consent upon whatsoever Pretence to a Toleration of the Popish Profession there or the Abolition of the Laws now in force against Popish Recusants in that Kingdom His Majesty hath further thought fit to advertise His Parliament That towards this Work He intends to raise forthwith by His Commissions in the Counties near Westchester a Guardâ— for His own Person when he shall come into Ireland consisting of Two thousand Foot and Two hundred Horse which shall be Armed at Westchester from His Magazin at Hull at which time all the Officers and Soldiers shall take the Oaths of Supremacy and Allegiance The Charge of Raising and Paying whereof His Majesty desires His Parliament to add to their former Undertakings for that War which His Majesty will not only well accept but if their Pay be found too great a Burthen to His Subjects His Majesty will be willing by the Advice of His Parliament to sell or 〈◊〉 any of His Parks Lands or Houses towards the Supplies of the 〈◊〉 of Ireland with the Addition of these Levies to the former of English and Scots agreed upon in Parliament he hopes so to appear in this Action that by the Assistance of Almighty God in a short time that Kingdom may be wholly reduced and restored to Peace and some measure of Happiness whereby he may chearfully return to be Welcomed home with the Affections and Blessings of all His good English People Towards this good Work as His Majesty hath lately made Dispatches unto Scotland to quicken the Levies there for Ulster so he heartily wishes That His Parliament here would give all possible Expedition to thâ—se which they have resolved for Munster and Conaught and hopes the Encouragement which the Adventures of whose Interest His Majesty will be always very careful will hereby receive as likewise by the lately signing of a Commission for the Affairs of Ireland to such Persons as were recommended to Him by Both Houses of Parliament will raise full Sums of Money for the doing thereof His Majesty hath been likewise pleased out of His earnest desire to remove all Occasions which do unhappily multiply Misunderstandings between Him and His Parliament to prepare a Bill to be offered to them by His Attorney concerning the Militia whereby He hopes the Peace and Safety of this Kingdom may be fully secured to the general satisfaction of all Men without violation of His Majesty's just Rights or prejudice to the Liberty of the Subject If this shall be thankfully received He is glad of it if refused He calls God and all the World to judge on whose part the Default is One thing His Majesty requires if this Bill be approved of That if any Corporation shall make their Lawful Rights appear they may be reserved to them Before His Majesty shall part from England He will take all due Care to entrust such Persons with such Authority in His absence as He shall find to be requisite for the Peace and Safety of this Kingdom and the happy Progress of this Parliament To which the Parliament returned the following Answer May it please Your Majesty YOur Majesty's most Loyal and Faithful Subjects Husbands 141. the Lords and Commons in Parliament have duly considered the Message received from Your Majesty concerning Your Purpose of going into Ireland in Your own Person to prosecute the War there with the Bodies of Your English Subjects lâ—vied transported and maintained at their Charge which You are pleased to propound to us not as a Matter wherein Your Majesty desires the Advice of Your Parliament but as already firmly resolved on and forthwith to be put in Execution by granting out Commissions for the Levying of Two thousand Foot and Two hundred Horse for a Guard for Your Person when You shall come into that Kingdom Wherein we cannot chuse but with all Reverence and Humility to Your Majesty observe That You have declined Your Great Council the Parliament and varied from the usual Course of Your Royal Predecessors That a Business of so great Importance concerning the Peace and Safety of all Your Subjects and wherein they have a special Interest by Your Majesty's Promise and by those great Sums which they have disbursed and for which they stand ingaged should be concluded and undertaken without their Advice Whereupon we hold it our Duty to declare That if at this time Your Majesty shall go into Ireland You will very much endanger the Safety of Your Royal Person and Kingdoms and of all other States professing the Protestant Religion in Christendom and make way to the Execution of that cruel and bloody Design of the Papists every where to root out and destroy the Reformed Religion as the Irish Papists have in a great part already effected in that Kingdom and in all likelihood would quickly be attempted in other Places if the Consideration of the Strength and Union of the Two Nations of England and Scotland did not much hinder and discourage the Execution of any such Design And that we may manifest to Your Majesty the Danger and Misery which such a Journy and Enterprize would produce we present to Your Majesty the Reasons of this our humble Opinion and Advice 1. Your Royal Person will be subject not only to the Casualty of War but to Secret Practices and Conspiracies especially Your Majesty continuing Your Profession to maintain the Protestant Religion in that Kingdom which the Papists are generally bound by their Vow to extirpate 2. It will exceedingly encourage the Rebels who do generally profess and declare That Your Majesty doth favour and allow their Proceedings and that this Insurrection was undertaken by the Warrant of Your Commission and it will make good their Expectation of great Advantage by Your Majesty's Presence at this time of so much Distraction in this Kingdom whereby they may hope we shall be disabled to supply the War there especially there appearing less Necessity of Your Majesty's Journy at this time by reason of the manifold Successes which God hath given against them 3. It will much hinder and impair the Means whereby this War is to be supported and increase the Charge of it and in both these respects make it more insupportable to Your Subjects And this we can confidently affirm because many of the Adventurers who have already subscribed do upon the knowledge of Your Majesties Intention declare their Resolution not to pay in their Money and others very willing to have subscribed do now profess the contrary 4. Your Majesties Absence must necessarily very much interrupt the Proceedings of Parliament and deprive Your Subjects of the Benefit of those further Acts of Grace and Justice which we shall humbly expect from Your Majesty for the Establishing of a perfect Union and mutual Confidence between Your Majesty and Your People and procuring and confirming the Prosperity and Happiness of both 5. It will exceedingly increase the Jealousies and Fears of Your People and render their Doubts more probable of some force intended by some evil
any of them shall joyn with us in this Act following J. A. B. Do in the Presence of Almighty God and all the Angels and Saints in Heaven and by the Contents of this Bible promise vow swear and protest to bear Faith and true Allegiance to Our Soveraign Lord King Charles and the Heirs and Successors of His Body begotten and will defend Him and Them as far as I may with my Life Power and Estate against all Persons that shall attempt any thing against His or Their Persons Honours Estates or Dignities and that I will in exposing my Self Power and Estate joyn with the Irish Army or any other to recover His Royal Prerogatives forcibly wrested from him by the Puritans in the Houses of Parliament in England and to maintain the same against all others that shall directly or indirectly endeavour to suppress or do any Act contrary to real Government as also to maintain Episcopal Jurisdictions and the Lawfulness thereof in the Church-Power Priviledges of Prelates the lawful Rights and Priviledges of the Subjects and I will do no Act or thing directly or indictly to prejudice the Publick Exercise of the Roman Catholick Religion in any of His Majesties Dominions and that I will joyn with and be assisting to the Members in the Common-weal for Redresses to be had of the Grievances and Pressures thereof in such Manner and Form as shall be thought fit by a lawful Parliament and to my Power as far as I may ☜ I will oppose and bring to condign Punishment even to the loss of Life and Liberty and Estate all such as shall either by Force or Practice Councels Plots Conspiracies or otherwise do or attempt any thing to the contrary of any Article clause or thing in this present Oath Vow and Protestatation contained and neither for Hope of Reward of Fear of Punishment nor any respect whatsoever shall relinquish this Oath and Protestation So help me God This Declaration and Oath was entred in the Counsel Book of Kilkeny and this a true Copy thereof Witness my Hand this Ninth of May 1644. Hierome Green Cler. Counsel Kilkeny Appendix XII The Protestation and Declaration of the Lords Spiritual and Temporal and Commons in Parliament Assembled against the Irish Rebellion the 17th of November 1641. WHereas the happy and peaceable Estate of this Realm hath been of late and is still interrupted by sundry Persons ill affected to the Peace and Tranquility thereof who contrary to their Duty and Loyalty to His Majesty and against the Laws of God and the fundamental Laws of this Realm have traiterously and rebelliously raised Arms seized upon His Majesties Forts and Castles and dispossessed many of his faithful Subjects of their Houses Lands and Goods and have slain many of them and committed other cruel and inhuman Outrages and Acts of Hostility within this Realm The said Lords and Commons in Parliament Assembled being justly moved with a right Sense of the said disloyal Rebellious Proceedings and Actions of the Peesons aforesaid do hereby protest and declare that the said Lords and Commons from their hearts do detest and abhor the said abominable Actions and that they shall and will to their utmost Power maitain the Rights of His Majesties Crown and Government of this Realm and the Peace and Safety thereof as well against the Persons aforesaid their Abbetters and Adherents as also against all foreign Princes Potentates and other Persons and Attempts whatsoever And in case the Persons aforesaid do not repent of their aforesad Actions and lay down Arms and become humble Suitors to His Majesty for Grace and Mercy in such convenient Time and in such manner and form as by His Majesty or the chief Governour or Governours and the Councel of this Realm shall be set down The said Lords and Commons do further protest and declare that they will take up Arms and will with their Lives and Fortunes suppress them and their Attempts in such a way as by the Authority of the Parliament of this Kingdom with the Approbation of his Excellent Majesty or of His Majesties chief Governour or Governours of this Kingdom shall be thought most effectual Appendix XIII His Majesties Proclamation against the Irish Rebellion By the KING WHeras divers lewd and wicked Persons have of late risen in Rebellion in our Kingdom of Ireland surprized divers of our Forts and Castles possessed themselves thereof surprized some of our Garrisons possessed themselves of some of our Magazines of Arms and Ammunition dispossessed many of our good and loyal Subjects of the British Nation and Protestants of their Houses and Lands robbed and spoiled many Thousands of our good Subjects of the British Nation and Protestants of their Goods to great values Massacred multitudes to them imprisoned many others and some who have the Honour to serve us as Privy Councellors of that our Kingdom We therefore having taken the same into our Royal consideration and abhorring the wicked Disloyalty and horrible Acts committed by those Persons do hereby not only declare our just Indignation thereof but also do declare them and their Adherents and Abettors and all those who shall hereafter joyn with them or commit the like Acts on any of our good Subjects in that Kingdom to be Rebels and Traitors against our Royal Person and Enemies to our Royal Crown of England and Ireland And we do hereby strictly charge and command all those Persons who have so presumed to rise in Arms against us and our Royal Authority which we cannot otherwise interpret than Acts of high Rebellion and detestable Disloyalty when therein they spoil and destroy our good and loyal Subjects of the British Nation and Protestants that they immediately lay down their Arms and forbear all further Acts of Hostility wherein if they fail we do let them know that we have authorized our Justices of Ireland and other our chief Governour or Governours and General or Lieutenant-General of our Army there and do hereby accordingly require and authorize them and every of them to prosecute the said Rebels and Traitors with Fire and Sword as Persons who by their high Disloyalty against us their lawful and undoubted King and Sovereign have made themselves unworthy of any Mercy or Favour whereinour said Justices or other Governour or Governours and General or Lieutenant-General of our said Army shall be countenanced and supported by us and by our powerful Succours of our good Subjects of England and Scotland that so they may reduce to Obedience those wicked Disturbers of that Peace which by the Blessing of God that Kingdom hath so long and so happily enjoyed under the Government of our Royal Father and Us. And this our Royal Pleasure We do hereby require our Justices or other chief Governour or Governours of that our Kingdom of Ireland to cause to be published and proclaimed in and throughout our said Kingdom of Ireland Given under our Signet at our Palace of Westminster the First Day of January in the 17 th Year of
their Solicitations and Attempts with an unshaken Steadiness It was pity so true a Nobleman should not fall into better Times and among a better People he might then have been as Eminent for doing of Good as now he appears Valuable in the resisting of Evil. And thus we are come to the End of a War which as it was rashly and cruelly begun so was it by the Confederates with such Cowardise and Folly carried on that excepting One Defeat given to the Scots they never had Advantage in any One Pitch'd Battel over the British And what could be more Tragical and Infamous to them at last than that they should from the Hands of those they always villified be compell'd to beg and glad to accept the worst of all Terms namely Transplantation to such as staid and of Banishment and Transportation to the rest But how surprising are the Revolutions of this World that from these Ashes and thus scatter'd to the Four Winds there should be a Foundation laid for that Fortune which the wandring Irish found by meeting in Foreign Parts the succeeding King and the Duke of York and by their Indulgence to be able not only to set up again but as at this day to expel their Conquerors and even to menace the Tranquillity of England The Links of this Mysterious Chain are so wonderful that I can hardly forbear a short Prospect of them in the Particulars following As first to observe How the Monarch of Three Kingdoms King Charles the First sat peaceably here at Home when Scotland began to Invade him How a great Number in England siding with the Scots put His Majesty into some Straits How the Irish taking advantage hereof fell to the murthering of His Protestant Subjects in that Kingdom How his Majesty sent presently His Authority and Commissions to suppress those Rebels while He at home was by others opprest and at last overthrown and His Children driven into Banishment How in consequence hereof the same Usurpers pass into Ireland and there compleating what His said Majesty's Commission could not they there subdue and drive the Irish into the like Banishment Here then the Crysis began That both Prince and Rebel-Subjects being forced to depend on Strangers and both driven by the same Hand into a State of Common Misery it was natural enough to forget how Things before had stood between them and only to look forward either how to be reveng'd or how to subsist King Charles the Second being at the Usurper's Instance expelled also from France he makes Conditions with Spain and calls to Him from other Services all His scattered Subjects and in this it must be allow'd the Irish made a Considerable Part. But if it be true that with these New Friends He then secretly grew reconciled unto their Religion also 't is no wonder if they got farther into Favour than what before they had deserv'd 'T is also easie to believe That as His Majesty's Restauration drew nigh the Irish obtain'd from Him all the good Words imaginable so that when He came into England He lay under this Contradiction of having promis'd to the Protestants of Ireland whose Commissioners met Him at Breda the Security of all they had gotten as to the Irish before the Re-possession of all they had lost The English spared not on their part to fortifie the Promise they had by a Charge of general Guilt on the Irish And the Irish were as lowd in the Justification of their Innocence So that to reconcile this Perplexity there was Advantage taken from what Both averr'd in persuading the English to restore what might belong to an Innocent and the Irish to forego their Hopes if upon Trial they should appear to be Guilty However to make this go easier down on either side there was a Notion set up and strangely imbib'd of a prodigious Stock of undisposed Acres which were sufficient to satisfie not only the Disappointments of some but even the Expectations of all Upon this an Act is fram'd by the English and tho' by the Tenor and Contexture of it nothing was more improbable than the Qualifications of Innocence yet by Favour in a Majority of Commissioners sent and instructed how to execute that Law the Irish prov'd fortunate beyond all expectation The Duke of York was always more open and avowed in his Patronage of them from the beginning and frequent Essays were made by his Power with the King to advance and distinguish them by Marks of Favour But the King was so cautious of His own Safety and He Reigned so long that the English had time to flourish For there was an Army kept up of Seven thousand Protestants and all the Commands and Offices both Civil and Military were in the Hands of the English However as His Royal Highness drew nigher to the Throne and as his Influence with the King increas'd so began this Flourishing State of the Protestants to be undermin'd And no sooner had he gotten the Scepter but he began openly to execute what surely was before intended and the whole Frame and Contexture of the English Government was subverted and dissolv'd However we live to see as at this day how dearly King James hath paid for that Experiment and for the Hopes He had and the Attempts he made of an equal Success in England And this also is worthy of some Remark That those very Protestants in the Army of Ireland who were driven out by His Command and took Refuge in Holland should so soon return under the Prince of Orange out now Happy King and assist in driving Him not only out of England but to take Refuge in Ireland Where these Windings and Revolutions will end God Almighty only knows but since we have so hopeful a Prospect that they may determine to the Honor of His Majesty to the Advantage of the English Nation the Restauration of the Irish Protestants and the Re-establishment of True Religion in that Kingdom I see no Reason to doubt but that I may be able to give you a joyful Account of all these Things in my Third Part. AN APPARATUS OR Introductory Discourse TOUCHING The Controverted Points in this HISTORY BECAUSE contrary Interests have perplexed this Affair and prevailed with a Party sometimes to stifle and sometimes to disguise the Truth and because the Papists have represented several Parts of this History not only in another manner and in a more soft and palliating Stile than I have done but have reported sundry considerable Matters of Fact quite contrary to what I have related it will be necessary to make a particular Examination of their most material Allegations and a strict scrutiny into my Assertions and the Proofs of them or Reasons for them and because I would not interrupt the Series of the History with these inquiries I thought it convenient to insert them here by way of Introduction But before I descend to particulars it is necessary to settle this great Preliminary that will run through the whole and
and gave more Colour and Umbrage for the Suspicions that were then entertained of Him than any other Action of that Time could do And indeed this single Act of theirs did His Majesty more mischief than all the pretended Loyalty of that Party since that time can atone for However to obviate the dismal Effects of that impudent Forgery as much as they could the Lords Justices did Burlace Append 3. by their Proclamation of the Thirtieth of October 1642. publish that Sham to be false and scandalous And it is very observable That this Contrivance of theirs from whence they hoped to derive so much Advantage was the Occasion of their Ruin for the King to vindicate himself from this gross Aspersion was necessitated to devolve the Management of the War upon the Parliament and to consent to the Act of Adventurers which dispos'd of most part of the Rebels Estates and indeed to humour them in every thing relating to Ireland and particularly in giving up Carrigfergus to the Scots And on the same Fourth of November Temple 50. the Parliament of England voted 1. That Twenty thousand Pounds be forthwith supplied for the present Occasions of Ireland 2. That a convenient Number of Ships shall be provided for the Guarding of the Sea-coasts of that Kingdom 3. That this House holds fit that Six thousand Foot and Two thousand Horse shall be raised with all convenient speed for the present Expedition into Ireland 4. That the Lord Lieutenant shall present to both Houses of Parliament such Officers as he shall think fit to send into Ireland to Command any Forces to be transported thither 5. That Magazins of Victuals shall be forthwith provided at Westchester to be sent over to Dublin as the Occasions of that Kingdom shall require 6. That the Magazins of Arms Ammunition and Powder now in Carlisle shall be forthwith sent over to Knockfergus in Ireland 7. That it be referred to the King's Council to consider of some fit Way and to present it to the House for a Publication to be made of Rewards to be given to such as shall do Service in this Expedition into Ireland and for a Pardon of such of the Rebels in Ireland as shall come in by a Time limited and of a Sum of Money to be appointed for a Reward to such as shall bring in the Heads of such Principal Rebels as shall be nominated 8. That Letters shall be forthwith sent to the Justices in Ireland to acquaint them how sensible this House is of the Affairs in Ireland 9. That the Committee of Irish Affairs shall consider how and in what manner this Kingdom shall make use of the Friendship and Assistance of Scotland in the Business of Ireland 10. That Directions shall be given for the drawing of a Bill for the Pressing of Men for this particular Service for Ireland In the mean time the Lords Justices and Council did all that was possible for the Preservation of the Kingdom They on the Fifth of November dispatched a second Express to the King and another to the Lords of the Council and then and not before wrote to both Houses of Parliament and sent a Duplicate of it to the King and they formed a thousand of the stripped English into a Regiment under Sir Charles Coot and soon after they raised two Regiments more under the Lord Lambert and Colonel Crawford They also took care to Victual the Castle of Dublin and to clear an old Well that was in it and to do all things necessary to fit it for a Siege And to prevent any Surprize that might happen by the great Concourse of People to the Castle they removed the Council to Cork-house and often sat there in Council which was a great Oversight and might have been Fatal to them if the Lords of the Pale who soon after went out into open Rebellion had had the Courage to seise upon them there as they easily might have done On Saturday the Sixth of November Philip O Rely Knight of the Shire and the Irish of the County of Cavan sent an insolent Remonstrance to the Lord Justices by Doctor Jones whose Wife and Children they had at their Mercy and impowered him to assure their Lordships That there should be a Cessation of all things till the return of his Answer But tho' the Lords Justices gave a Civil Answer to it and sent the Remonstrance to the Lord Lieutenant to whom the King had ordered them to apply themselves about the Affairs of Ireland yet the very next Munday being the Eigth of November and before any Answer could come these Remonstrants Rendezvoufedâ— at Virginia a Town in the County of Cavan and proved the fiercest Rebels of all and by the Eleventh of December had taken the whole County of Cavan except the Castles of Keighlah and Croghan which were also surrendred to them the Fourth of July 1642. and Thirteen hundred and forty English Persons were thence according to Articles conveyed to Tredagh On the Eleventh of November the Lords Justices published another Proclamation prohibiting all unnecessary Persons from repairing to Dublin which the Irish took very ill and made a great noise about it tho' no Person of Quality or Business was in the least restrained by that Proclamation But their Design was to pick Quarrels and to manage all Accidents to that purpose On the Twelfth of November the County of Wickloe appeared in its proper Colours they murdered or robbed all the English Inhabitants within that County and burnt the principal Houses and laid Siege to Fort-Carew which the Lords Justices had not Means to relieve The Counties of Letrim Longford West-Meath and Louth were already infected and Wexford and Caterlogh followed the bloody Examples of their Neighbours and even the County of Kildare it self began to put on a terrible Countenance and the Irish of the Pale having gotten Arms from their English Neighbors under pretence of opposing the Rebels were the better able to do Execution on those stupid Protestants that so foolishly parted with them to their National and Hereditary Enemies The Lords Justices had by Proclamation Prorogued the Parliament to the Twenty fourth of February but at the Importunity of some Irish Lawyers who pretended great Affection to the King and earnest Desires to quench the Rebellion the Parliament which was a very thin one was permitted to meet on the Sixteenth of November and then it was visible that more were tainted with the Infection than appeared openly in Rebellion for the Popish Members did with great Cunning and Artifice endeavour to varnish or excuse all the Actions and Cruelties of the Rebels and those who seemed most to discountenance the Insurrection did nevertheless cover it over with such a Veil treat of it so nicely and handle it with so much tenderness as if themselves most of them being of the Conspiracy were immediately to participate of the Punishment as well as they were clandestinely involved in the Plot They would by do means have
Majesty how his Authority was despised by those great Pretenders to Loyalty to which his Majesty answers by his Letter of the 2d of February That he wonders at the Ingratitude of the Irish in the apparent breach of their Recognition of him in the beginning of the Articles of Peace and their solemn Protestations to himself And orders That if Ormond finds them incorrigible ☞ he should timely advise the King of it that not believing himself bound to the Conditions of Peace whilst they are destructively infringed by the Irish and made useless to his Majesty he may use other means for his Restitution and that Ormond should withdraw as soon as he thinks fit In the mean time the Popish Prelates and Clergy met proprio Motu at Cluanmacnoise and though it was expected that by the means of the Marquess of Antrim they would do something or other that would be very disobliging and seditious yet on the contrary they made most pathetical and pious Exhortations to Unity and to lay aside all National and other Animosities and declared it was in vain to expect any tolerable Conditions for their Religion Liberties and Estates from Cromwell in a word they said so much and so well that the Lord-Lieutenant was almost deceived into fresh hopes of their Loyalty and Integrity But an Adder cannot be without a sting nor a Popish Ecclesiastical Congregation meet in Ireland without doing something disobliging to the Royal Authority whilst in Protestant hands and even this meek and pious Assembly could not dissolve until it had spit some of its Venom in a Schedule of Grievances But it is yet more strange P. W.'s Remonstrance 83. that some body had the confidence to obtrude a spurious Paper of Greivances on the Commissioners of Trust instead of the true one and they gave it to the Lord-Lieutenant Whereupon he being highly incensed demanded of the Bishops whether they own'd that Paper and they denied it and on the first of April and not till then produced the true one which was pragmatical enough but not near so bad as the other But that the whole Kingdom might be satisfyed that there were no real Greivances nor just cause of Complaint since all the Mischiefs that had hapned were occasion'd by the Obstinacy of the Ungovernable Corporations Ormond did permit the Commissioners of Trust to issue their Circular Letters for Deputies from all parts of the Kingdom to represent their Grievances and accordingly they came in the latter end of January but being alarum'd at Kilkenny these Deputies adjourned to Juny I suppose Innis in the County of Clare where they made much noise but never had the confidence to reduce their clamour into writing and the Lord-Lieutenant left the City under the Government of the Earl of Castlehaven and went himself to Limerick to which place by his Letters of the 27th of February he invited the Popish Prelates and Clergy and they being come accordingly on the 8th of March his Excellency proposed to them That unless the People might be brought to have a full Confidence in him P. W.'s Remonstrance 75. and yeild a perfect Obedience unto him and unless the City of Limerick in particular would receive a Garrison and obey Orders there was no hopes of making any considerable Opposition to the Enemy and desired them to deal freely if they had any mistrust of him or dislike of his Goverment since he was ready to do any thing for the Peoples preservation that is consistent with his Honour and his Duty to the King And since it was manifest that the Name without the Power of Lord-Lieutenant could bring nothing but Ruine upon the Nation and Dishonour upon him they should either procure entire Obedience to his Authority or propose how the Kingdom might be preserved by his quitting it To all which they answer'd with many expressions of Respect and Affection and gave his Excellency a Paper of Advice mention'd Appendix 45 and so we must leave them for a while and see what was done in the rest of the Provinces In Ulster the Presbyterians and especially the Scots were fierce against the Parliament of England insomuch that the Presbytery of Belfast did on the 15th Feb. 1648 publish a Paper entituled A necessary Representation of the present Evils and eminent Dangers to Religion Laws and Liberties arising from the late and present Practises of the Sectarian Party in England together with an Exhortation to Duties relating to the Covenant The design of which is to exhort the People from associating with Sectaries or Malignants To which Sir Charles Coot and others of the Parliament party made an answer wherein they observe That if they decline the Parliament Burlace 207. they shut the door against all Succours and Supplies from England And secondly They make a Rent and Division amongst themselves And thirdly Must joyn with the Rebels or desert the Kingdom And lastly Must fight against an Army that hath been the Instrument of the Liberty of England and the Quiet of Scotland And it is certain that for want of due regard to the Dilemma in the third Observation the Presbyterian party fell into the Inconvenience mentioned in the second for the Lord of Ards Sir George Monroe and others joyned with the Lord-Lieutenant and the Irish in submission to the King whilst many of the Preachers declaimed so passionately against both Malignants and Sectaries as they called the King's party and the Parliament's that Sir George Monroe was fain to send many Letters and some Threatning Messages to silence them But this Division became the occasion of their Ruine for though they had once all Ulster except London-Derry which was also besieged yet they were in very few Months subdued for as soon as that Siege was raised by Owen Roe Sir Charles Coot marched abroad and took in Colâ—rain And Venables being by Cromwell detach'd from Tredagh had Belfast surrendered to him and though Collonel Trevor did fall upon Venables in his Quarters on the Road to Belfast yet he was bravely repulsed by the Valour of Captain Meredith and then Venables marched to Carrifergus which submitted to him even before his Foot came up and being joyned with Sir Charles Coot they beat Monroe and the Scots on the Plains of Lisnegarvy on the 6th of December and so the Parliament became Masters of most part of what the Presbyterians possest in Ulster But it must not be forgotten that Lieutenant-Collonel Owen O Conally the first Discoverer of the Irish Rebellion marching with a party of Horse from Belfast to Antrim was fallen upon by Monroe and totally routed and himself slain And as for Conaught Beling 196. I find no other mention of any Action there but that the Marquess of Claâ—rickard took Sligo in the Month of May 1649 I suppose from some of the Parliament party In the mean time Cromwell took advantage of the fair Weather ☜ and knowing that nothing could be so destructive to the Irish who wanted all
side was urged a contrary proceeding to the utter cutting off all the English Protestants where to the Instances of the dismissed Moors it was answered that that was sole act of the King and Queen of Spain contrary to the Advice of their Council which howsoever it might gain that Prince a name of Mercy yet therein the event shewed him to be most unmerciful not only to his own but to all Christendom besides That this was evident in the great and excessive charge that Spain hath been since that time put unto by these Moors and their Posterity to this day All Christendom also hath and doth still groan under the miseries it doth suffer by the Piracies of Argiers Sally and the like Dens of Thieves That all this might have been prevented in one hour by a general Massacre applying that it was no less dangerous to expel the English That these Robbed and Banished men might again return with Swords in their hands who by their hard usage in spoiling might be exasperated and by the hope of recovering their former Estates would be incensed far more than strangers that were sent against them being neither in their Persons injured nor grieved in their Estates that therefore a general Massacre was the safest and readiest way for freeing the Kingdom of any such fears 3. In which diversity of Opinions howsoever the first prevailed with some for which the Franciscans saith this Fryer one of their Guardians did stand yet others inclined to the Second some again leaned to a Middle way neither to dismiss nor kill And according to this do we find the event and course of their proceedings In some places they are generally put to the Sword or to other Miserable ends some restrain their Persons in durance knowing it to be in their hands to dispatch them at their pleasures in the mena time they being reserved eitheir for profit by their Ransom or for exchange of Prisoners or gaining their own Pardons by the lives of their Prisoners if Time would serve or by their death if the worst did happen to satisfie their fury The Third sort at the first altogether dismissed their Prisoners but first having spoiled them of their Goods and after of their Raiment exposed the miserable wretches to Cold and Famine whereby many have perished by deaths worse than Sword or Halter Hitherto of their Councils and the effects of them Now for their intentions all being reduced which God forbid into their Power and thereof they do as by some Law give such peremptory conclusions that it may well be wondred the thoughts of men professing themselves wise should be so vain and herein I do still follow mine Informer First Their Loyalty to his Majesty shall be still reserved Thus say they of the modest sort but both his Revenues and Government must be reduced to certain bounds His Rents none other than the antient Reservations before the Plantation and the Customs so ordered as to them shall be thought fitting Secondly For the Government such as would be esteemed Loyal would have it committed to the hands of two Lords Justices one of the antient Irish race the other of the antient British Inhabitants in the Kingdom Provided that they be of the Romish profession Thirdly That a Parliament be forthwith called consisting of whom they shall think fit to be admitted wherein their own Religious men shall be assistants Fourthly Poinings Act must be Repealed ☜ and Ireland declared to be a Kingdom Independent on England and without any reference unto it in any case whatsoever Fifthly All Acts prejudical to the Romish Reiligion shall be abolished and it to be Enacted That there be none other Profession in the Kingdom but the Romish Sixthly That only the antient Nobility of the Kingdom shall stand and of them Such as shall refuse to conform to the Romish Religion to be removed and others put in their room howsoever the present Earl of Kildare must be put out and another put in his place Seventhly All Plantation Lands to be recalled and the anuient Proprietors to be Reinvested in their formere Estates with the limitations in their Covenant expressed That they had not formerly Sold their Interests on valuable considerations Eightly That the respective Counties of the Kingdom be Subdivided and certain Bounds or Baronies assigned to the chief Septs and others of the Nobility who are to be answerable for the Government thereof and that a standing Army may be still in being the respective Governors being to keep a certain Number of men to be ready at all Risings out as they term it They also being to build and maintain certain Fortresses in places most convenient within their Precincts and that these Governors be of absolute Power only responsible to the Parliament Lastly For maintaining a correspondence with other Nations and for securing the Coasts That also they may be rendred considerable unto others a Navy of a certain number of Ships is to be maintained That to this end five Houses are to be appointed one in each Province accounting Meath for one of them That to these Houses shall be allotted an Annual Pension of certain Thousands of Pounds to be made up of part of the Lands appropriate to Abbies and a further contribution to be raised in the respective Provinces to that end That these Houses are to be assigned to a certain Order of Knights answerable to that of Malta who are to be Seamen And to maintain this Fleet that all prizes are to be appointed some part for a Common Bank the rest to be divided to which purpose the felling of Woods serviceable for this use is to be forbidden The House for this purpose to be Assigned to the Provice of Leinster is Kilmainham or rather Howth the Lord of Howth to be otherwise accommodated provided that he joyn with them that place being esteemed most convenient in respect of Situation For effecting of all which they cast up the Accounts of the whole Forces of this Kingdom ☜ that it is able to make up readily Two hundred thousand able men wanting only Commanders and some expert Soldiers for the present with Arms and Ammunition of all which they expect a speedy supply out of Flanders their own Regiments there Exercised being to be sent over and some Ships from Spain allotted for Service That this Kingdom being setled There are Thirty thousand men to be sent into England to joyn with the French and Spanish Forces and the Service in England performed jointly to fall upon Scotland for reducing both Kingdoms to the obedience of the Pope which being finished they have engaged themselves to the King of Spain for assisting him against the Hollanders And for drawing their followers to some Head and for giving the fairer Gloss to their foul Rebellion it is to be admired what strange and unlikely rumours of their own devising they cast abroad sometimes that many Sail of Spaniards are Landed now at one Port then at another that Drogheda
of Tanistry and Gavelkind abolished 10 Commission of Grace 11 15 32 Case of Tâ—nures 56 Conaught Transactions there An. 1641 97 Anno 1642. 113 Anno 1643. 113 Anno 1644. 146 Anno 1645. 159 Anno 1646. 190 Anno 1647. 198 Anno 1648. 203 Coot Sir Charles slain at Trim 107 Committee of English Parliament sent over and what they did 108 109. Cessation treated of 130 and concluded 133 how resented 133 wherein violated 135 Cessation between the Irish Insiquin 199 Cromwel landed at Dublin C. 2. 7 and takes Tredagh C. 2. 8 and Wexford C. 2. 9 and Ross ibid. 10 and Clonmell ibid. 10 returns to England ibid. 17 Clanrickard Marquess made Lord-Deputy C. 2. 52 High Commission Court and what they did C. 2. 70 D. O Dogharty rebells 13 and is slain 14 E. Earls of Tyrconnell and Antrim created 8 Earl of Castlehaven executed 54 F. Lord Falkland Lord-Deputy 39 has a Controversy with the Chancellor 42 is removed 53 G. Glamorgan Earl sent to Ireland 150 makes a secret Peace with the Irish 154 is committed 155 his Opinion of the Irish 157 Grant Winter his Negotiation 194 Galloway surrendred C. 2. 69 H. Hartegan's Letter 149 I. Irish demand Toleration of Religion 8 43 and obtain Graces 45 whereupon they grow 〈◊〉 53 they desire to inspect the Store 71 and universally rebel 72 and enter into an Association 123 and appoint a Government 125 and send Ambassadors to Foreign Princes 149 197. Instances of their Disloyalty C. 2. 54 Lords Justices Jones and Denham 33 Ely and Powerscourt 36 Ely and Cork 53 Ely and Wandesford 59 Dillon and Parsons 64 Parsons and Burlace ibid. Burlace and Titchburn 127 Inquisitions into the King's Title 56 Ireton has command of the Army C. 2. 17 and takes Waterford C. 2. 56 and Limerick ibid. 69 and dies ibid. K. King James of Irish Extraction 1 his Title to the Crown 2 his Declaration against the Rebel Earls of Tyrone and Tyrconnel 12 his Speech to the 〈◊〉 Irish 25 his Answer about Sir Oliver St. John â— 35 King Charles Crowned 41 sends notice of the Irish Conspiracy 65 and Proclamations against the Rebels 86 and surrenders himself to the Scots 164 King Charles II. proclaimed C. 2. 1 declares against the Peace of 1648. C. 2. 34 L. Lalor the Priest indicted of Premunirâ— 11 his Equivocation ibid. London City their Articles with the King about their Plantation in Ulster 16 Lords of Kerâ—y and Slane dispute Precedency 29 Lords Courcey and Saâ—sfield dispute the Title of Kingsale 43 Lord High Steward appointed to try Lord Dunboyn by his Peers 42 Limerick deals barbarously with the Heralds 166 and as bad by the Ld Lieut. C. 2. 21 is taken by Ireton C. 2. 69 Lorrain Duke his Negotiation 25 27 M. Mountjoy Lord made Lord Lieutenant 8 goes to England ibid. Monasteries rebuilt 10 Meleâ—ont surrender'd 82 Munster the Transactions there An. 41. 93 Anno 1642. iii 1643. 129 143 1644. 144 1645. 157 1646. 189 1647. 196 1648. 203 Munster Towns revolt C. 2. 12 Mahonyes libellous Book publish'd 198 N. O-Neil Sir Phelim repuls'd at Lisnegarvy 82 yet refused to treat of Peace 87 Nuncio arriâ—es 153 and opposes conclusion of the Peace 155 and delares against it when made 166 and endeavours to intercept the Lord Lieutenant 169 is Generalissimo of two Armies C. 2. 17 which he march'd to Dublin 17 and prefers a 〈◊〉 Wrâ—tch to a 〈◊〉 20â— and Excommunicateâ— the Supram Council c. 199 and leaves the Kingdom C. 2. 3 O. Ormond comes to Dublin 75 obtâ—â—â—â— a Victory in Kilrush 106 and another at Roâ—â— 3 is made Lord Lieutenant 137 is like to be intercepted by the Nâ—â—â—â—io's Party 169 therefore Treate with the Parliament of England 179 and renews that Treaty 187 and surrenders Dublin 193 but returns to Ireland 202 and concludes the Peace of 1648. 204 marches towards Dublin C. 2. 4 is defeated at Rathmines C. 2. 7 Excommunicated by the Irish C. 2. 31 and leaves the Kingdom C. 2. 5â— Oxford the Negotiation of the Irish Agâ—nts there 138 139 140 141. 〈◊〉 P. Papists generally come to Church 9 are mutinous in the Parliament 23 send Agents to England 25 revolâ—e from the Army 86 Parliament intended in Ireland 18 and called 21 disturb'd by the Papists 22 but 〈◊〉 with Effect 30 Plot of the Irish of Ulster discovered 33 another Plot discovered 56 Pope forbids the Oath of Allegiance 141 sende a Bull to the Irish 12â— Proclamation against Popish Clergy 53 St. Patricks Purgatory discovered to be a Cheat 54 Parliament of Ireland sâ—â—d a Râ—monstrance to England 61 and a Petition with a Schedule of Grievances 164 and impeach the Bishop of Derry 〈◊〉 Lord Chanceller c. 65 i◠〈◊〉 Annâ— 1644. 137 and makes a Remonstrance of Thanks to Ormond 188 Pale Lords and 〈◊〉 of it rebel 76 83 are ill used by the Irish of Ulster 93 Peace 〈◊〉 of Anno 1644. 143 the Treaty resum'd Anno 1645. 150 Lord Digby's Letter to hasten it 151 the Assâ—â—blies Declaration concerning it 152 it is opposed by the Nuntio 155 and â—â—butâ—d in the Assembly 156 but is concluded 162 and published 165 and immediately broken 166 and rejected by the Assembly 185 Peace of 1648 made 204 Preston General proclaims the Peace 165 and breaks it 170 his Letter on that Occasion 170 his O-Neals 〈◊〉 Propositions 173 his Engagement and Oath to the Nuntio 170 yet he agrees with Ormond 181 and breaks that Agreement 182 for which Ormond reproaches him 183 Popish Clergy meet at Kilkenny 123 and at Waterford 166 and at Clâ—anmacnoise C. 2. 14 and deal deceitfully with Insiquin and Ormond C. 2. 19 they meet at Jamesâ—Town C. 2. 25 and Excommunicate the Lord Lieutenant and endeavour to revive their first Confederacy C. 2. 50 53 R. Rebellion of the Irish 1641. 72 â—ruel beyond Example 73 93 and no less treacherous 77 79 82 discovered by Owen Oâ—Conally 74 Lords of the Pale engaged in it 76 Irish pretend the Kings Commission 78 Declarat of Irish Parlm against it 80 the King's Proclamation against it 86 Read Sir John rackâ— and why 104 Remonstrance from Longford 80 from the Irish at Trim 110 Rupert Prince at Kingâ—ale C. 2. 1 S. St. John Sir Olâ—ver Lord Deputy 33 is removed 36 and made Lord Grandison c. 36 Spanlard has liberty to raise 4000 Men in Ireland 71 Supream Council appointed 126 are imprisoned by the Nuntio 170 make Cessation with Insiquin 199 are Excommunicat by the Nuntio ib. T. Tyrone Earl renews his submission â— rebels again 12 and is attaâ—â—â—ed ibid. Tredagh besieged by the Irish 88 taken by Insiquin Cromwel C. 2. 4 8 V. Vniversities of Valadolid and Salamanca their judgment 3 Usher Bishop of Meath preaches before the State 39 but is forced to explain his Sermon ib. Ulster Transactions Anno 1641. 98 Anno 1642. 114 1644. 147 1645. 160 1646. 190 1647. 198 1648. 203 W. Waterford loses its Liberties 34 Wentworth Lord made Ld Deputy 55 calls a Parliament ibid. which gave six Subsidies ibid. be returns to England 57 his Speech at the Council-Board ibid. he returns to Ireland 58 and back to England 59 and returns Earl of Strafford and Lord Lieutenant ibid. holds a Parliament which grants four Subsidies ibid. his Impeachment and Defence 66 A Table to the Appendix I. A Letter from the City of Cork II. Owen O-Conally's Examination III. The Irish Remonstrance from Longford IV. The Lords Justices and Councils Letter to the King V. The Irish 〈…〉 VI. An excellent Answer to it VII The Lord Macgâ—â—re's Examination VIII The Lord of Gâ—rmanstown's Commission IX Dr. Jones's Examination X. Dr. Maxwell's Examination XI The Irish Declaration upon what Terms Protestants might live in their Quarters XII The Declaration of the Irish Parliament against the Rebellion XIII The King 's Proclamat against the Rebellion XIV The Irish Oath of Association XV. The Pope's Bull. XVI The Articles of Cessation XVII The Lord Insiquin's Complaint for the Breaches thereof XVIII The Declaration of the English Parliament against the Cessation XIX A Proclamation of an Irish Governor against Commerce with the English XX. The Army's Remonstrance XXI 〈◊〉 Propositions of the Irish Protestants to the King at Oxford XXII Instructions on which they were founded XXIII The Irish Propositions at Oxford and the Answers 〈◊〉 them XXIV The 〈◊〉 of Peace 1646. XXV The Munster â—â—tition against that Peace XXVI The Articles between Sir Kenelm Digby and the Pope XXVII Articles made with the E. of Glamorgaâ— XXVIII The Kings Letter about Glamorgans Peace XXIX The Determination of the Popish Clergy about restoring Churches to the Protestants XXX The Declaration of the Congregation at Waterford against the Peace of 1646. XXXI The Nuncio's Excommunication of the Aâ—â—erents to the 〈◊〉 of 1646. XXXII Preston's Engagement Oath to Nuncio XXXIII Marquesâ— of Clanrickard's Engagement XXXIV Preston's Engagement to the L. Lieutenant XXXV The Declaration of the Papists against the renewed Peace XXXVI The Declaration of the Assembly against the Peace of 1646. XXXVII Clanrickard's Letter about the Proceedings of the Irish XXXVIII Articles between the Mâ—rquesâ— of Ormond and the Parliament Commissioners XXXIX The Remonstrance of the Army in Munster January 1647. XL. Instructions for the Irish Ambassadors 〈◊〉 Foreign Princes XLI Friar King's Letter to the Tâ—t 〈…〉 XLII Ormond's Declaration on his arrival 1648. XLIII Articles of Peace 1648. XLIV A Circular Letter from the Popish Clergy in approbation thereof XLV Remedies proposed by the Popish Clergy and the Answer XLVI The Address of the Popish Clergy to the Lord Lieutenant and the Answer XLVII The Commissions to the Titular Bishop of Fâ—rns c. to treat with Foreign Princes XLVIII The Declaration and Excommunication of the Lord Lieutenant by the Popish Clergy at James-Town XLIX Marquess of 〈◊〉 Information and the Observations thereupon Errata in the Letter Page 14. line 29. dele fourty Page 17. dele 1678 in the Margent
REX ET REGINA BEATI HONI · SOIT · QVI · MAL · Y · PENSE · R. White scul Printed for Ioseph Watts in S t Pauls Church Yard HIBERNIA ANGLICANA OR THE HISTORY OF IRELAND From the Conquest thereof by the ENGLISH To this Present Time WITH An Introductory Discourse touching the Ancient State of that Kingdom and a New and Exact Map of the same PART I. By RICHARD COX Esq Recorder of Kingsale Ardua res est vetustis novitatem dare obsoletis nitorem obscuris lucem dubiis fidem Plin. Attamen audendum est veritas investiganda quam si non omnino Assequeremur tamen propius ad eam quam nunc sumus tandem perveniemus LONDON Printed by H. Clark for Ioseph Watts at the Angel in St. Paul's Church-Yard MDCLXXXIX TO THEIR Most Excellent Majesties WILLIAM AND MARY By the Grace of God King and Queen OF England Scotland France and Ireland Defenders of the Faith c. May it please Your Majesties I Should not presume to lay this Treatise at Your Royal Feet but that it concerns a Noble Kingdom which is one of the most considerable Branches of Your Mighty Empire It is of great Advantage to it that it is a Subordinate Kingdom to the Crown of England for it is from that Royal Fountain that the Streams of Justice Peace Civility Riches and all other Improvements have been derived to it Campion 15. so that the Irish are as Campion says beholding to God for being conquered Davis 2. And yet Ireland has been so blind in this Great Point of its true Interest that the Natives have managed almost a continual War with the English ever since the first Conquest thereof so that it has cost Your Royal Predecessors an unspeakable Mass of Blood and Treasure to preserve it in due Obedience But no Cost can be too great where the Prize is of such Value and whoever considers the Situation Ports Plenty and other Advantages of Ireland will confess That it must be retained at what rate soever because if it should come into an Enemy's Hands England would find it impossible to flourish and perhaps difficult to subsist without it To demonstrate this Assertion it is enough to say That Ireland lies in the Line of Trade and that all the English Vessels that sail to the East West and South must as it were run the Gauntlet between the Harbours of Brest and Baltimore And I might add That the Irish Wool being transported would soon ruine the English-Clothing-Manufacture Hence it is that all your Majesties Predecessors have kept close to this Fundamental Maxim Of retaining Ireland inseparablely united to the Crown of England And though King Henry II may seem to deviate from this Rule by giving the Kingdom to his Son John yet this is to be said for him That he thought the Interest and Expectations his Son had in England would be security enough against his Defection and the rather because he could not then keep Ireland without continual Aids and Supplies from hence However this very Example was thought so dangerous that Ireland was never given away since that time except once by Henry the Third and then only to the Prince who was his Heir apparent and on this express Condition Ita quod non separetur a Corona Angliae I do not mention that unaccountable Patent to Robert de Vere Earl of Oxford and Duke of Ireland not only because there was a Tenure by Homage reserved so that it was not a total Alienation and because it was but for Life and cum mixto Imperio but chiefly because it never took effect so that it was but Vmbratilis Honor cito evanuit But it is needless to tell your Majesties That Ireland must not be separated from England or to solicit your speedy Reduction of that Kingdom since the loss of it is incompatible with Your Glory and to suffer the Ruin of four hundred thousand Irish Protestants meerly for their adherence to Your Majesties and their Religion is inconsistent with your Goodness But in Truth the Recovery of Ireland was not proper for Your Majesty's Undertaking until it became difficult beyond the Hopes of others any Body can do easie things but it is Your Majesty's peculiar Talent to atchieve what all the rest of the World think Impossible Your Majesty did so in buoying up a sinking State and restoring it to a more Glorious Condition than ever it was in before And Your Majesty did so again in retrieving from Ruine two expiring Kingdoms that were at their last Gasp and the Recovery of the third is all that remains to consummate your Glory and make You the Darling both of Fame and of Fortune And when that is done Madam the bright Example of your Majesty's Virtue and Piety will influence that degenerate Nation to such a degree of Reformation and Religion as will restore that Kindgdom to its ancient Appellation and Ireland will again be called Insula Sacra That Your Majesty's Glorious Designs for the Advantage of England and the Recovery of Ireland for the Propagation of the Protestant Religion and for the Good of Mankind may be blessed with Success suitable to Your Majesty's Generous and Pious Intentions And that Your Majesties long and happy Reign here may be crowned with Everlasting Happiness hereafter shall be the fervent as well as daily Prayers of May it please Your Majesties Your Majesties most Dutiful most Loyal and most devoted Subject R. COX TO THE READER SInce Ireland is reckoned among the Principal Islands in the World and deserves to be esteemed so whether you consider the Situation of the Country the Number and Goodness of its Harbours the Fruitfulness of the Soil or the Temperature of the Climate it is strange that this Noble Kingdom and the Affairs of it should find no room in History but remain so very obscure that not only the Inhabitants know little or nothing of what has passed in their own Country but even England a Learned and Inquisitive Nation skilful beyond comparison in the Histories of all other Countries is nevertheless but very imperfectly informed in the Story of Ireland though it be a Kingdom subordinate to England and of the highest importance to it This could never be so if there were extant any compleat or coherent History of that Kingdom which indeed there is not those relating to the Times before the Conquest being Fabulous and those since but Scraps and Fragments As for those Histories that treat of the Times before the English-Conquest Doctor Keating's is the best and is exceedingly applauded by some that did and others that did not know better Prospect in Pref. 13. Peter Walsh thinks 't is the only compleat History that we have of all the Invasions Conquests Changes Monarchs Wars and other considerable Matters of that truly ancient Kingdom But after all it is no more than an ill-digested Heap of very silly Fictions And P. W's Prospect which is in effect the Epitomy
of Keating in English with all the Art he could use to polish it will never pass for more than an Utopian Atchievement And Mr Flaherty's Ogigia must expect the same Fate though he has shewn a great deal of Learning and Industry in methodizing the Story and fitting a Table of Synchronism to it which with small Variation might serve as well for the History of the Seaven But those Tracts that have been written of later times have most of them another Fault they generally write true but not observing Chronology they jumble Times Persons and Things together and so confound the Story Sir James Ware was the first that mended this Error and is undoubtedly the best Author that has undertaken the Irish History but he has only the four Reigns of Henry VII Henry VIII Edward VI and Queen Mary Campion and the rest have but a Scrap here and there and that it self very imperfectly And Camden's Annals Fryer Clun's and others that were mostly collected by the Monks are very faulty and have no coherence Spencer's View of Ireland is very well and Sir John Davys his Discourse is better but both are Commentaries rather than Histories It must therefore follow That an Entire and Coherent History of Ireland must be very acceptable to the World and very useful to the People of England and the Refugees of Ireland especially at this Juncture when that Kingdom is to be re-conquered and perhaps Time may produce such a one But as no Body was born a Man but by degrees increased from his Childhood so you must not expect all the Perfection in the first Edition which Time and better Information may produce in a Second In the mean time this Collection will give you such a Scheam and Idea of the Irish Affairs as will be useful to you till you can get a better I will not pretend this Collection is free from Mistakes no wise Man will expect that for be that Copies after others as Collectors of Histories must do cannot always be sure he writes Truth Who is so Skilful says Cambden that strugling with Time in the foggy dark Sea of Antiquity may not run upon Rocks And whoever writes an Irish History must to make Coherence sometimes conjecturis venari as Sir James Ware says But I assure the Reader There is no wilful Prevarications herein and that if I discover any Mistakes at all I will at the End of the Book or by new Sheets which may be bound up with it publish the correction of such Mistakes as soon as conveniently may be And now perhaps the Reader expects I should bespeak his Favour But I am far from being solicitous about the Reception this Book will have in the World for either the Censurer could do it better and then â—e should have done so and not like a Dog in a Manger hinder others and do nothing himself or he could not do it better and then by censuring me he will but proclaim himself an envious Coxcomb for none but such will find Fault with that which they cannot mâ—nd In a Word the Censure of Fools or conceited 〈◊〉 can do me no Prejudice and the Wise and the Learned will be more Just and Ingenuous than to reward the great Pains I have taken in collecting and methodizing this perplexed History with any thing that is Censorious or unkind But how ungrateful soever the Reader may be to me I will nevertheless give him the best Help I can to understand the Irish History which he can never well do without penetrating into the true Causes of those innumerable Fewds Wars and Rebellions that have been in that Kingdom most of which I think were founded on those great Antipathies which were created by Difference in Nation Interest or Religion The Difference of Nation concerned the Irish on one side and the British on the other for the Scots though some of them were extracted from the Irish yet only such as sympathized with them in Language Manners Customs Religion and Interest were accounted Irish as Mac Donald Mac Connel c. and the rest who communicated with the English in those five Particulars are reckoned as such and justly comprehended under the Appellation of British As for the English they are undoubtedly a mixt Nation compounded of Britons Danes Saxons and Normans And some think the Irish are also a mingled People of Britons Gauls Spaniards and Easterlings and therefore called Scots i.e. an Heap And 't is certain they are at this Day a mixt People if it were for no other Reason but that there is hardly a Gentleman among them but has English Blood in his Veins However the Irish Antiquaries do Assert That the Irish are a pure and ancient Nation and they derive their Pedigree through the famous Milesius and by their Father Gathelus are descended from Feinsa Farsa and other great Emperors of Scithia and by their Mother Scota they were extracted from the mighty Kings of Egypt But the Jest of it is That since only two Sons of Milesius came into Ireland viz. Hiber and Herimon with about three thousand Soldiers if all the Irish are of the Race of Milesius it must follow That those two Sparks were Patres Patriae in a literal Sense and be got Children for the whole Army but however that be it is certain there were great Antipathies between the Irish and English Nations as usually there is between the Conquerors and the Conquered but by degrees the English grew so much in love with the Despotick Power of the Lords and the Licentiousness of the Commons that they insensibly degenerated not only into Irish Customs Habit and Manners but also assumed Irish Names as Burk Mac William Fitz-Stephens Mac Sliny Courcy Mac Patrick Hodnet Mac Shery Barry Mac Adam Birmingham Mac Pheoris and many others so that this Difference of Nation was on the old English Side designed to be buried in Oblivion But the Irish would not be so served for they considered the first Conquerors but as unjust Intruders into and usurpers of other Men's Estates and therefore they expected some favourable Opportunity one time or other to get rid of them though for the present they were necessitated to joyn with them and therefore they carefully kept up the distinction of Nations and by no Laws or Allurements could be brought to part with their Language or Habit or even the most of their barbarous Customs however the secret of this design was not divulged until O neal in his Triumphs to Munster blab'd it out for being told That Barret of Castlemore though an Englishman was a good Catholick and had been there four hundred Years he replied That he hated the Clown as if he had come but Yesterday Since that we have many more Instances of it and that this Antipathy has extended it self even to English Cattle and Improvements It was another O Neal that said It did not become him to writh his Mouth to chatter English Irish Stat. 233. and that executed a
preserve the Bulk of that People and make them serviceable to the Government which will not be practicable unless first the Raporees are severely corrected for their past Enormities and afterwards strictly kept in Obedience And perhaps it may be very useful both to the Reduction and Settlement of Ireland to make a Difference between those Papists that are of English Extraction those that are not for although at this Day they would laugh at the Distinction yet upon the first considerable Baffle they meet with they will certainly leap at the Qualification In the mean time it may be demanded How it comes to pass that the Papists in three Years have more weakned the Protestants of Ireland in Quantity Quality and Estate in a time of Peace and the Law on their side than the Protestants could weaken them in forty times that space But the Answer is easie That the Protestants are obliged to Rules of Charity and Forms of Justice which whether others observe or not will be manifest by what they have done for whereas it is most consonant to Reason Law and the Polity of that Kingdom that the small Colony of British in a conquered Country should be protected against the numerous Natives by an Army of their own Nation and Religion and so has it been practised for five hundred Years and ought rather to be now because a Protestant Parliament gave a great yearly Revenue to that very End most part of which was also paid by Protestants Yet have we seen all this Reason Law and Polity subverted and that Army disbanded with Circumstances as bad as the Fact and Enemies introduced to guard us against themselves and Mountaneers garrisoned within those Walls that were purposely built to keep them out And whereas the Force of the Common Law is resolved into Tryals by Jury was it not a subversion of the Common Law in a Country where Perjury is so frequent that Irish Evidence is become proverbially scandalous to make Judge Sheriff Jury Witnesses and Party all of a sort what Justice a Protestant could expect in such a Case may appear by those notorious Murders and other great Crimes that have passed unpunished And by those many hundreds of Protestants who without Colour or Circumstance of Truth have been impeached for Treason Seditious Words Night-walking or Vnlawful Assemblies c. And as if all this was not enough unless they entailed these Miseries upon the Protestants and even legitimated them by Act of Parliament they have in order to that seized upon all Corporations and dissolved them on forged or frivolous Pretences in so precipitate a manner that they did not allow competent time to draw much less to review the Pleadings they reversed the Outlaries of the Popish Lords and projected to call their eldest Sons by Writ and so made themselves sure of both Houses of an Irish Parliament But alass these Complaints are drowned in greater and the Insolence and Barbarity of the Raporees is not to be expressed it was tolerable whilst the Protestants suffered under Pretence or Forms of Law but when these Wolves were let loose the English were plundered of all they had at Noon Day in the face of the Sun in Times of Peace and without Provocation and which was a greater Aggravation of this Crime it was done in many Places by the Servants and Tenants they had kept from starving and the Neighbours they had most obliged so that the Protestants of Ireland are entirely ruined by an ungrateful People themselves had cherished and supported But to proceed I have been curious to give the Vice-Roys of Ireland their proper Titles and yet I am not sure that I am always exact nor is it of any great Importance whether I am or no since their Power is measured by their Commission and not by their Denomination And although I have gathered many Materials towards a Second Part yet it will be some time before I can publish it because I shall expect that those generous Persons that have collected any curious Observations of the Later Times will either communicate them to me or command mine which I will readily part with to any Body that will undertake that Province it being indifferent to me so the thing be done whether it be performed by mending mine or beginning a new Work AN APPARATUS OR Introductory Discourse TO THE HISTORY of IRELAND CONCERNING The State of that Kingdom before the Conquest thereof by the English IRELAND is an Island seated in the Vergivian Sea on the western Side of Great Britain next to which it is the biggest Island in Europe it extends from North to South about three hundred English Miles in length and it is one hundred and eighty of the same Miles broad from East to West in some Places more in some less it contains above ten Millions and a half of Plantation which is near seventeen Millions of English Acres of Land so that it is four time as big as Palestine and holds Proportion with England and Wales as 17 to 30. The Country is not at all inferior to England for Number or Goodness of Harbours Fertility of Soyl Plenty of Fish both in the Fresh and Salt Water Fowle Wild and Tame and all Sorts of Flesh Corn and Grain and every thing else necessary for the Life of Man saving that in some of these England has got an Advantage by Improvement and good Husbandry The Irish Rivers are both more numerous and more Clear the Shenin is bigber than the Thames and might be made Navigable almost two hundred Miles the Air indeed of England is more serene and consequently more hot in Summer and more cold in Winter nevertheless that Ireland is the healthier Country may be argued from hence That seldom any Pestilential Disease rages there and no part of that Kingdom is so unhealthy as the Fenns of Huntington Lincoln and Cambridge Shires the Hundreds of Essex or the Wild of Kent and it may be expected That as the Bogs are drained and the Country grows Populous the Irish Air will meliorate since it is already brought to that Pass That Fluxes and Dissenteries which are the Country Diseases are neither so riâ—e nor so mortal as they have been heretofore Things most observable of that Country are That nothing venomous will live in it there are Spiders but not poysonous Ireland breeds the largest Grey-hound in the World they are called Wolf-Dogs and will dwindle and grow much smaller in two or three Generations in any other Country The Irish Hawk is reputed the best in Europe and the Irish Hobbies or ambling Nags can hardly be matched nor do any Seas abound with Pilchards more than the Southern Irish Sea it is very rare to have an Earthquake in Ireland and when it happens it is portentuous there are a thousand Lies reported of wonderful things in Ireland but the only extraordinary thing I can aver true is the strange Quality of Logh neâ—gh that turns Wood into Stone and I
the Romans in the time of Celebrating the Feast of Easter until the Southern Part conformed in the Time of Pope Honorius the First and the Northern about forty Years after and that both sides pretended to Miracles and were sainted particularly Bishop Aidan Finan and S. Collumkille all which opposed the Roman Usage in this Matter this Party were called Quartodecimans and were so abhorred by their Adversaries that they re-ordained all that were consecrated by them and sprinkled the Churches with exorcized Water and rebaptized all that desired it and it seems the others were as angry with them and shunned their Company and Communion He shews That about the Year 843 the British See appealed to Constantinople for Instructions in this Matter which City it seems was then counted as oraculous as Rome But it seems to me That the Pelagian Heresie which raged over all Ireland as well as England is a Proof beyond Reply That the Irish did not believe or consult the Pope as an Infallible Oracle of Truth because it is the highest contradiction that can be nay 't is impossible to believe a Man Infallible and yet not to believe what he says Lastly when he has refuted the Pope's Pretences to a Temporal Dominion in Ireland and has asserted Polydore Virgil to be the Inventer of that Concession pretended to be made by the Irish on their Conversion quod nota postea pag. 2 he asserts That Ireland is a very ancient Kingdom and introduces the English Ambassador at the Council of Constance speaking after this manner It is well known That according to Albertus Magnus and Bartholomaeus in his Book de Proprietatibus rerum the whole World being divided into three Parts viz. Asia Africk and Europe Europe is divided into four Kingdoms namely the Roman for the first the Constantinopolitan for the second the third the Kingdom of Ireland which is translated unto the English and the fourth the Kindgom of Spain Whereby it appeareth That the King of England and his Kingdom are of the more Eminent Ancient Kings and Kingdoms of Europe which Prerogative the Kingdom of France is not said to obtain But whatever the Religion of the Irish was formerly it is certain that at this Day it is rather a Custom than a Dogma and is no more than Ignorant Superstition not one in a hundred of the Common People know any thing of even the most essential Articles of the Creed but having resigned their Faith to their Priest they believe every silly Story he tells them And as the Primate Vsher observes tho they are slow of Heart to believe Saving Truth of God delivered by the Prophets and Apostles yet they with all greediness imbrace and with a most strange kind of Credulity entertain those lying Legends wherewith their Monks and Fryers in these later Days have polluted the Religion and Lives of our Antient Saints The Christian Names of the Irish are as in England Hugh Mahoone i. e. Matthew Teige i. e. Tymothy Dermond i. e. Jeremy Cnoghor i. e. Cornelius Cormuck i. e. Charles Art i. e. Arthur Donal i. e. Daniel Goron i. e. Jeofry Magheesh i. e. Moses and their Sir-names which were assumed in the Time of Bryan Borah are as in Wales taken from the Christian Name of the Ancestor with an O which is as much as ap in Welsh or de in Latin or Mac i. e. Fitz or Son placed before it so his Son was called O Bryan and his Daughter Sarah being married to one Mahown her Son was called Mac Mahown so Carah Mac Seerbraghah was Father of the Mac Carahs or Mac Cartyes but this Distinction is observed That only the Chief of the Sept is called Mac Carty or O Bryan or the like and every other Person of the Family is called by his Christian Name as Philip O Sullevan Teige Mac Carthy c. but there is scarce one noted Man among them but has some Nickname or other as Moyle Fune Fadda Lader Buy Buckah Mauntah c. The Habit of an Irishman was a Mantle and Trowses and of an Irishwoman a Mantle and Petticoat both had Broges something thinner than Pumps on their Feet and the Man had a Cappeen and the Woman a Kercher on their Heads their Shifts were died in Saffron to save washing and contained 13 or 14 Yards of Cloath so that a Law was made against that Extravagancy These Mantles were like Cloaks only instead of a Cape they had a vast quantity of Thrums or yarn-Fring so that when the Mantle was put up close to the Nape of the Neck as they usually wore them the Fring hung down near a foot long Mr. Spencer p. 37. gives too Satyrical a Character of this Garment That it is a fit House for an Outlaw a meet Bed for a Rebel and an apt Cloak for a Thief The Irish Musick was either a Harp which is the Arms of the Kingdom and makes an excellent Sound if it be skilfully touched or a Bagpipe which is a squealing Engine fit only for a Bear-Garden nevertheless they are much used at Irish Burials to encrease the Noyse and encourage the Women to Cry and follow the Corps for there is nothing coveted more by the Friends of the deceased than to have abundance of Company at the Burial and a great Cry for the Defunct which they think argues That he was a Person of Figure and Merit and was well-beloved in his Country therefore they bury their Dead with great Ululations or Allelews after the Egyptian manner and hire Women to encrease the Cry And I my self have often seen strange Women come into the Crowd at a Funeral and set up the Cry or Allagone for a Quarter of a Mile together and then enquire of some of the Company Who it is that is Dead And hence arose the Proverb To weep Irish i. e. to cry without concern When I say That the Irish rode Horses without Saddles and afterwards even to our own Days used Padds or Pillions without Stirrops no Body must be so foolish to think That this is a Disgrace to the Nation since I affirm the same thing of the Ancient Britans and that they also used many of the same Customs with the Irish and some more barbarous than any of theirs but what I aim at is to shew That the Irish did continue in their Barbarity Poverty and Ignorance until the English Conquest and that all the Improvement themselves or their Country received and their great difference between their Manners and Conditions now and then is to be ascribed to the English Government under which they have lived far happier than ever they did under the Tyranny of their own Lords Nor must any Body so interpret me as if I included all the Irish Gentry in the general Character of the Rudeness Ignorance and Barbarity of that Nation since many of them have in all Ages and some to my own Knowledge attained to great Perfections in Civility Arts and Arms and I do avouch that even
the same in the latter Day will be most severely required at our Hands You have our well-beloved Son in Christ advertis'd and signified unto us That you will enter into the Land and Realm of Ireland to the end to bring them to Obedience unto Law and under your Subjection and to root out from among them their foul Sins and Wickedness as also to yield and pay yearly out of every House a yearly Pension of one Penny to S. Peter and besides also will defend and keep the Rites of those Churches whole and inviolate We therefore well allowing and favouring this your godly Disposition and commendable Affection do accept ratifie and Assent unto this your Petition and do grant That you for the dilating of God's Church the Punishment of Sin the Reforming of Manners planting of Virtue and the increasing of Christian Religion do enter to possess that Land and there to execute according to your Wisdom whatsoever shall be for the Honour of God and the Safety of the Realm And further also we do strictly charge and require That all the People of that Land do with all Humbleness Dutifulness and Honour receive and accept you as their Liege Lord and Sovereign reserving and excepting the Right of Holy Church to be inviolably preserved as also the yearly Pension of Peter-Pence out of every House which we require to be truly answered to S. Peter and to the Church of Rome If therefore you do mind to bring your Godly Purpose to effect endeavour to travail to reform the People to some better Order and Trade of Life and that also by your self and by such others as you shall think meet true and honest in their Life Manners and Conversation to the end the Church of God may be beautified the True Christian Religion sowed and planted and all other things done that by any means shall or may be to God's Honour and Salvation of Men's Souls whereby you may in the end receive of God's Hands the Reward of Everlasting Life and also in the mean time and in this Life carry a Glorious Fame and an Honourable Report among all Nations Together with this Bull the Pope sent King Henry a Gold-Ring as a Token of Investiture and somtime after a succeeding Pope Alexander III confirmed the former Grant by the following Breve ALexander the Bishop Hanmer 141. the Servant of the Servants of God to his dearly beloved Son the Noble King of England greeting Grace and Apostolick Benediction Forasmuch as things given and granted upon good Reason by our Predecessors are to be well allowed of ratified and confirmed we well considering and pondering the Grant and Priviledge for and concerning the Dominion of the Land of Ireland to Vs appertaining and lately given by Adrian our Predecessor We following his Steps do in like manner Confirm Ratifie and Allow the same reserving and saving to S. Peter and to the Church of Rome the yearly Pension of one Peny out of every House as well in England as in Ireland provided also that the Barbarous People of Ireland by your means be Reformed and Recovered from that filthy Life and abominable Conversation that as in Name so in Life and Manners they may be Christians and that as that Rude and Disordered Church being by you reformed the whole Nation may also with the Profession of the Name be in Acts and Deeds Followers of the same But saith Rossus of Warwick and he was no Protestant The King of England is not bound to rely on the Pope's Grant for Ireland Speed 472. nor yet to pay that Tax because he had a Precedent Claim to that Kingdom by hereditary Right Others object against these Bulls in another manner and particularly Philip O Sullevan who says They are void for many Reasons First Because they were obtained on false Suggestions and the Infallible Popes were deceived in their Grants Secondly That Regal or Sovereign Power is not granted by them but only that the Kings of England should be Lieutenants or Deputies to the Pope and Collectors of his Peter-Pence Thirdly That they were on a twofold Condition of paying Tribute and converting the People which not being performed the Bulls are void But because it is scarce credible that any Subject should be so Malicious against his Prince you shall have it in his own Words Rex hoc Decretum impetravit falsa Narrans ut ex ipso Decreto ego colligo pag. 59. Non Dominum Hiberniae sed Praefectum causa colligendi Tributi Ecclesiastici pag. 59. b. And again pag. 60. Non ut Rex aut Dominus Hiberniae sed ut a Pontifice Praefectus sic ego accepi ut Exactor Collector Pecunâ—ae quae ad Sedem Apostolicam pertinebat pag. 61. Ac mihi quidem rem totam sollicita Mentis acie contemplanti nihil Juris esse penes Anglos videtur For besides says he their Title was founded in Adultery meaning Dermond Mac Morough's they have exercised Fraud and Cruelty against the Catholicks that entertained them kindly and the very Temples have not escaped them Hinc igitur nemo ignorabit Hiberniam non Jure sed Injuria Narratione minime vera Sullevan 61. fuisse ab Anglis primo obtenta pag. 61. b. Nor can any Body believe says he that the Pope ever design'd so great an Injustice as to deprive the Irish Kings of their Birth-right Ibid. 62. and give it to Strangers And then he tells us That Laurence O Toole Archbishop of Dublin did obtain of the Pope a Bull to deprive the English King of his Government in Ireland but he dyed in his Return in France and is since canonized But says he supposing the Popes Grant at first were good yet 't is forfeited by Breach of Condition since the English did neither propogate Religion nor pay the Peter-Pence Postea omni Jure plane exciderunt Conditiones a Papa dictas constitutasque transgressi Nam Pensionem Divi Petri de medio sustulerunt nullam certam Religionem nullam firmam Fidem habent pro Deo Ventrem Voluntatem Libidinem colunt By this and the Approbation this Scandalous and Lying Treatise met with in Spain and the Repetition of the same things by divers others in their bitter Libels on the English People and Government and particularly by the Author of Analecta Hiberniae it is manifest that there are some Enemies of the Crown of England so malicious and unjust that they would make use of the most frivolous Pretences in the World to wrest the Kingdom of Ireland from the Dominion of the English Kings But as God Almighty has hitherto even many times to a Miracle protected the British Interest in Ireland so I doubt not unless we are wanting to our own Preservation but that he will continue that Noble Island under the Jurisdiction of the Crown of England for ever In the mean time though we lay no stress on the Popes Bulls yet because they are Argumenta ad Hominem and
if valid are a good Title against Mr. Sullevan and his Abettors I will therefore endeavour to Rescue them from his Objections And as to the first though misinformation or false Suggestion may avoid the Grant of a Prince to his Subjects yet that Rule does not hold between Princes else all Contracts Leagues and Treaties in the World would be avoided on slight Pretences of being misinformed in one Point or other Besides the Pope Alexander III. after some Years Experience and full information of the English Conduct and Proceedings in Ireland gave a new Bull of Confirmation as aforesaid Hanmer 141. And says the Book of Houth he besought the Devil to take all those that gainsaid the Kings Title to Ireland but after all the Suggestions were no other but that the Country was Barbarous and needed Reformation which was so true that the Irish Historians themselves do frequently confess it As to the Second the very Bull mentions That the King shall be their Liege Lord and Sovereign And Henry II was accordingly received as King by the Clergy Nobility and People and both he and his Successors had always the Title of Sovereign Lords and did continually exercise and enjoy Monarchical Authority and Royal Jurisdiction in Ireland Daviâ— 2. 4 Inst 357. under the Name and Stile of Lords And Vrban III granted Power to the King to appoint which of his Sons he pleased King of Ireland Moreover Henry VIII by all the Kingdom in Parliament was acknowledged and declared King of Ireland Which Pope Paul IV considering he officiously erected Ireland into a Kingdom Council of Trent 367. and granted it to Queen Mary that so it might seem as if she derived that Title from him or his Authority which she had before by a better Right As to the Third The Peter-Pence which are but a sort of Proxies propter Beati Petri visitationem and must of Necessity determine with the Jurisdiction of the Visitor which is long since banished out of his Majesties Dominions are mentioned by way of Reservation and not by way of Condition and are to be paid by the People and not by the King And the Reformation of the Irish is proposed by way of Direction and Advice and doth not make the Bull Conditional Besides Conversion is the effect of Grace and the Act of God for which no Man can undertake and therefore such a Condition would be Impossible and Void However the English have heartily endeavoured to Reform that People and to bring that Noble Country into a general Practice of True Religion and Civility and though we do not boast much of our Success hitherto yet now that it is likely better and more effectual Methods will be used than heretofore we do not doubt but that they will produce suitable Effects But I have spent too much time about these paltry Bulls and therefore I will leave them and proceed to the solid and legal Titles which the Crown of England hath to the Kingdom of Ireland and the first is that of Descent from Eva Daughter of Dermond Mac Morough who was actually King of Leinster and whose Ancestors were Monarchs of Ireland The second is by lawful Conquest in a just War The third is by many solemn Oaths Compacts and Submissions of the Princes Nobility Gentry and People of Ireland The fourth is by several Statutes and Acts of Recognition And the last which alone were sufficient is by above five hundred years Prescription But two Things are to be wondred at Isti Reges non fuerunt ordinati solemnitate alicujus Ordinis nec Vnctionis Sacramento nec jure haereditario vel aliqua propâ—ietatis successione sed vi armis quilibet regnum suum obtinuit Davis 16. First That the Irish who never observed the Right of Succession but dethroned and succeeded one another by force as they were able sometimes the Posterity of Hiber sometimes of Herimon and sometimes the Issue of Ithy getting into the Monarchy should yet complain of Force in others or that Rotherick O Connor who drove Dermond out of Leinster should think it unreasonable that Dermond should drive him out of Connaugh assoon as he could The Second is That any body in Ireland should dispute the English Title to that Island after they and their Ancestors for above five hundred years have been born and bred under the Allegiance of the Kings of England But that which is most strange is Burks Butlers Breminghams Barryes Roch Condon Power Fitzgirald c. That four parts in five of the Inhabitants in Ireland are of English Extraction and have setled there since the Conquest and by vertue of it and yet many of them are so blinded with an ignorant Zeal for Popery that they have endeavoured to cut the Bough they stand on and have Associated with Mr. Sullevan and his Complices to destroy the English Government of Ireland and have been frequently in Rebellions to that purpose not without expressing Inveteracy against the English Name and Nation and all for want of duly considering that thereby they made way for their own Extirpation since the old Irish who say the Country was given them by God would if they had power no more endure the first Conquerors than the last Settlement Sale of Ireland nor allow the Title of the Fitzgiralds the Butlers and the Burks any more than that of the Boyles the Coots or the Clotworthyes I must yet continue this Digression to give an Account of the Complaints that are made against the English Government of Ireland and they are these First That the English profan'd the Churches and Sacred Places and instances Philip of Worcester and Hugh Tyrrel who took a Brass Pan from the Priests of Down and Gerald Earl of Kildare who burnt the Church of Cashel and put it off with a Jest That he would not have done it but that he thought the Archbishop was in it Secondly That Offices of Profit and Places of Trust were mostly given to Englishmen Thirdly That they suffer none of the Potentates to sit in Parliament but such as are qualified by the English Law and therefore the Parliaments are void Vnde deducitur omnia Parliamenta Regum Britannorum authoritate coacta in Hibernia deincepsque more pristino celebranda prorsus inita infirma injusta violenta esse says my Author Fourthly That Benefit of Law is not given but to the Quinque Sanguines so that the Irish are as it were Outlaws in their own Countrey and may be slain as Enemies Lastly The Irish were perswaded to surrender their Estates on promise to re-grant them in a better and more legal Form whereas really they were cheated and the King reserved a Tenure to himself and gave the Irishman only the Possessions and Profits And for these and other Injuries says Mr. Sullevan pag. 61. the English Kings could never enjoy Ireland quietly but were disturbed with many and almost continual Rebellions Little did this Objector think that his
which they were wont to extort upon such Towns and Villages of the Churches as were near and next bordering upon them Fifthly That when Earick or Composition is made among the Lay-People for any Murther That no Person of the Clergy though he be kin to any of the Parties shall contribute any thing thereunto but as they be guiltless from the Murther so shall they be free from Payment of Mony for any such Earick or Release for the same Sixthly That all and every Good Christian being Sick and Weak shall before the Priest and his Neighbours make his last Will and Testament and his Debts and Servant's Wages being paid all his Moveables to be divided if he have any Children into three Parts whereof one Part to be to the Children another to his Wife and the third Part to be for the Performance of his Will And if so be he have no Children then the Goods to be divided into two Parts whereof the one Moyety to his Wife and the other to the Performance of his Will and Testament And if he have no Wife but only Children then the Goods to be likewise divided into two Parts whereof the one to himself and the other to his Children Seventhly That every Christian being Dead and dying in the Catholick Faith shall be reverendly brought to the Church and to be buried as appertaineth Finally That all the Divine Service in the Church of Ireland shall be Kept Used and Observed in the like Order and Manner as it is in the Church of England For it is Meet and Right That as by God's Providence and Appointment Ireland is now become Subject and under the King of England so the same should take from thence the Order Rule and Manner how to Reform themselves and to Live in better Order For whatsoever Good Thing is befallen to the Church and Realm of Ireland either concerning Religion or peaceable Government they owe the same to the King of England and are to be thankful unto him for the same For before his coming into the Land of Ireland many and all sorts of Wickedness in Times past flowed and and reigned among them all which now by his Authority and Goodness are abolish'd And so says Cambrensis they having owned the King Supreme in Church and State he confirmed their Canons by his Royal Authority And it seems to me That at the same Synod the King declared his Pleasure to govern Ireland by the Laws of England Whereto they consented and swore Obedience accordingly for thus my Author phrases it Leges Angliae sunt ab omnibus gratanter receptae juratoria cautione praestita confirmatae Temple 5. And though others say This was done at a Synod Matth. Paris held about this Time at Lismore Yet I rather believe That the Bishop of Lismore his presiding at Cashel as he did being the Pope's Legate gave rise to the Mistake of the Place than that there should be two such famous Synods celebrated in the same Province in one Year But however that be this is certain That the King soon after his return into England caused an antient Treatise 4 Inst. 12. called Modus tenendi Parliamentum to be transcribed in a Parchment-Roll and to be sent into Ireland for their better Instruction The King kept his Christmas at Dublin in as great State as that Place would admit of for there was not any House to be found there that was capable of his Retinue and therefore he was necessitated to build a long Cabin with smooth'd Wattles after the Fashion of the Country and almost in the Nature of a Tent which being well furnished with Plate Housholdstuff and good Chear made a better Appearance than ever had been seen in Ireland before that Time and accordingly it was admired and applauded by the Irish Potentates who flocked thither to pay their Duty to the King But it was Time for Henry to mind his Foreign Affairs and therefore in order to his return to England he went to Wexford and there he staid almost three Months during which Time the Weather was so tempestuous that Ships durst not adventure to Sea so that the King could neither get to England nor receive any Intelligence from thence At length after Mid-Lent a Vessel arrived with the bad News of the King's Sons being in Rebellion and of the coming of the Pope's Legates to Interdict the Kingdom for the Murder of Becket He was also distressed in Ireland by the Plague which raged in his Army and by the want of Victuals which now began to be very scarce and dear so that he was necessitated to hasten to England although he was much troubled to leave Ireland in that unsetled Condition and without some Castles and Fortresses which he design'd and thought necessary for its Conservation But the Kings Jealousie was not so much of the Irish as it was of Strongbow whose Reputation and Interest were very great And therefore to ballance him the King raised several Grandees and gave them large Portions of Land together with great Jurisdictions and Priviledges particularly he gave Vlster to the famous John de Courcy and Meath to Hugh de Lacy and left Lacy with twenty Gentlemen and Robert Fitz-Stephens and Maurice Fitz-Girald with twenty more Governours of Dublin Waterford was committed to the Care of Humphry de Bohun Robert Fitz-Barnard and Hugh de Gondeville who had twenty Gentlemen to attend them and William Fitz-Adelme Philip of Hastings and Philip de Bruce had the like number of Gentlemen to keep Wexford And so in the Morning on Easter-Monday the King went on Board and was by Noon the same Day landed at S. Davids in Wales He left Hugh de Lacy Chief Governour Some call him O Râ—â—â—k or Lord Justice of Ireland who kept his Residence at Dublin and thither came to him O Mlaghlin of Meath to complain of some Hardships and Inconveniences he pretended to suffer in that Country or rather to adjust Matters between them about their respective Interests and Estates in Meath for he desired a Parly at the Hill of Taragh To which Lacy very readily consented And so after reciprocal Oaths for each others Safety 1173. they met at the Time and Place appointed O Mlaghlin had treacherously prepared an Ambush and when he found his Opportunity he gave them the Signal and upon their Approach he with a Pale Grim Countenance and with a Spar in his Hand made up to Lacy and assaulted him But it happened That one Griffith the Night before the Parly had dreamt That a parcel of Hogs fell upon Lacy and had killed him if he had not slain the great Boar This Dream being told to Maurice Fitz-Girald he gave such regard to it as Superstitious Men commonly do to such Whimsies and believing that it did forbode some Danger to Lacy he caused Griffith and six more secretly to arm themselves and to ride near the Place of Parley as it were for Pleasure and to be ready
at any Alarm Maurice Fitz Girald as soon as he discover'd O Mlaghlin's Design gave the Signal to Griffith but before he could come up the Irish had kill'd Lacy's Interpreter who interposed to save his Master and had his Arm cut off for his Pains Lacy himself was twice knockt down but Griffith being come he soon ended this Skirmish by the Death of O Mlaghlin whose Head he cut off and sent it into England But Lacy being unable to manage the Kingdom and the King being so perplexed with the Rebellion of his Sons that he could not personally attend the Irish Affairs it was necessary to send for Strongbow into Normandy where the King was and to give him the Government of Ireland Strongbow being sent for did readily wait on the King and being made acquainted with his Majesties Intentions he made it his Request That to avoid Envy and Jealousie Reymond le Gross might be his Colleague in the Government The King replyed That Reymond should be joyned with him as an Assistant but not in Commission And so having express'd much Confidence in the Earl he gave him the City of Wexford and the Castle of Wicklow and sent him to his Government Richard Earl of Chepstow commonly call'd Strongbow Chief Governour or Lord Justice of Ireland at his arrival there found all things in Disorder many of the Irish actually revolted and all of them confederated to shake off the English Yoke the Army also was Mutinous for want of Pay and the Generals Hervy and Reymond were at odds Immediately he put the Army under the Conduct of Reymond 1174. who led them into Ophaly where they met with good Prey Thence he advanced to Lismore and spoiled both the Town and the Country and so by the Sea-side he marched towards Waterford At Dungarvan he found thirteen Boats which he seized and loaded with Prey and Plunder But being detained there a long time by contrary Winds the People of Cork found means to fit out thirty two Barques and manfully assaulted the English in their Boats nevertheless the English Bows and Arrows prevailed and the Corcagians were defeated and their Admiral Gilbert mac Turger slain Whereupon the English under their Admiral Adam de Hereford sailed triumphantly into Waterford Dermond mac Carthy King of Cork came with his Forces by Land to countenance the aforesaid Attempt of the Corcagians by Sea and to seize on the English Boats if perhaps they should be forced ashore as he expected but Reymond met him and gave him such a Brush that he got a Prey of four thousand Cows by the Bargain and brought them safe to Waterford But whilst Reymond was thus busied in Munster he received Advice of the Death of his Father William Fitz-Girald which obliged him to take a Voyage into Wales to get Possession of the Inheritance descended to him By this Accident the Command of the Army fell to Hervy and abundance of Trouble and Misfortune hapned to the Earl For it was not long before Hervy perswaded the Earl to an Exploit 1175. somewhere about Cashel and in order to it to send for more Forces from Dublin but Donald Prince of Ossory having Notice of it surpriz'd them in their March and fell upon them in Ossory where he slew four Gentlemen and four hundred Soldiers being of that sort of the Citizens of Dublin which were called Easterlings With this great Victory the Irish were elevated beyond measure and fansied They had now got a favourable Opportunity to extipate the English And to that End they armed every where and even those Irish whom he had most obliged and those also from whom he had Oaths and Pledges did nevertheless joyn with the rest in this General Conspiracy Rotherick with a mighty Army passed the River Shenin and Burnt and Prey'd the Country even to the Walls of Dublin And Strongbow was coopt up in Waterford in continual Fear of a Massacre thereâ— In this miserable Condition he sent to Reymond into Wales desiring him to hasten over and promised him the Fair Basilia Strongbow's Sister as the Reward of his Expedition Reymond made all possible Hast and with thirty Gentlemen an hundred Horsemen three hundred Archers and Footmen and in twenty Barques arrived at Waterford very seasonably for the Citizens were then conspiring the Murder of the English which by this Accident was postponed for a Time Immediately the Earl Reymond and the Army march'd to Wexford and soon after the Citizens of Waterford murdered the Governour Pursel and butcher'd all the English Men Women and Children except such as saved themselves in Reginalds Tower But they manfully kept that Tower and afterwards regained the City and forced the Citizens to submit to hard Conditions Strongbow and the Army being at Wexford Reymond was married to the Fair Basilia and had with her Idrone Glascarig Fothard and the Constableship of Leinster But in the midst of their Jollity they received Information That Rotherick had invaded Leinster wherefore the next Day they marched towards Dublin But Rotherick at the News of their Approach retreated and Reymond caused the ruined Castles to be repaired particularly the Castle of Trim and so hoped that he might now enjoy his Beautiful Spouse in quiet But the Prince of Limerick was resolved to follow his Blow and continued in open Defiance so that Reymond was forced to march to him September 1176. with twenty six Gentlemen three hundred Archers and three hundred Horsemen David Walsh forded or rather swam the River of Shenin into the Island of Limerick whom by Reymond's Persuasion and Example the rest followed October 1. and took that City and after plundering it they left a Garrison in it under Meyler of S. Davids consisting of fifty Gentlemen two hundred Horse and two hundred Archers and returned Hervey of Mount-Morris by his Letters to the King had suggested That Reymond intended to keep Limerick for himself and that he and Strongbow would monopolize Ireland and several other Falsities which so moved the King's Jealousie that he sent over Robert Power Osbert of Hereford William Bending and Adam of Germeny whereof two were to bring over Reymond and the other two to stay and watch the Earl In the mean Time Letters came from Limerick importing That the Garrison was in Distress besieged by Daniel O Bryan Whereupon it was resolved as well by Strongbow as by the new Messengers That Reymond must undertake to relieve it Wherefore taking with him eighty Gentlemen two hundred Horse and three hundred Archers with some Irish under Morough of Kensile and Donold of Ossory he marches towards Limerick but O Bryan not willing to fight with the Army and Garrison at once raises his Siege and marches towards Cashel 1177. and by plashing the Trees and trenching his Camp he made it as strong as he could It was pleasant to behold the Prince of Ossory who was O Bryans Mortal Foe to tell the English That they must fight valiantly and be Victors or He
Annum for the other two parts saving and reserving to the King two Cantreds with the Inhabitants and liberty of building Castles therein The King liked the Proposal well enough and communicated it to the Lord Justice and referr'd it to him adding That it would do well if the Lord Justice could squeeze a Fine of four hundred Marks from the King of Connaught together with a yearly Tribute of Cows 1208. to supply such Castles as should be built in those Cantreds Hugh de Lacy was made Lord Deputy upon the Lord Justice his going to England and soon after viz. the Eighth of November the King by Patent Dated at Woodstock whereunto Meyler Fitz-Henry Lord Justice is Witness did confirm to William Fitz Philip Barry the three Cantreds of Olethan Muskry Dunegan and Killedy which Fitz Stephens had given his Father in the Kingdom of Cork 4 Inst 359. to be held of the King by Ten Knights Fees Lib. GGG and he also granted to William Marshal the Marshalship of Ireland in Fee as also the Cantred of Kilkenny About this time Jeofry Morison or Mac Moris was troublesome in Munster wherefore the Lord Deputy invaded Typerary Hanmer 186. and took Thurles he also took Castlemeyler and demolished it but the Irish say he lost more men in this Expedition than he brought back And now the King finding many Complaints of Thieves Tories and Robbers which were become a Nusance in Ireland sent the following Writ for their expulsion REX Meyler Prin 250. fil Henr. Justic Hiberniae c. omnibus aliis Baron fidelibus suis Hibern c. Sciatis quod ad voluntatem consilium dilectorum fidelium nostrorum Com. W. Maresc Walteri de Lacy aliorum Baronum nostrorum Hibern qui nobiscum fuerunt in Angl. per consilium fidelium nostror Angl. volumus statuimus quod Latrones Hibern expellantur de Terra nostra Hibern quod ipsi receptores eorum deducantur secundum Legem Angl. ideo vobis mandamus quod ita fieri faciatis in hujus rei testimonium has Literas nostras Patent vobis mittimus Teste Meipso apud Southhampt 23 Die Martii But Lacy was so elevated with the aforesaid Victories how dear soever they were bought that he look'd on all below him with Contempt and became so impatient of Competition that he was outragious against all his Enemies and particularly against John de Courcy Lord of Raheny and Kilbarrock Natural Son of the great John de Courcy whom the Lacies basely and barbarously caused to be murdered whereupon great Stirs and Dissatisfactions arose in Ireland even among the British Temple 6. whereof the Irish made their advantage Hanmer 187. and under pretence of being burdened with Taxes there was a general Defection throughout all the Realm Dublin was inhabited mostly by a Colony of Bristol Men 1209. and it was customary with them for love of Sport and Air to walk abroad toward Cullenwood every Easter-Monday but now being unarmed they were surprized by the Mountaneers of Wicklow the Birnes and Tooles c. who murdered three hundred of the Citizens wherefore that Day is ever since called Black Monday and for a long time after was solemnly observed by the Mayor Sheriffs and Citizens of Dublin in a brave and splendid manner and to supply this Loss the City of Bristol sent a new Colony to replenish Dublin But the King as well to secure his goverment from the ambition of Lacy whereof he grew exceeding jealous as also to suppress the Rebellion of the Irish found it necessary to make a Voyage to that Countrey and therefore with a considerable Army he sailed thither and on the Eighth Day of June landed at Waterford 1210. where O Neal and above Twenty other Irish Potentates came and made their humble Submissions and did Homage and Fealty unto him The Lacies conscious of their Demerits durst not abide the Arrival of the King but secretly fled into France where in Disguise they served the Abbot of St. Taurin in the quality of Gardeners till their unskilfulness manifested they were not educated in that way which gave the Abbot some suspicion of them and that led him into so strict an Enquiry that to satisfie the Abbot they were obliged to discover the Truth Speed 508. The good man did so sympathize with their Misfortunes and pitied their Distress that he effectually interceded with the King for their Pardon which at length he obtain'd Walter paying for Meath 2500 and Hugh for Vlster 4000 Marks Cattalus or rather Carolus O Conner alias Crovederg the Valiant and Active King of Connaught was the only Man of Note that opposed King John but he was an unequal Match for the King of England Cambden 152. and therefore was easily subdued and taken Prisoner Wherefore the King having no more of Military Matters to execute in Ireland seriously set himself to mend the Civil State of that unfortunate Country and first he caused Money to be Coyned ad Pondus Nummi Angliae and made it currant in both Kingdoms by his Proclamation which was the first Sterling Money that was Coyned in Ireland Lib. M. 25. and this done he set himself to establish the English Laws in that Kingdom For though King Henry had done as much to introduce the English Laws there as that Season and other Circumstances would permit yet partly for want of Sheriffs and the Distribution of the Kingdom into Counties but chiefly because of the unsetledness of the Country and the rebellious humour of the Irish it could not at that time be fully effected Wherefore King John to supply those Defects as far as he was able divided Leinster and Munster the only part he had in quiet and actual possession into the Counties of Dublin Kildare Meath Vriel Caterlogh Kilkenny Wexford Waterford Cork Limerick Typerary and Kerry and appointed Sheriffs and other Officers for them after the manner of England He also caused an Abstract of the English Laws and Customs to be drawn in writing Inst 141. b. 4 Inst 349. whereunto he affixed his Seal and left it in the Exchequer in Dublin and by general consent in Parliament and at the instance of the Irish he ordained that the English Laws and Customs should thenceforward be observed in Ireland Temple 6. and in order to it he erected Courts of Judicature at Dublin But the Brehon Law and the other Irish Customs indulged more to the Tyrannie of the great Men and yet did not hold the Commons to a strict and regular Discipline as the Laws of England did and therefore the very English were so corrupted by ill Example that the English Laws were not regarded nor had in Estimation as they ought but were look'd upon both by the Irish and degenerate English Davis 90. lib. M. as a Yoke of Bondage so that Henry III was necessitated oftentimes to enjoyn the Observation of them In
publickly opposed the King's Alienation or Resignation of his Dominions to the Pope 1213. He governed the Kingdom very well but at the end of two Years he went to Rome either to solicit Aid for the King against the Barons or to be present at a General Council He left Geofry de Marisco 1215. Lord Keeper of Ireland to whom nevertheless Sir Edmond Butler was Assistant or Coadjutor It was about this Time the Citizens of Dublin obtained a Licence to build a Bridge over the Liffy where they pleased And not long after they also got a Fee-Farm of the City of Dublin from the King at a certain Rent but I take that to have been anno 1217. and if so the King here meant must be Henry III. It seems these Times were very Quiet for I find no mention of any War or Rebellion except some small Stirs in Connaught which were not so Great or Considerable as that the Particulars should be transmitted to posterity In the mean Time William Earl Marshal who came to Ireland anno 1207. was employed in building his Castle of Kilkenny and the Abbey of Black-Fryers there He also incorporated that Town by the Name of Sovereign Burgesses and Communalty and granted them a Privilege to be quit of Toll Lastage and Pontage and all other Customs throughout Leinster and afterwards went to England And thus stood the Government of Ireland during the Life of King John who died at Newark the nineteenth Day of October 1216. 1216. THE REIGN OF HENRY III. King of England And LORD of IRELAND c. HENRY the Third not then Ten years old succeeded his Deceased Father in all his Titles and Estates 1216. and in the presence of the Popes Legate William Earl Marshal and others he was declared King and Crowned at Glocester by the Bishops of Winchester and Bath and at the same time he did Homage to Pope Innocent and the Church of Rome Brady 522. for the Kingdoms of England and Ireland and swore to pay yearly the Thousand Marks which his Father had promised to the Holy See William Earl Marshal who was also Earl of Pembrook was Protector of the King and Kingdom Ib. 523. and by Proclamation encouraged the Nobility Gentry and other the Kings Subjects to continue faithful to him which they were the more easily perswaded to because Lewis Prince of France and his Party began to decline and were solemnly excommunicated or rather the same Excommunication was published and denounced every Sunday and Holy-Day There likewise issued a Writ to the Kings Subjects in Ireland in haec verba REX Archiepiscopis Prin 250. Episcopis Abbatibus Comitibus Baronibus Militibus libere tenentibus omnibus fidelibus suis per Hibern constitutis Salutem Fidelitatem vestram in Domino commendantes quam Domino Patri nostro semper exhibuistis nobis estis diebus nostris exhibituri Volumus quod in signum Fidelitatis vestrae tam praeclarae tam insignis libertatibus Regno nostro Angl. Ã Patre nostro nobis concessis de gratia nostra dono in Regno nostro Hibern gaudeatis vos vestri Haeredes in perpetuum quas distincte in Scriptum redactas de communi consilio omnium fidelium nostrorum vobis mittimus signatas Sigillis Domini nostri G. Apostolicae Sedis Legati fidelis nostri Com. W. Maresc Rectoris nostri Regni nostri quia Sigillum nondum habuimus easdem processu temporis de majori Consilio proprio Sigillo signaturi Teste apud Glouc. 6 die Februar And the Entry on the Roll is Homines Hiberniae habent libertates Angliae And another Writ Brady Append. 143. under the Test of the Earl Marshal was sent to Hugh de Lacy to invite his Return in this Writ which runs in the Name of the King his Majesty condescends to expostulate with Lacy that he the King ought not to be blamed for his Fathers unkindness to Lacy and assures him that he shall have Restitution and Protection if he would come back and upon Receipt of it Lacy did readily comply with the Kings Desire Geofry de Marisco continued Lord Justice or Governor of Ireland Burlace 15. to whom on the 16th of April following Henry de Londres was added as Assistant or Co-adjutor at least in Ecclesiastical Matters 1217. and for the Reformation of the Church The King sent a Writ to the Lord Justice giving him thanks for his faithful Service to the deceased King John and desiring that he would persevere in the like to himself especially during his Monority when he stood in need of the Lord Justices assistance and advice Prin Hist H. 3. fol. 38. and requires him to take the Oath of Fealty of the Nobility of Ireland and all others that are obliged thereto and assures them they shall enjoy the same Liberties in Ireland as he hath granted to his Subjects in England There was also another Writ sent to the Lords Spiritual and Temporal to assist the Lord Justice in the Kings Service And there was yet another Writ for a thousand Bacons Lib. GGG Lambeth two Ship-load of Corn and a Ship-load of Oats Mandatum est Justiciario Hiberniae quid mittet in Angliam mille Bacones duas Navatas Frumenti unam Navatam Aveni So that England must not deny but that it has at some time been beholden to us About this time William Earl Marshal incorporated the Town of Calan and gave it the following Charter COncessi Burgensibus meis de Calan omnimodas Libertates quas decet Burgenses habere mihi licet conferre viz. quod nullus Burgensis trahatur in causam vel respondeat de ullo placito quod proveniat infra Metas Burgi in Castello Lib. in Lambeth vel alibi nisi in hundredo villae exceptis placitis quae sunt de hominibus hospitii mei Concessi etiam eisdem Burgensibus Matrimonium contrahere sibi filiis filiabus viduis sine licentia Dominorum suorum nisi forte forinseca tenementa teneant de me in capite extra Burgum Lucas de Netervil was chosen by the Chapter Archbishop of Armagh 1217. and went to the King for Confirmation but could not obtain it Ware de Fresul 17. because the Election was made without the Kings License Whereupon the Monks compounded with the King for three hundred Marks of Silver and three of Gold and so they took out a Conge de esâ—ier and repeated the Election and then Netervil was consecrated by Langton Archbishop of Canterbury About this Time viz. 2 Hen. 3. the King wrote to Ireland for Aid to pay off a Debt due from him to Lewis Son of the King of France Soon after Henry de Londres was by Pope Honorius the Third made Legate of Ireland and held a Synod at Dublin which made many good Canons But the Lord Justice had displeased the King by his male-administration of Affairs in Ireland or perhaps had
Upstart or new-comer 1235. that sought to disinherit him Whereupon the King immediately ordered the Lord Justice To pluck up by the Root the Fruitless Plant which Hubert de Burgo whilst he was in Ruff had planted in those Parts that it might bud no more The King also wrote to the Nobility of Ireland That they should banish the said John and establish the King of Connaught in his Kingdom who returned very well satisfied with the Princely Favours he received at the Court of England It seems that in the Lord Justices Absence there was some Disorder among the Irish Doctor Hanmer says they rebelled but the speedy return of the Lord Justice probably gave a Check to their Intentions And to the End there might be a free Commerce between both Kingdoms the King sent over the following Writ REX Pryn. 253. dilecto fidelio suo Mauritio fili Giraldi Justiciario suo Hiberniae 19. Hen. 3. salutem Vestra non ignorare debet discretio quod dignum est id volumus quod Terra nostra Angliae Terra nostra Hiberniae communes sint ad invicem quod homines nostri Angliae Hiberniae hinc inde negotiari possunt ad comodum emendationem Terrarum praedictarum Et ideo vobis mandamus Quod homines de Terra Hiberniae volentes emere blada in Hibernia ducenda in Angliam in nulla impediatis vel impediri permittatis quin libere sine impedimento id facere possunt Teste Rege apud Westm 2. die Jun. Et vide ibidem de Galeis i.e. Gallies or Ships de Hibernia in Angliam mittendis to aid the King There being some Dispute in Ireland about the Law in Case of Bastardy 1236. the King sent this Writ to the Lord Justice and the Archbishop to observe the Statute of Merton in those Cases HEnricus Dei Gratia Rex Angliae Pyrn 253. c. venerabili Patri L. eadem gratia Archiepiscopo Dublin dilecto fideli suo M. fil Geraldi Justic suo Hiberniae salutem Accedens nuper ad curiam nostram Georgius de Laffidel nobis ex parte vestra supplicavit ut vobis scire faceremus quid juris sit secundum confuetudinem Angliae in casibus subscriptis viz. Cum contingat filium alicujus Nobilis natum ex matrimonio movere questionem fratri suo in fornicatione ante matrimonium de eadem matre progenito super paterna haereditate Item si contingat quod frater natus ante matrimonium defendendo dicat se esse ligitimum utrum in tali casu mittendus sit ad forum Ecclesiasticum Item fi mittendus sit in qua forma c. Item si contingit quod natus ante matrimonium fecerit homagium suum de terris suis post decessum patris sui ratione homagii sic facti vocaverit Dominum suum ad Warrantum quid juris sit de illa vocatione si warrantizare debeat aut velit sponte utrum duellum possit esse de jure inter natum ex matrimonio dominum warrantizantem cum inter ipsos fratres esse non possit Ad haec etiam vobis significamus de primo capitulo Quod si natus ante matrimonium cui movetur questio cognoscat se natum esse ante matrimonium nec petere potest haereditatem nec petitam retinere secundum Angl. consuetudinem Nec talis si dicat se natum esse post mittendus ad cur Christianitatis eo quod clerus talem habet pro legitimo Cum autem de casu illo anno preterito tractatum esset coram venerabili Patre Archiepiscopo Cantuariensi Coepiscopis suis Magnatibus nostris Angl. scilicet utrum inquisitio de tali nato deberet fieri in cur nostra vel in cur Christianitatis tandem predict Archiepiscopus Episcopi petierunt sibi dare potestatem inquirendi Postea vero processu temporis quia in forma Brevis nostri eis super hoc transmissi contentum fuit quod respondere deberent Vtrum talis natus esset ante matrimonium vel post videntes hoc esse contrarium legibus suis noluerunt ad hoc respondere sed reliquerunt nobis cur nostrae hoc inquirendum terminandum nondum provisum est in cur nostra sub qua forma hoc debeat inquiri vel per sacramentum 12 Jurat vel per probationem à partibus producendam Item de Domino si debet warrantizare tenenti contra fratrem suum vobis respondemus quod non eo quod tam natus post Matrimonium quam ante uno eodem jure utuntur Dominus in captione homagii potius circumventus fuit quam ratione astrictus Nec esse poterit duellum inter eos predicta ratione preterea quia Dominus tenetur plus warantizare petenti nato post matrimonium quam tenenti nato ante matrimonium hiis igitur intellectis secundum quod predictum est in partibus vestris faciatis Teste Rege apud Mortelac 9 die Maii. And he also sent this other Writ the same Time REX dilecto fideli suo Maur. fil Girald Justic suo Hibern salutem Monstravit nobis lator presentium quod ipse nuper in curia nostra coram Justic nostris ad hoc per vos nuper constitutis in Hibern recuperasset seisinan suam versus quendam hominem de libero tenemento suo idem adversarius suus postea de eodem tenemento iterum ipsum disseisivit ideo vobis mittimus sub sigillo nostro constitutionem nuper factam intellige Merton c. 3. coram nobis Magnatibus nostris Angl. de predicto casu similiter de aliis articulis ad emendationem Regn nostr Mandantes quatenus de Concilio venerabilis Patris L. Dublin Archiepisc constitutionem illam in curia nostra Hibern Legi de cetero firmiter observari facias secundum eadem predicto querenti plenam justiciam exhiberi faciatis Teste Rege ut supra King Henry kept his Christmas at Winchester 1239. anno 1239. where the Servants of Gilbert Earl Marshal were as they thought affronted not being suffered to enter into the King's Court with their Tip staves whereupon the Earl complained to the King but received an unexpected cross Answer whereat he was distasted to that degree that he left the Court and perhaps never afterwards came near it for the next Year he was slain by a Fall from his Horse 1240. at a Turnament at Hereford In the same Year Petrus de Supino came from Pope Gregory into Ireland with an Authentick Papal Mandate requiring under pain of Excommunication and other Censures Ecclesiastical Hanmer 196. the Twentieth part of the whole Land besides donatives and private Gratuities to the maintenance of his War against Frederick the Emperor where he extorted saith Matthew Paris a thousand and five hundred Marks and above saith Florilegus at which time also one Petrus Pubeus intitled the
Justice was so vigilant that before the end of August the Rebels were dispersed and their Captain William mac Balthar was taken and hanged In the midst of these Disturbances John Decer Mayor of Dublin who had some time before built the Bridge over the Liffy Ibid. 166. near S. Wolstons and the Chappel of our Lady at the Friers Minors and had also repaired the Church of the Friers Preachers and every Friday feasted the Friars at his own Cost did now build the high Pipe in Dublin But the Lord Justice being sent for into England to give an Account there of the miserable State of Ireland substituted William Burk August 1308. Custos Warden or Deputy of Ireland He was Ancestor of many Noble Families and particularly of the Lords Castleconel and Leitrim In his time the Irish burnt Athy and Richard Talon was murthered by Maurice de Condon Cambden 166. and Candon was served in the same kind by the Roches and Odo mac Cathol O Connor slew Odo King of Conaught But in March following Peirce de Gaveston an insolent Frenchman was by the Nobility of England in Parliament banished that Kingdom whereupon the King to make this Exile of his Favorite as easie as he could gave him the Government of Ireland and assigned to him the Revenue and Royal Profits of that Realm so that thither he came with a great Retinue and he behaved himself so well that he broke and subdued the Rebels in the Mountains near Dublin He slew Dermond O Dempsy a great Irish Captain at Tully he marched into Munster and subdued O Brian in Thomond he rebuilt the new Castle of Mackingham in the Kevins Country and repaired the Castle of Kevin and cut and cleansed the Paces between that and Glendelough he was exceedingly beloved of the Soldiers both for his Liberality and Valour and might have done much Good there if he had staid longer Nevertheless he could not brook Richard Earl of Vlster who was the greatest Lord in Ireland This Earl as it were to nose Gaveston did at Whitsontide keep a great Feast at Trim Camb. 166. and dub'd two of the Lacies Knights and marched as far as Tredagh to encounter the Lord Lieutenant but on better Advertisement he returnd But the King impatient of Gaveston's longer Absence recalled him on the twenty third of June and sent in his Room Sir John Wogan 1309. Lord Justice M. S. Fragm and in October following the Noble Lord 4. says 1308 Roger Mortimer came over with his Wife Heiress of Meath and had quiet Possession of that Country the Grand-father Sir Geofry Genevil entring into a Monastery On the second of February Sir Arnold Poer slew Sir John Bonevil at Arstol but it was found to be in his own Defence Cambded 167. And in the same February there was a Parliament held at Kilkenny before the Earl of Ulster and the Lord Justice according to the Custom and Usage of those times which appeased many Civil Discords and enacted many good Laws which Mr. Pryn says Pryn 259. were printed in Bolton's Edition of the Irish Statutes 1621. And he reckons this to be the first Parliament that was held in Ireland except that of Henry II aforesaid but without question he is mistaken And it seems Pryn 259. That in the beginning of the next Year or the latter end of this there was another Parliament or Assembly of the great Men at Kildare where Poer was acquitted of the Death of Bonevil About this time Wheat was sold for twenty Shillings the Erane Cambded 167. and the Bakers were drawn on Hurdles through the Streets of Dublin for their Knavery In the Year 1310. Richard de Havering who under Pretence of the Popes Provision 1310. had assumed the Title of Arch bishop of Dublin and enjoyed all the Profits of that See without Consecration for four Years and upward was so terrified by a Dream that he resigned his Bishoprick to the Pope that gave it him Ware de praesul 111. And though Alexander Bricknor had the better in the Election the seventeenth of March 1610. yet John Lech by the Power and Favour of the King enjoyed the Bishoprick and begun the Controversie with Rowland Jorse Archbishop of Armagh about elevating his Crosier in the Province of Leinster and managed it so dextrously or rather so violently Hook 65. that he forced the Primate to fly by Night in his Pontificals from Howth to the Priory of Grace Dieu and thence chased him out of the Diocess or rather Province of Dublin and in the same year the Judges of the Court of Kings Bench were reduced to the number of Three The Year 1311 was troublesome enough 1311. for Frag. 4. in May Richard Earl of Vlster invaded Thomond Davis 134. and marched up to Bunratty where Richard de Clare met and defeated him and took him the Lord William Burk and others of his Kindred Prisoners and slew John de Lacy and many more of the Earls Followers and in November following the same Richad de Clare defeated the Irish and slew Six hundred Galloglasses Nor were the Civil Discords less amongst the Irish for Donough O Bryan was murdered by his own Men in Thomond and John Mac O Hedan was slain by O Molmoy and William Roch was murdered by a Tory However the Birnes and Tools were numerous enough to invade Taslagard and Rathcanle and to terrifie Dublin by lurking up and down the Woods of Glendelory Nor could the State suppress them because Robert Verdon began a Riot in Vrgile and was so powerful that he defeated the Lord Justice and his small Army 1312. July 7. 1312. but afterwards upon better consideration he voluntarily submitted himself to the Kings Mercy whereupon the Lord Justice went for England and left in his stead Sir Edmond Butler 1312. Lord Deputy who being now at leisure to deal with the Birnes and Tools he manag'd that Affair so well that he soon forc'd them to submit and then sent his Father-in-Law the Lord John Fitz Thomas afterwards Earl of Kildare General into Munster who at Adare Knighted Nicholas Fitz Maurice afterwards Lord of Kerry and others This Year was famous for two mighty Marriages of Maurice afterwards Earl of Desmond and Thomas Fitz John afterwards Second Earl of Kildare to the two Daughters of the Earl of Vlster But these Rejoycings were soon over 1313. and the Misfortunes of the English in Scotland drew on a Scotch Invasion of Ireland At first the Scots only sent some Boats to prey the Costs of Vlster which were well resisted but before the year was out Edward Bruce came in Person he forc'd and rob'd the Castle of Man and took the Lord O Donel Prisoner it seems he retir'd again to collect a greater Army and the Deputy after he had on Michaelmas day made one and thirty Knights in the Castle of Dublin 1314. and had taken the best care he could
Whitsontide Prin 263. that Earl first taking an Oath on the Sacrament neither by himself his Friends or Followers to grieve those of Dublin for his Apprehension To all these Misfortunes was added that of a prodigious Dearth Wheat was sold for three and twenty Shillings the Cronoge Lib. P. Lambeth Oats six Shillings and Wine eighteen pence a Quart and other things proportionably so that many died for want The Lord Justice 1317. about Whitsontide marched to Tredagh and thence to Trim and sent for the Lacies who not only refused to come but murdered the worthy Messenger Sir Hugh Crofts but the Lord Justice soon revenged that Affront for he wasted the Lands and seized on the Goods of the Lacies slew many of their Men and drove themselves into Connaught and proclaim'd them Traytors and so return'd to Dublin by the way of Tredagh The Lord Justice had now leisure to assail O Fervil Cambd. whom he soon forced to submit as did also soon after O Birne tho' not till there was â—irst a Battle between the Lord Justice and the Irish of Omayle wherein the Irish were worsted In October the Archbales or Aspoles submitted to the Earl of Kildare and gave Hostages of their good Behaviour and in February Sir Hugh Canon Chief Justice of the Court of Common Pleas was murdered by Andrew Brimingham between the Naas and Castlemartin The Pope by his Bulls commanded a two years Truce betwixt the English and Scots but Bruce whose Quarters probably were so destroyed that they could not afford him subsistance refused to consent thereunto For about this time the Irish of Vlster were reduced to so great want that they took dead Folk out of their Graves Cambden and boyl'd their Flesh in their Skulls so that by reason of Famine and Sickness there escaped but three hundred of ten thousand men which were in Arms which my Author says was a Judgment on them for eating Flesh in Lent and other Wickednesses Not were the Men of Connaught in a mnch better condition for there happened a Feud between two of the Irish Princes there which occasioned the Slaughter of four thousand of their Followers On Shrove-Sunday the Lord Justice kept a great Feast in the Castle of Dublin and dubbed John Mortimer and four others Knights After Easter the Lord Justice received Command to repair to the King but before he went he had the bad News that the Lord Richard de Clare Sir Henry Capel Sir Thomas de Naas 1318. and two of the Cantons and fourscore others were slain by O Bryan and Macarthy on the 5th of May. This Lord Justice caused John de Lacy to be press'd to Death at Trim because he would not plead to the Indictment against him and then a Month after Easter he went for England being a thousand pound in debt to the Citizens of Dublin and he left in his room William Fitz-John 1318. Archbishop of Cashel Governor of Ireland in whose time great Plenty was again in that Kingdom and which was very strange new Bread was to be had on St. James's Day which was made of New Wheat of the same years growth Alexander Bicknor who was confirm'd Archbishop of Dublin was also sent over Lord Justice He landed at Youghal the 7th of October and soon after Bruce with about three thousand Men came to the Fagher within two Miles of Dundalk The Lord John Brimingham whom the Justice made General with many brave Captains and one thousand three hundred and twenty four good Souldiers marcht from Dublin to encounter him Cambd. 178. and they managed the Conflict so valiantly that they slew Bruce and two thousand of his Men On Calixâ—us Day and the General carried his Head to the King and was therefore made Earl of Louth and had twenty pound per annum Selden Titles of Honour Creation-Money and the Mannor of Athird granted to him Et sic per dextram Dei manus communis Populi liberatur populus Dei à servitute machinata praecogitata Lib. rub Scac. Dub. and so ended the Scotch Government in Ireland It is observable that the Primate of Armagb was at this Battel and came purposely to absolve bless and encourage the Royalists and it ought not to be forgot that a valiant Captain John Maupas was so resolute to destroy the usurping Prince that he rushed into the Battel with that Design and was after the Fight found dead stretcht on the dead Body of Bruce Roger Mortimer 1319. Lord Justice return'd from England and about Allhallontide the Pope sent over Bulls to excommunicate Bruce at every Mass The Towns of Atheisel and Plebs were burnt by John Fitz-Thomas Nappagh and the Bridges of Leighlin and Kilcullen were in this or the following year built by Maurice Jake Cannon of Kildare but it was not long before the Lord Justice made another Voyage to England and left in his room Thomas Fitz-John Fitz-Girald 1320. Earl of Kildare in whose time Bicknor Archbishop of Dublin obtained Bulls from Pope John 22th to erect an University at Dublin and St. Patrick's Church was appointed to be the publick place of their Exercise and it is observable that the King granted to this Earl of Kildare Lib. GGG Quod possit recipere ad Legem Angliae omnes homines Hibernos Tenentes suos qui ad eandem venire voluerunt Nor must it be forgotten 1319. That Pope John the 22th did by his Bull 12 Ed. 2. acquit and discharge the Crown of England from the Tribute or Peterâ— pence Lib. ZZ Lameth claim'd by the Holy See out of the Kingdoms of England and Ireland On the Ninth Day of May 1321. the People of Leinster and Meath gave a great Overthrow to the O Connors at Balibogan Frag. 7. and the Earl of Carrick died about the same time at London and was buried at Gauran not far from Kilkenny and not long after John Bermingham 1321. Earl of Louth was made Lord Justice Rex concessit Johanni Comiti Louth Officium Justiciarii Regis Hibern cum Castris aliis Pertinentiis 14 Ed. 2 par 2. Pat. in Tur. Lond. durante beneplacito Percipiendum per annum ad Scaccarium Regis Dublin 500 Marcas pro quibus Officium illud Terram custodiet erit ipse unus de viginti hominibus ad Arma cum tot equis coopertis continue durante custodio supradict The King on the Third of April 1322. in the 15th Year of his Reign wrote to the Lord Justice to meet him at Carlisle in Octab. Trin. following with three hundred Men at Arms a thousand Hoblers and six thousand Footmen armed with a Keton Lib. Lambeth a Sallet and Gloves of Mayl to serve against the Scots besides three hundred Men at Arms which Richard de Burgo Earl of Vlster had for his own share undertaken to conduct and though the English suffered a Defeat by O Nolan so that
three Estates were assembled and this sort of Parliament is intended in the Submission of Mac. Mahon 25. Hen. 6. whereby he promiseth that in time of Arch-Parliaments he will carry nothing away out of the English Pale contrary to the Statutes Thus the Annals of Ross mention Quod Magnum Parliamentum tenetur apud Dublin 1333. And Mr. Cambden ad annum 1341 calls it Commune Parliamentum But after all there were but very few Cities or Corporations that were concerned in or summoned to an Irish Parliament until of later Days The Earl of Desmond did indeed associate with the Deputies of many Towns in his Assembly at Kilkenny but that was to strengthen his Party and to enlarge his Confederacy so that whoever will look for an Irish Parliament consisting of Lords Spiritual and Temporal Knights Citizens and Burgesses summoned by the King 's Writ on forty Days Notice and sitting in several Houses as the Custom is now must search the Parliament Rolls to satisfie himself which was the first Parliament of that sort in Ireland for he will not in any History find a sufficient Information in that Particular as I suppose But let us return to the Lord Justice 1345. who summoned a Parliament to meet at Dublin the seventh of June but the Earl of Desmond still refused to come thither and had appointed another Assembly at Calan at which Place several great Men had promised to come Fryar Clun ad annum 1344. but they were prohibited by the King 's Writ and therefore excused themselves to the Earl But the Lord Justice to abate the Insolence of the Earl of Desmond advanced the King's Standard into Mâ—nster he seized on the Earls Lands and gave them in custodiam to those that would take them He also by Stratagem took the Castles of Iniskilly and Island in October following and he hanged three Knights that commanded them viz. Poer Grant and Cotterel Ware antiq 69. Quia multas graves extraneas intolerabiles leges exercuissent tenuissent invenissent viz. Coyn and Livery c. It is probable that Desmond was so mortified with this Usage that he surrendred himself to the Lord Justice and was let to bail on the Recognizance of the Earls of Vlster and Ormond Lib. P. and twenty four Knights but finding the Severity of this Governor he thought it dangerous to appear according to the Condition of the Recognisance and therefore it was estreated into the Exchequer and though the Noblemen and some of the Knights made a shift to get rid of this matter yet eighteen of the Knights lost their Estates and were utterly ruined thereby This Lord Justice did also use means to apprehend the Earl of Kildare which at last he effected and kept him in Prison where he continued till the twenty sixth of May 1346. and then he was discharged by the new Justice on the Recognisance of twenty four Lords and Gentlemen About this time viz. 18 Edw. 3. Seals were made for the Courts of King's Bench and Common Pleas in Ireland And the King pardoned the Archbishop of Dublin late Treasurer of Ireland for sundry false Writs and Acquittances which he had put into his Treasurers Account in deceipt of the King But on Palm-Sunday being the ninth Day of April this severe Governor submitted to his Destiny 1346. to the great Joy of the generality of the People And it is observeable That his Lady who was received like an Empress and lived like a Queen was fain to steal away through a Postern-Gate of the Castle to shun the Curses of her Enemies and the Clamour of her Creditors Sir Roger Darcy was immediately appointed Lord Justice ex assensu ordinatione Regalium aliorum in Hibernia and sworn the 10th of April but he continued only till the 25â—h of May and then surrendred to Sir John Morris Lord Justice who met the bad News that in April before the O Mores had burnt the Castles of Ley and Kilmehide He released the Earl of Kildare out of Prison as aforesaid but continued not long in his Government so that there is little mention of what was done in his time saving that in June the Irish of Vlster slew three hundred of the English of Vrgile and immediately thereupon Sir Walter Birmingham 1346. Lord Justice landed in Ireland and was sworn the 19th of June he procured leave for the Earl of Desmond to manage his Cause in England where that Earl was kindly received and allowed by the King twenty Shillings per diem from the day he landed for his Expences his Estate being I suppose in Custodiam he was diligent in his business and followed the Law hard says my Author for satisfaction for the wrongs done him by Vfford The Lord Justice and the Earl of Kildare in November pursued the O Mores so effectually that they forced them to submit and give Hostages and thereupon the Earl of Kildare obliged by the kindness shewed to his Cozen Desmond in England went in May to serve the King at Calice 1347. where he was Knighted by the King for his good Service and the Lord Justice return'd to England leaving John Archer Prior of Kilmainham Lord Deputy in whose time Donald Oge mac Morrough call'd Prince of Leinster was murdered by his own Followers on the 5th of June and the Town of Nenagh was burnt by the Irish on St. Stephens Day Sir Walter Birmingham 1348. Lord Justice came again from England having first obtain'd for himself the Barony of Kenlis in Ossory which formerly belonged to Sir Eustace Poer one of the Knights taken by Vfford in the Earl of Desmonds Castle of Island and there executed It was about this time Cottons Rec. 66. viz. 21 Edw. 3. that the Commons in the English Parliament did petition the King that Enquiry might be made by good men why he taketh no Profit of what he hath in Ireland seeing he hath more there than any of his Ancestors had And if default be found in the Officers that then such others be put into their places as will answer the King of the reasonable Profit thereof and the King was pleased it should be so They also desire that the Estate of the Earl of Vlster which if the Kings Daughter-in-Law the Duchess of Clarence should die without issue might descend to Co-parceners some of which are the Kings Enemies might be setled otherwise And it seems that by the good usage Desmond and Kildare found in England and France and the daily expectation to have the resumed Lands and Jurisdictions restored which was done anno 1352. the Kingdom was so quiet that we find little or nothing recorded of these times except the alteration of the Governors viz. that The Lord Carew 1349. Lord Justice succeeded Birmingham and that Sir Thomas Rokeby 1349. Lord Justice came over the 20th of December and afterward he returned to England and left Maurice de Rochford 1351. Bishop of Limerick Lord
Pound six Shillings and eight Pence per annum Lib. G. and obtained an Order from the King and Council That all those who had Lands in Ireland should repair thither or send sufficient Men in their Room to defend the Country on Pain of forfeiting their Estates Nevertheless this Lord Justice was so far from subduing the Irish that he confessed he could never get access to know their Countries or Habitations and yet he had spent more time in the Service of Ireland than any Englishman then living So finding he could do no good he resigned to James Earl of Ormond July 24. 1376 Lord Justice In whose time the Counties Cities and Burroughs of Ireland sent Commissioners to the King to Treat and Advise about the Affairs of that Kingdom and not to the English Parliament as some have mistaken it Pryn. 305. And the King did Issue a Writ to the Lord Justice and the Chancellor requiring them to levy the reasonable Expences of these Commissioners from the respective Places that chose them by Writ under the great Seal of Ireland And accordingly John Draper who served for Cork had a particular Mandate to the Mayor and Bayliffs of that City to pay him his reasonable Expences as aforesaid It will not be unuseful to recite this Lord Justice his Commission because the Reader will thereby perceive what Authority he had and will also note the Difference between this brief Commission and the prolix Forms that are now used REX omnibus ad quos Ibid. c. Salutem Sciatis quod commisimus dilecto consanguineo nostro Jacobo le Bottiler Comiti de Ormond officium Justic nostr Hibern Terram nostram Hibern cum Castris aliis pertinentiis suis custodiend quamdiu nobis placuerit percipiend per ann ad Scac. nostrum Hibern quamdiu in Officio illo sic steterit quingent libras pro quibus Officium illud terram custodiet erit se vicessimus de hominibus ad arma cum tot equis coopertis continue durante commissione supradicta c. But by a subsequent Patent the sixth of August he had Power to Pardon all Offences generally or to particular Persons and by consent of the Council to remove or displace any Officer those made by Patent under the great Seal only excepted Ibid. 307. And by another Writ of the same date the former Commission was explained not to extend to the Pardon of any Prelate or Earl for any Offence punishable by loss of Life Member Lands or Goods And the same time Alexander Bishop of Ossory was made Treasurer of Ireland and a Guard of six Men at Arms and twelve Archers at the King's Pay allowed him I have seen a Copy of a Commission to Maurice Fitz-Thomas Lib. G. 13. Earl of Kildare to govern Ireland till Sir William Windsor's return it bore date the sixteenth of February 50 Edw. 3. and Stephen Bishop of Meath was appointed to oversee Munster but because I find no other mention of his being in the Government about this time I have therefore omitted to name him as Lord Justice And so we are come to the twenty first Day of June 1377. 1377. on which Day this victorious King died at Shene in Surry in the sixty fourth Year of his Age and of his Reign the one and fiftieth Lib. M. His Revenue in Ireland did not exceed ten thousand Pound per annum though the Medium be taken from the best seven Years of his Reign THE REIGN OF RICARD II. King of England c. And LORD of IRELAND RICHARD the Second only Son of Edward commonly called the Black Prince Eldest Son of King Edward the Third was by his Grandfather declared to be his Heir and lawful Successor and accordingly succeeded him in the Throne on the 21st of June and was Crowned at Westminster the 16th of July following 1377. His tender Age being but eleven years old required a Protector and because it seemed dangerous to commit that great Authority and Power to a single Person it was given to the Kings Unkles the Duke of Lancaster and the Earl of Cambridge and others who thought fit to continue in the Government of Ireland James Earl of Ormond Lord Justice he kept the Kingdom in as good order as those dangerous and troublesom Times would admit of Baker 141. for both the French and the Scots took advantage of the Kings Infancy to disquiet his Dominions but especially the Realm of England This Lord Justice according to the Usage in those days held Pleas of the Crown Lib. G. Lambeth and Gaol-delivery at the Naas on Monday after Valentines Day 1378. and not long after surrendred to Alexander Balscot Bishop of Ossory Lord Justice who continued in the Government until November following Lib. G. and then gave place to John de Bromwick 1379. Lord Justice in whose time Beauchamp Earl of Warwick was by the Parliament of England made sole Protector of the King and Kingdom And then was made that first Act or Ordinance against Absentees Lib. M. Lambeth 138. by the Assent and Advice of the Lords and Nobles of England Davis 38. 199 being in Parliament Whereby it is Ordained That all that have Lands 4th Instit. 356 360. Rents or Offices in Ireland shall return thither but if they have reasonable cause to absent that then they shall send sufficient Deputies to defend their Castles and Estates or contribute two Thirds of the yearly value towards the defence thereof but that Students and those in the Kings Service and those absent for reasonable Cause by Licence under the Great Seal of England shall be excused for one Third of the yearly Profit of their Estates This Act was confirmed afterwards Lib. F. 19 Edw. 4. and by vertue hereof the Mannor of Ballymaclo in Meath was seiz'd into the Kings Hands for the absence of William de Carew but was the next year restor'd to him on his Petition Prin 308. Septemb. 27. 1380. And it is to be remembred That this Act was occasioned by a Petition from Ireland and that it is mentioned in the Body of the Act that the Loss of Ireland would be a Disinherison to the King and his Crown of England Ibid. At the same Parliament at Westminster there was another Irish Petition for Mine and Coigne which I take to be a Liberty to dig Mines and a Mint to coyn Money For the Kings Answer is That for six years to come every one may dig in his own Grounds for any Mineral whatsoever even Gold and Silver paying the Ninth part thereof to the King and sending the rest to the Kings Mint at Divelin for the Coynage of which they shall pay the usual Rates but must transport none to any place except England on pain of forseiting it if it be seized or the Value if he be convict of it unless the Party had special Licence under the Great Seal of
England There was also another Petition for a free intercourse of Trade between Ireland and Portugal Ibid. whereunto the King gave a Gracious Answer And it seems that the State of England was intent upon the Recovery and Improvement of Ireland for Sir Nicholas Dagworth was sent thither to survey the Possessions of the Crown Davis 201 and to call the Officers of the Irish Revenue to account and the more to humour the Irish who thiink themselves disgraced when ignoble Men are put in the highest Authority over them Edmond Mortimer Earl of March and Vlster Jan. 24. 1380. was sent over Lord Lieutenant Sometime before he came viz. in Jun. 1380. the French and Spanish Gallies which did much Mischief on the Coasts of Ireland were by the English Fleet forced to retire into the Harbour of Kinsale where they were assailed and vanquished by the English and Irish so that their Chief Captains were taken Paâ—ata Hiberniae 360. and four hundred of the Enemies slain there were also taken four of their Barges and one Ballenget and one and twenty English Prizes were recovered I cannot find but that Ireland was pretty quiet during the Government of this Lord Lieutenant which did not continue very long for he died at St. Dominicks Abby near Cork on the 26th of December 1381. and the next day John Cotton then Dean of St. Patricks Ware de Praesulibus 28. and Lord Chancellor afterwards Achbishop of Armagh was chosen and sworn Sord Justice 1381 in the Convent of Preaching Friars at Cork Pryn 309. but it seems he did not long exercise that Office for in Mr. Prins Animadversions on the 4th Institut we find a Writ Dated the 29th Day of March anno 1382. viz. 5 R. 2. Directed to Roger Mortimer Earl of March Lord Lieutenant of Ireland whereby he is directed to call a Parliament there for the good Government of that Country and the support of the Kings great Charge and Expence but it is probable that this young Lord could not manage that unruly Kingdom and therefore Philip de Courtny the Kings Cousin was sent over Lord Lieutenant 1383. he had a great Estate in Ireland and therefore was the fitter for that Government He came over on good terms for he had a Patent to hold that Office for ten years nevertheless he behaved himself so ill Lib. M. Lamb. that he was not only superseded but also was arrested whilst he was Lord Lieutenant and afterwards grievously punished for the wrongs and oppressions he had done in Ireland Davis 201. In his time hapned a great Mortality called the Fourth Pestilence and upon the removal of him the Government of Ireland was given to the great Favourite of that Age Robert de Vere Earl of Oxford afterwards Marquess of Dublin Decemb. 1384. and Duke of Ireland Lord Lieutenant The English Parliament to get rid of him gave him a Debt of thirty thousand Marks due from the French King upon condition that after Easter he should pass into Ireland to recover the Lands the King had given him there he had five hundred Men at Arms at twelve pence per diem and a thousand Archers at six pence apiece a day appointed him for two years super conquestum illius Terrae He was trusted with the whole Dominion of the Realm during his Life without paying any thing therefore or making any Account for it He had Power to pass all Writs under his own Test and to place and displace all Officers how great soever even the Chancellor Treasurer Admiral c. and to name his own Deputy and all other Ministers And it seems that he had afterwards a larger Patent 4th Instit 357 9 Rich. 2. whereby the King granted him Totam Terram Dominium Hiberniae Insulas eidem Terrae adjacentes ac omnia Castra Comitatus Burgos Villas Portus Maris c. una cum Homagiis Obedientiis Vassallis Servitiis Recognitionibus Praelatorum Comitum Baronum c. cum Regaliis Regalitatibus Libertatibus c. omnibus aliis qnae ad Regaliam Nostram pertinent cum Mero Mixto Imperio adeo plene integre perfecte sicut Nos ea tenuimus habuimus tenuerunt habuerunt Progenitorum nostrorum aliqui ullis unquam temporibus retroactis Tenendum per Homagium Ligeum tantum c. But that which is most strange is That those illegal Letters Patents should be authorized by Parliament Assensâ— Praelatorum Ducum aliorum Procerum Communitatis nostri Angliae in Parliamento but nullum violentum est perpetuum novus iste insolitus umbratilis honor cito evanuit But it is time to return to the great Minion the Earl of Oxford who came as far as Wales and the King with him but they could not be perswaded to part and therefore this Lord Lieutenant never went to Ireland but deputed Sir John Stanly 1385. Lord Deputy in whose time the Bridge of Dublin fell and at the Parliament held at Westminster Roger Mortimer Earl of March Son of Philippa Daughter of Lionel Duke of Clarence Third Son of Edward the Third was established and soon after proclaimed Heir Apparent to the Crown and yet he was but Heir Presumptive but this Lord Justice was sent for and Alexander de Balscot April 26. alias Petit 1387. Bishop of Meath who had been Treasurer and Chancellor did execute the Office of Lord Justice until the return of Sir John Stanly 1389. Lord Deputy to the aforesaid Earl of Oxford Lib. D. Lambeth to him O Neal and his Sons made an humble Submission in Writing wherein they renounced the Bonaught of Vlster they also promised Allegiance and gave Oaths and Hostages for the performance thereof And it is to be noted 1390. That almost in every Parliament of this Reign held in England the King did desire Aid from them for the carrying on the War in Ireland But at length the English Parliament did so vigorously prosecute the Lord Lieutenant of Ireland that he was forced to fly beyond Seas and not long after died miserably at Brussels and thereupon James Earl of Ormond July 25. was made Lord Justice and the Archbishop of Dublin was constituted Lord Chancellor 1392. This Lord Justice beat the Mac Moyns at Tascoffin in the County of Kilkenny and slew six hundred of them And now the State of England began to think seriously of the Recovery of Ireland and finding that that Country was poor and almost depopulated by the mighty Concourse of Irish into England whereby the Kings Revenue was decayed and the Power of the Irish Rebels increased it was thought fit to revive the Law against Absentees and to issue a Proclamation requiring all those whose Habitations were in that Kingdom to repair home Also some Recruits of Men and Money were sent to Ireland and the King had by Indenture agreed with Thomas Duke of Glocester to be Lord Lieutenant of
twenty pence or two shillings from every one that passed the Seas On the twenty fifth Day of March the King knighted four Irish Kings 1395. Selden tit hon 842. and some other great Lords whereof Mr Selden out of Froisart gives the following Account Four Kings of several Provinces in Ireland that submitted themselves to Richard II were put under the Care of Henry Castile an English Gentleman who spake Irish well in order to prepare them for Knighthood by the Kings Command he informed them of the English Manners in Diet Apparel and the like He asked them If they were willing to take the Order which the King of England would give them according to the Customs of England France and other Countries They answered They were Knights already and that the Order they had taken was enough for them and that they were made Knights in Ireland when they were seven Years Old and that every King makes his Son Knight and if the Father be dead the next of Kin does it and that the manner is thus The new Knight at his making runs with slender Lances against a Shield set upon a Stake in a Meadow and the more Lances he thus breaks the more Honour continues with his Dignity But Mr. Castile told them They should receive a Knighthood with more State in the Church and afterwards being perswaded and instructed especially by the Earl of Ormond they did receive Knighthood at Christ-Church Dublin after their Vigils performed in the same Church and a Mass heard and some others were knighted with them but the four Kings in Robes agreeable to their State sate that Day with King Richard at the Table And so Davit 202. when the King had supplied the Courts of Justice with able Men particularly with Sir William Hankford Chief Justice who was afterwards Chief Justice of England and done his Endeavor to establish a Civil Plantation in the Mountains of Wicklow he returned to England about Midsummer 1394. as I suppose for on the fourth of July 1394 Roger Mortimer Earl of March was sworn Lord Lieutenant Pryn. 294. And not long after the aforesaid excellent Ordinances of 31 Edw. 3. were ratified revived and exemplified and sent into Ireland to be more duly observed than hitherto they had been But the Scene was changed and the Irish despising the weak Forces the King had left behind him began to lay aside their Mask of Humility and to make Incursions into the Borders of the Pale Nevertheless the English were not daunted their Valour supplyed what was wanting in their Number Cambd. particularly Sir Thomas de Burgh and Walter de Birmingham with their Forces slew six hundred of the Irish and their Captain Mac Con and the Lord Lieutenant and the Earl of Ormond wasted the County of Wicklow and took O Birnes House whereupon the Lord Lieutenant made seven Knights But this Victory was much overballanced by the Loss of forty principal Englishmen slain by the O Tools on Ascension-day and not long after by the Death of the Lord Lieutenant himself who was slain at Kenlis in Ossory by the O Birnes on the twentieth of July 1398. And thereupon Roger Gray was chosen Lord Justice 1398. pro tempore until the King sent over his half Brother Thomas Holland Duke of Surry Lord Lieutenant 1398. who landed at Dublin the seventh of October 1398. but did not long continue in that Office before the King pretending a Resolution to revenge the Death of his Cousin and Heir the Earl of March who was slain by the Irish as aforesaid He left the Government of England in the Hands of his Vnkle the Duke of York And on the first Day of June Richard 1399. King of England landed at Waterford with a good Army which he marched to Dublin through the wast Countries of Murroughs Kinshelaghs Cavenaghs Birns and Tooles but the Army was much distressed for want of Victuals and Carriages in those Deserts so that he performed no memorable Exploit save that he cut and cleared the Paces in the Cavenaghs Country and knighted Henry the Duke of Lancaster's Son afterwards Henry V for his briskness against the Irish On the sixth of June being the Friday after the King's arrival Jenico de Artois his faithful Gascoign slew two hundred Irish at Ford in Kenlis in the County of Kildare And the next Day the Citizens of Dublin made Incursions into Wicklow and killed thirty three Irishmen and took eighty Prisoners And on the twenty sixth of June the King came to Dublin and received the Submission of many Irish Lords But whilst he was consulting how to proceed he received the unwelcome News of the Duke of Lancaster's Progress in England whereupon he imprisoned his and the Duke of Glocester's Sons in the Castle of Trym and though he sent the Earl of Salisbury before him to gather an Army in Wales yet the King followed after so slowly that the Army was disperst before he arrived in England with which Misfortune his Courage fell so that on Michaelmass day he tamely surrendred the Crown and gave a just occasion for this true Remark Baker 152. That never any Man who had used a Kingdom with such Violence gave it over with such Patience He was afterwards deposed by Parliament and several Articles exhibited against him one of which was That he forced divers Religious Persons in England to give Horses Arms and Carts towards the Irish Expedition And another was That he carryed into Ireland the Treasure Reliques and other Jewels of the Crown which were used to be kept in the King's Coffers from all Hazard The King created Edward Plantagenet Earl of Cork in the twentieth Year of his Reign And the same Year gave a Licence under the Privy Seal to William Lord Courcy to buy a Ship to pass and repass to and from England And in this Reign happened this famous Case One Thomas a Clerk in England obtained a Judgment at Westminster against Robert Wickford afterwards Archbishop of Dublin and upon Affidavit That the Defendant lived in Ireland and had Goods and Lands there and the Sheriffs Return That he had no Lands nor Goods in England the Plaintiff had a Writ against the said Archbishop in haec verba IDeo vobis mandamus quod de terris catallis ejusdem Roberti Lib. M. jam Archiepiscopi in Terra nostra Hiberniae fieri facias praedict decem libras illas habeatis coram c. This Archbishop died anno 1390 so that this Writ must issue before that time THE REIGN OF HENRY IV. King of England c. And LORD of IRELAND HENRY Duke of Lancaster eldest Son of the famous John of Gaunt fourth Son of King Edward the Third upon the Resignation of King Richard procured him to be deposed in Parliament and himself to be elected King and the Crown to be entailed on him and the Heirs of his Body His Claim was as Heir to Henry III but finding that
to the Lord Justice 1422. whose Servants were on the Seventh of May attacked and defeated by the Irish Purcel Grant and five and twenty English more were slain and ten taken Prisoners and two hundred escaped to the Abby of Leix and to revenge this the Lord Justice invaded O Mores Country and defeated his terrible Army in the red Bog of Asby he relieved his own Men and burnt and preyed the Rebels Lands for four days until themselves came and sued for Peace And it seems O Dempsy notwithstanding his Oath of Obedience invaded the Pale and took the Castle of Ley from the Earl of Kildare which the Lord Justice had justly restored to the Earl whereupon Campion makes a severe Remark on the Irish That notwithstanding their Oaths and their Pledges they are no longer true than they feel themselves the weaker In the mean time Mac Mahon play'd the Devil in Vrgile and burnt and spoil'd all before him Camp 97. but the Lord Justice also revenged that Prank and forced Mac Mahon to submit and many other Noble Exploits did this good Governor for whose Success the Clergy of Dublin went twice every week in solemn Procession praying for his Victory over those disordered Persons which now in every Quarter of Ireland had apostatiz'd to their old Trade of Life and repined at the English And when I have mentioned a Deed made 9 Hen. 5. which is to be found Lib. GGG 24. at Lambeth whereby this Earl of Ormond constituted James Fitz-Girald Earl of Desmond his Seneschal of the Baronies or Signiories of Imokilly Inchicoin and the Town of Youghal during his Life I have no more to add but that this Victorious King after he had conquered France submitted to the common Fate on the last Day of August 1422 in the Flower of his Age and the Tenth Year of his Reign THE REIGN OF HENRY VI. King of England c. And LORD of IRELAND HENRY the Sixth was but nine Months old at the Death of his Illustrious Father 1422. and therefore the deceased King had by his last Will appointed John Duke of Bedford to be Regent of France Humphry Duke of Glocester to be Governour of England and Thomas Duke of Excester and Henry Bishop of Winchester to be Guardians of the Young King's Person All which was duly observed and the Infant King was proclaimed in Paris and the Nobility that were there swore Allegiance to him James Earl of Ormond continued Lord Lieutenant of Ireland and upon a Petition preferred by the House of Commons to the King about the manifold Murders Robberies Rapes Riots and other Misdemeanours committed by the Irish in England Lib. M. it was enacted there That all Persons born in Ireland should quit England within a time limited except Graduates in either University Clergymen beneficed those that have Land in England or are married there or those whose Parents are English and even such are to give Security of their good Behaviour And not long after came over Edmond Mortimer 1422. Earl of March and Vlster Lord Lieutenant He died afterwards of the Plague at the Castle of Trym which was his own Inheritance And in his stead came John Lord Talbot 1425. Lord Justice In whose time the Barretts a Family of good account near Cork did by Indenture covenant to be obedient to the Earl of Desmond who was exceeding Powerful and lorded it over great part of Munster with a high Hand This Governour resigned to James Earl of Ormond 1426. Lord Justice In whose time John Duke of Bedford 4 Instit 360. Regent of France obtained a Patent for all the Mines of Gold and Silver within England Ireland c. rendring to the Church the tenth Part to the King the fifteenth Part and to the Owner of the Soil the twentieth part And then Sir John de Gray 1427. Lord Lieutenant landed at Hoâ—th the thirty first of July and was sworn the next Day but no mention is made of any thing he did but that he went for England and left Edward Dantzy Bishop of Meath 1428. his Deputy He was for a time Treasurer of Ireland and dyed the fourth of January 1428. Upon Notice whereof Sir John Sutton Lord Dudly was sent over Lord Lieutenant He held a Parliament in Dublin Friday next after the Feast of All Saints 1429. at which it was enacted That the Sheriff upon Pain of Amercement should add to the Panel of Jurors the Place Estate and Mistery of every Juror And in the Preamble to this Act the Lord Lieutenant is Styled The Right Noble and Right Gracious Lord. And on the sixth of the same November the King was crowned at Westminster And soon after the Lord Lieutenant returned and left Sir Thomas Strange 1429. Lord Deputy in whose time the King was crowned at Paris 1431. and took the Oaths and Homage of the Nobility and People there And now happened the famous Case of the Prior of Lanthony which was That a Judgment in the Common Pleas being removed to the Irish Parliament was affirmed there Whereupon a Writ of Error was sent from England but the King's Bench in England would not take cognizance of a Judgment in the Parliament of Ireland to reverse it And therefore the Prior petitions the King That the Record may be transmitted to the House of Lords in England to be examined there Sir Thomas Stanly was made Lord Lieutenant of Ireland 1432. and it seems that he called a Parliament which enacted two Statutes that were afterwards repealed by 11 Jac. 1 cap. 5. And then he went to England leaving Sir Christopher Plunket Lord Deputy 1432. he was afterwards Baron of Killine in Right of his Wife Heir of the Cusacks and his second Son became Baron of Dunsany But Sir Thomas Stanly 1435. Lord Lieutenant returned and gave a Check to the Irish who were insolent beyond Measure and incroaching everywhere on the Pale making the best Advantage of the King's Minority and the Absence of the Military Men in France but the Lord Lieutenant with the Power of Meath and Vriel took Moyle O Donel Prisoner and slew a great many of the Irish And afterwards about Michaelmas he went again to England and left Richard Talbot Archbishop of Dublin 1436. Brother to the Earl of Shrewsbury Lord Deputy he was sometime Lord Chancellor of Ireland and was elected Primate of Armagh but he refused to change his Bishoprick Lion Lord Wells 1438. Lord Lieutenant in whose time a second Law was made in England Lib. M. obliging the Irishmen to return into their Native Country And another Statute was made in Ireland to stop the Passage of any more into England And on the twelfth of June 17 Hen. 6. Robert Fitz-Geofry Cogan granted all his Lands in Ireland being half the Kingdom of Cork to James Earl of Desmond and gave a Letter of Attorney to put him in Possession of Kyrrygrohanmore Lib. G. Downdrinane
pain of loss of Life Lands and Goods that never any of them do make War upon another without Licence or Commandment of you my Lord Deputy and the Kings Council for the utter destruction of these parts is that only cause and once all the Irishmen and the Kings Enemies were driven into a great Vally called Glanehought betwixt two great Mountains called Maccorte or the Leprous Island and there they lived long and many years with their White-Meat till at the last these English Lords fell at variance among themselves and then the weakest part took certain Irishmen to take his part and so vanquished his Enemy and thus fell the English Lords at variance among themselves till the Irishmen were stronger than they and drave them away and now have the whole Country under them but that the Lord Roch the Lord Courcy and the Lord Barry only remain with the least part of their Ancestors Possessions and young Barry is there upon the Kings Portion paying his Grace never a penny of Rent wherefore We the Kings poor Subjects of the City of Cork Kinsale and Youghal desire your Lordship to send hither two good Justices to see this Matter ordered and some English Captains with twenty Englishmen that may be Captains over us all and we will rise with them to redress these Enormities all at our own Costs and if you do not we be all cast away and then farewel Munster for ever and if you will not come nor send we will send over to our Liege Lord the King and complain on you all However I will not pretend to be exact in the timing of this Letter This Lord Lieutenant had a Son born at Dublin well known afterwards by the Name of George Duke of Clarence to whom the Earls of Ormond and Desmond were Godfathers and thereupon Desmond grew so insolent and haughty that his Oppressions were the chief Cause of the aforesaid Letter from Cork but it is probable that the Lord Lieutenant return'd to England and left James Earl of Ormond afterward Earl of Wiltshire 1451. and Lord Treasurer of England Lord Deputy in whose time Sir John Talbot was made Lord Chancellor of Ireland and it seems Complaint was made against him because he put in a Deputy in his room absque Regis licentia Lib. CCC This Lord Deputy was made Lord Lieutenant and went for England leaving John Mey Archbishop of Armagh Lord Deputy 1453. wherewith the Government of England being dissatisfied a Writ was sent to the Earl of Ormond commanding him Quod circa praemissis intenderet I suppose the Reason might be because there was a Necessity for the Presence of a Military Governour of Power and Authority in that Kingdom to repel the daily Incursions of the Irish into the Pale and therefore Ormond not being willing to come over the Government was committed to Thomas Earl of Kildare 1454. Lord Deputy who held it only until the arrival of Sir Edward Fitz-Eustace Lord Deputy to the Duke of York Who held a Parliament in Dublin at which it was enacted I. That all Statutes against Provisors in England or Ireland should be held in Force II. That Inquests before Coroners shall be discharged after a second Verdict that they do not know the Felon III. That no Appeals shall be to England except for Treason against the King's Person and in all false Appeals the Plaintif shall pay Damages and twenty Pound and one hundred Shillings Fine In the mean time the Duke of York in England obtained a famous Victory over the King's Forces at S. Albans where the Duke of Somerset was slain and the King himself was wounded in the Neck and afterwards on the ninth of July he was made Protector of the King's Person by Parliament And in Ireland Thomas Earl of Kildare was Lord Deputy to the Duke of York 1455. and held a Parliament at Dublin wherein it was enacted I. That no Exigents nor Outlawries be made by Commissioners II. That the Recorder of Dublin and Drogheda shall have but two Pence for every Plaint III. That every Man shall answer for his Sons and waged Men. IV. An Act about Escheators V. That a Parliament should be held every Year And he held another Parliament at the Naas Lib. M. 48. Friday after All Saints which enacted I. That all Strangers pay forty Pence per Pound Custom for transporting Silver II. That every Man shall answer for his Sons except in Cases Capital III. That no Person not amesnable to Law shall distrain without Licence on pain of forfeiting his Title And he held another Parliament at Dublin Friday after the Purification at which it was established I. That Beneficed Persons should reside II. That the Inhabitants to enclose the Village might remove the High-way forty Perch Richard Duke of York 1459. upon the Revolt of Andrew Trollop and the Callicians broke up his Army and fled first to Wales and afterwards to Ireland where he was kindly received and by his Deputy the Earl of Kildare he held a Parliament at Dublin the third of February which enacted That Warrants to the Chancellor bear the Date of the Delivery and that the Patents be of the same Date or else be void And the same Day twelve month he held another Parliament at Drogheda 1460. wherein it was enacted That no Man should sue in the Exchequer but a Minister of that Court on pain of ten Pound This Duke and his Abettors were in a Parliament at Coventry declared Traytors and thereupon the Earl of March came to his Father into Ireland and soon after returned to Calice and thence invaded England at Sandwich and on the ninth of July he fought and defeated the King at Northampton and took him Prisoner whereupon the Duke of York went to England and called a Parliament in the King's Name and in that Parliament boldly claimed his Title and so it was enacted That King Henry should keep the Crown during his Life and the Duke should be declared Heir apparent and in case of Opposition or farther Bustle about it should have present Possession But not long after the Duke was defeated and slain at the Battle of Wakefield This Duke behaved himself exceeding well in Ireland he appeased the Tumults there and erected Castles on the Borders of Louth Meath and Kildare to stop the Irish Incursions and was so well esteemed in that Kingdom that Multitudes of the Irish Subjects attended him into England to pursue his Claim to the Crown Nevertheless the Publick Revenue was but very low because the whole Kingdom was in Possession of the Irish except the Pale and some few Places on the Sea-Coast in Vlster and even that was so far from being quiet that they were fain to buy their Peace by yearly Pensions to the Irish and to pay Tribute and Contributions to them for Protection which nevertheless was but very ill observed to the English It cannot be expected I should give the Reader an exact
BROTHERHOOD of St. George But to proceed William Sherwood 1475. Bishop of Meath was Lord Deputy to the Duke of Clarence he held a Parliament at Dublin Friday after the Feast of St. Margaret which makes it Treason to bring Bulls or Apostiles from Rome and orders the Lords of Parliament to wear Robes on pain of one hundred Shillings and enjoyns the Barons of the Exchequer to wear their Habits in Term-time and Enacts That if any Englishman be damnified by an Irishman not amesnable to Law he may reprize himself upon the whole Sept or Nation And that it shall be Felony to take a Distress contrary to Common Law which was a very necessary Act in those Times and is the only Act of this Parliament that is printed and though it be an English Case yet it may be useful in other Countries and therefore we will mention That George Nevil Duke of Bedford was this Year degraded 4th Instit. 355. because he had not any Estate left to support the Dignity Henry 1478. Lord Grey of Ruthen Lord Deputy held a Parliament a Drogheda which repeal'd all the Acts of the aforesaid Parliament of 12 Edw. 4. and then he resigned to Sir Robert Preston Lib. G. Lord Deputy who on the 7th of August was created Viscount Gormanston but he held the Government but a little time before he surrendred to Girald Earl of Kildare Lord Deputy he held a Parliament at Naas Friday after the Feast of St. Petronilla which Enacted 1478. 1. That Distresses taken for Rent might be sold And 2. That Non-Residents might be chosen Parliament-men 1480. but on the twelfth of August the Earl of Kildare was made Deputy to the Kings Son Richard Duke of York for four years from the fifth of May following Lib. M. by the Dukes Patent under the Kings Privy Seal quod nota and the Earl by Indenture with the King did Covenant to keep the Realm surely and safely to his power and was to have eighty Archers on Horse-back and forty other Horsemen called Spears and six hundred pound per annum to maintain them and if the Irish Revenue cannot pay it it shall be sent out of England This Lord Deputy held another Parliament on Monday after the Translation of St. Thomas at which it was Ordained 1. That no Hawks should be carried out of the Kingdom without great Custom And 2. That the Pale should have no correspondence with the Irish and it seems this Parliament Naturaliz'd Con O Neal Davis 93â— who had married the Lord Deputy's Daughter What the incomparable Spencer in his View of Ireland relates of the Duke of Clarence and Moroughen Ranagh O Brian is not to be placed in the Reign of Edward the Fourth because George Duke of Clarence was never actually in Ireland whilst he was Lord Lieutenant of that Kingdom but always managed that Province by Deputies and therefore I suppose that what Spencer has related will better suit with the Government of Lionel Duke of Clarence in the Reign of Edward the Third who did indeed marry the Heiress of Vlster and performed the other Atchievements Mr. Spencer writes of It was in this Kings Reign that the Jubile which before was every Fiftieth Year was by Pope Sixtus the Fourth brought to be every five and twentieth year and that the Primacy of Scotland was setled upon the Archbishop of St. Andrews And thus stood the Government of Ireland during the Reign of King Edward the Fourth who between the French King the troublesome Earl of Warwick the discontented Lords and the Attempts of the Wife and Friends of Henry the Sixth found so much work at home that Ireland was in a manner neglected and left to the Protection of the Fraternity of St. George when on the ninth Day of April 1483 the King died in the two and fortieth Year of his Age and of his Reign the three and twentieth THE REIGN OF RICHARD III. King of England c. And LORD of IRELAND UPon the Death of King Edward his Son the Prince of Wales being then at Ludlow was Proclaimed King by the Name of Edward the Fifth and in his way to London was perswaded by the means of his Unkle the Duke of Glocester to dismiss great part of his Guards as well to save the Charge as to avoid giving Cause of Suspicion and Reasons of Jealousie to such as doubted that so numerous an Attendance was entertain'd upon Designs prejudicial to them And so having luckily mounted this first step to the Throne the Duke of Glocester proceeded to confederate with the Duke of Buckingham and the Lord Hastings and by their assistance he first seized on the Earl Rivers and others of the Kings Relations and Friends and then got the King himself into his power and brought him to London using a thousand Artifices to make the People believe that the Queen-Mothers Kindred designed the extirpation of the Ancient Nobility the Slavery of the People and the Ruine of the Kingdom This Duke of Glocester wheedled or bribed to that degree that he was chosen Protector by the unanimous Consent of the Council and afterwards got the Kings Brother out of Sanctuary at Westminster and under specious Pretences of their Security both the Princes were conveyed to the Tower of London in a most pompous and splendid manner and there they were afterwards murdered by the Appointment if not by the Hands of their Unkle King Richard took upon him the Regal Office on the 18th day of June 1483. and before the Murder of his Nephews and he was Crowned together with his Queen on the 6th day of July 1483. and being very busie in England to establish the Crown he had usurped he did not think it advisable to make any Alterations in Ireland but continued in that Government Gerald Earl of Kildare Lord Deputy to Edward the Kings Son who held a Parliament at Dublin wherein it was Enacted That the Mayor and Bayliffs of Waterford might go in Pilgrimage to St. James of Compostella in Spain leaving sufficient Deputies to govern that City in their absence 2. That the Corporation of Ross might reprize themselves against Robbers and that no Persons should alien their Free-hold in Ross to a Foreigner without the Licence of the Portriff and Council of that Town but these being private Acts are not Printed It seems that the next Year the Earl of Kildare as Deputy to the Earl of Lincoln 1484. Lord Lieutenant did hold another Parliament at Dublin wherein six private Acts only were made and not long after conven'd another Parliament at Trim which either did nothing at all or nothing worth mentioning but a subsequent Parliament at Dublin gave a Subsidy of Thirteen shillings and four pence out of every Plow-Land to the Deputy towards his Charges in the Service he did against the Irish wherein O Connor it seems was a Partner or Co-adjutor for he also had ten Groats out of every Plow-Land in Meath for
York Second Son of Edward the Fourth to whom the Crown did really belong if he were living and this Perkin did personate him so well that there remains some doubt to this day whether he were an Impostor or not but supposing he was it was cunningly contrived to let him first appear in Portugal as a Child that had in a skulking manner fled from the Cruelty of his usurping Unkle besides Portugal was a Place with which the Duchess of Burgundy had not much Correspondence and therefore it could not be suspected that she had a hand in the Cheat but however that be young Perkin set Sail from Lisbon and arrived safely at Cork where he was kindly received by the Citizens and particularly by John Walters an eminent Merchant of Cork who probably was then Mayor and whose Apprentice Perkin had been as they say he wrote Letters to the Earls of Kildare and Desmond for their Assistance against King Henry but before he received their Answers he received Letters from the French King inviting him thither and so to France he went and was royally received and entertained until that King made Peace with King Henry and then Perkin made a seasonable Retreat into Flanders where he was exceeding welcome to his supposed Aunt the Duchess of Burgundy and there we will leave him for a while and return to our â—ord Deputy He held a Parliament at Dublin 1493. on Friday after Midsummer which it seems vacated some Indictments and Inquisitions that had formerly been made to the prejudice of this Lord Deputy by the Means of the Lord Portlester and now the Tables being turn'd and the Votaries of the House of Lancaster at Helm the Lord Portlester himself was questioned in the Exchequer for the miss-management of his Office of Treasurer This Parliament did also repeal a former Act made against the City of Waterford and restored that City to all its ancient Liberties and Priviledges and it is probable that there was also an Act of Parliament now made for the general Resumption of all the Crown Lands that were alienated or granted away since the first year of King Henry the Sixth but none of the Acts of this Parliament are Printed except one for the cleansing of the Water-Course in St. Patrick-street in Dublin and so this Parliament being dissolved in August the Lord Deputy on the sixth of September following resigned to Robert Preston Viscount Gormanstown Lord Deputy to the Duke of Bedford who it seems had not Commission to call a Parliament nevertheless he did call one which met at Drogheda and made several Statutes which were absolutely void for the Defect aforesaid however they were expresly repeal'd by 10 Hen. 7. cap. 23. And these farther Reasons were given for it 1. That the Lord Lieutenant had surrendred his Patent before the Summons And 2. Because the Parliamentary Summons did not issue to all the Shires but to four Shires only On the Twelfth of September this Lord Deputy called several of the Nobility to Trim where they subscribed Articles for the Peace of the Kingdom viz. That no man should make War without the Deputies Consent and that several Extortions and Tributes that were used and demanded should be abrogated and suppressed and that Murderers Thieves and Vagabonds should be punished c. There were present at this Assembly Alexander Plunket L. Chancellor Girald Earl of Kildare the Bishops of Meath Kildare the Lords of Slane Delvin Killeen Houth Trimletston and Dunsany c. And they gave Recognizanse and Hostages for the observation of those Articles and after this he called the Parliament aforesaid In October the late Lord Deputy Fitz-Symons went into England to give the King a full Account as well of his own Government as of the present State of the Kingdom of Ireland and not long after viz. in November following the Earl of Kildare hearing he was impeach'd in England went also thither to justifie himself before the King but the L. Deputy leaving the Government in the Hands of his Son followed the Earl to England and by the Assistance of Sir James Ormond Lord Treasurer of Ireland he so far prevailed that Kildare's Justification was rejected and himself sent over Prisoner to Ireland to the end the Matter might be more fully examined upon the place 1494. by Sir Edward Poynings Knight of the Garter Lord Deputy whose chief Errand was to suppress the Abettors of Perkin Warbeck he came over the thirteenth of September and immediately made great Alterations amongst the Ministers of State Henry Dean Bishop of Bangor he constituted Lord Chancellor Sir Hugh Conway was appointed Treasurer Thomas Bouring was made Chief Justice of the Kings Bench as John Topcliff was of the Common Pleas and Walter Ever was made Chief Baron of the Exchequer all which were Englishmen born and good Lawyers and were sworn of the Privy Council of Ireland This Deputy brought over with him about one thousand Souldiers and resolved to invade Vlster to pursue some of Perkins's Friends that fled thither it is strange he should use the Earl of Kildare's assistance in this Expedition however together they went accompanied with Sir James Ormond who had resigned the Office of High Treasurer they did great Execution on the Irish and harass'd the Territories of O Hanlon and Mac Genis and others It was suggested That Kildare did secretly treat and conspire with O Hanlon to destroy the Lord Deputy for which he was Attainted as shall be shewn hereafter but it seems he was innocent of that Matter not only because O Hanlon cleared him upon Oath two years after but also because he was acquitted in England upon full hearing before the King Nevertheless Kildare's Brother did at this time seize on the Castle of Caterlogh whereupon the Lord Deputy was necessitated to clap up a sort of a Peace with O Hanlon and Macgenis and so having taken their Oaths and Hostages he immediately marched to Caterlogh which after ten days Siege 1494. was surrendred unto him And so in November on Monday before the Feast of St. Andrew sate that famous Parliament at Drogheda which Enacted I. That the Treasurer might appoint his under-Officers here as is used in England and shall account once a year here before the Barons of the Exchequer and such of the Council as the Lord Deputy shall appoint and the same Accounts to be certified into England and finally determined and setled there II. That no Minister of Justice viz. The Chancellor Treasurer Judges Clerk or Master of the Rolls nor any Officer Accomptant shall have their Places but during the King's Pleasure III. An Act adnulling a Prescription which Traytors and Rebels claimed in Ireland The Reason of this Act was because Richard Duke of York at his last being in Ireland did Cause an Act to be made That Ireland should be a Sanctuary for Refugees and that it should be Treason to disturb any body there by any Writ Privy Seal or other Matter from England and
they procur'd as good a Bed-fellow for the Ambassador though she was of meaner Quality this Liquorish Harlot unfortunately met with a small Bottle of choice Balm valued at two thousand Crowns which was given to the Bishop by Solyman the Magnificent when he was Ambassador in Turky she was invited by its Odour to try its Relish and it seems liked it so well that she licked it all out whereat the Bishop grew so outragious and loud that he discovered his Debauchery frightned the Woman away and made sport for the Irishmen and his own Servants After this the Bishop met with O Neal and the Titular Primate Robert Wachop in a secret place and heard the Overâ—ures of them and their Confederates and it is not to be doubted but they came to an Agreement because the Bishop soon after went to Rome but being unable to separate the Pope from the Interests of the Emperor this Negotiation had no effect In the mean time two of the Cavenaghs viz. Cahir Mac Art of Polmonty and Girald Mac Cahir of Garochil had fierce Contests about their Territory at length it came to a Battel as it were by consent and about an hundred on each side were slain but Cahir Mac Art had the better of it and finally obtain'd that Signiory But the Exchequer being empty the Lord Deputy designed to levy a Tax upon the People but the Earl of Ormond would by no means suffer that 〈…〉 whereupon the difference grew so high between him and the Lord Deputy that at last it came to mutual Impeachments whereupon both of them were sent for to England and by the King's Mediation were reconciled whilst the ambodexter Allen was imprison'd in the Fleet and deprived of the Great Seal and Sir Thomas Cusack was made Lord Keeper and not long after viz. about the twenty eighth day of October the Earl of Ormond and thirty five of his Servants were poyson'd at a Feast at Ely-House in Holborn so that he and sixteen of them died but whether this hapned by Accident or Mistake or were done designedly could not be discovered Sir William Brabazon was sworn Lord Justice on the first of April 1546. although his Patent bore Date the sixteenth of February Ware 174. In his time hapned a strange and unnatural Action for Bryan Lord of Upper Ossory sent his own Son Teige Prisoner to Dublin where he was executed and in July Patrick O More and Bryan O Connor with joint Forces invaded the County of Kildare and burnt Athy but the Lord Justice immediately pursued them and leaving a Garrison at Athy he marched into Offaly and made a Fort at Dingen now Philipstown and forced O Connor to fly into Connaught But the Necessities of the State obliged the King to Coyn Brass or mixt Moneys and to make it currant in Ireland by Proclamation to the great dissatisfaction of all the People especially the Soldiers and about the same time Edward Basnet Dean of St. Patrick's in Dublin and the Chapter after some Reluctancy surrendred their Possessions to the King Three Things are observable in the Letters during this King's Reign 1. None of them do mention either the Year of our Lord or the Year of the King's Reign though all of them do take notice of the Day of the Month whereby this Part of the History was so perplex'd and confus'd that I will not promise that I have always guess'd the time aright though I have used my utmost diligence and endeavours to do so 2. All the Letters of this Reign conclude thus So knoweth God to whom we pray for your Graccs Prosperity or to that effect but these Words So knoweth God are always in although in the subsequent Words there is some Variation according to the Fancy of the Writer 3. Most of the Letters from the great Irish Lords even some of English Extraction are subscribed with a Mark very few of thembeing able to write their Names Sir Anthony Saintleger Lord Deputy returned on the sixteenth day of December with Sir Richard Read who was made Lord Chancellor in the room of Cusack and Cusack was made Master of the Rolls And thus stood the Government of Ireland during the Reign of King Henry the Eighth who Died on the twenty eighth day of January in the thirty eighth Year of his Reign and of his Age the fifty sixth THE REIGN OF EDWARD VI. KING OF England France AND IRELAND EDWARD 1546. the Sixth of that Name since the Norman Conquest was born at Hampton Court on the twelfth Day of October 1537. and succeeded his Father in the tenth Year of his Age on the twenty eighth Day of January 1546. and on the first of February Edward Seymour who was the King's Unkle by the Mother was made Protector of the King and Kingdoms and was afterwards created Duke of Somerset and on the twentieth Day of February the King was crowned at Westminster with great Solemnity Sir Anthony Saintleger continued in the Government of Ireland Ware 177. at first by the name of Lord Justice and afterwards by the Title of Lord Deputy and he proclaimed the new King on the twenty sixth Day of February 1547. and not long after Sir Richard Read was made first Lord Keeper and afterwards Lord Chancellor and the Earl of Desmond was constituted Lord Treasurer of Ireland on the twenty ninth Day of March and on the seventh Day of April the Privy Council was sworn viz. Sir Richard Read Chancellor George Archbishop of Dublin Edward Bishop of Meath Sir William Brabazon Vice-Treasurer Sir Girald Ailmer Lord Chief Justice of the King's Bench Sir Thomas Luttrel Lord Chief Justice of the Common Pleas James Bath Esq Lord chief Baron of the Exchequer Sir Thomas Cusack Master of the Rolls and Thomas Houth Esq one of the Judges of the King's Bench to whom afterwards others were added But the O Birnes took advantage of the Change of the Government and hoping that the Infancy of the King would occasion Disturbances in the State they began to be very unruly and troublesome insomuch that the Lord Deputy was necessitated to invade their Country he pursued them so close that he slew their Captain and drove themselves into the Woods and Fastnesses He also took two of the Fitz-Giralds who had formerly been Proscribed and now joyned with O Toole and he brought them and other Prisoners to Dublin where they were executed Nor were Patrick O More and Brian O Connor less forward than the rest but briskly invaded the County of Kildare and loaded themselves with Prey and Plunder but the Lord Deputy came seasonably to intercept them and having killed two hundred of the Rebels upon the Place the rest of them with their light-footed Captains fairly ran away But the Government of England wisely considering the fickle Inclinations of the Irish and the danger of a general Defection of that Nation from a Protestant King seasonably provided for that Kingdom so that Edward Bellingham with the
within his Dominions for his faithful Subjects to increase their Knowledge of God and of our Saviour Jesus Christ We therefore for the general Benefit of our well beloved Subjects Vnderstandings whenever assembled or met together in the said several Parish-Churches either to Pray or hear Prayers read that they may the better joyn therein in Vnity Hearts and Voice have caused the Liturgy and Prayers of the Church to be Translated into our Mother-Tongue of this Realm of England according to the Assembly of Divines lately met within the same for that purpose We therefore Will and Command as also Authorize you Sir Anthony Saint-Leger Knight our Vice-Roy of that our Kingdom of Ireland to give special Notice to all our Clergy as well Arch-Bishops Bishops Deans Arch-Deacons as others our Secular Parish-Priests within that our said Kingdom of Ireland to perfect execute and obey this our Royal Will and Pleasure accordingly But before Proclamations were issued out Sir Anthony Saint-Leger upon receipt of this Order call'd an Assembly of the Archbishops and Bishops together with the then Clergy of Ireland in which Assembly he signified to them as well his Majesties Order aforesaid as also the Opinions of those Bishops and Clergy of England who had adhered unto the Order saying That it was his Majesties Will and Pleasure consenting unto their serious Considerations and Opinions then acted and agreed on in England as to Ecclesiastical Matters that the same be in Ireland so likewise celebrated and performed Sir Anthony Saint-Leger having spoken to this effect George Dowdal who succeeded George Cromer in the Primacy of Armagh stood up and through his Romish Zeal to the Pope laboured with all his power and force to oppose the Liturgy of the Church that it might not be read or sung in the Church saying Then shall every illiterate Fellow read Service or Mass as he in those Days termed the Word Service To this Saying of the Archbishop's Sir Anthony replied No your Grace is mistaken for we have too many illiterate Priests amongst us already who neither can pronounce the Latin nor know what it means no more than the Common People that hear them but when the People hear the Liturgy in English they and the Priest will then understand what they pray for Upon this Reply George Dowdal bid Sir Anthony beware of the Clergy's Curse Sir Anthony made Answer I fear no strange Curse so long as I have the Blessing of that Church which I believe to be the true one The Archbishop again said Can there be a truer Church than the Church of St. Peter the Mother Church of Rome Sir Anthony return'd this Answer I thought we had all been of the Church of Christ for he calls all true Believers in him his Church and himself the Head thereof The Archbishop replied And is not St. Peter's Church the Church of Christ Sir Anthony return'd this Answer St. Peter was a Memher of Christ's Church but the Church was not St. Peter's neither was St. Peter but Christ the Head thereof Then George Dowdal the Primate of Armagh rose up and several of the Suffragan Bishops under his Jurisdiction saving only Edward Staples then Bishop of Meath who tarried with the rest of the Clergy then assembled on the Kalends of March 1550. Sir Anthony then took up the Order and held it forth to George Brown Archbishop of Dublin who standing up received it saying This Order good Brethren is from our Gracious King and from the rest of our Brethren the Fathers and Clergy of England who have consulted herein and compared the Holy Scriptures with what they have done unto whom I submit as Jesus did to Caesar in all things just and lawful making no question why or wherefore as we own him our true and lawful King And it seems that on Easter-Sunday the Liturgy in the English Tongue was read in Christ-Curch according to the King's Order and the Archbishop Brown Preached an excellent Sermon on these Words Open mine Eyes that I may see the Wonders of thy Law Psal 119. ver 18. But whether the Lord Deputy were not zealous in propagating the Reformation or what other Differences there were between him and the Archbishop I cannot find but it is certain the Archbishop sent Complaints against him into England Ware 190. and thereupon he was recalled and Sir James Crofts was made Lord Deputy by Patent 1551. Dated the twenty ninth day of April and the Instructions to him and the Council were 1. To propagate the Worship of God in the English Tongue and the Service to be translated into Irish to those places which need it 2. To prevent the Sale of Bells Church-Goods Chantry-Lands c. and to Inventory them 3. To execute the Laws justly collect the Revenue carefully and muster the Army honestly 4. To get the Ports into the King's possession that his Customs may be duly answered 5. To search for a Mine of Allum 6. To Lett the King's Lands especially Leix and Offaly for one and twenty years to such as will live upon them 7. To enquire into the Conveniency of Building Ships in Ireland 8. To endeavour to perswade the Nobility to exchange some Irish Land for the like value in England 9. That the Soldier be not sued except before the Deputy or Marshal but if Justice be not done in three Months then to remit them to the Common Law 10. To allow Trade to all Foreigners though Enemies 11. Above all to reduce the Birns and Tools and their Country When the Lord Deputy Landed he was informed That his Predecessor Saint-Leger was gone to Munster and thereupon he rode directly to Cork and on the twenty third of May he was sworn and received the Sword there and one of the Cavenaghs or Mac Moroughs for some Crime was there hanged The Lord Deputy who was a zealous Protestant endeavoured all he could to perswade the Primate Dowdal to observe the King's Order about the Liturgy but he continued obstinate and therefore the King and Council of England on the twentieth day of October deprived him of the Title of Primate of all Ireland and annexed it to the See of Dublin for ever whereupon Dowdal withdrew beyond the Seas and Hugh Goodacre was made Archbishop of Armagh in his room being together with John Bale Bishop of Ossory consecrated in Christ-Church Dublin by the Archbishop of Dublin and the Bishops of Kildare and Down on the second day of February 1552. About which time the English Liturgy with Orders and Rules for Ecclesiastical Habits and Ceremonies was reprinted at Dublin by Humyhry Powel But it is time to return to the Army which under the Command of the Lord Deputy marched into Vlster against the Scotch Islanders the English invaded the Isle of Raghlin but were forced to retreat with the Loss of one Ship and several Men Captain Bagnal also was taken Prisoner but he was afterwards exchanged for Surly buy Mac Donald who was then Prisoner at Dublin in
this Journey the Deputy received the Submissions of some of the Irish and drove others of them into Fastnesses About this time the Name of the King at Arms who was formerly called Ireland was changed to that of Vlster and Nicholas Narbon Richmond Herald in England was the first King at Arms by the Name of Vlster Ware 192. and upon his Death Bartholomew Butler succeeded him June 21. anno 1552. But upon the Lord Deputy's Return to Dublin Matthew Baron of Dungannon complained to him against his Father the Earl of Tyrone whereupon that Earl was imprisoned which enraged his other Sons to that degree that they burnt and destroyed that part of the Country which belonged to Matthew On the other side the Baron being assisted by the English resolved to revenge that Injury and at length it came to a Battel which was doubtful for some time but ended in the Defeat of Matthew and the Slaughter of two hundred of his Soldiers English and Irish Nevertheless the Earl of Tyrone remain'd confin'd to stay within the Pale until at the end of three Months he gave Hostages in February and returned to Vlster And about the same time O Connor made his escape out of the Tower of London but was retaken and again imprisoned but Mac Coghlan being weary of wandring in the Woods made his Submission and was restored to his Territory of Delvin And the Publick Records were removed from Birmingham's Tower to S. Patrick's Library in Dublin The Year 1552 1552. was propitious to the Noble Family of the Giraldines for Girald Son of the last Earl of Kildare whose miraculous Preservation hath been already mention'd was now received into Favour and on the twenty fifth of April was restored to Minooth and good part of his Estate and about two years after in the Reign of Queen Mary viz. on the thirteenth of May 1554. he was Created Earl of Kildare Lib. G. and Baron of Ophaly at Westminster But Donough Earl of Thomond who had that Title confirmed to him and his Heirs Males in January last had great Contests with his Unkle Daniel who claimed the Estate by Tanistry but at length by the Mediation of the Lord Deputy they came to an Agreement which is mentioned in an Indenture Tripartite between the Deputy the Earl and Daniel O Bryan Dated May 9 1552. In the mean time Sir Nicholas Bagnal was sent against Hugh Mac Morough and they came to a Battel which was so well fought on both sides that the Loss as well as the Victory is uncertain But the Garrison of Athloan had better Success at Cluan macnoise where they robbed or destroyed all they met with not sparing even the Church-Books The Lord Depury marched to Vlster and repaired and garrison'd the Castle of Belfast but it seems he brought but a small Army in expectation that the Baron of Dungannon would joyn him with his Forces and indeed the Baron designed it and endeavoured it but his Brother Shane O Neal surprized his Camp by night and routed his Army with a great Slaughter Whereupon the Lord Deputy returned to Dublin and intended for England but he was stopped for a while by Sir Henry Knolls whom the King sent over with Intelligence that the Queen of Scots had sent O Connor's son to Ireland to raise new Commotions but as soon as it was understood that his Negotiation was ineffectal the Lord Deputy prosecuted his former Resolution and embarked at Houth on the fourth of December and pursuant to the King's Letter of the seventh of November Sir Thomas Cusack Lord Chancellor and Sir Girald Ailmer Lord Chief Justice were chosen Lords Justices on the sixth of December and soon after one of the O Neals was imprisoned in Dublin for spreading false News about the late Lord Deputy but he was on the thirtieth of December enlarged on Bail In the mean time on the twenty eighth of December Lib. D. Hugh Mac Neal Oge of Clandeboy made his Submission to the Lords Justices or rather to the King and swore Allegiance and Agreed and Covenanted by Indenture to forfeit all if he ever relapsed or apostatized again Whereupon the King granted to him the Abby of Carrigfergus and Liberty to keep three Secular Priests as also the Castle of Belfast But Ireland was unhappy not only by the Civil Dissentions in Vlster between the Earl of Tyrone and his Son Shane O Neal and by the Scarcity of Provisions insomuch that a Kilderkin of Wheat was sold for four and twenty shillings which in the following year was sold for five shillings but also by the Death of Sir William Brabazon who died in July and was one of the most faithful men to the English Interest that had appeared in Ireland from the Conquest to that day The King was advised to lower the Value of Brass Money and to make the Bell-Groat currant at two pence and no more and also to build a Castle at Baltimore to oblige the Fishermen to pay Tribute the former he performed but the later as unpracticable was neglected or postponed The Earl of Thomond and his Unkles Donald and Trelagh were again at open Wars notwithstanding the aforesaid Agreement made between them by the Government February They took the Town of Cluanroad but the Earl defended the Castle for a time but not long after he was murdered by his Unkle Donald and was succeeded by his Son Cnogher whose Mother was Helen April Daughter of Pierce Earl of Ormond 1553. About the same time Teig Roe O Mlaghlin murdered Neal Mac Fylemy of the same Family coming from Molingar but the Murtherer was not long after slain in Battel by the Baron of Delvin and the Garrison of Athloan and in Connaught Richard Burk was at variance with the Sons of Thomas Burk Buckagh the issue whereof was that Richard was taken Prisoner and an hundred and an fifty of his Men slain Nor were the Contests less between Richard Earl of Clanrickard and John Burk the Earl besieged John's Castle but Daniel O Bryan came to John's Relief and forced the Earl to raise the Siege But whilst these things were doing the King died at Greenwich on the sixth Day of July in the seventh Year of his Reign aud the sixteenth Year of his Age. THE REIGN OF MARY QUEEN OF England France AND IRELAND MARY 1553. eldest Sister of the deceased King notwithstanding King Edward's Will and all the Endeavours that were used against her did succeed her Brother in the Throne and although she was Kept out of Possession by the Lady Jane about twelve Days so that she was not proclaimed at London until the nineteenth Day of July Yet there being no Interregnum in England her Reign must be computed from the sixth of July being the Day of her Brother's Death It may seem strange That the Protestants did so easily submit to her or that the Kingdom of Ireland should at all own her for their Queen Because I. She was the Issue
of an Incestuous Marriage so directly against the Law of God that no Power on Earth could dispense with it Dr. Burnet's Hist Reform 131. And that Marriage was judicially nulled and made void ab initio by the Divorce pronounced between the Parties by the Archbishop of Canterbury so that by consequence the Issue was bastardiz'd and rendred Illegitimate And II. Because the Crown was entailed upon Queen Elizabeth by Name by the Irish Statute of 28 Hen. 8. cap. 2. as hath been already observed and that Statute was not repealed in Ireland to that time It would be a lame Answer to the first Objection to insist upon the English Statute of 35 H. 8. which gave that King Power to dispose of the Crown by his Will for besides what some will alledg against Bills of Exclusion in general every Body will oppose that wild and unjust Method of Exclusion that has no regard to the Faults of the Party rejected nor to the Merits of the Person to be advanced but Exposes the Right of an Innocent to the Figary of an humersom Man Moreover it is a high Point to delegate the Legislative Power in an Instance of that Importance and if allowed would at once destroy all hereditary Right It is necessary therefore that we have recourse to something more solid and which really was the true Reason and it was this That Mary having gained Possession of the Throne in a Hurry by the Surprize and Confusion of the People in general the Easiness and Credulity of the Suffolk-men in particular and the Envy some bore to the Duke of Suffolk and the Malice others entertained against the Duke of Northumberland the Protestants did believe themselves obliged by the Laws of God and Man to obey the Queen de facto and to acquiesce in the Government that was actually over them and therefore the Clergy and the best and holiest of the Protestant Party chose rather to be Refugees and beg their Bread abroad than to be mutinous and disloyal at Home It is not to be doubted but that they did consult and throughly examine both the Laws of God and the Laws of the Land in that Particular and found by both Sanctions that it was not the Duty of the Subject to dispute the Title of the Prince in Possession this were to make the Rabble Judges of the Rights of Princes and to erect a Judicature above the Legislative Power and to introduce an Appeal from the Parliament to the People As to the First viz. The Law of God nothing was more plain than that a Christian peaceable Temper was commanded in General and a Submission to the King de facto in Particular and the Reason is Because the Power that is is of God for Caesar had no Right especially over the Jewish State but both Augustus and Tiberius were Usurpers and yet it was to them that our Saviour and the Apostles preached Obedience and commanded us To render the things that were Caesars And as to the second viz. The Law of the Land it has no regard to any other than the King de facto it is he that is only King within the Statute of Edward the Third of Treasons it is he only that by the Laws of England can grant Pardons Call and Dissolve Parliaments and Confirm their Acts In a Word It is he only that can do all Acts of Government and he is the Person who can and ought to give Protection to the Subjects and consequently is to have Allegiance from them the King de facto can punish Treasons committed against his Predecessor and his Rightful Successor may punish Treasons done against him and the Reason is Because it is the same continuation of the Regal Government and the Person is not regarded in Law any longer than it is cloathed with the Politick Capacity For the Relation that is between King and Subject Protection and Allegiance is reciprocal and the Obligation is mutual as it is betwixt Husband and Wife and therefore whensoever a King totally ceaseth the Exercise of his Royal Office he is dead in his Politick Capacity with which the Relation is and the Subject is at Liberty ad alia vota convolanda to the Successor and whether this happens by Force or Consent is no more to the purpose than it is whether a Man's first Wife was murdered or dyed of a Fever So that it is Plain That Possession of the Throne by the consent of the two Houses of Parliament does give a Right in reference to the Subject and therefore the Words King de jure are but terms of Art as Ens Rationis among the Logicians to signifie an Imaginary Notion they had no other name for and if this were not so there could be no Peace upon Earth since there is not a Crown in Europe to which there are not several plausible Pretenders whose Claims have many warm and furious Abettors and perhaps it would be very difficult for any man to define what Prescription is sufficient to give more Title to a Throne than is gained by the quiet Possession thereof The Case of Henry the Seventh hath been already mentioned wherein the Judges resolved That the Possession of the Crown and of the Regal Government cleared him of all Incapacities Defects and Attainders whatsoever It is necessary to add That the Preservation of the Community is the End and Design of all Laws and that the greatest Solecism that can be in the OEconomy of a Kingdom is to suspend the Government though but for a Moment And in Truth the whole Society would perish by a very short Interval wherein every Man might do what seems good in his own Eyes It is for this Reason there is no interregnum in England And therefore there always is a King to whom the English Subject owes Allegiance exclusively of all others and that can be no other than the King de facto who is trusted by the Law with the executive Power thereof and who alone doth or can give the People actual Protection If it were needful this might be farther urged because every Man is represented in Parliament and their Act is the Act of every individual Person and it is beyond controversie That every one is obliged to obey the Authority himself has owned and consented to And as to the second Objection it is easily answered That Ireland is a subordinate Kingdom to England and part of its Dominions and therefore whoever is King of England is ipso facto King of Ireland as much as of the Isle of Sheppy or of the Isle of Wight and it was so at Common Law and it is explained to be so by the Irish Statute of 28 Hen. 8. cap. 1. wherein it is enacted That the King and his Successors Kings of England shall be Kings of Ireland and that Kingdom is by the same Act united and knit to the Imperial Crown of England And therefore it follows That Ireland must submit to such disposal of the Crown as
to repeal Poyning's Act shall be certified into England until first it be agreed upon by a majority of the Parliament of Ireland IX That the rest of the Kingdom be divided into Shires X. That no Wool Flocks Flax Yarn Sheep-Skins Goat-Skins Calve-Skins or Deer-Skins unwrought nor Beef Tallow Wax or Butter shall be transported until it pay the Custom in the Act mentioned and the petty Duties to Coporations in the Act likewise mentioned on the Penalties therein contained provided Prosecution be made within nine Months after the Offence committed XI An Act for the Impost on Wines XII That the Earl of Kildare's Brother and Sisters be restored in Blood The Parliament was Adjourned to the twelfth of May and then they met and Enacted 1. That Schools be erected in the Shire-Town of every Diocess at the Costs of the whole Diocess by the direction of the Bishop and the Sheriff and the chief Governor shall nominate an English School-master and appoint his Salary whereof the Bishop shall pay one Third and the Clergy the other two Parts the Bishops of Armagh Dublin Meath and Kildare and their Successors shall name English School-Masters for their respective Diocesses 2. That all Exemplifications under the Great Seal and the Seals of the King's Bench Common Pleas and Exchequer subscribed by the Lord Chancellor both Chief Justices and Chief Baron shall be as effectual in all Courts as the Original Record but it must contain a Clause that all those Seals are to it 3. An Act about the Standard of Measures for Corn. 4. An Act impowering the chief Governour and Council to grant Patents to such of the Irish as the Queen shall direct And then the Parliament was Adjourn'd to the fifth of December 13 Eliz. At which Session the Earls of Thomond and Glencar who had reconciled themselves to the State were present and the Parliament made five Acts of no great importance recited in the Statute-Book from pag. 267. to pag. 279. But whilst the Lord Deputy and the Parliament were endeavouring the Prosperity and Peace of Ireland by enacting good and wholsom Laws others were as busie to countermine them and to put all into Disorder and Confusion for some of the looser sort of the Irish Lords were distasted to that degree at the loss of their Captainries and Irish Extortions as also at the Impost on Wine that they resolved by force to rescind those Laws or at least prevent the execution of them and so making Religion their Pretence they confederated together James Fitz-Morris was the Bell-weather of this Flock and the Ringleader of all this Mischief he added to the general Grievances the particular Injuries done to his own Family by the imprisonment of the Earl of Desmond and his Brother Sir John and he inveigled the Earl of Glencar by telling him That the Queen was to be married to the Earl of Leicester and that thereupon the Lord Deputy who married that Earl's Sister was to be King of Ireland and when the Earl of Glencar was once engaged Mac Donogh and many more of the Cartyes came in of course and Fitz Girald commonly called Seneschal of Imokilly was as forward in this Rebellion as any of them and although Sir Edmond Butler who was Seneschal to his brother the Earl of Ormond and consequently hated all the Family of Desmond and had formerly pretended to serve against James Fitz-Morris Yet partly because he did not dare to appear before Commissioners sent by the Lord Deputy to Kilkenny to examine and redress the grievous Complaints made against him and partly for Zeal to the Catholick Cause and Fondness of the Irish Usurpations he sacrificed his private Resentments to the publick Concern and joyned with the rest of the Rebels The Confederates being resolved to make something of this Rebellion if it were possible sent the Titular Bishops of Cashel and Emly Hooker 130. and the youngest Brother of the Earl of Desmond as their Ambassadors to the Pope and the King of Spain to implore Aid and Assistance to rescue their Religion and Country from the Tyranny and Oppression of Queen Elizabeth But the Lord Deputy was not idle but assoon as he had notice of this Confederacy he proclaimed them Traytors and ordered Sir Peter Carew Governor of Leighlin to begin the War which he did and being accompanied by the Captains Malby Gilbert Basnet and others he took Sir Edmund's Castle of Cloghgriman and gave the Spoil to the Soldiers and thence he marched to Kilkenny and upon intelligence that three thousand Men were within three Miles of that City Sir Peter Carew sent Henry Davels to discover them and being satisfied by him that they were not above two thousand he resolved to attack them Captain Gilbert and Davels and twelve more began the Charge which was well seconded by Carew Malby and Basnet and the Success was accordingly four hundred Gallowglasses being slain without the loss of any English Man Captain Malby's Servant only excepted Not long after James Fitz-Morris besieged Kilkenny but both Garrison and Citizens behaved themselves so well that Fitz-Morris was fain to execute his Malice on the Country-Villages and smaller Towns and those he did not spare particularly he robbed old Falco Quiverford of Galan who had been Servant to three Earls of Ormond of two thousand Pounds in Money Plate and Houshold-stuff besides Corn and Cattel Another Party went to the County of Wexford and at a Fair at Iniscorthy committed most vile Outrages ravishing Women and killing or imprisoning every body they met with nor did the Queens County and Ossory fare any better The Lord Power 's Estate and the whole County of Waterford were in the same condition and even the very County of Dublin had its share of Desolation But the Confederates finding no Effects of their former Ambassy sent new Messengers to the Pope and King of Spain and also sollicited Turlogh Lynogh to procure the Aid of the Scots and were so diligent that nothing was left undone that might tend to subvert the Government and clear the Country of all English Men and English Laws The Earl of Ormond then in England troubled at the Disloyalty of his Brethren offered his Service against them and undertook to reclaim them by Perswasion or Force and to that end he arrived at Wexford the fourteenth Day of August being the very Day of the aforesaid Fair at Iniscorthy I should have mentioned That Sir Warham Saint Leger was anno 1566 made President of Munster and now the Lord Deputy having notice that Sir Warham's Lady was in her Husband's absence much distressed at Cork and daily threatned by the Irish he resolved to march that way to relieve her and with six hundred Men only he set out from Kilkenny and came to Clonmel and thence he sent to Waterford for a few Citizens for three days to assist him in his Passage over the Mountains but that City obstinately insisted upon its Privileges and refused to send any Men however Mr. Wise
was not to be given to Irish or Scots The Earl was to be Captain-General for seven years and was to plant his Part as well as the Queen should hers until there should be a thousand English Inhabitants on each Moyety And so being made Earl-Marshal of Ireland he set about the necessary Preparations for his Irish Voyage and to that end borrowed ten thousand Pounds of the Queen on a Mortgage of his Lands in Essex But the Lord Deputy being unwilling to have any body independent on him in that Kingdom especially so great a man cloathed with such a large Authority and accompanied with such considerable Forces gave all the opposition he could to this Noble Undertaking of the Earls until at length this Medium was found out That the Earl of Essex should take a Commission from the Lord Deputy to be Governor of Vlster wherewith both Parties were satisfied or at least they acquiesced in the Expedient In the mean time Mr. Edward Tremain was sent over to the Lord Deputy 1. To know why he desired so earnestly to return to England Lib. c. 2. To enquire what was the yearly Charge of that Kingdom what number of Men in Pay and how disposed of when any were disbanded or dead and when their rooms supplied and how many more there be than was appointed in March was twelve-month 3. To know what has been received of the Impost of Wines since Michaelmas last and what is in Arrear and if he could not discover it then to move the Deputy to certifie the Quantum of each 4. To know of the Deputy and Lord President in what state Munster is and how to be preserv'd 5. To know what is done or intended to be done with Desmond and his Brother John and how their Creditors in England shall be paid 6. To enquire how Connaught stands and how the Castles of Athlone and Roscomon are and the condition of the Earl of Thomond and Clanrickard and his Sons 7. To enquire into the Outrage committed against Sir Barnaby Fitz Patrick and the taking away his Wife and Children and how the Offenders are punished and how the Birns and Cavenaghs stand affected 8. To tell the Deputy that the Earl of Essex with two thousand Men will in August next come to inhabit the forfeited Lands in the Glins Routs and Clandeboy that in the mean time the Deputy guard the Frontiers of the Pale that way and Publish that Essex comes to repel the Scots and not to hurt the Irish 9. To tell the Deputy not to raise more Forces but if his Ormond's and Kildare's Forces are not sufficient against the O Mores and Connors to borrow two or three hundred from Essex for that Expedition and pay them 10. To preserve the Corn c. in the Ardes till Essex comes 11. To know why he gave Commission to Sir John Perrot to sell Marul's Ship wherein was Goods of all Nations The English had a very hopeful Prospect of the Earl of Essex's undertaking in Vlster so that many Persons of Quality and abundance of Gentlemen concerned themselves in the Expedition The Lords Darcy and Rich Sir Henry Knowles and four of his Brothers Michael Carves and his Brother John and Henry William and John three Sons of the Lord Norris and many others accompanied the Earl in this Voyage and they Landed together at Carrigfergus in the latter end of August 1573 and assoon as they Landed Bryan Mac Phelimy waited on the Earl and in most submissive manner tendred his Duty to the Queen and his Service to Essex but assoon as he perceived that the Earl's Forces were not so considerable as was reported he presently apostatized and joyned in Rebellion with Turlogh Lynogh About the same time or rather a year sooner Sir Thomas Smith sent his Natural Son together with one Chatterton to make a Plantation in the Ardes Cambd. Eliz. 190. but young Smith was murdered by Neal Bryan Artho who was afterwards killed by Sir Nicholas Malby and so that Design became unsuccessful and the Earl did not speed much better for after the Expence of much Treasure and a years time he returned to England This year the Money sent by the Queen into Ireland Lib. H. since she came to the Crown was computed and it amounted to four hundred and ninety thousand seven hundred and seventy nine Pounds seven shillings and six pence halfpeny and the Revenue of Ireland in the same period of time came to no more than one hundred and twenty thousand Pounds It is reported of Bryan Mac Fylemy that he had thirty thousand Cows besides other Cattel and it is certain that the Lord Rich within a Month after he came to Ireland returned to England on his private Occasions and Henry Knolls was by Sickness forced to do the like and many others upon frivolous Pretences left the Earl of Essex and went back to England Cambd. Eliz. 202. besides his Soldiers were raw and it was late in the Year and his Commission was not yet sent him being purposely delayed by the Deputy so that all these and some other Difficulties concurr'd to make Essex's Expedition unfortunate Nevertheless he took the Castle of Liffer from Con O Doâ—el and in a Skirmish he killed two hundred Irish and took Bryan Mac Fylemy and his Wife and his Brother Rory Oge Prisoners In the mean time 1574. the Earl of Desmond notwithstanding his Oath to be a true Prisoners made his escape out of the Castle of Dublin whereupon the Deputy marched into Munster to prevent new Coâ—â—â—otions and ordered the Earl of Essex to guard the Borders of Vlster which very much hindred his Progress in building Fortifications in Clandeboy however he obeyed and at length the Earl of Desmond was prevailed upon to reconcile himself to the Government Sir Henry Sydny 1575. Lord Deputy arrived on the twelfth of September and was sworn on the eighteenth at Tredagh to which Place he went directly from the Skyrries because the Plague raged in Dublin It is observable of this great and good man that although he did most excellent Service in Ireland yet he was but ill rewarded for it in England and therefore he was with great difficulty prevailed with to accept the Government this seventh and last time for as he expressed himself in his Letter he cursed hated and detested Ireland above all other Countries not that he had any dislike of the Country but that it was most difficult to do any Service there where a Man must struggle with Famine and Fastnesses inaccessible Bogs and light-footed Tories and yet when these and all other Difficulties were surmounted no Service in the world was less reputed valued or requited than that and it is farther remarkable of him that though he was four times Lord Justice and three times Lord Deputy of Ireland yet he never purchased a Foot of Land in that Kingdom The Lord Deputy's Instructions were to find means to pay the Queens Debts if possible
and to grant Leix and Offaly to English Undertakers Lib. H. and the Queen promised him that besides the Irish Revenue twenty thousand Pounds per annum should be punctally remitted him out of England quarterly And Sydny undertook for that Sum to fortifie Carrigfergus and to build some Bridges and to keep the whole Kingdom in Subjection The Lord Deputy found Vlster in a Flame Surleboy had assaulted Carrigfergus and kill'd Captain Baker and forty Men and though by the Valour of the rest of the Garrison the Scots were repelled and the Prey rescued yet this small Victory gave the Rebels such Reputation that the Lord Deputy found it necessary to leave the Custody of the Pale with certain Gentlemen of Note and to march with his small Army of six hundred Men into Vlster he found all the Country ruined except the Newry where Marshal Bagnal dwelt and the Glins and Routs 〈…〉 which Surleboy and the Scots possest and some part of Killultagh but it happened luckily that Turlogh Lynogh and Surleboy could not agree so that they came to Blows with various and alternate Success Hereupon both Parties address'd themselves to the Lord Deputy who finding Turlogh to be more high and extravagant in his Demands than the other came to an Agreement with Surleboy which was followed by the Submission of Mac Mahon and one of the Macguires And O Donel and the Chief of the Macguires did also by their Letters offer to pay their Rents and Services due to the Queen by former Agreements provided they might be secured under the Queens Protection and be delivered from the Exactions of O Neal. By these Means and the diligent prosecution of the War against him Turlogh Lynogh was reduced to extremity so that first he sent his Wife a well bred Lady Aunt to the Earl of Argile to the Lord Deputy at Armagh who in her Husband's behalf Petitioned him that Turlogh might be Nobilitated and his Estate setled by Law that so for the future he might live in order in the sence of his Duty and Gratitude to her Majesty but whilst these things were under consideration Turlogh himself without any previous Provision for his Security came to the Lord Deputy and submitted simply without Capitulation or Conditions and so having staid two days he had liberty to return home Vlster being thus quieted the Lord Deputy Marched to Dublin and having setled things there he visited Leinster and found the County of Kildare almost waste and the King's County and Queens County groaned under the Tyranny of Rory Oge but by the perswasions of the Earl of Ormond Rory came to the Lord Deputy and publickly made his Submission in the Church of Kilkenny The Lord Deputy was very well received by the Townsmen of Kilkenny and nobly treated by the Earl of Ormond but while he staid there he received the unhappy News of Sir Peter Carew's Death to whose Burial at Waterford on the fifteenth of December the Lord Deputy was invited and went This Sir Peter Carew whose Ancestors had been Marquesses of Cork Lib. F. laid claim to a mighty Estate in Munster being half of the ancient Kingdom of Cork viz. Imokilly Trybarry Muskry Kinalea Trycoursy Carbry Kinalmeaky Collymore Collybeg Ivagh Synnagh O Donovan Wintervary Bantry Bear Clandonough Cleighboigh Iveragh Kirricurry Clanmorris Iraghticonnor Duhallow and Coshbride And he sent his Agent John Hooker to Cork Hooker 13â— where he had a solemn meeting with Mac Carty Riagh Cormock Mac Teige of Muskry Barry Oge O Mahon O Driscoll O Daly and others and they made this Proposal that they would advance three Thousand Kine with Sheep Hogs and Corn proportionable for the present and that if Sir Peter would live amongst them they would annually pay what should be reasonable and to his good liking whereupon Hooker did take a House for Sir Peter at Cork and another at Kingsale but as Sir Peter was going that way he died on his Journey at Ross in the County of Wexford the 27th day of November 1575. The Lord Deputy was magnificently received and treated at Waterford and from thence he marched to Dungarvan where the Earl of Desmond met him and so by easy Journeys they went together to Cork and there he stayed six Weeks during which time the Soldiers for half their Pay had Lodging Diet and Firing to their content and without the grumbling of the Citizens The Earls of Thomond and Glencar and the principal Gentry of the Province came to wait on the Lord Deputy at Cork and there they kept their Christmass and as soon as that was over the Lord Deputy began his Sessions and sat in Court almost every day from the seventh day of January to the one and thirtieth Condom and a younger Son of the Lord Roch were Condemned and though they were Reprieved yet there were twenty three other notorious Malefactors Executed and the better to discover Vagabonds and Tories every Gentlemen was commanded to give in a List of his Dependants and to answer for them and Proclamation was made That every Iâ—ler that was not named in one of those Lists should be punished as a Felon and a Vagabond to which the Irish Lords and Gentlemen gave their Consents with seeming Joy and every one of them gave in Pledges of his Loyalty to the Lord Deputy Whilst the Deputy was at Cork he had information of the Disloyalty of the Seneschal of Imokilly and of the Depredations and Violences he daily committed and thereupon being attended by two Hundred Citizens of Cork besides his own Forces the Deputy marched to Ballymarter and took that strong Castle and had taken Fitz Girald himself but that he narrowly escaped through a Hole in the dead of the Night There was abundance of Victuals found in the Castle besides other things of value but all the Spoil was given to the Soldiers and so a Garrison of twenty Men under Jasper Horsy being left in the Castle the Lord Deputy returned to Cork The Lord Deputy was so well pleased with Sir Cormack Mac Teige of Muscry that he gave him this Character in a Letter of his sent to England That for his Loyalty and Civil disposition he was the rarest Man that ever was born of the Irishy and in another Letter to the Lords of the Council he observes that the Lord Poer lived more plentifully than those that had far more Land and that his barren Land yielded more Rent than the richer soil of Kilkenny and Decyes and the reason was because he kept his Territory in order and free from Idlers and Vagabonds whereas on the contrary the Lord of Decyes was scarce able to subsist because his Country harboured more bad Men than it fed good Cattle From Cork the Deputy went to Limerick where he was entertained with more Pomp than any where else there he kept Sessions and observed the same Methods as he did at Cork and then he marched into Thomond which formerly belonged to the English Lords of Clare
and sixty Horse and thence he went to Connaught to settle the new President Sir Nicholas Malby and so on the sixth of September he came to Dublin and on the fourteenth of the same Month at St. Patrick's Church he surrendred the Sword to Arthur Lord Grey Baron of Wilton Knight of the Garter 1580. Lord Deputy whose Instructions bearing date in July were 1. To observe former Instructions whereof he shall have a Copy 2. To assure the Irish of the Queens Protection and Favour if they deserve it 3. To hinder the Soldier from oppressing the Subject and to notifie this by Proclamation and to punish the Offenders though Captains 4. To shorten the War by effectual Prosecution 5. To continue the Justice of Munster and to encrease his Allowance as you and the Council think fit 6. After All-hollantide to disband as many of the new Soldiers as can be well spared and secure their Arms. 7. Not to grant Pardons and Protections but upon especial reasons and to mention the Crime in the Pardon This Lord Grey before he was sworn viz. in August having notice that one Fitz Girald with his Company which he had in the Quens Pay was revolted to the Lord Baltinglass and being joyned with Pheagh Mac Hugh and other Rebels had secured themselves in the fastnesses of Glendilogh in the County of Wicklow and did daily encrease both in number and mischief ordered a smart Party to attack them Cosby an experienced Soldier disswaded the Attempt but having positive Orders the Foot entred the Glins whilst the Lord Grey with the Horse scowred the Plains but the Rebels being well acquainted with these Woods Camb. Eliz. 241. laid their Ambushes so cunningly that the English could neither fight in that divelish place nor retire out of it Courage could but little avail them whilst being mired in the Bogs they were forced to stand still like Butts to be shot at Discipline or Conduct were of no use in that place where it could not be practised in short the English were defeated and the whole Company slain except some few that were rescued by the Horsemen August 25. and amongst the rest Sir Peter Carew Collonel Moor and the valiant Captains Audely and Cosby were killed in this unfortunate Conflict About the latter end of September seven hundred Spaniards and Italians under the Command of San Joseph an Italian landed at Smerwick in Kerry being sent by the Pope and King of Spain to propagate Catholick Religion in Ireland they immediately built a Fort and called it Fort del ore and they fortified and furnished it the best they could having brought with them Money and Ammunition and Arms enough for five thousand Men. Ormond encamped at Traley and the next day marched toward the Fort which the Spaniards deserted and retired to the fastness of Glanigall Cambd. Eliz. 242. but finding the English Army was small three hundred of them went to their Fort again and the next day sallied on the English who came to view the Fort whereupon Ormond finding he was not sufficiently provided with Artillery and other Necessaries retired to Rakele where he met the Lord Deputy The Deputy accompanied with the Captains Zouch Rawleigh Denny Macworth c. and about eight hundred Men discamped from Rakele and marched towards the Enemy but Captain Rawleigh well knowing the Customs of the Irish stayed some hours behind in Ambush till several Kearns came into the forsaken Camp as they were accustomed to scrape up what was left-behind but he surprized them all and punished them according to their Deserts Now was Sir William Winter return'd with his Fleet out of England so that he by Sea and the Lord Deputy by Land laid close Siege to the Fort having first summoned it and received for Answer That they held it for the Pope and the King of Spain to whom the Pope had given the Kingdom of Ireland and not long after the Spaniards made a Sally which was well received by Captain Denny and the Assailants were forced to retire That Night the English raised a Battery with great dexterity Cambd. Eliz. 242. which was ready by Break of Day nevertheless the Spaniards made a Sally but very faintly and without effect nor did they do any thing the third Day worthy their Reputation and on the fourth Day being close pressed from Land and Sea and all Conditions refused they yielded at Mercy which was too sparingly extended to them every one being put to death except the Commanders which very much displeased the Queen although there was a necessity for it by reason of the paucity of the English Army and the number of the Rebels approaching Sir John Fitz-Girald Lord of the Decies being a Prisoner to the Earl of Desmond was here found and set at Liberty the Fort was razed and the Army dispersed into Garrisons the Lord Deputy returned to Dingle where Ormond met him with Supplies and there Captain Zouch with four hundred and fifty Men was left Governor of Kerry and Desmond and had all the Victuals given him that were found in the Fort and then the Deputy returned to Limerick Now came out of England six new Companies under Barkley Cruse and others whereof Barkly and two hundred Men were placed at Askeaton and the rest were sent into Connaught where the Mac an Earla's or Clanrickard's Sons began to be unruly as the Lord Baltinglass and his Complices were in Leinster The Deputy having left Ormond Governor of Munster returned to Dublin where he took care of the other Provinces and being supplied with an hundred and fifty Horse out of England which were set out by the English Clergy under the Command of William Russel Son to the Earl of Bedford and Bryan Fitz-Williams he committed to the Custody of Wingfield Master of the Ordnance the Earl of Kildare and his Son in Law the Lord Delvin who were suspected to favour the Leinster Rebels whereupon the Lord Henry Fitz-Girald retired into Ophalia and was detained by the O Connors till the Deputy sent Ormond and several Persons of Quality for him to whom after much ado he was delivered and with his Father sent into England together with the said Baron of Delvin There was certainly a Plot to surprize the Lord Deputy Camb. Eliz. 257. and to seize on the Castle of Dublin Sullevan 93 and to Massacre the English and John Nogent one of the Barons of the Exchequer and others were Executed for it but whether they were guilty or not I leave as I found it doubtful however it seems that this severity frightned Thurlogh Lynogh O More O Brine and the Cavenaghs into a Submission In the mean time Captain Raleigh went to Dublin to complain of the Barryes and Condons Hooker 173. and obtained a Commission to seize upon Barryescourt and the rest of Barryes Estate and had some Horsemen added to his Company to enable him thereunto but Barry had notice of it and to prevent him Burned
per annum and to find 200 Foot and 40 Horse armed at all Hostings in Twomond and 15 Horse and 50 Foot at all General Hostings with Carriages and Victuals and that all Irish Titles and Tenures should be abolish'd Mac William Eighter's Countrey was divided into five Proprieties and a certain Rent and Tenure was established between Lord and Tenant and the Province formerly divided into the six Counties of Clare Galway Sligo Mayo Leitrim and Roscomon had Sheriffs and other proper Officers settled in it for which the Lords and Gentlemen of Connaugh sent a Letter of Thanks to the Lord Deputy acknowledging the Quiet and Advantage they enjoyed by means of the foresaid Composition One Dennis O Raughan a Priest and Henry Bird Register to the high Commission Court contrived arrogant Warrants in the Deputy's Name importing a General Pardon to all Priests for all Offences in such a style as if the Deputy had been King of Ireland and though Bird afterwards confessed that he wrote the Warrants which were found in Raughan's Pocket yet was this wicked Priest one of the fatal Witnesses against the Deputy whereof he repented on his Death-bed Nay so unfortunate was this brave man that even his own Secretary John Williams betrayed him and discovered his Secrets but the Queen abhorr'd the Practice so that it rather served to discover his Adversaries malice than to doe him any harm But nothing is more remarkable than that Hugh Baron of of Dungannon who even since the beginning of Desmonds Rebellion had a Pension of 100 Marks per annum and a Troup of Horse in the Queens pay went to England and advised the Queen to suppress the Name and Authority of O Neal nor was the depth of his Hypocrisie discovered untill this very ungreatefull Rebel though the Son of a known Bastard did afterwards assume the Name of O Neal and therewith he was so elevated that he would often boast that he would rather be O Neal of Vlster than King of Spain But the Queen who thought him sincere and loyal did not only create him Earl of Tyrone but also granted him the whole County of Tyrone discharg'd of the chief Rent he had formerly promised to the Deputy on condition nevertheless that he should disclaim any right or superiority over the rest of Vlster and should provide for Turlogh and the Sons of Shan O Neale Morison 8. and a place for a Garison or two was also reserv'd and by the reputation of this Patent Cambden 122. and the Queens Favour the old Turlogh Lynogh was necessitated to quit Tyrone to this fortunate Spark But Secretary Fenton who was one of the best Servitors the Queen had in Ireland and much confided in by her Majesty or as others word it was a Moth in the Garments of all the Deputies of his time was frequently as at this time sent for into England to inform the Queen of the true state of that Kingdom What discovery he made of the miscarriages of the Government I do not find but they may be easily traced from the instructions he carried back which bore date in December 1585. and were to this effect That the Lord Deputy and the late Justices and Officers of the Exchequer should answer 1. What became of the Fines Recognizances Forfeitures Wards Marriages and Reliefs belonging to her Majesty and of what value they were since March 1579 and by whose Warrants were they respectively given pardoned or disposed of 2. What Leases have been made of the Crown Lands in that time with or without Fine and what Fine what Rent 3. What Debts were due to the Queen at Michaelmas 1579. or since and by whose fault they remain unlevied 4. That the faulty Officers may be suspended and the rrecoverable Debts immediately levied and a List of the desperate Debts returned 5. What Debts have been remitted on account of the Land being wasted and what Proof there was of such waste 6. What Profits and Casualties have been answered on Sheriffs Accounts since Michaelmas 1579. and what Summes have been by Warrants call'd Mandamus divided amongst the Barons and Officers of the Exchequer 7. What Fines Amerciaments Recognizances or Forfeitures have any Corporations taken to their own use in that time on pretence of their Charters and what right have they thereunto because without express words in the Charter those Recognizances and Profits do not pass nor can they have the Fines of any Offence made so by Parliament since their Charter 8. What new Offices or increase of Fees and by whose Warrant and that they be suspended till farther Order 9. What Allowance for Diet or Attendence hath been given to Commissioners for taking Accompts 10. Whether some Irish men did not surrender the Queens Land with their own and had a Re-grant of both and on what reservation how many such Grants have not been certified into the Exchequer not put in charge and what rents are due upon Grants 11. What part of the 1000 l. per an payable by composition for discharge of the Bonnaugh the Gallowglasses were to have on the Country is in Arrears and whether there be not a new charge of 2 or 300 l. per annum to the Captains of the Gallow-glasses and what service have they done for it 12. What Seneschalships Captainries or Governments of Countreys have been granted without the usual reservations and what were the ancient reservations and to grant no more without Order 13. Why the extraordinary Garisons put in time of Rebellion into Castles c. are continued and to what number and to discharge as many as can be reasonably spared 14. What Officers are paid with Sterling instead of Irish Money and to what loss to the Queen and by whose Warrant 15. What forfeited Lands or Chattels in Munster have been granted or let and by whose Warrants what profits are paid or due for the same and that no more be disposed of till her Majesties farther Order 16. What Money hath been paid for keeping Boats on the Shenin and out of what Fund and when did that charge cease Besides these he had other Instructions to communicate to the Deputy 15 Feb. 1585. viz. 1. That since the Kingdom was in peace some of the Army being 1900 strong might be discharged 2. That the Deputy should certifie whether it were better to give the Soldiers Sterling Pay and no Victuals in which case he is to take nothing from the Countrey without payment at such reasonable rate as the as the Government shall assess or to continue Victuals and the old Irish Pay for the Queen will no longer allow both Victuals and the encreased Pay 3. That the Contribution of 2100 li. per annum in lieu of Cess Purveyance c. be revived and accordingly on the 15th of May 1586. this was done by the consent of the Countrey who agreed also to pay all the arrearages of that composition 4. That Captain Thomas Norris be made Vice-president of Munster with all the
in many other high Regards 't is Expedition alone that can answer the Anxieties which England must be in for Your Majesty's Absence And seeing Your Majesty will leave behind that Great Pledge Your Royal Consort and our most Gracious Queen Your Majesty will not want Your own Anxieties also for a speedy Return But that it may be with such Laurels as may bring Terror to France with Triumph to Your own Kingdoms and a happy Restitution of Your poor Protestant Subjects of Ireland to their Native Homes is the most fervent Prayer of GREAT SIR Your Majesty's most Dutiful most Loyal and most Devoted Subject and Servant R. COX TO THE READER YOU have here a History of great Variety and much Intrigue It takes in a large Space of Time of above Fifty Years and begins at the End of one War and ends with the Close of another The long Interval between these Two Periods being almost Forty years was spent in a profound Peace the short Commotion of O Dogharty only excepted and in promoting all those Blessings of Plenty and Good Laws which the Industry of the English could accomplish But the subsequent Part of the Time was according to Bishop Usher's Prophetical Sermon Preach'd Anno 1601. turn'd into a Scene of Blood Treachery and Desolation which overturned all The Roots of that so great Cruelty and Universal Defection are already hinted at in the Preface of my Former Part by those Differences there set forth of Nation Interest and Religion Upon King James his Accession to the Crown the Irish were surfeited with War so that all things in that Kingdom had a tendency to Peace And tho' a Rumor spread abroad and believ'd by the Irish That the King was of their Religion put some of the principal Towns into a Commotion yet the Diligence and Expedition of the Lord Deputy did soon appease that Storm and reduce the Disobedient to their Duty And tho' the natural Inclination of that King to Peace was a great Temptation to the Irish to try their Fortune with him in a War and accordingly the Lords Tyrone and Tyrconell and Sir Cahir O Dogharty attempted it yet the Rebels were always baffled in their Undertakings by the Diligence Wisdom and Courage of those to whom the King entrusted his Irish Affairs And indeed both King James the First and King Charles the First did take a particular Care to put the Government of Ireland into such Hands as were worthy of it and underwent the Administration thereof with Advantage to that Kingdom and Honor to themselves The First was the Lord Montjoy whom King James found Deputy and soon after made Lord Lieutenant This Lord was thought in England to be a better Courtier than a Soldier but when he came to Ireland he proved the best Soldier that Kingdom had seen in many Years It was he that found out the true Way of making War with the Irish For being well supplied with Necessaries from England he plainly saw that if he could attack them at a time when they wanted all Conveniences to keep the Field he could meet with very little or no Resistance and therefore he supplied his Frontier Garisons with Men and Provisions and they by their frequent Excursions did such Execution on the Persons and Estates of the Irish that by One Winters War he reduc'd them to the Necessity of eating one another and forced their Ringleader the Earl of Tyrone to submit to his Mercy and so made an end of that Rebellion His Successor or rather Deputy Sir George Cary was Treasurer at Wars and a worthy Gentleman but nothing of extraordinary moment hapned during his Government The next was Sir Arthur Chichester afterwards Lord of Belfast one well experienc'd in the Affairs of Ireland whereof he held the Chief Government for Eleven Years He was a good Soldier and a true Englishman and did Three great Things towards a Reformation The First was his Management of the most stubborn Parliament that ever was in that Kingdom which nevertheless he prevail'd with to Attaint the Earls of Tyrone and Tyrconell Sir Cahir O Dogharty and others and to make an Act of Recognition and to give the King a Subsidy And the Second was the Plantation of the Forfeitâ—d Estates in Ulster which he very much influenc'd and promoted And the Third was the Reviving and Restoring the Circuits for Judges of Assize in both the Provinces of Conaught and Munster The Lords Justices Doctor Jones Archbishop of Dublin and Lord Chancellor and Sir Richard Wingfield were Men Famous in their respective Faculties and are Founders of the Noble Families of the Earl of Ranelagh and Viscount Powerscourt And Sir John Denham Lord Chief Justice was not less Renowned than either of Them by reason of his great Learning in his Profession to which the Crown owes the first Advancement of that Considerable Branch of the Revenue arising by the Customs in Ireland The next Lord Deputy was Sir Oliver Saint John afterwards Viscount Grandison a Person Nobly descended and of a generous Temper He had given great Proof of his Courage and Conduct at the Battel of Kinsale and was not inferior to any of his Predecessors in a sincere Concern for the Protestant Religion and the Good of the Kingdom but he hapned in an ill time as did also his Successor the Worthy Lord Falkland whilst the Spanish Match was in agitation So that both these brave Men by the Clamour of the Irish and the prevailing Power of their Popish Enemies came away in Disgrace But their Innocence being afterwards vindicated as it was this Affront was in some measure atton'd for by the subsequent Favour of the King The Lords Justices that received the Sword from the Lord Falkland were the Viscount Loftus of Ely Lord Chancellor one of great Parts and Merit and the Noble Earl of Cork Lord High Treasurer who was one of the most extraordinary Persons either That or any other Age hath produced with respect to the great and just Acquisitions of Estate that he made and the Publick Works that he began and finished for the advancement of the English Interest and the Protestant Religion in Ireland as Churches Alms-Houses Free-Schools Bridges Castles and * Lismore Tallow Cloghnakilty Iniâ—keen Castletown Bandon which last Place cost him 14000 l. Townsâ— Insomuch that when Cromwel saw these prodigious Improvements which he little expected to find in Ireland he declared That if there had been an Earl of Cork in every Province it would have been impossible for the Irish to have rais'd a Rebellion And whilst he was carrying on these solid Works he lived in his Family at a Rate of Plenty that exceeded those who consumed great Estates in the lavish ways of ill-ordered Excess His †God's Providence is my Inheritance Motto shews from whence he derived all his Blessings the greatest of which was the Numerous and Noble * Earl of Burlington and Cork Viscount Kinalmeky Earl of Orrery Viscount Shannon Robert
Parliament in Ireland till the Eleventh Year of this King's Reign Sullivan 211. and that Sullivan himself brings this very Neal Garuff on the English side again Anno 1608. But to proceed Sir ARTHUR CHICHESTER was sworn Lord Deputy on the Third of February 1604. and soon after establish'd a new Circuit for Judges of Assize for the Province of Connagh 1604. and retrived the Circuit of Munster Davis 265. which had been discontinued for Two hundred Years It must be observed That until this time the Papists generally did come to Church and were called Churchâ—Papists but now the Priests began to be seditious and did not only scandalize the Publick Administration of Affairs but also took upon them to review and decide some Causes that had been determin'd in the King's Courts and to oblige their Votaries on pain of Damnation to obey their Decision and not that of the Law they did also forbid the People to frequent the Protestant Churches and they publickly rebuilt Churches for themselves and erected or repaired Abbies and Monasteries in several Parts of the Kingdom and particularly at Multifernam in the County of Westmeath Killconell in the County of Gallway Rossariell in the County of Mayo Buttivant Kilkrea and Timoleague in the County of Cork Quin in the County of Clare Garinlogh in Desmond and in the Cities of Waterford and Kilkenny Sullivan 206. Intending says Mr. Sullivan to restore the Splendor of Religion And as many as pleased sent their Children to Foreign Seminaries without control And perhaps all this might have passed if they had not as foolishly as impudently publish'd every where and in all Companies That the King was of their Religionâ— 1605. But then the Government was necessarily obliged for the Vindication of his Majesty and to prevent the Growth of Popery and suppress the Insolence of the Papists to publish a Proclamation on the Fourth of July 1605. commanding the Popish Clergy to depart the Kingdom before the Tenth of December following unless they would conform to the Laws of the Land But this Proclamation being too faintly executed as Laws against Popery have hitherto always been produced more Noise than Effect so that it did little service in Ireland and yet furnished the Irish Papists with matter of Complaint beyond Seas where they usually make a great Clamour for a small Matter But on the Fifth of November was discovered the Damnable Popish Plot well known in England by the Name of The Gunpowder Treason the Design of it was to blow up at once the King the Nobility and the Principal Gentry of that Kingdom then assembled in Parliament The Papists did for some time with great Artifice and Confidence impose upon the World that this was a Plot of Cecill's making but finding at length that that Cobweb Pretence was too thin and was easily seen through they laid the blame upon a few desperate Villains as they always do when the Fact is too notorious to be denied But now that Matter is pretty well setled by the Confession of * Wilson Hist of K. James p. 32. Weston of the Earl of Castlehaven the Lord Stafford and Peter Walsh This Year the barbarous Customs of Tanistry and Gavelkind were abolish'd by Judgment in the King's Bench Davis's Reports and the Irish Estates thereby made descendible according to the Course of the Common Law of England and the City of Cork and the Liberties thereof were separated from the County of Cork and made a distinct County of it self reserving nevertheless Places in the City for a Gaol and a Court-house for the County at large In the Year One thousand six hundred and six 1606. the famous Robert Lalor Vicar-General of Dublin and other Diocesses in Leinster for disobedience to the aforesaid Prolamation was apprehended in the City of Dublin it being the Custom of these Ecclesiastical Spies to lurk about the Metropolis of every Kingdom he was in Michaelmaâ— Term indicted upon the Statute of 2 Eliz. cap. 1. for advancing and upholding Foreign Jurisdiction within this Realm but he humbled himself to the Court and voluntarily and upon Oath on 22d December 1606. made a Recognition in haec verba First He doth acknowledge that he is not a lawful Vicar General in the Diocess of Dublin Kildare and Fernes and thinketh in his Conscience that he cannot lawfully take upon him the said Office Item He doth acknowledge our Soveraign Lord King James Davis Rep. 83. that now is to be his Lawful Chief and Supream Governor in all Causes as well Ecclesiastical as Civil and that he is bound in Conscince to obey him in all the said Causes and that neither the Pope nor any other Foreign Prelate Prince or Potentate hath any Power to controll the King in any â—ause Ecclesiastical or Civil within this Kingdom or any of his Majesties Dominions Item He doth in his Conscience believe that all Bishops ordained and made by the Kings Authority within any of his Dominions are lawful Bishops and that no Bishop made by the Pope or by any Authority derived from the Pope within the Kings Dominions hath any Power or Authority to impugne disannul or controll any Act done by any Bishop made by his Majesties Authority as aforesaid Item He professeth himself willing and ready to obey the King as a good and obedient Subject ought to do in all his lawful Commandments either concerning his Function of Priesthood or any other Duty belonging to a good Subject Upon this Confession he was indulged with more Liberty and the free Access of his Friends and would undoubtedly have been enlarged the next Term if he had not privately denied what he had publickly done protesting that his Confession did not extend to the Kings Authority in Spiritual Causes but in Temporal only this being told to the Lord Deputy it was resolved to try him upon the Statute of 16. R. 7. cap. 5. of Premunire and it was discreetly done rather to Indite him upon that than upon any new Statute made since the Reformation Davis Rep. 85. that the Irish might be convinc'd That even Popish Kings and Parliaments thought the Pope an Usurper of those exorbitant Jurisdictions he claim'd and thought it inconsistent with the Loyalty of a good Subject to uphold or advance his unjust and unreasonable Incroachments on the Prerogative of the King and the Priviledge of the Subject which tended to nothing less then to make our Kings his Lacquies our Nobles his Vassals and our Commons his Slaves and Villains Upon this Indictment he was tryed and found Guilty and upon his Tryal his aforesaid Recognition which he made upon Oath was publickly read which netled him exceedingly and the rather because he was asked whether he had not denied this Confession to some of his Friends to which he answered that he had not but only told some of them that he had not own'd the Kings Supremacy in Spiritual Causes which he said was true for the word
more than 50. There were a great many Projects in England for the Plantation of Ulster 1610. but many things that seem'd speclous in the Theory were afterwards found disadvantageous or impracticable Sir Francis Bacon's Notion was signified by his Letter to the King and is to be found in his Reâ—â—scitatio pag. 255. but it is not so exact as rest of that Great Man's Works However the Lands designed for the Undertakers were this Year disposed to them and two Books of Articles were printed for their better direction and it was particularly mention'd in their Agreements That they should not suffer any Labourer that would not take the Oath of Supremacy to dwell upon their Lands But the incomparable City of London was the Soul and Life of the intended Plantation and therefore the Lords of the Council in his Majesty's behalf entred into Articles with that City the Twenty eighth day of January 1609. to this effect First That Twenty thousand Pounds be levied by the City Fifteen thousand Pounds of it to be expended in the Plantation and Five thousand Pounds in clearing and buying Private Titles Secondly That Two hundred Houses be built at Derry and room for Three hundred more and Four thousand Acres profitable Land to be laid thereto and that the Bishop and Dean shall have convenient Plots for their Houses Thirdly That a hundred Houses be erected in Colerain and room for Two hundred more and Three thousand Acres to be annexed thereto and the King to maintain a Bridge for ever Fourthly That the whole County of Colerain be cleared by the City from all Claims except three or Four Irish Free-holders and the Bishop and Dean of Derry and the City to have the whole Territories of Glancanken and Killetragh and the Patronage of Churches Fifthly That the aforesaid Four thousand and three thousand Acres pay a Fee-farm Rent of Fifty three Shillings and four Pence and be held in Free Burgage and all the rest in Common Socage Sixthly That the City shall have all Customs Tonnage Poundage c. for Ninety nine Years at Six shillings eight pence per Ann. and the Fishing of the Ban and Laghfoyl as far as it ebbs Seventhly The City to have liberty to transport Prohibited Goods growing on their own Lands and the Office of Admiralty in the Counties of Tyrconell and Colerain Eighthly That no Flax Hemp Yarn or Raw Hides be transported from Derry or Colerain without Licence of the City-Officers Ninthly That their Land be freed from all Patents of Privilege and all Compositions and Taxes Tenthly That they have the Castle of Culmore keeping a Ward in it Eleventhly That the Liberties of each Town shall extend three Miles each way and shall have such farther Liberties as shall be thought fit on view of the Charters of London Cinque-Ports Newcastle and Dublin Lastly That the King shall keep necessary Forces a convenient time and that the City shall have Seven years to make demand of any thing reasonable and necessary which cannot be now foreseen and that an Act of Parliament shall pass to ratifie these Articles and the City to build sixty Houses in Derry and forty in Colerain with sufficient Fortifications by November next and to finish all by November 1611. But afterwards on the Twenty eighth of March 1611. the Londoners finding that they could not possibly accomplish their Undertaking within the appointed time petitioned the King that they might be permitted to proceed in their Buildings at Colerain and leave alone Derry till the next Year which was granted provided they would finish Colerain that Summer and fortifie or rather inclose Derry It seems the King and Council of England resolved to proceed effectually to the Reformation of Ireland by making Laws and by putting those that were made in execution and by putting that Kingdom under a regular and methodical Government and in order to it on the twenty fourth day of June 1611. the Lord Carew was sent Commissioner to Ireland to inspect Affairs there and to endeavor to lessen the Publick Charge and to inhance the King's Revenue and to provide for a Parliament He had Five Pounds a day allow'd him from the twentieth of May and Four hundred Pounds Imprest he received in England and was to sign next to the Deputy all Orders of Council-board And tho' the Lord Deputy complain'd that the Forts of Halbowling Castle-ni-park Duncannon Gallway and the Castle of Limrick were not finish'd and repair'd and that the Londoners did not proceed to build at Derry tho' they did at Colerain and that it was necessary to keep a considerable Force in the Kingdom nevertheless the Lord Carew and Council did proceed to lessen the King's Charge 13893 l. by reforming the Army which they reduc'd to 176 Horse 1450 Foot and 123 Warders contrary to the Deputy's Opinion who was therefore traduc'd as partial to Military Men and it seems that immediately the Fort of Castle-ni-park that is the Stone-work of it was built and afterwards a Blockhouse was also erected down lower and almost level with the Water and they also setled the Customs in all parts of the Realm On the thirteenth of July 161â— the former Proclamation of the fourth of July 1605. against Titular Bishops Jesuits Friars c. was reviv'd but so faintly executed that I find mention only of the Titular Bishop of Down and four Friars to have been apprehended thereupon There were also Orders issued to tender the Oath of Supremacy to all Magistrates Justices of the Peace and other Officers and to displace those that would not take it And in August there was an Inquisition by Jury to discover the Breaches of Articles made by the Planters and Undertakers in Munster and particularly Whether any Irish contrary to the Plantation-Covenants were permitted to inhabit or dwell on the Lands granted to the Undertakers Moreover there was a general Muster of the Signiory-men or English Inhabitants on the Plantation-Lands at which no body was found so well supplied with British Tenants as Sir Richard Boyle afterwards Earl of Cork for there were mustered of his own Tenants at Tallow Eighty Horsemen One hundred eighty six Pikemen Two hundred and fifty Shot and Six Halberdiers It is observed That all the Goods and Merchandizes exported and imported this Year did not exceed the Value of 211000 l. and before this time there was so little Foreign-Trade that Seven Years Customs probably from the beginning of the King's Reign to April 1609. did amount to no more in the several Ports than as followeth viz. Â l. s. d. Seven Years Customs in Wexford 36 08 10 Ross 53 10 09 Drogheda 215 02 08 Carigfergus 399 06 07 Youghall 70 00 00 Kingsale 18 02 03 Derry Ballyshanon 35 03 10 Cork 255 11 07 Dingle 01 06 06 Waterford 716 03 07 Dublin 1890 02 01 Dundalk 65 19 06 Gallway 72 17 06 Limrick 141 09 06 Dungarvan 00 13 11 But it seems that this was only the Custom of Prohibited Goods and the
even to intimate some Menaces of Rebellion and in a manner delineated and discrib'd how it would be Imanaged And the same day the Papists of the House of Commons did likewise write to the Lords of the Council in England about the new Corporations and the wrong done their Speaker Everard and they exaggerated their Complaints to that degree as if their Extremities and Sufferings were so strange and so intolerable that they wanted Words to express or Patience to bear them and they laid all the blame on the Principal Officers and Counsellors of State And on the twentieth of May the same Men petition'd the Lord Deputy to dispence with their Attendance in the House of Commons because they were afraid of their Lives and they desir'd he would shew them by what Authority those sat in the House that were now in possession of it and they demanded to have a sight of the King's Letters the Grants and Charters of the New Corporations and of the Returns of Elections And the next day being the 21th of May they petition'd the Lord Deputy again importing That if they might be secure of their Lives and have the Benefit of the Law and that the Returns may be rectified that then they would repair to the House and present the Speaker All which the Lord Deputy granted and promis'd and thinking that they sincerely meant as they spoke his Excellency went to the Upper House in expectation that they would joyn with the rest of the Lower House and attend him with the Speaker But in stead of that on the same day they petition'd again That the new Burgesses might be first excluded and not admitted into the House till their Case was debated and determin'd altho they well enough knew that what they propos'd was unpracticable until first a Speaker was setled But their Business was to baffle and avoid this Parliament if possible to effect which they little matter'd what vain Pretences they made use of And therefore tho the Lords had nothing to do with the Lower House yet to make a Clamour as if they had been wonderfully abus'd they also petition'd the Lord Deputy the same 21th of May to the effect aforesaid and in their Petition asserted That the Lord Deputy's Commission did not authorize him to make New Corporations and concluded with a Request to be excused from attending the Parliament and to have leave to wait on the King in England The Deputy told them That the Affairs of the Lower House did not concern them and therefore commanded them to attend their own House and to proceed in a Parliamentary way to the Business of the King and Kingdom But they persisted in their Obstinacy and on the 23th of May they sent him a Writing in the Form of a Petition whereby they positively refus'd to come to Parliament until the King should take some better order to settle Matters as to the Lower House for tho the Houses were distinct yet they made but One Body and were but One Parliament and they protested against all Laws that should be made in their absence and that if any be made the Subjects will reject them as disorderly and unjustly enactedâ— And this was followed with a Petition of the Commons on the 25th of May wherein in a very sawcy and undutiful manner they pressed the Lord Deputy for a sight of the King's Letters about the New Corporations and for their Charters and the Returns of all the Elections and for a Copy of his Commission to hold that Parliament and for License to send Agents to England to acquaint the King with their Complaints Nevertheless the Lord Deputy by Proclamation commanded them to their respective Parliament houses to pass the Act of Recognition of his Majesty's Title assuring them that no other Bill should be read that Session And he also sent a Messenger to every Lord particularly to Summon him to attend the House But the Commons were so far from complying that on the same day viz. the 26th of May. they presented him with a Petition Recognizing the King's Title but utterly refusing to sit in the House unless their Speaker Everard might be approved and the new Burgesses rejected And the next day the Lords did in like manner by Letter Recognize the King's Title but refus'd to come to their House until the Affairs of the Lower House were rectified and setled Nevertheless both the Popish Lords and Commons had such a great Attendance and there was so great a Concourse at Dublin from all parts of the Kingdom which probably did wait but for some Pretence to be in Action that the Government did not think fit to imprison any of the Mutineers but took a wiser Course by adjourning the Parliament that so his Majesty's Pleasure might be farther known The Recusants lost no time but sent over Agents to the King and levied a Tax upon the People to bear their Charges altho' the Deputy publish'd a Proclamation to prohibit any body to contribute to the Charge of the Agents or to levy any Tax for that purpose and assur'd the People that the Agents went over for their own private Business or Caprichio and not for the Publick Good Nevertheless it appears by the Examination of John O Drea and Donough O Drea Lib. T. T. 175. taken upon Oath before Sir Lawrence Parsons that the Tax levied by the Priests and Jesuits for these Agents was Two shillings of a Yeoman and Five shillings of a Gentleman and that the Lords Barry Roch and others carried Priests and other Firebrands of Sedition with them to the Parliament at Dublin to instruct them how to behave themselves there and that there was a Dispensation brought over from the Pope by Fryar Thomas Fitzgirald unto the whole Kingdom of Ireland or rather all the Papists in it authorizing them to forswear themselves in all Matters moved unto them by the Protestants provided they do it equivocally Ita quod interna mentâ— secus opinentur and that the Deponent saw and read it It seems that the King who was of a peaceable temper and to save Charges had improvidently reduced the Irish Army to Seventeen hundred thirty five Foot and Two hundred and twelve Horse was willing to end this Matter in the mildest manner he could and received the Irish Agents kindly and the better to inform himself in this Affair he sent for the Lord Deputy into England and order'd him to substitute Lords Justices Doctor THOMAS JONES Lord Chancellor Sir RICHARD WINGFIELD Marshal who were sworn the Fourth of March 1613. 1613. They had little to do in Ireland because by the Presence of the Lord Deputy and the Irish Agents in England that Kingdom was become the Scene of Irish Affairs which were so well managed by the Lord Deputy that the King was fully convinc'd of the Seditious Designs of the Irish and therefore on the 21th day of April at the Council-Tale at Whitehall he made the following Speech before the Irish
Displeasure resolv'd to send them into Ireland and therefore a Commission under the Great Seal of England was directed to Sir Dudly Digs Rushworth 55. Sir Thomas Crew Sir Nathaniel Rich and Sir James Perrot and others to inquire of sundry Matters concerning his Majesties Service in Ireland as well in Point of Government Ecclesiastical and Civil as of Revenue and to inspect the State of the Kingdom and propagate Religion settle the Government and improve the Exchequer The Pretence of this Commission was the many Complaints of the Irish against the Lord Deputy not that there was any just occasion for those Accusations but that it is always their Custom to complain of any Governour That is a good Protestant and a good Englishman as this Lord Deputy was in perfection and is therefore to the last Degree hated and scandaliz'd by the Irish Papists and it is no wonder it should be so for their Interests are Diametrically opposite to that of an English Protestant and therefore it does necessarily follow that whoever Is faithful to the English will be odious to the Irish and subject to their Clamours and Contempts However the Lord Deputy was not wanting to his own Vindication and therefore wrote to the King that he met a Cloud of malicious Enemies instead of good Subjects and that even some of the Privy Council were Spies upon him and took occasions to lessen him tho' they had no other Provocation for doing so but his Examination of a certain Patent according to his Majesties special Order and his righting the Church against their Depredations And tho' the King in Answer August 1621. assur'd him That his Reputation stood without blemish and that his Majesty had sent him some Propositions which he was ordered to observe yet the Deputies Enemies not only prevail'd to have the aforesaid Commission of inspection issued but having gain'd that Point they urged that the Commission could not have any considerable Effect whilst the Lord Deputy continued in the Government and therefore procured that a Successor should be nam'd and that being also accomplish'd in the Choice of the Lord Viscount Falkland The Lords of the Council on 25th of January did advise the King by Letter to re-call the Lord Deputy immediately and to appoint Justices till the new Deputy could go over but the King from Nâ—wmarket on the 28th of January Answers That it were dishonourable to serve one in that eminent Station so unkindly without a Crime and that the new Deputy will be there before the Commissioners can be ready to enter on Business and with his own Hand adds this Postscript It was never wont to be my Fashion to disgrace any Ancient Minister of mine before he were heard To this the Lords of the Council on the Tenth of February reply That they design no Disgrace to the Lord Deputy nor do propose but what is usual and what was done on the removal of the Lord Chichester The King answer'd again That it was so done in the Case of the Lord Chichester because he had not resolv'd who should be the Successor However the Lords of the Council prevail'd and tho' the Lord Deputy did on the Ninth of February 1621. write to the Duke of Buckingham That he is content Publick Proclamation should be made That if he had done any wrong he might suffer for it so confident he was of his Innocency yet he suspected the Design of the intended Commission was to scandalize him and to that end the Commissioners were partial and therefore desires that iâ— the Bent of that Commission be against him then indifferent Men should be employ'd and if only Publick Good were design'd by it that then he might be one of the Commissioners yet he could not prevail in any of his Requests but was in May following remov'd tho' he was afterwards found not only Innocent but so deserving that he was soon after his Return created Viscount Grandison of Limbrick in Ireland Baron Trogose of Highworth in England Lord High Treasurer of Ireland and Privy-Counsellor of both Kingdoms ADAM LOFTUS Viscount ELY 1622. Lord Chancellor RICHARD WINGFIELD Viscount POWERSCOURT were sworn Lords Justices on the Fourth day of May and soon after received a Letter of the 29th of May from his Majesty ordering them to allow the new Lord Deputy Falkland his full Entertainment and all Perquisits c. from the day the Lord Grandison surrendred the Sword abating thereout for themselves at the Rate of 2000 l. per Annum for the time till he receives the Sword and that the House and Grounds of Kilmainham and the Port Corn be likewise reserved for the New Lord Deputy And it seems that these Lords Justices had seised the Lord Grandison's Papers after his removal for on the Eighteenth of June the King sent them a Letter to restore the Papers to that Lord's Servants and another Letter of the Twenty fourth of October was sent to the new Deputy to pay the Lord Grandison 230 l. for the Charges of his Voyage to England And on the 24th of July the King reciting That by a former Patent of the Second of November 1620. he had granted unto Sir William Irwing Two third parts of the forfeited Recognizances of Alehouse-keepers which his Majesty did intend to resume he therefore orders the Lords Justices to accept of Sir William's Surrender and in lieu thereof and for his Services to grant him the Fifth part of all the Profit of Ale-Licences for Twenty one Years commencing from the making of the Act of State for paying Three shillings six pence for every Licence But these Commissioners that went to Ireland were very busie in inquiring into the Misgovernment that was so loudly and bitterly complain'd of but they found by experience Rushw 17â— that too many of the Irish will complain without Cause However they publish'd new Instructions in print for the more orderly Government of the Courts of Justice and did declare That for the future the Council-Table should not administer an Oath in Matters of Interest or Title or in Complaints between Party and Party but should keep it self within its proper Bounds and afterwards November 7. 1625. a Proclamation was published to the same Effect These Commissioners did also make an Estimate of the Revenue and thought that it might be improved to 17067 l. 6 s. 8 d. more than it was in Harps i.e. Nine-pence pieces stamped with a Harp on one side which passed for a Shilling in Ireland so that Twenty shillings Irish was but Fifteen shillings Sterling but how much they were mistaken in their Computation will appear by a Table of their Estimate and an Account how the Revenue stood Anno 1632. 1622. 1632. First They supposed that the Officers of the Presidency might be paid out of the Profits of their respective Courts and so there would be saved per Annum 2657 l. 6 s. 8 d. But the Profits of those Courts do not amount to near that Sum and whatever they
that Our Realm are to be admitted to Sue their Liveries Ouster le Mains and other Grants depending in Our Court of Wards taking only the Oath here under expressed and any other Oath to be forborn in that Case And the Natives of that Kingdom being Lawyers and who were heretofore Practisers there shall be admitted to practise again and all other Natives of that Nation that have been or shall be Students at the Inns of Court in England for the space of Five Years and shall bring any Attestation sufficient to prove the same are also to be freely admitted by the Judges there to practise the Law taking only the said Oath I A. B. do truly acknowledge profess testifie and declare in my Conscience before God and the World That our Sovereign Lord King CHARLES is Lawful and Rightful King of this Realm and of all other His Majesty's Dominions and Countries And I will bear Faith and true Allegiance to His Majesty His Heirs and Successors and Him and Them will defend to the uttermost of my Power against all Conspiracies and Attempts whatsoever which shall be made against His or Their Crown and Dignity and do my best endeavor to disclose and make known unto His Majesty or His Heirs and Successors or to the Lord Deputy or other Governor for the time being all Treasons and Traiterous Conspiracies which I shall know or hear to be intended against His Majesty or any of Them And I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God XVI All Compositions in the Court of Wards or Alienations made bona fide for valuable Considerations Intrusions Primier Seisins Ouster les Mains and Liveries are to be reduced and limited to the Eighth part of the true Value of the Lands and Hereditaments so to be Compounded for And all Wardships and Custodies of Lands during the Minority of Our Wards are to be moderately valued according to the Discretion of the Judges of that Court Provided That if any Alienations shall be made whereby We shall be prevented of Primier Seisin and Relief of Wardship and that sufficiently proved In all such Cases Our said Court of Wards is not to be restrained to the limitation of the Rates of the Alienations as aforesaid but our Officers of the same are to impose such reasonable Rates and Values as may recompence Us in some measure of those Duties and Profits which otherwise should have accrued unto Us if no Alienation to Uses had been made XVII Our Court of Wards is not to make any Inquiries further then to the last Deceased Ancestor except it be by Special direction from Us. XVIII All Escheators and Feodaries are to be specially directed where any Freeholders Estate in Land doth not exceed the worth of Five Pound English yearly in the true improved value to return the Offices taken of such Land into the proper Courts without Charge to the Subject or other Fees to any Court or Officer save only Ten Shillings Sterling to the Officer that shall take and return the Office but no Charge is to be set upon the said Lands nor any Process to issue upon the said Inquisitions but only for our Reliefs due upon the Tenures Provided that if any such Freeholder have the value of one Hundred Marks English in Chattels Real or Offices then this Grace is not to be extended to him although his Estate in Land be under Five Pound per Annum XIX In General leading Cases that Court is to be regulated according to the Laws and Courses practised here in England whereof Our Judges here shall deliver their Opinions if it shall be desir'd And our Judges of that Court there are to nominate some of the best Quality of the several Counties to be joyned in Commission with the Feodary or Escheator to take Inquisitions XX None of the Clerks or inferior Ministers of that Court or Servant to any of the said Court is to be a Commissioner for taking Offices Not intending hereby to exclude the Officers of the said Court and others who by their Places are to be Commissioners XXI No Grants of Intrusions or Alienations or Leases of Mens Lands are to be made out of that Court to any before the Party interessed shall have personal warning and Affidavit returned thereof who is to be preferred before any other if he come in the next Term after the Office is returned and will accept it at the Rates thought fit by the Court. XXII Upon a Contempt in that or any other Court the first Attachment is to be directed to the Sheriff and if he make not a good return and the Party come not in during that Term to purge his Contempt then the further Process is to be directed to the Persuivant and no further in our Court of Wards Our Exchequer in this Point is to proceed according to the Law and Ancient Custom of that Court and our other Ancient Courts are to bold their Ancient Course and not to permit any Innovations of sending Messengers or other Officers XXIII For reducing and moderating of Fees taken by Officers and Clerks in our Courts there whereof great Complaint is made It is Our Pleasure That a Commission be directed under our Great Seal of that Our Realm to the Persons nominated in a List Signed by Us and herewith sent unto you for the regulating of Fees of all Courts Spiritual and Temporal according to the Form of a like Commission Granted here in England to some of Our Council here and others whereof a Copy is transmitted unto you upon return whereof an Act of State to pass for Establishing the same accordingly untill there may be an Act of Parliament XXIV For the better settling of our Subjects Estates in that Kingdom We are pleased That the like Act of Grace shall pass in the next Parliament there touching the limitation of our Titles not to extend above Sixty years as did pass 21 Jacobi Regis wherein are to be excepted the Lands whereunto We are intituled by Offices already taken and those already disposed of by our Directions And We are further Graciously pleased for a more ample Testimony of Our Goodness to Our Subjects of that Kingdom to direct hereby That from henceforth no advantage be taken for any Title accrued to Us Sixty years and above Except only to such Lands in the Kings County and Queens County whereunto We are intituled by Offices already taken within the said Term of Sixty years and which are not yet Granted nor Lawfully conveyed from Us and Our Crown XXV And We are Graciously pleased and accordingly do hereby require You That You give present Order for the Inhabitants of Conaught and County of Clare to have their Surrenders made in the time of our late most Dear Father inrolled in our Chancery there as of the time of our said Father according to the Date of the said Surrenders and allowing what Fees were formerly paid for
the Judges of Assize in Open Court calling to their assistance at least Four of the Justices of the Peace and that only in Cases where all the Points and Circumstances limited by the Statute in that behalf shall be proved the same to be presented by the Jury so as none of the Jurors be of the Hundred where the Fact was done XXXVII All the Nobility Undertakers and others who hold Estates or Offices in that Kingdom are to make their Personal Residence there and not to leave it without Licence such Persons only excepted as are imployed in Our Service in England or attend here by Our special Command And in the Subsidies and all other Payments towards the Charge of Our Army there all those who hold Titles of Honour and no Estates in that Kingdom are to be rated and to contribute and pay equally as the rest of the Nobility of the like Degrees that have Estates and reside in Ireland for which We will give further Order upon an Assessment to be made and transmitted to Us from you XXXVIII No Judges nor Commissioners shall grant Reprieval to notorious Malefactors but with the Advice of the Justices of the Peace of the County then assisting or a competent Number of them XXXIX Where Undertakers have built upon Glebe-lands they are to sue forth Commissions out of the Chancery or Exchequer to select Commissioners to be named by the Undertakers and the Incumbent or if the Incumbent will not agree then the Court to make choice of indifferent Commissioners who are to set an indifferent Yearly Value of the said Parcel of Glebe-land and return the same to the Court who are to order the Incumbents successively to accept of the same from the Undertakers as a Yearly Rent for the said Parcel and for other Lands recovered against the Undertakers as Church-lands the Parties grieved are to sue in the Exchequer for Abatement of their Rents proportionably XL. All Scotishmen Undertakers in Ulster and in other Places there ar to be made Free Denizens of that Our Kingdom and no Advantage for want of Denization to be taken against the Heirs or Assigns of those that be dead XLI For examining what Rectories and Impropriations are now in Lay-mens Hands out of which there have been anciently Vicarages endowed with competent Maintenance for the Vicars which now are by Laymen possessed whereby the Service of God is neglected and for Reformation of that great Abuse you are forthwith to issue Commission to some Persons of Worth and Integrity free from that Imputation to examine and reform the said Abuse And such Persons as have great Rectories whereunto there are Chapels of Ease belonging somewhere six or seven Miles distant from the Mother-Church are to be enjoyned to keep Preaching Ministers in those Parts having competent Allowance to defray the same XLII No Person against whom any Judgment or Execution hath past in Course of Common Law or Decree in Chancery upon matter of Equity is from henceforth to have any Protection granted him nor any Person flying out of England into Ireland to defraud or shun the Prosecution of his Creditors is to be sheltred or protected from the Justice of the Law under colour of being a Soldier in any of Our Companies in that Our Kingdom XLIII No Witnesses between Party and Party at Sessions or Assizes or before any Commissioners whatsoever are to be bound over to the Castle-Chamber and if Information be put in against any such then a Relator to be named who shall be thought sufficient to answer a Recompence to the Party informed against according to the Award of the Court if sufficient Ground shall not appear of the Information XLIV Soldiers accused of Capital Crimes are to be left to be proceeded withal according to the Law and the Commissions for Reforming and Restraining the Abuses and Oppressions of Soldiers such as have lately issued under Our Great Seal there are to be directed especially to Persons of Quality having Freehold and Residence in the County And such Matters as cannot be ordered by them to be especially determined by a Committee of the Judges and others of Our Council to be nominated by you of which none are to be Captains of Horse or Foot XLV The New Corporations as well as the Ancient are to be assessed towards all General Country Charges and all Impropriations and Temporal Lands of Ecclesiastical Persons shall bear equal Contributions in Publick Charges in the Country and the Towns XLVI Such of the Barony of Carbery in the County of Cork as have Assignments from Sir James Simple Knight and have not as yet past their Patents accordingly are to be admitted to take out their Grants notwithstanding Our late Dear Father's Restriction of Grants and in their Tenures they are not to be prejudiced by any Office taken since the said Assignments from Sir James Simple unless the said Office be grounded upon some ancient Patent or Office upon Record before the Date of the said Assignments Nevertheless you are to provide That by pretext of this Our Grace no new Grants be made of any Lands within that Barony that are already passed by Letters Patents to any Person whatsoever XLVII Sheriffs are not to take above Three pence Fine upon any Person for not appearing at their Leets and if they appear then to take nothing at all And to such as are once sworn to the Allegiance they are to give a Ticket and of those no Fee to be demanded afterward for Swearing of them And for such as have been heretofore or shall hereafter be sworn and cannot produce their Ticket if they take Oath that they have been once sworn then they are not to be sworn again nor pay any more Fee And the Justices of Peace are not henceforth to give any Warrant for the Collecting or Levying of any Fines whatsoever but in Publick Sessions and by Extent under the Seal of the Quarter-Sessions XLVIII For delivering Possessions upon Judgments at Common Law Decree in Chancery or other Legal Injunction the Sheriffs are not to exact or take any other Fee than is limited by the Statutes in England for like Causes and that to be Irish Money And if any Sheriff shall demand or take more he is to be proceeded against and censured for Extortion XLIX No extraordinary Warrants of Assistance toâ—ching Clandestine Marriages Christnings or Burials or any Contumacies pretended against Ecclesiastical Jurisdiction are to be issued by the Lord Deputy or any other Governors nor executed Nor are the Clergy to be permitted to keep any private Prisons of their own for these Causes but the Delinquents in that kind are henceforth to be committed to Our Publick Gaols and that by Our Officers according to the Ordinary Proceeding of the same And all unlawful Exactions taken by the Clergy are to be reformed and regulated by the Commission there before mentioned L. If any Person shall be Outlawed upon an Action of Debt and thereupon a Seisure issued or a Custodium
the Eighteenth of May there was an Order of Reference to him in the Controversie between the City of Dublin and the Merchants-Strangers from whom that City demanded Three pence per Pound Custom And on the Eighteenth of July he got an Order to the Lord Willâ—ot 〈…〉 General of the Army in Ireland to surrender that Office to him He had also the King's Letter of the Sixteenth of October to the Lords Justices That the Port-â—orn and Tithes belonging to the Chief Governor should be given to his Servants And he also obtain'd his Majesty's Commission of the Seventeenth of October to levy what Forces he should think fit or find necessary and an Order of the same Date to be paid the Charge of such Journeys and Progresses as he should think fit to make And Matters being thus fitted to his mind THOMAS Viscount WENTWORTH was on the Twenty fifth day of July sworn Lord Deputy 1633. to whom the Bishop of Kilmore and two other Bishops and the Inhabitants of the County of Cavan sent a Petition Bishop Bedel's Life containing some Complaints against the Army and some Proposals for the Regulation of it which was very ill resented at that time and interpreted to be a Mutinous and Insolent Attempt and brought the Bishop of Kilmore who was supposed the Author and Promoter of it under his Excellency's Displeasure until that Prelate afterwards explain'd himself averring That he did not intend by lessening or discountenancing the Army to expose with the Publick Peace his own Neck to the Skeins of the Romish Cut-throats But the Contribution or Tax of 20000 l. per Annum to which the Country had consented for two Years was now almost expired so that it was necessary to call a Parliament wich met the Fourteenth day of July 1634. 1634. at Dublin and granted Six entire Subsidies but not without the opposition of some Papists one of which moved That the Matter concerning the Subsidies might be put off to another time and then be again considered of This Parliament also passed an Act for the Confirmation of Patents afterwards to be past on the * Dated 29 June 1634. Commission of Defective Titles and then was Prorogued to the Fourth day of November following At the same time there was also a Convocation of the Clergy and preparatory to it the Precedency of the Archbishop of Armagh before the Archbishop of Dublin was determin'd and setled by his Majesty's definitive Sentence And this Convocation to manifest their Agreement with the Church of England did receive the Thirty Nine â—â—â—â—cles of that Church into the Confession of Faith of the Church 〈◊〉 Ireland nevertheless without aâ—rogating any of the Canons of the Convocation held Anno 1615. And a New Book of Canons for the most part agreeing with that of England was then compiled for the better Government of the Church of Ireland By vertue of these Six Subsidies which amounted to above 240000 l. and were payable Half-yearly the Lord Deputy was enabled to pay a Debt of 80000 l. due from the Crown and to support the Charge of the Kingdom without any Supply of Money from England This Lord Deputy had formerly obtain'd his Majesty's Order of the Sixteenth of January 1633. for the free transportation of so many Horses and Mares out of England as he the Lord Deputy should give Licence for by which means he changed Five hundred Foot of the Army for Six hundred Horse which were extraordinary good ones his own Stables exceeding that of any former Governors And indeed generally the whole Army was neither so well paid nor so well disciplin'd in any other time as it was in his On the Twenty fourth of September 1634. the King reciting That King James had by his Commission of the Tenth of August 1603. renewed or revived the Court of Castle-chamber as himself likewise had done by his Commission of 5 October 1625. and that now some Disputes are arisen whether that Court can sit out of Term or more than twice a Week His Majesty Orders That it it may sit when and as often as the Commissioners please and that a new Commission issue to that Purpose And about this time Emerus Mac Mahon afterwards Titular Bishop of Clogher discovered to Sir George Ratcliff a Plot for a general Insurrection in Ireland and Confess'd that himself had been imploy'd for some years in foreign Courts to solicite Aid to carry on a Rebellion which it seems they thought fit to adjourn to a more proper Season But on the 14th of November the Parliament met according to the Prorogation and sate till the 14th of December and were then Prorogu'd to the 26th of January from which time they sate till the 21st day of March and then it was again Prorogu'd to the 24th day of the same Month and sate from thence to its Dissolution which was on the 18th day of April 1635. I need not mention the Acts made in these several Sessions of Parliament because they are many and are to be found at large in the Printed Book of Statutes it is enough to say That they cull'd out all the choice Statutes that were made in England since the 20th of Henry the 8th that were proper for the Kingdom of Ireland and added to them some good new Laws that were peculiar to that Countrey The Parliament being thus ended and closed with an Act of Indemnity the Lord Deputy and Council made a Progress into Conaught to inquire into his Majesties Title to several Lands in that Province and on the 11th of July at Abby-boyle to still the Jealousies and Alarms the People were under at this great Inquisition they published an Act of Council 1635. That it was not his Majesties intention to take any thing from his People that was justly theirs and therefore that those who had effectual Letters Patents should have the full benefit of them as if they were found Verbatim in the great Office then to be taken provided the Patents or the Enrolment thereof were shewn to the Council-board before Easter Term next and by it approved to be good and effectual in Law and the like was done in other Counties of Conaught and so this great Inquisition which was one of the Spring-heads and Fountains of the succeeding Rebellion was with great Diligence and Success carried on and effected and the Kings Title was found to most part of that Province and a noble English Plantation was design'd Whereupon the Patentees and particularly the Lord Dillon of Costilo produced their Patents to the Council-board and it appearing those Patents were Granted by Virtue of a Commission 4 Jac. 1. wherein there was no direction about the Tenure it grew to be a Question whether the Patents to hold by Knights Service as of the Castle of Dublin were warranted by that Commission or valid in Law and after much debate it was solemnly adjudg'd That those Patents were void And this Case is well known to the Lawyers by the
Name of THE CASE OF TENURES and was excellently reported in Print by Baron Barry afterwards Lord Chief Justice of Ireland and Baron of Sautry This Grand Inquisition was counted so great a Master-piece of the Lord Deputies and so beneficial to the King and advantagious to the English Interest That some Persons who went to England to complain of it were there not only discountenanced but imprison'd and afterwards sent back to be dealt by as the Lord Deputy should think fit which it seems produced their Submission And not long after the Lord Deputy having first received Orders to Grant the Impropriations belonging to the King to the use of the Clergy and to Grant to Trinity Colledge near Dublin Lands equal in value to the Pension they had from the Crown of 388 l. 15 s. per Annum went to England to give his Majesty a Triumphant Account of his glorious Successes in Ireland which he performed to Admiration First to the King in a private Audience and afterwards publickly at the Council-board He there told the King and Council That he had found the Irish Exchequer of Paper but he had made it of Treasure and that he had not only improv'd the Patrimony of the Church of Ireland but had also brought it to be Conformable to that of England both in Doctrine and Government by the Acceptance of the Thirty Nine Articles there That before his going to Ireland the Lord Justices wrote That the Expence exceeded the Income 24000 l. per Annum and they had no ways to raise it but by the Levying Nine pence a Sunday on Papists for not coming to Church but that now it was far otherwise without that Persecution And he advis'd That the Army should rather be encreased than diminshed it being an excellent Minister and Assistant in Execution of the Kings Writs and the great Peace-maker between the British and the Natives and the best security of past and future Plantations That by the Statutes of Wills and Uses there will more advantage arise to the Crown of England than by the six Subsidies because thereby the insant Heirs of all great Families in the Kingdom will unavoidably come under the Guardianship of the King whereby they will be bred Protestants and of what Consequence this Superintendency is doth in part appear in the Person of the Earl of Ormond formerly the Kings Ward who if bred under the Wing of his own Parents had been of the same Affections and Religion with his other Brothers and Sisters whereas he is now a firm Protestant and like to prove a great and able Servant to the Crown and a great Assistant as well in inviting others to be of his Religion as in the Civil Government it being certain That no People are more apt to be of the Religion of their great Lords than the Irish are That by the Statute of fraudulent Conveyances the Irish are prevented in their cunning Disigns by secret and sleeping Conveyancies so that the King will have his Forfeitures and Wardships and the English be encouraged to purchase of them That before his time the Pirates infested the very Harbours and a Ship was fired by them in the Port of Dublin in sight of his Majesties Castle and the Pirates were robbing the Ship two days together without opposition the Reason was because our Sea-guard for want of Money did not come till August before which time the mischief was done but now they are well Paid and come in March and that now the Exportation is double to what is imported into the Kingdom That he discourag'd Woollen and encourag'd the Linen Manufacture and had sow'd 1000 l. worth of Holland-Flax Seed and set up six or seven Looms and doubts not Success because the Irish can under-sell France or Holland Twenty per Cent. And then he laments That the English of Ireland are treated as Aliens First In the Imposition of 4 s. per Tun on Coal Secondly In the Prohibition to transport Horses or Mares hence without excessive Custom Thirdly In the Imposition of 3 s. and 4 d. per Head for every live Beast exported thence and afterwards he procur'd a Privy Seal to supersede these pro tempore Lastly That tho' he was represented more like a Basha of Buda than the Minister of a Pious Christian King yet severity was not natural to him but assumed because it was necessary for the Restoration of a Despoyled Crown Church and People from the Claws of those that had been used to the Paths of an uncontroled Liberty and Oppression But to proceed ADAM LOFTUS Viscount ELY 1636. Sir CHRISTOPHER WANDESFORD Master of the Rolls were Sworn Lords Justices on the 3d. day of July 1636. and immediately some Fryars notwithstanding the former Proclamation had a publick Meeting and passed unpunish'd for the Lord Deputy wrote over That he held it not convenient to rub upon that Sore till they were provided for a thorough Cure These Lords Justices had Orders to call upon Corporations for a return of their pretended Priviledges to issue Money to finish the Fort of Galway to suspend the Lord Courcyes Pension to quicken the Admeasurement in Conaught and not to let any Soldiers be Transported But on the 23d of November THOMAS Viscount WENTWORTH returned Lord Deputy and then the aforesaid Case of Tenures was argued but the Judgment That the Letters Patent were void Husbands Collections 2 Part 245. did so Alarm the whole Nation that it was found necessary to delay the Execution for a time and afterwards Anno 1640. on private Conference with the Irish Committee then in England for it was not made an Article amongst the Grievances publickly complain'd of the King quitted the benefit and advantage thereof and so the vast Expence of this Grand Office and Inquisition which amounted to at least 10000 l. was in effect lost and this terrifying Bug-bear did not add one Acre to the Possessions of the Crown nor one English Plantation to the Kingdom as was at first design'd In the Year 1636 1636. John Atherton was preferred to the Bishoprick of Waterford and Lismore by a Symoniacal Contrivance as was believed says the Writer of Bishop Bedells Life pag. 144. but that is not probable because that Bishoprick was then so Poor that it was too small a Temptation to so great a Sin it is more likely that being a bustling Man of active Parts and a bold Spirit he was thought a fit Instrument of State to promote some Designs that were then on Foot and as proper for the Recovery of the ancient Possessions of his See as any Body that could be pitcht upon and accordingly we find him a fierce Adversary to the Earl of Cork and a severe Prosecutor of the Bishop of Killalla which last nevertheless lived to be his Successor And tho' Atherton did answer the Expectation of his Benefactors for a time yet his Tragical end by the hands of the Common Executioner on the 5th of December 1640. for a Crime
not to be named did very much scandalize the Patrons of his Preferment Nevertheless his unparallel'd Repentance and the most Pious manner of his Death hath obtain'd for himself the Pity of all good Men and undoubtedly the Mercy of God And it is observable 1637. that the Earl of Cork and this Bishop Atherton did on the 27th of June 1637. joyn in a Petit on to the Lord Deputy and Council to appoint Arbitrators to decide their Controversies and accordingly the Bishop of Derry and the Master of the Court of Wards were Assigned to that purpose and in their Adward which I have seen they recite that the Bishopricks of Waterford and Lismore by the Alienations of former Bishops were left worth but Fifty pound per Annum Revenue in Land and that the Earl had not purchased any thing immediately from the Church but from other Persons for valuable Considerations near Forty years before yet out of Love to Religion and the Professors thereof he was contented to part with some of his Right and so they Adwarded Lismore c. to the Earl and Ardmore c. to the Bishop and this Adward was afterwards confirm'd by the Lord Lieutenant and Council and after that by the King Anno 1638. 1638. Doctor Bedell Bishop of Killmore held a Synod in his Diocess which was a thing very strange and unusual in Ireland Nevertheless it made excellent Cannons or Constitutions which are to be sound in Bishop Bedell's Life pag. 237. But Matters growing high in Scotland and England the Lord Deputy went over to the King and left ROBERT Lord DILLON of KILLKENNY WEST Sir CHRISTOPHER WANDESFORD Mr. of the Rolls Lords Justices who were Sworn on the 12th of September 1639. and soon after call'd a Parliament which met on the 16th day of March but did little or nothing until THOMAS Earl of STRAFFORD returned Lord Lieutenant on the 18th of March 1639. and on the 20th the Irish Parliament met again and Granted four entire Subsidies to the King and were on the 17th day of June prorogued to the First day of October following having first made the Twelve Acts to be found at large in the Printed Statutes 15 Car. 1. The first of these four Subsidies was Assessed at 46170 l. but the Second and Third of these Subsidies being in the absence of some Protestant Members with the Army at Caricfergus upon the Motion of Nicholas Plunket Assess'd in another manner did not together amount unto more then 23768 l. 15 s. 0 d. and the Fourth Subsidy was never Taxed at all by reason of the Rebellion that ensued And it is to be Noted that the Protestants paid more than one Third of the Commons part of the Subsidies besides 26480 l. 6 s. 0 d. Granted in Fourteen Subsidies by the Protestant Clergy only and above Three fourths of the Nobilities part of these Subsidies or more for the Nine Subsidies on the Nobility came too 52850 l. 18 s. 4 d. whereof the Confederate Lords paid but 10620 l. 18 s. 4 d. and it is very remarkable that foreknowing the Rebellion as undoubtedly they did they paid not one Penny of the Second or Third Subsidies and the Commons paid so little that of the Three Subsidies on them there was in Arrear when the Rebellion broke out 23855 l. 9 s. 7 d. And yet these Gentlemen or their Advocates have bragged in some of their Libels That they gave the King near a Million of Money But to proceed The Lord Lieutenant upon the Credit of these Subsidies and the annual Revenue which now was improv'd to above 80000 l. per Annum was enabled to raise Eight thousand Foot and One thousand Horse additional to the Veteran◠〈◊〉 they cost the Kingdom in raising clothing and paying them 204057 l. and were design'd to sudue the Rebells in Scotland and awe the Mutineers in England but being mostly Papists who were thereby Train'd to the use of Arms this Army was so offensive to all moderate and thinking Protestants that it brought great dis-repute and prejudice on the Kings Affairs and in the end cost the Lord his lieutenant his Head The Lord Lieutenant was exposed to the Hatred of the Presbyterians Husbands Collections 2 part 245. for imposing a new Oath on the People hereafter mentioned which was so much abhorr'd by many that they quitted the Kingdom rather then take it and he was open also to the Jealousies of the Protestants by bringing over with him Sir Toby Mathews a Jesuited Priest and by the Correspondence that was known to be between Paul Harris another plotting Priest and Sir George Ratcliff the Lord Lieutenant's intimate Friend and by suffering Publick Mass-houses at the Naas so near his own House and by permitting Fryars to dwell in a House of his own which he had built to other Uses But notwithstanding all this it is certain he was no Friend to Popery but only temporiz'd until he should meet with a more proper Season to go through with that Work as himself expresses it About this time Archibald Adair who had been Bishop of Killalla since the Year 1630 was deprived of his Bishoprick upon this Occasion One Corbet a Clergy-man that fled from Scotland for writing a Satyrical Book against the Covenanters called Lysimachus Nicanor was sent to this Bishop for Preferment but he being a moderate Man and perhaps too indulgent to his own Nation did not approve of Corbet that had handled the Scots so severely and therefore he gave no countenance to him but on the contrary told him That it was a bad Bird that foul'd his own Nest which was the sharper because Corby in Scotch signifies a Raven And when Corbet told him That he had hardly escaped with Life but had left his Wife to try the Humanity of the Scots the Bishop replied That he had left her to a very base Office And other things he said which the Government thought too favourable to the Govenanters and tho' they would not be much considered at another time yet now was thought a sufficient Cause of Deprivation and Doctor John Maxwell was made Bishop in his room but the next Year after the Execution of Atherton Bishop of Waterford Adair was made Bishop of that See Nor should it be omitted That this Bishop Maxwell a most excellent Preacher and a hearty Royalist was nevertheless wounded stript naked and left amongst the Dead by the Irish Rebels whose Skeins never distinguished between a Prelate and a Fanatick But the Bishop was accidentally preserved by the Earl of Twomond who travelled that way towards Dublin and afterwards went to the King to Oxford and was the first Man that convinced the King of the innate Hatred the Irish Rebels bore to all those of the Protestant Religion But let us return to the Lord Lieutenant who went again to England to give the King an Account of the good Posture of Affairs in Ireland leaving in his stead Sir CHRISTOPHER WANDESFORD Master of the Rolls
Lord Deputy He was sworn on the Third of April and was an intimate Friend of the Lord Lieutenants and was suspected to have imployed Agents to raze out of the Journal-Book of the House of Commons some Instructions that were agreed upon by that House for a Committee to Impeach the Earl of Strafford but it is certain he did what he could to hinder that Committee from going to England And besides Persuasions Rushw 469. he proceeded to forbid them that voyage upon their Allegiance Nevertheless they all got away privately some from one Port and some from another and came safely to England This Committe were the Lords Gormanstowne Killmallock Costilo and Baltinglass for the Upper House Nicholas Plunket Sir Robert Digby Richard Fitz-Gerrald and Nicholas Barnwall for Leinster Sir Hardress Waller John Welsh Sir Donough mac Cartby for Munster Robert Linch Geoffry Browne and Thomas Burk for Connught and Sir William Cole and Sir James Mountgomery for Ulster and they carried with them a Remonstrance from the Irish Parliament against the Earl of Strafford whom they prosecuted effectually and were under-hand so to do by the Discontented part of the Parliament of England And because this Remonstrance contains a great part of the History of those Times I have thought necessary to add it in haec verba To the Right Honourable the Lord Deputy The Humble and Just Remonstrance of the Knights Citizens and Burgesses of the Parliament Assembled SHEWING THat in all Ages since the happy Subjection of this Kingdom to the Imperial Crown of England Rushw 11. it was and is a Principal Study and Princely Care of His Majesty and His Noble Progenitors Kings and Queens of England and Ireland to the vast Expence of Treasure and Blood that their Loyal and Dutiful People of this Land of Ireland being now for the most part derived from British Ancestors should be Governed according to the Municipal and Fundamental Laws of England that the Statute of Magna Charta or the Great Charter of the Liberties of England and other Laudable Laws and Statutes were in several Parliaments here Enacted and Declared that by the means thereof and of the most prudent and benign Government of His Majesty and His Royal Progenitors this Kingdom was until of late in its growth a flourishing Estate whereby the said People were heretofore enabled to answer their humble and natural Desires 〈◊〉 comply with His Majesty's Princely and Royal Occasions by their Free Gift of One hundred and fifty thousand pounds Sterling and likewise by another Free Gift of One hundred and twenty thousand pounds more during the Government of the Lord Viscount Faulkland and after by the Gift of Forty thousand pounds and their free and chearful Gift of Six intire Subsidies in the Tenth Year of His Majesty's Reign which to comply with His Majesty 's then Occasions signified to the them House of Commons they did allow should amount in the Collections unto Two hundred and Fifty thousand pounds although as they confidently believe if the Subsidies had been Levied in a moderate Parliamentary way they would not have amounted to much more than half the Sum aforesaid besides the Four intire Subsides granted in this present Parliament So it is may it please Your Lordship by the occasion of the ensuing and other Grievances and Innovations though to His Majesty no considerable Profit this Kingdom is reduced to that extream and universal Poverty that the same is lesâ— able to pay Subsidies than it was heretofore to satisfie all the before-recited great Payments And His Majesty's most Faithful People of the Land do conceive great Fears that the said Grievances and Consequences thereof may be hereafter drawn into Precedents to be perpetuated upon their Posterity which in their great Hopes and strong Beliefs they are persuaded is contrary to His Royal and Princely Intention towards His said People Some of which said Grievances are as followeth I. The general apparent Decay of Trades occasioned by the new and illegal raising of the Book of Rates and Impositions upon Native and other Commodities exported and imported by reason whereof and of extreme Usage and Censures Merchants are beggar'd and both disenabled and discouraged to Trade and some of the Honourable Persons who gain thereby are often Judges and Parties and that in the conclusion His Majesty's Profit thereby is not considerably advanced II. The Arbitrary Decision of all Civil Causes and Controversies by Paper Petitions before the Lord Lieutenant and Lord Deputy and infinite other Judicatories upon Reference from them derived in the nature of all Actions determinable at the Common Law not limited into certain Time Cause Season or Thing whatsoever and the Consequences of such Proceedings by receiving immoderate and unlawful Fees by Secretaries Clerks Pursuivants Serjeants at Arms and otherwise by which kind of Proceedings His Majesty loseth a great part of His Revenue upon Original Writs and otherwise and the Subject loseth the Benefit of his Writ of Error Bill of Reversâ—l Vouchers and other legal and just Advantages and the ordinary Course and Courts of Justice declined III. The Proceedings in Civil Causes at Council-board contrary to the Law and Great Charter not limited to any certain Time or Season IV. That the Subject is in all the Material Parts thereof denied the Benefit of the Princely Graces and more especially of the Statute of Limitations of 24 Jac. granted by His Majesty in the Fourth Year of His Reign upon great Advice of the Councils of England and Ireland and for great Consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdom in open Assizes whereby all Persons do take notice that contrary to His Majesty's Pious Intentions His Subjects of this Land have not enjoyed the Benefit of His Majesty ' Princely Promise thereby made V. The Extrajudicial Avoiding of Letters Patents of Estates of a very great part of His Majesty's Subjects under the Great Seal the Publick Faith 〈◊〉 the Kingdom by Private Opinions delivered at the Council-board without Legal Evictions of their Estates contrary to Law and without Precedent or Example of any former Age. VI. The Proclamation for the Sole Emption and Uttering of Tobacco which is bought at very low Rates and uttered at high and excessive Rates by means whereof thousands of Families within this Kingdom and of His Majesty's Subjects in several Islands and other Parts of the West-Indies as your Petitioners are informed are destroyed and the most part of the Coin of this Kingdom is engrossed into particular Hands insomuch that your Petitioners do conceive that the Profit arising and engrossed thereby doth surmount His Majesty's Revenue Certain or Casual within this Kingdom and yet His Majesty receiveth but very little Profit by the same VII The universal and unlawful Encreasing of Monopolies to the Advantage of a Few the Disprofit of His Majesty and Impoverishment of His People VIII And the extreme cruel Usage of certain late Commissioners and
other Stewards of the British Farmers and Inhabitants of the City and County of London-Derry ☞ by means whereof the worthy Plantation of that Country is almost destroyed and the Inhabitants are reduced to great Poverty and many of them forced to forsake the Country the same being the first and most useful Plantation in the large Province of Ulster to the great weakning of the Kingdom in this Time of Danger the said Plantation being the principal Strength of those Parts IX The late Erection of the Court of High-Commission for Causes Ecclesiastical in these necessitous Times the Proceedings of the said Court ' in many Causes without Legal Warrant and yet so supported as Prohibitions have not been obtained though legally sought for And the excessive Fees exacted by the Ministers thereof and the Encroaching of the some upon the Jurisdiction of other Ecclesiastical Courts of this Kingdom X. The exorbitant Fees and pretended Customs exacted by the Clergy against the Law some of which have been formerly represented to your Lordship XI The Petitioners do most heartily bemoan that His Majesty's Service and Profit are much more impaired than advanced by the Grievances aforesaid and the Subsidies granted in the last Parliament having much increased His Majesty's Revenue by the buying of Grants and otherwise And that all His Majesty's Debts then due in this Kingdom were satisfied out of the said Subsidies and yet His Majesty is of late as the Petitoners have been informed in the House of Commons become indebted in this Kingdom in great Sums And they do therefore humbly beseech That an exact Account may be sent to His Majesty how and in what manner his Treasure is issued XII The Petitioners do humbly conceive just and great Fears at a Proclamation published in this Kingdom in Anno Domini 1635. prohibiting Men of Quality or Estates to depart this Kingdom into England without the Lord Deputy's Licence whereby the Subjects of this Kingdom are hindred and interrupted from free Access to Address to His Sacred Majesty and Privy-Council of England so declare their just Grievances or to obtain Remedies for them in such sort as their Ancestors have done in all Ages since the Reign of King Henry the Second and great Fees exacted for every of the said Licences XIII That of late His Majesty's Attorney-General hath exhibited Informations against many ancient Burroughs of this Kingdom into His Majesty's Court of Exchequer ☜ to shew cause by what Warrant the said Burroughs who heretofore sent Burgesses to Parliament should send Burgesses to the Parliament And thereupon for want of an Answer the said Privileges of sending Burgesses were seised by the said Court Which Proceedings were altogether coram non Judice and contrary to the Laws and Privileges of the House of Parliament and if way should be given thereunto would tend to the Subversion of Parliaments and by consequence to the Ruin and Destruction of the Commonwealth And that the House of Commons hath hitherto in this present Parliament been deprived of the Advice and Counsel of many profitable and good Members by means thereof XIV By the Powerfulness of some Ministers of State in this Kingdom the Parliament in its Members and Actions hath not its natural Freedom XV. And lastly That the Gentry and Merchants and other His Majesty's Subjects of this Kingdom are of late by the Grievances and Pressures before said and other the like brought very near to Ruin and Destruction And the Farmers of Customs Customers Waiters Searchers Clerks of Unwarrantable Proceedings Pursuivants and Gaolers and sundry others very much enriched whereby and by the slow Redress of the Petitioners Grievances His Majesty's most faithful and dutiful People of this Kingdom do conceive great Fears that their Readiness approved upon all Occasions hath not been of late rightly represented to His Sacred Majesty For remedy whereof the said Petitioners do humbly and of right beseach your Lordship That the said Grievances and Pressures may be speedily redressed and if your Lordship shall not think fit to afford present Relief that your Lordship might admit a select Committee of this House of Persons uninteressed in the Benefit arising of the aforesaid Grievances to be licensed by your Lordship to repair to his Sacred Majesty in England for to pursue the same and to obtain fitting Remedy for their aforesaid and other just Grievances and Oppressions And upon all just and honourable Occasions they will without respect of particular Interest or Profit to be raised thereby most humbly and readily in Parliament extend their utmost Endeavors to serve His Majesty and comply with His Royal and Princely Occasions And shall pray c. As soon as the Lord Deputy had notice of this Remonstrance and perceived the Fury of the Irish Parliament he took occasion to Prorogue it on the Twelfth day of November but whatever he could do was ineffectual to stem the Tide which now ran too violent against him And therefore being heart-broken with his own and the Earl of Strafford's Misfortunes he died suddenly on the Third day of December 1640. Whereupon ROBERT Lord DILLON of Killkenny-West afterwards Earl of Roscomon Sir WILLIAM PARSONS Knight and Baronet Master of the Court of Wards were on the Thirtieth of December sworn Lords Justices 1640. But the Lord Dillon beings for his Intimacy and Alliance with the Earl of Strafford obnoxious to the aforesaid Irish Committee he was at their Instance removed and Sir WILLIAM PARSONS Master of the Court of Wards Sir JOHN BORLACE Master of the Ordnance were sworn Lords Justices on the Tenth of February to whom the King by his Letters of the Fourth of January before sent Orders at the Request of the Irish Committee That the Irish Subsidies which heretofore were Forty thousand Pounds should be reduced to a less Sum than formerly and that all Letter 's sent to the Chief Governor or other Publick Officers touching Publick Affairs or the Subjects Private Interests should be entred in the Signer-Office in England to the end the Subjects upon occasion might take Copies thereof and that all Dispatches from Ireland should be safely kept apart for the easier and readier recourse thereto and that His Majesty approves of the Repair of His Subjects to appeal to Him notwithstanding any Prohibition in Ireland to the contrary and orders That no body be prosecuted or molested on that score and that the Irish Committee shall have Copies of all Records Certificates Orders of Council Publick Letters or other Entries that are necessary to manifest or prove their Grievances And this Letter was on the Tenth of February 1640. by the Irish Parliament then sitting ordered to be entred amongst the Records and Ordinances of that House And soon after Rushw 15. the Irish Parliament did vote the following Grievances to be transmitted to their Committee in England which it seems were couched in Two Petitions one to the King and the other to the Parliament and both carried over by John Bellew
and Oliver Castells 1. That the Nobility wer over-taxed in the Subsidies 2. And were kept Close Prisoners tho' not Impeach'd of any Capital Crime 3. And could not get Licence to absent unless they leave their Proxy with one of the Chief Governors naming 4. That some have Titles of Honour that have no Lands in the Kingdom 5. That the Nobility were stop from going to Petition the King 6. That Trade is decayed by Illegal Taxes as Twelve pence apiece on Hides 7. That Causes are arbitrarily decided at Council-board and in other improper Judicatories 8. That Paâ—ents are made void extrajudicially on private Opinions 9. The Monopolies of Tobacco Starch Sope Glass Tobacco-pipes c. 10. The Procedings of the High-Commission 11. The exorbitant Fees and pretended Customs exacted by the Clergy 12. The Proclamation against buying Gunpowder but out of the Store and restraining Hunting within Seven Miles of Dublin 13. That the Parliament in its Members and Actions hath not had its natural Freedom 14. That the Subject is denied the Benefit of the Act of Limitation 15. The taking excessive Fees 16. The Seizing of Linen Yarn and Cloth for not being exact according to Rule 17. The Oppressions of Officers And in this Parliament on the Fourth of March Captain Audley Mervin brought up an Impeachment of High-Treason from the Commons to the Lords against Sir Richard Bolton Lord Chancellor John Lord Bishop of Derry Sir Gerrard Lowther Lord Chief Justice of the Common-Pleas and Sir George Ratcliff and made an eloquent Speech on that Occasion The Charge consisting of Three Articles was General for subverting the Laws and introducing Arbittary Government by extrajudicial and unjust Decrees for inflicting infamous Punishments by Pillory c. on Persons of Reputation and subverting the Rights of Parliament But it seems there was a Dispute raised Whether the House of Lords in Ireland had Power of Judicature in Capital Cases Whereupon Captain Audley Mervin made a most excellent Speech in the Lords House in Parliament 24 May 1641. And afterwards he Impeached Sir George Ratcliff then in the Gate-house Westminster in the Parliament of England of the aforesaid Articles and adds That he joyned with the Earl of Strafford in taking out Eighty thousand Pounds out of the Exchequer to buy Tobacco and that he countenanced Papists to build Monasteries c. On the Sixteenth of March 1640. Secretary Vane sent the Lords Justices the following Letter by His Majesty's Command Right Honorable HIS Majesty hath commanded me to acquaint your Lordships with an Advice given him from abroad and confirm'd by His Ministers in Spain and elsewhere which in this distemper'd Time and Conjuncture of Affairs deserves to be seriously considered and an especial Care and Watchfulness to be had therein Which is That of late there have passed from Spain and the like may well have been from other Parts an unspeakable number of Irish Churchmen for England and Ireland and some good old Soldiers under pretext of asking leave to raise Men for the King of Spain whereas it is observed among the Irish Fryars * * In Spain there a Whisper runs as if they expected a Rebellion in Ireland and particularly in Connaught Wherefore His Majesty thought fit to give your Lordships this notice that in your Wisdoms you might manage the same with that dexterity and secrefie as to discover and prevent so pernicious a Design if any such there should be and to have a watchful Eye on the Proceedings and Actions of those who come thither from abroad on what pretext soever And so herewith I rest Your Lordships most humble Servant HENRY VANE In the mean time the Earl of Strafford came to his Tryal in England and it was the most Solemn that ever was in that Kingdom and at length he was Attainted by Act of Parliament and accordingly beheaded on the 12th day of May 1641. and the Earl of Leicester was the same day appointed Lord Lieutenant of Ireland in his stead His Tryal is excellently wrote at large by Mr. Rushworth to which I must refer the curious Reader but because every Man has not that Book by him I have Cursorily extracted so much of it only as I thought pertinent to his History wherein if I have not been very exact it was because the Inquisitive may easily inform themselves as well as I by having recourse to the Original which I had not leisure to examine more carefully than I have done The Third Article which is the First relating to Ireland is that he should say That Ireland was a conquer'd Nation and that the King might do with them what he pleased and that the Charters of the Corporations were worth nothing and did bind the King no farther than he pleased To which the Earl Answers That he never spoke those words and that the Scope and Intent of what he did say was to ingratiate his Majesties Government to the People and that his words were well accepted at that time however they come to be resented now That the Charters of Dublin were Anno 1634. brought before the Council and still are in the hands of the Clerk of the Council because besides other Abuses the Papists of that City engrossed all the Trade and denied Liberty to such as came out of England to set up there which he hath so far remedied as that there are Three Englishmen now in Dublin for One that was there when he came to the Government and the Charters are not Condemned but enjoyed to this day so that he aim'd at a Reformation in favour of the English but did not design the Destruction of the Charters The Fourth Article was That the Earl of Cork having begun a Suit at Law to recover a Possession he had lost by Colour of an Order from the Lord Deputy and Council the Lord Deputy threatned to imprison him unless he would surcease his Suit saying That he would have neither Law nor Lawyers dispute or question his Orders and that he said upon another the like Occasion That he would make the Earl of Cork and all Ireland know that so long as he had the Government there any Act of State there made or to be made should be as binding to the Subjects of that Kingdom as an Act of Parliament and that he question'd that Earl in the Castle-Chamber upon Pretence of a Breach of an Order of Council-Table To this the Earl of Strafford answered That the Council-Table was a Court of Record in Ireland wherein they proceeded formally by Bill Answer Examination of Witnesses c. and therefore the Orders of it are binding and ought to be obey'd he denies he compar'd it to a Parliament and denies that the Earl of Cork was prosecuted for disobedience of an Order of Council only The Fifth Article was That in time of Peace 12th of December 1635. he did give and procure to be given Sentence of Death against the Lord Mountnorris at a Council of War for saying of an Accidental
conceived they were greatly distressed and wished That he could use Means whereby they might be eased Hence he discoursed with Trueman who was but a silly Fellow and got from him Words whereby he discovered a Good-will to the Scotch Nation and some Discourse about the Castle of Carigfergus insomuch that he got Trueman's Letter to recommend him into Scotland whither he pretended a Desire to go to serve under their Command Upon this Giles produced the Letter in Evidence against him and so he was condemned and executed And this I take to be the Substance of what was offered for or against the Earl of Strafford On the Eleventh of May the Irish Parliament sat again 1641. and the Colonels John Barry Taaf Garret Barry and Porter having Orders from England to transport Four thousand of the Irish Forces to Spain some of the Popish Members of the Lower House did urge divers Arguments to hinder that Design As First That the Irish might gain Experience abroad and return to be evil Instruments at home Secondly That Ireland wanted Men for Husbandry Thirdly That Spain was an Hereditary Enemy to England and therefore might infect these Men with dangerous Principles concluding That they did not know how soon those very Regiments acquainted with every Creek in the Kingdom might be returned on their own Bowels having naturally a Love to their Religion which such an Incendiary as Spain might inflame with the highest prejudice So shamelesly did they cloak their Designs ' of stopping these Soldiers to assist in the following Rebellion under these Cobweb pretences of the Publick Good However their Project succeeded to their mind and notwithstanding the Contract with the Spanish Ambassador for their Transportation the Soldiers were from time to time delay'd and Garret Barry and his whole Regiment and most of the rest did afterwards joyn in the Irish Rebellion This Session of Parliament was spent by the Papists who were the most numerous Party in the House in fruitless Declarations and Protestations private Petitions and Votes upon needless Queries These last together with the Judges Answers to them are to be found at large Burlace Append. 1. 2. I shall only recite one of them viz. Quere 15. Whether the issuing of Quo Warranto's against Burroughs that anciently and recently sent Burgesses to Parliament to shew Cause why they did so be Legal And if not What Punishment ought to be inflicted upon the Occasioners Procurers and Judges of and in such Quo Warranto's To which the Answer is That the Proceedings in such Quo Warranto's are coram non Judice illegal and void and the Right of sending Burgesses to Parliament is questionable in Parliament only and the Occasioners Procurerâ— and Judges in such Quo Warranto's and Proceedings are punishable as in Parliament shall be thought consonant to Law and Justice Moreover some Members of this Parliament who had the following Rebellion in their Design did in order to inform themselves of the Quantity of the Stores Ammunition and Provisions and the Place where they were deposited suggest That there was a Plot by some of the Lord Stafford's discontented Servants to destroy the Parliament and therefore procured a Committee of both Houses to be appointed to search the Rooms under the Place where they sat which they did but sound no Powder there Then they desired to see where the Stores were but the Lord Justice Burlace who was Master of the Ordnance denied them that Request which they took very ill The Popish Party did also oppose the Disbanding of the new Army raised by the Earl of Strafford however it was at length effected on the Tenth day of * Rather July quaere August and the Arms and Ammunition were carefully brought into His Majesty's Stores In the mean time it being convenient to give the Members a short Recess to attend their Harvest and their other Occasions and there being no sudden expectation of the Irish Committee's Return from England the Parliament by their own Consent was on the Seventh of August adjourn'd to the Ninth of November which for want of greater cause of Complaint was afterwards reckon'd amongst their Grievances But contrary to all Mens expectation the Irish Committee of Parliament in the latter end of August return'd loaden with Graces and Favours for that Kingdom particularly in reference to the Customs especially of Wooll and Tobacco whereof the Lords Justices sent immediate notice to the several Ports of the Kingdom and in this short Interval of Parliament busied themselves in framing such Bills to pass the next Session as the Committee had obtain'd His Majesty's Consent unto And in this quiet and serene Condition was the Kingdom of Ireland not suspecting the least Disturbance from the Papists who were not under any Persecution upon the account of Religion their Clergy exercising their Functions as safely and almost as publickly as the Protestants They were obliged to the King by the easiest of Governments and the Graces and Concessions he had lately vouchsafed unto them and they were fastned to the English by all the Ties of Interest Friendship Marriage and which is more in their esteem Gossipping and Fostering And they were engaged to propagate the Publick Peace by their own happy free and flourishing Condition for now the Papists without taking the Oath of Supremacy freely enjoyed the Offices of Sheriffs of Counties Magistrates of Corporations c. But all this was over-ballanced by their Bigotry and National Malice which opened one of the bloodiest Scenes that ever was seen in the World For on Saturday the Twenty third of October 1641. being a Day dedicated to St. Ignatius Temple 16. a fit Patron for such a Villany broke out a most desperate and formidable Rebellion an universal Defection and general Revolt wherein not only all the mere Irish but almost all the Old English that adher'd to the Church of Rome were openly or secretly involved The Conspirators pitched upon the Day because it was Market-day at Dublin and therefore a Concourse of People would the less be perceived or suspected and they chose the time of Year because Harvest was in and the Half-years Rent generally in the Tenants Hands and because the Season of the Year would hinder Relief from England until the next Spring before which time they hoped to have effected all their Designs It was a premeditated Rebellion Lord Justices and Councils Letter foretold by Sir Henry Bedingfeild a Roman Catholick of Norfolk in April before and suspected by the King as appears by Sir Henry Vane's Letter ante pag. 64. And it was in contrivance partly at home and partly abroad before the Troubles either of England or Scotland began Memoirs 22. It was communicated to the English Papists by the Popish part of the Irish Committee then in England Husbands 2. part 247. And it was finally concluded and resolved on at the Abby of Multifernam and the * Dr. Jones's Examination Appendix 9. Scheme of the Government
them called Traytors or Rebels but advised rather to use the soft Expression of DISCONTENTED GENTLEMEN But the Protestants scorning to be put upon so one of them express'd himself so briskly and so judiciously that the Irish finding they could not get a better agreed with much ado to the Protestation against the Rebels recited here Append. 12. And so having sate two days the Parliament was Prorogued to the Eleventh of January having first appointed a Committee of Both Houses to Treat with the Rebels and a Commission issued accordingly but the Traytors were so pufft up with their innumerable Victories over the naked and unresisting English that they tore the Order of Parliament and the Letter that was sent them and refused to Treat But the Lord Dillon of Costilo who since the Rebellion broke out was by His Majesty's former Orders sworn Privy Counsellor was deputed by the Popish Lords to attend the King and the Lord Taaf and Mr. Burk went with him but before he Embarked he presented the Lords Justices and Council a scandalous Letter See it Append. 3. in nature of a Remonstrance from the Rebels of the County of Longford which nevertheless was framed in the Pale wherein amongst other things they demand Freedom of Religion and a Repeal of all Laws contrary thereunto And this produced the Vote of the Eighth of December in the Parliament of England That they would never give Toleration of the Popish Religion in Ireland or any other of His Majesty's Dominions These Irish Agents hapned to be intercepted by the Parliament and imprison'd and their Papers being rifled it was found to be one of the Private Instructions to the Lord Dillon to move That no Forces might be sent over to Ireland but that it might be left to the Remonstrants to suppress the Rebellion 2 Temple 9. But afterwards they made a shift to escape out of Prison and diligently followed the King's Camp and effectually sollicited the unhappy Cessation Husbands's Collections 2 part 247. which afterwards ensued and whereof this Longford Remonstrance was the Parent and Foundation But what regard these Lords had to His Majesty's Service will appear by their vain Expressions in a Letter to the Lord Muskery Anno 1642. viz. That tho' it did not stand with the Convenience of His Majesty's Affairs to give him Publick Countenance yet that the King was well pleas'd with what he did and would in time give him Thanks for it Which being dscovered to the Parliament by Mr. Jepson a Member of that House begat strange Jealousies of His Majesty's Proceedings then tho' now it is manifest those Expressions related to the Cessation that was in Enbryo and not to the Rebellion which the King always abhorr'd In the mean time the King sent some Arms from Scotland to Sir Robert Steward and others in Vlster on the Eighteenth of November and Commissions to raise Forces Particularly the Lord Mongomery had Commission to raise 1000 Foot and 500 Horse and he did raise the Foot and three Troops of the Horse And on the Nineteenth the Lords Justices had an Account that His Majesty had left the Management of the Irish War to the English Parliament and the Order of Parliament was sent to them together with 20000 l. in Money and a Commission to the Earl of Ormond to be Lieutenant-General of the Army and also the following Order of Both Houses of Parliament viz. THE Lords and Commons in this present Parliament being advertised of the dangerous Conspiracy and Rebellion in Ireland by the treacherous and wied Instigation of Romish Priests and Jesuits for the bloody Massacre an Destruction of all Protestants living there and other His Majesty's Loyal Subjects of English Blood tho' of the Romish Religion being ancient Inhabitants within several Counties and Parts of that Realm who have always a former Rebellions given Testimony of their Fidelity to this Crown and for the utter depriving of His Royal Majesty and the Crown of England 〈◊〉 the Government of that Kingdom under pretence of setting up the Poâ—â— Religion have therefore taken into their serious Consideration how the mischievous Attempts might be most speedily and effectually prevented wherein the Honor Safety and Interest of this Kingdom are most nearly and fully concerned Wherefore they do hereby declare That they do intendâ— serve His Majesty with their Lives and Fortunes for the Suppressinâ— of this wicked Rebellion in such a way as shall be thought most effectualâ— by the Wisdom and Authority of Parliament and thereupon have ordereâ— and provided for a present Supply of Money and raising the Number of Six thousand Foot and Two thousand Horse to be sent from England being â—â—e full Proportion desired by the Lords Justices and His Majesty's Councâ— resident in that Kingdom with a Resolution to add such further Succours as the Necessity of those Affairs shall require They have also resolved of providing Arms and Munition not only for those Men but likewise for His Majesty's faithful Subjects in that Kingdom with store of Victuals and other Necessaries as there shall be occasion and that these Provisions may more conveniently be transported thither they have appointed Three several Ports of this Kingdom that is to say Bristol Westchester and one other in Cumberland where the Magazins and Storehouses shall be kept for the Supply of the several Parts of Ireland They have likewise resolved to be humble Mediators to His Most Excellent Majesty for the Incouragement of those English or Irish who shall upon their own Charges raise any Number of Horse or Foot for His Service against the Rebels that they shall be honourably rewarded with Lands of Inheritance in Ireland according to their Merits And for the better inducing the Rebels to repent of their wicked Attempts they do hereby commend it to the Lord Lieutenant of Ireland or in his absence to the Lord Deputy or Lords Justices there according to the Power of the Commission granted them in that behalf to bestow His Majesty's gracious Pardon to all such as within a convenient Time to be declared by the Lord Lieutenant Lord Deputy or Lords Justices and Council of that Kingdom shall return to their due Obedience the greatest part whereof they conceive have been seduced upon false Grounds by the cunning and subtile Practices of some of the most malignant Rebels Enemies to this State and to the Reformed Religion and likewise to bestow such Rewards as shall be thought fit and published by the Lord Lieutenant Lord Deputy or Lords Justices and Council upon all those who shall arrest the Persons or bring in the Heads of such Traytors as shall be personally named in any Proclamation published by the State there And they 〈◊〉 hereby exhort and require all His Majesty's loving Subjects both in this and in that Kingdom to remember their Duty and Conscience to God and his Religion On the Twentieth day of November the Lords Justices wrote again to the Earl of Leicester Lord Lieutenant for Supplies of
thousand five hundred Pounds yet for the better furthering of the Service we desire Ten thousand Pounds if it may stand with your Convenience 6. That their Pay which was condescended unto from the Eighth of December be presently advanced to the Eighth of February next against which time we are confident they shall be ready to march 7. That a Man of Wâ—r or some Mâ—rchants Ships be sent from Bristol Westchester or Dublin to 〈◊〉 for a Safe Convoy and Guard of the Passage because they 〈…〉 Boats may be subject to Inconveniences from the Enemy 〈…〉 we hear are towards that Coast 8. That the sending 〈…〉 thâ—se Men be without prejudice to the Proceeding of the Treaty which we desire may go on without any delay Westm 24. Jan. 1641. JA. PRYMROSE Which Proposals were approved of by Both Houses but the King disliked the Third Article as appears by His Answer viz. His Majesty having perused and considered these Eight Propositions presented by the Scots Commissioners doth willingly consent to them all except only the Third which His Majesty doth not approve and wisheth the Houses to take that Article again into Consideration as a Business of very great Importance which His Majesty doubts may be prejudicial to the Crown of England and the Service intended And if the Houses desire it His Majesty shall not be unwilling to speak with the Scots Commissioners to see what Satisfaction he can give them therein And the next day they waited upon him and told him That since it was only Matter of Trust that was in debate they hoped that he who was their Native King would not shew less Confidence in them than the English Nation had done Whereupon His Majesty consented rather than the necessary Supplies for Ireland should be delay'd And on the Fourteenth of February a Committee of Both Houses went with a Message to the Spanish Ambassador to this effect That the Parliament were informed Husbands 79. That some Vessels in Dunkirk laden with Arms and Ammunition were designed for Ireland and that if they or any such Ships were suffered to go thence it should be interpreted a Breach of the Peace between England and Spain To which the Ambassador answered That he would be careful to continue the League between both Crowns and did assure them that those Ships were not bound for Ireland And on the same Fourteenth day of February His Majesty sent a Message to Both Houses in which are these Words For Ireland in behalf of which His Majesty's Heart bleeds as His Majesty hath concurred with all Propositions made for that Service by His Parliament so He is resolved to leave nothing undone for their Relief which shall fall within His possible Power nor will refuse to venture His own Person in that War if His Parliament shall think it convenient for the Reduction of that miserable Kingdom And in the same Month the Parliament knowing that the Sale of the Rebels forfeited Estates was the best way to prevent future Rebellions by English Plantations in Ireland and to raise Money for suppressing of this did vote as followeth viz. THe Lords and Commons taking into their serious Considerations Husbands 84. as well the Necessity of a speedy Reducing of the Rebels of Ireland to their due Obedience as also the great Sums of Money that the Commons of this Realm have of late paid for the Publick and Necessary Affairs of the Kingdom whereof the Lords and Commons are very sensible and desirous to embrace all good and honorable Ways tending to His Majesty's Greatness and Profit the Setling of that Realm and the Ease of His Majesty's Subjects of England And whereas divers Worthy and Well-affected Persons perceiving that many Millions of Acres of the Rebels Lands of that Kingdom which go under the name of Profitable Lands will be confiscate and to be disposed of and that in case Two Millions and a half of those Acres equally taken out of the Four Provinces of that Kingdom may be allotted for the Satisfaction of such Persons as shall disburse any Sums Money for the Reducing of the Rebels there it would effectually accomplish the same have made these Propositions ensuing 1. That Two Millions and a half of those Acres may be assigned allotted and divided amongst them after this Proportion viz. For each Adventurer of 200 l. 1000 Acres in Ulster 300 l. 1000 Acres in Conaught 450 l. 1000 Acres in Munster 600 l. 1000 Acres in Leinster all according to English Measure and consisting of Meadow Arable and profitable Pasture the Bogs Woods and barren Mountains being cast in over and above These two Millions and a half of Acres to be holden in free and common Soccage of the King as of his Castle of Dublin 2. That out of those two Millions and a half of Acres a constant Rent shall be reserved to the Crown of England after this Proportion viz. Out of each Acre thereof in Ulster 1 d. Conaught 1 ob Munster 2 q. Leinster 3 3. That for the erecting of Mannors settling of Waste and Commons maintaining of Preaching Ministers creating of Corporations and regulating of the several Plantations one or more Commissions be hereafter granted by Authority of Parliament 4. That Monies for this great Occasion may be the more speedily advanced all the Undertakers in the City of London and within 20 Miles distance thereof shall under-write their several Sums before the Twentieth day of March 1641. and all within Sixty Miles of London before the First day of April 1642. and the rest of the Kingdom before the First day of May 1642. 5. That the several Sums to be under-written shall be paid in at four Payments viz. one fourth part within ten days after such under-writing and the other three parts at three Months three Months and three Months all to be paid into the Chamber of London 6. That for the better Securing of the said several Sums accordingly every one that doth so under-write shall at the time of his Subscription pay down the twentieth part of the Total Sum that shall be by him then under-written And in case that the residue of his first fourth part be not paid in to such person or persons as shall be appointed to receive the same within the ten days before limitted then such Party shall not only forfeit the twentieth part of the Sum total formerly deposited but so much more of his first fourth Payment to be added thereunto as shall make up the one Moyety of the said first Payment And if the same Person shall fail in any other of the three Payments he shall then Forfeit his entire first fourth and all the Benefit of his Subscription which Forfeiture shall accrue to the common Benefit of the rest of the Undertakers The Lords and Commons upon due and mature Deliberation of these Propositions have approved of them and given their consent unto the same and will become humble Petitioners to His Majesty for His Royal Approbation thereof and
that hereafter he will be pleased upon the humble Suit of both Houses of Parliament to give His Royal Assent to such Bills as they shall tender unto him for the setling of those Propositions and all other things necessarily conducing thereunto Ibid. 86. And on the Twenty fourth of February His Majesty returned His Gracious Answer in Approbation of these Votes in haec verba viz. That as he hath offered and is still ready to venture His own Royal Person for the Recovery of that Kingdom if His Parliament shall advise him thereunto so He will not deny to contribute any other Assistance he can to that Service by parting with any Profit or Advantage of his own there and therefore relying on the Wisdom of His Parliament doth consent to every Proposition now made to him without taking time to examine whether this course may not retard the reducing of that Kingdom by exasperating the Rebels and rendring them desperate of being received into Grace if they shall return to their Obedience It would be too tedious to relate all that was done in this Affair of the Adventurers and therefore all that I shall mention here upon that Head is That these Votes produced several Acts of Parliament in Confirmation of them and raised the Sum of 400000 l for the Irish War But on the 9th day of March in the Declaration presented to the King at Newmarket Husbands 97. the Parliament inserted this Article viz. That the Rebellion in Ireland was framed and contrived here in England and that the English Papists should have risen about the same time we have several Testimonies and Advertisements from Ireland and that is a common Speech amongst the Rebels wherewith concur other Evidences and Observations of the suspicious Meetings and Consultations the tumultuary and seditious Carriage of those of that Religion in divers parts of this Kingdom about the time of the breaking out of the Irish Rebellion the Deposition of O Conally the Information of Master Cole Minister the Letter of Tristram Whitcombe the Deposition of Thomas Crant and many others which we may produce do all agree in this the publick Declaration of the Lords Gentlemen and others of the Pale That they would joyn with the Rebels whom they call the Irish Army or any other to recover unto His Majesty His Royal Prerogative wrested from him by the Puritan Faction in the House of Parliament in England and to maintain the same against all others as also to maintain Episcopal Jurisdiction and the lawfulness thereof these two being Quarrels upon which His Majesties late Army in the North should have been incensed against us To which His Majesty Answers thus Ibid. 106. If the Rebellion in Ireland so odious to all Christians seems to have been framed and maintained in England or to have any countenance from hence We conjure both Our Houses of Parliament and all Our loving Subjects whatsoever to use all possible means to discover and find such out that we may joyn in the most exemplary Vengeance upon them that can be imagined But We must think Our self highly and causelesly injured in Our Reputation if any Declaration Action or Expression of the Irish Rebels any Letter from Count Rosettie to the Papists for Fasting and Praying or from Tristram Whitcombe of strange Speeches uttered in Ireland shall beget any Jealousie or Misapprehension in Our Subjects of Our Justice Piety and Affection it being evident to all Understandings That those mischievous and wicked Rebels are not so capable of great Advantage as by having their false Discourse so far believed as to raise Fears and Jealousies to the Distraction of this Kingdom the only way to their Security And we cannot express a deeper sense of the Sufferings of Our poor Protestant Subjects in that Kingdom than We have done in Our often Messages to both Houses by which We have offered and are still ready to venture Our Royal Person for their Redemption well knowing That as We are in Our own Interest more concerned in them fo We are to make a strict Accompt to Almighty God for any Neglect of Our Duty or their Preservation And on the 15th of March 113. from Huntington the King sent this Message viz. That he doth very earnestly desire that they will use all possible Industry in expediting the business of Ireland in which they shall find so chearful a Concurrence by his Majesty that no Inconvenience shall happen to that Service by his Absence he having all that Passion for the reducing of that Kingdom which he hath expressed in his former Messages and being unable by words to manifest more Affection to it than he hath endeavoured to do by those Messages having likewise done all such Acts as he hath been moved unto by his Parliament therefore if the Misfortunes and Calamities of his poor Protestant Subjects there shall grow upon them tho' His Majesty shall be deeply concerned in and sensible of their Sufferings he shall wash his hands before all the World from the least Imputation of Slackness in that most necessary and pious Work Whereupon the Parliament Voted the next day Ibid. That those Persons that advise His Majesty to absent himself from the Parliament are Enemies to the Peace of this Kingdom and justly to be suspected to be Favourers of the Rebellion in Ireland Resolved c. 1642. That those Persons that advised His Majesty to this Message are Enemies to the Peace of this Kingdom and justly to be suspected to be Favourers of the Rebellion in Ireland The Year 1642. began with Sir Symon Harcourt's Expedition against Carrickmain in the County of Dublin on the Twenty sixth of March which proved fatal to him nevertheless his Lieutenant-Colonel Gibson took the Castle and put all within it to the Sword refusing to give Quarter to those obstinate Rebels that had slain his beloved Colonel And about the same time all the Popish Priests that could be found in Dublin were by the Lords Justices sent in French Bottoms to France In the beginning of April 1642. Doctor Jones afterwards Bishop of Meath and Seven other Divines who by Virtue of a Commission dated the 23d of December 1641. had taken many Examinations about the Rebellion and the Murders Plunders and Robberies committed by the Irish did out of their Depositions form a Remonstrance and being recommended by the Lords Justices and Council they did Present it to the Commons House of Parliament in England It set forth That the Rebellion was occasioned by the ancient Hatred which Papists bear to Protestants and by their Surfet of Freedom and Indulgence in that Kingdom That the Design was to eradicate the Protestant Religion and the Professors of it that the Rebellion was general and of a long Contrivance that sometimes they pretended the Kings Commission and sometimes spoke Contemptibly of his Majesty that they designed to extirpate all of English Extraction even the very Papists that they kicked Bibles up and down and
they presented a handsom Address to His Majesty at Oxford quod vide Burlace 112. and on the First of December they received the following Gracious Answer from the King THat His Majesty hath since the beginning of that monstrous Rebellion had no greater Sorrow than for the Bleeding Condition of that His Kingdom and as He hath by all Means laboured that timely Relief might be afforded to the same and consented to all Propositions how disadvantagious soever to Himself that have been offered Him for that purpose and at first recommended their Condition to Both Houses of Parliament and immediately of His own mere Motion sent over several Commissions and caused some Proportion of Arms and Ammunition which the Petitioners well know to have been a great Support to the Northern Parts of that Kingdom to be conveyed to them out of Scotland and offered to find Ten thousand Voluntiers to undertake that War but hath often since prest by many several Messages that sufficient Succours might be hastned thither and other Matters of smaller Importance laid by which did divert it and offered and most really intended in His own Royal Person to have undergone the Danger of that War for the Defence of His Good Subjects and the Chastisement of those perfidious and barbarous Rebels and in His several Expressions of His Desires of Treaty and Peace hath declared the miserable present Condition and certain future Loss of Ireland to be one of His principal Motives most earnestly to desire that the present Distraction of this Kingdom might be compos'd and that others would concur with Him to the same End So His Majesty is well pleased that His Offers Concurrence Actions and Expressions are so rightly understood by the Petitioners and those who have imployed them notwithstanding the groundless and horrid Aspersions which have been cast upon Him but wishes That instead of a mere General Complaint to which His Majesty can make no Return but of Compassion they could have digested and offered to Him any such Desires by consenting to which He might convey at least in some degree Comfort and Life to that gasping Kingdom preserve His Distressed and Loyal Subjects of the same from inevitable perishing and the True Protestant Religion from being scorn'd and trampled on by those Merciless and Idolatrous Rebels And if the Petitioners can yet think on any such and propose to his Majesty He assures them That by his readiness to Consent and his Thanks to them for the Proposal he will make it appear to them that their most pressing personal Sufferings cannot make them more desirous of relief than his Care of the true Religion and of his faithful Subjects and of that Duty which obliges him to his Power to protect both renders him desirous to afford it to them But whatever good words the Irish Protestant Committee met with it is certain they got but very little Assistance so that the Lords Justices were reduced to the last Extremity whereupon they ordered the Citizens of Dublin to bring in half their Plate to be Coyned promising that they should be satisfied for it out of the next Supply and upon this Proclamation Twelve hundred Pounds worth of Plate was brought in Tho there were but three Papists that sent in any But it is time to return to the Army which was in great straits in Dublin and exceedingly oppressive to the Inhabitants it was therefore ordered they should enlarge their Quarters and the Lords Justices and some others having Coyned their own Plate to enable it to march It did accordingly issue out of Dublin to the number of Two thousand five hundred Foot and Five hundred Horse under the Marquess of Ormond on the Second of March and on the Third took Castlemartin and Tully and on the Fourth took Tymolin with the Slaughter of One hundred Rebels and on the Twelfth they came before the Town of Ross and having made a Breach in the Walls they assaulted it but without effect whereupon the Irish Army under General Preston consisting of Six thousand Foot and Six hundred and fifty Horse drew so near that they sent a considerable Supply into the Town and put a necessity upon the English Army not only to draw off from the Siege but also to give them Battel whereupon some of the Horse really suspected that Ormond had betrayed them and tho' most of them were Men of known Courage yet they fled very early and before the Battel was well begun however Ormond maintained the fight with his Infantry and the Horse that staid with him and at the same time gave Demonstration both of his Integrity Battel of Ross 18th of March 1642. and of that Presence of mind which was natural to him and never left him in the greatest Adversity and the issue was a compleat and entire Victory over the Irish Army whereof Lieutenant General Cullen and the rest of the Prisoners and the Baggage that was taken were undeniable Evidences nevertheless there were not above Three hundred of the Rebels slain in this Battel but many of them were principal Commanders and Persons of Note In Munster 1642. Affairs were managed this Year with alternate Success the English prospered well enough in the County of Cork but suffered in most other parts of the Province in April the valiant Bandonians took the Castle of Downdaniel and killed One hundred Rebels near Powlalong and got considerable Booty in both places and afterwards being assisted by the English at Kinsale they did on the Fourth of May take the strong Castle of Carriginass and the next day the Castle of Powlalong was surrendred to them and the Castle of Kilgoban was deserted by the Ward And about the same time Captain Scurlock with about Seven hundred Rebels of the County of Waterford made a brisk Attempt on Capoquin but the valiant Governour Captain Crocker with One hundred Men encountred him in the Town and killed Scurlock and routed his Forces On the Eighteenth of May the Lord of Insiquin defeated a Party of Irish in the Barony of Fermoy and killed above One hundred of them and on the Nineteenth Colonel Brocket Landed at Kinsale with Four hundred and sixty Men of Sir John Pawlett's Regiment of Foot whereupon Mountlong was deserted by the Irish on the Twenty fifth and the same day the Castle of Ballincolly was taken by the Lord President and on the Twenty ninth the Castles of Coolmain and Kilbrittain were taken by the Bandonians as the Castle of Cloleigh was on the Twenty third of July by the Earl of Barrymore But in the midst of these small Victories the Lord President Saintleger died at Cork on the Second of July whereupon the Government of that Province in civil Matters was committed to the Earl of Barymore and Lord of Insiquin but the Military Affairs were subjected to the Lord of Insiquin's sole Command And on the Fourth of July the Lord Broghill on his return from the relief of Knockmone met a Party of Rebels strongly
therefore We expected at least Thanks for such Our inclination For the Danger to Our Person We conceive it necessary and worthy of a King to adventure his Life to preserve his Kingdom neither can it be imagined That We will sit still and suffer Our Kingdoms to be lost and Our good Protestant Subjects to be Massacred without exposing Our own Person to the utmost hazard for their Relief and Preservation Our Life when it was most Pleasant being nothing so precious to Us as it is and shall be to govern and preserve Our People with Honour and Justice For any Encouragement to the Rebels because of the Reports they raised We cannot conceive that the Rebels are capable of a greater Terror than by the Presence of their Lawful King in the Head of an Army Besides it will be an unspeakable advantage to them if any Reports of theirs could hinder Us from doing any thing which were fit for Us to do if such Reports were not raised This would quickly teach them in this jealous Age to prevent by such Reports any other Persons coming against them whom they had no Mind should be employed We marvel that the Adventurers whose advantage was a principal Motive next the Reason before mentioned to Us should so much mistake Our Purpose whose interest We conceive must be much improved by the Expedition We hope by Gods Blessing to use in this Service this being the most probable way for the speedy Conquest of the Rebels and their Lands are sufficiently secured by Act of Parliament We think not Our Self kindly used That the Addition of so few Men to your Levies for a Guard to Our Person in Ireland should be thought fit for your refusal and much more that having used so many Cautions in that Message both in the smalness of the number in Our having raised none until your Answer In their being so raised only near their place of Shipping in their being there to be Armed and that not till they were ready to be Shipped In the Provision by the Oaths that none of them should be Papists all which appears sufficient to destroy all Grounds of jealousie of any force intended by them in opposition to the Parliament or favour to any Malignant Party any suspition should notwithstanding be grounded upon it Neither can it be understood That when We recommended the managing of that War to you that We intended to exclude Our Self or not to be concerned in your Counsels That if we found any expedient which in Our Conscience or Understanding We thought necessary for that great Work We might not put it in Practice We look upon you as Our great Council whose Advice We always have and will with great Regard and Deliberation weigh and consider But We look upon Our Self as neither deprived of Our Royal understanding or devested of any Right We had if there were no Parliament sitting We called you together by Our own Writ and Authority without which you could not have met to give Us faithful Counsel about Our great Affairs But We resigned not up Our own Interest and Freedom We never subjected Our Self to your absolute Determination We have always weighed your Counsels as proceeding from a Body entrusted by Us And when We have dissented from You We have returned You the Reasons which have prevailed with Our Conscience and Understanding with that Candor as a Prince should use towards his Subjects And that Affection which a Father caâ—â—xpress to his Children What Application hath been used to rectiâ—ie ouâ—â—â—derstanding by Reason or what Motives have been given to perswade our Affections We leave all the World to judge And then We must tell you howsoever a Major part may bind you in Matter of Opinion We hold our Self and We are sure the Law and Constitution of the Kingdom hath always held the same as Free to dissent till our Reason be convinced for the General good as if you delivered no Opinion For our Journey it Self The Circumstances of your Petition are such as We know not well what Answer to return or whether We are best to give any That part which pretends to carry Reason with it doth no way satisâ—ie Us The other which is rather Reprehension and Menace than Advice cannot stagger Us. Our Answer therefore is That We shall be very glad to find the work of Ireland so easie as you seem to think it which did not so appear by any thing known to Us when We sent our Message And tho We will never refuse or be unwilling to venture our Person for the good and safety of our People We are not so weary of our Life to hazard it impertinently and therefore since you seem to have received Advertisement of some late and great Successes in that Kingdom We will stay some time to see the event of those and not pursue this resolution till We have given you a second Notice But if We find the miserable Condition of our poor Subjects of that Kingdom be not speedily relieved We will with Gods assistance Visit with Succours as our particular Credit and Interest can supply Us with if you refuse to joyn with Us. And We doubt not but the Leagues We shall make in which We will observe punctually the former and all other Cautions as may best prevent all Fears and Jealousies and to use no Power but what is legal will be so much to the Satisfaction of our Subjects as no Person will dare presume to resist our Commands and if they should at their Perâ—l In the mean time We hope our forwardness so remarkable to that Service shall be notorious to all the World and that all Scandals laid on us in that business shall be clearly wiped away We were so careful that our Journey into Ireland should not interrupt the Proceedings of Parliament nor deprive our Subjects of any Acts of Justice or further Acts of Grace for the real benefit of our People that We made Free offer of leaving such Power behind as should not only be necessary for the Peace and Safty of that Kingdom but fully provide for the happy Progress of the Parliament And therefore We cannot but wonder since such Power hath been always left here by Commission for the Goverment of this Kingdom when our Progenitors have been out of the same during the sitting of Parliament And since your selves desired that such a Power might be left here by Us at our last going into Scotland What Law of the Land have ye now found to dispense with you from submitting to such Authority legally derived from Us in our absence and to enable you to Govern this Kingdom by your own meer Authority For our Return towards London We have given you so full an Answer in our late Declaration and in Answer to your Petition presented to Us at York the Twenty sixth of March last That We know not what to add If you will not provide for our Security with you nor agree to remove to
Ormond answers that Reply and the Twenty ninth of August they answer that And so after many alternate Messages and Expostulations on the First of September they began to ascertain the respective Quarters and the Irish Commissioners having on the Second of September proposed That the Limitation of Quarters should relate to the Day of Concluding the Cessation the Marquis of Ormond on the Third of September did offer a Temporary Cessation from that Day that they might be at the more leisure to manage the Treaty To which they answer the same day That the Lord Moor and Colonel Monk had invaded their Quarters and Garison'd some Undefencible Houses and Castles and if those be restor'd they are contented that both Armies may withdraw to their respective Garisons Ormond replies That he will consent to withdraw both Armies and as to the Restitution of Places it shall be considered in the Settlement of the Quarters and that many of those called Undefencible Places tho' not thought worthy of a Garison yet were for a long time absolutely in his Power and in the English Quarters and some of them not far from the Gates of Dublin and therefore not fit to be restor'd On the Fifth of September they proceeded about limiting the respective Quarters and on the Sixth of September Ormond writes to them That he heard their Forees besieged Tully a Garison Commanded by Sir George Wentworth who was imployed in procuring Necessary Provisions for him and desires the Siege might be rais'd But the Commissioners reply'd That Monk went to Wicklow the Twenty sixth of August and continues there ravaging and destroying the Country That this very Garison of Tully took away the Corn at Madingstown and therefore they could not hinder a Reprisal but if any of his Lordships Provisions be intercepted they shall be restor'd On the Seventh of September Ormond insisted on withdrawing their Forces from Tully and thereupon they sent an Order to Castlehaven to draw off his Army knowing I suppose that he had taken the Castle and propos'd a Temporary Cessation to the Marquis On the Eighth of September Ormond proposes That the Protestant Clergy and Proprietors may have a Proportion of their Estates in the Irish Quarters to support them and that where Goods were delivered in trust to any Irishman they may be restor'd On the Ninth Quarters were setled and the Preservation of Woods agreed upon but for the Clergy and Proprietors nothing could be done because the Cessation was Temporary and Sufferings of that kind they said were reciprocal On the Tenth of September the Irish Commissioners denied to continue a Cessation as to the County of Kildare unless it may be for the whole Province of Leinster which Ormond would not consent to Then they offered a Supply of Thirty thousand Pounds but on the Eleventh the Marquiss sent a Message to the Commissioners to order the Earl of Castlehaven to forbear farther Acts of Hostility since the Treaty was so near a Conclusion which they did and Ormond did the like to his Forces But it seems Castlehaven notwithstanding their publick Orders knew their private Meaning and therefore marched farther off to the Castle of Disert in the Queens County which he took after the Cessation was finished But on the Twelfth they insisted upon the Name and Title of His Majesty's most Faithful Subjects the Catholicks of Ireland and said That they used it in their immediate Addresses to the King but Ormond replied That he held it not proper at that time to be used to him On the Thirteenth they agreed That the Quarters should relate to the Day of the concluding the Cessation but the Marquis insisted That it was indecent for them to use Force in the County where His Majesty's Commission of Favour was executing and therefore required the Restitution of what they had taken in the County of Kildare since the last of August But on the Fourteenth of September this was refused on pretence that the English had incroach'd upon them in the same County by Garisoning undefensible Places but they offered the fourth Sheaf of Tully and all such Places so subdu'd or 800 l. in lieu of it The Marquis then propos'd to have the Cessation declar'd as from that time since all was agreed but the Commissioners said the Articles might be perfected by next day Noon and till then the Cessation could not be said to be made And so on the Fifteenth day of September the Cessation was concluded and the Articles and Instrument mentioned Appendix 16. were perfected and a Proclamation by the Lords Justices and Council for the Observation thereof issued accordingly bearing date at Dublin the Nineteenth day of September 1643. and Circular Letters were likewise sent by them to all Parts of the Kingdom to give Obedience thereunto But before the Marquis of Ormond would finish this Treaty he consulted all the Great Men and the Chief Commanders then with him who gave their Opinions as in the following Instrument is contained WHEREAS the Lord Marquis of Ormond hath demanded the Opinions as well of the Members appointed from the Council-board to assist his Lordship in the present Treaty as of other Persons of Honor and Command that have since the beginning thereof repaired out of several Parts of this Kingdom to his Lordship They therefore seriously considering how much His Majesty's Army here hath already suffered through want of Relief out of England though the same was often pressed and importuned by His most Gracious Majesty who hath left nothing unattempted which might conduce to their Support and Maintenance and unto what common Misery not only the Officers and Soldiers but others also His Majesty's good Subjects within this Kingdom are reduc'd And further considering how many of His Majesty's Principal Forts and Places of Strength are at this present in great distress and the imminent Danger the Kingdom is like to fall into And finding no possibility of prosecuting this War without large Supplies whereof they can apprehend no hope nor possibility in due time They far these Causes do conceive it necessary for His Majesty's Honor and Service That the said Lord Marquis assent to a Cessation of Arms for one whole Year on the Articles and Conditions this day drawn up and to be perfected by virtue of His Majesty's Commission for the Preservation of this Kingdom of Ireland Witness our Hands the Fifteenth day of September 1643. Clanrickards St. Albans Roscomon Richard Dungarvan Edward Brabazon Inchiquin Thomas Lucas James Ware Michael Ernly Foulk Hunks John Pawlet Maurice Eustace Edward Povey John Gifford Philip Persival Richard Gibson Henry Warren Alanus Cooke Advocatus Regis But the News of this Cessation met with different Entertainment according to the Interests and Inclinations of those it was carried to At the Court of England it was received with Joy and Ormond's Conduct and Fidelity magnified beyond measure It was admired that he could preserve His Majesty's Grandeur throughout the whole Treaty by not admitting the
Assistance of the Lord Digby they brought the matter so far to bear that on the 12th of November the Lord Digby writes thus to the Lord Lieutenant Yesterday the Lord Clanrickard and I finished our Negotiations to which Preston and his Army and Sir Philem O Neal and part of Owen Roes Army will submit You may depend on this Engagement of Preston and his Army since it cannot be violated without such a Perâ—idy ☞ as certainly the Profession of Soldiers and Gentlemen hath never been guilty of The most that will be expected from you is a Declaration to this effect That whereas it is well known even by His Majesties Printed Letters that His gracious Intentions were to secure His Catholick Subjects of this Kingdom in the free Exercise of their Religion by repeal of the Penalties of the Law against them which in the last Articles was left out by the Subtilty of some of their own Party who intended to found this late mischief upon it that it was far from His Majesties intention or Yours to take advantage of that Omission but that they may rest as secure of His Majesties Favour in the repeal of the said Penalties as if it had been positively exprest in the Articles and that for matter of their Churches and Ecclesiastical Possessions it being referred to the King it was far from Your intentions to molest them therein till you knew His Majesties Pleasure in that particular As for your Engagement to obey His Majesties free Commands the Queen and Prince of Wales and my Significations to the advantage of the Catholicks during His Majesties want of Freedom and that you will not obey such Commands to the prejudice of what is undertaken as shall be procured by advantage of His Majesties want of Freedom Your Letter to the Marquis of Clanrickard will suffice you must proceed frankly c. And this was the Posture of Affairs when on the 14th of November Commissioners arrived from the Parliament with Fourteen hundred Foot and other Necessaries for the Preservation of Dublin which they expected to be given up to them upon the Terms proposed In what Condition was the Marquiss of Ormond now he had two inconsistent Treaties upon his hands and both well nigh concluded and he was in Danger least his own Army who abhorred any farther Correspondence with the Irish would with the Assistance of the Fourteen hundred Men newly come Deliver up both Dublin and him to the Parliament of England It is certain he had need of all that Dexterity and Presence of mind that he was Master of to extricate himself out of these Difficulties as he afterwards did It was never a Doubt with him whether he should preserve the Kingdom for his Majesty or submit it to the Parliament but the Question was whether an Union with the Irish would do the former since their Levity was such as that there could be no dependance upon them I have seen all the dispatches between Ormond and Digby upon this occasion and can assure the Reader that the Lord Lieutenant was prevailed upon against his own Judgment by the Lord Digby's importunity and when he did Consent he foretold the issue of that Reconciliation But we will first give an Account of the Treaty with the Parliament Commissioners and then discover the farther Proceedings with the Irish The Lord Lieutenant and Council being pressed by Enemies without and Necessities and intolerable Wants in the City did on the 26th day of September by Letters to the King and to the Lord Mayor of London represent the miserable Condition they were in and did also send over the Lord Chief Justice Lowther Sir Francis Willoughby and Sir Paul Davis in one of the Parliaments ships to the Parliament of England with Instructions from himself and the Council and other Instructions from the Council only The Instructions from the Lord Lieutenant and Council were 1. That a Difference ought to be made the between those that were Contrivers and first Actors of the Rebellion and those that by the Torrent of that Rebellion were afterwards accidently engaged therein and that the Confiscatitions of the former were sufficient to satisfie the Adventurers 2. That they demonstrate the necessity of making the late Peace for the Preservation of the Protestants for tho' the Protestants do survive the breach of the Peace the Reason is because the Irish are now divided and their Frame of Government dissolved 3. That before the Peace they the Lord Lieutenant and Council did enter into a Treaty with the Parliament Commissioners in Ulster to prevent it but by the Departure of the Marquis of Argile into Scotland and of Sir Robert King into England that Treaty fell for want of a sufficient number of the Commissioners and that misfortune was followed by the defeat of Monroe and the Scots at Bemburb 4. That England has receiv'd advantage by the Peace First by their experience of the perfidiousness and Treachery of the Irish ☞ And Secondly by obtaining just cause to use them severely 5. That the Covenant may not be impos'd until it be done by Act of Parliament that nothing of it may be now imposed lest it divide the Protestants and hinder them from a joynt prosecution of the War and for the same Reason the Book of Common Prayer be not suppressed but let those use the Directory that will 6. To â—ustifie the Goverment and Conduct of His Majesties Servants and to wipe off all Scandals 7. To preserve the Estates Persons and Imployments of all those that went hence to serve His Majesty in England and did not joyn with the Rebels at least to get them Liberty to compound or to transport themselves and their Goods 8. That it be immediately published we have free Commerce and Traffick with the Parliaments Towns and Allies and that three or four Ships be sent to Guard our Coasts from the Rebels 9. That Magazines of all sorts be speedily prepared at Liverpool Chester c. 10. To advise them that if Succours be not immediately sent all will be lost and the recovery of it will cost ten times as much Blood and Treasure as it will to keep it now 11. That if the Soldier be not constantly Paid he will revolt to the better Pay-master and that the Revenue here does not keep the publick Persons and Clergy from want 11. That Directions be sent to the Parliaments Forces in Ulster Munster and Conaught to correspond and joyn with Us. 12. That if they send Forces under their own Officers Care be taken to Pay ours equally with theirs to prevent Difference and Mutiny 13. That Sir Francis Butler Colonel Richard Gibson Colonel Henry Warren Colonel Monk and Lieutenant Colonel Gibs now Prisoners with the Parliament Being Men that know the Country and are experienced in the Service may be rather sent than Novices and Strangers or any others Lastly Men without Money and Victuals will do us more harm than good And if as soon as you are
World upon whose Loyalty and Conduct in the Affairs of Ireland His Majesty did most depend But there is yet a greater Mystery in the matter and it was thus Whilst Ormond was in England the Scots * Earl of Lanerick Earl of Lauderdale 〈…〉 Commissioners finding what usage was design'd to the King did endeavour to retreive the Honour of their Nation by doing something extraordinary in his Favour and the Presbyterians every where finding the prevailing Independents did despise the Sanctity of the Covenant and the Supporters thereof began to be Alarm'd so a proper Juncture of doing Service to the King was suddenly expected hereupon Ormond by the Kings Order met the Scotch Commissioners near Marlow and they for Scotland and he for Ireland undertook to promote His Majesties Service and in order to it he went to France and so into Ireland to prosecute this Design and not in Answer to the Irish Ambassy as they sancied and the same Reason prevailed upon Insiquin to joyn with him and it was pursuant to this Treaty that the Earl of Lanerick then Duke Hamilton invaded the Kingdom of England But as soon as the Parliament Commissioners in Ireland understood 27th July that the Marquiss of Ormond intended to return to that Kingdom they did all that was possible to prevent his Design and upon bare Suspicion seized upon Sir Maurice Eustace Sir John Gifford Sir Francis Willoughby Colonel William Flower the Lieutenant Colonels Ryves Capron and Smith Major John Stephens and Captain Peirce and kept them Prisoners in the Castle for some days and then sent them in Custody to Chester and they also kept Sir Thomas Lucas and Colonel Byron Prisoners at Tredagh As for the Military Motions this Year tho' they were not many nor in many Places Munster being entirely quiet and very little either of Leinster or Ulster disturbed yet they may be esteemed very considerable because they were between the Irish themselves for Insiquin had managed his Affairs so prudently by assisting the weaker side and the Nuncio had Acted so rashly in Excommunicating the Supream Council and their Adherents that Owen Roe and Preston and their Followers were engaged in as * Quod quidem ille acrius quam unquam fecerat in communes Religionis Regni hostes in Confederatos presecutus est Beling 118. fierce and as spiteful a War as any that had been since the Rebellion broke out so that Preston assisted by the Marquiss of Clanrickard took Athâ—one and besieged Athy and Insiquin in favour of the Supream Council besieged Fortfalkland and tho' Owen Roe came to relieve it and posted his Army so advantagiously between Insiquin and Munster that the English had certainly been starved if the generous Bounty of the Marquiss of Clanrickard had not supplyed them with Necessaries yet at length Owen Roe was forced to a retreat not much different from a Flight and the Fort was surrendered to Insiquiâ— and with these Losses November and this Disgrace Owen Roe was so netled that he ravaged over the whole County of Roscomon and took Jamestown and so obstinately Stormed Carigdrumrusk that Rory Macguire and most of his Regiment were there slain and in revenge of it the Garison being all Papists were put to the Sword And by this Campaign Owen Roe was so weakned that he offered a Cessation to Colonel Jones and to carry his Army to Spain if Jones would give him Liberty to do so And it seems That the Marquiss of Antrim had some Highlanders in the Counties of Wicklow and Wexford which being joyned with the Birnes and Cavenaghs who were of the Nuncio Faction and rejected the Peace gave such Disturbance to the Supream Council that they were fain to send Sir Edmond Butler and Sir Thomas Esmond to suppress them which at last they effected tho' not without considerable Slaughter on both sides In the mean time Jones took Ballysannon Nabber and Ballyho and many of the Scots being gone to assist Duke Hamilton's Invasion of England Colonel Monk by the means of Sir Price Coghrun and Lieutenant Colonel Cunningham surprized Carigfergus and in it Monroe September whom he sent Prisoner to London and then had an easie Conquest of Belfast and Colerain and Sir Charles Coot had no very hard one of the Fort of Culmore and for those good Services the Parliament Presented Colonel Monk with 500 l. and made him Governour of Carigfergus But in November the Irish Ambassadours to the Pope returned to Ireland and brought with them abundance of Relicks but no Money Beling 196. as may be easily gathered from the following Letter from Sir Richard Blake to Sir Robuck Linch Sir THIS day the Lord Bishop of Fernes and Mr. Plunket gave an account of their Negotiation to the House they made a full Representation to his Holiness of the desperate Condition of the Kingdom that without present and good Supplies which they expected from his Holiness there was no hope of the Preservation of the Catholick Religion or Nation That his Holiness was bound in Justice to do it his Nuncio here having in a General Assembly of the Confederates undertaken That the Sum promised Sir Kenelm Digby for the Wars of England upon good Conditions for Catholicks would be applied to the Service of the Catholick Confederates of Ireland but after four Months attendance their Answer was there being no Intelligence then of our Distance or Divisions with the Lord Nuncio or Owen O Neal That his Holiness hath sent by the Dean of Firmo a considerable Help unto us and that he had no account how that was disposed of That the Turks were in Candia and threatened Italy That there was great Scarcity of Corn in Rome and the adjoyning Territories and that a great Sum of Money must be issued to satisfy the Commoners That his Predecessor Pope Urban had left the Treasury empty and the See deeply charged with Debt That the Cardinals and others who had Pious Intentions to advance our Holy Cause were Poor and hardly able to maintain their own Ports so that nothing could be expected from them And for the Conditions the Agents expected from his Holiness for Religion upon our Treaty with the Queen and Prince he said that it was not proper for the See Apostolick to grant any Articles to Hereticks though it be true that Catholick Princes in Germany and other Kingdoms do it As for the Nuncio's Engagement That the Catholicks of Ireland should be Supplied by his Holiness in their Maintenance of the War that he had no such Commission though it was true that his Holiness would give Money for Conditions of Religion but none upon the Event of War Our Agents heard not of our Disunion and Raptures in this Kingdom until after their taking leave of his Holiness and then when the same was known and published in Rome they heard from some eminent Persons That what his Holiness was resolved to give for our Support he knew not to what Party he
the want of Provisions in the Navy his Highness did also raise some Forces which he sent to the Relief of Scilly and he also sent a Bill of 5000 Pistols to the new King Hereupon the Parliament sent their Sea-Generals Blake and Dean to block up this Fleet in Kinsale-Harbour which they did effectually all the Summer and took the Guinny-Frigot that was abroad and tho' the Prince did in person sollicite Waterford Cork and other Sea-ports for Assistance to sit out some Fire-ships yet at length it was resolved rather to let the Winter Storms remove the Enemy than to encounter them at so great disadvantage especially since the Prince could not be sure of his Men of whom so many deserted daily that it was found necessary to hang up ten of those Straglers for a terrour to the rest In the mean time Owen Roe sent a Message to his Highness That since he and Ormond had drawn and tasted of each others bloud he would never joyn with the Marquess but if his Highness would take the Command of the Kingdom he and all his would readily submit to One of the Bloud Royal. But this was counted a Complement which the Proposer knew the Prince could not accept of however it occasion'd that Capt. Leg was sent to hasten the King into Ireland but his Ship being taken he was for a long time imprison'd at Plimouth and by a Court-Martial condemn'd to die In the mean time the Prince was in great straits for all Necessaries and tho' he contracted his charge to the well Manning of four Frigats only besides his Flag-Ships yet there being no Supply from abroad Want over-took him even in this narrow Model and Reducement so that he was forc'd to rely on what his own personal Interest or Love to his Majesty's Cause could in so tottering a Conjuncture perswade People to lend And it was at this time that the Generous Loyalty of a private a Robert Southwell Esq Gentleman of Kinsale did signalize itself in furnishing the Prince with a considerable quantity of Provisions without which his Highness could not have gone to Sea and altho' at this time when Munster was meditating a Revolt to Cromwell which it soon after accomplished this action was of dangerous consequence to the Gentleman that did it yet he survived that danger and lived to be well considered for this Service by the Act of Settlement and as Marks of his Majesty's favour to be made one of the Council of Munster and Vice-Admiral of that Province and the Prince being enabled thereunto by these Supplies put to Sea and got safe to Lisbon But it is time to return to the Second Accident which I mentioned and that was The Departure of the Nuntio which happened in this manner The General Assembly of the Irish having approved of the Cessation with Insiquin and being exceedingly troubled at the Excommunication which the Nuntio had fulminated against all the Adherents thereunto and consequently against themselves they did not only imploy an Agent to prosecute their Appeal to the Pope but did also on the 19th of October write a Letter to the Nuntio then at Galway which Letter was signed by their Speaker and ordered him to withdraw out of the Kingdom at his peril and in it was enclosed a Schedule of Greivances occasioned by him and whereof they intended to impeach him to the Pope Tanquam qui huic parricidio occasionem dedissâ—t Beling 173. and it was also accompanied with a severe Declaration against all those that should correspond with his Reverence Whereupon finding that he had been one unhappy Cause of the King's Murder says Mr. Beling he took Ship at Galway on the 23d of February and returned to Rome where he was blamed by the Pope for acting so b Lemerarie se gesisti rashly Nevertheless the Irish could not be absolved from his unjust Excommunication for making a Truce with Insiquin P. W. Remonstrance 592. until they had done Penance in Forma Ecclesiae Consueta which imports an acknowledgement of the Crime But tho' the Nuntio was gone yet he had left Own Roe and his Army behind to support his Faction who together with the Marquess of Antrim did oppose the Peace because the six escheated Counties in Ulster were not restor'd to the old Irish Beling 165. and with these sided a Multitude of Fryers who railed against the late Peace and the scandalous Expulsion of the Nuntio and threatned inevitable Damnation to all those that should take part with the Lord-Lieutenant whereby the Peace became of little use to the King or advantage to his Affairs even whilst the Bishops and Secular Clergy adhered to it which was not long But on the 9th of March the King by his Letter from the Hague confirm'd the late Peace and ordered a new Great Seal to be made and to be disposed of to whom the Lord-Lieutenant should think fit and appointed the Lord of Insiquin to be Lord-President of Munster and the Marquess of Clanrickard to be Lord-President of Connaught if the Lord-Lieutenant find it convenient And thus ended the Year 1648. The Year 1649 opened with a Vote in the Parliament of England 1649. of the 28th of March That Oliver Cromwell should be General of all their Forces then in Ireland or that should be sent thither and accordingly he prepared dilligently for that Expedition But because besides his there were four other distinct Interests and Armies in that Kingdom viz. the King 's the Presbyterians the Supreme Council's and Owen Roe's it is necessary to treat of them separately to prevent confusion and that the Reader may the more clearly penetrate into the Intreigues of this Campaign And we will begin with the King 's both because it was his and because it was the most numerous and most considerable that of the Supreme Council being united unto it by vertue of the late Peace and many of the Presbyterians under the Lord of Ards falling into it afterwards it consisted of 3700 Horse and 14500 Foot under the Command of the Marquess of Ormond the Lord of Insiquin was Lieutenant-General of it and the Earl of Castlehaven was Lieutenant-General of the Foot and the Lord Taaf was Master of the Ordnance and thus composed part of this Army rendezvouz'd at Cashell on the 3d of May from whence Castlehaven was detach'd with a Party which took Rheban Maryburgh and Althy from Owen Roe's Souldiers with considerable slaughter and that being done it met at Cloghgrenan on the 26th of May and marching forward took Castle-Talbot Kildare Castlesalagh and Castlecarbry and on the 14th of June encamped at Naas And having rested two or three days they marched to Finglass and encamped there on the 18th of June and on the 19th a detached Party drew nearer Dublin and with some loss skirmished with the Enemies Horse and then return'd to Finglass and there Ormond received and dispos'd into convenient Quarters a great number of Papists whom Collonel Jones to
his Majestys having recalled our Commission and take pains to prove it by an unavoidable Dilemma or that at least we are not their Friend nor to be trusted by them And by another strong Argument they endeavour to prove his Majesty would not have his Authority at all kept over this Nation When by this means they have as they think shewed it impossible that the Peace can be continued which they know it cannot without the continuance of the King's Authority then they say If the Peace be proved the only Safety they are for it and that however they conceive the benefit thereof is due to them having made no breach on their part If they would make it their business to seek for Arguments to keep the King's Authority over them they might perhaps find many and these as convincing as those they have found to dispute it out of the Kingdom as the Conclusion and Ratification of the Peace here by vertue of his Authority precedent to the Declaration seeming to Annul it ☞ The certainty that he was in a free Condition when he gave the said Authority and Ratified the Peace concluded by it and the question that may be made whether he was so when he declared against it And lastly That by the Articles of Peace he is obliged to continue his Authority here from which Obligation no Declaration at least importuned from him by his Subjects of Scotland can free him or take from this Nation who have no dependance on Scotland the benefit of the Agreement made by his Majesty with them Upon these grounds it was that until his Majesty had been fully informed in all that had passed here and declared his free sence upon it we offered to justifie the Lawfulness of concluding the Peace and the continuing Validity of it to those that had not forfeited their Interest in it if we might have had the Concurrence of these Bishops and Obedience in the Places by the strength and means whereof it might have been justified And surely this was an Offer not meriting the Scorn and Bitterness wherewith it was rejected If they that contrived this Paper have made no breach of the Peace on their part we have lost much labour in the fore-passed Discourse But we believe we have proved they have made many rindx and those the highest it was possible to make And surely they must be very partial on their own side if they think the benefit of a thing they reject is due to them This is only a Profession which requires no Answer from us To this we answer That if they were always of Opinion all their Endeavours should be employed to keep the King's Authority over them their Declaration and Excommunication is a strange way of manifesting that Opinion which Declaration and Excommunication bears date before his Majesty's Declaration wherein they say he throweth away the Nation as Rebels So that whatever his Majesty hath done in withdrawing his Authority it is apparent their endeavour to drive it away was first in Time In their Advice of returning to the Confederacy appears the scope of their Dilemma's and Arguments against the continuance of the King's Authority over them which that thâ—â— may be sure to be rid of they say we have no Authority to leave Their Reasons why in Conscience they cannot consent to the Revocation of their Declaration and Excommunication follow The King's Authority was in 〈◊〉 when the Declaration and Excommunication was framed by them they acknowledged And that it is still in us notwithstanding his Majesty's said Declaration we are able to make good if we could find it of advantage to his Service or the Safety of his good Subjects But that they confess it is not in them to confer a new Authority upon us is one of the few Truths they have set down yet why they may not pretend to give as well as take away Authority and why they may not to us as well as to others we know not They further say it is destructive to the Nation if continued in us and preservative if in another And this they say was their sence when they declared against the King's Authority in our person We would gladly know what we have done to change their scope since the time that by their many professions formerly recited they seemed to be of another Opinion if it be for doing little or nothing we believe we have made it appear they are principally guilty of our being out of Action That it will be preservative to the Nation to have the Authority to Govern it in another we shall he glad to be convinced by the Event The losâ— of the Places mentioned here is answered elsewhere We shall only add That aâ— Cashell was lately deserted by some of those Men esteemed Obedient Children of Holy Church so the same Men could neither be perswaded nor forced into Kilkenny when they bad Orders for it and by that means both Places were lost What we declared at Cork in this particular was before the Conclusion of the Treaty of Peace and published in Print and then well known to many of these Bishops So that they ought then to be aware how they had concluded a Peace with one that had made such a Declaration rather than now after almost two Years to make it a ground of breaking the Peace What our Opinion is of the Covenant or the best Reformed Churches we hold not ourself obliged to declare Resolved we were to defend the Peace concluded by us in all the parts of it which we have faithfully endeavoured to do and should still have endeavoured it if we had not been interrupted affronted and wholly disabled therein by the Contrivement of those very Bishops their Brethren and Instruments Now at length they are come plainly to shew the true ground of their Exception to us which they have endeavoured all the while to diguise under the personal Scandals they have endeavoured to cast upon us ☜ They are afraid of Scandal at Rome for making Choice as they call it as if they might choose their Governours of one of a different Religion If this be allowed them why they may not next pretend to the same fear of Scandal for having a King of a different Religion ☜ and to the Power of choosing one of their own Religion we know not Touching any Agreement made between the Queen of England and his Holiness for a Governour for this Kingdom we have never heard of any such and we are most confident that in the Agreement and consequently in the want of Performance her Majesty is falsly aspersed by the Framers of this Paper We believe that no Prince or State that could not be induced to Succour or Countenance this Nation being under Obedience to their Natural King will Succour or Countenance it if it suffer itself to be seduced into Rebellion upon the Motives suggested by these Men and their Brethren which were to give exil Example to their
and Garrisons of Inniskilling Culmore Cloghouter Castlejordan Carlingford Monaghan c. they made no considerable Resistance And in Munster Sir Henry Ingolsby went with a party to block up Limerick in July and had the good fortune to rout 4000 Irish that came to relieve it whereof 900 were slain and many taken Prisoners and Colonel Phair in August not only disturbed the Lord Insiquin's Levies in Kerry but also took in the Castle of Kilmurry and was very troublesome to the Lords Roch and Muskry But Ireton having refreshed his Army at Waterford marched through Wicklow and having taken a prey of 1600 Cows he sent Sir Har dress Waller with half of them to re-inforce the Blockade of Limerick and Waller in his march did take the strong Castles of Balliglaughan Ballycubane and Garygaglan and on the 9th of September summoned Limerick but it was in vain for the same Hugh O Neil that made the brave Resistance at Clonmell was now Governour of that City Ireton himself marched on to Sir Charles Coot and being joyned they went to Athlone but the Bridge being broke and the Town on Leinster side burnt Ireton left Coot there and having in his way taken two Castles in Mac Coghlan's Country together with Bi r which the Irish had deserted and burnt he came before Limerick but finding the Year too far spent and that Limerick could not be forced unless it were attacked on both sides the River he endeavoured to get Killaloo pass and so having taken Nenagh Castletown and Dromaneer he went into Winter-quarters to Kilkenny on the 10th of November In the mean time part of the Marquess of Clanrickard's Forces had retaken Bi r and the other two Castles in Mac Coghlan's Country and pretended to relieve Athlone if it should be distressed Whereupon Colonel Axtell Govenour of Kilkenny being joyned with the Wexford and Typerary Forces at Roscrea encountered them near Meleak-Island on the 25th day of October and gave them a sore Defeat killing 1500 Men and taking 200 Horse and all their Baggage In the mean time the Duke of Lorrain not having finished his Negotiations at Rome which I formerly mentioned continued his Dissimulation of Zeal for Religion and of concern for the Roman Catholick Irish whereupon the Lord Taaf whom Ormond had sent to the King to get forreign Supplies if possible finding that the King was in Scotland so that he could not get access to him made such importunate Application to the Duke of Lorrain that he procured the Abbot of Saint Catharines with some small Supplies to be sent to the Clergy and Catholick Nobility and Gentry of Ireland Ormond being then in France This Agent or Ambassador landed in the latter end of February 1650 at Galway and as soon as he understood that Clanrickard was left Lord-Deputy he gave his Excellency notice of his Arrival and afterwards shewed him his Credentials and assured his Excellency that the Duke his Master had so entire an affection to the King of England the prefervation of whose Interest in that Kingdom was the chief motive to him to offer his Assistance that if he had known any person had been intrusted there with his Majesty's Authority he would have Addressed himself unto him and no other and that he finding his Lordship invested with that power did what he knew his Master expected at his hands apply himself unto him with and by whose Directions he would alone steer himself through that Negotiation He told him the Duke had already disbursed 6000 Pistols for the supplying them with those things he heard they stood most in need of which were brought over by a Religious Person who came with him and that he was ready to be informed of what they would desire from his Highness that might enable them to resist their Enemy and that he would consent to any thing that was reasonable for him to undertake Hereupon a Committee of the Commissioners of Trust and some Prelates was appointed to Treat with him but as the Abbot varied from his first Proposals so the Popish Clergy did change and very from the Lord-Deputy's Instructions and turned out some of the Committee who would not comply with them and put in others in their room and though the Lord-Deputy prohibited their further progress in the Treaty upon such dishonourable Terms as the Abbot now propos'd yet they would go on to conclude it and thought they had excused their presumption well enough by saying That the Abbot would not consent to any other and that it was better to submit to hard Conditions than to break of the Treaty Whereupon the Lord. Deputy was so disgusted that he left the Town and refused to receive a Visit from this Ambassador that had so manifestly prevaricated from his first pretences By this stifness in the Lord Deputy the concluded Treaty vanished into smoak but the Abbot knowing his Master's design would not totally break off the Correspondence but on the contrary began to talk more mildly and as if the Duke would do very kind things if Agents were sent unto him Which being made known to the Lord-Deputy he appointed Sir Nicholas Plunket and Jeffery Brown for that Embasie and gave them such Instructions as he thought fit But the Prelates did not like that a matter of this importance should be managed without them and therefore under pretence of solliciting the Archbishop of Mecklin the Bishop of Leige and other Ecclesiasticks for Assistance they * Episcopi clerus multi alii precipui nobiles ac Magistratus earum Duarum civium quae Catholicis restabant Vindiciae Eversae 21. Vide the Commission Appendix 47. drew in some of the bigotted Nobility and Gentry and together impowered the busie Bishop of Ferns to interest himself in the Treaty with the Duke of Lorrain which he did with that Confidence and Rashness that was peculiar to him and spoiled whatever he meddled with and particularly the Negotiation in hand And that the World may know P. W. 585. they regard Clanrickard no more than Ormond that this Bishop and those of his party had no more regard to the King's Authority in the Roman Catholick hands of the Marquess of Clanrickard than whilst it remained with the Heretick Marquess of Ormond it is necessary to add the Bishop of Ferns's Letter to these Agents Plunket and Brown who were then in the same City with him viz. Brussels I Do with all sincerity offer mine own Opinion what is to be done by you in this Exigent which is to the end the Agreement you are making with his Highness the Duke of Lorrain become profitable to the Nation and acceptable in the Eyes of God that you would immediately with humble hearts make a Submission unto his Holiness in the Name of the Nation and beg the Apostolical Benediction that the Light of Wisdom the Spirit of Fortitude Victories Grace Success and those Blessings of God we one time enjoyed may return again to us The necessity of doing
Peck full of Charms some of which had it thus written upon them This is the print of our Lady's Foot and whoever wears it and says twenty Ave Maries shall be free from Gun-shot And the like Charms were to free them from Pike or Sword as the party desired it And lastly that a bold Horse of the Lord Broghill's being ' twice wounded in this Battle became afterwards so cowardly that he was fit for nothing but the Coach But 't is time to return to Ireton who signified his Joy at this Victory by three Vollies of Shot throughout his Camp Nevertheless he found no likelihood of taking the City but on the contrary received many brisk Sallies from them in one of which they slew three hundred of his Men so that probably he had gone without it for that Year if the Town 's Men who had been always mutinous had not continued in the same humour still and pressed for a Parly Whereupon the Clergy threatned to Excommunicate them if they offered to Treat with the Enemy which in effect was they said To give up the Prelates to be slaughtered And they did actually fix a perpetual Interdict upon the Church-doors and other publique places but alass those Fulminations had been too loosely and impertinently used to retain any vertue now in time of need So that without any regard to them Colonel Fennell seized on St. John's Gate and the Mayor supplied him with Powder and countenanced him in the resolution to give up that Post to the Enemy unless the Garrison would consent to Capitulate In fine they did on the 29th day of October surrender that strong and important City upon severe Articles wherein the Governour the Bishop of Limerick and twelve more were excepted by Name as to Life and some of them particularly the Bishop of Emly and Alderman Dominick Fanning were executed it was computed that they lost 5000 People in the City during the Siege mostly by the Plague and other Sickness nevertheless after the surrender there marched out 1300 Souldiers and there still remained in the City 4000 Irish-men able to bear Arms. Limerick being thus taken and Sir Hardress Waller being made Governour of the City Ireton on the Fourth of November march'd towards Galway and being joyn'd with Sir Charles Coot they took Clare from whence Ireton sent a Message to the Town of Galway offering them good Conditions if they submit without putting him to farther trouble and severely threatning them if they refused the proffered Articles and it is probable these Comminations might have made impressions upon them if Ireton's Death which hapned at Limerick on the Twenty-sixth of November had not given them respite But it must not be forgotten that during the Siege of Limerick Sir Charles Coot encountered a Party of Fitz-Patrick's and O Dwir's Forces that had retaken Meleke Island and tho' they behav'd themselves so well that they bafled his Foot two or three times yet by the bravery of his Horse he worsted them at last and killed and drowned 300 of them and made the same Number accept of Quarter for Life But Ireton being dead the Parliament Commissioners at Dublin appointed Lieutenant-General Ludlow Commander in Chief of the Army until further Order should be taken in England in that matter And in the mean time Sir Charles Coot blockt up Galway at a distance and when Ludlow came to him they drew so near that the Assembly which sat there did in February importune the Lord Deputy to permit them to Treat with the Enemy about Conditions for the Settlement of the Nation protesting That they would insist upon advantagious and profitable Terms but the Lord-Deputy knowing it was more proper for him than for them to Treat for the Nation did on the Fourteenth of February write to the Commander in Chief of the Parliament's Forces upon that subject but he had no grateful Reply the English being resolv'd not to admit any Treaty for the Nation in general but those that would Capitulate should do it onely for themselves or the Towns and Places they respectively belong'd unto The Year 1652 began with the Surrender of Galway to Sir Charles Coot which happened on the Twelfth of May before any Storm or Assault was attempted and without consulting the Lord-Deputy tho' he was within half a days Journey of the place but indeed they had better Conditions than they could have had if the Parliaments Commissioners had been made acquainted with the matter and perhaps there was reason for it because the Town was exceeding strong and the loss thereof carried with it the Fate of Ireland and the determination of the Rebellion for what little Contests happened from henceforward do hardly deserve the Name of A Tory War Roscomon and James-Town were Surrendered to Col. Reynolds on the 27th of April and in Munster there was not a Garrison left them but Ross in the County of Kerry which being a Castle in an Island was thought impregnable but Ludlow caused a small Ship to be made and had it carried over the Mountains and set a float in the Lough at the sight of which the Irish were so astonish'd that they yielded up the place on the 27th of June and Inchylough was also surrendered to Col. Zanky on the first of August and about the same time the Lords of Westmeath and Muskry O Connor Roe Sir William Dungan Sir Francis Talbot and others submitted upon these Conditions ☞ That they should abide a Tryal for the Murders committed in the beginning of the Rebellion and those that onely assisted in the War were to forfeit two Thirds of their Estates and be Banished And tho' the Lord-Deputy did on the 16th of May take Ballishannon and the Castle of Donegal yet both those places together with Sligo and Ballymote were soon regain'd by Coot and Venables and the Lord-Deputy forc'd to shelter himself in the Isle of Carrick and having no part to friend nor any Party he could trust he also submitted upon very honourable Conditions Of not having any Oath imposed upon him and of having liberty to transport 3000 Men into the Service of any Prince in Amity with England And so on the 16th of March he was transported to England in a Parliament Ship and not long after died in London In the mean time Col. Charles Fleetwood who had married Ireton's Widdow was made Commander in chief of the Forces in Ireland he landed in the latter end of August and found the Military Service of the Kingdom in a manner finish'd so that what remain'd to manage were the Civil Affairs which were committed to him and the rest of the Commissioners of Parliament And they began their Administration of those Matters by Erecting a High Court of Justice to try those that were accus'd of the barbarous Murders committed in this Rebellion The first Court of this sort that was held in Ireland was upon the 4th of October at Kilkenny before Justice Donelan President and Commissary-General Reynolds
Orrery Charles Earl of Montrath were appointed Lords Justices And the Lord Chancellor and Earl of Montrath were sworn on the 31 st day of December 1660. as the Earl of Orrery also was on the 17 th of January following Their Instructions were very short and to this effect 1. To read their Commission and Swear those Named for Privy-Councellors 2. To appoint Sheriffs and Justices of Peace by Advice of the Council and to Open the Courts of Justice 3. To promote Peace and Quietness as well in the Army as elsewhere and to hinder any Prejudice to His Majesty 4. To do what they could to encrease the Revenue and advance the Publick Service 5. To prepare such Bills as shall be thought by them and the Council to be for the good of the People and to transmit them to England pursuant to Poyning's Law in order to a Parliament 6. To reduce the King's Concessions to the Commissioners of the General Convention of Ireland into Bills to Pass next Parliament 7. To send over Names of fit Commissioners to Execute His Majesties Declaration for the Settlement of that Kingdom Lastly To cause the Oaths of Allegiance and Supremacy to be taken by all His Majesties Leige-Subjects of that Kingdom and to proceed according to Law against those that refuse And on the 27 th of January 1660. Dr. Michael Boyle now Lord Primate of all Ireland and Eleven others were Consecrated Bishops in St. Patrick's Church in Dublin with great Ceremony and Formality which I the rather mention because so numerous an Ordination of Bishops in one Day hath rarely if ever been heard of either before or since On the 8 th of May a Parliament was Summoned and Dr. Bramhall Arch-Bishop of Armagh was Speaker of the House of Lords as Sir Audley Mervin was of the House of Commons This Parliament as a Testimony of their Gratitude and Affection to the Duke of Ormond did present his Grace with a Gift of 30000 l. and when the Lords-Justices and Council understood that His Majesty on the 4 th of October 1661. had appointed the Duke of Ormond to be Lord Lieutenant of Ireland they ordered all publick Expressions of Joy to be made in Dublin upon that happy Occasion On January the 14 th 1661. the Lord Chancellor and Earl of Orrery were Sworn Lords Justices on the Death of the Earl of Montrath which happened the 18 th of October And on the 30 th of April 1662 they Published an Indulgence to Dissenters and continued in the Government until the 28 th of July 1662. at which time James Duke of Ormond was sworn Lord Lieutenant But the Session of Parliament begun the 17 th of April and on the 15 th of September the Bill of Settlement passed into an Act in the Parliament of Ireland by which Act and the rest of the Statutes passed that Parliament the King received more profit than all his Predecessors ever got out of that Kingdom This Bill had been exposed to the View and Scrutiny of the Irish and their Council for six Months together and altho they do so very confidently Clamour that they were never heard yet all that they could say was heard and debated even with Favour to them they had Agents there to whom they allowed three Pence per Acre for that purpose and every word in the Bill was Expung'd to which they had any just Exceptionl and at length the matter was determined by the King and Council and the following Order was made At the COURT at WHITE-HALL The 14th of March 1661. Present The Kings Most Excellent Majesty His R. H. the Duke of York Lord Chancellor Lord Privy-Seal Lord Duke of Ormond Lord Marquiss of Dorchester Lord Chamberlin Earl of Northumberland Earl of Norwich Earl of St. Alban Earl of Anglesey Earl of Carlisle Lord Seymore Lord Hatton Lord Holles Lord Ashley Mr. Trear Mr. Comptroller Mr. Vice-Chamberlain Mr. Secretary Nicholas Mr. Secretary Morrice THis day Mr. Sollicitor General making Report to His Majesty in Council from the Committee of this Board for the Affairs of Ireland upon Consideration of several Papers presented to the Board by Sir Nicholas Pluncket in the behalf of some of the Roman Catholicks of Ireland concerned in His Majesties Declaration according to an Order of the 12 th of this Instant That after the Committee had debated the said Papers the Commissioners from the Council and the Parliament of Ireland were called in and heard and presented to the Committee several Papers See them Appendix 40. viz. Instructions given by the Supreme Council and others of the Lords Spiritual and Temporal and the Commons of the Confederate Catholicks of Ireland to be observed by the Bp. of Fearnes and Nicholas Plunket Esq in the Court of Rome bearing date the 18 th of January 1647. and a Draught of Instructions to France and Spain and a Copy of the Excommunication Published at James-Town and that all the said Papers being read and the said Commissioners being withdrawn and the Committee then calling in the said Sir Nicholas Plunket and asking him whether the Signature of the Instructions to Rome by Command of the General Assembly were his Hand-writing and whether the Draught of the Instructions to France and Spain were his Writing also He acknowledged in the Presence of the Committee that they were and that hereupon it was the humble Opinion of the Committe that the Bill for the Common Settlement of that Kingdom should not be retarded but proceeded upon with all possible Expedition It was upon consideration of the said Report Ordered that in regard the said Romish Catholicks have been already several times fully heard at this Board as to the said Bill of Settlement no more Petitions or further Addresses be required or admitted from them for obstructing the same but the engrossing thereof be proceeded upon without any further delay according as the same is already prepà red and also that Mr. Sollicitor General do send all the Provisoes already allowed of by the said Committee to be likewise Engrossed And it is further Ordered That the Clerk of the Council attending do not only signify His Majesties Pleasure unto the said Sir Nicholas Pluncket that he do for bear coming into or appearing in His Majesties Presence or Court but also give Notice of this Order to the Committees imployed from the said Council and Parliament to be by them transmitted into Ireland Copia Vera Edw. Walker The Act of Settlement thus past there was a Court of Claims erected to adjudge Qualifications of Innocency and Nocency The Period for this Purpose was in Favour of the Nominees who were to attend till Innocents were first restored and by consent of the Irish Agents appointed by the Kings Declaration to be the 2 d of May 1661. but the Irish Parliament enlarged the time to the first of August 1662. and afterwards prolong'd it father to the 22 d of July 1663. And so the Commissioners viz. Sir Richard Rainsford Sir Thomas Beverly
compared with the Certificates here Also prevent the abuse in Coyning Vending annd Vttering small Moneys 14thly Endeavour to bring all to a Conformity in the Religion by Law Established and acquaint us with what difficulties you meet with therein 15thly Inspect our Forts Castles Magazines and Stores and endeavour to make Salt-Petre 16thly We are informed That small Profit hath heretofore come to our Exchequer by Castle-Chamber Fines tho Misdemeanors proper for punishment in that Court were many we would therefore have you look into the reasons thereof and to resettle and uphold the Honour and Jurisdiction of that Court for the repressing exorbitant Offences wherein our Learned Council are to do their Duty faithfully 17thly The Vice-Treasurer or his Deputy to receive all Money 18thly Reduce the Moneys there to the condition of Sterling and establish a Mint there 19thly Finding some Propositions of the Duke of Ormond recorded in the Register of Council-Causes 1662. fit to be observed we have renewed them with reference to your Government therefore observe them Lastly Several Popish Clergy since the return of the Duke of Ormond hither have exerâ—â—ed their Jurisdictions to the great grief of the Remonstrants If so execute the Laws against the Titular Archbishops Bishops and Vicar-Generals that have threatned or excommunicated the Remonstrants and that you protect such Remonstrants as have not withdrawn their Subscriptions These were the publick Instructions but the Administration of the Government seem'd to have another Foundation for now the Mystery of Iniquity began to appear and the Papists were publickly countenanc'd and indulg'd in Ireland many of them got into the Commission of the Peace and it was attempted also to bring them into the Army but Matters not running so smoothly as the Lord Lieutenant expected he returned to England for new Instructions and left the Government in the Hands of the Lord Chancellor and Sir Arthur Forbus Lords Justices who were Sworn on the 12 th of June and continued in that Office until his Excellency's return which was on the 23 d day of September 1671. In the mean time on the 21 st of February 1670. Collonel Richard Talbot Petitioned His Majesty in the behalf of His most distressed Subjects of Ireland who were outed of their Estates by the late Vsurped Powers which Petition was referr'd to a Committe of the Council to Examine and Report and a State of their Case was given to the Committee in Writing Whereupon on the 28 th of January the Kings Solicitor attended the Committe at the Council-Chamber His Majesty being present and there the Petition and Talbot's Commission from the Irish the State of their Case and the Paper of Instances were read On the 1 st of February the King being present Sir George Lane was call'd in and the first Instance being the Case of Mr. Hore was objected against him but Sir George baffled the Petitioners in that Matter and having prov'd an Agreement with Mr. Hore which His Majesty was pleased to say He remembred That Affair was clear'd to the satisfaction of the King and the Committee much contrary to the Expectation of the Petitioners who perhaps had prevail'd with the King to be there that he might be an Ear-witness of the Wrong that was done them But the King being weary of such Debates did on the 4 th of February in Council appoint the Lords Buckingham Anglesy Hollis and Ashley and Secretary Trevor or any three of them to be a Committee to Peruse and Revise all the Papers and Writings concerning the Settlement of Ireland from the first to the last and to take an Abstract of the State thereof in Writing And accordingly on the 12 th of June 1671. they made their Report at large which was the Foundation of a Commission dated the 1 st of August 1671. under the great Seal to Prince Rupert the Dukes of Buckingham and Lauderdale Earl of Anglesy Lords Ashley and Hollis Sir John Trevor and Sir Thomas Chichly to Inspect the Settlement of Ireland and all Proceedings from first to last in Order thereunto And this was followed by another Commission of the 17 th of January 1672. to Prince Rupert Earl of Shaftsbury the Lord Treasurer Clifford and others amongst whom the Dukes of Ormond was one to inspect the Affairs of Ireland viz. the Acts of Settlement and Explanation and the Execution of them and the disposing of Forfeited Lands and the State of His Majesties Revenue c. But how specious soever the Pretences were for these Commissions the secret Design was to unravel the Settlement and to humble the Duke of Ormond upon whom they always fell when the Popish Interest prevailed for otherwise the pretended Grievances if they had been really true were few and small and it were much better for the publick That even greater Irregularities than were complain'd of should remain unremedied than that the great and common Security of the Nation should be shaken And of this Opinion was the Parliament of England who always concern'd themselves effectually for the English Interest and the Protestant Religion in Ireland and accordingly on the 9th day of March 1673 they Address'd to His Majesty as followeth And this Address occasion'd that the aforesaid Commission of Inspection was Superseded on the 2d of July 1673. WE Your Majesties most Loyal Subjects the Commons in this Present Parliament Assembled taking into Consideration the great Calamities which have formerly befallen Your Majesties Subjects of the Kingdom of Ireland from the Popish Recausants there who for the most part are profest Enemies to the Protestant Religion and the English Interest and how they make use of Your Majesties Gracious Disposition and Clemency are at this time grown more Insolent and Presumptuous than formerly to the apparent Danger of that Kingdom and Your Majesties Protestant Subjects there the consequence whereof may likewise prove very fatal to this Your Majesties Kingdom of England if not timely prevented And having seriously weighed what Remedies may be most properly applied to those growing Distempers do in all Humility present Your Majesty with these our Petitions 1. That for the Establishment and Quieting the possessions of Your Majesties Subjects in that Kingdom Your Majesty would be pleased to maintain the Act of Settlement and Explanatory Act thereupon and to recall the Commission of Enquiry into Irish Affairs bearing date the 17 th of January last as containing many new and extraordinary Powers not only to the Prejudice of particular Persons whose Estates and Titles are thereby made liable to be questioned but in a manner to the overthrow of the Acts of Settlement and if pursued may be the occasion of great Charge and Attendance to many of Your Subjects in Ireland and shake the Peace and Security of the whole 2. That Your Majesty would give order that no Papist be either continued or hereafter admitted to be Judges Justices of the Peace Sheriffs Coroners or Mayors Sovereigns or Portreeves in that Kingdom 3. That the Titular Popish Archbishops
furious in this matter and so inhumane that he kept one Henry Rice in close Prison six weeks in a Dungeon and kept him waking a very long time in hopes that Severity and Distraction might induce him to accuse the rest of his Acquaintance and when he found they were all acquitted even by a Jury whereof the Foreman was a Papist he was enrag'd and troubl'd to the last degree and died within a week afterwards But on the last of March 1685. the Duke of Ormond came to London leaving the Sword with the Lord Primate and the Earl of Granard who were nominally Lords Justices but the Power was in effect in the Earl of Tyrconnell who was Lieutenant-General of the Army and by his means the English Militia were not only deprived of their Arms and by Proclamation ordered to send them into the Stores but the English in the Army began also to be turned out under the pretence of being Oliverians or the Issue of such But 1678. not long after the Protestants were revived by the arrival of the Earl of Clarendon Lord Lieutenant and Sir Charles Porter Lord Chancellor for tho the Irish did every-where give out That they were both Papists yet they soon became sensible of their error and to their great trouble found that those Lords wanted no other Qualifications but that of Power to make the Protestant Religion and the English Interest flourish in Ireland In short they did all that wise and honest Men could do and were too great a Blessing for that unfortunate Countrey to enjoy long and therefore they were removed in February 1686. to make room for the Earl of Tyrconnell who was then sworn Lord Deputy For tho this Lord being Lieutenant-General did even in the Lord Clarendon's time so model the Army that most part of the English were disbanded yet he met with so many rubs in That and Other of his Designs that he despaired to accomplish his Project or to satisfie his Ambition unless he were Supreme in the Government Tyrconnel having thus gotten the Sword of State into his hands quickly turned the Edge of it upon the poor Protestants who were amaz'd to see him act so openly in such a Despotical and Arbitrary manner for some of his Agents not only disbanded most part of the remaining English but insulted on their Misery by doing it reproachfully and added to their affliction by turning them out far from their Friends and their Habitations and took away the Cloaths of some and the Horses and Arms of others without giving them any proportionable recompence And he also changed the Irish Soldiers so often that tho the Army did not consist of more than seven or eight thousand Men yet five times that number by these frequent Changes were taught the use of their Arms and by this means he had a considerable Militia ready upon all occasions Moreover he issued Quo Waranto's against all the Charters at once and altho that procedure did manifest to the World that it was not the Fault of any one or more Corporations that was endeavour'd to be punish'd or reform'd but that it was a fixed design to Subvert the Corporations and consequently to Model the Parliament and the Laws to the Interest and Humour of the Papists yet being Masters of standing Armies both in England and Ireland they thought themselves sure of their Game and that it would be the more Generous and Brave if they acted publickly and as it were in defiance And therefore they dissembled the Matter no longer but appointed two Popish Judges in every Court that they might be sure of a Majority upon all Occasions they also appointed Popish High-Sheriffs throughout the Kingdom and they put so many Papists into the Commission of Peace the Privy-Council and all Places of Authority that they were able to Rule all where-ever they came And as soon as the Charters were Condemn'd there were new Ones granted for the most part to such inconsiderable and beggarly Fellows as were unable to pay for them so that many were left with the Attorney General in Pawn for his Fees however in all these Charters they put in near one third English most of which were Quakers or other Dissenters but at the same time took care to limit the Power and especially that of chusing Parliament Men so that the English if unanimous should not be able to give them any Impediment But the English being the principal Traders and the most Wealthy Men in Ireland It must necessarily follow that the removal of their Plate and other Effects into England and the general Decay of Trade that ensued upon the Apprehensions they had of these Violent and Irregular Proceedings did diminish the Publick Revenue to a degree of rendring it unable to support the Necessary Expences of the Government this indeed was a sensible Stroak and would have changed all their Measures if any thing less had been in the Bottom than a fixt Resolution to subvert the Established Religion and to introduce Popery and to make Ireland a secure Retreat for those whose designs might perhaps miscarry in England However these rapid Motions of Tyrconnel made such a noise in England as occasion'd that Lord to be sent for over to meet the King at Chester the poor Protestants flattered themselves with hopes of some intervals of Moderation from this Interview but they soon found the fatal Effects of this Conference not only in the Continuation but in the encrease of their Grievances And thus the Irish having to their Advantage in Number gained also the whole Power Military and Civil into their Hands thought themselves in a Condition not only to secure Ireland but also to send over considerable Assistance to carry on THE CAUSE in England and accordingly Tyrconel did send thither about 3000 of his choicest Men. This was the single Action that conduced most to the Preservation of these Kingdoms all other things were but subservient thereunto or at most but concurrent with it for whilst other Grievances did but disoblige a certain Number or a Party the bringing in of the Irish alarm'd every Body and especially the Army so that his Present Majesty Landing not long after met with such easy and speedy Success as amazed the present and will be the Wonder of future Ages Moreover to compleat the aforesaid Number of 3000 Men Tyrconel did very improvidently withdraw the Garison of Londonderry without sending another in its stead as not suspecting the sudden Revolution which afterwards happened nor thinking that Derry would dare to refuse a Garison whenever he should think fit to send them one But it was not long before he saw his Error and having Recruited his Forces he sent a new-rais'd Regiment under the Earl of Antrim to possess themselves of the City of Derry This Regiment Quartering in and about Newton on the 6th of December Collonel George Philips sent one James Boyle to give notice thereof to Londonderry and to advise them to shut their
Gates and accordingly they did so and refused Entrance to this Regiment on the 7 th of December On the 9 th Collonel Philips put himself into Derry and on the 10 th was by the People chosen Governour thereof and on the 11 th the City sent away Councellor Cairns as their Agent into England But Alarms every day encreasing of the Irish designs to Massacre them the Country stocked into Derry and on the 15 th of December the Governor drew up a Declaration to which they all consented In the mean time Tyrconnel knowing the Lord Mountjoy's Interest in that Country sent him down to try if he could be admitted to Garison the Town and upon Capitulations and Articles concluded the 21 st of December he was permitted to put in five Companies of Protestants into the City under Collonel â—undy I should have mention'd that there was a currant Report spread abroad and generally believed That the Irish designed a Massacre on the 9 th of December this was the true reason of shutting Derry-gates and of making an Association in the Counties of Down and Antrim There were but two Regiments viz. the Lord of Antrim's and Sir Thomas Newcomen's in those two Counties so that it had been easy to have Surprized them and the design was laid to that purpose but some of the Conspirators were too Cautious and so it miscarried In the mean time the Lord Tyrconnel was openly raising some Men and secretly Listing more and having notice of his Master's Disaster in England resolved to do his Endeavour to preserve Ireland for him but he so cunningly dissembled his design that he perswaded the Lord Mountjoy to be Colleague to the Lord Chief Baron Rice in a pretended Embassy to King James to beg his leave to surrender the Kingdom since it was impossible to keep it And it is said he promis'd solemnly to the Lord Mountjoy that he would raise no more Forces nor innovate any thing in his Absence But Rice had other Instructions so that the Lord Mountjoy was not only treacherously secured in France and thrown into the Bastile but also his Friends were basely used in Ireland and the Lord Deputy as soon as the Lord Mountjoy was gone gave out Commissions to every Body that would undertake to Subsist their Men for three Months In the mean time the Irish in the Countries least inhabited by English and particularly in the West part of the County of Cork began immediately after Christmas to Rob and Plunder openly whereupon many then alive who remembred that the Irish began the Rellellion of 1641. in that manner were frightned themselves and alarm'd others so that they flock'd into the Walled Towns in Crowds nor did those that had the Courage to keep their Houses fare any better for the Irish being now grown Lawless set no Bounds to their Insolence but in great Numbers with a Piper before them Robbed the English of all their Stock at Noon-day and before their Faces it was to no purpose to complain for tho the Injur'd Party might get good Words 't is certain none of them got any Remedy and this was the Case and the English were generally plundered before they made the least Resistance in the Province of Munster But on the 25 th day of February The People of Bandon had notice that the Earl of Clancarty was marching with six Companies to reinforce the Troop of Horse and two Companies of Foot that were then in Garison there whereupon they took an immediate Resolution to Disarm the Garison which they bravely perform'd with the Slaughter of eight Irish-men and took all their Horses and Arms and would certainly have done great things suitable to their Ancient Reputation if they could have got Ammunition and other Necessaries and any reasonable Assistance but that very Night the Citizens of Cork were disarmed and the next day Castlemartyr was taken and so having no hopes of Succour they nevertheless generously refused to deliver up any of their Leaders and at last purchased their Pardon for 1000 l. And thus Matters stood when King James Landed at Kingsale on the 12 th of March from whence he marched to Dublin and immediately sent down his Army into the North where he met with little Obstruction until it came before Londonderry the Siege of which Place will in after Ages be more renowned than those of Ostend or Candy because all the necessaries for Defence were infinitely less and yet the Success was very much greater but it is altogether unnecessary to trouble you with the Relation of that Siege or the famous Actions of the brave Inniskilling Men because they are already Printed at large in the respective Narratives of those Matters to which I refer you and remain SIR Your Humble Servant H. R. Appendix I. AN EXTRACT OF A LETTER FROM THE City of Cork TO THE Lord-Deputy of Ireland ANNO 1603. THAT the Commissioners had by Directions charged them to suffer His Majesties Ministers to pass through their Ports with Eight and Forty Barrels of Powder and Lead and Match proportionable to be brought from His Majesties Store in that City to the Fort of Halebolyn and that in regard they wondered so great a Proportion should be carried to the Fort where no Artillery was yet planted especially the Quantities formerly issued being not yet spent nor any Service being in hand they fearing the Commssioners purposed to assault the Town or at least to starve them were enforced thereby to make stay of the said Munition till his Lordships Pleasure were further known renewing their Suit to have the Custody of the Fort committed to the Corporation That they did all they could to cause the mixed Mony of the new Standard to pass currant but it was with such Grief and Loss to the poor Town as they hoped his Lordship would be a means to his Majesty for altering the same That they had received Rebuke from his Lordship concerning certain Insolencies but could not call to mind any particular wherein they had offended the State except that be an Offence after many Abuses and Wrongs done them to keep Watch and Ward to preserve themselves and keep the City for the Kings Majesty in those doubtful times as they term'd them That touching the point of Religion they only exercised now publickly that which ever before they had â—â—en suffered to exercise privately And as their Publick Prayers gave Publick Testimony of their Faithful Hearts to the King 's Royal Majesty so they were tyed to be no less careful to manifest their duties to Almighty God in which they would never be Dissembling Temporisers Appendix II. The Examination of Owen O Conally the Descoverer of the Irish Rebellion WHo being duly Sworn and Examined saith That he being at Monimore in the County of Londonderry on Tuesday last he received a Letter from Colonel Hugh Oge Mac Mahon desiring him to come to Connaught in the County of Monaghan and to be with him on Wednesday or Thursday last
whereupon he this Examinant came to Connaught on Wednesday night last and finding the said Hugh come to Dublin followed him thither he came hither about Six of the Clock this Evening and forthwith went to the Lodging of the said Hugh to the House near the Boot in Oxmantown and there he found the said Hugh and came with the said Hugh into the Town near the Pillory to the Lodging of the Lord Mac-Guire where they found not the Lord within and there they drank a Cup of Beer and then went back again to the said Hugh's Lodging He saith that at the Lord Mac-Guire's Lodging the said Hugh told him that there were and would be this Night great Numbers of Noblemen and Gentlemen of the Irish Papists from all parts of the Kingdom in this Town who with himself had determined to take the Castle of Dublin and to possess themselves of all his Majesties Ammunition there to Morrow Morning being Saturday and that they intended first to Batter the Chimneys of the said Town and if the Citizens would not yield then to Batter down the Houses and so to cut off all the Protestants that would not joyn with them He further saith That he the said Hugh told him that the Irish had prepared men in all parts of the Kingdom to destroy all the English Inhabiting there to Morrow Morning by Ten of the Clock and that in all the Sea-Ports and other Towns in the Kingdom all the Protestants should be killed that night and that all the Posts that could be could not prevent it And farther saith That he moved the said Hugh to forbear executing of that business and to discover it to the State for saving of his own Estate who said he could not help it but said that they did owe their Allegiance to the King and would pay him all his Rights But that they did this for the Tyrannical Government that was over them and to imitate Scotland who had got a Priviledge by that course And he further saith that when he was with the said Hugh in his Lodging the said Hugh swore that he should not go out of his Lodging that Night but told him he should go with him the next Morning to the Castle and said if this matter were discovered somebody should die for it Whereupon this Examinant fained some necessity for his Easement went down out of the Chamber and left his Sword in Pawn and the said Hugh sent his Man down with him and when this Examinant came down into the Yard and finding an opportunity he this Examinant leaped over a Wall and Two Pales and so came to the Lord Justice Parsons October 22. 1641. Owen O Conally William Parsons Thomas Rotheram Robert Meredith Appendix III. A Copy of a Letter directed to the Lord Viscount Costilough from the Rebels of the County of Longford in Ireland which he presented to the State in their behalf Nov. 10. 1641. Our very Good Lord OUr Allyance unto your Lordships Ancestors and your self and the tryal of your and their performance of Trust unto their Friends in their greatest Adversity encourageth us and engageth your Honour to our fruition of your future Favours the fixion of our confidence in you before any of the Peers and Privy Counsellors of the Kingdom doubleth this obligation Your Lordship may therefore be pleased to acquaint the Lords Justices and Councel to be imparted unto his Sacred Majesty with our Grievances and the causes thereof the Reading of which we most humbly pray and the Manner of it First The Papists in the Neighbouring Counties are severely Punished and their Miseries might serve as Beacons unto us to look unto our own when our Neighbours Houses are on Fire And we and other Papists are and ever will be as Loyal Subjects as any in the Kings Dominions for manifestation whereof we send herein inclosed an Oath solemnly taken by us which as it receiv'd indelible impression in our Hearts shall be Sign'd with our Hand and Seal'd with our Blood Secondly There is an Incapacity in the Papists of Honour and the Immunities of true Subjects the Royal marks of Distributive Justice and a disfavour in the Commutative which raised Strangers and Foreigners above those whose Valour and Vertue was Invincible when the old Families of the English and the major part of us the meer Irish did Swim in Blood to serve the Crown of England and when Offices should call Men of Worth Men without Worth and Merit obtain them Thirdly The Statute of 2 Eliz. of force in this Kingdom against us and they of our Religion doth not a little disanimate us and the rest Fourthly The avoidance of Grants of our Lands and Liberties by Quirks and Quiddities of the Law without reflecting upon the Kings Royal and real intention for confirming our Estates his Broad Seal being the Pawn betwixt his Majesty and his People Fifthly The Restraint of Purchase in the meer Irish of Lands in the Escheated Counties and the taint and blemish of them and their Posterities doth more discontent them than that Plantation Rule for they are brought to that Exigent of Poverty in these late times that they must be Sellers and not Buyers of Land And we conceive and humbly offer to your Lordships consideration principiis obsta that in the beginning of this Commotion your Lordship as it is Hereditary for you will be a Physitian to cure this Disease in us and by our examples it will doubtless beget the like auspicious success in all other parts of the Kingdom for we are of opinion it is one Sickness and one Pharmach will suffice Sublata causa tollitur effectus and it will be recorded that you will do Service unto God King and Country and for salving every the aforesaid Sores your Lordship is to be an humble Suitor in our behalf and of the rest of the Papists that out of the abundance of his Majesties Clemency there may be an Act of Oblivion and general Pardon without Restitution or account of Goods taken in the time of this Commotion a Liberty of our Religion a Repeal of all Statutes formerly made to the contrary and not by Proclamation but Parliamentary way a Charter-free Denizen in ample manner for meer Irish all which in succeeding Ages will prove an Union to all his Majesties Dominions instead of Division a Comfort in Desolation and a Happiness in perpetuity for an imminent Calamity And this being granted there will be all things Quae sunt Caesaris Caesari and quae sunt Dei Deo and it was by the Poet written though he be prophane in other matters yet in this Prophetically Divisum Imperium cum Jove Caesar habet All which for this present we leave to your Honourable care and we will as we ever did and do remain Your very humble and assured ever to be Commanded Hugh mac Gillernow Farral James Farral Bryan Farral Readagh Farral Edmond mac Cael Farral John Farral in Carbuy Garret Farrel Lisagh mac Conel Farral
to new Consultations how yet to bring their wicked ends and contrivances to full effect making the Seats of their Assembly at the City of Kilkenny there with full advice of their Titular Clergy and Popish Lawyers Without any Authority derived from your Majesty they call a Parliament which being Assembled they turned into a National Assembly utterly strange to the Laws of England and Ireland and to your Majesties Royal Prerogative which they falsely pretend to maintain there they Enacted That no other Temporal Government or Jurisdiction shall be Assumed Kept or Exercised in this Kingdom save what shall be approved by the General Assembly or Supream Council There they set up a new Form of Government utterly opposite to the Laws of England and Ireland and your Royal Authority Ordering a Council for Governing in each County a Council in each Province and a Council for the Kingdom by the Name of The Supream Council of the Confederate Catholicks to be held at Kilkenny or elsewhere they appoint These Councils are to be the ordinary Judicatories to hear and determine all Causes as well touching Life and Member as amply as your Majesties Judges of Oyer and Terminer and Goal-delivery could do and accordingly they give Judgment of Death by Votes against your British Subjects whom otherwise also they Hang and Execute by Warrants of their Commanders and others without Process or other proceedings as also to Hear and Determin all Causes for Goods Chattels and Interests and to establish Rents and Possessions as if a right of Conquest were already vested in them And they Ordain that all Persons of all professions and degrees shall obey their Orders there they establish the Romish Clergy in all the Possessions of the Church throughout the Kingdom and appoint an Oath of Association to be taken in all the Parishes of the Realm there they form Armies and Commanders of all sorts to resist your Majesties Forces and if they may to perfect their intended Conquest of this your Kingdom They appoint Sheriffs Coroners Constables and other Officers in each County to execute their Orders they in some parts have caused their Captains Officers and others to take Oath before their Titular Clergy that they shall not suffer any English or Protestant to live in this Kingdom or bear any Office no not so much as a petty Constable they by their Popish Clergy sollicited with all industry and travel powerful Aids from Foreign parts to Assist them in this Conquest whereby they seem to disclaim all dependance on your Majesty either for Favour or Justice They did set up the Spanish Colours publickly at Wexford amongst the Old English but Papists and Captain Ashly as we are credibly informed did testifie that they had done the like at Gallaway They by the crafty delusion of the Popish Clergy and the contracted hatred of the Papists against the British and Protestants had got into their Possession the most part of the Sea Ports out of which they have murdered or expulsed the English and Protestants which Ports they use as Inlets to all their foreign Supplies having also devised to have Admirals and other Officers at Sea to the End to become Masters of these Seas to your Majesties disherison and prejudice Whether these Expressions and Actions being but a few gathered out of many which we know of them either considered in the barbarous Irish or your better educated Old English or both be natural Streams issuing from a Fountain of real Intention to preserve and maintain your Royal Rights and Prerogative we submit to any equal Judgment In their Petition they say that their Adversaries have misrepresented their Addresses to your Majesty your Majesty may be pleased to remember that we certified thither that their Petition came not hither till the Seventh of August last which we soon after sent thither they having spent all the preceding Winter and the then succeeding Summer in their Courses of Rebellion whilst they had hopes all that time by force to carry the Cause never in all that time making Application in that Nature either to your Majesties Army or your Majesties Ministers that we could hear of until they found your Majesties Forces so to spread and prevail against them as put them in great fear then they betook themselves to the way of Petition having formerly most contemptibly despised and disobeyed your Majesties Proclamation under your own Royal Signature and Privy signet commanding them to lay down Arms then presuming by the Old Irish shift of feigned Profession of Subjection to abuse your Majesties boundless Mercy as their Ancestors had done the Royal Clemency of many of your famous Predecessors in several Ages to the continual Disquiet fruitless Expence and as it fell out dishonour of themselves and their Subjects of England whereof Records and Histories are full And as to their Addresses by Read then a Rebel with them it is most fraudulently alledged for although it be true that in December 1641. a few of the Rebelli ous Noblemen and Gentry of the Pale framed a Petition and delivered it to Read seeming to intend to send him away with it to your Majesty yet he tarried with them unsent until March after at which Time after the Siege of Drogheda raised and that he could no longer live in those parts he rendered himself to the Lord Marquess of Ormond in the Field not coming as a Messenger from them in any such kind and in his Examination he declares that after he had received that Petition he demanded of them several Times when he should be sent away to which they only answered there would be time enough for that they then making account to carry all before them by strength of Arms. And as to their Charge against their Adversaries if thereby they mean us we do unanimously and in all Truth deny our selves to be their Adversaries farther than they are so to your Majesty your Crown and Royal Estate as they are of which their present Condition we are so well assured as we cannot without base Disloyalty shew our selves to them in that behalf other than Adversaries and it cannot be justified or made appear that ever we or any of us have had Contentions with or heart burning against any of them in respect of any our private Interest or Intercourse but have always treated them before this Rebellion as our Friends and your Majesties Loyal Subjects as we then took them to be And where they asperse those Adversaries with the Crime of Bloud committed on their Wives and Children We cannot deny but that in the Course of the War forced by them upon us for our own necessary Defence and for the Preservation of this your State and Kingdom some of their Blood hath been shed by your Majesties Army in Fights with them which we wish they had drawn upon themselves but if they look back upon their own Beginning and proceding in this horrid Rebellion they shall find themselves heavily loaden with the crying
Guilt of the innocent Blood they most barbarously in time of open and setled Peace without any Provocation or Offence given falling with armed Force upon the unarmed and harmless British and Protestants Murthering hanging drawing burying alive and starving them Men Women and Children of all Ages and Conditions to the Number of 154000. before the End of March last as is testified was acknowledged by their Priests appointed to collect their Numbers besides many thousand others since that Time so used in all Parts of the Kingdom Sometimes they profess they took up Arms to exalt and establish the Romish Catholick Religion throughout this Kingdom and they have taken a Publick and Universal Oath to maintain and defend the publick Exercise thereof but in this particular as in that of Prerogative we crave leave to affirm that we well know and their Actions and Infidelity do abundantly demonstrate that many of them especially the Irish have little sense or inward Touch of Religon other than what is pressed upon them by their Traiterous Clergy for their Pride and Avarice and the sottish Superstition of their Women and that those Irish assumed this only as another Cover for their bloody and most unchristian Execution of their antient and never ceasing hatred to the Kings of England and the English Nation which doth now and hath heretofore in all Ages undeniably appeared in their many furious Insults and Murthers upon their Persons and Devastation of the Possessions of the English ever since their first Entrance into this Kingdom Even in the several Ages when no difference was between the two Nations in matters of Religion In the Conjuncture of Affairs here in these Times we may not in Duty to your Royal Throne and in the Trust of your Affairs laid upon us forbear to let your Majesty know what divers Apprehensions seem to be entertained in the mind of this People On the one side the Papists here with us and the Papist Rebels do with great Boldness and Alacrity give out that they shall have present Peace in that Peace they presume shall be wound up all the bloody Massacres and fearful Destruction committed on the Persons and Estates of the British and Protestants having now extirpated or banished them which was part of their Work intended and demolished their costly Houses and Buildings throughout the whole Kingdom except the Persons and but the Persons only of a few which we have in Oarrisons and Forts their intent being to become sole Masters of the Kingdom and they farther adjudge that they have gained so strong a Bar of Terror against any coming of New English hither or their inhabiting amongst them as if those Rebels in the Strength and Numbers they now stand may gain Liberty and Freedom of Estates and Security of their Persons they shall hold themselves for ever freed from the Cohabitation of English or the Subjection to any English Government which whatsoever in their frantick Apprehensions they now imagine would soon make them a slavish distracted miserable People as did well appear in the late former Age before which by their continual Assaults on the English in several Kings Reigns and their strugling to expel them they almost got all into their own hands in which Times the few old English Colonies were driven almost Night and Day with their Swords in their hands to peserve their Lives and small Livelyhood On the other side the little Remnant of Protestants are strucken into such Astonishment at these Presumptions of the other party and the foresight of their own Destruction if your Majesties Armies be suddenly laid down as they began to despair of Safety ever to be had here and are therefore ready to forsake the Kingdom and then the Kingdom being left wholly to Irish and so bloody malicious Papists as the Rebels now are it will be very questionable how your Majesty and your Kingdom of England can have safety by them they having boasted that after this Conquest they will invade England and it will be as questionable how England can make a New Conquest without more Charge and Danger than this Kingdom is worth this Kingdom now being in far other case for Towns Forts Ordinances and Places of Strength and Men trained to Wars than in the Times of any former Conquest of this Kingdom The English do fear that if Peace should now be treated of here it would give a stop of farther Supplies of Men Munition Arms or Victuals to be sent hither which the Rebels have long threatned against us and so the Stores being kept weak here the Rebels would not doubt speedily to bring the Protestants into their merciless Power and fall upon them to the full Execution of their former Intendments They consider also besides what they know of former Ages that seeing the Papists and Irish before the Rebellion could not abide to see the English dwell by them and under them when there was full amity and agreement between them all manner of Obligations of Affinity Consanguinity Marriage Friendly Society and Commerce no Oppression Injury or Offence offered to any of them Rents of their Land and all other Profits of the Kingdom raised far higher than in any former Age by the Husbandry and Industry of the English Now after so great encouragement on both sides and so great rancour and malice raised between them by the acts of Cruelty and Violence on all Parties the British and Protestants stand most assured to be devoured by the Irish if they shall stand in strength and numbâ—â— they now do when the English shall offer to disperse and inhabâ—â—â— among them in the way of Peace Besides if Arms could now be safely laid down on both sides and if then the English should adventure to disperse themselves among them though no other violence should be offered them they would be destroyed by very Stealths and Robberies their Remedy being only by Tryal of Juries all Irish who by Positions of Law lately broach'd by Popish Lawyers upon their Queries a little before this Rebellion are not as formerly to be questioned for false Verdicts They consider likewise that the Irish now combin'd in this Rebellion are a Slothful People naturally inclin'd to Spoil Ravage Stealth and Oppression bred in no Trades Manufactures or other civil Industry to live by in Peace wherein they never did nor can endure long to continue naturally loving a Savage and Unbridled course of Life though in these last Thirty Years God blessed your most Renowned Father and your Royal Majesty with a more setled Peace here than had been seen in Ireland for above Two Hundred Years before whereby it is evident that if they were suffered to live alone here they would not nor ever could raise any considerable Revenue to their Prince their Nature being to live ever in Blood and Contention one with another as they always were before the late Peace and setled English Government among them And it is observable that the English now see that
even this was sent to the Lord Lieutenant and His Majesties Directions were prayed therein and the like was done by a Paper of Grievances sent by the Lord Mountgarret to the Earl of Ormand at the same time and in August 1642. the Remonstrants sent to the Earl of Ormond a Petition directed to His Majesty which accordingly the Lords Justices transmitted to him That the Lords Justices did endeavour to stop the spreading of the Rebellion and to reduce the Rebels to Obedience by fair means Viz. by their Proclamations of 23 d. of October and 1 st of November promising Mercy to all that should desist from force by imploying a Committee of Parliament to treat with them but they scornfully rejected the Message and contemptuously tore the Committees Letter and the Order of Parliament and by imploying Doctor Cale and some of their own Clergy to treat with them whom they likewise abused and by authorizing the Lord Moor and afterwards Sir Richard Barnwall and Patrick Barnwall to perswade them to Submission and by giving Commissions to the Lord Gormanstown and other of the Remonstrants but whilst they found Success they were deaf to all Perswasions and now that they are baffled they forge Causes of Complaint so that His Majesty is not misinformed nor the Remonstrants unjustly traduced nor misrepresented to the King To the first Article they say that it is too general and generally untrue that Popery is a New Religion midwived into the World by the Council of Trent which ended 1563 and therefore could not be professed by the Remonstrants nor their Ancestors for 1300 Years that the Irish were at first Protestants as Bishop Vsher hath proved at large and in Henry the Eight's Reign were averse to the Papal Usurpations and consented to Laws to suppress them and generally came to Church until 13 Eliz. some of them flew off upon the Bull of Piut V. and 30 Eliz. upon the Arrival of some Spaniards shipwrackt on the Coast of Ireland the Apostasie became more common however the Recâ—sancy of coming to Church was not general until about the middle of King James his Reign But however that be this is certain that the Papists were so far from being persecuted that all Laws against them were suspended and they enjoyed a Connivance little differing from a Toleration so that even their Ecclesiastical Heirarchy publickly executed their Functions and the Clergy swarmed to that Degree that Paul Harris wrote to Pope Vrban 8ht That it was as difficult to number the Friers in Dublin as to reckon the Frogs in the second Plague of Egypt That notwithstanding the Statute of 2 Eliz. there have been ten chief Judges successively and all the inferior Judges of Irish Birth and Education that the first English Judge that came over after that Statute was Sir Robert Gardiner 29 Eliz. That several Irish Papists had commands in the Queen's Army and were Governors of Counties as the Earl of Thomond Clanrickard c. And even now at the Time of the Insurrection Papists were admitted to be High Sheriffs of Counties Justices of Peace Magistrates of Corporations Marshals upon Occasion Councellors at Law Doctors of Physick Clerks Attornies and Sollicitors c. so that none go abroad but for their Improvement as the Gentry of all Countries do or to Seminaries to become Clergymen And these Popish Natives have had their share of His Majesties Favour in dispensing of Honour several of them having been made Lords Baronets and Knights and such as were capable of it by Conformity and Education were preferred in the Church and even those that were unfit for it and were Papists were nevertheless upon an external and partial Conformity only continued in their Spiritual Dignities by Queen Elizabeth notwithstanding the Statute of 2 Eliz. Their Nobility had all the respect and priviledge which good manners and the Law gives to their Quality and by the industry and improvements of their English Tenants lived more Regularly Plentifully and Gentilely than any of their Ancestors ever did or could and that the Popish Youth were never denied admittance into any Free-School nor into the University nor any Question made about their Religion only when they come to be Graduates they must then conform to the Laws of the Land and the Statutes of the Colledge and the Answerers think that the Remonstrants have small reason to complain whilst they enjoy those Liberties and Favours which are denied to the Popish Natives of England who though less in number are much superior to the Remonstrants in Quality Loyalty and Riches But if the Laws of the Land do exclude Recusants from Offices of Trust and Honour they ought to have patience till his Majesty shall think fit to consent to a Repeal of them nay if their Oppressions were without Law their proper Remedy were by Supplication and Petition to the King and not by Murther Rebellion and Depredation To the Second they say it is an aspersion on the King for the ill choice of his Officers and is so undutiful that no Person of Honour will appear in it it was devised by the Popish Clergy and the Jesuited Lawyers who are the Firebrands of these horrible Flames which have almost consumed the Kingdom and it is notoriously false for the chief Government hath been placed either in Men of Nobility or great Estate or in Men of great Merit and in a high Station none of which ever built their Fortune on the Ruine of the Kings Subjects but some of them have been undone by the unjust clamour of the Irish who never endure long any English Governor that endeavours their legal obedience to the Crown So that of One and Twenty chief Governours successively Thirty Privy Councellors Twelve chief Judges and several inferior Judges sent out of England since the Statute of 2 Eliz. not one of them left any Estate there nor were enriched by that Service and even the Earl of Strafford paid great Sums of Mony for what he bought there whereas such of the Natives of that Kingdom as were Judges have left great and visible estates whereby it will appear who built most upon the Ruines of the Natives That the Natives became suspected and odious in England not by any scandals cast upon them but by their degeneracy and frequent Rebellions whereby Ireland whilst managed by them was always in disorder and so poor that it was a continual charge to England whereas since the management of it by English the dependancy of the People is placed in the Crown Legal Properties are secured the Irish pernicious Customs abolished Civility introduced the Kingdom improved so that it was better able to give Ten Subsidies now than one in former times Trade and Commerce increased the Revenue advanced from 8000 to 85000 l. per Annum the Laws duly administred Religion propagated the Army maintained without oppressing the Subject and a Navy kept to guard the Coasts the People are grown Rich and Numerous the breed of Cattle bettered and
released and the informer dismissed with ten pounds and a Suit of Cloaths or some such Reward 5. Hereunto may be further added another not so plain as the former that about the same time the Lord Baron of Dunsany did ride in disguise throughout all the parts of Munster pretending to satisie his curiosity in the knowledge of Places and Persons he not being discovered until his return at the Birr where having offered himself to be bound for one of his Company he writ himself in his own stile being loath to leave under his Hand a testimony of his disguised Person and assumed Name Hereunto may be added a Motion made by the Recusant Party in the Parliament of Ireland for hindring the sending away of certain Colonels with their Forces raised in the Kingdom and pretended to be for Service of Foreign parts many wondring it should proceed from them but therein considering these their former Practices their intentions may be discovered to be far different from what others conceived thereof who assented thereunto the imploying so many Thousands abroad being a great weakening of the Forces they purposed for this their soon after following Rebellion To descend now from the Antecedents of this Treason to the falling in thereupon and lastly to the consequents and what thereby hath been intended supposing it to succeed and that it attained the desired effect which by them was not doubted of And first for the entrance thereinto howsoever that the ground-work were long since laid yet would they not have it so to seem But new occasion must be found as the sole Cause of their breaking Out this being intended for the satisfying the minds of such of their own as have not hitherto been acquainted with the depth and mystery of this iniquity that they might not stand amazed at the suddenness of the undertaking or stand off from joyning with them in the worst part of their designs it being an apparent Rebellion The fittest means for this must have been by casting aspersions on the present Government which if long tolerated would prove extreamly dangerous not only to their Religion but their Lives and Posterity For effecting hereof reports were cast out that in the Parliament of England the cutting off of all the Papists in Ireland of what degree soever was concluded upon the Execution of that resolution being committed to the Counsel in Ireland The Lords Justices said they had laid down a day for this work being the 23 d. of November then next following and now last past or thereabouts for the better more secure and more secret managing of this pretended Plot such of the Popish Nobility and Gentry of both Houses as appeared in Parliament at Dublin should be secured And for the drawing together of the rest amongst other pretences this alledged to be one That his Majesties Rents were purposely omitted and not called upon in Easter Term with that earnestness as formerly and that such as made default should be Summoned to appear in Michadmas Term at Dublin and there surprised such of them as were in the Country wanting the Heads being easily cut off They say that this pretended Plot was I know not how discovered to them so that for the safety of their Lives and Profession they were inforced to stand upon their Guard and to Counter-work that day of the 23 d. of November laid for their Destruction by their declaring themselves in Arms on the 23 d. of October a Month before The serious part of this discourse was related to me by a Fryar intimate in their Counsel and by a Priest a Popish Vicar General thereby to give me satisfaction and to justifie their proceedings whose Names I do for the present forbear In respect of his Majesties Service By others also it was informed that this Plot was mainly intended in that Session of Parliament next after the Earl of Straffords beheading and the manner concluded upon In the Popish private meetings which were then observed to be frequent and by some suspected might prove dangerous and that for discovery of what provision of Arms and Ammunition our store of Dublin afforded it being by some suspected that most was sent before to Carrickfergus one of the Popish Faction in the House of Commons put one of the Protestant Members to move ☜ that some of the Earl of Straffords men had cast out some threatning Words against the Parliament in revenge of his Lord which could not be conceived to end in less than a Blowing up of the whole Houses of Parliament the Store lying under them whereupon a Committee of both Houses many of them prime Papists were appointed to make search in all the corners of the Store amongst these the Lord Mac Guire was one who was observed without ocasion to be liberal in disposing of Mony to some of the Officers of the Store in a way more than was ordinary with him The last Sessions of Parliament being Prorogued and the time drawing nigh for putting their design in Execution there was a great meeting appointed of the Heads of the Romish Clergy and other Laymen of their Faction said to be at the Abby of Mullifarnam in the County of Westmeath where is a Convent of Franciscans thereof openly and peaceably possessed for many years last past the day of their meeting being also on their Saint Francis day about the beginning of October last but the time and place I cannot considently affirm yet howsoever the several opinions and discussions are as follow like as I have received it from the said Fryar a Franciscan and present there being a Grardian of that Order where among many other things there debated the question was what course should be taken with the English and all others that were found in the whole Kingdom to be Protestants The Council was therein divided 1. Some were for their Banishment without attempting on their lives for this was given the Instance of the King of Spains expelling out of Granado and other parts of his Dominions the Moors to the number of many Hundred thousands all of them beirg dismissed with their Lives Wives and Children with some part of their Goods if not the most part that this his way of proceeding redounded much to the Honour of Spain whereas the slaughter of many Innocents wouls have laid an everlasting blemish of Cruelty on that State that the like usage of the English their Neighbors and to whom many there present owed if no more yet their education would gain much to the cause both in England and other parts That their Goods and Estates Seized upon would be sufficient without medling with their Persons that if the contrary course were taken and their Blood spilt besides the Curse it would draw from Heaven upon their cause it might withal incense and provoke the Neighbor Kingdom of England and that justly to take a more severe revenge on them and theirs even to extirpation if it had the upper hand 2. On the other
doing us Justice nor indeed will any Man in the Country since my Lord of Muskery's departure own a Power of doing right to us But by their diversity of Governments and uncertainty of Governours the Parties Injured are posted from place to place and put to circular and formal courses of Petitioning and Prosecuting by the delay and discouragement whereof they incline rather to sit down with an Injury sustained than to pursue a reparation more grievous in obtaining than the wrong it being in many places unsafe to Travel in their Quarters for any cause whatsoever a Servant of my own being assaulted and attempted to be Murdered in Imokilly for going about my occasions Twelfthly That in November last at a Meeting which I procured in Cappaquin betwixt my Lord of Muskery and John Welsh on their part and other Commissioners on Ours my self being present sundry of these particulars were debated and several of them as the First Second and Fifth sufficiently cleared and evidenced to be injurious to us and that at that time they promised to send unto me within Eight or Ten days such positive orders for redress in those manifest particulars as we could reasonably expect and that in those which were then left doubtful and disputable I should receive the answer of their Supream Council And in all matters besides Commissioners should be assigned to meet with ours within Eight or Nine days to redress all Grievances and to determine all differences But from thenceforth I could never receive any performance of that promise or other satisfaction but having importuned them thereunto I received answer from one of them That more weighty business would not give admission to mine whilst in the interim they keep all things in difference within their own possession and so think it less necessary to descend to any determination By means whereof and of their willful withholding of those Rights whereout I should have raised some reasonable support for His Majesties Forces here more especially by their deteiner of the Three Houndred Pounds worth of Cattle ordered unto me by your Lordship they have driven me to so great Streights and Exigencies that of Nine Hundred Men which I had ready a few Weeks since to send unto his Majesty there remained not Two Hundred to be sent away on Munday last with the Shipping the rest being dispresed through meer want Besides which disadvantage to His Majesties Service the many Injuries Insolencies and Pressures obtruded and Multiplied daily on the poor English doth beget so many heavy clamours and complaints such disencouragements anguish and vexation of Spirit as makes the wretched Souls weary of their Lives and me of the sad and perplexed condition whereunto I am put by having these insufferable and insupportble affronts and difficulties to struggle with whence I implore some immediate rescue suitable to the nature they are of c. Appendix XVIII The Declaration of the Parliament against the Cessation AS it is evident to all the World that this late horrid Rebellion of the Papists in Ireland did without any colour or pretext of Provocation professedly and boldly aim at the destruction of the Protestant Religion the rejecting of the Laws of England and the Extirpation of the British Inhabitants out of that Kingdom So it is no less manifest that this Parliament of England to whom his Majesty hath left the managing of the War against those Rebels hath taken the Troubles of Ireland to heart with that resentment and compassion as may evidence their Zeal to Religion their Love to their Distressed Country-men and Brethren there in these times when the like Jesuitical Practices have cast England into woful Distractions and Unnatural War notwithstanding which the Reducing of Ireland hath still been a chief part of the care of this Parliament and God hath been pleased to bless our endeavours with such success as that those furious Blood-thirsty Papists have been stopped in the carier of their cruelty some part of the Protestant Blood which at first was spilt like Water upon the Ground hath been revenged their Massacres Burnings and Famishings have by a Divine retaliation been repaid into their Bosom and the Protestant Party hath been erected to that condition of Strength and Hope that their Enemies are constrained distrusting their Forces to have recourse to their Craft and Policies and therefore by their subtil Agents at Court and their active Instruments elsewhere have been endeavouring now of a long time to make our Armies in Ireland disaffected to the Parliament what by occasion of their wants not so readily supplyed as their need required what by amusing them with these unhappy differences fallen in here between King and People labouring by that means to divide those Forces into Factions to the end the main work they have in hand might be neglected which is the Prosecuting the War against the Rebels so far brought low in some parts of Ireland that if they can be deprived of the benefit of this Harvest they are not likely to see the next Summer And therefore the Rebels finding that notwithstanding the Distractions here occasioning the slowneâ—s and scarceness of Supplies yet they themselves are in a far worse condition being in a want of most things necessary not only for the maintaining of a War but even of Life the Judgment of God being remarkable upon them in this that as their Bloody and Treacherous Religion made them inhumanely cruel in shedding the Protestants Blood so now the Famine amongst many of them hath made them unnaturally and Canibal-like ☜ Eat and Feed one upon another Therefore that they may have time to expect from their Friends abroad new Supplies both of Victuals and Ammunition and may without molestation reap the Fruit of this Harvest they have laboured a Treaty for a Cessation which Project of theirs doth no less aim at the overthrow of the remainder of the Protestants in that Kingdom than their treacherous taking of Arms at first did intend the destruction of them all for their Cessation and Hostility their War and Peace ☜ are alike to be esteemed of and with those that neither in Peace nor War keep any Faith it is best to be in perpetual Defiance Therefore the Lords and Commons in Parliament assembled according to the continued care of that Kingdom of Ireland do in a special manner take into their consideration the condition thereof upon this occasion of an intended Cessation and so much the rather because it is feared that the Protestant Forces through want of Provisions for their Armies may at last if not relieved be perswaded to admit of this course in hope thereby to procure some means for their subsisting as also because there is too much ground to suspect that if this Cessation should be agreed unto they might have opportunity to joyn with the Popish Party here for their greater strengthning And though it were to have no influence upon this Kingdom yet the evil consequences of it are so
many and pernicious to Ireland that this Parliament should betray the trust reposed in them if they did not declare against this Cessation and use all means in time to make it abortive and therefore they desire that it may be observed and taken notice of First From whence the Counsel and Design of this Cessation ariseth even from the Rebels and Papists themselves for their own Preservation for soon after they had missed of their intent to make themselves absolute Masters of that Kingdom of Ireland by their treacherous Surprises and seeing that this Kingdom did with most Christian and Generous Resolutions undertake the Charges of the War for the Relief and Recovery of Ireland Propositions were brought over from the Rebels by the Lords Dillon and Tafe at which time they were intercepted and restrained by the Order of the House of Commons after that they had the boldness even while their Hands were still imbrued in the Protestants Blood to petition his Majesty that their demands might be heard And for this purpose they obtained a Commission to be sent over into Ireland to divers Persons of Qality whereof some were Papists to Hear Receive and Transmit to his Majesty their Demands which was done accordingly and one Master Burk a Notorious Pragmatick Irish Papist was the chief Sollicitor in this business After this the Just Revenging God giving daily success to handfuls of the Protestant Forces against their great numbers so that by a wonderful Blessing from Heaven they were in most parts put to the worst Then did they begin to set on Foot an Overture for a Cessation of Arms concerning which what going and coming hath been between the Court and the Rebels is very well known and what Meetings and Treatties have been held about it in Ireland by Warrant of his Majesties Ample Commission sent to that effect and what Reception and Countenance most Pragmatical Papists negotiating the business have found at Court and that those of the State in Dublin who had so much Religion and Honesty as to disswade the Cessation were first discountenanced and at last put out of their Places and restrained to Prison as Sir William Parsons One of the Lords Justices there Sir John Temple Master of the Rolls Sir Adam Loftus Vice-Treasurer of Ireland and Treasurer at Wars and Sir Robert Meredith one also of the Council Table Secondly The Lords and Commons desire it may be observed that during all these Passages and Negotiations the Houses of Parliament were never acquainted by the State of Ireland with the Treaty of a Cessation much less was their Advice or Counsel demanded notwithstanding that the care and managing of the War was devolved on them both by Act of Parliament and by his Majesties Commission under the Great Seal to Advise Order and Dispose of all things concerning the Government and Defence of that Kingdom But the wants of the Army were often represented and complained of whereby with much craft a ground was preparing for the Pretext wherewith now they would cover the Counsels of this Cessation as if nothing had drawn it on but the extream Wants of their Armies whereas it is evident that the Reports of such a Treaty have been in a great part the cause of their wants for thereby the Adventurers were disheartened Contributions were stopped and by the admittance to Court of the Negotiators of this Cessation their wicked Councels have had that influence as to procure the Intercepting of much Provisions which were sent for Ireland so that Ships going for Ireland with Victuals and others coming from thence with Commodities to exchange for Victuals have been taken not only by Dunkirkers having his Majesties Warrant but also by English Ships commanded by Sir John Pennington under his Majesty And moreover the Parliament Messengers sent into several Counties with the Ordinance of January last for Loans and Contributions have been taken and imprisoned their Money taken from them and not one Peny either Loan or Contribution hath been suffered to be sent for for Ireland from these Counties which were under the power of the Kings Army while in the mean time the Houses of Parliament by their Ordinances Declarations and Solicitations to the City of London and the Counties free from the terror of the Kings Forces were still procuring not contemptible Aid and Relief for the distresses of Ireland Thirdly As the Lords and Commons have reason to declare against this Plot and Design of a Cessation of Arms as being treated and carryed on without their Advice so also because of the great prejudice which will thereby redound to the Protestant Religion and the encouragement and advancement which it will give to the practice of Popery when these Rebellious Papists shall by this agreement continue and set up with more freedom their Idolatrous Worship their Popish Superstitions and Romish Abominations in all the places of their Command to the dishonouring of God the grieving of all true Protestant Hearts the disposing of the Laws of the Crown of England and to the provoking of the wrath of a Jealous God as if both Kingdoms not smarted enough already for this sin of too much conniving at and tolerating of Antichristian Idolatry under pretext of Civil Contracts and Politick Agreements Fourthly In the Fourth place they desire it may be observed that this Cessation will prove dishonourable to the Publick Faith of this Kingdom it will elude and make null the Acts and Ordinances of Parliament made for the forfeiting of the Rebels Lands at the passing of which Acts it was represented that such a course would drive the Rebels to Despair and it proves so but otherways than was meant for despairing of their Force and Courage they go about to overcome us with their Craft Fifthly and Lastly What shall become of the many Poor Exiled Protestants turned out of their Estates by this Rebellion who must now continue begging their Bread while the Rebels shall enjoy their Lands and Houses And who shall secure the rest of the Protestants that either by their own Courage Industry and great Charges have kept their Possessions or by the success of our Armies have been restored Can there be any assurance gotten from a Perfidious Enemy of a Cossation from Treachery and breach of Agreement when they shall see a fit time and opportunity These and many other considerations being well weighed it will appear evidently that this Design of a Cessacion is a deep Plot laid by the Rebels and really invented for their own Safety and falsly pretended to be for the benefit of the Armies And whereas the Lords and Commons have no certain Information that the Treaty is concluded but are informed by several Letters that all the Protestants as well Inhabitants as Soldiers in that Kingdom are resolved to withstand that proceeding and to adventure on the greatest extremities rather than have any sort of peace with that generation who have so cruelly in time of Peace Murdered many Thousands of our Countreymen
Protestant Subjects And that all the Laws and Statutes established in that Kingdom against Popery and Popish Recusants may continue of Force and be put in due Execution 3. That Restitution be made of all our Churches and Church Rights and Revenues and all our Churches and Chappels re-edified and put in as good Estate as they were at the breaking out of the Rebellion and as they ought to be at the charge of the Confederate Roman-Catholicks as they call themselves who have been the occasion of rhe Deftruction of the said Churches and possessed themselves of the Profits and Revenues thereof 4. That the Parliament now sitting in Ireland may be continued there for the better settlement of the Kingdom and that all Persons duly Indicted in the said Kingdom of Treason Felony or other Heinous Crimes may be duly and legally Proceeded against Outlawed Tryed and Adjudged according to Law and that all Persons lawfully Convicted and Attainted or to be Convicted and Attainted for the same may receive due Punishment accordingly 5. That no man may take upon him or execute the Office of a Mayor or Magistrate in any Corporation or the Office of a Sheriff or Justice of Peace in any City or County in the said Kingdom until he have first taken the Oaths of Supremacy and Allegiance 6. That all Popish Lawyers who refuse to take the Oath of Supremacy and Allegiance may be Suppressed and Restrained from Practice in that Kingdom the rather because the Lawyers in England do not here practise until they take the Oath of Supremacy and it hath been found by Woful Experience that the Advice of Popish Lawyers to the People of Ireland hath been a great cause of their continued disobedience 7. That there may be a present absolute Suppression and Dissolution of all the Assumed Arbitrary and Tyrannical Power which the said Consederates exercise over your Majesties Subjects both in Causes Ecclesiastical and Temporal 8. That all the Arms and Ammunition of the said Confederates be speedily brought into your Majesties Stores 9. That your Majesties Protestant Subjects Ruined and Destroyed by the said Confederates may be Repaired for their great Losses out of the Estates of the said Confederates not formerly by any Acts of this present Parliament in England otherwise disposed of whereby they may the better be enabled to re-inhabit and defend the said Kingdom of Ireland 10. That the said Confederates may Rebuild the several Plantation-Houses and Castles Destroyed by them in Ireland in as good state as they were at the breaking out of the Rebellion which your Majesties Protestant Subjects have been bound by their several Patents to Build and Maintain for your Majesties Service 11. That the great Arrears of Rent due to your Majesty out of the Estates of your Majesties Protestant Subjects at and since Michaelmas 1641 may be paid unto your Majesty by such of the Consederates who have either received the said Rents to the uses of the said Confederates or destroyed the same by disabling your Majesties Protestant Subjects to pay the same and have also destroy'd all or the most part of all other Rents or means of support belonging to your said Protestant Subjects And that your said Protestant Subjects may be discharged of all such Arrears of Rents to your Majesty 12. That the said Confederates may give satisfaction to the Army for the great Arrears due unto them since the Rebellion and that such Commanders as have raised Forces at their own charges and laid forth great Sums of Money out of their own Purses and engaged themselves for Money and Provisions to keep themselves their Holds and Soldiers under their Commands in the due necessary defence of your Majesties Rights and Laws may be in due sort satisfied to the encouragement of others in like times and cases which may happen 13 That touching such parts of the Confederate Estates as being forfeited for their Treasons are come or shall duly come into your Majesties Hands and Possession by that Title your Majesty after the due satisfaction first made to such as claim by former Acts of Parliament would be pleased to take the same into your own Hands and Possession And for the necessary encrease of your Majesties Revenue and better security of the said Kingdom of Ireland and the Protestant Subjects living under your Gracious Government there to plant the same with British and Protestants upon reasonable and honourable Terms 14. That one good Walled Town may be Built and kept Repaired in every County of the said Kingdom of Ireland and Endowed and Furnished with necessary and sufficient means of Legal and Just Government and Defence for the better security of your Majesties Laws and Rights more especially the true Protestant Religion in time of danger in any of which Towns no Papist may be permitted to Dwell or Inhabit 15. That for the better satisfaction of Justice and your Majesties Honour and for the future Security of the said Kingdom and your Majesties Protestant Subjects there exemplary Punishment according to Law may be inflicted upon such as have there Traiterously Levied War and taken up Arms against your Majesties Protestant Subjects and Laws and therein against your Majesty especially upon such as have had their hands in the shedding of Innocent Blood or had to do with the First Plot or Conspiracy or since that time have done any notorious Murder or Overt Act of Treason 16. That all your Majesties Towns Forts and places of Strength destroyed by the said Confederates since the said Rebellion may be by them and at their Charges Re-edified and delivered up into your Majesties hands to be duly put into the Government under your Majesty and your Laws of your good Protestants and that all Strengths and Fortifications made and set up by the said Confederates since the said Rebellion may be slighted and thrown down or else delivered up and disposed of for Protestant Government and Security as aforesaid 17. That according to the Presidents of former times in cases of general Rebellions in Ireland the Attainders which have been duly had by Outlawry for Treason done in this Rebellion may be established and confirmed by Act of Parliament to be in due form of Law transmitted and passed in Ireland and that such Traitors as for want of Protestant and indifferent Jurors to Indict them in the proper County are not yet Indictd not Convicted or Attainted by Outlary or otherwise may upon due proof of their Offences be by like Acts of Parliament Convicted and Attainted and all such Offenders forfeit their Estates as to Law appertaineth and your Majesty to be adjudged and put in possession without any Office or Inquisition to be had 18. That your Majesties Protestant Subjects may be restored to the quiet Possession of all their Castles Houses Mannors Lands Tenements Hereditaments and Leases and to the quiet possession of the Rents thereof as they had the same before and at the time of the breaking forth of this Rebellion and from whence
without due process and Judgment of Law they have since then been put or kept out and may be answered of and for all the mean profits of the same in the interim and for all the time until they shall be so restored 19. That your Majesties said Protestant Subjects may also be restored to all their Monies Plate Jewels Houshold-stuff Goods and Chattels whatsoever which without due Process or Judgment of Law have been by the said Confederates taken or detained from them since the contriving of the said Rebellion which may be gained in kind or the full value thereof if the same may not be had in kind and the like restitution to be made for all such things which during the said time hath been delivered to any Person or Persons of the said Confederates in trust to be kept or preserv'd but are by colour thereof still withholden 20. That the establishment and maintenance of a compleat Protestant Army and sufficient Protestant Soldiers and Forces for the time to come be speedily taken into your Majesties Prudent Just and Gracious Consideration and such a course laid down and continued according to the Rules of good Government that your Majesties Right and Laws the Protestant Religion and Peace of that Kingdom be no more endangered by the like Rebellions in time to come 21. That whereas it appeareth in Print that the said Confederates amongst other things aim at the Repeal of Poyning's Law thereby to open an easy and ready way in the passing of Acts of Parliament in Ireland without having them first well considered of in England which may produce many dangerous consequences both to that Kingdom and to your Majesties other Dominions your Majesty would be pleased to resent and reject all propositions tending to introduce so great a diminution of your Royal and necessary Power for the confirmation of your Royal Estate and protection of your good Protestant Subjects both there and elsewhere 22. That your Majesty out of your grace and favour to your Protestant Subjects of Ireland would be pleased to consider effectually of answering them that you will not give order for or allow of the transmitting into Ireland any Act of general Oblivion Release or Discharge of Actions or Suits whereby your Majesties said Protestant Subjects there may be barred or deprived of their legal Remedies which by your Majesties Laws and Statutes of that Kingdom they may have against the said Confederates or any of them or any of their Party for and in respect of any wrongs done unto them or any of their Ancestors or Predecessors in or concerning their Lives Liberties Persons Lands Goods or Estates since the contriving and breaking forth of the said Rebellion 23. That some fit course may be considered of to prevent the filling or overlaying of the Commons House of Parliament in Irelaâ—d with Popish Recusants being ill affected Members and that provision be duly made that none shall vote or sit therein but such as shall first take the Oaths of Allegiance and Supremacy 24. That the proofs and manifestations of the truth of the several matters contained in the Petition of your Majesties Protestant Subjects of Ireland lately presented to your Majesty may be duly examined discussed and in that respect the final conclusion of things respited for a convenient time their Agents being ready to attend with proofs in that behalf as your Majesty shall appoint In Answer whereunto it was replyed by the Committee of Lords and others of Irish affairs at Oxford 1. THat their Lordships did not think that the Propositions presented by the Protestant Agents to his Majesty and that Morning read before their Lordships were the sense of the Protestants of Ireland 2. That those propositions were not agreeable to the Instructions given the said Agents by the Protestants of Ireland 3. That if â—hose Propositions were not withdrawn they would lay a prejudice on his Majesty and his Ministers to posterity these remaining on Record if a Treaty should go on and Peace follow which the Kings necessity did enforce and that the Lords of the Committee apprehended the said Agents did flatly oppose a Peace with the Irish 4. That it would be impossible for the King to grant the Protestants Agents desires and grant a Peace to the Irish 5. That the Lords of the Committee desired the Protestant Agents to propose a way to effect their desires either by Force or Treaty considering the condition of his Majesties affairs in England To the First Note the Paâ—â—liament of Iâ—eland was interogated on the point and did declare their concurrence with what their Agents had done the Protestant Agents replyed That they humbly conceived that the Propositions which they had presented to his Majesty were the sense of the Protestants of Ireland To the Second That the Propositions are agreeable to the instructions given to the said Agents by the Protestants of Ireland and conduced to the well settlement of that Kingdom To the Third that they had no thought to draw prejudice on his Majesty or their Lordships by putting in those Propositions neither had they so soon put in Propositions had not his Majesty by his Answer to the Protestant Petition directed the same To the Fourth The said Agents humbly conceived that they were imployed to make proof of the effect of the Protestant Petition to manifest the Inhumane Cruelties of the Rebels and then to offer such things as they they thought fit for the security of the Protestants in their Religion Lives Liberties and Fortunes that the said Protestants had not disaffection to Peace so as Punishment might be inflicted according to Law as in the Propositions are expressed and that the said Protestants might be repaired for their great Losses out of the Estates of the Rebels not formerly by any Acts of this present Parliament in England otherwise disposed of which the said Agents desired might be represented to his Majesty and the Lords of the Committee accordingly To the Fifth that the said Protestant Agents were Strangers to His Majesties affairs in England and conceived that part more proper for the Advice of his Councils than the said Agents and therefore desired to be excused for medling in the Treaty further than the manifesting of the Truth of the Protestant Petition and purposing in the behalf of the Protestants according to the Instructions given them which the said Agents were ready to perform whensoever they should be admitted thereunto Touching which and other particulars there were many motions but the proofs they would have insisted upon by the importunity of other affairs never came to their due discussion Appendix XXII Instructions for the Agents who are to attend His Most Sacred Majesty on the behalf of His Majesties Protestant Subjects of Ireland 1. FIrst most humbly to represent unto His Most Sacred Majesty the Remonstrance or Petition of his truly obedient and loyal Subjects the Protestants of this his Kingdom of Ireland intituled To the King 's Most Excâ—llent Majesty
inconveniencies the Supremacy of Rome and take away or much endanger your Majesties supream and just Authority in Causes Ecclesiastical Administration of Honour and Power not to be endured the said Acts extending as well to seditious Sectaries as to Popish Recusants so as by the Repeal thereof any Man may seem to be left to chuse his own Religion in that Kingdom which must needs beget great Confusion and the abounding of the Roman Clergy hath been one of the greatest Occasions of this late Rebellion Besides it is humbly desired that your Majesty will be pleased to take into your gracious Consideration a Clause in the Act of Parliament passed by your Majesties Royal Assent in England in the 17 th year of your Reign touching Punishments to be inflicted upon those that shall introduce the Authority of the See of Rome in any Cause whatsoever 2. Prop. That your Majesty will be pleased to call a free Parliament in the said Kingdom to be held and continued as in the said Remonstrance is expressed and the Statute of the Tenth Year of King Henry the Seventh called Poyning'â— Acts explaining or enlarging the same be suspended during that Parliament for the speedy Settlement of the present Affairs and the Repeal thereof to be there further considered of Answ Whereas their desire to have a free Parliament called reflecteth by secret and cunning Implication upon your Majesties present Parliament in Ireland as if it were not a free Parliament We humbly beseech your Majesty to represent how dangerous it is to make such insinuation or intimation to your People of that Kingdom touching that Parliament wherein several Acts of Parliament have already past the validity whereof may be endangered if the Parliament should not be approved as a free Parliament and it is a point of high Nature as we humbly conceive is not properly to be discussed but in Parliament and your Majesties said Parliament now sitting is a free Parliament in Law holden before a Person of Honour and Fortune in the Kingdom composed of good loyal and well-affected Subjects to your Majesty who doubtless will be ready to comply in all things that shall appear to be pious and just for the good of the true Protestant Religion and for your Majesties Service and the good of the Church and State that if this present Parliament should be dissolved it would be a great Terror and Discontent to all your Majesties Protestant Subjects of the Kingdom and may be also a means to force many of your Majesties Subjects to quit that Kingdom or peradventure to adhere to some other party there in opposition of the Romish Irish Confederates rather than to be liable to their Power which effects may prove of most dangerous Consequence And we humbly offer to your Majesties Consideration your own gracious Expression mentioned in the Grounds and Motives inducing your Majesty to agree to a Cessation of Arms for one whole Year with the Roman Catholicks of Ireland Printed at Oxford the Ninteenth of October 1643. And let all our good Subjects be assured that as we have for these reasons and with Caution and Deliberation consented to the Proposition to peace and to that purpose do continue our Parliament there so we shall proceed in the accomplishing thereof with that Care and Circumspection that we shall not admit even Peace it self otherwise than it may be agreeable to Conscience Honour and Justice We also humbly desire that such Laws as your Majesty shall think fit to pass may be transmitted according to Poyning's Law and other Laws of Explanation thereof or of Addition thereunto now in force with great Contentment and Security to your Majesties Protestant Subjects but if the present Parliament be dissolved we humbly represent unto your Majesty that so many of your ablest and best Protestant Subjects have been murthered or banished by this Rebellion that few or no Protestant Freeholders will be found in the Countries Cities or Boroughs to elect and chuse Knights Citizens or Burgesses which will be most dangerous to your Majesties Rights and Prerogatives and good Subjects and may beget great disputes in After-times for the repealings of Poyning's Acts notwithstanding their seigned Expressions of their Loyalty yet it plainly appeareth they do not repose such Trust in your Majesties Justice as becomes Loyal Subjects to do and such they pretend themselves to be for that they seek thereby to prevent your Majesty and your Council of England and Ireland of so full a View and Time of Mature Consideration to be had of Acts of Parliament of Ireland before they pass as in prudence is requisite and hath been found necessary by the Experience of well near Two Hundred Years and if their intentions were so clear as they profess we know not why they should avoid the strictest View and Trial of your Majesty and your Councils of both Kingdoms this their desire tending to introduce a grand Diminution to the royal and necessary Power for the Conservation of your regal State and Protection of your good Protestant Subjects there and elsewhere and what special use they aim at in seeking such a repeal your Protestant Subjects as they know not the particular so can they conjecture of none unless the said Confederates have some design by way of surprize to obtrude upon your Majesty in their new desired Parliament some Acts of Justification of their ill-done Actions and for condemning such of your Protestant Subjects as have in their several Degrees most faithfully served your Majesty there which we the rather believe seeing they have vowed by their Oath of Association and the Bull lately published in Ireland since the Cessation the Destruction of the Protestants there when they have the Sword in their hands to put the same in Execution 3. Prop. That all Acts and Ordinances made and passed in the now pretended Parliament in that Kingdom since the Seventh Day of August 1641. be clearly annulled and declared void and taken off the File Answ We humbly desire that they particularize those Orders and Ordinances which may prejudice your Majesties Service for we are well assured that the Parliament now sitting in Ireland on Signification of your Majesties Pleasure therein will give your Majesty full satisfaction or repeal any unjust Orders or Ordinances whatsoever which may be prejudicial to your Majesty And there may be some Orders or Ordinances which may concern particular Persons in their Lives Liberties or Fortunes that may suffer unheard by the admitting of so general a Proposition which is meerly proposed as we humbly conceive to put a Scorn upon your Majesties Parliament now sitting there and to discourage your Protestant Subjects who have faithfully served your Majesty in that Parliament 4. Prop. That all Indictments Attainders Outlawries in the King's-Bench or elsewhere since the said Seventh Day of August 1641. and all Letters Patents Grants Leases Custodiums Bonds Recognizances and all other Records Act or Acts depending thereon or in prejudice of the said Catholicks
or any of them be taken off the File annulled and declared void First by your Majesties Proclamation and after by Act to be passed in the said free Parliament Answ This we conceive to be a very bold Proposition not warranted as we also conceive by any Example and tending to introduce an ill President in After-times for that was never seen that the Records were taken off the File but where there was some Corruption or Fraud or some illegal or unjust Carriage used concerning the procuring or making up of such Records and the same first we 'll proved upon due Examination and that may not only conceal but in some sort seem to justify their abominable Treasons Murders Cruelties Massacres and Plunders acted against your Majesties Person Crown and Dignity upon the Persons of your Majesties most Loyal Protestant Subjects in that Kingdom and encourage the Papists to do the like again besides the discouragement it may beget in your Majesties Officers and Subjects to do their duties in the like Insurrections which may happen hereafter which also may prove very prejudicial to your Majesties Rights and Revenues if the Records to support the forfeitures wherein many of them are or may be grounded should be taken off the File and Cancelled 5. Prop. That inasmuch as under colour of such Outlawries and Attainders Debts due unto the said Catholicks have been Granted Levyed and disposed of and of the other side that Debts due upon the said Catholicks to those of the adverse Party have been levyed and disposed of to publick use that therefore all Debts be by Act of Parliament mutually released or all to stand in Statu quo notwithstanding any Grant or Dispossession Answ We humbly conceive that in time of Peace and most setled Government when the course of Law and Justice is most open and best observed that Debts due unto the Crown actually levyed and paid in to your Majesties use ought not to be restored though the Records of the Forfeitures should be legally reversed which is far from the present Case and this Proposition tendeth to cross that just right of your Majesty and to make the disposition by the Confederate Papist Rebels of Debts due to Protestants and by the said Rebels by Fraud and Force levied and disposed in maintenance of their Rebellion which cunningly they call by the name of Publick use to be in equal degree to the debts owing by the Rebels and by them all forfeited and many of them by Law duly levyed which is a most unequal and unjust thing and the said Proposition cannot nor doth make offer to have the Pope's Confederates cut off from the debts due to them which they have justly forfeited but only for a colour of consideration to have the Protestants lose such Debts justly due to them as have been unjustly taken from them who have done no Act at all to forfeit them 6. Prop. That the late Officers taken or found upon feigned or old Titles since the Year 1634 to intitle your Majesty to several Counties in Connaught Thomond the County of Tipperary Limrick Killkenny and Wicklow be vacated and taken off the File and the Possessors thereof setled and secure in their antient Estates by Act of Parliament and that the like Act of Limitation of your Majesties Titles for the security of the Estates of your Subjects in that Kingdom be passed in that Parliament as was enacted in the One and Twentieth Year of his late Majesties Reign in this Kingdom Answ We know not of any Offices found or feigned Titles nor what the Confederates may demand in respect of any Graces promised by your Majesty which we intend not nor have any occasion to dispute but do humbly conceive that all those who have committed Treason in the late Rebellion subsequent to your Majesties Promise of those Graces have thereby forfeited the benefit thereof together with the Lands to which the said Graces might else have related and so their whole Estates are now justly fallen to your Majesty by their Rebellion which we conceive is of great importance for your Majesties Service to be taken into consideration As First with regard of the Statutes made in the present Parliament of England Secondly that necessary increase of your Majesties Revenue decayed by the present Rebellion Thirdly the abolishing the evil Customs of the Irish and preservation of Religion Laws and Government there Fourthly the satisfaction of the Protestant Subjects losses in some measure Pifthly the Arrears of your Majesties Army and other debts contracted for the War and for preservation of that Kingdom to your Majesty Sixthly the bringing in of more British on the Plantation Seventhly the building of some walled Towns in remote and desolate places for the Security of that Kingdom and your Majesties good Subjects there Eighthly the taking of the Natives from their former dependency on their Chieftains who usurped an absolute Power over them to the diminution of all Regal power and to the oppression of the Inferiors 7. Prop. That all Marks of Incapacity imposed upon the Natives of that Kingdom to purchase or acquire Lands Leases Offices or Hereditaments be taken away by Act of Parliament and the same to extend to the securing of Purchases Leases or Grants already made and that for the Education of Youth an Act be passed in the next Parliament for the erecting of one or more Inns of Court Vniversities Free and Common-Schools Answ This we conceive concerneth some of the late Plantations and no other part of that Kingdom and that the restriction herein mentioned is found to be of great use especially for the indifferency of Trials Strength of the Government and for Trade and Traffick and we humbly conceive that if other Plantations shall not proceed for the setling and securing of the Kingdom and that if no restraint be made of Popish purchasing or buylng of the Protestants out of their former Plantations where they were prudently setled though now cast out of their Estates by the late Rebellion and unable to plant the same again for want of means and therefore probably upon easie Terms will part from their Estates to the Confederates that those Plantations will be destroyed to the great prejudice of your Majesties Service and endangering of the Safety of that Kingdom Touching bearing of Offices we humbly conceive that their now Conformity to the Laws and Statutes of that Realm is the only Mark of Incapacity imposed upon them We humbly conceive that we ought not to expect to be more capable there than the Englssh Natives are here in England In like manner for Schools in Ireland there are divers setled in that Kingdom already by the Laws and Statutes of that Realm if any Person well affected shall erect and endow any more Schools there at their own Charges so that the School-masters and Scholars may be governed according to Laws Customs and Orders of England and the rest of Free-Schools here we cannot apprehend any just exception thereunto But
touching Universities and Inns of Court We humbly conceive that this part of the Proposition savoureth of some desire to become independant upon England or to make aspersion on the Religion and Laws of the Kingdom which can never be truly happy but in the good Unity of both in the true Protestant Religion and in the Laws of England for as for matter of charge such of the Natives that are desirous to breed their Sons for Learning in Divinity can be well content to send them to the Universities of Lovane Doway and other Popish places in foreign Kingdoms and for Civil Law or Physick to Padua and other places which draws great Treasure yearly out of your Majesties Dominions but will send few or none of them to Oxford or Cambridge where they might as cheeply be bred up and become as Learned which course I conceive is holden out of their Pride and Disaffection towards this Kingdom and the true Religion here professed And for the Laws of the Land which are for the Common Law agreable to England and so for the greatest part of the Statutes the Inns of Court in England are sufficient and the Protestants come thither without grudging and that is a means to civilize them after the English Customs to make them familiar and in love with the Language and Nation to preserve Law in the Purity when the Professors of it shall draw from one original Fountain and see the manner of the practice of that in the same great Channel where His Majesties Courts of Justice of England do flow most clearly whereas by separation of the Kingdoms in that place of their principal Instruction where their Foundations of Learning are to be laid a degenerate Corruption in Religion and Justice may happily be introduced and spread with much more difficulty to be corrected and restrained afterwards by any Discipline to be used in Ireland or punishment there to be inflicted for departing from the true Grounds of things which are best preserved in Unity when they grow out of the same Root than if such Universities and Inns of Court as are proposed should be granted all which we humbly submit to your Majesties most pious and prudent Consideration and Judgment 8. Prop. That the Offices and Places of Command Honour Profit and Trust within that Kingdom be conferred upon Roman Catholick Natives in equality and indifferency with your Majesties other Subjects Answ We humbly conceive that the Roman Catholicks Natives of Ireland may have the like Offices and Places as the Roman Catholicks Natives of England have here and not otherwise howbeit we conceive that in the generality they have not deserved so much by their late Rebellion therefore we see not why they should be endowed with any new or farther Capacities or Priviledges than they have by the Laws and Statutes now in force in that Kingdom 9. Prop. That the insupportable Oppression of your Subjects by reason of the Court of Wards and Respit of Homage be taken away and certain Revenue in Lieu thereof setled upon your Majesty without Diminution of your Majesties Profits Answ We know of no Oppression by reason of the Court of Wards and we humbly conceive that the Court of Wards is of great use for the raising of your Majesties Revenues the preservation of your Majesties Tenures and chiefly the Education of the Gentry in the Protestant Religion and in Civility and Learning and good Manners who otherwise would be brought up in Ignorance and Barbarism their Estates be ruined by their Kindred and Friends and continue their depending upon their Chieftains and Lords to the great prejudice of your Majesties Service and Protestant Subjects and there being no colour of exception to your Majesties just Title to Wardships we know not why the taking away of your Court concerning the same should be pressed unless it be to prevent the Education of the Lords and Gentry that fall Wards in the Protestant Religion For that part of this Proposition which concerns Respit of Homage We humbly conceive that reasonable that some way may be setled for that if that standeth with your Majesties good Pleasure without prejudice to your Majesty or your Majesties Protestant Subjects 10. Prop. That no Lord not estated in the Kingdom or estated and not resident shall have vote in the said Parliament by proxy or otherwise and none admitted to the House of Commons but such as shall be estated and resident within the Kingdom Answ We humbly conceive that in the Year 1641 by the Graces which your Majesty then granted to your Subjects of Ireland the matter of this Proposition was in a fair way regulated by your utter abolishing of blank Proxies and limiting Lords present and attending in the Parliament of Ireland that no one of them should be capable of more Proxies than two and prescribing the Peers of that Kingdom not there resident to purchase fitting Proportions of Land in Ireland within five Years from the last of July 1641 or else to lose their Votes till they should make such purchases which purchases by reason of the Troubles hapning in the Kingdom and which have continued for two years and a half have not peradventure yet been made and therefore your Majesty may now be pleased and may take just occasion to enlarge that time for five Years more from the time when that Kingdom may again be setled in a happy firm peace And as to Members of the House of Commons the same is most fit as we humbly conceive to be regulated by the Laws and Statutes of that Kingdom 11. Prop. That an Act be passed in the next Parliament declaratory that the Parliament of Ireland is a free Parliament of it self independant of and not subordinate to the Parliament of England and that the Subjects of Ireland are immediately subject to your Majesty as in right of your Revenue and that the Members of the said Parliament of Ireland and all other the Subjects of Ireland are independant and no way to be ordered or concluded by the Parliament of England and are only to be ordered and governed within that Kingdom by your Majesty and such Governours as are or shall be there appointed and by the Parliament of that Kingdom according to the Laws of the Land Answ This Proposition concerns your Majesties High Court of Parliament both of England and Ireland and is beyond our Abilities who are not acquainted with the Records and Presidents of this Nature to give an Answer thereunto and therefore we humbly desire your Majesties pardon for not answering unto the same 12. Prop. That the assumed Power or Jurisdiction in the Council Board of determining all Manner of Causes be limited to Matters of State and all Patents Estates and Grants illegally and extrajudicially avoided there or elsewhere be left in State as before and the Parties grieved their Heirs or Assigns till legal Eviction Answ The Council-Table hath always exercised Jurisdiction in some Cases ever since the English Government
agreed upon by and between the said Parties and His Majesty is further graciously pleased that all Incapacities imposed upon the Natives of this Kingdom or any of them as Natives by any Act of Parliament Provisoes in Patents or otherwise be taken away by Act to be passed in the said Parliament and that they may be enabled to erect one or more Inns of Court in or near the City of Dublin and that such Students Natives of this Kingdom as shall be therein may take and receive the usual Degrees accustomed in any Inns of Court they taking the Oath already mentioned And that they may erect one or more Universities to be Governed by such Rules and Orders as His Majesty shall appoint And it is further concluded and agreed by and between the said Parties and His Majesty is graciously pleased that the said Roman-Catholick Subjects may erect and keep Free-Schools for education of Youth in this Kingdom any Law or Statute to the contrary notwithstanding all the matters of this Article to be passed as Acts of Parliament in the said next Parliament 8. It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is graciously pleased That Places of Command Honour Profit and Trust in His Majesties Armies in this Kingdom shall be upon perfection of these Articles actually and by particular instances conferred upon His Roman-Catholick Subjects of this Kingdom and that upon the distribution conferring and disposal of the Places of Command Honor Profit and Trust in his Majesties Armies in this Kingdom for the future no difference shall be made between the said Roman-Catholicks and other His Majesties Subjects but that such distribution shall be made with equal indifferency according to their respective Merits and Abilities And that all his Majesties Subjects of this Kingdom as well Roman-Catholicks as others shall for his Majesties Service and their own security arm themselves the best they may wherein they shall have all fitting encouragement And the Places of Command Honour Profit and Trust in Civil Government in this Kingdom shall be upon passing of the Bills in these Articles mentioned in the next Parliament actually and by particular instances conferred upon his Majesties Roman-Catholick Subjects of this Kingdom and that in the distribution conferring and disposal of the places of Command Honour Profit and Trust in the Civil Government for the future no difference shall be made between the said Roman-Catholicks and others His Majesties Subjects but that such distribution shall be made with equal indifferency according to their respective merits and abilities and that in the distribution of Ministerial Offices or Places which now are or hereafter shall be void in this Kingdom equality shall be used to the Roman-Catholick Natives of this Kingdom as to other his Majesties Subjects That the Command of Forts Castles Garrisons Towns and other Places of Importance in this Kingdom shall be conferred upon His Majesties Roman-Catholick Subjects of this Kingdom upon perfection of these Articles actually and by particular instances and that in the distribution conferring and disposal of the Forts Castles Garrisons Towns and other places of Importance in this Kingdom no difference shall be made between his Majesties Roman-Catholick Subjects of this Kingdom and other his Majesties Subjects but that such distribution shall be made with equal indifferency according to their respective Merits and Abilities 9. It is further concluded accorded and agreed upon by and between the said Parties and his Majesty is further Graciously pleased that His Majesty will accept of the Yearly Rent or Annual Sum of Twelve Thousand Pounds Sterling to be applotted with indifferency and equality and consented to be paid to His Majesty his Heirs and Successors in Parliament for and in lieu of the Court of Wards in this Kingdom Tenures in Capite common Knights service and all other Tenures within the Cognizance of that Court and for and in Lieu of all Wardships primer Seisins Fines Ousterlemains Liveries Intrusions Alienations Mesne-rates Reliefs and all other Profits within the Cognizance of the said Court or Incident to the said Tenures or any of them or Fines to accrew to His Majesty by reason of the said Tenures or any of them and for and in lieu of Respites and Issues of Homage and Fines of the same And the said Yearly Rent being so Applotted and consented unto in Parliament as aforesaid then a Bill is to be agreed on in the said Parliament to be Passed as an Act for the securing of the said Yearly Rent or Annual Sum of Twelve thousand pounds to be Applotted as aforesaid and for the Extinction and taking away the said Court and other matters aforesaid in this Article contained And it is further Agreed that reasonable Compositions shall be accepted for Wardships fallen since the 23 d. of October 1641. and already granted And that no Wardships fallen or not granted or that shall fall shall be past until the Success of this Article shall appear And if His Majesty be Secured as aforesaid Then all Wardships fallen since the said 23 d. of October are to be included in the Agreement aforesaid upon Composition to be made with such as have Grants as aforesaid which composition to be made with the Grantees since the time aforesaid is to be left to indifferent Persons and the Umpirage to the said Lord Lieutenant His Majesties Commissioner 10. It is further concluded accorded and agreed by and between the said Parties and His Majesty is further graciously pleased that no Nobleman or Peer of this Realm in Parliament shall be hereafter capable of more Proxies than two and that blank Proxies shall be hereafter totally disallowed and that if such Noblemen or Peers of this Realm as have no Estates in this Kingdom do not within Five Years to begin from the conclusion of these Articles Purchase in this Kingdom as followeth viz. A Lord Baron two hundred pounds per annum a Lord Viscount four hundred pounds per annum and an Earl six hundred pounds Ster per annum shall lose their Votes in Parliament until such time as they shall afterwards acquire such Estates respectively And it is further agreed that none be admitted into the House of Commons but such as shall be Estated and Resident within this Kingdom 11. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that as for and concerning the Independency of the Parliament of Ireland on the Parliament of England His Majesty will leave both Houses of Parliament in this Kingdom to make such Declaration therein as shall be agreeable to the Laws of the Kingdom of Ireland 12. It is further Concluded Accorded and Agreed by and between the said parties and His Majesty is further graciously pleased That the Council Table shall contain it self within it's proper bounds in handling matters of State and weight fit for that place amongst which the Patents of Plantation and the Offices
take notice of and pursue the said Act of Oblivion without Pleading or Suit to be made for the same And that no Clerk or other Officers do make out or write out any manner of Writs Processes Summons or other Precepts for concerning or by reason of any Matter Cause or Thing whatsoever Released Forgiven Discharged or to be Forgiven by the said Act under pain of Twenty pound Sterling And that no Sheriff or other Officers do Execute any such Writ Process Summons or Precept and that no Record Writing or Memory do remain of any Offence or Offences Released or Forgiven or mentioned to be Forgiven by this Act And that all other causes usually inserted in Acts of General Pardon or Oblivion enlarging His Majesty's Grace and Mercy not herein particularized be inserted and comprized in the said Act when the Bill shall be drawn up with the Exceptions already expressed and none other Provided always that the said Act of oblivion shall not extend unto any Treason Felony or other Offence or Offences which shall be committed or done from or after the Date of these Articles until the First day of the before mentioned next Parliament to be held in this Kingdom Provided also that any Act or Acts which shall be done by vertue pretence or in persuance of these Articles or any of them after the Publication of the said Articles or any Act or Acts which shall be done by Vertue Colour or Pretence of the Power or Authority used or exercised by and amongst the confederate Roman Catholicks after the Date of these Articles and before the said Publication shall not be Accounted Taken Construed or be Treason Felony or other Offence to be excepted out of the said Act of Oblivion Provided likewise that the said Act of Oblivion shall not extend unto any Person or Persons that will not Obey and Submit unto the Peace Concluded and Argeed on by these Articles 16. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that an Act be Passed in the next Parliament prohibiting that neither the Lord Deputy or other Chief Governor Governors Lord Chancellor Lord High-Treasurer Vice-Treasurer Chancellor or any of the Barons of the Exchequer Privy Council or Judges of the four Courts be Farmours of His Majesty's Customs within this Kingdom 17. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that an Act of Parliament Pass in this Kingdom against Monopolies such as was Enacted in England 21. Jacobi Regis with a further clause of Repealing all Grants of Monopolies in this Kingdom and that Commissioners be Agreed upon by the said Lord Lieutenant and the Lord Viscount Mountgarret c. or any Five or more of them to set down the Rates for the Custom or Imposition to be laid on Aquavite Wine Oyl Yarn and Tobacco 18. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that such Persons asshall be Agreed on by the said Lord Lieutenant and the said Lord Viscount Mountgarret c. or any Five or more of them shall be upon conclusion of these Articles Authorized by Commission under the great Seal to Regulate the Court of Castle-Chamber and such causes as shall be brough into and censured in the said Court 19. It is further Concluded Accorded and Agreed by and between the said Parties and his Majesty is further graciously pleased that two Acts lately Passed in this Kingdom prohibiting the Plowing with Horses by the tail and the other prohibiting the burning of Oats in the Straw be Repealed 20. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that upon perfection of these Articles such course shall be taken against such who have disobeyed the Cessation and will not submit to the Peace if any shall Oppose it as shall be just and for the Peace of the Kingdom 21. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased forasmuch as upon application of Agents from this Kingdom unto His Majesty in the Fourth Year of his Reign and lately upon humble Suit made unto His Majesty by a Committee of both Houses of the Parliament of this Kingdom Order was given by His Majesty for redress of several Grievances and for so many of those as are not expressed in these Articles whereof both Houses in the next ensuing Parliament shall desire the benefit of His Majesty 's said former directions for Redresses therein that the same be afforded them yet so as for prevention of inconveniencies to His Majesties Service that the warning mentioned the 21 st Article of the Graces in the Fourth Year of His Majesties Reign be so understood that the Warning being left at the Persons dwelling Houses be held sufficient Warning and that as to the 22 d. Article of the said Graces the Process hitherto used in the Court of Wards do still continue as hitherto it hath done in that and hath been used in other English Courts but the Court of Wards being compounded for so much of the aforesaid Answer as concerns Warning and Process shall be omitted 22. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that Maritime causes may be determined in this Kingdom without driving of Merchants or others to Appeal and seek Justice elsewhere and if it shall fall out that there be cause of an Appeal the Party grieved is to Appeal to His Majesty in the Chancery of Ireland and the Sentence thereupon to be given by the Delegates to be Definitive and not to be questioned upon any further Appeal except it be in the Parliament of this Kingdom if the Parliament shall then be Sitting otherwise not This to be by Act of Parliament 23. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty out of His abundant Grace and Goodness to His Subjects of this Kingdom is graciously pleased to Assent that his said Subjects be eased of the increase of Rents lately raised on them upon the Commission of Defective Titles in the Earl of Straffords Government This to be by Act of Parliament 24. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that by Act to be Passed in the next Parliament all the arrears of Interest of Mony which did accrew or grow due by way Debt Mortgage or otherwise and yet not satisfied since the 23 d. of October 1641. until the perfection of these Articles shall be fully Forgiven and Released And that for and during the space of Three Years next ensuing no more shall be taken for Use or Interest or Mony than Five Pounds percent and in all Cases of Equity arising
the said Lord Viscount Mountgarret and the rest of the Persons to be authorised as aforesaid or any Five or more of them and as to his Majesties Rents to grow due at Easter next and from thenceforth the same to be payable unto his Majesty notwithstanding any thing contained in the Article of the Act of Oblivion or in any other Article to the contrary but the same not to be written for or Lewed until a full settlement in Parliament as aforesaid 30. It is further concluded accorded and agreed by and between the said Parties and his Majesty is further graciously pleased That the Commissioners of Oâ—er and Terminer and Goal delivery to be named as aforesaid shall have power to hear and determine all Murthers Manslaughters Rapes Stealths Burning of Houses and Corn in Reek or Stacks Robberies Burglaries Forceable Entries Detainers of Possessions and other Offences committed or done and to be committed and â—one from the 15 th of September 1643 until the First day of the next Parliament These present Articles or any thing therein contained to the contrary notwithstanding Provided that the authority of the said Commissioners shall not extend to question any Person or Persons for doing or Committing any Act whatsoever before the conclusion of this Treaty by vertue or colour of any Warrant or Direction from those in pâ—ublick Authority among the Confederate Catholicks nor unto any Act which shall be done after the perfecting and concluding of these Articles by vertue or pretence of any authority which is now by these Articles agreed on Provided also the said Commission shall not continue longer than to the First day of the next Parliament In witness whereof his Excellency the Marquess of Ormond Lord Lieutenant of Iâ—eland his Majesties Commissioner to that part of these Articles remaining with the said Richard Lord Viscount Mountgarret c. and the said Lord Viscount Mountgarret c to that part of these Articles remaining with the said Lord Lieutenant have put their Hands and Seals at Dublin this 28 th day of March 1646 and in the Two and Twentieth Year of the Reign of our Sovereign King Charles King of Great Britain France and Ireland c. Appendix XXV The Petition of the Protestants of Munster against a Peace with the Irish to the Right Honourable the Lord Lieutenant General and Council of Ireland Humbly Sheweth THAT whereas after a long and happy enjoyment of the Peace and Prosperity under which by his Majesties Gracious Government this Land did lately flourish the Irish Papists of this Kingdom have on or about the Three and Twentieth day of October 1641 entred into a most Wicked and Treacherous Conspiracy to surprise the then Lords Justices and Council together with the City of Dublin and all other his Majesties Forts and Holds within this Kingdom intending thereby totally and at once to extirpate the Protestant Religion and English Nation from amongst them and consequently to alienate this Kingdom from the Crown and Government of England And for those ends although they were by the Divine Providence disappointed in the main point of that Bloody and Cruel design have pursued the same with indefatigable malice into Acts of open Rebellion and most inhumane Barbarism Robbing and Despoiling his Majesties good Subjects of their Lives and Fourtunes in all parts of the Kingdom insomuch as his Majesty for the Vindication of his Protestant Subjects from the cruel Rapines of the said Irish Papists was justly occasioned to denounce and undertake a War in this Kingdom the managing and support whereof he was graciously pleased to recommend to and entrust with his Parliament then sitting in England who having piously begun the great work of Suppressing the Cruelties of the aforesaid Irish were by the unhappy interposition of sundry fatal differences in England somented as may be greatly doubted by the Rebels of this Kingdom diverted from the careful and provident courses requisite in so important an affair By means whereof this Majesty who had undertaken the War for our defence was now constrained for our preservation to treat and conclude of a Cessation of Arms for Twelve Months space in which time he was made believe the aforesaid Irish Papists would submit to some 〈◊〉 and honourable conditions of Peace To when purpose Agents from the aforesaid Irish were admitted to have access to his Royal presence and his Majesty did not only in manifestation of his Pâ—ous and Paternal care of his Proteâ—â—ant Subjects command certain select persons welliâ—ensed and interested in the State and Affairs of this Kingâ—om to atâ—end his Royal Person and give information and assistance in the debate of so weighty a business but did also give admission to such Agents as his Protestant Subjects were able to imploy in representing their particular and general grievanced and sâ—fferings by the said Irish Papists who in the negotiation of that whole matter have endeavoured to make advantage of his Majesties 〈◊〉 and by sinister and corrupt means with a lavish expence of that treasure and those Estates which your Petitioners have been dispoled of by them to raise a Factious Party at the Court to seduce and misguide his Royal Majesty and to beguil his Judgment with a selfe opinion of their inclination to Peace and feigned forwardness to advanâ—â— his Service and to discountance and suppress those whose attendance his Majesty had required and those Agents whom your Petitioneâ—s imployed by which subtil and serpentine courses â—he said Irish Agents having quasht and deprest all opposers and accusers and removed all impediments to their 〈◊〉 ends of exâ—irpaâ—ing the English and before any equal debate of the cause proâ—â—red a transmission of the whole affair unto your Lordships with Power and Commission further to treat and conclude of such conditions as by those deceitful courses they had gained too great hope to be confirmed unto them which for some reasons was not thought fit to be done in England they do now with the same art and subtilty study to trick your Petitioners here before your Lordships and to compound for all their mischiefs multiplied upon the Heads of your Petitioners at their own rates And therefore at a time when neither your Petitioners nor any from them are present when the Agents imployed to his Sacred Majesty are unreturned to this Kingdom and whilst most of your Petitioners evidences of their detestable Treasons and horrible Barbarisms are remaining in England they endeavour to strike up the business with your Lordships upon such terms as your Petitioners who were once a considerable part of this late flourishing and now unhappy Kingdom have not the honour to be made privy unto or to be called or admitted to any debate of the business of that main influence upon themselves and their Posterity Wherefore your Petitioners having seen how far some Persons of Honour have been misguided and by secret and subtil contrivances drawn to become abused properties and instruments to accomplish the wicked designs of the aforesaid
Irish Rebels and finding how they are in all likelihood in danger to be overborn by the power and potency of their said Adversaries do in all humility beseech your Lordships first to call to mind that his Majesty hath by his Royal assent unto an Act of Parliament obliged himself not to grant any Pardon or terms of Peace to the aforesaid Rebels without the consent of his Parliament of England and accordingly that your Lordships would not suffer any part of his Majesties Honour to be betrayed to calumny in assenting to such packed terms of Peace as they have already contrived to draw your Lordships unto without the consent of the said Parliament of England and without admitting your Petitioners to a free and full debate of the cause whereby they may vindicate his Majesty and themselves from that unnatural aspersion which the Irish would maliciously fasten on them by making the one the fauter and the other the occasion of their Rebellion And that the matter may not be carryed with such indulgency towards them as that to extenuate their real enormities your Petitioners must be made guilty of imaginary crimes and undergo a heavier censure for demanding Justice than they for perpetrating all their Treasons and that their Lives Fortunes and Posterities and which is dearest their Religion may not be sold or sacrificed to the malice of the Irish Papists or if this lawful favour shall be denied them that they may have leave to protest against any such fatal and destructive conclusions as are in hand to be made with the aforesaid Irish Rebels without consent of the King and Parliament or your Petitioners privity and that their fictious pretences of assisting his Majesty wherewith they have too long already abused himself and his Ministers on purpose to protract the War in England may not be a sufficient wile to delude your Lordships any longer but that your Petitioners and not Persons disaffected to their Religion and Nation now to be preserved or ruined may be heard to plead in this cause before any Judgment be given therein and that the Examples of their former and frequent breaches of the Cessation yet unrepaired may be accounted a reasonable caution to your Lordships to expect little better observation of any Peace that shall abridge them of their devilish designs And your Petioners shall ever Pray for your Lordships increase of Honour and Happiness Signed by the Lord Broghill the Magistrates of Cork Kinsale Youghall and Bandonbridge and above Three Hundred other Persons Append. XXVI The Articles between Sir Knelme Digby and the Pope Articles to be sent to the Lord Rimucini to be put in Execution in Ireland with Power to add to and take from them according to the present State of Affairs and as need shall be which will be better understood there upon the place 1. THAT the King of Great Britain do effectually grant in the Kingdom of Ireland the free and publick Use of the Roman Catholick Religion allowing the Ecclesiastical Hierarchy to be restored to the Catholicks with all the Churches and Revenues according to the Custom of the said Religion And as to the Monasteries pretended to have been released to the Possessors by Cardinal Pool Legate in the Time of Queen Mary that it be debated in a free Parliament in Ireland what may or can be done in that Point as likewise touching the three Bishopricks that of Dublin and the other two which are in the Hands of the Heretick Protestants under the Obedience of the King 2. That he annul and repeal all the Penal Laws and others whatsoever made aginst the said Catholicks on the Account of their Religion from the beginning of the Defection of Henry the Eighth to this Day 3. That for the better establishing the free and publick Exercise of the Catholick Religion and to add more Force and Security to the Repeal of the said Laws the King do call a Parliament in Ireland independent on that of England 4. That the Government of the Kingdom of Ireland and the principal Offices there be put into the Hands of the Catholicks and that Catholicks be made capable and promoted to Offices Honours and Degrees in that Kingdom in like manner as the Protestants have been till this Time 5. That the King do put into the Hands of the Irish Catholicks or at least such English Catholicks as the Supream Council of Ireland shall approve of the Town of Dublin and the other two which are held in his Name in Ireland 6. That he join his Forces with those of the Irish to drive the Scots and Parliamentarians out of Ireland 7. This being performed by the King and what else may in Ireland be added or altered in these Articles by the Lord Rimucini His Holiness is willing to pay to the Queen of Great Britain a Hundred Thousand Crowns of Roman Money 8. That the said King do repeal all the Laws made against the Catholicks of England and particularly the two Oaths of Supremacy and Allegiance so as they may enjoy their Revenues Honours Liberties and Priviledges as other the Gentlemen of that Kingdom do so that their being Catholicks shall be no manner of prejudice to them and that in the first Parliament or other Settlement of the Affairs of England His Majesty do approve and confirm the aforesaid Repeal and in the mean Time that they do actually enjoy all manner of Equality with the Protestants 9. That an Agreement be made between the King and the Supream Council of Ireland to transport into England a Body of an Army of Twelve Thousand Foot under Irish Commanders and Officers to whom shall be joyned Three Thousand or at least Two Thousand Five Hundred English Horse under Catholick Commanders upon such Conditions to be adjusted between them concerning the Government of the Army the Ports of their Landing and Places of Security as shall be adjudged just and convenient 10. When the said Forces shall be entred into England and joyned together in any Place His Holiness will pay the first Year a Hundred Thousand Crowns of Roman Money by a Monthly Proportion the same to be continued the second and third Year as â—â—is Forces shall stand and according to the Advantage that shall â—e made by the said Army 11. And lastly because the first six Articles may speedily be put in Execution His Holiness will expect the performance of them in six Months from the Date of these Presents and as to the Eighth and Ninth that require perhaps longer Time he will stay four Months more besides the Six beyond which he will not be tyed to this present Promise At Rome the 30 th Day of November 1645. Append. XXVII The Articles made by the Earl of Glamorgan WHereas much time hath been spent in meetings and debates betwixt His Excellency James Lord Marquess of Ormond Lord Lieutenant and General Governour of His Majesties Kingdom of Ireland Commissioner to His most Excellent Majesty Charles by the Grace of God King of
Fitz Girald at Kilkenny Noble Sir I Am now advanced thus far on my way home after my accustomed long fruitlessâ—attendance upon the publick affairs being hopeful that in all this time some good effects would have been produced out of the forward and chearful Resolutions and Endeavours observed in you and many other Noble Persons upon your departure from hence and the good concurrence that was expected from many others well affected to a happy and speedy settlement but after Nine Weeks expectation there hath nothing occurred to my knowledge but the following particulars which I shall distinctly set down both to prevent mistakes in you and clear the aspersions that may be cast upon others 1. By Vote of the Assembly the total rejection of the Peace and of all other both publick and private overtures and undertakings that had relation thereto destroying the only possible means that could have united the Kingdom unto any hopeful way of preservation as affairs now stand in the Kings Dominions 2. A new Union Sworn grounded upon impossible undertakings if not in the Propositions themselves at least in the most material circumstances of securing them thereby excluding all hopes of Peace and setling and confirming a lasting divided Government 3. That being compassed for some seeming satisfaction to those that were drawn into it a plausible shew of some other accommodation was contrived but that being brought up to Dublin by Mr. Doctor Fennel and Mr. Geffery Barron with much assurance given by divers of all the satisfaction that such a change of resolutions could produce there appeared but a Verbal Message of some few general Heads they refusing to give it in Writing or to testify under their Hands what they acknowledgd my Lord Lieutenant took Verbatim from them neither would they assume any Power to make any particular explanations and yet earnestly demanded Resolutions with expedition This unexpected delay and continued uncertainty in such a nick of time after so many former breaches on your parts and so many warnings and true intelligence given you by others of the King 's being delivered up to the Parliament the vast Preparations by them made for Reducing this Kingdom and even those most faithful to his Majesties Service in England as forward as any to joyn therein finding themselves destroyed by the failing of the Peace here and the promised Assistance thereupon Your not long since invading and destroying the only remaining Party Obedient to the Kings Authority the small regard had by you of the approaching dangers and the divisions fomented and still encreasing amongst your selves did by an unavoidable necessity as I conceive beget a resolution in my Lord Lieutenant and those of his Party about Dublin to try some other expedient for their preservation and redemption out of the languishing starving condition they have these many Years with much patience endured and for my own part having long observed the high Affronts and Disrespects put upon my Lord Lieutenant and many other of His Majesty's Ministers and Servants and the largest proportion of Malice cast upon them when they were most industrious in the preservation of the Kingdom hath produced the like resolutions in me to try my Fortune in some other Climate since my Three Years constant expence of time health and fortune for the advantage of the publick hath gained no other recompence than to be Printed against by Declarations Books and several other Papers the Forces of other Provinces poured down upon me to destroy my whole Estate those Forces under my Command thereby inforced to Disband the Officers and all other of my Servants and Followers prosecuted and nothing of means or quarter left me to maintain a Guard of Horse for my own Person my Wife and Family readily permitted to repair to Dublin but no allowance to return all which particulars put together I leave it freely to you to judge whether it be not high time for me to depart when the voice of the Kingdom represented in the Assembly have by a clear implication in their safe conduct declared their desires therein Since my coming hither I have seen some Letters and find much confidence in many that the whole Assembly and Clergy are now united to put a full power into my Lord Lieutenants hands and to make provision for his Lordship and his Party both for subsistence and maintenance of a War to which I may not presume to frame any Judgment at so late an hour of the day but this I conceive is most certain that if it doth not appear suddenly unanimously and clearly with a full power and trust and apparent provision to make it good it will hardly be relied upon and that failing there remains nothing for me to do but in another Country to labour the perfection of Praying as well for my Persecutors as Benefactors amongst the last of which you shall be still acknowledged and remembred by Tecrogham the 15th of March 1646. Your Affectionate Friend to Serve you Clanrickard Appen XXXVIII Articles of Agreement made concluded and agreed on at Dublin the Eighteenth day of June 1647. By and between the most Honourable James Lord Marquess of Ormond of the one part and Arthur Annesley Esquire Sir Robert King Knight Sir Robert Meredith Knight Collonel John Moore and Collonel Michael Jones Commissioners from the Parliament of England on the other part Not signed till the 19th FIrst it is agreed and concluded and the said Lord Marquess of Ormond doth conclude agree and undertake to and with the said Arthur Annesley c. That upon the nineteenth day of this month of June he will leave or cause to be left in the possession of the said Arthur Annesley c. the City of Dublin and all the rest of the places and Garrisons in his power and under his Command and the Ordnance Artillery Amunition Magazines and Stores there and likewise it is further agreed and concluded and the said Lord Marquess of Ormond doth conclude agree and undertake that upon the 28. of July next he will leave or cause to be left in the possession of the said Arthur Annesley c. Or any four of them the Sword and all other Ensignes of Royalty with all other things belonging to the Lord Lievtenant or Leivtenancy of the Kingdom of Ireland that shall be demanded before the said twenty eighth day of July and that in the mean time he will not intermeddle or take upon him to Command in any of the said Garrisons or places 2. Item It is agreed and concluded and the said Arthur Annesley c. do for and in behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond in the behalf of himself and others his Majesties Subjects that all Protestants whatsoever of the Kingdom of Ireland not having been in the Irish Rebellion though they have of late consented or submitted either to the Cessation of Arms or the Peace concluded with the Irish Rebels shall be
secured in their Persons Estates and Goods that they have in Ireland and that they may live quietly and securely under the Protection of the said Parliament and their Forces either within England Ireland or Wales and that they shall enjoy those their Estates and Goods without any molestation or question from the said Parliament as any others do who have not offended the said Parliament they submitting to all such Ordinances of Parliament made or to be made as all others do submit unto who have never offended the Parliament 3. Item It is fâ—rther agreed and concluded and the said Arthur Annesley c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond that all Protestants whatsoever of the Kingdom of Ireland not having been in the Irish Rebellion who have any Estates or Lands in England though they have of late consented or submitted either to the Cessation of Armes or the Peace concluded with the Irish Rebbels may compound for the same at the raâ—e of two years profit as they were before the beginning of these troubles they submitting to such Ordinances of Parliament as all Persons now compounding in England do submit unto Provided that they effectually prosecute the same within six months after the publication of this Article 4. Item It is agreed and concluded upon and the said Arthur Annesley c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond that such as have come under contribution and do now live in the English Quarters and will continue payment of contribution shall be protected in their persons and estates as well from the violence of the Souldiers under the Parliament as of the enemy and this to be extended to all without any distinction of offence or religion and that they shall receive Safeguard by the countenance of the Forces under the Parliament 5. Item It is agreed and concluded upon and the said Arthur Annesley c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Onmond that the said Lord Marquess shall enjoy his Estate without molestation or disturbance from the Parliament and shall have indemnity against all debts contracted by reason of any goods Money Debts or Victuals taken up by vertue of any Warrant signed by him and the Councel from any person for the maintenance and support of the Army or any of the Garrisons now under his Lordships Command 6. Item It is agreed and concluded upon and the said Arthur Annesley c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond that he shall be protected in his person and goods for the space of twelve Months against all Suits Arrests molestation or disturbance from any person whatsoever for any debt owing by him to any person whatsoevert before the Rebellion in Ireland 7. Item It is agreed and concluded and the said Arthur Annesley c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond that the said Lord Marquess and all such Noblemen Gentlemen and Officers as shall be desirous to go with him or by themselves into any place out of Ireland shall have free passes for themselves their Families Goods and travelling Arms and a competent number of servants sutable to their respective qualities Provided they demand the said passes within twenty days after the date of these Articles and the said passes are to be in force for three months and no longer after the date of the said passes 8. Item It is agreed and concluded and the said Arthur AAnnesley c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond that he shall have liberty to come and live in England with the like liberty that others have he submitting to all Ordinances of Parliament and for the time of twelve moneths shall not be prest to any Oaths he engaging his honour to do nothing in the mean time that shall be disservice to the Parliament 9. Item Forasmuch as in the sixth Article of the said Lord Marquess of Ormonds additional instructions to Sir Gerrard Lowther Sir Francis Willoughby and Sir Paul Davies it is affirmed by his Lordship that the sum of thirteen thousand eight hundred seventy seven pounds fourteen shillings nine pence is less than the sum disbursed by his Lordship for the maintenance of the Garrisons of Dublin Dundalke Newry Narrow water Green Castle and Carlingford which sum upon Accompt ☜ appeared to the Councel of this Kingdom and to us by their Certificate to be disbursed as aforesaid it is therefore concluded and agreed and the said Arthur Annesly Esq c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess that upon performance of what is undertaken by his Lordship he shall receive three thousand pounds in mony to answer his occasions in and until his Transportation and likewise Bills of exchange to be accepted by sufficient men in France or Holland to pay unto him ten thousand eight hundred seventy seven pounds fourteen shillings and nine pence of currant mony of and in England either in English mony or such other Coyns as shall be of equal value or worth as so much English mony to be paid to such as his Lorship shall appoint to wit the one half at fifteen days after sight and at six months the other half 10. Item It is agreed and concluded and the said Arthur Annesly Esq c. do for and in the behalf of the Parliament of England conclude and agree and undertake to and with the said Loâ—â— Marquess of Ormond that there shall be pensions to such as the said Commissioners shall think fit forthwith ascertained to the value of two thousand pounds sterling per annum unto such of the Civil and Martial List as also of the distressed Clergy as shall be thought meet to extend it to in such way as may give best satisfaction those Pensions to continue during the Wars till they can receive the like benefit by their own Estates And to the end that upon publication of the Articles these popish Recusants who have not assisted nor adhered to the Rebellion in this Kingdom may be incouraged to continue in their habitations and in enjoyment of their Estates with confidence 't is declared by the said Arthur Annesly Esquire c. in behalf of the Parliament of England that the said Parliament will take them into consideration for favour according as they shall demean themselves in this present Service and thereof they are hereby assured IN WITNESS whereof the said Lord Marquess
of the Affairs of the Confederate Catholicks and to direct their Assistance in what they may to further settling of the happy Peace of this Kingdom with Advantageous and Honourable Conditions Commissioners being now sent to conclude the same if they may You are to let his Most Christian Majesty the Queen Regent and Cardinal Mazarine know That there is a considerable Enemy in the Heart of the several Provinces of this Kingdom that yet we have many sufficient Cities and Parts of the greatest Consequence in our Hands and have sufficient Stock of Men to defend the Nation and expel the Enemy but do want Aids of Money and Shipping without which we shall be in danger the next Summer-Service and therefore to solicite for considerable Aids in Moneys to be sent timely the Preservation of the Catholick Religion in this Kingdom depending thereon If you find upon the Place that a Settlement of Peace cannot be had according to the several Instructions that go with the Commissioners to his Holiness and Christian Majesty and Prince of Wales nor such considerable Aids that may probably prove for the Preservation of the Nation then you are to inform your self by Correspondence with our Commissioners imployed to Rome whether his Holiness will accept of this offer of being Protector to this Nation And if you find he will not accept thereof nor otherwise send such powerful and timely Aids as may serve to Preservation then you are by advice of other the Commissioners imployed to his Majesty and Prince of Wales and by Correspondence had with the Commissioners imployed to Rome and by Correspondence likewise with our Commissioners imployed since if it may be timely had to inform your self where the most considerable aids for preserving this Nation may be had by this offer of the Protectorship of the Nation in manner as by other instructions into France grounded on the same order of the assembly is contained and so to manage the disposal of the Protectorship as you and the rest of our said Commissioners shall find most for the advantage of the Nation The like Instructions for Spain bearing the same date Appendix XLI A Letter from Fryer Paul King to the Titular Bishop of Clogher Reverendissime Domine BReviter Dico Antrimus totus est ad Obsequium Eugenii O Neal Exercitus Ultoniensis procurabitque omnes suos ponere statim ex parte illius Rogat vehementissime ut veniat Eugenius O Neal Exercitus Ultoniensis siine mora versus Kilkenniam ne dubitent quin tota Lagenia imo Hibernia erit in dispositione ipsorum Oportet prevenire Ormonium qui venturus est statim post Muskry Browne Vester Decanus Firmanus est hic quasi Captious Ipse Archiepiscopus Dubliniensis anhelant vestrum adventum omnia ad Nutum fient cum acceleratione sed sine illa omnia nutabunt per alium bajulum mitto tibi litteras Nicolai Plunketti Prestonius vix habet nomen exercitus qui est omnino dispersus Concilium Supremum Factionistae cadent modo extemplo venerit exercitus Ultoniensis cum Eugenio O Neal. Vester fidelis Servus Fr. Paulus King Appendix XLII The Marquess of Ormonds Declaration upon his Arrival in Ireland 1648. By the Lord Lieutenant General of Ireland ORMOND TO prevent the too frequent prejudices incident through jealousies distrusts and misconstructions to all undertakings we account it not the least worthy our Labour upon the instant of our Arrival to prepare this People whose wellfare we contend for with a right understanding of those intentions in us which in order to his Majesties Service we desire may terminate in their good To enumerate the several reasons by which we were induc'd for preservation of the Protestant Religion and the English interest to leave the City of Dublin and other his Majesties Garrisons then under our power in this Kingdom in the hands of those intrusted by his two Houses of Parliament were to set forth a Narrative in place of a Manifest It may suffice to be known that those Transactions had for one main ground this confidence that by being under the power of the Houses they would upon a happy expected composure of affairs in England revert unto and be revested in his Majesty as his proper right But having found how contrary to the inclinations of the well-affected to his Majesties Restauration in England the power of that Kingdom hath unhappily devolv'd to hands imployed only in the art and labour of pulling down and subverting the Fundamentals of Monarchy with whom a pernicious party in this Kingdom do equally sympathize and cooperate And being filled with deep sense of the Duty and Obligations that are upon us strictly to embrace all opportunities of employing our endeavours towards the recovery of his Majesties just Rights in any part of his Dominions Having observed the Protestant Army in the Province of Munster by special Providence discovering the Arts and Practises used to intangle the Members thereof in engagements as directly contrary to their Duties towards God and Man as to their intentions and resolutions to have found means to manifest the Candor and Integrity thereof in a disclaimer of any obedience to or concurrence with those Powers or Persons which have so grosely vari'd even their own professed principles of preserving his Majesties Person and Rights by confining him under a most strict imprisonment his Majesty also vouchsafing graciously to accept the Declaratien of the said Army as an eminent and seasonable expression of their Fidelity toward him and in Testimony thereof having laid his Commands upon us to make our repair unto this province 〈◊〉 discharge the duties of our place We have as well in obedience thereunto as in pursuance of our own duty and desire to advance his Majesties service resolved to evidence our approbation and esteem of the proceeding of the said Army by publishing unto the world our like determination in the same ensuing particulars And accordingly we profess and declare First to improve our utmost endeavours for the settlement of the Protestant Religion according to the Example of the best Reformed Churches Secondly To defend the King in his prerogatives Thirdly To maintain the priviledges and freedom of Parliament and the Liberty of the Subjects that in order hereunto we shall oppose to the hazard of our Lives those Rebells of this Kingdom who shall refuse their obedience to his Majesty upon such terms as he hath thought fit by us to require it And we shall endeavour to the utmost the suppressing of that independant party who have thus fiercely laboured the extirpation of the true Protestant Religion the ruin of our Prince the dishonour of Parliament and the Vassalage of our Fellow Subjects against all those who shall depend upon them or adhere unto them and that this our undertaking might not appear obnoxious to the Trade of England but that we desire a firm Union and Agreement be preserved betwixt us we do likewise declare that we will
Allegiance in haec verba viz. I A. B. do hereby acknowledge profess testifie and declare in my Conscience before God and the World that our Sovereign Lord King Charles is lawful and rightful King of this Realm and of other his Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty and His Heirs and Successors and Him and them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against His or Their Crown and Dignity and do my best endeavour to disclose and make known to His Majesty His Heirs and Successors or to the Lord Deputy or other His Majesties chief Governor or Governors for the time being all Treason or Traiterous Conspiracies which I shall know or hear to be intended against His Majesty or any of Them And I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God c. Nevertheless the said Lord Lieutenant doth not hereby intend that any thing in these Concessions contained shall extend or be construed to extend to the granting of Churches ☞ Church-Livings or the exercise of Jurisdiction the authority of the said Lord Lieutenant not extending so far yet the said Lord Lieutenant is authorized to give the said Roman Catholicks full assurance as hereby the said L. Lieut. doth give unto the said Rom. Catholicks full assurance that they or any of them shall not be molested in the possession which they have at present of Churches and Church-Livings or of the exercise of their respactive Jurisdictions as they now exercise the same until such time as His Majesty upon a full consideration of the desires of the said Roman Catholicks in a Free Parliament to be held in this Kingdom shall declare his further Pleasure 2. Item It is concluded accorded and agreed upon by and between the said Parties and his Majesty is further graciously pleased that a Free Parliament shall be held in this Kingdom within six months after the Date of these Articles of Peace or as soon after as Thomas Lord Viscount Dillon of Costologh Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander Mac Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewal Baronet Jeffery Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerâ—ald Fennel Esquires or the major part of them will desire the same so that by possibility it may be held and that in the mean time and until the Articles of these Presents agreed to be passed in Parliament be accordingly passed the same shall be inviolably observed as to the matters therein contained as if they were enacted in Parliament And that in case a Parliament be not called and held in this Kingdom within two years next after the Date of these Articles of Peace then his Majesties Lord Lieutenant or other his Majesties chief Governor or Governors of this Kingdom for the time being will at the request of the said Thomas Lord Viscount Dillon c. or the major part of them call a General Assembly of the Lords and Commons of this Kingdom to attend upon the said Lord Lieutenant or other his Majesties chief Governor or Governors of this Kingdom for the time being in some convenient place for the better setling of the affairs of the Kingdom And it is further concluded accorded and agreed by and between the said parties that all matters that by these Articles are agreed upon to be passed in Parliament shall be transmitted into England according to the usual form to be passed in the said Parliament and that the said Acts so agreed upon and so to be passed shall receive no disjunction or alteration here or in England Provided that nothing shall be concluded by both or either of the said Houses of Parliament which may bring prejudice to any of his Majesties Protestant Party or their Adherents or to his Majesties Roman Catholick Subjects or their Adherents other than such things as upon this Treaty are concluded to be done or such things as may be proper for the Committee of Priviledges of either or both Houses to take cognizance of as in such cases heretofore hath been accustomed and other than such matters as his Majesty will be graciously pleased to declare his further pleasure in to be passed in Parliament for the satisfaction of his Subjects and other than such things as shall be propounded to either or both Houses by his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being during the said Parliament for the advancement of his Majesties Service and the Peace of the Kingdom which clause is to admit no construction which may trench upon the Articles of Peace or any of them and that both Houses of Parliament may consider what they shall think convenient touching the Repeal or Suspension of the Statute commonly called Poyning's Act Entituled An Act That no Parliament be holden in that Land until the Acts be certified into England 3. Item It is further concluded accorded and agreed upon by and between the said Parties and his Majesty is graciously pleased That all Acts Ordinances and Orders made by both or either Houses of Parliament to the blemish dishonour or prejudice of his Majesties Roman Catholick Subjects of this Kingdom or any of them sithence the seventh of August 1641. shall be vacated and that the same and all Exemplifications and other Acts which continue the memory of them be made void by Act to be past in the next Parliament to be held in this Kingdom and that in the mean time the said Acts or Ordinances or any of them shall be no prejudice to the said Roman Catholicks or any of them 4. Item It is also concluded and agreed upon and his Majesty is likewise graciously pleased that all indictments attainders outlawries in this Kingdom and all the processes and other proceedings thereupon and all Letters Patents Grants Leases Customs Bonds Recognizances and all Records Act or Acts Office or Offices Inquisitions and all other things depending upon or taken by reason of the said Indictments Attainders or outlawries sithence the seventh day of August 1641. in prejudice of the said Catholicks their Heires Executors Administrators or Assignes or any of them or the Widows of them or any of them shall be vacated and made void in such sort as no memory shall remain thereof to the blemish dishonour or prejudice of the said Catholicks their Heirs Executors Administrators or Assignes or any of them or the Widows of them or any of them and that to be done when the said Thomas Lord Viscount Dillon c. or the major part of them shall desire the same so that by possibility it may be done and in the mean time that no such indictments attainders outlawries processes or any other proceedings thereupon or any letters patents grants leases custodiums
bonds recognizances or any Record or acts office or offices inquisitions or any other thing depending upon or by reason of the said indictments attainders or outlawries shall in any sort prejudice the said Roman Catholicks or any of them but that they and every of them shall be forthwith upon perfection of these Articles restored to their respective possessions and hereditaments respectively provided that no man shall be questioned by reason hereof for measne rates or wastes saving wilful wastes committed after the first day of May last past 5. Item It is likewise concluded accorded and agreed and his Majesty is graciously pleased that as soon as possible may be all impediments which may hinder the said Roman Catholicks to sit or vote in the next intended Parliament or to choose or to be chosen Knights and Burgesses to sit or vote there shall be removed and that before the said Parliament 6. Item It is concluded accorded and agreed upon and his Majesty is further gratiously pleased that all debts shall remain as they were upon the 23. of October 1641. Notwithstanding any disposition made or to be made by vertue or colour of any attainder outlawry fugacy or other forfeiture and that no disposition or grant made or to be made of any such debts by vertue of any attainder outlawry fugacy or other forfeiture shall be of force and this to be passed as an act in the next Parliament 7. Item It is further concluded accorded and agreed upon and his Majesty is graciously pleased that for the securing of the Estates or reputed Estates of the Lords Knights Gentlemen and Free-holders or reputed Free holders as well of Connaght and County of Clare or Country of Thomond as of the Counties of Limerick and Tipperary the same be secured by Act of Parliament according to the intent of the 25. Article of the graces granted in the fourth year of his Majesties Reign the tenor whereof for so much as concerneth the same doth ensue in these words viz. We are graciously pleased that for the Inhabitants of Connaght and Country of Thomond and County of Clare that their several Estates shall be confirmed unto them and their Heirs against us and our Heirs and Successors by Act to be passed in the next Parliament to be holden in Ireland to the end the same may never hereafter be brought into any further question by Us or Our Heirs and Successors In which Act of Parliament so to be passed you are to take care that all tenures in capite and all Rents and Services as are now düe or which ought to be answered unto us out of the said Lands and premises by any Letters Pattents past thereof since the first year of King Henry the Eight or found by any Office taken from the said first year of King Henry the Eight until the 21. of July 1645. whereby our late dear Father or any his Predecessors actually received any profit by wardship liveries primer-seisins measne rates ousterlemains or fines of alienations without License be again reserved unto Us Our Heirs and Successors and all the rest of the premises to be holden of our Castle of Athlone by Knights service according to Our said late Fathers Letters notwithstanding any tenures in capite found for Us by Office since the 21. of July 1615. and not appearing in any such Letters Patents or Offices within which Rule his Majesty is likewise graciously pleased that the said Lands in the Counties of Limerick and Tipperarie be included but to be held by such Rents and Tenures only as they were in the fourth year of his Majesties Reign provided always that the said Lords Knights Gentlemen and Freeholders of the said Province of Connaght County of Clare and Country of Thoâ—â—â—â— and Counties of Tipperarie and Limerick shall have and enjoy the full benefit of such composition and agreement which shall be made with his most Excellent Majesty for the Court of Wards Tenures Respits and issues of Homage any clause in this Article to the contrary notwithstanding and as for the Lands within the Counties of Kilkennie and Wickloe unto which his Majesty was intituled by Offices taken or found in the time of the Earl of Straffords Government in this Kingdom his Majesty is further graciously pleased that the State thereof shall be considered in the next intended Parliament where his Majesty will assent unto that which shall be just and honourable and that the like act of Limitation of his Majesties Titles for the security of the Estates of his Subjects of this Kingdom be passed in the said Parliament as was enacted in the 21. year of his late Majesty King James his Reign in England 8. Item It is further concluded accorded and agreed upon and his Majesty is further graciously pleased that all incapacities imposed upon the Natives of this Kingdom or any of them as Natives by any Act of Parliament Provisoes in Patents or otherwise be taken away by Act to be passed in the said Parliament and that they may be enabled to erect one or more Innes of Court in or near the City of Dublin or elsewhere as shall be thought fit by his Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being and in case the said Innes of Court shall be erected before the first day of the next Parliament then the same shall be in such place as his Majesties Lord Lieutenant or other cheif Governour or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon or any seven or more of them shall think fit and that such Students Natives of this Kingdom as shall be therein may take and receive the usual degrees accustomed in any Inns of Court they taking the insuing Oath viz. I. A. B. Do hereby acknowledge profess testifie and declare in my Conscience before God and the world that our Sovereign Lord King Charles is lawful and rightful King of this Realm and of other His Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty and His Heirs and Successors and Him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever which shall be made against his or their Crown and Dignity and do my best endeavour to disclose and make known to His Majesty His Heirs and Successors or to the Lord Deputy or other His Majesties Chief Governour or Governours for the time being all Treasons or Traiterous conspiracies which I shall know or hear to be intended against His Majesty or any of them and I do make this Recognition and acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God c. And his Majesty is further graciously pleased that his Majesties Roman Catholick Subjects may erect and keep free-Schools for Education of youths in this Kingdom any Law or Statute to the contrary notwithstanding and that all
the matters assented unto in this Article be passed as Acts of Parliament in the said next Parliament 9. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that places of command honour profit and trust in his Majesties Armies in this Kingdom shall be upon perfection of these Articles actually and by particular instances conferred upon his Roman Catholick Subjects of this Kingdom and that upon the distribution conferring and disposing of the places of command honour profit and trust in his Majesties Armies in this Kingdom for the future no difference shall be made between the said Roman Catholicks and other his Majesties Subjects But that such distribution shall be made with equal indifferency according to their respective merits and abilities and that all his Majesties Subjects of this Kingdom as well Roman Catholicks as others may for his Majesties service and their own security arm themselves the best they may wherein they shall have all fitting incouragement and it is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that places of command honour profit and trust in the civil Government in this Kingdom shall be upon passing of the Bills in these Articles mentioned in the next Parliament actually and by particular instances conferred upon his Majesties Roman Catholick Subjects of this Kingdom and that in the distribution conferring and disposal of the places of command honour profit and trust in the civil Government for the future no difference shall be made between the said Roman Catholicks and other his Majesties Subjects but that such distribution shall be made with equal indifferences according to their respective merits and abilities and that in the distribution of ministerial offices or places which now are or hereafter shall be void in this Kingdom equality shall be used to the Roman Catholick Natives of this Kingdom as to others his Majesties Subjects and that the command of Forts Castles Garrisons Towns and other places of importance in this Kingdom shall be conferred upon his Majesties Roman Catholick Subjects of this Kingdom upon perfection of these Articles actually and by particular instances and that in the distribution conferring and disposal of the Forts Garrisons Towns and other places of importance in this Kingdom no difference shall be made between his Majesties Roman Catholick Subjects of this Kingdom and other his Majesties Subjects but that such distribution shall be made with equal indifferences according to their respective merits and abilities and that until full settlement in Parliament fifteen thousand foot and two thousand and five hundred Horse of the Roman Catholicks of this Kingdom shall be of the standing Army of this Kingdom And that until full settlement in Parliament as aforesaid the said Lord Lieutenant or other Chief Governour or Governours of this Kingdom for the time being and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall diminish or add unto the said number as they shall see cause from time to time 10. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that his Majesty will accept of the yearly rent or annual sum of of twelve thousand pounds sterling to be apploted with indifferencey and equality and consented to be paid to his Majesty his Heirs and Successors in Parliament for and in lieu of the Court of Wards in this Kingdom tenures in Capite Common Knights service and all other tenures within the cognizance of that Court and for and in lieu of all Wardships primer-seisins fines ousterlemains liveries intrusions alienations measne rates releases and all other profits within the cognizance of the said Court or incident to the said tenures or any of them or fines to accrew to his Majesty by reason of the said tenures or any of them and for and in lieu of respits and issues of homage and fines for the same And the said yearly rent being so applotted and consented unto in Parliament as aforesaid then a Bill is to be agreed on in the said Parliament to be passed as an Act for the securing of the said yearly Rent or annual sum of twelve thousand pounds to be applotted as aforesaid and for the extinction and taking away of the said Court and other matters aforesaid in this Article contained And it is further agreed that reasonable compositions shall be accepted for Wardships fallen since the 23 of October 1641. and already granted and that no wardships fallen and not granted or that shall fall shall be passed until the success of this Article shall appear and if his Majesty be secured as aforesaid than all Wardships fallen since the said 23 of Octob. are to be included in the agreement aforesaid upon composition to be made with such as have grants as aforesaid which composition to be made with the grantees since the time aforesaid is to be left to indifferent persons and the umpirage to the said Lord Lieutenant 11. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that no Nobleman or Peer of this Realm in Parliament shall be hereafter capable of more proxies than two and that blank proxies shall be hereafter totally dis-allowed and that if such Noble Men of Peers of this Realm as have no Estates in this Kingdom do not within five years to begin from the conclusion of these Articles purchase in this Kingdom as followeth viz. A Lord Baron 200 l. per annum a Lord Viscount 400 l. per annum and an Earl 600 l. per annum a Marquess 800 l. per annum a Duke 1000 l. per annum shall loose their Votes in Parliament until such time as they shall afterwards acquire such Estates respectively and that none be admitted in the House of Commons but such as shall be Estated and resident within this Kingdom 12. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that as for and concerning the independency of the Parliament of Ireland on the Parliament of England his Majesty will leave both houses of Parliament in this Kingdom to make Declaration therein as shall be agreeable to the Laws of the Kingdom of Ireland 13. Item It is further concluded and agreed upon by and between the said parties and his Majesty is further graciously pleased that the Council-Table shall contain it self within its proper bounds in handling matters of State and Weight fit for that place amongst which the Patents of plantation and the Offices whereupon those Grants are founded to be handled as matters of State and to be heard and determined by his Majesties Lord Lieutenant or other chief Governour or Governours for the time being and the Council publickly at the Counsel-Board and not otherwise but
since the 23d of Octob. 1641. to the date of these Articles of Peace and also to all Customs Rents Arrears of Rents Prizes Recognizances Bonds Fines Forfeitures Penalties and to all other Profits Perquisites and Dues which were due or did or should accrue to his Majesty on before or since the 23d of Octob. 1641. until the perfection of these Articles and likewise to all Measne Rates Fines of what nature soever Recognizances Judgments Executions thereupon and Penalties whatsoever and to all other Profits due to his Majesty since the said 23d of October and before until the perfection of these Articles for by reason or which lay within the survey or Cognizance of the Court of Wards and also to all Respits Issues of Homage and Fines for the same provided this shall not extend to discharge or remit any of the Kings Debts or Subsidies due before the said 23d of Octob. 1641. which were then or before levied or taken by the Sheriffs Commissioners Receivers or Collectors and not then or before accounted for or since disposed to the publick use of the said Rom. Catholick Subjects but that such persons may be brought to account for the same after full settlement in Parliament and not before unless by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them as the said L. Lieut. otherwise shall think fit Provided that such barbarous and inhumane Crimes as shall be particularized and agreed upon by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them as to the Actors and Procurers thereof be left to be tried and adjudged by such indifferent Commissioners as shall be agreed upon by the said Lord Lieutenant and the said Tho. Lord Viscount Dillon c. or any seven or more of them and that the power of the said Commissioners shall continue only for two years next ensuing the date of their Commission which Commission is to issue within six Months after the Date of these Articles Provided also that the Commissioners to be agreed on for the Trial of the said particular Crlnies to be excepted shall hear order and determine all Cases of Trust where relief may or ought in equity to be afforded against all manner of persons according to the Equity and Circumstances of every such Cases and his Majesties chief Governor or Governors and other Magistates for the time being in all his Majesties Courts of Justice and other his Majesties Officers of what condition or quality soever be bound and required to take notice of and pursue the said Act of Oblivion without pleading or suit to be made for the same and that no Clerk or other Officers do make out or write out any manner of Writs Processes Summons or other Precept for concerning or by reason of any matter cause or thing whatsoever released forgiven discharged or to be forgiven by the said act under pain of 20 l. sterling And that no Sheriff or other Officer do execute any such Writ Process Summons or Precept and that no Record Writing or Memory do remain of any Offence or Offences released or forgiven or mentioned to be forgiven by this Act and that all other clauses usually inserted in Acts of general pardon or oblivion enlarging his Majesties grace and mercy not herein particularised be inserted and comprised in the said Act when the Bill shall be drawn up with the exceptions already expressed and none other Provided always that the said Act of oblivion shall not extend to any Treason Felony or other Offence or Offences which shall be committed or done from or after the date of these Articles until the first day of the before mentioned next Parliament to be held in this Kingdom Provided also that any Act or Acts which shall be done by vertue pretence or in pursuance of these Articles of peace agreed upon or any Act or Acts which shall be done by vertue colour or pretence of the power or authority used or exercised by and amongst the Confederate Roman Catholicks after the date of the said Articles and before the said publication shall not be accounted taken or construed or to be Treason Felony or other Offence to be excepted out of the said Act of oblivion Provided likewise that the said Act of oblivion shall not extend unto any person or persons that will not obey and submit unto the peace concluded and agreed on by these Articles Provided further that the said Act of oblivion or any thing in this Article contained shall not hinder or interrupt the said Thomas Lord Viscount Dillon c. or any seven or more of them to call to an account and proceed against the Council and Congregation and the respective Supream Councels Commissioners general appointed hitherto from time to time by the Confederate Catholicks to manage their affairs or any other person or persons accomptable to an accompt for their respective receipts and disbursements since the beginning of their respective imployments under the said Confederate Catholicks or to acquit or release any arrears of Excises Customs or publick Taxes to be accounted for since the 23. of Octob. 1641. and not disposed of hitherto to the publick use but that the parties therein concerned may be called to an account for the same as aforesaid by the said Thomas Lord Viscount Dillon c. or any seven or more of them the said act or any thing therein contained to the contrary notwithstanding 19. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that an act be passed in the next Parliament prohibiting that neither the Lord Deputy or other chief Governor or Governors Lord Chancellor Lord High-Treasurer Vice-Treasurer Chancellor or any of the Barons of the Exchequer Privy-Councel or Judges of the four Courts be Farmers of his Majesties Customs within this Kingdom 20. Item It is likewise concluded accorded and agreed and his Majesty is graciously pleased that an act of Parliament pass in this Kingdom against Monopolies such as was enacted in England 21. Jacobi Regis with a further clause of repealing of all grants of Monopolies in this Kingdom and that Commissioners be agreed upon by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them to set down the rates for the Custom and Imposition to be laid on Aquavitae Wine Oile Yarn and Tobacco 21. Item It is concluded accorded and agreed and his Majesty is graciously pleased that such persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall be as soon as may be authorised by Commission under the great Seal to regulate the Court of Castle-Chamber and such Causes as shall be brought into and censured in the said Court 22. Item It is concluded accorded and agreed upon
conventionem dicti Reverendissimus D. Nicolaus D. Hugo Procuratores nostri aut quilibet illorum aget concludet aut determinabit virtute hujus nostrae Commissionis Dat. Galuiae quinto Octobris anno Domini 1650. Franciscus Aladensis Episcopus Procurator D. Joannis Archiepiscopi Tuamensis Fr. Thomas Archiep. Dublimensis Hiberniae Primas Joan. Rapotensis Episcopus Procurator Primatis Ardmachani Walterus Clonfertensis Episcopus Procurator Lacghiniensis Episcopi Fr. Antonius Episcopus Clanmacnosensis Fr. Arthurus Dunen Coneren The Commission to the Bishop of Fernes and Sir James Preston In Dei Nomine Amen MEmorandum quod anno Domini 1651. die vero mensis Aprilis septimo nos infra scripti tam nostro quam omnium fere Procerum Nobilium ac Popularium Catholicorum Regni Hiberniae Nominâ— nominibus quorum sensuum in hac parte consensuum certam exploratam notitiam habemus nominavimus constituimus elegimus deputamus omnibus quibus possumus modo via jure ac ratione Procuratores Agentes negotiorum nostrorum Gestores generales speciales ita ut specialitas generalitati non deroget aut è contra conjunctim etiam divisim si ita opus fuerit in casu mortis aut alterius inevitabilis necessitatis Reverendissimum in Christo Patrem ac Dominum D. Episcopum Fernensem clarissimum ac nâ—bilissimum D. D. Jacobum Prestonium Equitem Auratum ut supra ad agendum tractandum consulendum ac firmiter concludendum cum serenissimo Principe Carolo Duce Lotharingiae quem in Regium Protectorem Regni Hiberniae eligimus nostro omniumque praefarorum nominibus ad agendum cum praefata sua Celsitudine tam in super negotio principâ—li Protectionis memoratae quam in de aliis articulis propositionibus postulatis nostris conventis non conventis tale negotium quomodo concernentibus cum omnibus annexis connexis emergentibus dependentibus aliqua ratione concernentibus generaliter omnia alia in praemissis agendi faciendi ac si nos ipsi praesentes essemus Et quicquid in praedictis fecerint concluserint tractaverint consenserint convenerint cum praefato serenissimo Duce Lotharingiae seu cum ejus haeredibus aut assignatis suis seu cum ejus eorumque agentibus legatis procuratoribus seu aliis quibuscunque mandatum potestatem ad id specialem habentibus uno vel pluribus nos ratum gratum aeceptum habituros promittimus per presentes Et ad id nos ipsos Successores Haeredes nostros aliosque quos possumus in perpetuum obligamus Datum sub signis sigillis nostris anno dieque quibus supra in Praesentia testium infra scriptorum Galviae in Provincia Conaciae Regno Hiberniae praesentis mansionis nostrae seu refugii loco Fr. Thomas Archiepiscopus Dubliniensis Hiberniae Primas Robertus Corcagien Cloanen Episcopus Fr. Antonius Clunamacnosensis Episc Procurator Primatis Hiberniae Walterus Cluanfertensis Procurator Laghlinensis Franciscus Aladensis Episcopus Et nos major seu praetor Galuiensis confirmamus nostris Suffragriis ratificamus praedictum procuratorium et personas in eo nominatas nostros etiam procuratores ut supra constituimus die anno quibus supra cum infra scriptis de concilio nostro Append. XLVIII The Declaration and Excommunication of the Popish Clergy at Jamestown A DECLARATION of the Archbishops and other Prelates and Dignitaries of the Secular and Regular Clergy of the Kingdom of Ireland against the Continuance of his Majesty's Authority in the Person of the Marquess of Ormond Lord Lieutenant of Ireland for the Misgovernment of the Subject the ill Conduct of his Majesty's Army and the Violation of the Articles of Peace Dated at Jamestown in the Convent of the Friars Minors August 12. 1650. THE Catholick People of Ireland in the Year 1641 forced to take up Arms for the Defence of Holy Religion their Lives and Liberties the Parliament of England having taken a Resolution to extinguish the Catholick Faith and pluck up the Nation root and branch a powerful Army being prepared and designed to execute their black rage and cruel Intention made a Peace and published the same the 17th of January 1648 with James Lord Marquess of Ormond Commissioner to that effect from his Majesty or from his Royal Queen and Son Prince of Wales now Charles II hereby manifesting their Loyal Thoughts to Royal Authority This Peace or Pacification being consented to by the Confederate Catholicks when his Majesty was in Restraint and neither He nor his Queen or Prince of Wales in condition to send any Supply or Relief to them when also the said Confederate Catholicks could have agreed with the Parliament of England upon as good or better Conditions for Religion and the Lives Liberties and Estates of the People than were obtained by the above Pacification and thereby freed themselves from the Danger of any Invasion or War to be made upon them by the Power or England where notwithstanding the Pacification with His Majesty they were to dispute and fight with their and his Enemies in the three Kingdoms Let the World judg if this be not an undeniable Argument of Loyalty This Peace being so concluded the Catholick Confederates ran sincerely and cheerfully under his Majesty's Authority in the Person of the said Marquess of Ormond Lord Lieutenant of Ireland plentifully providing vast Sums of Moneys well nigh half a Million of English Pounds besides several Magazines of Corn with a fair Train of Artillery great Quantity of Powder Match Amunition with other Materials for War After his Excellency the said Lord Lieutenant frustrating the Expectation the Nation had of his Fidelity Gallantry and Ability became the Author of almost losing the whole Kingdom to God King and Natives which he began by violating the Peace in many Parts thereof as may be clearly evidenced and made good to the World I. The foresaid Catholicks having furnished his Excellency with the aforesaid Sum of Mony which was sufficient to make up the Army of 15000 Foot and 2500 Horse agreed upon by the Peace for the preservation of the Catholick Religion our Sovereign's Interest and the Nation his Excellency gave Patents of Colonels and other Commanders over and above the Party under the Lord Baron of Inchiquin to Protestants and upon them consumed the Substance of the Kingdom who most of them afterwards betrayed or deserted us II. That the Holds and Ports of Munster as Cork Youghall Kingsale c. were put in the Hands of faithless Men of the Lord of Inchiquin's Party that betrayed the Places to the Enemy to the utter endangering of the King's Interest in the whole Kingdom This good Service they did his Majesty after soaking up the Sweat and Substance of his Catholick Subjects of Munster where it is remarkaable that upon making the Peace his Excellency would no way allow his Loyal Catholick Subjects of Cork Youghall Kingsale and other Garisons
Lord of Antrim might pass freely earnestly desiring him to undertake the Work but he the Lord of Antrim refused saying He would not go if Ormond would not go also yet was the Lord of Antrim by the pressing Solicitation of Colonel Barry aforesaid perswaded to send some one from himself to the King for intimating what was resolved for his Service and signifying the already disbanding those 8000 Men raised in Ireland by the Earl of Strafford This Dispatch was sent by Captain Digby Constable of the Castle of Dunluce in the North of Ireland belonging to the Lord of Antrim with those Dispatches the said Digby did overtake the King at York he being then on his way to Scotland and from York was Digby returned back to him the Lord of Antrim by the King signifying his Pleasure That all possible Endeavours should be used for getting again together those 8000 Men so disbanded and that an Army should immediately be raised in Ireland that should declare for him against the Parliament of England and to do what was therein necessary and convenient for his Service Upon receiving this the King's Pleasure by Captain Digby he the Lord of Antrim imparted the Design to the Lord of Gormonstown and to the Lord of Slane and after to many others in Lienster and after going into Vlster he communicated the same to many there but the Fools such was his Lordship's Expression to us well liking the Business would not expect our time or manner for ordering the Work but fell upon it without us and sooner and otherwise than we should have done taking to themselves and in their own way the managing of the Work and so spoiled it It being by us demanded of his Lordship how he intended it should be managed He answered That the Castle of Dublin being then to be surprized if the Lords Justices should oppose the Design the Parliament then sitting should declare for the King against the Parliament of England and that the whole Kingdom should be raised for the King's Service and that if the Lords Justices would not join in the Work they should be secured and all others who would or might oppose them should be also secured Which Discourse was freely made by his Lordship without any Caution given us therein of Secrecy yet was it demanded by us Whether his Lordship would give us leave to have the same signified to his Excellency the Lord Lieutenant of Ireland and to the Lord President of Munster His Lordship answered That he gave us free liberty so to do which his Lordship's Discourse we have for our better Remembrance reduced to Writing and testified the same under our Hands to be as aforesaid Signed Henry Clogher Henry Owen Having seen and read this Paper containing the Particulars of a Conference between Me and the Lord of Clogher and Colonel Reynolds and between me and the said Lord of Clogher and Mr. Henry Owen I do hereby acknowledg it to be the same in Substance with what passed excepting where it is said that Captain Digby was by the late King returned with a Dispatch to Me whereas the Dispatch was sent to me from the King by one William Hamerstone and whereas it is said that the said late King appointed that the Army with us to be continued and raised in Ireland should be employed against the Parliament it is to be intended if occasion should be for so doing And I do hereby aver the Truth of all so delivered with the other Corrections and Qualifications thereunto added Witness my Hand this August the 22d 1650. ANTRIM Observations on the Marquess of Antrim's Information FIrst it expresly clears the King from giving any Commission for the Irish Rebellion nor is there any thing in it that can charge his Majesty with the least Thought or Intention that his Protestant Subjects in Ireland should be either plundered or murdered nevertheless when an unthinking Reader finds that the Castle of Dublin was to be surpriz'd he runs away with the Notion that the Irish Conspiracy was pursuant to that Order and the King was in the bottom of that barbarous Rebellion and this perhaps was one design of this Information but the chief end of it was to abuse the World with a Belief that the King was not necessitated to a War with the Parliament by any thing then newly happened in 1642. but that he had projected it long before and had made this Preparation to put it in Execution Secondly This Information cannot be true but either Antrim deceived the World or Burk imposed upon him for besides that Ormond and Antrim was unfit to be joyned in a Commission as well because there were never any good Understanding between them as also because they were of different Religions and Interests how much more obvious and easy less scandalous and more effectual would it have been for the King to have made Ormond Lord-Deputy than to order him to surprize the Castle and the Lords Justices Moreover these 12000 additional Men could not have been raised without Noise and Time nor kept without Money nor Armed at all for there were not 12000 Arms in the Store 23 Octob. and yet 8000 of them were the Arms of the disbanded Men which they were to keep on Foot But it is yet more strange that before any Breach with the Parliament and whilst Matters tended to an Accommodation more hopefully than in some Months before the King should by such a rash and imprudent Action administer such cause of Jealousy to the Parliament at so unseasonable a time whilst he was absent in Scotland as would certainly put the Kingdom of England in a Flame and lose his Majesty the Hearts and Hands of more English Cavaliers than he could gain of Irish-Men But to put this matter out of doubt the King long before he went to York which was in the middle of August knew the Irish Army would be disbanded and therefore consented to license four Regiments to be levied out of them for the Service of the King of Spain as appears by the following Letter copied from the Original ORMOND I Have taken this Occasion by the recommending the Son of one of my faithful Servants to assure you that I very much esteem You and that I do but seek an Occasion to shew it you by more than Words as I commanded the Vice-Treasurer to tell you more fully and in particular concerning the blew Riband of which you may be confident only I desire you not to take notice of it until I shall think it fit The Particular for this Bearer George Porter is to permit him to make up a Regiment of the disbanded Army if he can do it by Perswasion to carry them out of the Country for the King of Spain's Service this is all So I rest Whitehall the 19th of June 1641. Your assured Friend CHARLES R. Moreover how much the King was surprized with the Irish Rebellion will also appear in his Letter to the Marquess of Ormond whom
the first and third Year of his Reign he did confirm them and in the eleventh Year he sent the following Writ which I recite at large because I find it curtail'd both in Calvin's Case and my Lord Cooks first Institutes 141. b. And what else King Henry did in this Matter shall be mentioned in the Account of his Reign REX Lib. GGG c. Baronibus militibus aliis libere tenentibus Lageniae salutem c. Satis ut credimus vestra audivit discretio quod cum bonae Memoriae Johannes quondam Rex Angliae pater noster venit in Hiberniam ipse duxit secum viros discretos legis peritos quorum communi consilio ad instantiam Hibernensium statuit praecepit Leges Anglicanas teneri in Hibernia ita quod leges easdem in scriptis redactas reliquit sub Sigillo suo ad Scaccar Dublin Cum igitur Consuetudo Lex Angliae fuerit quod si aliquis desponsaverit aliquam mulierem sive viduam sive aliam haereditatem habentem ipse postmodum ex ea prolem suscitaverit cujus clamor auditus fuerit infra quatuor parietes idem vir si supervixerit ipsam Vxorem suam habebit tota vita sua custodiam Haereditatis Vxoris suae licet ea forte habuerit Haeredem de primo viro suo qui fuerit plenae aetatis vobis mandamus injungentes quatenus in loquela quae est in Cur. Wilm Com. Maresc inter Mauritium Fitz-Gerrald petent Galfridum de Marisco Justiciarium nostrum Hiberniae tenentem vel in alia loquela quae fuerit in casu praedicto nullo modo justitiam in contrar facere presumatis Teste Rege apud W. decim Decemb. And thus King John having exceeding well acquitted himself in Ireland and thereby in a great measure attoned for Miscarriages of his former Voyage he departed thence on the thirtieth Day of August 1210. having first appointed John Gray Bishop of Norwich Lord Justice who kept the Kingdom in so good Order that he was able to spare three hundred Foot besides Horse 1211. to aid the King in France where they did good Service and yet most of them safely returned to Ireland About this Time happened the famous Story of John de Courcy 1212. which I will give you in the very Words of Hanmer because he expresses it much better than it is in Cambden's Annals Not long after Hanmer 184. there fell some Difference between John King of England and Philip King of France for the Right of some Fort in Normandy who to avoid the shedding of Christian Blood agreed of each Side to put it to a Combat Of King Philip's part there was a French-man in Readiness King John upon the sudden wist not what to do for a Champion to encounter with him at length one attending upon his Person enformed him That there was one Courcy in the Tower of London the only Man in his Dominions if he would undertake it to answer the Challenge King John joyful of this sent the first yea the second and third Time promising large Rewards and rich Gifts and that it stood him upon as far as the Honour of his Crown and Kingdom did reach to make good the Combat Courcy answered very frowardly the which was taken in good Part in regard of the urgent Necessity That he would never fight for him neither for any such as he was That he was not worthy to have one Drop of Blood spilt for him That he was not able to requite him the Wrongs he had done him neither to restore him the Hearts-Ease he had bereav'd him of Yet notwithstanding all the Premises he was willing and would with all Expedition be ready to venture his Life in Defence of the Crown and his Country Whereupon it was agreed He should be dyeted apparelled and armed to his Content and that his own Sword should be brought him out of Ireland The Day came the Place appointed the Lists provided the Scaffolds set up the Princes with their Nobility of each Side with thousands in Expectation forth comes the French Champion gave a turn and rests him in his Tent They sent for Courcy who all this while was trussing of himself about with strong Points and answered the Messengers That if any of their Company were to go to such a Banquet he would make no great haste However forth he comes gave a Turn and went into his Tent. When the Trumpets sounded to Battle forth came the Combitants and viewed each other Courcy beheld him with a wonderful stern Countenance and passed by The French-man not liking his grim Look the strong Proportion and Feature of his Person stalked still along and when the Trumpets sounded the last Charge Courcy drew out his Sword and the French-man ran away and conveyed himself to Spain Whereupon they sounded Victory the People clapt their Hands and cast up their Caps King Philip desired King John That Courcy might be called before them to shew some Part of his Strength and Manhood by a Blow upon a Helmet it was agreed a Stake was set in the Ground and a Shirt of Male and a Helmet thereon Courcy drew his Sword looked wonderful sternly upon the Princes cleft the Helmet Shirt of Mail and the Stake so far in that none could pull it out but himself Then the Princes demanded of him What he meant to look so sowerly upon them His answer was If he had missed his Blow upon the Block he would have cut off both the Kings Heads All that he said was taken in good Part and King John discharged him of all his Troubles gave him great Gifts and restored him to his former Possessions in Ireland It is written further That hereupon he sailed into England came to Westchester offered himself to the Sea and was put back again fifteen times by contrary Winds which rose upon a sudden to the English Shore And in the Book of Houth it is delivered That upon every Repulse the Night following he was admonished in a Vision Not to attempt the Seas for to sail into Ireland and that he should never set Foot upon any Land there and withal that the Reason was yielded thus Courcy thou hast done very ill for thou hast pulled down the Master and set up the Servant for he had translated the Cathedral Church and the Prebendaries of the Blessed Trinity in Dune into an Abbey of Black Monks brought thither from Chester and consecrated the same to the Honour of S. Patrick Whereupon remembring himself That he had done very ill in taking the Name from God and giving it to a Creature he gave Sentence upon himself That he was worthily punished and immediately he altered his Course went into France and there died But 't is Time to return to our Lord Justice who was sent for into England and ordered to leave the Government in the Hands of Henry de Londres Archbishop of Dublin Lord Justice July 23. he had
days But go too suppose he never be had What is Kildare to blame for it more than my good Brother of Ossory who notwithstanding his high Promises having also the Kings Power is yet content to bring him in at leisure Cannot the Earl of Desmond shift but I must be of Council Cannot he hide him except I wink If he be close am I his Mate If he be befriended am I a Traytor This is a doughty kind of Accusation which they urge against me wherein they are gravell'd and mir'd at my first denial You would not see him say they Who made them so familiar with mine Eye-sight Or when was the Earl within my view Or who stood by when I let him slip Or where are the Tokens of my wilful Hoodwink But you sent him word to beware of you Who was the Messenger Where are the Letters Convince my Negatives see how loose this idle Gear hangeth together Desmond is not taken well you are in fault Why Because you are Who proveth it No body What Conjectures So it seemeth To whom To your Enemies Who told it them They will swear it What other Ground None Will they swear it my Lord Why then of like they know it either they have my hand to shew or can bring forth the Messenger or were present at a Conference or privy to Desmond or some body bewrayed it to them or they themselves were my Carriers or Vicegerents therein Which of these Parts will they chuse For I know them too well To reckon my self convict by their bare Words or heedless Sayings or frantick Oaths were but meer Mockery My Letters were soon read were any such Writing extant my Servants and Friends are ready to be sifted Of my Cozen Desmond they may lie loudly since no man here can well contrary them Touching my self I never noted in them so much Wit or so fast Faith that I would have gaged on their silence the Life of a good Hound much less mine own I doubt not may it please your Honours to oppose them how they came to the knowledge of these Matters which they are so ready to depose but you shall find their Tongues chained to another mans Trencher and as it were Knights of the Post suborn'd to say swear and stare the utmost they can as those that pass not what they say nor with what face they say it so they say no truth But on the other side it grieveth me That your good Grace whom I take to be wise and sharp and who of your blessed disposition wisheth me well should be so far gone in crediting these corrupt Informers that abuse the ignorance of your State and Countrey to my peril Little know you my Lord how necessary it is not only for the Governor but also for every Nobleman in Ireland to hamper the uncivil Neighbors at discretion wherein if they waited for Process of Law and had not those Lives and Lands you speak of within their reach they might hap to lose their own Lives and Lands without Law You hear of a Case as it were in a Dream and feel not the smart that vexeth us In England there is not a mean Subject that dare extend his hand to fillip a Peer of the Realm In Ireland except the Lord have Cunning to his Strength and Strength to save his Crown and sufficient Authority to take Thieves and Varlets when they stir he shall find them swarm so fast that it will be too late to call for Justice If you will have our Service take effect you must not tie us always to those judicial Proceedings wherewith your Realm thanked be God is inured Touching my Kingdom I know not what your Lordship should mean thereby If your Grace imagine that a Kingdom consisteth in serving God in obeying the Prince in governing with Love the Commonwealth in supporting Subjects in suppressing Rebels in executing Justice in bridling blind Affections I would be willing to be invested with so Vertuous and Royal a Name but if therefore you term me a King in that you are perswaded that I repine at the Government of my Sovereign or wink at Malefactors or oppress civil Livers I utterly disclaim that odious Term marvelling greatly that one of your Graces profound Wisdom would seem to appropriate so sacred a Name to so wicked a thing But howsoever it be my Lord I would you and I had changed Kingdoms but for one Month I would trust to gather up more Crumbs in that space than twice the Revenues of my poor Earldom But you are well and warm and so hold you and upbraid not me with such an odious Term. I slumber in a hard Cabin when you sleep in a soft Bed of Down I serve under the King's Cope of Heaven when you are served under a Canopy I drink Water out of my Skull when you drink Wine out of Golden Cups my Courser is train'd to the Field when your Jennet is taught to Amble when you are Graced and Belorded and Crouched and Kneeled unto then find I small Grace with our Irish Borderers except I cut them off by the Knees Hereupon the Cardinal finding that Kildare was no Fool adjourned the Cause till farther Proof could be produced however being fretted at this Speech he remanded the Earl to the Tower contrary to the Opinion of most of the Council Speed 775. it seems he was afterwards Bayl'd on the Recognizance of the Duke of Norfolk and was again imprisoned upon some Light the Cardinal had gotten of the Message to O Neal and O Connor which Kildare had sent by his Daughter the Lady Slane It is reported That whilst the Earl and the Lieutenant of the Tower were at Play together at Slide-groat a Mandate was sent by the Cardinal to execute Kildare the next day Whereupon he changing Countenance the Earl swore by S. Bride That there was some mad Game in that Scroll but fall how it will this Throw is for a huddle says he Speed 775. And being told of the Contents of the Letter he desired the Lieutenant to know the King's Pleasure therein which he did and the King was surpriz'd at the thing for he knew nothing of it and to controll the Sawciness of the Priest as he phrased it gave the Lieutenant his Signet for a Countermand whereat the Cardinal stormed But it seems to me that this Story is a meer Fiction because I find not one Word of Kildare's Trial and it is not credible that they would execute a Man of his Quality before he was legally Tried and Condemned Afterwards this Earl was again enlarged out of Prison on very considerable Bayl viz. the Marchioness Dowager of Dorset Ware 119. the Marquess of Dorset the Lords Fitz-Walter and Mountjoy the Bishop of S. Asaph Richard Lord Grey John Lord Grey Leonard Lord Grey Sir Henry Gilford Sir John Zouch and John Abbot of Vale-Royal and was not long after restored to the King's Favour When the Earl of Kildare went to England
he substituted his Brother Thomas Fitz Girald of Leixlip Lord Deputy but he in a very little time was forced to quit the Sword to Richard Nugent 1527. Lord Baron of Delvin Lord Deputy who could the easier keep the Kingdom quiet because the great Enemies and Competitors the Earls of Kildare and Ormond were both in England and about this time it hapned that the Title of Ormond was taken from Sir Pierce Butler who in lieu thereof was with great Pomp created Earl of Ossory 1528. at Windsor the 23d of February And whoever is curious to see the Copy of the Patent Ware says 1527. and a large and full Account of the whole Solemnity may find it Lib. G. 121 Baker says 1529. in the Library at Lambeth and particularly that he gave the Trumpeters twenty Pounds whereas the great Earl of Tyrone gave them but forty Shillings About the same time Sir Thomas Bullen who had married one of the Daughters and Co-heirs of Thomas Earl of Ormond was as it were Selden's Tit. of Honour 840. in her Right Created Earl of Wiltshire and Ormond and though there is but one Patent for both Titles yet there are several Clauses of Investiture several Habendums and several Grants of Creation-Money It has been already observed That many Irish Potentates had received Pensions for many years on the account of giving Protection to the King's Subjects or at least of sparing them from Plunder and although this scandalous and dishonourable Tribute was duly paid yet the Irish did not perform their Engagements but made frequent Sallies and Incursions as they had opportunity and particularly this very Spring O Connor made an irruption into the Pale 1528. and carryed away much Prey and Plunder into Offaly it seems the L. Deputy was too weak to revenge this Outrage by force Ware 's Annals 121. all that he could do was to withold O Connor's Pension which he did Hereupon the Rebel complained as if he had received the greatest Injury and desired to have a Parly with the Lord Deputy about it on the 12th of May the Lord Deputy consented and came at the time appointed not doubting but that he should convince all the World and even O Connor himself of the unreasonableness of his Demand but alas he was mistaken O Connor did not intend to argue the Matter fairly but was resolved to help himself by a Stratagem as they call it for he perfidiously set upon the Deputy and took him Prisoner and killed and wounded many of his Attendants And thereupon the Council chose Pierce Earl of Ossory Lord Deputy who being returned from England came to Dublin accompanied with O More O Carol and one of the O Connors and a numerous Train The first thing he did was to send a Message to O Connor to enlarge the Lord Delvin but he received a flat Denial and therefore the Lord Deputy and Council did by Act of State suspend the aforesaid Pension and not long after all those Pensions and the like Irish Exactions were suppressed and for ever extinguished by Act of Parliament Ware 122. The Sweating Sickness called Sudor Anglicus was fatal to many of the Irish this Year amongst the rest the Lord Chancellor died of it and was succeeded by the aforesaid Alan a Creature of Wolsy's raised by him to this Office purposely to oppress the Earl of Kildare That unfortunate Earl continuing his Enmity against the Earl of Ossory sent his Daughter the Lady Slane from Newington into Ireland to excite his Brothers and Friends O Neal and O Connor and whomsoever else she could to oppose the Lord Deputy and she was unhappy in being successful in her Negotiation for she procured much Mischief to the Lord Deputy and great Devastations on his Lands which afterward occasion'd great Trouble and Danger to her Father as aforesaid The Famous Emperor Charles the Fifth sent his Ambassador Gonzagues to the Earl of Desmond to stir him to Rebellion The Emperor's Instructions bear Date at Tolâ—do Feb. 24. and are 1529. to treat with Illustrissime il Conde de Desmond c. But this Embassie was ineffectual because that Earl died at Dingle the eighteenth of June 1529. He left one only Daughter who was afterwards married to James the sixth of that Name Earl of Ormond so that he was succeeded in the Earldom of Desmond by his Unkle and Enemy Thomas Moyle And now was the King's Divorce publickly ventilated in England and the Pope revoked his Legates and resumed the Cause to himself which enraged the King and was the Ruine of Cardinal Wolsy In the mean time the King made his Natural Son Henry Fitz-Roy Duke of Richmond and Somerset Lord Lieutenant of Ireland and sent over Sir Willian Skeffington Lord Deputy he arrived in August with Mony and with two hundred Horse accompanied by the Earl of Kildare freed from all his Troubles and were received by the Citizens of Dublin with great Joy His Instructions were I. To preserve the Peace between the Earls of Kildare Desmond and Ossory that so they might be the better able to assist the Deputy and the common Cause II. To be on the Defence only III. To make no Hostings without Advice of Council IV. To assist the Earl of Kildare privately I suppose in his Designs against the Irish V. To moderate the Exactions of the Soldiers VI. To subject the Lands of the Clergy to their part of the Publick Charge VII To call a Parliament And Lastly which is the strangest of all to endeavour to get a Subsidy before the Parliament sit About the same time Edmond Butler Archbishop of Cashel indicted a Provincial Synod at Limerick at which were present Nicholas Bishop of Lismore and Waterford John Bishop of Limerick Ware 125. and James Bishop of Killaloo they gave Power to the Mayor of Limerick to imprison Ecclesiastical Debtors until they pay their Debts without incurring any Excommunication of which Constitution or Canon the inferior Clergy grievously complained alledging That it was a Breach of their Priviledge But let us return to the Lord Deputy who invaded the Territory of Leix 1530. to suppress the Insolencies of O More and O Connor and their Confederates he destroyed O More by slight but frequent Skirmishes And so having preyed the Country he returned with these happy First-Fruits of his Government In the mean time the great Minster of State Cardinal Wolsy came to Disgrace in England and died the last Day of November And about the same time great Jealousies and Misunderstandings began to arise in Ireland between the Lord Deputy and the Earl of Kildare Nevertheless The Lord Deputy took that Earl to his Assistance in his Expedition into Vlster and there they took the Castle of Kinard and returned loaden with Prey and Plunder according to the Custom of those Times And with this Atchievment Hugh O Donel was frighted into a Submission which being himself sick he performed by his Delegates Con O
in England provided that nothing shall be concluded by both or either of the said Houses of Parliament which may bring prejudice to any of His Majesties Protestant Party or their Adherents or to any of his Majesties Roman-Catholick Subjects Party or their Adherents other than such things as upon this Treaty shall be concluded to be done or such things as may be proper for the Committee of Priviledges of either or both Houses to take cognizance of as in such cases heretofore hath been accustomed and such other things as shall be propounded to either or both Houses by the Lord Lieutenant or other chief Governour or Governours for the time being during the said Parliament for the advancement of His Majesties Service and the Peace of the Kingdom which Clause is to admit no construction which may trench upon these Articles or any of them 3. It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased that all Acts Ordinances and Orders made by both or either Houses of Parliament to the blemish dishonour or prejudice of His Majesties Roman-Catholick Subjects of this Kingdom or any of them since the Seventh of August 1641 shall be vacated and that the same and all exemplifications and other Acts which may continue the memory of them be made void by Act of Parliament 4. It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased that all Indictments Attainders Outlawries in this Kingdom and all the Processes and other proceedings thereupon and all Letters Patents Grants Leases Custodiams Bonds Recognizances and all Records Act or Acts Office or Offices Inquisitions and all other things depending upon or taken by reason of the said Indictments Attainders or Outlawries since the Seventh of August 1641 in prejudice of the said Catholicks their Heirs Executors Administrators and Assigns or any of them or the Widows of them or any of them shall be vacated and made void in such sort as no memory shall remain thereof to the blemish dishonour or prejudice of the said Catholicks their Heirs Executors Administrators or Assigns or any of them or the Widows of them or any of them and that to be done immediately after concluding of these Articles and at furthest before the First day of October next or in case the said new Parliament be called sooner than the said last day of November then Forty days before the said Parliament And that all impediments which may hinder the said Roman-Catholicks to Sit or Vote in the next intended Parliament or to choose or to be chosen Knights and Burgesses to Sit or Vote there shall be removed before the said Parliament provided that no man shall be questioned by reason of this Article for mesne rates or wastes saving wilful wastes committed after the First of November 1645. 5. It is further concluded accorded and agreed upon by and between the said parties And His Majesty is further graciously pleased that all debts do stand in state as they were in the beginning of those troubles and that no grant or disposition made or to be made thereof by vertue or colour of any Attainder Outlawry Fugacy or other Forfeiture whatsoever or otherwise shall be of force and this to be passed as an Act in the said next Parliament 6. It is concluded accorded and agreed by and between the said parties and His Majesty is graciously pleased that for the securing of the Estates or reputed Estates of the Lords Knights Gentlemen and Freeholders or reputed Freeholders as well of Connaught and County of Clare or Country of Thomond as of the County of Limerick and Tipperary the same to be secured by Act of Parliament according to the intent of the Five and Twentieth Article of the Graces granted in the Fourth year of his Majesties Reign the Tenor whereof for so much as concerneth the said Proposition doth ensue in these words viz. We are Graciously pleased that for the securing of the Inhabitants of Connaught and Country of Thomond and County of Clare that their several Estates shall be confirmed unto them and their Heirs against Vs and our Heirs and Successors by Act to be passed in the next Parliament to be holden in Ireland to the end the same may never hereafter be brought into any further question by Vs Our Heirs and Successors in which Act of Parliament so to be passed you are to take care that all Tenures in Capite and all Rents and Services as are now due or which ought to be answered unto Vs out of the said Lands and Premises by any Letters Patents past thereof since the first year of King Henry the Eighht or found by any Office taken from the said first year of King Henry the Eighth until the One and Twentieth of July 1615 whereby our late dear Father or any His Predecessors actually received any profit by Wardship Liveries primer Seisins mesne rates Oâ—ster le mains or fines of alienations without licence be again reserved unto Vs Our Heirs and Successors And all the rest of the premises to be holden of Our Castle of Athloane by Knights Service according to our said late Fathers Letters notwithstanding any Tenures in Capite found for Vs by Office since the One and Twentieth of July 1615 and not appearing in any such Letters Patents or Offices within which rule it is His Majesties pleasure and it is so concluded and agreed that the said Lands in the Counties of Limerick and Tipperary be included but to be held by such Rents and Tenures only as they were in the Fourth Year of His Majesties Reign Provided always and it is the intention of the said parties to these presents that the said Lords Knights Gentlemen and Freeholders or reputed Freeholders of the said Province of Connaught County of Clare and Country of Thomond and Counties of Tipperary and Limerick shall have and enjoy the full benefit of such Composition and Agreement which shall be made with His most Excellent Majesty for the Court of Wards Tenures Respites and Issues of Homage any clause in this Article contained to the contrary notwithstanding And as for the Lands within the Counties of Kilkenny and Wickloe unto which His Majesty was Intituled by Offices taken or found in the time of the Earl of Strafford's Government in this Kingdom His Majesty is graciously pleased that the state thereof shall be considered in the next intended Parliament wâ—â—rein His Majesty will assent unto that which shall be Just and Honourable And it is further concluded and agreed by and between the said Parties and His Majesty is further graciously pleased that the like Act of Limitation of His Majesties Titles for the security of the Estates of His Subjects of this Kingdom be passed in the said Parliament as was Enacted in the One and Twentieth Year of His late Majesty King James His Reign in England 7. It is further concluded accorded and