell board and most solicitous to lead the people into those wayes to flatter the Governours All which they did of purpose as it now appeares to poyson the minds of the people and to heape up matter whereout to gather discontent in them against your Majesty and your Government that when the Clergy could worke in them a grounded hatred to the Protestants and gaine in their hearts a further loathing of English Government how just and profitable soever both might meete towards destruction of the Kingdome in a Warre as they have now brought to passe And yet if a thorough Scrutiny were made and the state of that Realme with other Kingdomes notwithstanding their loud clamors of pretended Grievances no such enormities or abuses will be found to have been there when the Rebellion began as do exceede others in forraigne Kingdomes but rather farre lesse and not any such as might stirre up such implacable malice and hatred against your Majesty and the English Government and nation as now they shew Besides it is observable that in the Protestation and Declaration of the Lords and Comons in this Parliament of Ireland they do protest and declare that that Kingdome at the Earle of Straffords first comming to that Government was in a flourishing wealthy and happy estate and that for many yeares past before his coming the Government was Laudable Mild and Legall and yet in some Prints they now call it Tyrannicall for forty yeares past Touching the opposing of the graces this is as untrue as the rest for as to the graces in the fourth yeare of your Majesties raigne they were allowed the benefit of them for the most part as in particular THe placing of the Souldiers in Garrisons and ordering them so as they were no burthen to the Country neither were they from thenceforth used to collect Your Maiesties rents other then those graces allowed and that rarely The licences for retailing Ale and Beere were called in and so remained till setled by Law Orders were made for regulating the Clarke of the Market The imposition upon the short Plowes ceased untill a Law was made for it and the penalty of that Law also forborne at the motion of the Lords in Parliament Limitation for Tanning of Leather quite taken away Free Libertie given for Transportation of Corne Tallow Hides Beefe and other Commodities Bishops and Abby Liberties in Townes did contribute with the Townes Creation money allowed to Lords who had it graunted to them by Patent Liveries Ouster Lemaines c. past without Oath of Supremacy notwithstanding the Lawes then and now in force otherwayes ordeyned Divers Lands in Connaught put out of charge on those graces Rates of Compositions observed Commissioners of the Country appointed to ioyne with officers for inquiry and all other directions mentioned in the graces concerning the Court of Wards were obeyed The ordering of Fees of Officers in Court was left to the Parliament who tooke paines in it through not fully finished Estates of undertakers in Vlster were confirmed according to the graces and no man denied it that sued for it The Recusant Lawyers without taking the Oath of Supremacy admitted to the barre and all others to practize as Protestants were The Plantations of Longford Leytrim c. had their allowance of two years for performance of Covenants as was required The towne of Athlone had time given them as in the graces was commanded The Iudges were required to take order for summoning of convenient numbers of Iurors at Assizes and Kings Bench Not to allow accusation and testimony of infamous persons convicted of treason for evidence Not to bind over Iurors in case of tryall betweene subiects To dispatch poore mens causes in Courts Not to assesse Recompence upon robberies Not to bind over Witnesses upon Tryalls and to forbeare Reprivalls except upon case of necessity All which were observed by the Iudges as farre as might be The Bishops were required to take care that Pluralities should not be bestowed on unqualified or unworthy persons which was observed generally Provost Marshalls were forborne in all places except upon rare occasions of necessity and commonly at the suite of the Country while the necessity required and then to cease The Scottish men were generally made Dennizens either by Patent or Act of Parliament and none were refused it and now lately all the residue naturalized by Act of Parliament Strict course was taken to recover Vicaridges out of Impropriators and Laymens hands many recovered and where no Vicars were the Impropriators compelled to give good maintenance to Curates Protections against Iudgments in Courts and Decrees in Chancery very rarely graunted Corporations were Assessed towards contributions and other Country charges Order was given for Sherifes Fees as well in Leets as for removing possession and for effecting their Fines by Iustices of peace which was observed so as it was not complained of The Exchequer was commanded to proceed touching Custodiaries as was required by the graces and not to compell possessours to plead to charges upon Patents graunted to strangers All which was observed Warrants of Assistance to the Clergie were wholly forborne only in one Diocesse of Downe foure yeares since or thereabouts which was called in And in effect all those graces were yeilded unto and allowed as fast as the times could permit Except the enrolling the surrenders of Connaught and granting away those lands and Tenures and except the limitation of Your Majesties Titles above sixty
from the Lords Justices Notification to be given to the Countrey of your Majesties goodnesse and bounty intended and shewed to the people which might have tended to their great satisfaction Whereas the Lords Justices never denyed them any such thing But De facto did forthwith write to all the Ports in the Kingdome with briefes of those graces concerning matters of Customes which that season most required Commanding the Officers punctually to obey those his Majesties directions They also published Proclamations for the sending away of Wooll and what Customes was to be paid for the same And sent severall Letters to all the Ports of the Kingdome to publish the same And sent warrants for free entries of all Tobacco brought in or to be brought in at all the Ports and what Custome to be paid They gave order for drawing a Bill for repeale of the preamble of the Act of Subsidies They also desired Sir Iames Montgomerie and Sir William Cole two of the Committee then returned if they could overtake the Assises in the Counties of Vlster to give publicke notice to all the undertakers what your Majestie had graciously granted and intended to them which they undertook to doe They had formerly sent over the Bill for the generall pardon which was all that for that short time could be done specially the Terme and the next Session being so neere aswell for passing the Acts then newly come over as upon deliberate consultation in the meane time to prepare for an orderly execution and publication of the rest of those graces Most of the rest of the graces being to be executed there in Dublin and in the Courts The Committee also and the few others of the Members of the House remaining then in Dublin being very urgent to goe to their houses which they suddenly did But it appeared soone after that those Remonstrants and their party had other intentions and determined to be their owne carvers aswell of your Majesties Rents and Subsidies then in the Collectors hands as of all the goods substance and estates of your Majesties Brittish and Protestant subjects which intenon they within a few dayes after fully put in practise As to the prodigious tale mentioned in the eight Article of dangerous 8. Article and pernitious Petitions to the Parliament in England pretended to be contrived by the foure persons named in this Article and signed by many thousands of a malignant party which Petitions they say were made knowne at Assizes and other publicke places containing as they pretend matters destructive to the Catholiques their Religion lives and estates This allegation exceeds all the rest in malice and untruth and certainly if ever there were such a Petition as there was not it is wonderfull being signed as they say it was by many thousands that to this houre no Copy thereof can be shewed by any But these Remonstrants care not what detractions how untrue and improbable soever they print or publish against those they hate for the truth is those foure persons never contrived or advised joyntly or severally and such Petitions or indeed any Petitions to that Parliament But to open this Trojane Hourse the truth is That about the thirteenth of August 1641. The Lords Justices and Counsell having intelligence out of the County of Tyrone that a Petition to the Parliament of England framed as it after appeared by some Protestants in Dublin was carried up and downe in those parts to gather hands their Lordship 's not knowing what it was and doubting it might be some such thing that might breed distemper in those Inhabitants Did by their Letter dated the said thirteenth of the same August pray and require the Lord Bishop of Clogher to take that Petition and carry it to the Justices of Assize then in the Countrey and to wish them to proceed thereupon as they should thinke fit according to law And after the Assizes ended to send it up to the Lords Justices and Counsell All which was done and the Petition then sent up and ever since remaines in the hands of the Clerkes of the Counsell Now lately in the yeare 1643. it was discovered to the Commissioners for Ecclesiasticicall causes That one Partington of Dublin had a Petition framed in the name of severall Inhabitants in and about the Citie of Dublin and some few parishes within the Diocesse of Laughlyn whereupon he being cited and examined produced the draught of that Petition which upon view appeared to be the same in substance with that which remaineth in the Clearke of the Counsells hands which Petition contained no matter destructive to the said Catholiques their Religion lives or estates but doth rather lay accusations of some disorders and remissnes in the Protestant Clergie as appeares by the Copie of the said Petition which followeth in these words To the Honourable the Knights Citizens and Burgesses of the Commons House of Parliament assembled in England The humble Petition of severall the Protestants inhabiting and now residing in and about the City of Dublin and in some few Parishes within the Diocesse of Laughlin and Fearnes in the Realme of Ireland In all humblenesse sheweth THat whereas the Protestant Religion was generally received in the said Realme of Ireland in the beginning of the raigne of our late Soveraigne Lady Queene Elizabeth of famous memorie as by severall good Lawes and Statutes then made and established by Parliament for restoring the Crowne to the Antient Iurisdiction over the estate Ecclesiasticall and Spirituall for abolishing all Forraigne power and authoritie out of the said Realme and for uniformity of Prayer and administration of the Sacraments within the said Kingdome may appeare By which Lawes all Ecclesiasticall persons and Officers Iudges Iustices Mayors and temporall Officers are enjoyned to take the Oath of Supremacie and all persons mhatsoever required on Sundayes and Holidayes to repaire to Church upon the severall paynes therein limited and expressed And whereas ever since the making of the said Statutes it hath beene the care of our dread Soveraigne the constant Defender of the Faith and his most noble Predecessors tohave his people governed according to those and other the laudable Lawes of England and Ireland And whereas both the Protestants Clergie and Laitie have heretofore contributed to his Majesties occasions towards the free Gifts of one hundred and fifty thousand pounds and likewise by an other gift of one hundred and twenty thousand pounds more during the Government of the Lord Viscount Fauckland as largely as the Papists and after in or about the next ensuing Government of Lords Iustices to the Gift of forty thousand ounds and the Protestant Laytie likewise contributed to the six intire Subsidies in the tenth yeare of his Majesties reigne which Subsidies in the Collection amounted to two hundred and fiftie thousand pounds besides the eight intire Subsidies of foure shillings in the pound granted to his Majestie the same yeare by the Protestant Clergie In all which payments as in all other publike charges
the Popish Clergie contribute nothing notwithstanding that they have their duties from all the people duly payd them with great summes of moneys left unto them by the death of such as are Papists and by their doctrines of penance and Purgatorie and such like grow farre richer then the Protestant Clergie Yet so it is may it please your honours That after the payment of the said summes of One hundred and fifty thousand pounds and one hundred and twenty thousand pounds the popish partie only was advanced by stay of Execution of the aforesaid Lawes contrary to his Majesties pious intention as your supplicants verily beleeve And whereas in the Government of the said Lords Iustices when the Iudges of Assize in their severall Circuits twice had put the said Lawes in execution against the Papists and thereby brought multitudes to Church who were glad of that occasion to bee freed from the intollerable exactions of the popish Clergie even then about the time of payment of the said forty thousand pounds the said proceedings against the Papists were againe stopped since which time during the Government of the late Lord Lievtenant notwithstanding the said Subsidies both of the Clergie and Laitie Poperie hath beene countenanced farre more then the Protestant Religion they having libertie in the said Citie and in all other parts of the Kingdome to Marry Burie Baptize Communicate after their owne wayes professe their orders we are their severall habits meet in great numbers exercise all manner of Forraigne jurisdiction and Superstitious Ceremonies wthout giving any accompt for the same they having divers Fryaries and Masse-houses that were formerly suppressed by precedent Governours restored to the pretended owners which with other publike Masse-houses newly erected and furnished with Images and Altars are imloyed in the exercise of popish Religion both in the Citie and Countrey And likewise by their Titulary Bishops Dignitaries and numbers of parish priests farr exceeding the number of the Protestant Clergie with many thousands of Iesuites and Fryers the Emiscaries of Rome that swarme through all parts of the Citie and Kingdome especially since the late Proclamation of England against the Papists they have not only impoverished the Kingdome but amongst other their pernicious Doctrines that there is no salvation but in Communion with the Church of Rome and subjection to the Bishop of Rome have so seduced the people and insnared their consciences That no Papist that is made Iustice of Peace Mayor Sheriffe or other Officer will take the Oath of Supremacie And yet they are in all parts of the Kingdome admitted to the said Offices without any such Oath administred unto them and thereby the principall meanes provided for the execution of the said Lawes is taken away And your Supplicants likewise shew that the flourishing estate of the true Protestant Religion hath not beene ecclipsed by the popish Clergie only but by reason that in most parts of the said Kingdome there is many Parishes that have no Minister to read Service others that have no Preaching Minister others that have such Preachers as are very scandalous in their lives and many of the Clergie that suffer their Wives and Children to goe to Masse Besides in most places there is no sufficient maintenance for the Ministrie Yea and some of the Protestant Clergie advance to places of Dignitie in the Church instead of opposing Popery have brought divers popish superstitions into the Protestant Churches Turning Communion Tables into Altars bowing before them worshipping towards the East exhorting the people to confesse their sinnes to a Priest as a matter necessary to salvation with other such like Innovations for which there is no low nor Connon and alsouncharitably if not cruelly prosecuted divers of the Protestants both Clergy and Laity in the high Commission and other Ecclesiasticall Courts and Iudicatures for pretended non-conformity thereby causing some religious Ministers and people to flye the Kingdome others to take the Oath Ex officio against Law and equitie committed others to close prison who refused put downe Lectures discouraged some that kept them or that preached on Sundayes in the Afternoone So that betwixt the Popish faction and those of the Protestant Clergie ill affected as aforesaid being both incouraged under the late Government many Protestants have beene seduced some to popery others to superstitious practices and many others discouraged and full of feares of a change in Religion and not a few unstable in Religion become Newters or Atheists while the Papists thoronout the said Citie and Kingdome have and still doe not in corners only but publikely flocke to and from Masse as ordinarily openly securely and in as great yea greater numbers in some places by fourty to one then others goe to and from the Protestant Churches to the great dishonour of Almightie GOD the derogation of his Majesties Lawes and Authoritie the danger of those poore soules that are either seduced to or hardned in Idolatrie whereby it may appeare that the Papists in all things have bad that freedome for the time past that the Protestants could not obtaine And for the future the Protestants have just cause of feares that the Papists of the said Kingdome though in themselves peaceable yet by the instigation of their Clergie with the multitudes of discontented Iesuites Priests Fryers and others That since the said Proclamation came to them out of England are now more then ever labouring to advance their owne partie depresse the Protestants and hinder Reformation In tender consideration of the Premisses and to the end of the Lawes enacted against Poperie may for the time to come be duly executed throughout the said City and Kingdome the Popish Clergie banished the Masse houses seized or abolished the poore seduced people reformed and all unlawfull designes of the Papists against the Protestants prevented And to the end that all non-preaching and scandalous Ministers in the Protestant Church may be cast out all Innovations suppressed a speedy course taken for time to come that every parish may have an able and painfull Ministrie with meanes sufficient provided for their maintenance that such of the Clergie as are orthodox painfull and unblameable in life may be encouraged and preserved from contempt That all uncharitable prosecution of the Protestants as aforesaid may be stayed And the causes of all the aforesaid evils so searched into that they may for ever be prevented throughout the said Citie and Kingdome May it please this Honourable House for the glory of GOD the honour of our dread Soveraigne and welfare of the said Citie and Kingdome to take the Premisses and every circumstance thereof into consideration So that the poore Kingdome of Ireland may be made partakers of a blessed Reformation with the Kingdome of England by such meanes and in such manner as this honourable House and happy Assembly shall conceive to be most meete And your Supplicants will ever pray c. Copia vera Exem per Jo. Pue No. public Re. And of some disorders and
remisenesse in the Protestant Clergie the said Partington was dismissed in that Court upon hearing therof neither were the Lords Justices and Counsell or any of the parties being of the Counsell mentioned in this Article acquainted with the framing of the said Petition And whether the Petition was delivered to the Parliament in England or no was not knowne there only the said Partington saith that that Petition was about the 22. of October 1641. presented by him to the Parliament in England which could not be a motive to this Rebellion which began that very same day at night neither did any thing ever ensue thereof What Sir Iohn Clotworthie did or expressed in that Commons House against Catholiques was not knowne to the Protestants of Ireland nor is it materiall neither is it beleeved that any thing was there moved plotted or contrived against those Remonstrants or that that Parliament resolved any such destructive course against them till they had declared themselves in the late horrid Rebellion and massacred robbed and spoyled your Majesties peaceable and conformable Brittish and Protestant Subjects But the Remonstrants doe practise by confounding of times to gaine some cover for their inhumane perpetrations For their other fearfull speculation of the deplorable and desperate condition they were in by the above mentioned Statute of 2. Eliz. which they seeme to wonder at as a thing lately found amongst the Records there but never executed in that Princesse time nor discovered till most of that Parliament were dead By the danger of which Statute they say no Catholique in that Kingdome could enjoy his estate life or liberty if executed To this it is to be answered that severall Statutes were enacted in that second yeare of that glorious Queene And which State it is that those Remonstrants do to much tremble at is not here understood But it is beleeved that those Remonstrants pretend to find themselves so much greived with the first Chapter of those Statutes first for that it was made principally to repeale the Statutes made by Queene Mary wherein that Queene repealed all Lawes made by King H. 8. against usurped forraigne power iurisdiction and authority and to sett up some other authorities and judicatures in the Church the mischeifs and inconvenience whereof are in that Statute of secundo declared whereunto is to be added that the continuance of such a forraigne power in matters Ecclesiasticall would utterly banish all Protestant Subjects out of that Kingdom and leave your Majestie few good Subjects there for that the Popish party being dissolved from their iust dependancy on your Majesties authority in matters Ecclesiasticall which in true consideration concernes the halfe of your Majesties Royall Soveraigne will apply themselves for all matters of spirituall cognizance to the Pope in whose power it may be to discharge them from alleigeance in civill causes as he hath often done to other Princes which he will not spare to doe for his advantage and to keepe on foot his old claymes And in the second place to restore to the Crowne the Ecclesiasticall jurisdiction which of right belongeth thereunto And to authorize apt Ministers for ordering and dispensation thereof for the better eschewing those mischeifes both to Prince and people and to revive certaine Acts repealed by Queene Mary And for the penall part thereof against such as shall maintayne and defend the authority preheminence power or jurisdiction spirituall or Ecclesiasticall of any forraigne Prince Prelate Person State or Potentate It is to be answered That that Statute is not introductive or maketh any new cryme for that offence was formerly Treason by the law for the first offence But that Statute mittigateth the severity of punishment and maketh it not Treason till the third offence committed after the second conviction and attaynder and giveth a great releife to the offendors touching the time of prosecution so that the Subjects terror is lesse then it was before The residue of that law appointeth what manner of persons shal be fit for promotion in the Church or imployment under your Majestie in civill affaires and how Liveries shall be sued by your Majesties Tennants the restriction whereof is in your Majesties hands to moderate at your gracious pleasure wherein they have of late had good experience of your princely clemency And have little cause so to exclaime against your Majesties Lawes as destructive to their lives estates and Liberties If those Remonstrants do so startle at the second Chapter of that Session It may well be said here is a great noise of danger but little hurt done and concerning these two Statutes they were no such concealed things for they were printed amongst all the Statutes of the Kingdome then printed about the 16 yeare of Queene Elizabeth when few of those Parliament men were dead and they were put in execution severally soone after the Statutes were made and long before that Queene died as appeares by the Records extant Only for the second Chapter it may be said that it was not so frequently put in execution for certaine yeares after the Statute made because all men for the most part in that Kingdome when there were any intervalls of peace did come to Church though many of them went to Masse also Recusancy was little then heard of or in many yeares after as is before declared But when Recusancy began over boldly to looke the Government in the face and that not only but many euill effects of Popery began to be dangerous to the safety of the Kings Majesties good people and government Then that Statute was at severall times put inexecution yet without danger to any mans life or estate neither is there any thing in that Statute that may threaten any mans life or estate the most binding part of that Statute being but to settle and maintaine the booke of Common prayer and other Orders Ornaments and Ceremonies in the Church and Churchmen and requires all subjects aswell Protestants as Papists to come to Church every Sonday and Holy day having not lawful cause of absence upon paine to forfeit 9d for every such daies absence And that limmited to an indictment to be found at the next Sessions or Assizes after the offence committed unlesse men would wilfully abuse themselves aswell towards God as the authorized Church and government In which cases other penalties are appointed not reaching to life In which Statute also are other favourable clauses for the ease of the people farre from provoking those Remonstrants to enter into the late hatefull conspiracy against your Majesty your Lawes and iust prerogatives or to commit such outragious cruelties upon your Majesties Brittish and Protestant subjects as they have done The same Lawes being now in force here in England and much more sharpe against Papists and these Lawes in Ireland have now bin in force above fourescore yeares yet no man ever lost his life or estate upon either of these Lawes nor Liberty for any long time yet do those Remonstrants from this
in them about that time was Sir Phelomy Oneale made generall of the Catholique Armies as they then called them in the Provinces of Vlster and Meath a County of the Pale On the same four and twentieth day of November 1641 was the house of the Lord Moore called Mellifont three miles from Drogheda surprised and taken by those rebels and many men murthered there in cold blood About the same time also intelligence came from severall parts to the Lords Justices and Counsell that many more younger brothers and sonnes of the gentry and their servants and most of the inferior Inhabitants of the County of Meath beyond the river of Boyne and many on this side that river and many in the County of Dublin on that side the County next Meath had robbed and spoiled all the Brittish and Protestants amongst them and many such acts were freely done within few miles of Dublin the prime gentry most of them Justices of the peace looking on in all places and giving way to those hatefull actions and no course taken to resist or represse any of those insolencies notwithstanding the Commissions of government and of Marshall Law given to many of themselves as is before mentioned On the 22 of the same November great numbers of the Northerne Rebels having without touch passed the County of Lowth shewed themselves on the North side of Drogheda On the 26 and 27 of the same November great number of the Northern Rebels were lodged in Slane the Mansion of the Lord of Slane in the heart of Meath and possessed themselves of that bridge the chiefe passage into the hither part of that County and the County of Dublin by examination it appeareth that on the same 27 of November at night the Lord of Gormanstons Groome was sent and raised those Rebels out of their beds to encountrr the six hundred Foot sent by the Lords Justices and Councell towards Drogheda for further strengthening of that Towne with whom the 28 day of the same November the same Northern Rebells and others met and defeated the said six hundred men neere Julianstowne being undisciplined men newly aaised and took their Armes about the end of that November great numbers of the Irish and some of the old English of the Counties of Wexford Kilkenny and Catherlagh passed over in boates into the County of Waterford in Munster and there committed murthers and great spoiles and rapin on the British and Protestants in that County and sent over great numbers of Cattell and other spoile about the beginning of December 1641. And in part of November before many of the inferiour Inhabitants and some of the Gentry made the like spoile of the British and Protestants in the County of Kildare About the same time very many of the old English and Irish were in rebellion about Rosse and Wexford in the County of Wexford Before this time also they had publike Masse in many Churches in the Counties of Meath and Dublin And about the 27 of November aforesaid the walled Towne of Trym in the heart of Meath was seized on by the Rebels and many of your Majesties Subjects murthered there About the beginning of that December were the British and Protestants in the County of Kilkenny robbed and spoiled by the Gentry and Irish Inhabitants Papists of that County and in the same moneth the Lord Mountgarret having drawne a strength of Irish Armed into the City of Kilkenny stood by while the English there dwelling and such as came thither for safety were spoiled and pillaged On the 1 and 2 day of December aforesaid the Northerne Rebells in great numbers were lodged and entertained in the strong Castle and Village of Platten in Meath on this side the Boyne about two miles from Drogheda belonging to Nicholas Darcy Esquire About the last of November or the first of December aforesaid the Northern Rebels and those of the Lowth and Meath in the Pale who assisted them were set downe in Leaguer round about Drogheda on both sides the River against whom the Inhabitants of Meath or Dublin made no manner of resistance About the 4 day of the same Dublin met with the Northerne Rebels at the Hill of Crofty al' Grofty not farre from Drogheda the manner of whose entercourse was this the Lords and Gentry of the Pale being on the said Hill of Crofty the Northern Rebels lay in great numbers neere the Hill and espying the said Lords Gentry some of the Northerne Commanders came to them thereupon the Lord of Gormanston in the Name of the Lords and Gentlemen demanded of the Rebells wherefore they came in that hostile manner into the Pale whereunto answer was made by Rowry O Moore called a Colonell among the Rebels in name of the rest that they came for the free exercise of the Catholick Religion to restore the King to his Prerogative and to give the Subjects of Ireland the like freedome as the Subjects of England had thereupon the Lord of Gormanston said if those were the true grounds of their warre they meaning the Lords and Gentry of the Pale would joine with them and so the said Lords and Gentry and the said Rebels strooke hands It is also testified that certaine dayes before this generall meeting divers prime Gentry of Meath and the chiefe Officers of the Rebels had a meeting at Duleeke on this side the Boyne in Meath and that a few dayes after this meeting at Crofty aforesaid all the Lords and Gentry of Meath and divers of the Northerne Rebells had another meeting at the Hill of Taragh in Meath where they determined on the maintenance of the Northerne Rebells during the Siege and what provision of Beeves and Corne should bee raised on the Country for every hundred of the said Rebels which was done accordingly by their Warrants the Sheriffe of that County called Nicholas Dowdall who was with them in Rebellion obeying them in all things And soon after another meeting the said Lords and Gentry made choice of new Generals of Foot and Horse and other Officers of the Field and Captaines in that County and appointed who should be chiefe Commanders in each Barony and what number of men should bee raised and maintained out of each Plow land in that County of Meath aswell to joine in the Siege as to fight with any other your Majesties Armies which were conceived to amount to two thousand men whereas in six weekes before at the instance of the Lords Justices and Councell they could or would not raise five hundred men for the defence of the County against the Rebells which with seeming great forwardnessE they at first promised to doe and for whom five hundred Armes with Munition answerable was appointed by the Lords Justices and Councell and the Armes sent as farre as Gormanston and there kept till upon notice of the Rebells comming into the Countrey the Lords Justices and Councell suddenly convaied them to Drogheda which the Lord of Gormanston pretends to be done by his monition Though
Province so farre was it from the Lords Justices to irritate or grieve any of them with passionate or needlesse cruelty neither was there any violence offered to any person of what profession sex age or condition soever in all that time in that province The Lord President rather blamed the Lords Justices and Councell for their milde course towards the Rebels of other parts not thinking the Conspiracy to bee such as they found it and thinking a sharpe persecution would soon quell it wherein hee both mistook their generall combination which hee after found and the Lords Justices inability to set upon it with that vigour that had been requisite The Lords Justices and Councell also sent him directions to authorize prime men in each County to Command the forces of the County and sent him Commissions for martiall Law to bee given to men of quality of the Natives and others of purpose to settle the peace of the Country and prevent rebellion if it might bee The first occasion that necessitated him to use force was about the beginning of December 1641. when the Rebells of Wexford Kilkenny and Katherlagh came over the River to prey and spoile in the County of Waterford before mentioned whither he made hast to encounter them and whom though he was farre inferiour in number he discomfited and slew many of them and executed others and recovered much of the spoile which he caused to be restored to the owners In this action he found many of his Provincialls to whom hee suffered no hurt to bee done supposing they came thither for saving their goods not then beleeving the Conspiracy to bee such as soon after hee found it The second disturbance which hee heard of was in the County of Tipperary where Mr. Purcell called the Baron of Loghmo had stirred and set on the Irish in great numbers to rob and spoile the British and Protestants which they arrogantly did thither he went the ninth of December aforesaid with such small forces of the English as he then had for hee then wrote he found cause to trust very few Papists and there finding where the spoiles were made he pursued therebels and such as he found in the act and the Protestants Cattle in their hands he slew and executed and burnt two or three Villages hoping by that quick course to stay and terrifie others There hee rescued great store of Cattle of all sorts to the owners soon after did the Inhabitants of all sorts rise into rebellion in severall parts of the Provinces and before the end of that December did all the Irish and Old English Papists in the County of Tipperary and Limberick forsake their Allegiance and with them joyned many prime men and others our of Ostery and other parts of Leinster and murthered spoiled and ransacked all the English and Protestants upon these extremities he had by warrant of the Lords Justices and Councell raised a thousand Foot and some Troopes of Horse but wanted Armes for most of them which the Lords Justices were not able to furnish having delivered to the Lords and Gentry of the Pale and others in Leinster for their defence as many as possibly could be spared so as he was in a very ill condition till some forces arrived there out of England which was in February 1641. And then and not before did the Lords Justices and Councell require the Lord President to prosecute those wilfull Rebels with fire and sword as was fit so farre as he was able The Rebellion afterwards increased upon him in all parts and when about the end of February he published and shewed to so many prime men as he could your Majesties gracious Proclamation under your Royall signature and Privie Signet for laying downe Armes they rejected it some saying it was counterfeit others that it was done by coertion By all which fully appeares both that noble Gentlemans moderation and the Lords Justices and Councels avoiding all unjust Provocation at least that they were not set upon those wayes of unreasonable cruelty unjustly charged on them by the Remonstrance and that those Inhabitants were not forced to stand on their defence his case being onely to defend himselfe against them if he could which with great hazzard of himselfe and your Majesties affaires in that Province he was driven unto considering his weaknesse in men and other meanes and their excessive numbers rebelliously gathered together and armed by a long Provision underhand and furnished with the wealth of all the British and Protestants being very great in that Province which they suddenly and traiterously seized upon Touching Connaught the report must bee farre different from that of Munster although the Remonstrants say it was used in the like measure which shewes that they are the same in bold affirmation howsoever the probability or case differeth When this Rebellion began the Lord President of that Province was in Dublin and saw the moderate and winning course used and intended towards those of the Pale and Leinster by the Lords Justices and Councell about the beginning of November following hee went towards Connaught where at his comming to Athlone hee found much disorder in the Province hee found very many of the inferiour Irish and some of the Gentry in rebellion in the Counties of Roscomon and Sligo and that they had murthered robbed and spoiled the British and Protestants dwelling among them hee entred into a faire course of Treaty and perswasion with the prime men of the severall Counties not then in rebellion presuming in some alliance and former private friendship and interest amongst them which prevailed little as hee after found Hee had no strength to resist them there being but one Troope and a halfe of Horse most Irish in the Province whereof hee could make little or no use And six halfe Companies of Foot whereof one was surprized and lost their Armes and one drawn away to Dublin and the rest so dispersed and ingaged in Leytrim then totally in Rebellion as hee could make little or no use of them by which appeares hee was in no case to use cruelty against the people or put them to defence nor so much as rescue the poore British and Protestants in their goods out of the hands of the ravenous Rebelst neither were the Protestant Inhabitants of that Province any way able to defend themselves being not armed against such swarmes as assaulted them The Lords Justices and Councell sent down Commissions of government to the prime Natives in the severall Counties viz. to the Earle of Clanrickard to the Lord of Mayo Lord of Costilo and others and Commissions of Martiall Law to other Natives of best choyce of purpose to prevent disturbance as much as might bee and to stay the people But so little prevailed all the Lord Presidents lenity and swasory courses and the care of the Lords Justices and Councell to avoid any offence or rigid usage towards them as within the Moneth of December most of the prime men of the Province declared
demands in our former Petition and humble motions to your Lordships exprest for the Licence and recommendation of our Agents and Petition to his sacred Majesty as that the cause of our Religion of our selves and our Posterity whereof his Majesty is so abundantly earefull his Majesties honour and service so much concerned therein may not suffer through delay or want of true and full information which your supplicants humbly conceive cannot bee without particular persons as Agents from the severall parts of this Kingdome to that end chosen by those who have now suffered to solicite and wholly attend the same And they shall ever pray c. 19 Octobris XIX Octob 1643. THe answer which on the twelfth of this moneth we gave to a former petition concerning this matter exhibited at this board In the name of divers of His Majesties protestant subjects of Ireland doth sully answer the requests of this your petition to which we can now adde That such is our care of the petitioners as that on the same day we gave them that answer We signed letters directed to Mr. Secretary Nicholas and inclosed therein their petition to Us and we have by those letters earnestly entreated Mr. Secretary that with all convenient speed we may understand His Majesties gracious pleasure therein which we shall readily obey and if the Petitioners shall think fit to send any to attend His Majesty as we shall not hinder them or any other from making their humble applications to his Majesty in any their occasions so we hold it agreeable with our duties to forbeare our recommendation for the reasons expressed in our said answer of the twelfth of this month untill we first understand his Majesties good pleasure therein Jo. Borlaso He. Tichborne Ormonde Roscomon Ant. Midensis Cha. Lambert Geo. Shurley Fra. Willoughbyâ— Ja. Ware Tho. Rotheram Whereupon Sir Sichard Bolton Knight Lord Chauncellor of Ireland upon the delivery of the said Copy at the councell board said that the Copy of the petition prepared to be sent to his Majesty was not a true copy because it wanted the names who had subscribed the originall petition which nicity was soon taken away by the protestants delivery of a perfect list of the names of such as had subscribed the petition intended to be presented to His Majesty The next day a Protestation was framed against the Protestant Petitioners and their agents by some ill affected to so good a worke and countenanced by the Earle of Roscomon and Sir James Ware two members of that board amongst others to draw scandall and prejudice on the Protestants and their petition which Protestation followeth in haec verba The sense of divers of His Majesties Protestant subjects who have signed to the late Petition directed to His Majesty Suffering under the misconstruction of our Petition we hold it fit to declare that we exhibited not the same through want of assurance of His Majesties care of the Protestant Religion and of his subjects Nor yet to divert any supplies that may be drawne from honce against such as in His Kingdome of England have taken up Armes against him but meerely in right to Gods Cause and in our right humbly to informe His Majesty when the Irish agents repaire unto him if the said Agents shall endevour to surprise or prejudice us in either this is the Commission We give and if any person or persons imployed by Vs shall goe further or otherwise busie themselves to the disturbance of His Majesties service against such we doe and shall protest as being in our intentions no parties thereunto which as it may serve to vindicate our faith to His most sacred Maiesty so it may shew how causelesse the Jealousies are of this addresse to Him And some ill affected persons were imployed unto severall of the subscribers to the Protestant petition desiring them to subscribe the said Protestation which tooke so little effect that not one man who had formerly subscribed the said Petion to his Majesty would be drawne to signe the said Protestation one Officer of the Army excepted who immediately after came to the Councell-Board divers of the Protestant petitioners being there present and desired that the Lords Justices and Councell would permit him to withdraw his name from the said Petition intended to be presented to His Majesty which he had formerly subscribed yet seeing the designe of the petition and other discouragements given the Petitioners tooke no other effect but that the protestant petitioners constantly presisted in their zeale to their Religion honour of his Majesty the vindication of the innocent blood of their brethren shed by the barbarous rebells and the preservation of the remainder of the poore protestants there They that favoured the said petition desisted from any further proceedings therein About the begining of Ianuary a letter from His Majesty dated the 6 of November 1643 arrived at Dublin licensing the protestant Agents to repaire to His Majesty which followeth in haecverba CHARLES REX RIght trusty and well beloved Counsellors and right trusty and right welbeloved Cousens and Counsellors we greet you well We have seene your letters to secretary Nicholas of the 18 of October 1643. with the copy of a petition to you presented the sixth day of that moneth by our cousens the Earle of Kildare and Lord viscount Ardes and divers others in the names of more of our protestant subjects in that our Kingdome and what answer you then made thereupon with a reservation till our pleasure should be signified concerning their requests We have likewise seene your letter to our said Secretary of the 28 of the same moneth with the coppy of a petition to us and a list of the subscribers in the name of divers our protestant subjects aswell Commanders as others in that our Kingdome and a Copy of their petition to you in pursuance of their former with your answer thereupon In all which we finde you have very prudently and carefully done what befits your duties to Us The foure persons nominated by the petitioners We are pleased may repaire hither over and above the persons by us formerly appointed with fitting instructions concerning the grievances mentioned in the petition aforesaid and that you permit them accordingly to come over when or before the persons to be sent from our Roman Catholique subjects of that our Kingdome shall come And if hereafter our said Protestant Subjects shall desire to add more to them upon Declaration of their names who are desired to be added to you and your advertizement thereof to Us you shall receive further direction and so we bid you heartily farewell Given at our Court at Oxford the 6 day of November in the Ninteenth year of our Raigne 1643. To our right trusty and welbeloved Counsellors Sir John Borlase and Sir Henry Titchborne Knights Lords Iustices and to our right trusty and right welbeloved Cousens Counsellors and trusty and welbeloved Counsellors the Lords and others of our Privy Councell of Our
Protestant Religion in Ireland according to the Laws and Statutes in the said Kingdome now in force 2. That the Popish titular Archbishops Bishops Jesuits Friers and Priests and all others of the Roman Clergy be banished out of Ireland because they have been the stirrers up of all rebellions and while they continue there there can be no hope of safety for your Maiesties Protestant Subjects And that all the Laws and Statutes established in that Kingdome against propery and popish Recusants may continue of force and be put in due execution 3. That restitution may be made of all our Churches and Church-rights and revenues and all our Churches and Chappels re-edified and put in as good estate as they were at the breaking out of the rebellion and as they ought to be at the charge of the confederate Roman Catholiques as they call themselves who have been the occasion of the destruction of the said Churches and possessed themselves of the profits and revenues thereof 4. That the Parliament now sitting in Ireland may be continued there for the better settlement of the Kingdome And that all persons duely indicted in the said Kingdome of Treason Felony or other heynous crimes may be duely and legally proceeded against out-lawed 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 Major or Magistrate in any Corporation or the Office of a Sheriffe or Justice of peace in any City or County in the said Kingdom untill he have first taken the Oaths of Supremacy and Allegiance 6. That all popish Lawyers who refuse to take the Oaths of Supremacy and Allegiance may be suppressed and restrained from practice in that Kingdome the rather because the Lawyers in England doe not here practice untill they take the Oath of Supremacy and it hath been found by wofull 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 tyrannicall power which the said confederates exercise over your Majesties subjects both in causes Ecclesiasticall and Temporall 8. That all the Armes and Ammunition of the said Confederates be speedily brought in to 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 reinhabit and defend the said Kingdome of Ireland 10. That the said Confederates may rebuild the severall plantation houses and castles destroyed by them in Ireland in at good state as they we eat the breaking out of the rebellion which your Majesties protestant subjects slave beene bound by their severall Patents to build and maintaine for your Majesties service 11. That the great arreares of rent due to your Majesty out of the estates of your Majesties protestant subjects at and since Michaealmas 1641 may be paid unto your Majesty by such of the said Confederates who have 〈…〉 the said rents to the uses of the said Confederates or dessroyed the same by disabling your Majesties protestant subjects to pay the same and have also destroyed all or the most part of all other rents or meanes of support belonging to your said protestant subjects And that your said protestant Subjects may be discharged of all such arreares of rents to your Majesty 12. That the said Confederates may give satisfaction to the Army for the great arreares due unto them since the rebellion and that 〈◊〉 Communcers as have raised forces at their owne charges and laid forth great famines of money out of their owne purses and engaged themselves for money and provisions to keepe themselves their holds and souldiers under their commands in the due and necessary defence of your Majesties right 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 said Confederates estates as being forfeited for their Treasons are come or shall duely come into your Majesties hands and possession by that Title your Majesty after due satisfaction first made to such as claime 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 your said Kingdome of Ireland and protestant Subjects living under your gracious government thereto plant the same with Brittish and Protestants upon reasonable and honourable tearmes 14. That one good walled Town may be built and kept repaired in every County of the said Kingdome of Ireland and endowed and furnished with necessary and sufficient meanes of legall and just government and defence for the better security of your Majesties Lawes and rights more especially the true Protestant Religion in times of danger In any of which Townes 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 Kingdome and your Majesties Protestant subjects there exemplary punishment according to Law may be inflicted upon such as have there traiterously leavyed warre and taken up Armes against your Majestles 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 doe 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 Townes 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 duely put into the government under your Majesty and your Laws of good Protestants and that all strengths and fortifications made and set up by the said Confederate since the said rebellion may be slighted and throwne 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 generall rebellions in Ireland the attainders which have been duely had by Outlary for Treason done in this rebellion may be established and confirmed by act of Parliament to be in due forme 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 indicted nor convicted or attainted by Outlary or otherwise may upon due proofe of their offences be by like act of Parliament convicted and attainted and all such offenders forfeit their estates as to Law appertaineth and your Majesty to
be a great tenour and discontent to all your Majesties protestant Subjects of that Kingdome and may be also a meanes to 〈◊〉 many of your Majesties subjects to quit that Kingdome or peradventure to adhere to some other party there in opposition to the Roman Irish confederates rather then be lyable to their power which effects may prove of most dangerous consequence And we humbly offer unto your Majesties consideration your owne gracious expression mentioned in the grounds and motives inducing your Majesty to agree to a Cessation of Armes for one whole yeere which the Roman Catholiques of Ireland printed at Oxford 19 Octob. 1643. viz. And let all Our good subjects be assured that as we have for these reasons and with this caution and deliberation consented to this preparation to peace and to that purpose doe continue Our Parliament there so we shall proceed in the accomplishing thereof with that care and circumspection that we shall not admit even peace it selfe otherwise then as it may be agreeable to conscience honour and justice We also humbly desire that such Lawes as your Majesty shall thinke fit to passe may be transmitted according to Poynings Law and other Laws of explanation thereof or of addition thereunto now in force with great contentment and security to your Majesties protestant Subjects But if the present Parliament be dissolved we humbly represent unto your Maiesty that so many of your ablest and best protestant Subjects have been murthered or banished by this rebellion that few or no protestant Free-holders will be found in the Counties Citles and Burroughs to elect and choose Knights Citizens and Burgesses which will be most dangerous to your Majesties rights and prerogatives and good subjects and may begēt great disputes in after-tmes For the repealing of Poynings act notwithstanding their feigned expressions of their loyalty yet it plainly appeares they doe not repose so much trust in your Majesties Justice as it becommeth loyall Subjects to doe and such they pretend themselves to be for that they seeke thereby to prevent your Majesty and your Councell of England and Ireland of so full a view and time of mature consideration to be had of Acts of Parliament of Ireland before they passe as in prudence is requisite and hath been found necessary by the experience of well neere 200 yeeres and if their intentions were so cleare as they professe we know not why they should avoyd the strictest view and try all of your Majesty and Councels of both Kingdomes this their desire tending to introduce a great diminution of your Royall and necessary power for the conservation of your Regall State and protection of your good protestant Subjects there and elsewhere And what speciall use they aime at in seeking such repeale your protestant Subjects as they know not the particulars so can they coniecture of none unlesse the said confederates have some designe by way of surprize to obtrude upon your Majesty in their new desired Parliament some Acts in justification of their ill done actions and for condemning such of your protestant Subjects as have in their severall degrees most faithfully served your Majesty there which we the rather believe seelng they have vowed by their Oath of association and the Bull lately published in Ireland since the cessation the destruction of the Protestants there when they have their Swords in their hands to put the same in execution 3. Proposition That all Acts and Ordinances made and passed in the now pretended Parliament in that Kingdome since the seventh day of August 1641. be clearely annulled and declared voyd and taken off the file Answer We humbly desire that they may particularize those Ordinances which may prejudice your Majesties service for we are well assured that the Parliament now sitting in Ireland on signification of your Majesties pleasure therein will either give your Majesty full satisfaction or repeale any unjust Orders or Ordinances whatsoever which may be prejudiciall to your Majesty And there may be some Orders or Ordinances which may concerne particular persons in their lives liberties or fortunes that may suffer unheard by the admitting of so generall a Proposition which is meerly proposed as we humbly conceive to put a scorne on your Majesties Parliament now sitting there and to discourage your Majesties Protestant Subjects who have faithfully served your Majesty in that Parliament 4. Proposition That all Indictments Attainders Outlaries in the Kings Bench or elsewhere since the said seventh day of August 1641. and all Leters Patents Grants Leases Custod Bends Recognizances and all other Records Act or Acts depending thereupon or in prejudice of the said Catholiques or any of them be taken off the file annulled and declared voyd first by your Majesties Proclamation and after by Act to be passed in a free Parliament Answer This we conceive to be a very bold Proposition not warranted as we also conceive by any example and tending to introduce an ill president in after times for it was never seene that Records were taken off the file but where there was some corruption or fraud or some illegall or unjust carriage used in and concerning the procuring or making up of such Records and the same first well proved upon due examination And it may not onely conceale but in some sort seeme to justifie their abominable treasons murthers cruelties massacres and plunders acted against your Majesties Person Crowne and Dignity upon the persons of your Majesties most loyall protestant Subjects in that Kingdome and encourage the papists there to doe the like againe besides the discouragement it may beget in your Majesties Officers and Subjects to doe their duties in the like insurrections which may happen hereafter which also may prove very prejudiciall to your Majesties rights and revenues if the Records to support the forfeitures wherein many of them are or may be grounded should be taken off the file and cancelled 5. Proposition That inasmuch as under colour of such Outlaries and Attainders debts due unto the said Catholiques have been granted levyed and disposed of and of the other side that debts due upon the said Catholiques to those of the adverse party have beene levyed and disposed to publique use That therefore all debts be by Act of Parliament mutually released or all to stand in statu quo notwithstanding any grant or disposition Answer We humbly conceive that in times of peace and most setled government when the course of Law and Justice is most open and best observed that the debts due to the Crowne and actually levied and payd in to your Majesties use ought not to be restored though the Records of the forfeitures should be legally reversed which is farre from the present case and this proposition tendeth to crosse that just right of your Majesty and to make the disposition by the confederate popish Rebels of debts due to Protestants and by the said Rebels by fraud and force levyed and disposed in maintenance of their Rebellion which cunningly they
call by the name of publique uses to be in equall degree to the debts owing by the Rebels and by them all forfeited and many of them by Law duely levyed which is a most unequall and unjust thing and the said Proposition cannot nor doth make offer to have the popish Confederates cut off from the debts due to them which they have justly forfeited but onely for a colour of consideration to have the Protestants lose such debts justly due to them as have been unjustly taken from them who have done no act at all to forfeit them 6. Proposition That the late Offices taken or found upon feigned or old titles since the yeere 1634. to entitle your Majestie to severall Countreys in Connaught Thomond and in the Counties of Typperarie Limrick Kilkenny and Wickloe be vacated and taken off the file and the possessors setled and secured in their ancient estates by Act of Parliament And that the like Act of limitation of your Majesties titles for the security of the estates of your Subjects in that Kingdom be passed in the said Parliament as was enacted in the 21 yeere of His late Majesties Raigne in this Kingdom Ans Wee know not of any Offices found on feigned Titles nor what the Confederates may demand in respect of any graces promised by your Majestie which we intend not nor have any occasion to dispute but wee humbly conceive that all those who have committed Treason in the late Rebellion subsequent to your Majesties promise of those graces have thereby forfeited the benefit thereof together with the Lands to which the said graces might else have related and so their whole estates are now justly fallen to your Majesty by their Rebellion which wee conceive is of great importance for your Majesties service to be taken into consideration As first with regard to the Statutes made in the present Parliament of England Secondly by the necessary encrease of your Revenue decayed by the present Rebellion Thirdly the abolishing of the evill customes of the Irish and preservation of Religion Laws and Government there Fourthly the satisfaction of your Protestant Subjects losses in some measure Fiftly the Arrers of your Majesties Army and other debts contracted for that warre and for preservation of that Kingdome to your Majestie Sixtly the bringing in of more Brittish upon the Plantations Seventhly the building of some walled Towns in remote and desolate places for the security of that Kingdome and your good Subjects there Eightly the taking of the Natives from their former dependencie on their Chieftains who usurped an absolute power over them to the diminution of your Regall Power and to the oppression of the Inferiours 7. Propos That all marks of incapacity imposed upon the Natives of that Kingdome to purchase or acquire Lands Leases Offices or Hereditaments be taken away by act of Parliament and the same to extend to the securing of Purchases Leases or Grants already made And that for the education of Youth an Act be passed in the next Parliament for the erecting of one or more Inns of Court Vniversities Frée and Common Schools Ans This we conceive concerneth some of the late Plantations and no other part of that Kingdome and that the restriction herein mentioned is found to bee of great use especially for the indifferencie of Trialls strength of the Government and for Trade and Traffique And we humbly conceive that if other Plantations shall not proceed for the setling and securing of that Kingdome and that no restraint be made of Papists buying or purchasing of the Protestants out of their former Plantations where they were prudently setled though now cast out of their estates by the late Rebellion and unable to Plant the same again for want of meanes and therefore probably upon easie termes will part with their estates to the Confederates that those Plantations will be destroyed to the great prejudice of your Majesties service and endangering of the safety of that Kingdome Touching bearing of Offices wee humbly conceive that their non-conformity to the Laws and Statutes of that Kingdome is the onely mark of incapacity imposed upon them and wee humbly conceive that they ought not to expect to bee more capable there then the English Natives are here in England in like case For Schooles in Ireland there are divers setled in all parts of that Kingdome already by the Laws and Statutes of that Realme And if any person well affected shall erect and endow any more Schooles there at their own charges so that the School-master and schollers may be governed according to the Laws Customs and orders of England and the best of Free-schools here wee cannot apprehend any just exceptions thereunto But touching Universities and Inns of Court we humbly conceive that this part of the Proposition savoureth of some desire to become Independant upon England or to make a separation in the Religion and Laws of the Kingdome which can never bee truely happie but in the good unitie of both in the true Protestant Religion and in the Laws of England For as for matter of charge such of the Natives as are desirous to breed their sonnes for learning in Divinity can bee well contented to send them to the Universitie of Lovain Doway and other Popish places in Forraign Kingdomes And for Civill-law or Physick to Padua and other places which draws a great treasure yearly out of your Majesties Dominions but will send few or none of them to Oxford or Cambridge where they might as cheaply be bred up and become as learned which course we conceive is holden out of their pride and disaffection towards this Kingdome and the true Religion here professed And for the Laws of the Land which are for the Common-law agreeable to England and so for the greatest part of the Statutes the Innes of Court in England are sufficient and the Protestants came thither without grudging And it is a means to civilize them after the English Customes to make them familiar and in love with the Language and Nation to preserve the Law in the purity when the Professours of it shall draw from one originall fountain and see the manner of the practise of it in the same great Channells where his Majesties Courts of Justice of England do flow most clearly whereas by separation of the Kingdoms in the places of their principall instruction when their foundations in learning are to be laid a degenerate corruption in Religion and Justice may happily be introduced and spread with much more difficulty to be corrected and restrained afterwards by any discipline to be used in Ireland or punishments there to be inflicted for departing from the true grounds of things which are best preserved in unity when they grow out of the same root then if such Universities and Innes of Court as are proposed should be granted All which we humbly submit to your Majesties most pious and prudent confideration and judgement 8. Propos That the Offices and places of Command Honour Profit
aspersion upon your Majesties gracious government over Ireland and that it trencheth very high upon your Wisdome Justice and Power and under colour of supposed corruptions pretended to be in the greatest Officer that Commandeth under your Majestie there if he continue so long in his government as may well enable him to finde out and discover the true state of that Kingdome and the dangerous dispositions and designes of the Popish party there to prevent him therein and to turn him out from doing service before or assoon as he is throughly informed and experienced how to do the same and then to hold him excluded so long that in all likelihood he shall not live to come to that place the second time which we humbly conceive will be a great discouragement to any person of honour and fortune to serve your Majesty in that high trust And for their purchasing Lands in that Kingdome your Majesty may be pleased to leave them to the Lawes and punish them severely if they commit any offence or exercise any oppressions under colour of purchasing of any lands or estates whatsoever Prop. 15. That an Act may be passed in the next Parliament for the raising and setling of Trained Bands within the severall Counties of that Kingdome aswell to prevent forraign invasions as to render them the more serviceable and ready for your Majesties occasions as cause shall require Answ The having of Trained bands in Ireland for the present cannot under favour be for your Majesties service or the safety of that Kingdome for that the Protestants by the sad effects of the late Rebellion are so much destroyed that the said Bands must consist in effect altogether of the confederate Catholiques and to continue them in Armes stored with Ammunition and made ready for service by mustering and often Trayning will prove under colour of advancing your Majesties service against forraign invasion a meet guard and power of Popish Forces alwayes in readinesse to protect the Popish confederates and by force and Armes according to their late oathes and Protestations to execute all their cruell designs for extirpation of the Protestant Religion and English Government both which they mortally hate howsoever in cunning they dissemble it and to prevent the setling an Army of good Protestants without which your Majesties good Subject cannot live securely there Propos 16. That an Act of Oblivion be passed in the next frée Parliament to extend to all your Majesties said Catholique Subjects and their adherents for all manner of offences Capitall Criminall and Personall and the said Act to extend to all Goods and Chattels Customes Measne Profits Prizes Arrears of Rents taken received or incurred since these troubles Answ We humbly pray that the Laws of force be taken into consideration and do humbly conceive that your Majesty in honour and Justice may forbear to discharge or release any Actions Suits Debts or Interests whereby your Majesties Protestant Subjects who have committed no offence against your Majestie or your Laws should be barred or deprived of any of their Legall remedies or just demands which by any of your Majesties Laws and Statutes they may have against the Popish confederates who are the onely delinquents or any of their party for or in respect of any wrongs done unto them or any of their Ancestors or Predecessours in or concerning their Lands Goods or Estates since the contriving or breaking forth of Rebellion The said confederates having without provocation shed so much innocent blood and acted so many cruelties as cannot be parallel'd in any story And we conceive it to be high presumption in them upon so weak grounds to propound an Act of Oblivion in such generall termes some of the confederates having been contrivers or Actors of such cruell Murthers and other Acts of Inhumanity as cry to God and your Sacred Majesty for Justice and they having of your Majesties Revenues Customes Subsidies and other rights of your Crown in their hands or destroyed by them to the value of 200000. l. and more Propos 17. Forasmuch as your Majesties said Catholique Subjects have béen taxed with many Inhumane cruelties which they never committed Your Majesties said suppliants therefore for their vindication and to manifest to all the world their desire to have such hainous offences punished and the Offenders brought to Austice Do desire that in next the Parliament all notorious murthers breaches of Quarter and Inhumane cruelties committed of either side may be questioned in the said Parliament if your Majesty so think fit And such as shall appear to be guilty to be excepted out of the said Act of Oblivion and punished according to their deserts Forasmuch Dread Soveraign as the ways of our addresse unto your Majesty for apt remedies unto our grievances were hither to debarred us but now at length through your benign grace and favour laid open We do humbly present these in pursuance of the said Remonstrance which granted your said subjects are ready to contribute the 10000. Men as in their Remonstrance is specified towards the suppressing of the unnaturall Rebellion now in this Kingdome and will further expose their lives and fortunes to serve your Majestie as occasion shall require Answer We conceive this Proposition is made but for a flourish and if the confederates be so desirous to try their innocency as they pretend they need not stay for another Parliament in Ireland but submit to that which is now in being which is an equall and just Parliament as in some of our reasons touching that point is expressed And the offering to draw it to a new Parliament is in effect to desire that they may be their own Judges for as that Kingdome is now imbroiled and wasted the chief delinquents or their confederates will be so prevalent a faction in the next Parliament that they will be able and doubtlesse will clear all the Popish party how guilty soever and condemn the Protestants how Innocent soever These Answers to the High and unexpected demands of the confederate Rebels we have framed in humble obedience to your Majesties directions but being very sensible as of the weight and great importance of the businesse so also of our own weaknesse and want of time and well knowing that some of your Majesties Privy Councellours Judges and Officers of that Kingdome are now in Town sent for over and here attending by your Majesties command who by their long observation and experience of the affairs and state of Ireland are better able to give your Majesty more full and satisfactory answers touching the premisses then we can and conceiving that the Collections in answere to the said confederates Remonstrance which we humbly presented to your Majesty the 29. of the last Moneth of April may in many things give your Majestie more light then these our Answers do or can We humbly beseech your Majestie that the said Privy Councellours Judges and Officers as occasion shall require may be called upon and heard to give your
Majesty the better satisfaction in these Particulars and that to the same purpose the book of the said Collection may be perused and considered of as your Majestie shall finde most requisite After reading of which Propositions and Answers thereunto the King asked the Protestant Agents Whether they had Answered unto the Rebels Propositions as they were to be granted by him in Law and Justice and fit for the security of the Protestants of Ireland or prudentially as the times were Who humbly made answere to his Majesty That they looked upon the Rebels Propositions as they appeared to them destructive to his Majestie his Laws Government and Protestant Subjects of Ireland Then the Earl of Bristoll said That if they asked what by law and Justice was due from the Rebells their Answers were full But now the King expected from the said Agents What prudentially was fit for his Majestie to do seeing the Protestants were not in a condition to defend themselves and that the King would not admit the Protestants to joyn with the new Scots or any other that had taken the Covenant The Lord Digby upon motion of the Protestant Agents for further time to answer said It was good to set down those questions in writing and expect their answers to them Then the King asked them What would become of the Protestants in Ireland if the Rebels Agents should break off their Treaty which was to be feared they would do if they had not their Propositions for the most part yeelded unto The Protestant Agents Answered his Majesty That they conceived that the Rebells Agents might be brought to better terms if they were held unto it and that they were confidently assured before their comming out of Ireland that the Lord Muskery refused to come into England with limited Instructions but would be at liberty to do as he should see cause Then the Protestants Agents were commanded to with-draw And since that time were no further called upon And the said Protestant Agents knowing by experience how that the said Rebels had in all parts of the Kingdom broken the Articles of Cessation having begun that course within 3 days after the said Articles of Cessation were published by taking away forceably and detaining notwithstanding many complaints thereof made 369 head of choise English Cows or there-abouts from the poore Inhabitants of the Suburbs of the City of Dublin and by like proceedings in all parts of the Kingdome in taking of divers Castles Forts and Houses and great quantities of Corn and Cattle some by force and some by fraud and by burning divers others and by with-holding divers contributions in all parts of the Kingdome yelded to the Protestant Forces untill the Cessation to the utter destruction of the Protestant Party in divers parts of that Kingdome The said Protestant Agents in the conclusion of the Collection which they had made and presented to his Majestie in Answer of the said Remonstrance did make mention of the said breaches and also of the failers of payment of the far greater part of the 30000. l. by them agreed on to be paid by the Rebels to his Majesties use upon the conclusion of the said Cessation to be applyed towards the maintenance of the Army there and also of their extream bad and unseasonable payment of that small part thereof which they had paid in manifest breach of their undertaking the said failers having occasioned heavie Taxes to be laid upon the poor Protestant Inhabitants and necessitated the Souldiers through want to pillage and plunder thousands of his Majesties good Subjects And the said Protestant Agents did offer to make proof thereof and also that the said confederate Romane Catholiques had broken all the said Articles of Cessation humbly expecting reparation therein but not hearing any further thereof and observing that the said Sir William Stewart and the rest of the Gentlemen above-named which were sent for out of Ireland had by Authority from the Lord Lieutenant and Councell informed his Majesty of 20 severall complaints of notorious breaches made by the said Rebels of the said Articles whereof no right or reparation could be had there notwithstanding many complaints there made They the said Agents delivered to the said Sr Will. Stewart and the rest above named about the 10th of May 1644. a brief of many more great injuries done by the Rebels to the Protestant Party contrary to the said Articles of Cessation especially in Conaght where many of the Souldiers were forced there by to disband desiring them to acquaint the Lords with the same to the end that some course might be taken for redresse and afterwards they understood by them that they had acquainted the Lords of the Committee therewith and that the Lords said that they would acquaint the Agents of the Rebels therewith but heard no more thereof neither were the said Protestant Agents ever called to make proof thereof or of any other their Allegations or to receive hearing therein One particular instance of a notorious breach of the Articles of Cessation which we produced at Oxford we have here inserted being from one of the bloodiest Rebels who exercised the place of Governour of the County of Fermanagh Com. Fermanagh FOrasmuch as the dayly resort and concourse of Catholiques since the Cessation into English Garrisons might bring a great deal of Inconveniency unto our proceedings I do therefore hereby by Vertue of the Lord Generalls Authority given me in that behalf and especially to avoid the eminent perill that hereafter might arise thereof straightly charge and command all manner of persons of what ranke quality or condition soever they be of the Irish Nation of this County not to visit confer talk or parly to or with any person or persons of in or belonging to the Garrison of Eniskillen upon pain of death and of forfeiting all the goods and Chattels belonging to every such offender or offenders And likewise that none of the Inhabitants of this County on the West side of Loghern live dwell or inhabite no nearer to Eniskillen then the River of Arny untill further directions be given to the contrary upon pain of the foresaid forfeiture and penalty Dated the 25 November 1643. Signed Rory Maguire The 12. of May Sir Robert Talbot and Dermot mac Teag ô Bryan two of the Rebels Agents went away out of Oxford towards Ireland The 22. of May 1644. the Lord Viscount Muskery and the rest of the Rebels Agents went away from Oxford towards Ireland but what dispatch they had the Protestant Agents do not know The 26. of May the Protestant Agents seeing the Irish Agents were gone waited on Mr. Secretary Nicholas and desired him to know his Majesties pleasure and commands and whether they should expect any further answer concerning their Agency from his Majestie And the next day Mr. Secretary Nicholas told them That his Majesty commanded him to know of the Committee for Irish affairs Whether they had any thing more to say to the Protestant Agents And the same day Mr. Secretary Nicholas told the said Agents That the Committee saw no reason to detain them any longer and that he would move his Majesty for their dispatch The 30. of May M. Secretary Nicholas presented the Protestant Agents to his Majesty to kisse his hand who told them That he had written to the Marquesse of Ormond concerning the Protestants of Ireland That he would use his best endeavours for them there if he were able as he did for himself here And he said That he meant his good Protestants and not such as did either take or adhere to such as had taken the Covenant By all this which hath been faithfully Related and severall other Circumstances it plainly appears that the Rebels of Ireland intentions are and have been for the extirpation of the Protestants and Protestant Religion and how far forth they have been countenanced therein FINIS ERATA PAge 6. lin 30. for traduce read introduce p. 17. l. 12. for unknown r. known p. 19. l. 32. for Lord r. Lordships p. 21. l. 8. for causelessy r. cautelously ibid. l. 17. for to all r. to tall p. 26 l. 44 for school r. schools p. 27. l. 44. for many r. any p. 28. l. 5. for the r. their p. 39. l. 12. for effecting r. affering p. 40. l. 26. for officers r. offices p. 42. l. 7. after the word point r. before the Rebellion began p. 45. l. 22. for expresse r. presse p. 46. l. 13. for new r. now p. 48. l. 3. for luctation r. reluctation ibid. l. 28. for which r. with p. 53. l. 33. after service r. and the time p. 54. l. 25. for who late then r. who then p. 61. l. 4. for state r. statute ibid. l. 5. for to r. so ibid. for Soveraign r. Soveraignty p. 62. l. 36. after prosecute adde the p. 65. l. 1. for in r. if p. 74. l. 16. for their r. the p. 80. l. 24. for half r. rash p. 81. l. 7. for persecution r. prosecution ibid. l. 34. for rescued r. restored p. 39. l. 38. after Majesty r. Protestant p. 95. l. 20. for persecuted r. prosecuted p. 102. l. 7. for petition r. protestation ibid. l. 11. p. 103. l. 1. for petitions r. petitioners p. 104. l. 34. dele 9. p. 105. l. 22. for Bridgeway r. Ridgeway ibid. l. 24. p. 108. l. 5. for Mr. r Mack ibid. l. 9. p. 112. l. 42. after examined r. and p. 115. l. 43. after his r. Majesties p. 118. l. 1. for he r. the p. 119. l. 4. for compleat r. competent p. 123. l. 27. after those r. orders or p. 124. l. 14. for wherein r. whereon p. 125. l. 14. for or r. for p. 126. l. 46. dele of p. 129. l. 11. for meet r. meere