in Ireland by any of the Kings Officers without his special License contrary to the aforesaid Ordinance of Edw. 2. And so on the 8th day of September Lionel Duke of Clarenâ—e 1361. Earl of Vlster and Lord of Connaught came over Lord Lieutenant and brought with him an Army of fifteen hundred men by the Pole and his Entertainment was thirteen shillings and four pence per diem and two shillings apiece for eight Knights six pence apiece for three hundred and sixty Archers on Horseback out of Lancashire and two pence apiece for twenty three Archers out of Wales Under him was Ralph Earl of Stafford who had six shillings and eight pence per diem for himself four shillings for a Baneret two shillings apiece for seventeen Knights twelve pence apiece for seventy eight Esquires and six pence apiece for an hundred Archers on Horseback Davis 30 31. and four pence apiece for seventy Archers on foot And James Earl of Ormond had four shillings per diem and two shillings apiece for two Knights and twelve pence apiece for twenty seven Esquires six pence apiece for twenty Hoblers armed four pence apiece for twenty Hoblers unarm'd And Sir John Carew Baneret had four shillings per diem and two shillings for one Knight and twelve pence apiece for eight Esquires and six pence apiece for ten Archers on Horseback And Sir William Windsor had two shillings per diem and for two Knights two shillings each for forty nine Squires twelve pence apiece and for six Archers on Horseback sixpence apiece Upon his coming over Proclamation was made to remand out of England all Men that held Land in Ireland on pain of Forfeiture of their Land because he thought that by his Army 36 Edw. 3. m. 21. and the assistance of the English of Birth he should be able to do great Feats without the assistance of the old English and therefore he also proclaimed That none of the old English should joyn his Army or approach his Camp which gave great offence to those that were the Progeny of the first Conquerors and had hitherto preserved the Kingdom by their Valour However the Duke marched his Army against O Brian but not being acquainted with the Country nor the Manners of the Irish he soon lost an hundred of his Men and thereby found the want of the old experieneed English whom he at first rejected but he timely repair'd his Error by another Proclamation inviting and requiring them to come to him whereupon they united and the Affair proceeded prosperously so that O Bryan was subdued Hereupon the Duke made many Knights as well of Old as New English and some time after he removed the Exchequer to Caterlough and bestowed five hundred Pounds in walling that Town He did many other good Acts so much to the Satisfaction of the whole Kingdom that as well the Clergy as the Layity gave him two Years Profit of all their Lands and Tithes towards the maintenance of the War here He was the first that kept the Army under Discipline so that they were not grievous or burthensom to the Country as they used to be And so having behaved himself very well in Ireland he returned to England on the twenty second of April leaving James Butler 1364. Earl of Ormond Lord Deputy This Lord obtained a Licence from the King to purchase Lands to the value of sixty Pound per annum Lib. CCC non obstante the Statute or Ordinance That no Officer of the King's should purchase within his Jurisdiction But on the eighth Day of December Lionel Duke of Clarence Lord Lieutenant came over again but made a very short Stay before he left the Kingdom and deputed Sir Thomas Dale 1365. Lord Deputy in whose time great Contest arose between the Birminghams of Carbry and the Inhabitants of Meath for the very English were now grown so degenerate that they preyed and pillaged one another after the barbarous manner of the Irish so that Sir Robert Preston Chief Baron who had married one of the Daughters and Coheirs of Sir Walter Birmingham was forced to put a good Guard into his Castle of Carbry to secure his Estate against his seditious Neighbours Hereupon Lionel Duke of Clarente 1367. Lord Lieutenant came over again and held that renowned Parliament at Kilkenny which made that famous Act which is so often cited by the name of the Statute of Kilkenny The Bishops of Dublin Cashel Tuam Lissmore Waterford Killaloo Ossory Leighlin and Cloyne Lib. D. who were present at this Parliament did fulminate an Excommunication against the Transgressors of that Law The Lords and Commons sat together at the making of it and the Statute it self is in French and to be seen at large in the Library at Lambeth libro D. but the effect of it is That the Brehon Law is an evil Custom Davis 112 191. and that it be Treason to use it That Marriage Nursing and Gossiping with the Irish be Treason That the use of Irish Name Apparel or Language be punished with the loss of Lands or imprisonment until the Party give Security to conform That the English should not make War upon the Irish without Order of the State That the English should not permit the Irish to Creaght or graze upon their Land Nor present an Irishman to an Ecclesiastical Benefice Nor receive them into Monasteries or Religious Houses Nor entertain any of their Minstrels Rhimers or News-tellers Nor cess Horse or Foot upon the English Subject against his Will on Pain of Felony And that Sheriffs might enter any Liberty or Franchise to apprehend Felons or Traytors And that four Wardens of the Peace should be appointed in every County equally to assess every Man's Proportion of the publick Charge for Men and Armour But it seems this Statute did not affect the Irish because they were not amesnable to Law for notwithstanding this Act the Irish did always use their Brehon Law until the third Year of King James I. Nevertheless this Law Davis 193. together with the Presence of the King's Son and the Discipline he used did very much reform the degenerate English so that the Revenues certain and casual of Vlster and Connaught were thenceforward accounted for in the Exchequer and the King's Writ did run in both those Provinces and therefore this Statute was revived and confirmed by 10 Hen. 7. cap. 8. It is to be noted Lib. D. That at this time the Price of a Cow was but ten Groats and the Pay of a Foot-Soldier was but two Pence a Day whereof he paid a Penny for his Victuals Nor must it be forgot That about this time it was declared in England That the King could not by Law alienate his Dominions And that King John his Submission to the Pope being contrary to his Coronation Oath and to Law was utterly void But let us return to the Lord Lieutenant who having concluded this Parliament to his Mind went to
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
Courts of Exchequer and Commonpleas be removeable at the Discretion of the chief Governour on twenty eight Days notice V. That the Earls of Desmond and Kildare and Edward Plunket Esq as well for Alliances Fosterage and Alterage with the King's Irish Enemies as in furnishing them with Horse and Arms and supporting them against the King's Subjects which is notoriously known to be against the Kings Laws and the laudable Statutes of the Land Lib. D. be attainted of Treason and that whoever hath any of their Goods or Lands and doth not discover it to the Deputy within fourteen Days shall be attainted of Felony By vertue of this Act of Parliament Davis 186. the great Earl of Desmond was beheaded at Drogheda the fifteenth of February 1467. Report makes his Crime to be That of extorting Coyn and Livery And the Irish say it was for an affront he put upon the Queen for being of a noble Race and a generous or rather proud Spirit he despised the King's Marriage with so mean a Subject as the Lady Elizabeth Grey and often said She was a Taylors Widow Perhaps he had more reason than any Man to speak bitterly against such Matches because he had no other Title to the Earldom of Desmond than by the Marriage of his Nephew Thomas the fifth Earl of Desmond to Katherin ni William mac Cormock one of his Vassals for which that Earl was so persecuted by his Relations that he was forced to resign his Earldom to this his Unkle who is commonly called by the Irish Thomas of Drogheda And it would be a very hard case that the Nephew should be so abused for an Act which the King had justified by following the Example and therefore the Unkle exclaimed against that Action as a thing too base to be imitated or excus'd There is also another Vulgar Tradition about this matter which seems very unlikely Lib. P. if not impossible and that is That the Queen should steal the Privy Signet and put it to an Order for his Execution But it is well worth our Observation Davis 185. That as the Earls of Desmond were the first Introducers of Coyn and Livery among the English and the first that broached the distinction between English of Birth and English of Blood and the first Peers that refused to come to Parliament upon Summons so they were the only Peers that ever were executed in Ireland and the only Noble English Family that was by the Hand of Justice extinguished there so that this degenerate Family which of all others was most injurious and ungrateful to the English Government did suffer more by the same Government than any other Family in that Kingdom and those Exactions of Coyn and Livery which were the Foundations of their Grandure did at last prove the cause or occasion of their Ruine in the person of Gerald the fifteenth Earl of Desmond On the twenty sixth of February Edmond Lord Dunboyn Lib. G. for taking Con O Connor Prisoner and delivering him to the Lord Deputy and for other Services he had done the State obtained a Patent for ten Pound per annum payable out of the Fee farm Rents of Waterford forfeited by the Attainder of James Earl of Ormond and also the Prisage of Limerick Cork Ross Galway Youghal Kingsale Dungarvan and Dingle and the Lands of Castle-Richard in Meath habendum during his Life It is plain by many Circumstances and particularly that of his short stay in Ireland that this Lord Deputy came over meerly to serve a turn for as soon as the Earl of Desmond was executed the Earl of Kildare was not only pardoned but also the Lord Deputy hastned to England and left Thomas Earl of Kildare 1467. Lord Justice and afterward Lord Deputy to the Duke of Clarence Selden 841. In whose time John Bold was made Baron of Ratooth This Lord Justice held a Parliament at Drogheda which enacted I. That whereas it was doubted October 1468. whether the Act of 6 Rich. 2. That Women consenting to Ravishers should forfeit their Inheritance were of Force in Ireland it is now put out of Doubt and that and all other English Statutes made before that time are confirmed here II. Against Regrators and Ingrossers He also held another Parliament at the Naas Friday after S. Andrew's Day 1472. which was adjourned to Dublin to the Friday after S. Gregory's Day and enacted I. That Staple Wares be not transported to Scotland without payment of the Custom called the Coquet upon Pain of Forfeiture of the same II. That every Merchant shall bring twenty Shillings worth of Bows and Arrows into Ireland Repeal 10 Car. 1. ch 22. for every twenty Pounds worth of other Goods he imports from England III. That no Grain be transported out of Ireland if the Market Price exceed ten Pence a Peck on pain of forfeiting Ship and Goods But it was all repealed by the Parliament Lib. G. 18 Edw. 4. Nevertheless there was an Act of Parliament this Year of 12 Edw. 4. to this effect That there should be a Fraternity of Arms of the number of thirteen Persons Ex offic magistr Rot. in Castr Dublin Davis 55. of the most Honourable and faithfully disposed in the Counties of Kildare Dublin Meath and Louth viz. three out of each County and four from Meath that is to say Thomas Earl of Kildare Rowland Eustace Lord of Portlester Sir Rowland Eustace Knight for the County of Kildare Robert Lord of Hoath the Mayor of Dublin for the time being and Sir Robert Dowdal Knight for the County of Dublin the Lord Gormanstown Edward Plunket Seneschal of Meath Alexander Plunket Esq and Barnaby Barnewal Esq for the County of Meath and the Mayor of Drogheda Sir Lawrence Taaf Knight and Richard Bellew Esq for the County of Louth And that they and their Successors should yearly assemble at Dublin on S. George's Day and there chuse one of them to be Captain for the next year the which Captain and Brethren shall be created a Society by the Name of the Captain and Brethren at Arms the Captain shall have an hundred and twenty Archers on Horseback at six pence a Day for Meat Drink and Wages and forty Horsemen and forty Pages at five pence a day for him and his Page and four Marks per annum Wages the Captain and Brethren and their Successors to support this Charge shall have twelve pence per Pound out of all Merchandize sold in Ireland whether it be imported or exported except Hides and the Goods of the Free-men of Drogheda and Dublin and the Mayors of Dublin and Drogheda to be the Receivers of the foresaid Poundage the Fraternity shall have Power to make Laws for the good Governance of the Society and to elect a new Brother in the place of any deceasing and the Captain shall have Authority to apprehend all Out-law'd Rebels and others that will not be justified by Law And this was the Original of the
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
Bishops Vicars-General Abbots and all others exercising Ecclesiastical Jurisdiction by the Popes Authority and in particular Peter Talbot pretended Archbishop of Dublin for his notorious Disloyalty to Your Majesty and Disobedience and Contempt of Your Laws may be commanded by Proclamation forthwith to depart out of Ireland and all other Your Majesties Dominons or otherwise to be prosecuted according to Law And that all Convents Seminaries and publick Popish Schools may be dissolved and suppressed and the Secular Priests Commanded to depart under the like Penalty 4. That no Irish Papist be admitted to inhabit in any part of that Kingdom unless duly Licensed according to the aforesaid Acts of Settlement And that Your Majesty would be pleased to recal Your Letters of the 26 th of February 1671. and the Proclamation thereupon whereby general license is given to such Papists as Inhabit in Corporations there 5. That Your Majesties Letters of the 28 th of September 1672. and the Order of Council thereupon whereby Your Subjects are required not to prosecute any Actions against the Irish for any Wrongs or Injuries committed during the late Rebellion may likewise be recalled 6. That Collonel Talbot who hath notoriously assumed to himself the Title of Agent of the Roman Catholiks in Ireland be immediatedly dismissed out of all Command Military and Civil and forbidden Access to Your Majesties Court. 7. That Your Majesty would be pleased from time to time out of Your Princely Wisdom to give such further Order and Directions to the Lord Lieutenant or other Governor of Ireland for the time being as may best conduce to the Encouragement of the English Planters and Protestants Interest there and the Suppression of the Insolencies and Disorders of the Irish Papists there These our humble Desires we present to Your Majesety as the best means to preserve the Peace and Safety of that Your Kingdom which hath been so much of late in Danger by the Practices of the said Irish Papists particularly Richard and Peter Talbot and we doubt not but Your Majesty will find the happy Effects thereof to the great Satisfaction and Security of Your Majesties Person and Goverment which of all earthly Things is most dear to Your Majesties most Loyal Subjects But on the 5 th day of August 1672. 1672. Arthur Earl of Essex was Sworn Lord Lieutenant and in September his Excellency and the Council made Rules and Orders for Regulating of Corporations pursuant to a Clause in the Act of Explanation to that purpose And during his Government the Kingdom was very quiet in publick Appearance 1674. for whatever Designs were form'd in favour of Popery were private 1675. and in England and were so dexterously countermined by this Lord Lieutenant that there was but small effect of them perceived in Ireland but his Excellency went for England the day of 1675. leaving the Lord Chancellor and the Lord Granard 1676. Lords Justices who continued so until the return of the Earl of Essex who resumed the Goverment on the day of 1675. But in the beginning of the year 1675. Peter Fox and five more pretending to be Passengers in a very rich Ship in Holland called the St. Peter of Hamburgh bound for France did Murder the Master and three of his Crew and brought the Ship into Ireland but by the Wisdom and Diligence of Robert Southwell Esq Vice-Admiral of Munster five of the Malefactors were taken and executed and a great part of the Cargo preserv'd and secur'd for the right Owners But the Earl of Essex being recalled 1677. James Duke of Ormond was Sworn Lord Lieutenant on the day of August 1677. and that year there was a Popish Regiment raised in Ireland in pretence of Foreign Service but the Duke would give them no Arms so that they were forced to Exercise with Sticks But I should have mentioned That the St. David and forty East-India-Ships and forty Merchant-men arrived at Kingsale in July 1673. where they found a secure Sanctuary until they had Convoy sent them from England and this perhaps might be one motive to the Duke of Ormond the next time he took the Sword to consider the Importance of that Place which is the best Chamber for Shipping in His Majesty's Dominions There it was that the Spaniards landed in the year 1601. and there Sir Jeremy Smith and his Fleet sound a safe retreat Anno 1667. and therefore His Grace founded that Royal Structure of the New Fort of Rincorran which he visited in August 1678. and named Charles Fort and it seems that King James and the French had no less value for this important Place since they chose to land there in March 1688. In September the News of the Popish Plot arrived in Ireland 1678. and thereupon Peter Talbot Titular Archbishop of Dublin was apprehended and made close Prisoner in the Castle of Dublin and on the 11th of October the Lord-Lieutenant Ormond came to Dublin and on the 14th of October His Grace and the Council issued a Proclamation for all Officers and Soldiers to repair to their respective Garisons and Quarters and not to depart from thence without license And on the 16th of October there came out another Proclamation requiring all Titular Archbishops Bishops Vicars-General Abbots and other Dignâ—aries of the Church of Rome and all other exercising Ecclesiastical Jurisdiction by Authority from the Pope as also all Jesuits and other Regular Priests to depart the Kingdom by the 20 th of November and that all Popish Societies Convents Seminaries and Popish Schools should dissolve and separate themselves c. And that they may have convenience of Transportation all Ships outward-bound were by Proclamation of the 6th of November commanded to give timely notice of their departure and to take on board such of the Popish Clergy as desired to go with them And on the 2d of November the Papists were by Proclamation required to bring in their Arms by a certain day which being expired that the Justices c. should search for them And that all Papists that had above one Pound of Powder should send in an Account of their Store On the 20 th of November a Proclamation issued forbidding the Papists from coming into the Castle of Dublin or any other Fort or Cittadel and ordering the Markets of Droghedagh Wexford Cork Limerick Waterford Youghall and Galloway to be kept without the Walls and that no Papists should be suffered to reside or dwell in any Garison except such as had been Inhabitants there by the space of twelve months before and that the Papists should not meet in unusual Numbers or at unreasonable times And the same day issued another Proclamation for a reward of 10 l. for every Commission'd Officer 5 l. for every Trooper and 4 s. for every Foot-Soldier that can be discovered to have gone to Mass since he took the Oaths of Supremacy and Allegiance And here it will be but Justice to the memory of the Duke of Ormond to
them to secure the Peace of the Nation And sent them farther private Instructions by Robert Waspail who carried those Letters to whom he commanded them to give Credit And not long after the Lord Justice was removed and David Barry the worthy Ancestor of the Noble Family of Barrymore was made Lord Justice 1267. he so managed the Giraldines that he took from them the Castle of Sligo and all their Lands in Connaught and thereby put an End to those Wars and Differences that were between them and the Burks And in his Time the Friers Preachers were setled at Ross Kilkenny and Clonmel Sir Robert de Vfford was made Lord Justice of Ireland 1268. and began to build the Castle of Roscomon In his Time Cnoghor O Brian of Thomond was slain i.e. murdered by Dermònd mac Monard and Maurice Fitz-Girald not of Desmond as the Annals say but Son of Maurice Lord Justice anno 1272 was drowned between Ireland and Wales And about this Time came over a Writ from the King to levy Aurum Reginae for Elianor the Prince's Wife as was used in England which you may read at large 4 Inst 357. On which I will make but this one Remark That if the Sovereignty of Ireland were in the Prince how comes the King to send the Writ But it will evidently appear by the following Writ That the Prince had not the Sovereignty of that Kingdom CVm Rex per Cartam suam concessit Edvardo 52 Hen. 3. primogenito suo Terram suam Hiberniae cum pertinentiis Lib. GGG c. habendum sibi haeredibus suis Lambeth ita quod non separetur a Corona Angliae idem Edvardus sine Licentia Regis alienationes quorundam terrarum tenementorum spectantium ad Terram praedictam fecerit contra tenorem feofamenti Regis quod idem rex sustinere voluit ideo nunc dedit potestatem mandatum nepoti suo filio Regis Alemani the Son of Richard Earl of Cornwal King of the Romans revocandi omnia maneria terras tenementa quae dictus Edvardus filius Regis sic alienavit post feofamentum praedict c. Richard de Excester 1269. Lord Justice In whose time Othobon the Pope's Legate made excellent Constitutions at London He made a more firm Peace and Reconciliation between the Burks and Giraldines And not long after died and Sir James Audly 1270. or de Aldethel was made Lord Justice and had a very unfortunate Government of it for the Irish were every where troublesome Fragm M. S. Quasi omnes Hiberni guerraverunt omnes munitiones Fortifications in Ophaly praeter Castrum de Lega Ley destructi sunt Anglici inde expulsi magna strages utriusque nationis facta est in Connacia The Irish burn'd spoil'd destroyed and slew as well Magistrates as others and the King of Connaught in plain Field defeated Walter Burk Hanmer 202. Earl of Vlster and killed a great number of Nobles and Knights and particularly the Lords Richard and John Verdon and a great Famine and Pestilence the natural Consequences of War spread over all Ireland and sorely afflicted the whole Kingdom The Castles of Aldleck Roscomon and Scheligah perhaps Sligo were destroyed Nevertheless the Pope without Regard to these Universal Calamities required the Tiths of all Spiritual Promotions for three Years to maintain his Wars against a Christian King viz. of Arragon and tho' the People murmured and their Poverty and Misery pleaded loudly for them yet the rapacious Nuntio would not go empty away On the 23 of June 1272. the Lord Justice was killed by a fall from his Horse in Thomond and Maurice Fitz-Maurice Fitz-Girald was made Lord Justice 1272. and so continued till the sixteenth Day of November at which time the King died in Peace and full of Days in his Palace at London having reigned longer than any King since the Conquest viz. six and fifty Years c. THE REIGN OF EDWARD I. King of England c. And LORD of IRELAND EDWARD the First from the Talness of his Person Nicknamed Long-shanks succeeded his Deceased Father in all his Dominions on the 16th Day of November 1272 but he being at that time absent in the Holy Land the Nobility took care to keep all quiet until his Return and then on the 15th Day of August 1274. he was Crowned by Robert Archbishop of Canterbury Maurice Fitz-Maurice Fitz-Girald continued Lord Justice and to him Ware de pres 34. and to Hugh Bishop of Meath Lord Treasurer and to John de Sandford Escheator was a Writ sent December 7. 1272 Commissioning them to receive the Oaths of Fealty and Allegiance to the new King of all the Nobility Gentry and Commons of Ireland And the Lord Justice had another Writ of the same Date to proclaim the Kings Peace and to preserve it wherein 't is said That the King is willing and able by Gods Help to defend and do Justice to his People great and small And the Government of England being informed Prin. 256. That Avelina Countess of Vlster and Widow of Walter de Burgo had been endowed illegally both as to Quantity and Quality a Writ issued in the Kings Name to the Seneschal of Vlster to rectifie that Matter according to the Law and Usage of England In the mean time the Irish took advantage of the Kings absence from England and thought it an opportune Season to rebel 1273. they destroyed the Castle of Roscomon Aldleek Scheligath and Randon and found means to corrupt some of the Lord Justice Followers whereby he was betrayed into their hands in Ophaly and there taken and imprisoned whereupon Walter Genevil newly returned from the Holy Land was sent over Lord Justice Octob. 1273. to him a Writ was sent not to molest the Archbishop of Cashel for any Debts due from him to the King till his Majesties Return to England The Islanders and Red-shank Scots made a sudden incursion into Ireland and burnt several Towns and Villages killing Man 1274. Woman and Child most inhumanely and got away with vast Booty before the Country could get together or put themselves in a posture to prevent or resist this unexpected Torrent but not long after Richard de Burgo and Sir Eustace le Poer served them in their kind and entred the Islands and burnt their Cabbins and Cottages slew all they met with and smoakt out those that had hid themselves in Caves after the same manner that is used in smoaking a Fox out of his Earth Rosâ—omon-Castle was once again repaired 1275. or rather reedified and Mortagh a strong Tory being taken Prisoner by Sir Walter le Faunt was executed but the Lord Justice being recalled Sir Robert de Vfford was made Lord Justice 1276. in whose time Thomas de Clare Son of the Earl of Glocester came into Ireland and married Juliana Daughter of Maurice Fitz-Maurice Fitz-Girald though some say it was anno 1274. There is little
Quod Justic nec aliquis alius Minister de caetero det alicui custodiam vel maritagium alicujus haeredis ad regem pertinentis nec pardonet debita Regis seu fines amerciamenta vel catalla forisfacta sed quod Justiciarii alii Ministri hujusmodi custodias maritagia vendant aliud comodum Regis inde fac juxta discretiones suas Item Quod Vic. Coronatores de caetero eligantur per Communitates Comit. non alio modo quod catalla forisfacta remaneant in custodia Villar Item Quod Justic seu aliquis alius Minister non recipiet aliquem magnatem in pleg vel manucaptor versus Dominum regem nisi quatenus pro commodo Regis viderint faciendum Item Quod Justic obsides pro conservatione pacis sive liberatos in carceris Domini Regis fac salvo custodire ad sumptus suos proprios quod si ipsi qui posuerunt hujusmodi obsides conditiones conventiones quas fecerunt non observent Justic faciant Judicium de hujusmodi obsidibus Item Quod Justic seu aliquis Magnus Hibern non concedat protectiones alicui contra pacem Regis existent Item Quod nullus Minister Regis de caetero recipiatur in pleg vel manucaptorem versus Dominum Regem Item Quod fines de vaccis de caetero pro redemptione non capiantur sed denarii Item Quod Treuga capta capienda inter Anglicos Hibernicos de caetero observetur quod neutra pars damnum alteri durante hujusmodi Treuga inferat si fecerit pro felone habeatur Item Quod nullus ut lagatus in Gildabili receptetur infra libertates nec e converso inde fiat Ordinatio per Justic alios Ministros Dominos libertatum Item Quod Vic. alii Ministri computent quolibet anno semel ad minus si comode fieri poterit Item Quod Seneschallus alicujus Domini in Hibern non ponatur in aliquo Officio Regis Item Quod Thes vel aliquis alius Minister Regis ubi ipse intendere non potest supervideat quolibet anno castra Regis statum eorundem quod emendare fac defectus eorundem Item Quod vic in Turnis quae faciunt de Brevibus Domini Regis ponant nomina sua ita quod quilibet Vic. de exitibus forisfacturis aliis proficuis quae requiruntur sub nomine Vic. oneretur ad Scac. pro tempore suo proprio Item Quod extranei non assignentur Collectores Custumorum Regis sed Burgenses Villarum ubi tales Custumae colligi debent assignentur ad eas colligendas hoc fiat de potentioribus discretiorbus Item Quod Justic fac inquirere quolibet anno de Ministris Domini Regis eorum factis quod puniat delinquentes pert concilium avisamentum Canc. Thes aliorum de concilio Regis amoveat insufficientes Item Quod nullus manuteneat neo ducat Kernes nec Gentes vocat Idle men nisi in Marchis suis propriis ad custus eorundem nec faciat prizas Item Quod omnes Ministri Regis qui tenentur ad computandum non habent Terras seu Tenementa sufficientia in Hibernia invenient manucaptionem in Hibern ad respondendum Regi de compotis suis ibidem Item Quod habentes Terras Tenementa in Hibernia tam religiosi quam alii praemuniantur quod resideant in iisdem si sint in Marchis vel alibi vel ponent sufficientem Custodiam pro conservatione pacis in iisdem citra Fest S. Petri ad vincula prox futur si non fecerint quod Rex in eorum defectum Terras Tenementa illa in manum suam capiet de sufficiente custodia eorundem ordinabit Item Quod nullus cujuscunque status seu conditionis manuteneaâ— foveat nec defendat Hibernicos seu alium quemcunque contra pacem Domini Regis insurgentem si aliquis sic fecerit inde convictus fuerit pro Felone habebitur c. And at the same time the King sent another Writ Prin 269. commanding them to observe the Law of England in case of wardships without regard to the Custom or Usage of Ireland In July the Irish razed the Castle of Bunratty to the ground but in lieu of that 1332. the English on the 8th of August took the Castle of Arcklow and re-edified it They had also the good fortune to defeat the O Bryans Mac Carthyes and other Irish in Munster and to kill a great many of their Men and they also took the Castle of Coolmore The Irish Hostages that were kept at Limerick and Nenagh made notable Attempts to surprize and seize both those Castles and they pursued the Project so far as to get both of them into their possession but the English were resolved to regain them which they perform'd in a very short time and the Hostages at Limerick were put to death for their Treachery and those at Nenagh were still kept in durance But the O Tools of Leinster made a more successful Attempt on the Town of Newcastle in the County of Wicklow for they not only took it but also burnt it In the mean time Cottons Rec. 9. at the English Parliament holden in September principally for the Affairs of Ireland and the Kings Expedition thither it was fully agreed that the King should pass to Ireland in person Ibid. 10. and that in the mean time a Power should be sent to that Country and Commandment was given that all such as have Lands there should repair thither for defence of that Kingdom and that all such Learned in the Law as shall be sent as Justices or otherwise to serve in Ireland shall have no Excuse and that Search be made amongst all the Kings Records to see what hath been done for the Amendment of the Irish Lib. Z Z. And soon after a Writ was sent to William de Burgo and others to attend the King to consult of his Voyage to Ireland but because the time of year did not serve for the Kings Voyage nothing more was done than that the Lord Justice was recalled in November and in February after came over Sir John Darcy Lord Justice to whom the King gave the Mannors of Louth and Ballyogany which Simon Earl of Eu had forfeited by adhering to the French King Soon after his coming the Birminghams took a Prey of two thousand Cows from the O Connors in the County of Sligo But this small Success was quickly over-ballanced by a great Misfortue 1333. for William Burk Earl of Vlster was on the 6th of June basely murdered by his own perfidious Servants at Carigfergus whereupon his Wife and only Daughter sailed to England the Daughter was afterwards Married to the Duke of Clarence and had one only Daughter who was Wife to Roger Mortimer Earl of March and Lord of Trim And from her the Earldom of Vlster and Lordship of Connaught came by descent to be
England and Gerard Fitz Maurice Earl of Desmond was made Lord Justice 1367. he procured a Parly between the Birminghams and some Commissioners he sent but they treacherously seized on Thomas Burly Prior of Kilmaynam and Chancellor the Sheriff of Meath 1368. and Sir Robert Tyrrel c. whereupon James Birmingham who was a Prisoner in Irons at Trim was exchanged for the Chancellor and the others were fain to pay their Ransoms 1369. But on the twelfth of July came over Sir William de Winsor Lord Lieuten who called a Parliament at Kilkenny which gave three thousand Pound Subsidy And soon after another at Ballydoil which gave two thousand Pound Subsidy Pryn 304. towards the Maintenance of the King's Wars Both which Sums were for some time forborn by the King's Order Prin 300 301 but were afterwards levied and paid to the Lord Lieutenant And the King would also have had a Law made against Absentees and sent Orders to that Purpose but it seems that he did not prevail in that Matter This Lord Lieutenant vigorously prosecuted the War against the O Tools and the Rebels of Leinster but was interrupted by a fatal Accident for on the sixth of July near the Monastery of Mayo in the Country of Limerick O Connor and O Bryan got the better of the English and slew the Earl of Desmond and took John Fitz Nicholas Lord of Kerry and the Lord Thomas Fitz-John and many others Prisoners Whereupon the Lord Lieutenant was obliged to march to the Defence of Munster where he behaved himself so well that John Macnamarra a great Man in Thomond was forced to submit Lib. D. and give Hostages for Performance of Covenants one of which was To keep the Peace especially towards the Bishops of Limerick and Killalow Another was Not to annoy the City or Castle of Limerick nor hinder that City in their Fishing or in cutting down Woods in Thomond to build or repair their Houses And a third was That he should restore the Books Ornaments and Chalices he had taken from the Church of Limerick From whence may be observed That Sacriledge was well known and practised in Ireland before the Reformation But to proceed The Lord Lieutenant was sent for to England and therefore on the twenty first of March he deputed Maurice 1371. Earl of Kildare Custos of Ireland and he was sworn the next Day and continued in that Office until Sir Robert de Ashton 1372. Lord Justice arrived In his time there were great Fewds between O Farrel and the English of Meath so that many were killed on each Side and particularly Hussy 1373. Baron of Galtrim the Sheriff of Meath and William Dalton were in May slain by the Irish in Kinaleagh And whereas the Court of Exchequer had issued Process to levy Escuage as well for the Lands seised by the Rebels as for those which the English kept in Possession the King on the twenty second of May sent a Writ to the Exchequer to order that Matter according to Reason and Equity And whereas he was informed That Customs and Impositions were laid upon them which the major Part of the Parliament had not consented to he sent the Lord Justice a strange sort of Writ Pryn 303. which shall therefore be recited REX dilecto sâ—ideli suo Roberto de Ashton Justic suo Hibern Salutem Ex gravi conquestione ligeorum nostrorum Terrae nostrae Hibern accepimus quod cum Willielmus de Winsore nuper locum nostrum tenens in Terra praedicta ad primum Parliamentum post adventum suum in Hibern tent apud Dublin diversa Custumas onera quae antea aliquo tempore concessa non fuerunt ab ipsis Ligeis nostris petiâ—isse viz. de quolibet lasto halecis tres solidos de qualibet centena grossi piscis duodecem denarios de qualibet Centena minoris piscis sex denarios de quolibet dolio Salmonis quatuor solidos de qualibet pipa Salmonis duos solidos de quolibet dolio Vini sex solidos octo denar de qualibet pipa vini tres solidos quatuor denar de qualibet libra â—arnium boum porcorum ovium sex denarios de qualibet weia frumenti sex solidos octo denarios de qualibet weia Brasei fabarum pisar hordei siliginis hastinel quinque solidos de qualibet weia salis sex solidos octo denaer de qualibet libra pellium equorum cervorum Aphrorum pillfell pannor laniar lineorum fuldingoram aliarum merchandizarum sex denarios licet Praelati Magnates alii ligei nostri pro majori parte in dicto Parliamento nostro existentes concessioni levationi solutioni custum onerum praedictorum expresse contradixerunt quidam Praelati de concilio assensu praefat Willielmi existentes aliae singulares personae pro minori parte ejusâ—em Parliamenti in quadam camera congregati custumam onera superdicta absque assensu majoris partis dicti Paliamenti per tres annos tantum non ultra concesserunt praefatus tamen Willielmus alii de concilio suo in rotulis Canc. nosâ—ri ejusdem irrotulari registrari fecerunt quod dicta custumae onera per omnes in dicto Parliamento presentes perpetuis temporibus percipienda concessa fuerunt in ipsorum ligeorum nostrorum Terrae nostrae praedictae destructionem depaâ—perationem manifestam unde nobis supplicarunt sibi per nos de remedio provideri nos nolentes ipsos ligeos nostros injuste onerari vobis mandamus quod premissa omnia eorum singula eisdem modo forma quibus gesta acta fuerunt in proximo Parliamento nostro in Terra praedicta tenendo coram Praelatis Magnatibus Communitate dicti Parliamenti recitari declarari si per expositionnem examinationem eorundem vobis constare poterit premissa veritatem continere tunc irrotulamentum ac record concessionis custumae onerum praedict de assenfu dicti Parliamenti sine dilatione cancellari damnari levationi exactioni custumae onerum praedict ratione concessionis antedict post dictum trientum faciend supersederi faciatis omnino Teste Rege apud Westm 28. die Maii. And now happened the famous Case of Sir Richard Pembridge who was the King's Servant and Warden of the Cinque Ports 2. Inst 47. and being ordered to go over Lord Deputy to Ireland he refused and it was adjudged he might because it was but an honourable Exile and no man can by Law be compelled Perdere Patriam except in the case of Abjuration for Felony or by Act of Parliament And therefore another was sent viz. Sir William Windsor 1374. Lord Lieutenant who arived at Waterford on the eighteenth Day of April 1374. and was sworn at Kilkenny the fourth of May He undertook the Custody or Government of Ireland for eleven thousand two hundred and thirteen
Pound six Shillings and eight Pence per annum Lib. G. and obtained an Order from the King and Council That all those who had Lands in Ireland should repair thither or send sufficient Men in their Room to defend the Country on Pain of forfeiting their Estates Nevertheless this Lord Justice was so far from subduing the Irish that he confessed he could never get access to know their Countries or Habitations and yet he had spent more time in the Service of Ireland than any Englishman then living So finding he could do no good he resigned to James Earl of Ormond July 24. 1376 Lord Justice In whose time the Counties Cities and Burroughs of Ireland sent Commissioners to the King to Treat and Advise about the Affairs of that Kingdom and not to the English Parliament as some have mistaken it Pryn. 305. And the King did Issue a Writ to the Lord Justice and the Chancellor requiring them to levy the reasonable Expences of these Commissioners from the respective Places that chose them by Writ under the great Seal of Ireland And accordingly John Draper who served for Cork had a particular Mandate to the Mayor and Bayliffs of that City to pay him his reasonable Expences as aforesaid It will not be unuseful to recite this Lord Justice his Commission because the Reader will thereby perceive what Authority he had and will also note the Difference between this brief Commission and the prolix Forms that are now used REX omnibus ad quos Ibid. c. Salutem Sciatis quod commisimus dilecto consanguineo nostro Jacobo le Bottiler Comiti de Ormond officium Justic nostr Hibern Terram nostram Hibern cum Castris aliis pertinentiis suis custodiend quamdiu nobis placuerit percipiend per ann ad Scac. nostrum Hibern quamdiu in Officio illo sic steterit quingent libras pro quibus Officium illud terram custodiet erit se vicessimus de hominibus ad arma cum tot equis coopertis continue durante commissione supradicta c. But by a subsequent Patent the sixth of August he had Power to Pardon all Offences generally or to particular Persons and by consent of the Council to remove or displace any Officer those made by Patent under the great Seal only excepted Ibid. 307. And by another Writ of the same date the former Commission was explained not to extend to the Pardon of any Prelate or Earl for any Offence punishable by loss of Life Member Lands or Goods And the same time Alexander Bishop of Ossory was made Treasurer of Ireland and a Guard of six Men at Arms and twelve Archers at the King's Pay allowed him I have seen a Copy of a Commission to Maurice Fitz-Thomas Lib. G. 13. Earl of Kildare to govern Ireland till Sir William Windsor's return it bore date the sixteenth of February 50 Edw. 3. and Stephen Bishop of Meath was appointed to oversee Munster but because I find no other mention of his being in the Government about this time I have therefore omitted to name him as Lord Justice And so we are come to the twenty first Day of June 1377. 1377. on which Day this victorious King died at Shene in Surry in the sixty fourth Year of his Age and of his Reign the one and fiftieth Lib. M. His Revenue in Ireland did not exceed ten thousand Pound per annum though the Medium be taken from the best seven Years of his Reign THE REIGN OF RICARD II. King of England c. And LORD of IRELAND RICHARD the Second only Son of Edward commonly called the Black Prince Eldest Son of King Edward the Third was by his Grandfather declared to be his Heir and lawful Successor and accordingly succeeded him in the Throne on the 21st of June and was Crowned at Westminster the 16th of July following 1377. His tender Age being but eleven years old required a Protector and because it seemed dangerous to commit that great Authority and Power to a single Person it was given to the Kings Unkles the Duke of Lancaster and the Earl of Cambridge and others who thought fit to continue in the Government of Ireland James Earl of Ormond Lord Justice he kept the Kingdom in as good order as those dangerous and troublesom Times would admit of Baker 141. for both the French and the Scots took advantage of the Kings Infancy to disquiet his Dominions but especially the Realm of England This Lord Justice according to the Usage in those days held Pleas of the Crown Lib. G. Lambeth and Gaol-delivery at the Naas on Monday after Valentines Day 1378. and not long after surrendred to Alexander Balscot Bishop of Ossory Lord Justice who continued in the Government until November following Lib. G. and then gave place to John de Bromwick 1379. Lord Justice in whose time Beauchamp Earl of Warwick was by the Parliament of England made sole Protector of the King and Kingdom And then was made that first Act or Ordinance against Absentees Lib. M. Lambeth 138. by the Assent and Advice of the Lords and Nobles of England Davis 38. 199 being in Parliament Whereby it is Ordained That all that have Lands 4th Instit. 356 360. Rents or Offices in Ireland shall return thither but if they have reasonable cause to absent that then they shall send sufficient Deputies to defend their Castles and Estates or contribute two Thirds of the yearly value towards the defence thereof but that Students and those in the Kings Service and those absent for reasonable Cause by Licence under the Great Seal of England shall be excused for one Third of the yearly Profit of their Estates This Act was confirmed afterwards Lib. F. 19 Edw. 4. and by vertue hereof the Mannor of Ballymaclo in Meath was seiz'd into the Kings Hands for the absence of William de Carew but was the next year restor'd to him on his Petition Prin 308. Septemb. 27. 1380. And it is to be remembred That this Act was occasioned by a Petition from Ireland and that it is mentioned in the Body of the Act that the Loss of Ireland would be a Disinherison to the King and his Crown of England Ibid. At the same Parliament at Westminster there was another Irish Petition for Mine and Coigne which I take to be a Liberty to dig Mines and a Mint to coyn Money For the Kings Answer is That for six years to come every one may dig in his own Grounds for any Mineral whatsoever even Gold and Silver paying the Ninth part thereof to the King and sending the rest to the Kings Mint at Divelin for the Coynage of which they shall pay the usual Rates but must transport none to any place except England on pain of forseiting it if it be seized or the Value if he be convict of it unless the Party had special Licence under the Great Seal of
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
Pretence was Ridiculous because there were others of the same Lineage before him in the Pedigree and it was notorious That the Right of Succession was in Ann Daughter of Roger Mortimer Earl of March Son of Philippa Daughter of Lionel Duke of Clarence third Son of King Edward III. and accordingly her Grand-son afterwards possest the Kingdoms by the Name of Edward IV. And also finding that it was more vain to claim by Conquest when there was no fighting he was at last forced to rely on the Consent and Election of the People which was the Title his Embassadors insisted upon in the Courts of Foreign Princes Thus was the Foundation laid of those tedious and bloody Wars that afterwards ensued between the Houses of York and Lancaster commonly distinguished by the Appellations of the Red-Rose and the White that being the cognizance of the House of Lancaster and this the Badge of the Family of York This King was crowned on the thirteenth Day of October anno Dom. 1399. 1399. and Ireland was committed to the Care of Sir John Stanly 1399. Lord Lieutenant who came over thither Cotton's Records 390. on the tenth Day of December In his time the King obtained a Subsidy in England for three Years to provide for the Affairs of Ireland c. And about Whitsontide the Constable of Dublin-Castle and others near Strangford in Vlster encountred the Scots at Sea 1400. but with very ill Success for many Englishmen were there slain and drowned About this time the Town of Kilkenny was walled by Robert Talbot 1401. And about May the Lord Lieutenant repaired to England leaving his Brother Sir William Stanly Lord Deputy who on the twenty third Day of August surrendred unto Stephen Scroop Lord Deputy to the King's Son Thomas Duke of Lancaster who it seems came over only to provide and prepare for the Reception of Thomas Duke of Lancaster Seneschal of England and Lord Lieutenant of Ireland who landed on S. Bines-Day And on the fifth of July John Drake Mayor of Dublin with a Band of Citizens encountred and defeated four thousand Irish Outlaws near Bray in the Borders of Wicklow and slew four hundred ninety three of their best Men. This Lord Lieutenant held a Parliament in Dublin 1402. in September during which Sir Bartholomew Verdon James White Christopher White and Stephen Gernon slew John Dowdal Sheriff of Louth in Vrgile and committed sundry other Felonies and Robberies for which they were Outlawed and their Estates disposed of by Custodiam Cotton's Records 431. but afterwards the King pardoned them their Lives and restored them their Estates during their respective Lives only In October Daniel O Birne Lib. D. for him and his Sept or Nation submitted to the Lord Lieutenant and promised Allegiance and good Behaviour and to manifest his Sincerity he granted to the King the Castle of Mackenigan with the Apurtenances And on the thirteenth of December the Lord Lieutenant by Indenture set the Ferny in the County of Louth except the King's Castle to Aghy mac Mahon for Life Davis 48 at the Rent of ten Pound per Annum and Mac Mahon covenanted to be a good Subject And in February following O Reyly covenanted with the Lord Lieutenant and also swore to perform to the King during the minority of Mortimer all the Covenants he was obliged to perform to Roger Mortimer Earl of March and Vlster In May Sir Walter Betterly Steward of Vlster 1403. and thirty English were all slain And on the eleventh of November following the Duke returned to England and left Sir Stephen Scroop Lord Deputy 1404. who on the twenty sixth Day of October resigned to James Earl of Ormond 1405. Lord Justice who in April 1405 held a Parliament at Dublin and there the Statutes of Dublin and Kilkenny were confirmed as also the Charter of Ireland And this good Act was followed by good Success for in May two Scotch Barks were taken near Greencastle and another near Dalkye with their Captain Macgolagh Moreover the Merchants of Droghedae made Incursion into Scotland and brought thence both Pledges and Preys And the Dublinians also entred Scotland at S. Ninian and behaved themselves valiantly They also did the Welsh much harm and brought from thence the Shrine of S. Cubins which they placed in Christ-Church Dublin However the Irish burnt Oghgard and on the sixth of September the Lord Justice died at Gauran and was succeeded by Girald Earl of Kildare 1406. who probably was chosen Lord Justice by the Council In his time the Dublinians and their Neighbours on Corpus Christi-Day vanquished the Irish Enemies and took three Ensigns and brought to Dublin the Heads of those they had slain And the Prior of Conal had as good Success in the Plains of Kildare for with twenty Englishmen he defeated two hundred Irish and killed many of them But after Michaelmas came over Sir Stephen Scroop Lord Deputy He held a Parliament at Dublin in January which in the Lent after ended at Trim And about the latter end of February Meyler Birmingham slew Cathol O Connor About May the Lord Deputy 1407. accompanied with the Earls of Ormond and Desmond the Prior of Kilmainham and other Captains and Gentlemen of Meath set out from Dublin and invaded the Territory of Mac Morough at first the Irish had the better but at length the Constancy and Resolution of the English prevailed and O Nolan and his Son and others were taken Prisoners and after this was done they marched speedily to Calan in the County of Kikenny upon some Intelligence they had of the Rebels being thereabout and they so surprized them that the whole Party was routed and O Carol and eight hundred Men slain upon the Place But in June the Lord Deputy went to England and the Nobility and Council elected James Earl of Ormond Lord Justice In whose time a barbarous Tory called Mac Gilmore who is reported to have destroyed forty Churches and was never Christened had taken Prisoner Patrick Savage a Gentleman of great Esteem in Vlster they agreed upon his Ransome to be two thousand Marks and his Brother Richard was to become Hostage for it But this Subtle Barbarian managed the matter so that he received the Ransome according to Agreement and afterwards he murdered both the Brethren This Lord Justice held a Parliament at Dublin 1408. which confirmed the Statutes of Dublin and Kilkenny and also the Statute against Purveyors And on the second of August Thomas Duke of Lancaster came over Lord Lieutenant It seems that the Terms on which he undertook the Government were these First Lib. G. He was to hold the Place for seven Years Secondly He was to have five hundred Men at Arms and one thousand Archers for three Years Thirdly To have a Years Pay in Hand and afterwards to be paid every half Year Fourthly One thousand Marks per annum for himself and to be paid the Charge of Transportation
to and from England Fifthly That a certain Fund be appointed for their Pay Sixthly That at the King's Charge he might have a Family or two out of every Parish in England to inhabit Ireland Seventhly To have Power of granting Benefices and of making a Deputy And Lastly That the Demesnes of the Crown may be resumed and the Acts of Absentees may be executed The Lord Lieutenant within a Week after he came to Dublin caused the Earl of Kildare and three of his Family to be arrested and suffered the Earls Goods to be rifled and spoiled by the Duke's Servants and kept the Earl himself in Prison in Dublin Castle until he paid three hundred Marks It is recorded that the Lord Lieutenant was desperately wounded in an Encounter at Kilmainham and hardly escaped with Life but it is not mentioned how nor by whom but it seems he design'd to revenge it and to make a general Hosting for he made Proclamation that all such as ought by their Tenures to serve the King should assemble together at Ross He also held a Parliament at Kilkenny for a Tallage to be granted but what Success he had in these Assemblies is not so manifest as it is that he went to England on the 13th of March leaving Thomas Butler 1409. Prior of Kilmainham his Deputy in whose time the King gave the Sword to the City of Dublin and changed their PROVOST into a MAYOR and not long after the Barbarous Mac Gilmore being routed and pursued by the Savages fled to the Church of the Friers Minors at Carigfergus which he had formerly defaced but they got into the Windows whence this Tory had formerly taken the Iron Bars and there they put an end to his Villany and his Life In Vlster Jenico de Artois the famous Gascoigne behaved himself briskly and slew eighty of the Rebels in a Skirmish he had with them But on the twenty first of May or rather the thirteenth of June the Parliament began at Dublin 1410. and made it Treason to take Coyn and Livery Lib. D. and on the tenth of July the Lord Justice took the Castles of Mibraclide in Offerol and De-la-mare It seems he proceeded to invade O Birns Country with fifteen hundred Kerns or Irish Souldiers and the Consequence was that they betrayed him and half of them went over to the Enemy so that it had gone hard with the Lord Justice if the Power of Dublin had not been there and yet he escaped not without loss for John Derpatrick was there slain The next Year was probably more quiet 1411. for there is nothing recorded of it except some considerable Marriages amongst the Grandees On the tenth of April 1412. O Connor did much Mischief in Meath and took an hundred and forty English and O Tool and Thomas Fitz-Maurice Sheriss of Limerick kill'd each other in a Duel About this time the King granted the Town and Ferry of Inishonan Lib. G. to Philip de Barry and it is to be noted that almost in every Parliament holden in England during this Reign the danger of Ireland is remembred although very little was done for it because of the frequent Troubles in England and so we come to the 20th day of March on which the King died at the Abbot of Westminster's House in the fourteenâ—h Year of his Reign and of his Age the forty seventh He died so very poor that his Executors refused to administer and therefore the Archbishop of Canterbury who is Ordinary to the Court where-ever it is exposed the Kings Goods to Sale and King Henry the Fifth bought them for the value to be paid the Executors to be disposed of according to his Fathers Will Rolls Abr. 906. but it seems he never paid the Money for it was afterwards ordained in Parliament 4 Inst 335 that the Executors should not be sued by the Creditors The Bishop of Meath is said to have been Lord Justice about the Year 1402. But because I do find him omitted by others and do not find that he did any thing worth mention I have therefore not inserted him as Lord Justice in Order THE REIGN OF HENRY V. King of England c. And LORD of IRELAND HENRY the Fifth succeeded his Father without any opposition and all the Nobility taking it then for a Law that the Crown belonged to the Heir of him that died last seized swore Homage and Allegiance to him before Coronation 1412. which was not usual in those days but this Magnanimous Prince was so taken up with Designs against France that Ireland was but little regarded in his Reign For the present He continued in the Government Thomas 1413. Prior of Kilmainham who did not long remain therein before he surrendred unto Sir John Stanly Lord Lieutenant he Landed at Clantarf the 7th of October and on the 6th of January after died at Ardee whereupon on the 11th of February the Nobility elected Thomas Crawly Lord Justice He was twice Chancellor and then Archbishop of Dublin and was a Man of fingular Piety and Learning and it is to be noted That the Parliament sate at Dublin the 26th of February so that it could not have above fifteen days of Summons though the Day of the Lord Justice his Admittance to the Government and the Day of the Session be included the Irish burnt the Pale during this Parliament as they used to do and therefore a Tax or Tallage was demanded but not granted and so that Parliament was dissolved after it had sate fifteen Days However 1414. the valiant Jenico de Artois invaded the Territory of Macgenis but was so unfortunate to lose many of his Men at Inor whereupon the Irish grew so insolent that the Lord Justice was necessitated to go out in person However he went no farther than Castledermond and there entrusting the Army with the Military men he remained with his Clergy in Procession and at Prayers for the Success of his small Army and the Event answered his expectation for the English slew an hundred of the Irish near Kilkea but that small Victory was soon over-ballanced by a Defeat which the English of Meath received from O Connor on the 10th of May to the Loss of Tho. Maureverar Baron of Shrine and many others and to the imprisonment of Christopher Fleming and John Dardis This Loss discovered the necessity of sending a Martial Man to the Government of Ireland and therefore on the 10th day of September Sir John Talbot Lord Furnival Lord Lieutenant Landed at Dalkye and immediately made a Circular Progress round the Pale in warlike manner He began with the Birns Tools and Cavenaghs on the South and so passing to the O Moors O Connors and O Ferrals in the West and ending with the O Relyes Mac Mahons O Neals and O Hanlons in the North he brought them all to the Kings Peace but he brought no Forces with him out of England and therefore though he had Strength enough to
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
discourage the Transportation of Bullion the King shall have twelve Pence Custome out of every Ounce Upon his Return to England the Lord Lieutenant accused the Earl of Ormond of Treason Burlace 78. before the Duke of Bedford Constable of England in the Marshal's Couâ—t but the King abolished the Accusation Richard Talbot 1447. Archbishop of Dublin Lord Deputy he wrote a Tract de Abusu Regiminis Jacobi Comitis Ormondiae dum Hiberniae esset locum tenens Caâ—ton chron And it seems Thomas Fitz-Thomas Prior of Kilmainham was on the Archbishops side for he accused the Earl of Ormond of Treason and the Combat was appointed between them at Smithfield in London but the King did interpose and prevent it Hitherto the English had made but a bordering War in Ireland and that it self but very unluckily and the small Army that was kept on foot was ill paid and therefore more hurtful to the Subject by their Oppression than to the Enemy by their Valour so that it was necessary to send some great Man thither and no Body so fit for it as Richard Duke of York Earl of Vlster March Rutland and Cork Lord of Conagh Clare Trim and Meath for besides his Quality and Valour he had a great Estate in that Kingdom and it answered another Design of the Cardinal of Winchester who did then in effect govern England which was to remove this Duke from the Regency of France to make room for the Duke of Somerset and so he was made Lord Lieutenant of Ireland 1449. and landed at Hoath the fifth of July 1449. But the Duke of York who fathomed their Designs and had other Intrigues of his own would not accept of the Government of Ireland Davis 51. but upon very advantagious Conditions which were reduced to Writing by Indenture betwixt the King and him and are recorded by Act of Parliament in Ireland and were to this effect I. That he should be the King's Lieutenant in Ireland for ten Years II. That to support the Charge of that Country he should receive the whole Revenue certain and casual without Account III. That he should be supplied with Treasure out of England in this manner viz. four thousand Marks the first year whereof he should be imprested two thousand Pounds before-hand and for the other nine years he should receive two thousand Pounds per annum IV. That he might let the Kings Lands to Farm and place and displace all Officers at his Pleasure V. That he might Levy and Wage what Number of Souldiers he thought fit VI. That he might make a Deputy and return at his Pleasure I do not find that this Lord brought over any considerable Forces with him or that he was able to keep any such on foot here not only because his Allowance was but small but also because that small Allowance was ill paid as appears by his passionate Letter to his Brother-in Law the Earl of Salisbury which is to be found Registred by Mr. Campion pag. 99. At his first coming 1450. the Irish were very insolent but he won upon them strangely Lib. M. partly by force and partly by their own Art of Wheedling He held a Parliament at Dublin in October Friday before S. Lukes Day and the Bishops of Leighlin Ossory Down and Limerick were fined for not coming to it This Parliament Enacted many good Laws viz. 1. That no Marcher or other keep more Horsemen or Foot than they can maintain and will answer for and that they give in a List of their Names to the Sheriff c. 2. It suppresseth Coynees Rep. 11. Car. 1. c. 6. Cuddies and Night-suppers and well sets forth the Grievances of those Times 3. That the Accuser shall give Security to pay the Damages of the Defendant if the Impeachment be found untrue 4. That every man may kill Robbers and notorious Thieves and shall have a Penny out of every Plow-land and a Farthing from every Cottage for his Reward 5. That the great Officers of the Kingdom shall not give Protections to any other than their Menial Officers and Attendants This Lord Lieutenant also held another Parliament at Drogheda in April on Friday before S. Mark 's Day which Enacted 1. That if the Remembrancer issue Process against any body that is discharg'd on Record in the Exchequer he shall forfeit his Office and treble Damage 2. That the Chancellor Treasurer and Judges or one of them be present at all Commissions of Oyer and Terminer in the Counties of Dublin Kildare Meath and Vriel 3. That no body shall sell Liquor but by Sealed Measures It seems that some of these Statutes were occasioned by a doleful Letter sent from Cork which the Irish Historians place in the Reign of Henry the Fourth and yet direct it to the Earl of Rutland and Cork and therefore it will be more properly applied to this Time when he was Lord Lieutenant and follows in haec Verba IT may please your Wisdoms to have pity of us Camp 94. the Kings poor Subjects within the County of Cork or else we be cast away for ever for where there was in this County these Lords by Name besides Knights Esquires Gentlemen and Yeomen to a great number that might dispend yearly eight hundred pounds six hundred pounds four hundred pounds two hundred pounds one hundred pounds one hundred Marks twenty pounds twenty Marks ten pounds some more some less to a great number besides these Lords following First The Lord Marquess Carew his yearly Revenues were besides Dorsey-Haven and other Creeks two thousand two hundred pounds sterling The Lord Barnewale of Bear-haven his yearly Revenues were besides Bear-haven and other Creeks sixteen hundred pounds sterling The Lord Uggan of the great Castle his yearly Revenues were besides Havens and Creeks one thousand three hundred pounds sterling The Lord Balram of Emforle his yearly Revenues were besides Havens and Creeks one thousand three hundred pounds sterling The Lord Courcy of Kilbreton his yearly Revenues besides Havens and Creeks one thousand five hundred pounds sterling The Lord Mandevil of Barnhely his yearly Revenues besides Havens and Creeks one thousand two hundred pounds sterling The Lord Arundel of the Strand his yearly Revenues besides Havens and Creeks one thousand five hundred pounds sterling The Lord Baron of the Guard his yearly Revenues besides Havens and Creeks one thousand one hundred pounds sterling The Lord Sleynie of Baltimore his yearly Revenue besides Havens and Creekss eight hundred pounds sterling The Lord Roche of Pool Castle his yearly Revenues besides Havens and Creeks one thousand pounds sterling The Kings Majesty hath the Lands of the late young Barry by Forfeiture the yearly Revenues whereof besides two Rivers and Creeks and all other Casualties is one thousand eight hundred pounds sterling And at the end of this Parliament your Lordship with the Kings most Noble Counsel may come to Cork and call before you all these Lords and other Irishmen and bind them in
pain of loss of Life Lands and Goods that never any of them do make War upon another without Licence or Commandment of you my Lord Deputy and the Kings Council for the utter destruction of these parts is that only cause and once all the Irishmen and the Kings Enemies were driven into a great Vally called Glanehought betwixt two great Mountains called Maccorte or the Leprous Island and there they lived long and many years with their White-Meat till at the last these English Lords fell at variance among themselves and then the weakest part took certain Irishmen to take his part and so vanquished his Enemy and thus fell the English Lords at variance among themselves till the Irishmen were stronger than they and drave them away and now have the whole Country under them but that the Lord Roch the Lord Courcy and the Lord Barry only remain with the least part of their Ancestors Possessions and young Barry is there upon the Kings Portion paying his Grace never a penny of Rent wherefore We the Kings poor Subjects of the City of Cork Kinsale and Youghal desire your Lordship to send hither two good Justices to see this Matter ordered and some English Captains with twenty Englishmen that may be Captains over us all and we will rise with them to redress these Enormities all at our own Costs and if you do not we be all cast away and then farewel Munster for ever and if you will not come nor send we will send over to our Liege Lord the King and complain on you all However I will not pretend to be exact in the timing of this Letter This Lord Lieutenant had a Son born at Dublin well known afterwards by the Name of George Duke of Clarence to whom the Earls of Ormond and Desmond were Godfathers and thereupon Desmond grew so insolent and haughty that his Oppressions were the chief Cause of the aforesaid Letter from Cork but it is probable that the Lord Lieutenant return'd to England and left James Earl of Ormond afterward Earl of Wiltshire 1451. and Lord Treasurer of England Lord Deputy in whose time Sir John Talbot was made Lord Chancellor of Ireland and it seems Complaint was made against him because he put in a Deputy in his room absque Regis licentia Lib. CCC This Lord Deputy was made Lord Lieutenant and went for England leaving John Mey Archbishop of Armagh Lord Deputy 1453. wherewith the Government of England being dissatisfied a Writ was sent to the Earl of Ormond commanding him Quod circa praemissis intenderet I suppose the Reason might be because there was a Necessity for the Presence of a Military Governour of Power and Authority in that Kingdom to repel the daily Incursions of the Irish into the Pale and therefore Ormond not being willing to come over the Government was committed to Thomas Earl of Kildare 1454. Lord Deputy who held it only until the arrival of Sir Edward Fitz-Eustace Lord Deputy to the Duke of York Who held a Parliament in Dublin at which it was enacted I. That all Statutes against Provisors in England or Ireland should be held in Force II. That Inquests before Coroners shall be discharged after a second Verdict that they do not know the Felon III. That no Appeals shall be to England except for Treason against the King's Person and in all false Appeals the Plaintif shall pay Damages and twenty Pound and one hundred Shillings Fine In the mean time the Duke of York in England obtained a famous Victory over the King's Forces at S. Albans where the Duke of Somerset was slain and the King himself was wounded in the Neck and afterwards on the ninth of July he was made Protector of the King's Person by Parliament And in Ireland Thomas Earl of Kildare was Lord Deputy to the Duke of York 1455. and held a Parliament at Dublin wherein it was enacted I. That no Exigents nor Outlawries be made by Commissioners II. That the Recorder of Dublin and Drogheda shall have but two Pence for every Plaint III. That every Man shall answer for his Sons and waged Men. IV. An Act about Escheators V. That a Parliament should be held every Year And he held another Parliament at the Naas Lib. M. 48. Friday after All Saints which enacted I. That all Strangers pay forty Pence per Pound Custom for transporting Silver II. That every Man shall answer for his Sons except in Cases Capital III. That no Person not amesnable to Law shall distrain without Licence on pain of forfeiting his Title And he held another Parliament at Dublin Friday after the Purification at which it was established I. That Beneficed Persons should reside II. That the Inhabitants to enclose the Village might remove the High-way forty Perch Richard Duke of York 1459. upon the Revolt of Andrew Trollop and the Callicians broke up his Army and fled first to Wales and afterwards to Ireland where he was kindly received and by his Deputy the Earl of Kildare he held a Parliament at Dublin the third of February which enacted That Warrants to the Chancellor bear the Date of the Delivery and that the Patents be of the same Date or else be void And the same Day twelve month he held another Parliament at Drogheda 1460. wherein it was enacted That no Man should sue in the Exchequer but a Minister of that Court on pain of ten Pound This Duke and his Abettors were in a Parliament at Coventry declared Traytors and thereupon the Earl of March came to his Father into Ireland and soon after returned to Calice and thence invaded England at Sandwich and on the ninth of July he fought and defeated the King at Northampton and took him Prisoner whereupon the Duke of York went to England and called a Parliament in the King's Name and in that Parliament boldly claimed his Title and so it was enacted That King Henry should keep the Crown during his Life and the Duke should be declared Heir apparent and in case of Opposition or farther Bustle about it should have present Possession But not long after the Duke was defeated and slain at the Battle of Wakefield This Duke behaved himself exceeding well in Ireland he appeased the Tumults there and erected Castles on the Borders of Louth Meath and Kildare to stop the Irish Incursions and was so well esteemed in that Kingdom that Multitudes of the Irish Subjects attended him into England to pursue his Claim to the Crown Nevertheless the Publick Revenue was but very low because the whole Kingdom was in Possession of the Irish except the Pale and some few Places on the Sea-Coast in Vlster and even that was so far from being quiet that they were fain to buy their Peace by yearly Pensions to the Irish and to pay Tribute and Contributions to them for Protection which nevertheless was but very ill observed to the English It cannot be expected I should give the Reader an exact
List of all that did pay this scandalous Contribution Lib. P. 174. and yet I am not willing to conceal from him the Account I have met with which is as follows lib. The Barony of Lecale to O Neal of Clandeboy per annum 20 The County of Vriel to O Neal 40 The County of Meath to O Connor 60 The County of Kildare to O Connor 20 The King's Exchequer to Mac Morough 80 Marks The County of Wexford to Mac Morough 40 The Counties of Kilkenny and Typerary to O Carol 40 The County of Limerick to O Bâ—â—an 40 The County of Cork to Mac Carty of Muskry 40 And whilst the English were engaged in England the Irish advantaged themselves of the Opportunity and without Colour of Right usurped many considerable Estates as they had done before in the time of Richard II and these two Seasons set them so afloat that they could never since be cast out of their forceable Possessions holding by plain Wrong the most part of Vlster and upon very frivolous Pretences great Portions of Laâ—d in Munster and Connaugh And so we are come to the end of this unfortunate Reign which determined some Years before the King's Life for he did not dye until the twenty first Day of May 1472. And it must not be forgot That one of the Articles against this King was That by the Instigation of divers Lords about him he had wrote Letters to some of the Irish Enemy whereby they were encouraged to attempt the Conquest of the said Land of Ireland THE REIGN OF EDWARD IV. King of England c. And LORD of IRELAND EDWARD Earl of March 1460. Son and Heir of Richard Duke of York immediately after his Fathers Death at the Battle of Wakefield betook himself with all Diligence to gather an Army near Shrewsbury and having got twenty three thousand Men together on the second of February he defeated the Earls of Ormond and Pembrook near Mortimers-Cross and killed three thousand eight hundred of their Soldiers and although the Queen not long afterward defeated the Earl of Warwick at Bernard-Heath near S. Albans yet he wisely made slight of that Misfortune and without any Regard to it marched directly to London where on the fourth Day of March by vertue of the aforementioned Act of Parliament he was proclaimed King by the Name of Edward the Fourth He was as to his Person the goodliest Man of his Time and he was not less Valiant than beautiful On the twelfth of March he advanced against his Enemies and on Palm-Sunday with an Army of forty thousand and six hundred Men he encountred with sixty thousand and obtained so great a Victory that thirty six thousand seven hundred and seventy two of his Adversaries were slain And so being safe in his Throne 1461. he thought it time to put the Crown upon his Head which was solemnly performed on the twenty eighth Day of June In the mean time Thomas Earl of Kildare was on the thirtieth of April chosen Lord Justice by the Council of Ireland and continued so until Sir Rowland Fitz-Eusâ—ace 1462. Lord of Portlester and Treasurer was appointed Deputy to the Duke of Clarence He held a Parliament at Dublin Friday before S. Luke's Day which enacted That ten Pound per annum Davis 96. be received out of the Profits of the Courts to repair the Castle hall It seems that one William O Bolgir was made Denizen about this time Lib. G. and that on the fourth of May 1463. Robert Barnwal was made Baron of Trimlets-Town and it must not be forgot That the Earl of Ormond was beheaded at Newcastle and attainted by Parliament in Englaâ—d ◠〈◊〉 4. and that that noble Family was in Disgrace all this â—eâ—gn for their firm adhesion to the House of Lancaster This Lord Justice was long after this in a very old Age made Viscount Baltinglass by King Henry VIII and now was forced to resign to George Duke of Clarence the King's Brother who was made Lord Lieutenant for Life and deputed his Godfather Thomas Earl of Desmond Lib. M. Lord Deputy in whose time Mints were established at Dublin Trim Drogheda Waterford and Galway to coyn Groats two Penny pieces Pence Halfpence and Farthings And not long after it was ordered That English Mony should advance a fourth Part in Ireland viz. That an English Nine Pence should pass for a Shilling in Ireland and a Shilling for sixteen Pence and so proportionably And it seems the Gold Noble coyned in the time of Edward III. was inhanced higher than the rest for it was ordered to pass for ten Shillings And this was the first time any difference was made in the value of Mony between England and Ireland This Lord Justice held a Parliament at Weys Friday before S. Martin's Day 1463. which the Thursday after was adjourned to Waterford to be held the Monday following It was again on Saturday before the Feast of Edward the Confessor adjourned to Naas Irish Statutes 19. to be held Monday before S. Matthias Day and thence on the Friday after it met there it was adjourned to Dublin to be held Monday before S. David's Day and there on the Saturday after it was dissolved having first enacted I. That all Parliament Men should have Priviledge forty Days before and forty Days after every Sessions And II. That the Attorneys Fees be regulated And III. That clipped Mony should not be currant He held another Parliament at Trim 1465. on Wednesday after S. Lawrence his Day at which it was enacted I. That the like Challenge may be had against the Feofee as against cestuy que use II. That any Body may kill Thieves or Robbers Repealed 11 Car. 1 c. 6. or any Person going to rob or steal having no faithful Men of Good Name in English Apparel in their Company III. That the Irish within Pale shall wear English Habit take English Names and swear Allegiance upon pain of forfeiture of Goods IV. That English and Irish speaking English and living with the English shall have an English Bow and Arrows on pain of two Pence V. That there be a Constable and Butts in every Town And Lastly That no Foreign Vessels fish on the Rebels Coast on pain of Forfeiture And every one that fisheth on the Coast of the Pale to pay a Duty But this Lord Justice who was the greatest Man that ever was of his Family began now to decline in the King's Favour and was obliged to give place to John Lord Tiptoft 1467. Earl of Worcester Treasurer of England and Constable of England for Life Lord Deputy of Ireland he was one of the most learned and eloquent Men in Christendom and held a Parliament at Drogheda At which it was enacted I. That the Governour for the time being may pass into Islands II. That none shall purchase Bulls for Benefices from Rome under great Penalty III. That the King's Pardon to Provisors be void IV. That the
Portcorn that matter be likewise amended next Parliament VI. To Report to the Queen the Quality and Merit of those that have acted or suffered for her and the Quantity of the Reward fit to be given them out of the forfeited Lands and under what Covenants and Reservations and She thinks it better to give it to their younger Sons than themsevles to increase the number of Freeholders VII To the same Effect VIII To lessen or dissolve the Pensions and gratify the Parties with Portions of forfeited Lands certifying the Value and Condition of the same IX To grant no more Land to any Man than he shall be able to People X. To renew and observe the Directions to former Deputies in all things that are not contradicted hereby XI Because the Tenants of the Crown are disabled by the Rebellions of James Fitz-Morris and Desmond to pay their Arrears to let them have new Leases for the Remainder of the Terms at the old Rent the fourth Part of which shall be paid in Beeves at 9 s. a piece or Corn at the rate of Port-Corn and for the Arrearages to give Instalments or to remit part or all as you shall find requisite XII To resume by Act of Parliament or on Composition with the Parties the Demeasnes and Conveniences of Her Houses and Castles of Dublin Killmamham Athloan Caterlagh Leighlin Monasterevan c. and to annex them inseperably to the respective Castles or Houses by Act of Parliament reserving the Ancient Rent XIII To do the like by any of the forfeited Lands that lie convenient for those Castles c. XIV To preserve the Woods on any forfeited Lands near any Navigable River for her use XV. That no Man Ecclesiastical or Civil that has any Function or Office be suffer'd to be absent from his Charge above two Months without special License on pain of Forfeiture XVI To enquire with the Council what Outrages have been done since March the 25th 1583. and how redressed who of Quality are Loyal Disloyal or Suspected and to send Her an Account of the true Estate of every Province in that Realm XVII To inquire into all the Jurisdictions and Irish-Chieferies Exactions Cuttings and Spendings which the Attainted Rebels enjoyed that She may retain them or by relinquishing them manifest to Her Subjects the easiness of Her Government and their Happiness under it XVIII That Commissions do not issue for every trivial Concern and that the Allowance to Commissioners be not as great and burdensome as formerly XIX That the Establishment for Conaugh be lessened and that Richard Bingham be Chief Commissioner of Conaugh XX. To place John Norris Esquire President of Munster with the same Allowance your self had when President there XXI To make Thomas Jones Bishop of Meath Norris Bingham and Thomas L'Estrange Esquire of the Privy Council XXII To place such an Arch-Bishop at Armagh now void as you and the Council think fit XXIII To certify Quarterly the whole Expence in Ireland and what is sent hence and what is received there to defray it And afterwards additional Instructions were sent to him as followeth I. To endeavour to ease Her Majesties Charge in Victualling the Army Lib. C. by getting Victuals in Ireland and to save the charge and hazard of Transportation II. To consider how a College may be Erected and St. Patrick's Church and the Revenue thereof may be appropriated thereunto and every Diocess by Act of Parliament be made Contributary out of the Leases of Impropriations III. To Name some that may be made Lord Barons IV. In the next Parliament to revive the Impost which has been expir'd these two years V. To endeavour the getting in of the Debts due to Her Majesty VI. To Discharge such of the Pensioners or to Reward them in forfeited Lands as you shall think fit VII To Prefer the Ancient Officers and Soldiers before new Comers VIII To take off the Wards and Garison from Fernes and Iniscorthy and other unnecessary places IX To repair the Forts of Leix and Offaly at as small Charge as may be and to prevail with the Inhabitants of the Country for whose Defence they are made to provide Carriage and Labourers and to render an Account of the Condition of those Countries and the Causes of it X. To recompence Edward Waterhouse for the voluntary Surrender of his Patent for maintenance of Boats over the Sheuin such Entertainment as you and the Council shall think fit XI To suffer no Man that was in the late Rebellions of what Quality soever to keep any other Arms than Sword and Dagger XII To encourage the Loyal and protect the pardon'd People of Munster and send your best Advice how Munster may be Repeopled The Lord Deputy spent 18 days in close Consultation with the Privy Council who were the Arch-Bishop of Dublin Chancellor Earl of Ormond Treasurer the Bishops of Armagh Meath and Killmore Sir John Norris Lord President of Munster Sir Henry Wallop Treasurer of Wars Sir Nicholas Bagnall Knight Marshal Robert Gardener Chief Justice Sir Robert Dillon Chief Justice of Common Banc Sir Lucas Dillon Chief Baron Sir Nicholas White Master of the Rolls Sir Richard Bingham Chief Commissioner of Connaugh Sir Henry Cowley Sir Edward Waterhouse Sir Thomas L'Estrange Sir Edward Brabazon Jeffery Fenton Secretary of State Warham Saint Leger and Sir Valentine Brown And as soon as he understood the true State of the Kingdom and had laid down the Measures of his Government he issued a Proclamation of Oblivion and Indemnity and then he sent the Earl of Desmond's Son James into England On the 15th of July The Lord Deputy began his Progress and came to Molingar the 16th and thence sent a Cypher to the Lord Chancellor and Sir Henry Wallop to Dublin whereby they might easily Decipher and understand his Letters which would be unintelligible to the Rebels if they should happen to intercept them thence he proceeded to Connaugh where he endeavoured to reconcile all the great Men of that Country and put to Death Donogh beg O Bryan a bloody Murtherer in this Journey he converted Fryer Malachias a Malone Brother to Mac William Eughter and from Gallway he came to Limerick where he received the News that the Scots to the number of 1000. in favour of Surleboy had invaded Vlster and he also intercepted O Neals Fosterer returning out of Munster from exciting the Irish Lords and Gentlemen there to a new Rebellion but tho this Messenger upon Examination confessed his Errand yet he assured the Deputy that all those he had gone to refused to Rise as long as Sir John Perrot and the Earl of Ormond whom they deemed just Men continued in the Kingdom Hereupon the Deputy took Pledges from those he most suspected and leaving the County of Cork to the Justices Walsh and Miagh the Sheriff Sir William Stanley and the Lords Barry and Roch Limerick to the Provost Marshal Desmond to the Earl of Clancar 1584. Sir Owen O Sullevan and O Sullevan more
of March 1625 having in his Life-time created the Irish Nobility hereafter mentioned viz. February 23d 1603. Rory O Donell Earl of Tyrconnel February 23d 1615. Sir Arthur Chichester Baron of Belfast since Earl of Donegal July 14th 1616. Brabazon Baron of Ardee since Earl of Meath September 29th 1616. Sir Richard Boyle Baron of Yough-hall afterwards Earl of Corke May 25th 1617. Ridgeway Baron of Galenridgeway since Earl of London-Derry July 20th 1617. Moor Baron of Melefont since Earl of Drogheda Septemâ—er 6th 1617. Touchet Earl of Castlehaven and Baron Orior February 17th 1617. Lambert Baron of Cavan since Earl of Cavan Ibid. Bourk Baron of Brittas May 8th 1618. Hamilton Baron of Strabane January 31st 1618. Blunt Baron Mountjoy Ex. June 29th 1619. Mac Donald Viscount Dunlucâ— since Earl and Marquess of Antrim February 19th 1619. Sir Richard Wingfeild Viscount Powerscourt July 1620. Preston Earl of Desmond Viscount Dunmore Ex. May 1621. Dockwray Baron of Culmore Ex. Ibid. Blany Baron of Monaghan March 1st 1621. Henry Power Viscount Valentia Ex. Theo. Butler Viscount Tullagh THE REIGN OF CHARLES I. KING OF England Scotland France AND IRELAND CHARLES the only surviving Son of the Deceased King James 1625. by undoubted Right succeeded his Father in all his Dominions on the 27th day of March 1625 and was accordingly Proclaimed the same day and on the 23d day of June following he was Crowned at the Abby of Westminster with great Solemnity and as to Ireland HENRY Viscount FALKLAND was continued Lord Deputy and other inferior Officers likewise were confirmed in their respective Places but the Affairs of England being not a little out of Order the Irish took advantage thereof to be very high and insolent at home to which they were much encouraged by the Bull of Urban the 8th of the 30th of May 1626. to the English Catholicks exhorting them rather to loose their Lives then to take Noxium illud illicitum Anglicanae fidelitatis Juramentum 1626. quo non Solum id agitur ut fides Regi servetur P. W. Remonstrance 11. sed ut sacrum Universae Ecclesiae sceptrum eripatur Vicariis Dei Omnipotentis that pernicious and uâ—lawful Oath of Allegiance of England which his Predecessor of happy Memory Paul 5th had condemned as such Hereupon it was found necessary to increase the Army to the number of Five thousand Foot and Five hundred Horse the Charge whereof amounted unto 64240 l. 1 s. 2 d. which was more then the Kings Revenue out of which the Civil List was nevertheless to be paid so that it was necessary to find out some other Bund for the support of the Army and until that could be done the Lord Deputy and Council on the 14th of September by their Letters did recommend several Troops and Companies of the Army to the Counties and Towns of the Kingdom to be maintained for three Months and so from three Months to three Months until the last day of March 1628 and this whole Charge or Incumbrance on the Countrey was estimated at 36951 l. 6 s. 7 d. ½ and in the King's Letter of the 22d of September 1626. to raise this Army and that the Countrey should maintain it with Money Cloaths and Victuals his Majesty promises in lieu thereof to Grant certain Graces to the Countrey and particularly to suspend the Composition But the Gentlemen that were Agents from Ireland did to ease the Kingdom from that oppression offer to pay 40000 l. a Year for three Years in the nature of three Subsidies and to pay it quarterly from the first of April 1628. which was accepted of and the same was Paid accordingly until the first day of October 1629. On the 16th of May 1626. 1626. The King reciting a Complaint of Sir Samuel Smith's against the Lord Chancellor and that there was difference between the Lord Deputy and Chancellor 1. Because the Chancellor refused to Seal some Patents offered to him 2. Because he denied to appoint Judges for Circuits when thereunto required by the Deputy 3. Because he refused to appoint Justices of Peace at the Lord Deputies Nomination and made one Justice of the Peace against his Express prohibition to which the Lord Chancellor made Answer That in the first Case there was matter of Equity Convenience of State and Question in Law unresolved and that in the sesond Case he had directions in the time of King James and that in the third Case it was the Priviledge and Jurisdiction of his place Therefore the King orders That the Chancellor bear fitting respect to the Lord Deputy who is his Majesties Representative and as to the Matters in Debate if the Chancellor refuse to Seal any Patent in question for Reasons of State that the Cause be debated in Council and if then they think it fit and the Chancellor still refuses till he has appeal'd to his Majesty as he may it shall be at his Peril if the State suffer by his delay if the Question be in Law that the Judges decide it and if the Chancellor be not satisfied therewith he ought to appeal to the King for farther Directions and particularly about the Patent for Tanning Leather As to the Second if the Chancellor will not appoint Judges as the Lord Deputy desires that then it be refer'd to the Council-board and their Sentence be definitive as to that And as to the Third the Chancellor will not refuse to make any Man a Justice of the Peace recommended by the Lord Deputy if he does that then the Order of the Council-Table shall govern that Matter and in all these Cases it becomes the Chancellor to repair to the Deputy and acquaint him with his Reasons whenever he refuses And as for Sir Samuel Smith's Complaint his Case was that he had the sole Nomination of those that should be Licensed to Sell Aquavitae and did set that Priviledge to one Miagh for the County of Cork the King appoints the Chief Justice Chief Baron and Sir John King to Arbitrate that Matter and to make Reparation to Miagh whose Patent must be called in because he is an infamous Person and unfit for that Trust and a new Patent for that County must be Granted to whom Sir Samuel Smith shall name In the same Month of May the King sent an Order to the Lord Deputy to make a Lord High Steward c. for the Tryal of the Lord of Dunboyn by his Peers upon an Indictment found against him in the County of Typerary for killing a Man and in January after the Earl of Marleburgh Duke of Buckingham and the Lords of Pembrook Dorset Grandison Conway and Carlton and Sir Richard Weston were made Commissioners or rather a Committee for Irish Affairs And on the Eighth of February Edward Brabazon Baron of Ardee was ordered to be Earl of Catherlogh but for what Reasons I know not he had not that Title but was afterwards made Earl of Meath And on the Second of March his Majesty sent an Order
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
in this present Parliament assembled is graciously pleased that it may be Enacted And be it Enacted by the King 's most Excellent Majesty the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by Authority of the same That from and after the First day of this Session of Parliament it shall and may be lawful to and for all the Professors of the Roman Catholick Religion of what degree condition or quality to have use and enjoy the free and publick exercise and profession of the said Roman Catholick Religion and of their several and respective functions therein without incurring any Mulct or Penalty whatsoever or being subject to any restraint or incapacity concerning the same any Article or Clause Sentence or Provision in the said last mentioned Acts of Parliament or in any other Act or Acts of Parliament Ordinances Law or usage to the contrary or in any wise notwithstanding And be it also further Enacted That neither the said Statutes or any other Statute Acts or Ordinances hereafter made in Your Majesties Reign or in the Reign of any of Your Highnesses most Noble Progenitors or Ancestors and now of Force in this Kingdom nor all nor any Branch Article Clause and Sentence in them or any of them contained or specified shall be of force or validity in this Realm to extend to be construed or adjudged to extend in any wise to inquiet prejudice vex or molest the Professors of the said Roman Catholick Religion in their Persons Lands Hereditaments or Goods or any thing matter or cause whatsoever touching and concerning the free and publick use exercise and enjoyings of their said Religion function and profession And be it also further Enacted and Declared by the Authority aforesaid That Your Majesties Roman Catholick Subjects in the said Realm of Ireland from the first day of this Session of Parliament shall be and be taken deemed and adjudged capable of all Offices of Trust and Advancement Places Degrees and Dignities and perferment whatsoever within your said Realm of Ireland Any Acts Statutes Vsage or Law to the contrary notwithstanding And that other Acts shall be passed in the said Parliament according to the tenour of such Agreement or Concessions as herein are expressed and that in the mean time the said Roman Catholick Subjects and every of them shall enjoy the full benefit freedom and advantage of the said Agreement and Concessions and of every of them 5. It is Accorded Granted and Agreed by the said Earl for and in the bâ—â—â—lf of His Majesty His Heirs and Successors That his Excellency the Lord Marques of Ormond Lord Lieutenant of Ireland or any other or others Authorized or to be Authorized by His Majesty shall not disturb the professors of the Roman Catholick Religion in their present possession and continuance of the profession of their said Churches Jurisdiction or any other the matters aforesaid in these Articles agreed and condescended unto by the said Earl until His Majesties pleasure be signified for confirming and publishing the Grants and Agreements hereby Articled for and Condescended unto by the said Earl 6. And the said Earl of Glamorgan doth hereby engage His Majesty's Royal Word and Publick Faith unto all and singular the professors of the said Roman Catholick Religion within the said Kingdom of Ireland for the due observance and performance of all and every the Articles Grants and Clauses therein contained and the Concessions herein mentioned to be performed to them 7. It is Accorded and Argeed That the said publick Faith of the Kingdom shall be ingaged unto the said Earl by the said Commissioners of the said Confederate Catholicks for sending Ten thousand men to serve His Majesty by order and publick Declaration of the General Assembly now sitting And that the Supream Council of the said Confederate Catholicks shall engage themselves to bring the said number of Men Armed the one half with Musquets and the other half with Pikes unto any Port within this Realm at the Election of the said Earl and at such time as he shall appoint to be by him Shipped and Transported to serve His Majesty in England Wales or Scotland under the Command of the said Earl of Glamorgan as the Lord General of the said Army which Army is to be kept together in one intire Body and all other the Officers and Commanders of the said Army are to be named by the Supream Council of the said Confederate Catholicks or by such others as the General Assembly of the said Confederate Catholicks of this Kingdom shall intrust therewith In witness whereof the Parties to these Presents have hereunto interchangeably put their Hands and Seals the 25 th day of August 1645. Glamorgan Signed Sealed and Delivered in the Presence of John Somerset Jeffery Barron Robert Barry Articles of Agreement made and concluded upon by and between the Right Honourable Edward Earl of Glamorgan and in pursuance and by vertue of His Majesty's Authority under His Signet and Royal Signature bearing Date at Oxford the Twelfth day of March in the Twentieth Year of His Reign for and on the behalf of His Most Excellent Majesty of the one part and the Right Honourable Richard Lord Viscount Mountgarret Lord President of the Supream Council of the Confederate Catholicks of Ireland Donnogh Lord Viscount Muskerry Alex. M. Donnell and Nicholas Plunket Esquires Sir Robert Talbot Baronet Dermot O Brien John Dillon Patrick Darcy and Jeffery Browne Esquires for and on the behalf of His Majesty's Roman Catholick Subjects and the Catholick Clergy of Ireland of the other part 1. THE said Earl doth Grant Conclude and Agree on the behalf of His Majesty His Heirs and Successors to and with the said Richard Lord Viscount Mountgarret Donnogh Lord Viscount Muskerry Alex. Mac Donnell and Nicholas Plunket Esquires Sir Robert Talbot Baronet Dermot O Brien John Dillon Patrick Darcy and Jeffery Browne Esquires That the Roman Catholick Clergy of the said Kingdom shall and may from henceforth for ever hold and enjoy all such Lands Tenements Tyths and Hereâ—itaments whatsoever by them respectively enjoyed within this Kingdom or by them possessed at any time since the Three and twentieth of October 1641. And all other such Lands Tenements Tyths and Hereditaments belonging to the Clergy within this Kingdom other than such as are actually enjoyed by His Majesty's Protestant Clergy 2. It is Granted Concluded and Agreed on by the said Richard Lord Viscount Mountgarret c. on the behalf of the Confederate Roman Catholicks of Ireland that Two parts in Three parts to be divided of all the said Lands Tyths and Hereditaments whatsoever mentioned in the precedent Articles shall for Three Years next ensuing the Feast of Easter which shall be in the Year of our Lord God 1646. be disposed of and converted for and to the Use of His Majesty's Forces employed or to be employed in His Service and the other Third part to the Use of the said Clergy resepectively and so the like
disposition to be renewed from Three Years to Three Years by the said Clergy during the Wars 3. It is Accorded and Agreed by the said Earl of Galmorgan for and in the behalf of His Majesty His Heirs and Successors that his Excellency the Lord Marquess of Ormond Lord Lieutenant of Ireland or any other or others Authorized or to be Authorized by His Majsty shall not disturb the Professors of the Roman Catholick Religion in their present Possession of their Churches Lands Tenements Tyths Hereditaments Jurisdiction or any other the matters aforesaid in these Articles agreed and condescended to by the said Earl until His Majesty's pleasure be signified for confirming and publishing the Grants herein Articled for and condescended unto by the said Earl 4. It is Accorded Granted and Agreed by the said Earl for and in the behalf of His Majesty His Heirs and Successors that an Act shall be Passed in the next Parliament to be held in this Kingdom acccording to the Tenour of such Agreements or Concessions as herein are expressed and that in the mean time the said Clergy shall enjoy the full benefit freedom and advantage of the said Agreements and Concessions and every of them And the said Earl of Galmorgan doth hereby engage His Majesty's Royal Word and Publick Faith unto the said Lord Viscount Mountgarret and the rest of the said Commissioners for the due Observance and Performance of all and every the Articles Agreements and Concessions herein contained and mentioned to be performed to the said Roman Catholick Clergy and every of them In Witness whereof the Parties to these Presents have hereunto interchageably put their Hands and Seals the 25 th day of August Anno Dom. 1645. Glamorgan Signed Sealed and Dilivered in the presence of Glamorgan John Summerset Jeffery Barron Robert Barry Whereas in these Articles touching the Clergy Livings the Right Honourable the Earl of Glamorgan is obliged in His Majesty's behalf to secure the Concessions in these Articles by Act of Parliament We holding that manner of securing those Grants as to the Clergy Livings to prove more difficult and prejudicial to His Majesty than by doing thereof and securing those Concessions otherwise as to the said Livings the said Earl undertaking and promising in the behalf of His Majesty His Heirs and Successors as hereby he doth undertake to settle the said Concessions and secure them to the Clergy and their respective Successors in another secure way other than by Parliament at present till a fit opportunity be offered for securing the same do agree and condescend thereunto And this Instrument by his Lordship Signed was before the perfecting thereof intended to that purpose as to the said Livings to which purpose We have mutually Signed this Endorsement And it is further intended that the Catholick Clergy shall not be interrupted by Parliament or otherwise as to the said Livings Contrary to the meaning of these Articles Glamorgan I Edward Earl of Glamorgan do Protest and Swear Faithfully to acquaint the Kings most Excellent Majesty with the proceedings of this Kingdom in Order to His Service and to the indearment of this Nation and punctual performance of what I have as Authoriseed by His Majesty obliged my self to see performed and in default not to permit the Army intrusted into my Charge to adventure it self or any considerable part thereof until Conditions from His Majesty and by His Majesty be performed Glamorgan The Defezance to the Earl of Glamorgan KNOW all Men by these Presents That whereas We the Right Honourable Richard Lord Viscount Mountgarret Donnogh Lord viscount Muskerry Alexander Mac Donnel Nicholas Plunket Esquires Sir Robert Talbot Baronet Dermot O Brien John Dillon Patrick Darcy and Jeffery Brown Esquires appointed by the Confederate Catholicks of Ireland to treat and conclude with the Right Honourable Edward Earl of Glamorgan for and in behalf of His most Excellent Majesty our dread Sovereign King Charles And having treated and concluded with the said Earl of Glamorgan as by the Articles of Agreement to which we have interchangealy set our Hands and Seals more at lage appeareth Yet it is to be understood that by the said Agreement the Right Honourable Edward Earl of Glamorgan doth no way intend to oblige His Excellent Majesty other than he himself shall please after he hath received these Ten thousand Men being a Pledge and Testimony of our Loyalty and Fidelity to His Majesty yet the said Earl of Glamorgan doth Faithfully promise upon his Word and Honour not to acquaint His most Excellent Majesty with this Defesance until his Lordship hath endeavour'd as far as in him lies to induce His Majesty to the granting of the particulars in the said Articles of Agreement but that done according to the Trust we repose in our very good Lord the Earl of Glamorgan We the said Richard Lord Viscount Mountgarret c. and every of Us for and in the behalf of the Confederate Catholicks of Ireland who have intrusted Us do discharge the said Earl of Glamorgan both in Honour and Conscience of any further ingagement to Us herein though His Majesty be not pleased to grant the said Particulars in the Articles of Agreement mentioned and this we are induced to do by the particular Trust and Confidence the said Earl of Glamorgan hath reposed in Us for the draught of the Act of Parliament inserted within the Articles of our Agreement We assuring upon our Words and Honours that it is the most moderate of Three which we brought up for the Assent of the Right Honourable the Lord Marquess of Ormond Lord Lieutenant of Ireland his Excellency and without which we cannot be satisfied and we are also induced hereunto in regard the said Earl of Glamorgan hath given us Assurance upon his Word and Honour and upon a voluntary Oath of his that he would never to any Person whatsoever discover the Defezance in the interim without our consents And in confidence thereof We have hereunto set our Hands and Seals the 26 th day of August Anno Dom. 1645. Glamorgan Signed Sealed and Delivered in the Presence of the Lord John Somerset who knew nothing of the Contents thereof F. Oliver Darcy Peter Bath Appen XXVIII His Majesties Letter about the Earl of Glamorgan's Peace Right Trusty c. We greet you well WE have seen and considered the dispatch directed from you and our Council there to our Trusty and Well-beloved Counsellor Sir Edward Nicholas one of our Privy Council of State concerning the Earl of Glamorgan's Accusation and your Proceedings thereupon and as we could not receive the one without extraordinary amazement that any mans folly and presumption could carry him to such a degree of abusing our trust how little soever so we could not but be very sensible of the great affection and zeal to our service which you have expressed in putting our honour so highly traduced into so speedy and effectual way of Vindication by the proceeding against the said Earl of Glamorgan and though we
Soldier because he had English Bisket in his Pocket Sullevan 67 O Sullevan tels us that from 1168. to the Apostacy of Henry VIII the English though Catholicks by continual Tyranny and Rapine destroyed the Discipline of Church and State and fol. 67. that the English were Irreligious Inconstant and Heretical being in Dioclesian's Persecution Apostates afterwards Arians then Pelagians then Heathens then Idolaters then Murderers of S. Thomas of Becket and then Protestants in a Word wherever they dare do it they do not spare to asperse the English Nation and Government with most Malicious and Opprobrious Accusations and whoever considers That the Bishop of Clogher did so purge his Ulster-Army that he would not suffer any Papist to be in it that was of English Extraction and the Advice of Mr. Mahony in his Disputatio Apologetica Not to make a Priest of English Race nor to trust any that are so Whoever I say considers this and the true Reasons of it will easily be convinced That the Old English and the Old Irish will one Time or other split upon the old indelible National Antipathy As to the second viz. Interest it concerns the Irish and the Old English both of which have Inteterests incompatible with the New English For when the English Lords usurped Irish Arbitrary Power as aforesaid and the Commons being made Vassals to their Lords and holding their Properties but precariously fell naturally into Licentiousness to the Ruine of the Commonwealth The Duke of Clarence in the Reign of Edward III thought to cure this Malady by resuming those Palatinate Jurisdictions and other great Priviledges those English Lords had so enlarged and abused whereupon the Earl of Desmond broached the distinction between the English of Blood and the English of Birth and the former did not only confederate together but also brought in the Irish to their Assistance and Gosip'd Foster'd Married and Incorporated with them so that the Government was obliged to relax their intended Severity and to let these old Englishmen lord it as they pleased till a better Opportunity should be offered for the intended Resumption However from henceforward the Old English and Irish kept a Correspondence and upon the Reformation became more firmly united by the common tye of Religion and under Pretence of defending Religion and their usurped Jurisdictions they were found together in many Rebellions and their Estates confiscated and given to the new English so that they are united in a common Interest to recover their forfeited Estates if they can and when that is done the Irish have their particular Interest apart to recover their old Estates from the first Conquerors or Intruders As for the third viz. Religion I need not explain the Irreconcilable Antipathy that is between the Roman Catholick Religion and Heresie or between true Religion and Idolatry the Differences of Nation and Interest may be suspended lessned ay buried and annihilated but there is no Reconciliation to be made between God and Mammon This great concern has so silenced all the rest that at this Day we know no difference of Nation but what is expressed by Papist and Protestant if the most Ancient Natural Irish-Man be a Protestant no Man takes him for other than an English-Man and if a Cockny be a Papist he is reckoned in Ireland as much an Irish-man as if he was born on Slevelogher the Earls of Insiquin and Castlehaven are Examples hereof the one being of the best and ancientest Family in Ireland was yet the beloved General of an English Army and the other being the second Baron of England was Commander of the Irish Forces There is also another Difference in Religion between the Episcoparians and the Dissenters which last are branched into several Sects but it is not at all or very little taken notice of in Ireland because they do really manage this Affair more prudently than some other more celebrated Nations and sacrifice these petty Fewds to the common Interest of opposing Popery And that these Distinctions may appear to be neither trivial nor meerly Notional it will be necessary to give Instances of these several Factions in the late Irish Wars and first there was an Army of all meer Irish not an English Papist among them commanded by the Bishop of Clogher and another of meer English all Papists under General Preston And secondly There was an Army of Old English and Irish under the Lords Mountgarrat Taaf c. and an Army of New English commanded by the Earls of Ormond Insiquin c. And thirdly there was an Army of Papists under the Nuntio and an Army of Protestants commanded by the Marquess of Ormond But how stand these great Differences at this Day Why truly worse than ever for as to the first Whereas the Old English were heretofore on the British side in all National Quarrels they are now so infatuated and degenerated that they do not only take part with the Irish but call themselves Natives in distinction from the New English against whom they are at present as inveterate as the Original Irish though perhaps Time may open their Eyes and rectifie that Error And as to the Second whereas at Queen Elizabeth's Death the Protestants had not above a fourth part of the Kingdom the Escheats in Ulster in King James his time and the Act of Settlement since has given them two fourths more so that now they have three Quarters of the whole and thereby more Irish are disobliged than were formerly and their Loss is greater and consequently their Interest to regain it is larger and more pressing than it was in former Times As to the third viz. Religion it 's certain the Papists were never so enraged at the Northern Pestilent Heresie as of late they have been and the Folly Insolence and Cruelty of these last seven Years has justly rendred Popery more odious than ever to the Protestants But was there no way to secure Ireland without Sanguinary Laws and Inhuman Persecutions Yes sure if People would in time have set themselves to repair the State of Ireland as the Jews under Nehemiah did to re-edifie the Walls of Jerusalem viz. every one build over against his own House the Matter had been easily and quietly accomplished for the formidable Bulk of Irish Papists were for the most part Servants or Tenants to Protestants and of their breeding up and if the English would have sacrificed a little sordid Profit to the Publick Good and have countenanced and indulged Protestant Servants and Tenants instead of Papists a very few Years would have put themselves and their Religion out of Danger But at this Day the Provocations are carried so high and the Irish have abused the English to that degree of Barbarity and Ingratitude that it will be hard to perswade the Protestants to trust them again or to live neighbourly with the many more Nevertheless since Extirpations are Cruelty in the Abstract and odious to Human Nature there must be a Method found out to
Ophaly till he made him consent to accept of worse situated Land in lieu of it He made his Nephew Walter Almain a corrupt beggarly Fellow says Cambrensis Seneschal of Wexford and Waterford who received Bribes from Mac Morough of Kensile to prejudice the Fitz-Geralds and so Mercenary was Fitz-Adelm himself that the Irish flock'd unto him as to a Fair to buy their Demands At last having neither done Honour to the King nor Good to the Country he was revok'd and in his Room the King appointed Hugh de Lacy 1179. Lord Justice of Ireland to whom Robert le Poer the King's Marshal Governour of Waterford and Wexford was made Coadjutor Counsellor or assistant The King Lib. G. Lamb. at a Parliament held at Oxford anno 1177 had given the Kingdom of Cork The Patent from the River next Lismore running between that and Cork i.e. the River Bride to Knock-Brandon near the Shenin and so to the Sea unto Cogan and Fitz-Stephens Tenendum of him and his Son John per sexaginta feoda militaria except the City of Cork and the Cantred adjoyning which was the Eastmens He also gave the Kingdom of Limerick to the Brothers and Nephew of Richard Earl of Cornwal but they finding they could not get Possession in a little Time surrendred their unprofitable Grant Whereupon the King bestowed it upon Philip de Broase to be held of the King and his Son John by sixty Knights Fees and the City and a Cantred adjoyning were likewise excepted out of this Grant These three Adventurers joyned their Forces together and came to Waterford in November and so coasted it to Cork where they were kindly received by Richard de Londres the Governour Cogan and Fitz-Stephens agreed with Mac Carthy and the Irish Gentry That they should hold four and twenty Cantreds paying a small yearly Rent and of the seven Cantreds near Cork Cogan had the four Southern and Fitz-Stephens the three that were on the East-side of the City The Kingdom of Cork being thus setled they marched with Broase to Limerick with sixty Gentlemen one hundred and fifty Horse and a smart Party of Foot As soon as the Citizens perceived them they set the Town on Fire at which desperate Barbarity Broase was so offended that he could not be prevailed upon by any Arguments to settle there or to have any thing to do with such Rash and Heathenish People and therefore they returned to Cork which for some Time after Cogan and Fitz-Stephens joyntly and happily governed This Kingdom of Cork descended to Daughters Hooker 46. Hanmer 158. Brady 369. and so came by Marriage to Robert de Carew and Patrick de Courcy about the twentieth Year of the Reign of Henry III. Courcy's part of it was afterwards subdvided among many Daughters who were Heirs General of that Family so that a very small Proportion of it remains with the Heir-Male of that Name who was anciently Baron of Ringrone but now has the Title of Lord Baron of Kingsale As for the Carews they were Marquesses of Cork and built the Castles of Ardtully Dunkeran and Down Marque but they removed out of Ireland in the Time of the Civil Wars between York and Lancaster and others intruded into their Possessions and Estate and keep them to this Day except what they have sold or forfeited About this Time Sir Thomas de Clare obtained a Grant of Thomond Davis 122. as Otho de Grandison did of Typerary and Robert le Poer of Waterford and William Fitz-Adelm also got a large Proportion of Connaugh But it is time to return to the valiant John de Courcy Brady 368. who was engaged in Vriel on this Occasion he had sent into England for Victuals Ammunition and other Necessaries the Ship by Stress of Weather was driven into a Creek called Torshead O Hanlon and his Followers immediately came on Board the Vessel and murdered all that were in it and seized on the Cargo As soon as Courcy had Notice of this Misfortune he drew his Men together being above a thousand and marched towards the Newry on the Way he received Advice That the Irish were encamped near Dundalk in a great Body to the Number of seven thousand Courcy sent a Fryer to them and instructed him to tell them That there were great Forces arrived at Drogheda from England and that they were very near them and to justifie this Story the English did march with the greatest Shew and Appearance they could make and made a great Shout wherewith the Enemy was so daunted that they fled towards the River in great Confusion but the Tide being in many were drowned and more were slain However O Hanlon and the greatest part of his Army got over the River but the Frier guided the English over a Ford so that they came to a second Encounter wherein the Irish were so desperate That the English Foot were forced to retire but the Valiant Sir Armorick came in seasonably to their Rescue and persuaded them to rally and to make another Charge which they performed so briskly that the Irish were obliged to withdraw to the Fews as the English also did to Dundalk neither Party much boasting of the Victory because the Slaughter was great on both sides About this time two Cardinals come to England to invite the English and Irish Bishops to the Council of Lateran There went from hence Lawrence Archbishop of Dublin Catholicus Archbishop of Tuam and others but all of them first swore Not to procure any Damage to the King or his Dominions Sullevan Which Oath Lawrence did not very religiously observe for he not only spoke vehemently in the Council against the King's Administration of Affairs in Ireland but as the Irish say he obtained a Bull of Revocation from the Pope annulling the former Bulls granted to the King But this is not probable because no such Bull is extant and if there were it would be void but it is certain he was an inveterate Enemy to the English and gave them all the Opposition and Disquiet he could However he was reputed a very Holy Man being zealously addicted to the Superstitious Devotion Hanmer 163. so that he was canonized by Pope Honorius III. This is recorded of him That he was so grateful to the See of Rome for his Pall or so great an abhorrer of Immodesty that he refused to absolve the Priests convicted of that Sin insomuch that he sent one hundred and forty of them to Rome to pay for their Absolution there But it is time to return to the Lord Justice Lacy who govern'd very well and built many Castles in convenient Places and particularly Castle-Dermond Leighlin Leix Delvin 1180. Carlow Tullaghphelim and Kilka and Courcy was no less diligent in raising that kind of Fortification in Vlster However Lacy had given just Cause of Jealousie by marrying the Daughter of Rotherick King of Connaught whereupon his Enemis impeached him suggesting that he confederated with the Irish
under the Notion of Thieves or Tories Neither was Munster free from the like Calamity for it felt the heavy hand of Walter le Poer who burnt and wasted great part of it Davis 93. Nevertheless the Justices in Eyre sate this Year at Tredagh And it seems that in those days as well Common Pleas as those of the Crown were tried before the chief Governor for I find this Entry 32 Ed. 1. A die S. Martini in quindecim dies de Commun Placit apud Dublin coram Johanne Wogan Justiciar Lib. G. Lambeth Hiberniae and sometimes they did it by Commissioners as 6 Ed. 2. Coram Waltero de Thornbury Cancellario Willielmo Alexander assignatis loco Edmondi le Butler Custode Terrae Hiberniae alibi in remotis agendis John Wogan Lord Justice 1302. being return'd call'd a Parliament the Effects whereof I find not but on the 17th of January issued a Commission to Richard Earl of Vlster the Lord Justice and Tho. Cantock Lord Chancellor to ask a Subsidy from the Clergy pro salvatione Coronae suae c. And the King wrote particular Letters to them but all to no purpose Nevertheless Pope Boniface would not be so served for he obtain'd or exacted from them a three years Disme to aid the Church against the King of Aragon The Lord Edmond Butler recovered the Mannor of Holywood in Fingal from the Archbishop of Dublin by Fine or Concord between them in the Kings Bench says Cambden and the same Archbishop took great pains to reconcile the two Churches of St. Patrick's and Christ-Church in Dublin Ware de Presul 110. and made Articles between them which were not observed in the mean time Says an 1300. Hugh de Lacy preyed the Estate of Hugh Verneil I suppose for some private Injuries Richard Burk 1303. Earl of Vlster accompanied with Eustace le Poer and a good Army went to aid the King in Scotland and the Earl made thirty three Knights in the Castle of Dublin before he set out and it is observable that in all Commissions and even in the Parliament-Rolls this Earl is always named before the Lord Justice This Year died Gerald 1304. eldest Son of the Lord John Fitz-Thomas as also the Countess of Vlster and William de Wellesby and Sir Robert Percival were slain in October also an Order issued to pardon Maurice de Carew Four hundred pound Arrearages he owed the King for his Lands in Desmond Lib. F. Lambeth because he was serving the King in Scotland and now again was a great part of Dublin accidentally burnt The next Year produced abundance of Villany 1305. for Jordan Comin with his Complices murdered Mortagh O Connor King of Ophaly and Calwagh his Brother and some others at Pirece Brimingham's House in Carbry in the County of Kildare and some Irish-men did the like by Sir Gilber Sutton Seneschal of Wexford at the House of Heymond le Grace and Heymond himself had much ado to escape and this year there was an Inquest of Trailbaston It seems the Mayor of Dublin had made some Complaints to the Irish Parliament against the Treasurer and Barons of the Exchequer 4 Inst 350. which was adjourned or transmitted to England and the Mayor was committed to the Tower and fined because he could not make out his Acusation The Year 1306. 1306. was not less bloody than the former for on the 13th of April the O Dempsyes made great Slaughter of the O Connors near Geashil in Ophaly and O Dempsy Captain of the Regans was there slain Soon after which O Bryan King of Thomond was murdered and Daniel Oge Mac Carthy did as much for his Father Donald Roe King of Desmond to which we may add that Pierce Brimingham was defeated in Meath May 12 and Ballymore was burnt by the Irish and Henry Celse was there kill'd Hereupon great Wars ensued and the English were summoned out of other Provinces to the Relief of Leinster they had a notable Battel at Clenfel where Sir Thomas Mandeville fought valiantly till his Horse was kill'd under him but what the Event of the Battel was is not recorded About this time Thomas Cantock Chancellor being consecrated Bishop of Emly made the greatest Feast for poor and rich that ever was seen in Ireland to that day This Year Murchod Ballagh was beheaded near to Merton 1307. by Sir David Canton or Condon who was afterwards hang'd for it in Dublin anno 1309. And on the first of May the Oscheles perhaps O Kellyes in Connaught routed and slew many Englishmen and the Tories of Ophaly razed the Castle of Geashil and on the 6th of July burnt the Town of Ley and besieged the Castle but at length they were dispersed by John Fitz-Thomas and his Son-in-Law Edmond le Butler In the mean time on the 7th of July this Noble and Victorious King died of a Dysentery at Barough upon the Sand in the five and thirthieth year of his Reign and of his Age the sixty eighth THE REIGN OF EDWARD II. King of England c. And LORD of IRELAND EDWARD the Second stiled of Carnarvan 1307. the Place of his Birth began his Reign on the seventh Day of July 1307. with great Applause both of Nobility and People but he soon disappointed their good Expectations and not only recalled Gaveston contrary to his Fathers Express and Last Commands but also gave him the thirty two thousand Pound which his Father had specially appointed for the Holy War Baker 109. moreover he went to Bulloign and married Isabel Daughter of Philip the Fair King of France on the twenty second Day of January 1307 without any Portion in Mony And on the twenty fourth Day of February both he and she were crowned at Westminster by Henry Bishop of Winchester with exceeding Pomp. As to the Affairs of Ireland they were little regarded at this time so that there were small or no Alterations in that Government and Sir John Wogan still continued Lord Justice and in Decem. received an Order to suppress the Knights Templars which was effectually executed here on the third Day of February as it had been in England the seventeenth Day of January before Cambden 165. so that the King got four hundred Pounds Worth of their Goods which it seems was a great Sum in those Days This Year proved very unfortunate as well by the Death of the famous Peter de Breminghan on the twelfth of April as by the Rebellious Disturbances of the Irish amongst whom William mac Balthar was most active for he and his Complices burnt the Castle of Kenun on the eleventh of May and slew most of the Ward they also burnt the Town of Courcowly and on the sixth of June discomfited the Lord Justice near Glandelory where John de S. Hogeline John Norton and John Breton were slain and being elevated with this Success on the sixteenth of June they burnt Tobir Danlavan and many other Villages But the Lord
Deputy who held that Place and discharg'd it worthily until Sir Thomas Rokeby 1353. Lord Justice returned he brought with him ten men at Arms and twenty Archers which were allowed him by the King over and above the ordinary Retinue of twenty Men. About this time lived Sir Robert Savage a very considerable Gentleman in Vlster who began to fortifie his dwelling House with strong Walls and Bulwarks but his Son derided the Fathers Providence and Caution affirming that a Castle of Bones was better than a Castle of Stones and thereupon the old Gentleman put a stop to his Building It hapned that this brave Man with his Neighbors and Followers were to set out against a numerous Rabble of Irish that had made Incursions into their Territories And he gave Orders to provide plenty of good Cheer against his return but one of the Company reprov'd him for doing so alledging that he could not tell but the Enemy might eat what he should provide to whom the valiant old Gentleman replied That he hoped better from their Courage Camb. 193. but that if it should happen that his very Enemies should come to his House he should be asham'd if they should find it void of good Cheer The Event was suitable to the Bravery of the Undertaking Old Savage had the killing of three thousand of the Irish near Antrim and return'd joyfully home to Supper But let us return to the Lord Justice of whom it is recorded that he us'd to say That he would rather eat his Meat in wooden Dishes and pay Gold and Silver for it than to eat in Golden Dishes and make wooden Payment However on the 20th day of July 1355. he did resign to Maurice Fitz-Girald 1355. Earl of Desmond Lord Justice he obtained so much favour in England Lib. M. that he had this Office granted to him for Life which expired the 25th day of January he was so just a man that he spared not his very Relations when they were criminal And about this time the Barons of the Exchequer were reduced to Three Lib. CCC 10. 29 Ed. 3. and John de Pembrook Chancellor of the Exchequer was made the third Baron Sir Thomas Rokeby 1356. Lord Justice returned again to Ireland and held a Parliament at Kilkenny at which many good Laws were enacted In his time a Memorable Writ was sent to the Lord Justice and Chancellor reciting That whereas the Subject found great difficulty to get Restitution according to Law of such Lands as were at any time seized into the Kings Hands Prin. 286. 29 Ed. 3. And whereas they refused in Parliaments here to take cognizance of erronious Proceedings in the Kings Courts but put the Subject to the trouble and charge of prosecuting a Writ of Error in England the King orders amendment and Reformation in both those Cases And not long after this worthy Lord Justice died at the Castle of Kilkea and was succeeded by Almaricus de Sancto Amando 1337. Lord Justice in whose time a great Controversie happened between the Archbishop of Armagh and the Regulars but at length by the favour of the Pope the Friers got the better of the Bishop To this Lord Justice the King sent a Writ or Commission Prin 294. authorizing him with the Advice of the Chancellor and Treasurer to give a special Pardon to as many English or Irish as he shall think fit for all Crimes except Treason Moreover for the better instruction of the People and because of the Non-residence of their Pastors Ibid. the King by his Sovereign Ecclesiastical Jurisdiction Authoriz'd and Licenc'd the Archbishop of Dublin to constitute perpetual Vicars in all Benefices and Prebendaries belonging to his Archbishoprick and of the Kings Patronage with certain proportions of greater and lesser Tithes and other Profits to those who should reside upon them But which was more than all this the King by advice of his Council made most excellent Ordinances in England for the better Government of the Church and State of Ireland and the maintenance of the good Laws and Statutes of England there established they are to be found at large in Prins Animadversions on the 4th Instit pag. 287. and therefore are omitted here being very long though also very good only this must be observed that the Clause formerly quoted ad annum 1344 out of the 4th Instit is by my Lord Cooke mistaken both as to Time and Form as to the Time it was not 17 Edw. 3. as he says but it was 31 Edw. 3. And as to the Form it is thus VOlumus praecipimus quod Nostra ipsius terrae Negotiâ—a praesertim majora ardua in Conciliis per peritos Conciliarios nostros ac Praelatos Magnates quosdam de discretioribus probioribus hominibus de partibus vicinis ubi ipsa Concilia teneri contigerit propter hoc evocandos In Parliamentis vero per ipsos Conciliarios nostros ac Praelatos Proceres aliosque de Terra praedict prout Mos exigit secundum Justitiam Legem Consuetudinem Rationem tractentur c. But to return James 1359. Earl of Ormond Lord Justice was commonly stiled The Noble Earl because he was of the Royal Blood being great Grand-son to King Edward the first In his time 34 Edw. 3. the King ordered Proclamation to be made in Ireland That no Meer Irishman should be Mayor Bayliff or Officer of any Town within the English Dominion i.e. the Pale nor be advanced to any Ecclesiasâ—â—cal Benefice or Promotion 35 Edw. 3. but the next Year the King by his Writ explains the former Proclamation Pryn 296. and orders that it shall not extend to any Irish Clerks who have done him Service or are Loyal to him But it seems that the Lord Justice was sent for into England and until his Return Maurice Fitz-Girald March 30. Earl of Kildare was constituted Lord Justice 1360. by Patent under the Great Seal of Ireland he was to have the usual Sallary of five hundred pound per annum maintaining thereout Ninteen Horsemen besides himself but he did not continue long in this Station before James Earl of Ormond March 15. Lord Justice return'd and the King intending to send his Son to Ireland 1357. with a good Force summoned the Duchess of Norfolk and all other Noble and Gentle Men and Women that held Lands in Ireland to appear in Person or by Proxy 4 Instit. Pryn 296. before him and his Council to advise concerning the Defence of Ireland and to repair to that Kingdom in Person with all the Forces they could raise by a certain Day or to send their sufficient Deputies to assist the Kings Son in Defence of the Country And the same Day issued a Writ or Proclamation prohibiting the transporting of any Corn or Victuals out of Ireland on pain of Forfeiture and another Proclamation or Writ to seize all the Lands or Tenements purchased
Ireland they proceeded to crown this Impostor at Christ-Church in Dublin with a Crown which they took from the Statue of the Virgin Mary in S. Mary-Abby and this Ceremony was rendred more solemn by a Sermon preached by the Bishop of Meath on the occasion and by the Attendance of the Lord Deputy the Chancellor Treasurer and other the great Officers of State And after he was crowned they carried him in Triumph upon the Shoulders of Great Darcy of Platten But the good Archbishop of Armagh refused to be present at this ridiculous Pageantry for which they gave him all the Trouble they could But it seems they were conscious of their Misdemeanour in this Matter and they knew how to purchase Absolution and therefore they called a Parliament or Assembly in the Name of their new King and the Clergy gave the Pope a Subsidy to absolve them So eager were these People to follow the Fortunes of this Mock-King that Thomas Fitz-Girald resigned the Chancellorship to the Lord of Portlester the better to be at liberty and so together they went for England and landed in Lancashire where Sir Thomas Broughton and his Party joyned them they marched through Yorkshire to Newark and being stopt there they turned aside to Notinghamshire and near the Village of Stoke 1487. on the the eleventh of June after a desperate Fight for three Hours they were totally defeated and all the Commanders and four thousand Soldiers slain and Lambert and his Master Symon were taken Prisoners and the latter was imprisoned and the former made one of the King's Falconers In December James Fitz-Thomas Decemb. 7. Earl of Desmond in the twenty eighth Year of his Age was murdered at Rakele by his Servant Shane Maunta and others who were all taken and executed for it by Maurice his Brother and Successor in that Earldom The Earl of Kildare and the other Ministers of State that were Faulty sent Messengers to the King to implore his Pardon which after some exprobration and reprimand was obtained and he was still continued in his Office of Lord Deputy Ware 14 And the same Year the Inconveniences of Sanctuaries were somewhat lessned by the Pope's Bull for the better Regulation of them It seems strange That hitherto the King did not send any Soldiers into Ireland to suppress the remainder of the Faction of York perhaps he knew That if he took any severe course with them it would utterly destroy the Pale and by weakning the small Colony of English would turn to the Advantage of the Irish and therefore he contented himself with the Submission of those that had been Faulty and sent over Sir Richard Edgcomb to take new Oaths of Allegiance of the Nobility and Gentry and to bind them in Recognizance to performance and thereupon to give them a Pardon He brought with him five hundred Men which was rather a Guard than an Army and he arrived at Kingsale with five Ships on the twenty seventh Day of June he did not intend to come on Shoar there and therefore the Lord Thomas Barry i.e. Barry oge came on Board and there did his Homage for his Barony and took his Oath of Allegiance but the next Day Sir Richard Edgcomb at the Importunity of James Lord Courcy and the Inhabitants of Kingsale did come into the Town and in their Parish Church dedicated to S. Multotius the Lord Courcy did Homage and he and the Townsmen swore Allegiance and entred into Recognizance for the Observation of it whereupon they were pardoned And so after Dinner Edgcomb sailed toward Waterford where he arrived the last Day of June and having applauded the Loyalty of that City and assured them That the King would liberally remunerate their Fidelity he set Sail for Dublin and there he arrived the fifth Day of July and was received by the Mayor and Citizens in most humble and submissive manner at the Gate of the Abby of the Friers Preachers where he was to lodge The Earl of Kildare was then upon some Exploit against the Irish so that he did not come to Dublin until the twelfth of July and then he sent the Bishop of Meath the Lord Slane and others unto Edgcomb to conduct him to S. Thomas-Court where the Lord Deputy lay Thither did Sir Richard come and with a stern Countenance delivered the King's Letters to the Lord Deputy after which they had a Private Conference but many of the Nobility being absent nothing more was done at that time and so they departed the Lord Deputy went to Minooth and Sir Richard Edgcomb returned to the Abby The next Day being Sunday Edgcomb caused to be read in Christ Church after Sermon the Absolution of the former Excommunication which the Pope had lately granted at the King's Request unto all those that should thenceforward continue loyal to his Majesty and after some time and many Expostulations between the Commissioners and the Nobility they did at last agree on the Form of an Oath to be found at large in Sir James Wares Annals p. 17. Wherein this is observable that they swore not to hinder or disturb the excommunication of all such as should oppose the King of what Quality soever they should be And in the Oath of the Clergy it was added that they should publish the Popes Excommunication against all the Kings Rebels or Enemies in Ireland as often as they should be thereunto required Salvo Ordine Episcopali c. And so on the 21st of July the Earl of Kildare being first absolved from the former Excommunication after the usual manner in time of Divine Service did Homage to the Kings Commissioner in the great Chamber in Thomas Court and swore Allegiance and entred into Recognizance for the due Observation of it and then Edgecomb gave him his Pardon and put a Gold-Chain about his Neck which the King had sent him for a Present to signifie his Majesties entire Reconcilation to him The like Oaths and Recognizances were made by Rowland Eustace Baron of Portlester Lord High Treasurer Robert Preston Viscount Gormanstown James Fleming Baron of Slane Nicholas St. Laurence Baron of Houth Christopher Barnewal Baron of Trimletstown John Plunket Baron of Dunsany Walter Archbishop of Dublin John Walton who had resigned that Archbishoprick reserving the Mannor of Swords to live upon during Life John Bishop of Meath Edmond Bishop of Kildare John Purcell Abbot of St. Thomas Abby Walter Champflour Abbot of St. Maryes and James Cogan Prior of Holm-Patrick and then Sir Richard Edgecomb entertain'd them all at a splendid Banquet at his Lodgings and the next day the Mayor and Citizens of Dublin took their Oaths at the Tolsel and remitted a Copy of the Oath under the City-Seal to the King to certifie His Majesty that they had taken it And so on the 23d day of July Edgecomb went to Drogheda and thence to Trim and both those Towns as also the Prior of St. Peters near Trim and the Abbots of Navan and Beclif did in like manner
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
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
and Language and not to forestal the Markets of Limerick nor correspond with the Irish And so we come to the Parliament which began at Dublin on the first Day of May and on the last Day of that Month was adjourned to Kilkenny and did there sit the twenty fifth Day of July and on the twenty first was adjourned to Cashel and on the twenty eighth was from Cashel adjourned to Limerick and there it sat on the second of August and continued until the nineteenth and then was adjourned to Dublin to meet the fifteenth Day of September and so after several Prorogations it was finally dissolved the twentyeth Day of December 1537 and enacted as followeth I. The Attainder of the Earl of Kildare and his Complices This Act recites all their Treasons and Retrospects to the eighth Day of July 20 Hen. 8. II. The Parliament reciting That Ireland is appending and belonging to the Crown of England doth make void and nullifie the King's Marriage with the Princess Katharine his Brother's Wife and doth ratifie the Divorce judicially made between them by the Archbishop of Canterbury It also confirms the King's Marriage with Anne Bullen and prohibits Marriage within the Levitical Degrees and orders that Persons so married shall be divorced and their Children after such Divorce shall be illegitimate Then it entails the Crown on the King's Heir Males by Queen Anne and for want of such to his Heirs Males by any other Wife and for want of such to the King's Heirs Female by Queen Anne and particularizes the Princess Elizabeth and the Heirs of her Body c. And that it shall be Treason to Write or Act against the aforesaid Marriage or the Settlement of the Crown and Misprision of Treason to speak against either of those things and deprives the Offenders of Benefit of Sanctuary it makes the Queen and such Counsellors as the King shall appoint Guardians of the Infant King or Queen if it so happen till their respective Ages of sixteen if a Queen and eighteen if a King and prescribes an Oath for the Observation of this Settlement to be taken by the Subject and makes it Misprision of Treason to refuse it III. The Act of Absentees recites the Inconveniences that have happened by reason of the Absence of those that have Estates in Ireland and then vests in the King the Honours and Estates of the Duke of Norfolk the Lord Berkly the Earl of Waterford and Shrewsbury the Heirs General of the Earl of Ormond the Abbot of Furnes the Abbot of S. Augustins of Bristol the Prior of Christ-Church of Canterbury the Prior of Lanthony the Prior of Cartinel the Abbot of Kentesham the Abbot of Osny the Abbot of Bath and the Master of S. Thomas of Dacres 4 Inst 354. And it was resolved anno 1612. That the Earl of Shrewsbury did lose the Title of Earl of Waterford and Viscount Dungarvan by this Statute Nevertheless he had a very good Recompence in England for his Losses in Ireland And it is not unworthy our Remembrance How this Statute came to be made and the Occasion was thus The King being inclined to make Mr. Ailmer who was then Lord Chief justice of the Common Pleas Lord Chief Justice of the King's Bench the Earl of Shrewsbury at the instance of some of his Tenants in Waterford or Wexford opposed his Preferment alledging That Ailmer was a silly fellow and unfit for such a Place whereupon the King repremanded the Lord Cromwel for recommending such a Coxcomb to him the Lord Cromwel begs the King to discourse with Ailmer assuring his Majesty That he was misinformed The King consented and Ailmer being come the King asked the true reason of the Decay of Ireland Ailmer Answered That it was because the Estated Men who used to Reside and Defend their own Estates and countenance their Tenants did now generally dwell in England and left Ireland a Prey to the Natives But that if his Majesty would oblige the Estated Men to Residence or seize their Estates to his own use he would soon find a Reformation The King tickled with this Advice gave Ailmer Thanks and assured him Care should be taken of it next Parliament IV. A Suspension or Repeal of Poyning's Act pro hac Vice V. That the King his Heirs and Successors be Supreme Head on Earth of the Church of Ireland and shall have Power to reform redress c. Heresies Errors and Offences c. And that his Commissioners shall take no Proxies for their Visitations but convenient Meat Drink and Lodging on pain of four times the value VI. That there shall be no Appeals to Rome on Pain of Premunire and that the Chancellor with the Consent of the two Chief Justices the Master of the Rolls and the Vice-Treasurer or any two of them may assign Delegates to Hear and Determine all Appeals to the Chief Governour VII An Act against slandering the King or Queen or their Title c. And that those guilty of High Treason shall not have the Benefit of Sanctuary and that Treasons committed beyond Seas may be tried in Ireland and that all Estates of Inheritance ergo Estates Tail shall be forfeited for High-Treason VIII That the Clergy shall pay Annates or First-Fruits i.e. a Years Profit and shall pay or compound before Possession The Chancellor Master of the Rolls and Vice-Treasurer or any two of them whereof the Vice-Treasurer to be one or any others commissioned by the King may compound and give Instalments That the Bonds for First-Fruits shall have the Effect of Bonds of the Staple and eight Pence to be paid for a Bond and four Pence for an Acquittance and no more IX An Act to vest in the King Sir Walter Delahide's Lands in Carbry in the County of Kildare X. That if the Robber or Felon be found Guilty upon an Indictment by means or Prosecution of the Party robbed that then he shall have Restitution as if it had been done upon an Appeal XI An Act to suppress all Tributes Pensions and Irish Exactions claimed by the Irish from Towns or Persons for Protection XII An Act against the Pope to suppress his Usurpations and that it shall be Premunire to defend or assert his usurped Authority or Jurisdiction and that all Persons Ecclesiastical or Lay That have Office or Benefice c. shall take the Oath of Supremacy mentioned in the Act and the Refusal of that Oath shall be Treason It seems there was much Difficulty to get this Act and the former Act for the King's Supremacy to pass both Houses many of the Clergy opposing them stifly until the Archbishop Brown made the following Speech which being well sconded by Justice Brabazon so startled the rest that at length both Bills passed The Archbishop's Speech was thus My Lords and Gentry of his Majesty's Kingdom of Ireland BEhold your Obedience to your King is the observing of your Lord and Saviour Christ Bish Brown's Life 7. for He that High-Priest of our
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
and a few Volunteers and some Sea-men came to the Deputy and were very kindly received and the Disloyalty of the City was remembred at another time In Clonmel the Lord Deputy was nobly Treated in the Town-House which he requited by a most excellent Speech in commendation of Loyalty and thence marched to Cashil and in his March took a Castle held by Sir Edmond Butler and restored it to one Cantrel who was the right Owner 1569. and so he came to Cork where he found four hundred Soldiers newly arrived out of England under the Command of the Captains Shute and Ward as by his Letters to England he had desired From Cork the Lord Deputy made a step into Kirricurry and took the Castle of Carigoline and afterwards he marched into Orrery and took Butâ—ivant and so designed for Kilmallock but James Fitz-Morrice got there before him and took the Town by the help of scaling Ladders and finding that he could not keep it he burnt and destroyed as much of it as he could However the Lord Deputy marched thither and having given all the Encouragement that he could to repair and reedifie Kilmallock he setled a Garrison there of an hundred Horse four hundred Foot and some Kern under Colonel Gilbert who was made Governor or Colonel of Munster and so having taken the Oaths and Hostages of the Lords Roch Courcy Decyes Power and of Sir Cormock Mac Teige and many other Gentlemen and Freeholders of the Counties of Cork and Limerick he marched directly to the City of Limerick The Earl of Ormond came to the Lord Deputy at or near Limerick and brought with him his Brother Sir Edmond Butler who in the open Camp submitted to Mercy acknowledging his Follies and craving Pardon and thereupon he was set at Liberty upon the Earl's Recognisance for his appearance at Dublin and accordingly he did appear there on the sixteenth day of October together with Pierce Butler another Brother of the Earl's and both of them were indicted of High Treason However it seems that Pierce was afterwards bailed but Sir Edmond being a Cholerick Man did reflect upon the Lord Deputy and attributed all to his Partiality and alledged that the Lord Deputy did threaten him and would do him no Justice and vented many more such passionate expressions and therefore had not the favour of being bailed but was committed close Prisoner to the Castle of Dublin from whence in a very short time after he made a strange and hazardous escape by the help of a small Rope which broke within three yards of the ground and so bruised him that he could not go far so that he was forced to stay all that cold Winter-Night up to the Chin in the Water to prevent his Discovery However about three Months after viz. on the last of February the Earl of Ormond did again bring Sir Edmond and the rest of his Brothers before the Lord Deputy and Council at Dublin and there after a short Commitment and humble Submissions they were all pardoned for the sake of the Earl and perhaps by special Orders from the Queen who by the Mother was related to this Noble Family Cambd. Eliz. 138. and used to boast of the untainted Loyalty of the House of Ormond In the mean time Colonel Gilbert behaved himself so well in Munster that the Earl of Glencar and his Follower Mac Donogh were forced to come to him and to submit on their Knees craving Pardon for what was past and offering Hostages for their future Behaviour and afterwards that Earl came to Dublin to a subsequent Session of the Parliament and in the Presence-Chamber and in Christ-Church made most Pathetical Submissions on their 〈◊〉 and were Pardoned but the Collonel Gilbert being 〈◊〉 his good Service Knighted at Drogheda the first of January 1569 got leave to go to England and there he 〈…〉 a rich Widow and was not long afterwards drowned and thereupon Sir John Penott was Lord President of Munster In Leinster Sir Peter Carew had reduced the Cavenaghs to that low Condition that they were forced to submit to Mercy simply and without Stipulation and in Connaught Sir Edward Fitton by valour in the Field and severe Justice in the Courts did so quail the stubborn Hearts of the Rebels that his Province had but very little disturbance except what was given by the Earl of Thomond who could not brook the Severity of the President it seems he complained to the Lord Deputy before he entred into Rebellion for on the twenty third of April 1570. Lib. H. the Earl of Ormond was sent to treat with him but that Treaty proving ineffectual there ensued a smart Battle or rather Skirmish wherein the Earl of Thomond was worsted Contra Barkers Chron. 343. and Cambd. and thereupon he fled into France where he met with the English Ambassador Norris by whose means the Earl was pardoned Eliz. 153. and afterwards proved a very good Subject and did considerable Services to his Queen and Country Turlogh Lynogh whom I have already mentioned to have assumed the Name of O Neal was about this time shot in the Belly with two Bullets out of a Caliver by one of the Doniloghs who was a kind of a Jester he was at Supper with his Wife Aunt to the Earl of Argile when he received this Misfortune and though the Wound proved not to be Mortal yet it was so near it that the Auxiliary Scots began to think of deserting him 1570. and his own Country were in Factions about the choice of a new O Neal Lib. H. however he at length recovered and made an attempt to invade the Pale but the Scots dispersed for want of Pay so that O Neal was glad to treat with Justice Dowdall and the Dean of Armagh the Queens Commissioners and they came to an Agreement in O Neal's Camp at Dungannon on the twentieth day of January Lib. H. which was afterwards ratified by the Lord Deputy on the thirteenth day of March. On the eleventh of February the O Feralls or Ferells surrendred their Interest in the Annaly or County of Longford and took part of it back again at the Yearly Rent of an Hundred Marks c. The publick Expence for three Years viz. From Michaelmass 1565 to Michaelmass 1568 paid out of the Exchequer amounted unto Eighty eight Thousand nine Hundred thirty eight Pounds nine Shillings and eleven Pence whereof I suppose at least one half was remitted from England and yet the Lord Deputy was so Industrious in the Collection of the Revenue that he got twelve Hundred Pound of Hugh O Donell for the Arrears of Rent due for many Years past and the Queen was so intent on the Reformation and settlement of Ireland that she sent over Robert Leeth a Surveyor about the Year 1568 to make a true Survey and an exact Map of that Kingdom But Pope Pius the Fifth having by his Bull of the fifth of March 1569. Cambd. Eliz. 146. â—ulminated
his Excommunication against Queen Elizabeth and as Mr. Sullevan says pag. 70. deservedly deprived her of her Kingdoms we must not expect any more quiet during her Reign but that the bigotted Rebels like Virginal Jacks will start up one after another to disturb the Government of the Heretick Queen and to rescue themselves from the English Laws and the Protestant Religion which are the two things they chiefly hated and abhorred In Munster they met with their Match Sir John Perrot the President was one that knew them well he had experienced that they were like nettles which stung most when they were gently handled and therefore he squeezed them to purpose and so haunted them from one fastness to another 1571. that he gave them no rest so that in a little time he brought James Fitz Maurice himself who was the most valiant and most zealous of all the Confederates to submit simply to Mercy without any Conditions and on his Knees at Kilmallock to confess and lament all his Disloyalties and the Lord President by keeping Itinerant Courts of Justice and using necessary Severity soon brought Munster to that pass that the white Sheep kept the black and the Traveller might safely keep his Road without Arms or Company he also forced the Irish to conform to English Habit and to leave off several of their barbarous Customs and Fashions and he also brought the Irish Lords to contribute to the charge of the War So that on the twenty sixth day of September 1571. Lib. L. The following Lords and Gentlemen Covenanted with him to supply their respective Quota's for six Months viz.  Hor. Shot Gallowgl Kern Mac Cartymore 6 24 126 100 The Lord Barry 6 10 030 020 Mac Carty riah 8 10 040 050 Sr. Donough Mac Teige of Muscry 6 10 020 040 The Lord Courcy 2 04 006 008 Mac Donough 4 08 020 030 And the Earl of Glencar was to command them and in his Absence the Lord Barry they were to divide what Preys they should get proportionably with respect to their Contribution and if there should be need of it they were obliged to encrease their Forces It happened once Hooker 134. that Captain George Bourchier third Son to the Earl of Bath who served under Sir John Perrot in Munster was invited to a Gentlemans Castle to Supper under pretence of Parly and to use Bourchier's Mediation for his Pardon The Captain not at all suspecting any Treachery went thither according to the Invitation but the Perfidious Host thinking that the President would give him better Conditions for Bourchier's Liberty than he would for his Intercession detained him Prisoner and hand-locked him for some time and probably until he obtained his Pardon and what else he desired The Lord-Deputy received Letters of the thirteenth of December giving him leave to return to England and ordering him to substitute in his Place his Brother-in-Law Sir William Fitz Williams and accordingly he did set Sail on the 24th day of March and left Sir William Fitz Williams Lord Justice who was Sworn in April 1572. in St. Patricks Church in Dublin and in January following had a new Commission to be Lord Deputy In his time Brian Mac Cahir Cavenagh was very unruly and under pretence of revenging some Injuries done him by Robert Brown of Malrenkam Hooker 135. he killed Brown and insulted over all his Neighbours but Sir Nicholas Devereux and the People of Wexford not enduring his Insolence resolved upon their own Defence and at length it came to a smart Skirmish wherein thirty Gentlemen of Devereux's side were slain but about two Years after Brian submitted to the Government and was Pardoned and became a follower to Sir Peter Carew and was not only Faithful to him but also loved him to that degree that on Sir Peter's Death Brian pined away and in a little time died also he was the honestest and bravest of all the Cavenaghs and was a younger Son of Cahir Mac Art who was made a Baron for Life by King Henry the Eighth Conaught was disordered by the troublesome Sons of the Earl of Clanrickard Hooker 135. who could by no means endure the severe Government of Sir Edward Fitton President of Conaught and therefore broke out into Rebellion and hired one Thousand Scots to their Assistance The Earl himself was then Prisoner in Dublin and desired Liberty to suppress his Sons and quiet the Country and by advice of the Council it was granted him but he did not perform what he had promised however the same thing was in a great measure effected by a stupendious Victory obtained by Captain Collier who with one Company of Foot defeated and killed most part of the thousand Auxiliary Scots Camb. Eâ—iz 502. The Earl of Kildare for a certain sum to be paid by the Queen had undertaken to prosecute the O Mores and to defend the Pale against them but he did not so effectually perform it but that the O Mores Cambd. Eliz. 201. assisted by the O Connors made several Incursions into the Pale and burnt Athloan and did abundance of Mischief and in Vlster Bryan Mac Fylemy took and burnt Carrigfergus and to these Misfortunes was added a greater than either of them by the Death of the Lord Chancellor Weston on the twentieth day of May 1573. 1573. On the ninth of July the Queen granted unto Walter Devereux who not long before was made Earl of Essex the Moyety of the Signiories of Clandeboy Ferny c. And the Earl was by Indenture obliged to go thither before Michaelmas with two hundred Horse and four hundred Foot and to maintain them for two years and afterwards he was to keep as many Soldiers as the Queen should keep for the Defence of her Moyety not exceeding six hundred and no more and it was agreed that for the first two years the Queen would likewise keep two hundred Horse and four hundred Foot under the Command of the Earl and that every Horse-man Voluntier that will serve gratis for two years shall have four hundred Acres of Land and a Foot-Soldier two hundred Acres at two pence an Acre Quit-Rent and if any of them die within two year the Heir may supply his room in six Months It was farther agreed between them That necessary Fortifications should be made at the equal Charge of the Queen and the Earl and afterwards division should be made by Commissioners and 〈◊〉 division each might for twenty years build on her or his respective share as they pleased And the Earl was to have Timber out of Killulta Woods and might for seven years transport the growth of the Country without paying Custom and for twelve years more should pay no more Custom than is paid in England and he had liberty to transport Arms Money and all Necessaries out of England Custom-free giving notice thereof to the Officers of the Ports Each might dispose of five thousand Acres as they please but more than that quantity
levying Forces two year before to distrain for Rent he pretended due to him in the Ferny Camd. Eliz. 447. The Irish say he had hard measure and instance much foul practice in the Prosecution and Tryall but however that be the poor Gentleman was hang'd and his Countrey divided between Sir Henry Bagnall Cap. Henslow and four of the Mac Mahouns under a yearly Rent each of them giving considerable Bribes to the Deputy as they said in their Complaint to the Council of England but the Lord Deputy in his Answer did vindicate himself from these unjust Aspersitions or at least endeavour to doe so however it must be observed that from henceforward the Irish loathed Sheriffs and the English Neighbourhood as fearing in time they might all follow the Fate of Mac Mahoun and therefore in the great Treaty near Dundalk in Jan. 1595. they all desired to be exempted from Garisons Sheriffs and other Officers In May 1590. the Earl of â—â—â—one went for England where he was in an easie manner râ—â—trained of his Liberty because he came over without the Deputy's Licence but upon his submission he was discharged of his Confinement and came to a new Agreement with the Queen which is to be found at large Morison 9. and offered Hostages thereof provided they might be kept in some Merchant's House in Dublin or some Gentleman's House in the Pale and be exchanged every three Months The reason why he was so much favour'd and trusted was because he advised the suppression of the Name of O Neal which was really of great importance and he was believ'd to be sincere because being the Son of a Bastard he could have no pretence to it and it stood not with his interest that any body else should have it and so his Power and Authority was in England thought to to be a Bridle upon Turlogh Lynogh and the Sons of Shane O Neal. On the 28th of May 1590. seaventy one Soldiers of Sir Thomas Norris's Company mutinied for want of Pay they came arm'd to the Castle Gate The Deputy offered them two month's Pay but they insisted upon all whereupon he courageously caused the Gate to be opened and sent them a Message that whoever entered the Castle should be hanged as a Traitour they answered that they did not intend to enter upon that the Deputy rode out to Church Sir Geo-Carew Master of the Ordnance bearing the Sword before him the Mutiniers made a Guard for him and begg'd his Lordship would consider them but he briskly rode up to one of them and finding many Gentlemen behind him he ordered them to disarm the Mutiniers but they prevented it by laying down their Arms and placing themselves on their Knees supplicated his Lordship's favour and though they were tied two and two together and sent to Newgate to vindicate the Authority which they had affronted yet because their Indigencies were great I suppose they came off without much severity About December four considerable Prisoners escaped out of the Castle of Dublin December 1590. not without the privity of a great Man well bribed as was supposed viz. the two Sons of Shane O Neal O Donell's Son and Philip O Reily but the Weather being very bad and the Journey tedious Art O Neal one of the Prisoners dyed by the way but the rest escaped to Vlster where the two other Sons of Shane O Neal fell into the power and possession of the Earl of Tyrone anno 1594. who kept them Prisoners and would by no means enlarge them or deliver them to the Deputy Tyrone on the 9th of August appeared at Dublin and confirmed the Agreement he had made in England but when he was urged to the performance of it the used many shifts and delays and desired the like security might be requir'd of his Nighbours This Winter Turlogh Lynogh's Men were wounded by Tyrone's and the next Summer the Marshal Bagnall's Sister was taken away and married to the Earl of Tyrone so that he became again obnoxious to the State and odious to the Marshal because he had another Wife then living Wherefore on the 16th of July he wrote to the Lords of the Council in England that Turlogh's Men were preying his Country and were killed by their own fault and in October following he wrote to the Deputy that the Marshal's Sister married him voluntarily and that he was lawfully divorced from his former Wife In the mean time viz. July 1591. Tyrone was made a County and divided into eight Baronies Dungannon being appointed for the Shire-town which amongst other things and particularly the Authority of Marshal Bagnall so fretted Tyrone that 't is believed it was this Summer confederated between him and the rest of the Irish to defend their pretended Rights and Religion against all Heretical Opposers and not to admit Sheriffs into their Countries This Winter Commissioners sate at Monaghan in order to settle the Country on the Queen's Patentees and had 100 Soldiers for their Guard they were allarmed and disturbed at the rumour that Con Tyrone's Son was appoaching for which Tyrone was blam'd but he answered That they were frighted at the sight of two Horsemen there being no more near them at the time of the Allarm However the State grew every day more and more jealous of him and the â—ather because he entertained a Friendship with Hughroe who escaped out of Dublin Castle as aforesaid and was now the O Donell his Father being dead and had surprized the Castle of Montross nor did Tyrone's pretence that he did this in order to make O Donell a good Subject give any satisfaction to the State although at the same time he craftily desired the Lords of the Council to interpose so that he might have the Marshal's Love and that they might live friendly together On the 12th of July a Commission issued to Sir Thomas Norris Sir Robert Gardiner Sir Nicholas Walsh 1592. Roger Wilbraham and James Gold to compound with the Inhabitants of Munster for Cess and Purveyance c. and thereupon in September following the Commissioners did make a Composition for three years which amounted yearly to the following Summs viz. The Barony of Orrery 20 00 00 Condons 06 00 00 Kinalea 15 00 00 Ibawne 25 00 00 Fermoy 25 00 00 Ivelegham and Gormlehan alias Barrymore 42 00 00 Clanmorris 50 00 00 Desmond 30 00 00 County of Waterford Poers Country 45 00 00 Decyes 35 00 00 Â Coshmore Coshbride 12 00 00 Â Ifeagh 18 00 00 Â Imokilly 60 00 00 Â Barretts 23 00 00 Â Conrâ—yes 05 00 00 Â Duhallow 30 00 00 Â Muskry 35 00 00 Â Bear and Bantry 13 06 08 Â Carbry 80 00 00 The Barony of Connilo was to pay 25 s. for every quarter of Land and small County but five Shillings per annum and the rest of the County of Limerick 10 s. per annum for every Plow-land The Barony of Kyrricurry was to pay 1 6 8 in lieu of all charges
the Crane in Dublin and did much harm On the seventh of May the Deputy made another journey into Pheagh Mac Hugh's Country 1597 and on the eighth had the good fortune to kill that Arch Rebel Ibid. and to take a Prey of 200 Cows which were divided amongst the Soldiers But the Queen believing that her Affairs were prejudiced by the disagreement between the Deputy and the General did at his own Request revoke the Lord Deputy and to supply his Place sent over Thomas Lord Burrough Lord Deputy who landed on the 15th of May and received the Sword in St. Patrick's Church on Sunday the 22d Camb. Eliz. 543. he had supreme Authority in Martial as well as Civil Causes and immediately ordered General Norris to his Presidency of Munster which Affront together with the Disappointment of the chief Government which he knew he merited and earnestly expected and the many baffles Tyrone had put upon him broke his Heart The Lord Deputy amongst other Instructions had charge to enquire what English Undertakers had ☜ contrary to their Covenants suffered Irishmen to inhabit their Lands and to enquire into the Earl of Glancar's Estate which for want of Heirs Males was devolved to the Crown After a Month's Truce with Tyrone the Deputy marched to Vlster where the Crown retained only Newry Knockfergus Greencastle Armagh Dundrum and Olderfleet Connaugh was likewise in Rebellion and so were some of the Butlers in Munster The Deputy met some opposition at a Pass near Armagh but he gallantly forced his way and thereby was convinced that the Irish would run if resolutely assaulted he soon took the Fort of Blackwater and garison'd it with English but whilst they were giving thanks to God for this Victory they were called from Prayers to Arms upon the appearance of the Irish Forces with whom they skirmished successfully yet so as that the Deputy's Brother-in-Law Vaughan and several others were slain and particularly two Foster-brothers of Henry Earl of Kildare for grief whereof the Earl soon after dyed Clifford Governour of Connaugh was ordered to advance with the Forces of his Province to the borders of Vlster wherefore with 700 old Soldiers he attempted it bravely but being opposed by a numerous Enemy he nevertheless made a gallant retreat above 30 Miles and in the face of 2000 Rebels without any considerable loss Upon the Lord Deputy's return towards the Pale the Earl of Tyrone immediately besieged the Fort of Blackwater and the Deputy as nimbly marched to its relief and having raised the Siege he designed to march to Dungannon and so to clear the way thither that on any occasion the Army might march that way but he fell 〈◊〉 and was forced to return and dyed in the way to Dublin and Sir Thomas Norris President of Munster was provisionally made Lord Justice on the 30th of August but he being melancholy at the death of his Brother soon grew weary of the Office and at his Request the Government was committed to Adam Loftus Lord Chancellour and Archbishop of Dublin and Sir Robert Gardiner Lord Chief Justice Lords Justices who were sworn on the 15th of November and the same day the Council gave in writing an account of the State of the Kingdom and concluded that it was an universal Irish Rebellion intended to shake off all English Government The Earl of Ormond was made Lieutenant General of the Army and he was to have 100 Marks per mensem and 30 Horse and 30 Foot and the Lords Justices were to have 33 l. 6 s. 8 d. per mensem and 20 Horse and 20 Foot equally divided between them The Earl of Ormond upon application made to him by Tyrone procured a Commission to himself the Bishop of Meath and Secretary Fenton to treat with that Rebel and on the 22d day of December they met at Dundalk and agreed to a Cessation for eight weeks on Tyrone's engagement to furnish the Fort of Blackwater with 50 Bieves and to give the Garison liberty of Forage and other Articles recited at large Morison 22. On the 18th of February O Rourk submitted to the Lieutenant General and subscribed the Agreement likewise mentioned at large Morison 22. and on the 15th of March Ormond proposed to Tyrone 13 Conditions of Pardon mentioned Morison 23. to most of which he agreed but because O Donell and some others did not appear that matter was adjourned to the 10th of April in the mean time the Pardon was drawn and bears date the 11th of April but I do not believe that Tyrone ever came for it both because he was Anno 1600. outlawed on the former Indictment and because he immediately relapsed into his former Disloyalties and not only sent aid to Phelim mac Feagh but also laid close Siege to the Fort of Blackwater but the defence made by Captain Thomas Williams was so considerable that Tyrone despair'd of effecting his design by Force and therefore resolved to starve them and indeed they were reduced to great necessity when in August Marshal Bagnall with 14 Ensigns of Foot and a choice Party of Horse was sent to relieve them The Rebels Camd. Eliz. 565. being a vast number fell upon the English in a Wood half a Mile beyond Armagh and the Earl of Tyrone having a particular spight against the Marshal Bâ—gnall he bent all his Force that way and had the good fortune to kill the Marshal and to rout the English Army with the slaughter of 13 Captains and 1500 Soldiers whereupon the shattered remnant of the English retired to Armagh and sent to Captain Williams to surrender the Fort of Blackwater that he might reinforce and preserve the rest of the Army By this Victory the Irish got Arms Ammunition and Victuals and which was more so much Reputation that the English could act only on the defensive part and not that it self without continual fear and danger But the Queen was nettled at this Defeat and by the 12th of September 1598. blam'd Ormond that he was not there and ordered him to reduce the old List to 8000 and to clear the Army from Irish and she also sent over Sir Richard Bingham to succeed Bagnall in the Office of Marshal but as soon as he landed he dyed at Dublin and Sir Samuel Bagnall was sent with 2000 Foot and 100 Horse which though at first designed to plant a Garison at Loghfoyle were on the aforesaid all news ordered to land at Carlingford In the mean time Tyrone sends Owny mac Rory Oge and Tirrel into Munster with 4000 Kernes 598. the President Sir Thomas Norris opposed them but was forced by necessary occasions or rather by reason of the weakness of his Forces to return to Cork whereupon the Munsterians generally rebell in October and kill murther ravish and spoil without Mercy and Tyrone made James Fitz Thomas Earl of Desmond on condition to be tributary to him He was the handsomest Man of his time and is commonly called the Sugan Earl And the Queen
the preposterous Courses they took For they were taught That the Pope was by Divine Right Universal Monarch and Governor of the World P. W. Remonstrance in Preface 6 7. and had Independent Sovereign Authority over Kings and Subjects in Temporal as well as Spiritual Concerns That he might Deprive and Dethrone Kings and had Power of both Swords to which every Soul upon pain of eternal Damnation was bound to give Obedience That he had power to absolve from all Oaths and that those who are slain in the Quarrel of the Church against an Excommunicated Prince die true Martyrs of Christ and their Souls fly to Heaven immediately So that it is no wonder that a People for the most part abounding in Ignorance and Bigotry tempted by the Hopes of Profit in the Plunders and Success of the War and stimulated by a National Malice against the British should be guilty of all that Cruelty and Treachery which they thought Meritorious and was in their Opinion conducive to their main Design of Extirpating the Protestants This tedious and bloody War which was at first begun by the Papists against the Protestants to support the King's Prerogative and suppress the Puritans as they pretended met with such prodigious Turns and Vicissitudes in the Progress of it that the most virulent Faction of the Papists joyn'd with the Puritans and fought for them against the King and against one another and all the Parties in the Kingdom which were * King Ormond Parliament Cooâ— Covenanters Lord of Ardes Supreme Couucil Preston Nuncio Owen Roe Five did one time or other in the War fight against the Faction it had formerly sided with But because this War was on the King's part managed by the Marquis since Duke of Ormond first in the Quality of Lieutenant General and afterwards as Lord Lieutenant it is necessary that according to my former Method I give some Account of Him which perhaps cannot be better done than from a MS. I accidentally met with wherein there are some short memorable Strokes of Him and his Family not unfit to be communicated to the Reader and therefore I have transcribed it as followeth 1. He was born at Clerkenwell in London on the Ninteenth of October 1610. and died at Kingstonhall in Dorset-shire on the 21th of July 1688. This was the 78th Year of his Age in which time he had seen Four Kings and served Three of them for 57 Years with an unshaken Zeal to the Crown 2. That he had seen Three Generations above him as maâ—â—ely his Father Thomas Viscount Thurles his Grandfather Walter Earl of Ormond and his great great Uncle Thomas Earl of Ormond who being a Black Man was commonly called by the Irish Thomas Duff This Thomas who was also Earl of Ossory was a Man of high Courage and Endowments and much favoured by Queen Elizabeth as being also Kinsman to her Mother He was Knight of the Garter Lord Treasurer of Ireland and General of the Army there He lived to the Age of Eighty seven Years and in the Reigns of Five Kings and Queens and died in 1614. So also had his Grace seen Three Generations below him as namely his Son Thomas the Renowned Earl of Ossory his Grandson James the present Duke and his great Grandson Thomas who was playing in the Room before him but a few Hours before his Death 3. That he had for some Years sat with Two of his Sons the said Thomas Earl of Ossory and Richard Earl of Arran in the House of Peers in England and his eldest Son was Knight of the Garter at the same time with Himself 4. That if the Siding and Partaking with the House of Lancaster in the Ancient Quarrels with the House of York which divided and at one time or other involved the whole Nation may pass for nothing it will not appear in all the Records that any Staln of Disloyalty was ever imputed to any that were the Chief Branch of this Family for Five hundred Years 5. That his Grace not to count what Titles they had before was the Twelfth Earl of Ormond and the Seventh of that Name of James He who was the Second James and styl'd The Noble Earl as being by his Mother de Bohun Great Grandson to King Edw. I. was thrice Lord Justice of Ireland And the Fifth James being by Hen. VI. made also Earl of Wiltshire Knight of the Garter and Lord Treasurer of England was Five times made Lord Deputy and Lord Lieutenant of Ireland and had a Patent of it for Twelve Years His late Grace the Seventh James was Lord Lieutenant Four times which in all took in about Twenty four Years And if we shall reckon how many of this Family and how often they have been concern'd in that Government it thus appears That from the 31 Hen. 3. 1247. when Theobald Butler Lord of Carrick was made one of the Lords Justices to 1 Jac. 2. 1684. that his Grace was dismist from being Lord Lieutenant there have in the space of Four hundred thirty seven Years been Ten of this Family who have Seven and twenty times been either Lords Justices Lords Deputies or Lords Lieutenants of that Kingdom These Instances are perhaps sufficient to give the Reader some farther Curiosity to know by what Steps this Great Man grew up into the World who had a various and difficult Part in those Revolutions that befel Three Kingdome and the Monarchs thereof And inasmuch as they seem to reflect some Light on part of the following Story I will venture to add what I also found in the same Manuscript as followeth That the said Thomas Duff having no other Issue than his Daughter the Lady Elizabeth he first married her to his Nephew Theobald Viscount Tullough who was a Protestant as well as himself But he soon dying Childless and the young Widow being made very considerable in her Fortune by the Father's Indulgence there came Sir Richard Preston a Scotchman who being much favoured by King James and fortified by His Credentials he obtain'd the Lady and was made thereupon Lord Dingwell in Scotland and Earl of Desmond in Ireland This Earl soon began to stretch and enlarge his Pretensions to the Estate But Earl Walter the Heir at Law opposed him King James was pleased to take upon Him the Arbitration between them but did it with such partiality as Earl Walter thought that he chose rather to be thrown into the Fleet as for Contempt than to submit There he lay a Prisoner for Eight years together his whole Estate Sequestred and Extended his County Palatine of Tipperary which had been Three or Four hundred years in the Family seised by Quo Warranto into the King's Hands and he reduced to a shameful Want The Duke of Buckingham was active in this Oppression but the Cry of it grew so lowd at last that the King relented for what he had done In these Troubles it was that his Grace's Father Thomas Viscount Thurles coming over to prosecute in
Congregation at James-town Excommunicated the Lord Lieutenant and Declared against his Authority and they and the Assembly at Loghreah forced him out of the Kingdom Galway treated with the Duke of Lorrain and received his Ambassadour and that Town and Limerick and several Lords and Gentlemen did joyn in a Commission to treat with foreign Princes as appears Appendix 47. All the Kingdom did at length submit to the Kings Enemies and most of the Confederates took the Engagement to that Government which certainly dissolv'd the Articles of Peace and all Covenants with his Majesty with which that Engagement was inconsistent I should not insist upon it that the Peace was null and void from the beginning and impossible to be performed because the King could not repeal Acts of Parliament much less give away those Estates which were sold to the Adventurers for valuable Consideration by Act of Parliament but that the Confederates had by a previous Engagemen there recited p. 205. which P. W. stifly denies and my Lord of Oâ—â—ery probably had not seen pre-ingaged themselves to return to their first Confederacy if the Articles of the Peace were not fully performed to them Lastly Those Articles were not to be binding unless they should be confirmed by the next Parliament and since they missed of that Ratification they are totally vanished and dissolved and have no manner of Obligation upon any Body Another Question may be made The Tenth Question Whether the Quarrels of the Confederates against the Marquiss of Ormond were founded upon a prejudice to his Person a hatred to his Religion or an aversion to his Authority To which I Answer That their Dissatisfaction with that Lord was not at all in respect of his Person or any Qualifications he had except that of a Protestant Vice-Roy but their hatred to him was partly upon the Account of his Religion but chiefly upon the Score of his Authority for altho' they load his Memory with innumerable false and scandalous Aspersions yet those of Heretick and Idolater of Majesty are not the lâ—ast spiteful nor as they thought the least infamous But after all they can forge or say They confess It would be the same thing if any other of the same Religion should have the Government out aliquis alius ejusdem professâ—onis invidiae in Catholicos says the Bishop of Fernes pag. 34. Noâ— in ullam aliam pacem cum Ormonio aut ullo alio Heretico prorege Nuncius conveniret says Father Ponce pag. â—79 and he fairly gives the Reason of it for a Heretick will never be fond of Popery says he Summe timendum est quemâ—unque adversae Religionis non satis prospecturum Catholicae And tho' the Vice-Roy were a Roman Catholicks yet as long as the Prince that Authorizes him is a Pretestant or King of England they will not be satisfied and the Reason of this is plain viz. That such a Vice-Roy must obey the Commands of his Heretick Master P. W. Letters pag 12. and must preserve Ireland in Subordination to England whereas their main drift was to make it Independent or to alienate it to a Foreigner yet this Assertion would hardly be believed but that we can back it with an instance in the Case of the Marquiss of Clanrickand whom they affronted and traduced as bad as they did the Marquiss of Ormond and Father ponce his Book is written to vilifie that Noble Lord who had no fault in him except his Religion nevertheless they treated him with that degree of Insolence as to threaten his Lieutenant General P. W. Remonstrance 585. to rent the Army from him if he did not dismiss his Confessor immediately they also gave up the Towns and particularly Galway without consulting him tho' he was at hand and they treated with foreign Princes contrary to his Express prohibition and others that he did Authorize had the Confidence to vary from his Instructions and to decline his Name and Authority And what better can you expect from a People which as P. W. observes are wholly given up to be instructed by Anti-remonstrant Priests P. W. Letter to the Earl of Essex pag. 19. known maintainers of the most Anti-Christian Maxims of Disloyalty even to the unsheathing of Swords and cutting of Throats And Lastly It may be demanded Whether all and every of the Irish be guilty of those Crimes and Qualities that in this History may seem attributed to them under the indefinite Appellation of Irish To which I Answer That they are not all Guilty but on the contrary there are undoubtedly very many Lords and Gentlemen of worth and virtue in that Kingdom who abhor and detest those Cruelties and Treacheries which the Generality of their Country men have exercised upon the English nor had I the least design to condemn the Innocent with the Guilty or to asperse any Man of Honour or Worth and therefore tho' I have good Warrant even from Scripture Phrase and Example to use the indefinite Expression when nevertheless many particulars are not comprehended in it yet to avoid all Ambiguity or Mistake in this matter I do here once for all advertise the Reader That where ever he finds the word Irish he understand it only of the Irish Rebels or of the Commonalty or Generality of that Nation as the Sense will best direct him THE REIGN OF JAMES I. KING OF England Scotland France AND IRELAND HITHERTO the Irish Historians have represented their Countrey-men Analecta Hiberniae Sparâ—im as if they were influenced by the most abstracted Considerations of Religion and Honour Ogigia in Preface pag. 4. and as if they were agitated by a generous desire of their Native and Original Liberty and excited by an unparallell'd Loyalty to their Ancient Monarchy to resist and endeavour to shake off the Violences and Usurpations of England whilest one Generation following another in Imitation of their Godly and Worthy Ancestors have gallantly endeavoured to deliver their enthralled Nation from Oppression as Pope Urban VIII words it in his Bull and therefore their Historians do boast of the multiplied Rebellions of the Irish as so many brave Efforts to rescue their Nation from the Bondage of those English Collectors of Peter-pence whom they would hardly vouchsafe to style their Kings But now that the Royal Family of the Stuarts hath ascended the Throne to whose Sacred Blood the Irish Nation hath contributed whose Pedigree is founded on the Famous Irish Milesian Princes Prospect Epist Dedic now that the Irish have got their own Countrey-man for their King a King whose Ancestors and first Predecessors were of their own Blood Propositions at Oxford 1642. a Prince not only of Irish Extraction but such a one as is of the Royal Line and even by the Irish Law ought to be King of that Island and was as they say the One hundred twenty first King of Ireland in a direct Line from Adam Ogigia in epist whereof Eleven were before the Flood
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
Parsons by Owen O Conally an Irishman but bred a Protestant by Sir John Clotworthy and he being drunk told his Story so odly and delivered this surprizing Information so incoherently that small regard was had to what he said and therefore he was dismissed with Directions to make farther Discoveries if he could Nevertheless the Lord Parsons went to his Collegue Burlace at Chichester-house to communicate Conally's Intelligence unto him and whilst the Lord Justice Burlace was fretting that Conally should be so slightly dismiss'd Vide his Examination Append 2. behold about Ten a Clock at Night he came again and confirm'd his former Story Whereupon several of the Conspirators were that Night apprehended and tho' James Warren and Paul Neale found means to escape out of Custody yet the Lord Macguire in whose Lodgings were found many Hatchets Skeins and Hammers and Mac Mahon were taken and kept safe until their Execution It was about Five a Clock in the Morning 23d of October when Mac Mahon was Examined and Confessed That on that very day all the Forts and strong Places in Ireland would be taken that he with the Lord Macguire Hugh Brine Captain Bryan O Neale and several other Irish Gentlemen were come expresly to surprize the Castle of Dablin and that Twenty men out of each County were to be here to joyn with them That all the Papist Lords and Gentlemen in the Kingdom were engaged in this Plot That what was to be done in other parts of the Country was so far advanced by that time as it was impossible for the Wit of Man to prevent it that they had him in their Power and might use him as they pleased but he was sure be should be revenged And it is observable that Mac Mahon's Fancy was so full of the Bloody Tragedy which was to be Acted that day that during Owen O Conallies Examination as he walked in Chichester-Hall he drew with Chalk several postures of Men some on Gibbets and some groveling on the Ground so much was he delighted with what he thought or rather knew would soon be the Condition of the miserable English Nor is it to be omitted that Sir William Cole upon the Information of John Cormuck and Flagharty Mac Hugh that the Irish did design to seize on the Castle of Dublin and murder the Lords Justices and Council and the Protestants there did on the 21. of October send Letters with an Account of that Matter to the Lords Justices but how they mis carried is not known but it is certain those Letters never came to hand On this First day of the Rebellion the Irish surprized the Lord Blaney's House his Wife and Children and seized the Newry and the Magazine there See it Burlace 22. wherein were Seventy Barrels of Powder they also took Dungannon Fort Mountjoy Charlemont Tonrage Carrickmacross Cloghouter in the County of Cavan and Castlemonaghan and committed many Murders and the Lords Justices issued a Proclamation to encourage the English to defend themselves which were immediately Printed and sent to several places by Expresses and from this time forward there was not a day and scarce an hour wherein the dismal Tidings of some new Outrage or Barbarity did not arrive On the 24th the Alarms and Fears were so great at Dublin that the Castle Drawbridge was once let down and some of the State went to the Platform of the Castle to view the Irish Army which was falsly said to be approaching The Lords Justices being in this deplorable Condition did turn themselves to all the Methods of preserving the Kingdom which so great a Danger did require and their small Materials would allow but tho' their Industry was great their means were inconsiderable the whole standing Army did not exceed Two thousand ninety seven Foot and Nine hundred Horse Officers included and these were scattered in Single Troops and Companies or small Parties into places remote from Dublin and far distant from one another so that some of them were cut off by the Enemy and more of them being Irish Papists did revolt to the Rebels however they did send Potents for as many as they thought could safely March and particularly for the Earl of Ormond's Troop which came with himself to Dublin on the Second day of December and they made Sir Francis Willoughby Commander of the Castle These Letters are at large Temple 25. and Sir Charles Coot Governour of the City and on the 25th of October sent Owen O Conally with Letters to the Lord Lieutenant and Sir Henry Spotswood with an Express to the King But their main hope was that the Papists of the Pale who were of English Extraction and had signalized their Loyalty in all former Rebellions would also stand firm to the Crown in This and therefore the Lords Justices and Council sent Letters to the Sheriffs of those five Counties to make their best defence against the Rebels and to do all that was necessary for their own Preservation And to encourage as well as enable those Papists that the State had a good Opinion of the Lords Justices dispersed Seventeen hundred Arms to the Lords of Fingall Gormanstown Dunsany Slane Netervill Merion Hoath and other Roman Catholick Gentlemen for the Guard of the Pale and Arms were likewise sent to the Towns of Waterford Wexford and Trim with a Licence to import more they issued also Commissions of Martial Law for the more speedy Execution of the Rebels and thereby the more Expeditious Suppressing of the Rebellion Temple 55. and these Commissions were directed to Papists viz. to Henry Talbot for the County of Dublin John Bellew Esquire for the County of Louth Richard Dalton and James Tuit in Westmeath and James Talbot in the County of Cavan They also gave Commissions of Government of the respective Counties to several Roman Catholicks viz. the Lords Mountgarret Gormanstown Mayo Costilo Walter Bagnall Sir James Dillon Sir Robert Talbot Sir Christopher Bellew Sir Thomas Nugent and Mr. Nicholas Barnewall and by these Commissions these Lords and Gentlemen in their respective Districts had power to Levy and raise Forces to Arm and Array and conduct them and to prosecute the Rebels with Fire and Sword to use Martial Law and to Pardon and receive into his Majesties mercy as they should think fit as may be seen more at large in the Lord Gormanstowns Commission Postea Appendix 8. But the Lords and Gentlemen of the Pale were deeper in this General Conspiracy than the Lords Justices suspected and therefore were so far from being wrought upon by these Kindnesses and the Confidence the State placed in them that on the contrary from the very beginning they industriously sought for Pretences to break out into Action Their first Essay was on the 27th day of October at which time they picked a Quarrel at the words Irish Papists in the Proclamation against the Rebels as being Terms so General and Comprehensive that themselves might seem included and tho' they being Old English
ordering the Country People to bring in their Corn to Market or else that their Haggards should be put under Military Execution by which means the Market was pretty well supplied And on the last day of December Sir Symon Harcourt with his Regiment of Twelve hundred Foot from England landed at Dublin But whilst these things were doing Sir Thomas Carey and Doctor Câ—le a Sorbonist offered from the Rebels some Propositions whereupon a Treaty for Peace might be founded viz. 1. Toleration of Religion 2. That Papists shall have admittance to all Employments as well as Protestants 3. The Wrongs of Plantations since 1610. to be repair'd 4. The Titles of Rebels and Traitors should be taken off the File by Proclamation But these Terms were too dishonorable and therefore were rejected Nevertheless some Popish Priests that pretended to more Moderation and Humanity than the rest were permitted to Treat with the Rebels and Doctor Cale obtain'd a Commission from the State to do so and promis'd great Success of his Negotiation But the Rebels were elevated with their Fortune insomuch that Sir Philemy O Neal refused to Treat unless Macgulre and Macmahon were set at Liberty and so that Affair determined And now Sir Simon Harcourt being made Governor of Dublin Sir Charles Coot on the Tenth of January was sent abroad to remove the Enemy from Swords a Village Six Miles from the City The Irish had barricadoed the Avenues to the Town and did what they could to defend themselves but Coot despising their weak Opposition valiantly forced the Passage and routed the Party with the slaughter of Two hundred of them and returned to Dublin with little or no Loss except that of Sir Lorenzo Cary who was killed in this Action On the Eleventh of January the Parliament was by Proclamation prorogued to the Twenty first of June 1642. But the Speakers declared to both Houses ☜ That notwithstanding the Prorogation it was not His Majesty's Intention to depart from or wave any thing he had formerly promis'd for the Confirmation of their Estates to such of his Subjects as should continue Loyal On the Fourteenth of January the Lords Justices and Council issued a severe Proclamation against Pillagers and Vagrants that were not Listed under any Commander and on the Eighteenth published another Proclamation prohibiting Soldiers from returning to England without Licence on pain of Death And on the Twenty fourth of January there landed at Dublin the Lord Lieutenant's Regiment of Foot under Lieutenant Colonel Monk afterward Duke of Albemarle Sir Michael Earnly's and Colonel Cromwell's Regiments likewise of Foot and the Lord Lisle's and Sir Richard Greeâ—vill's Regiments of Horse which enabled the Lieutenant-General Ormond with Two thousand Foot and Three hundred Horse to march out into the Country where he burnt Newcastle and Lyons and got a cosiderable Booty at the Naas and by this Joâ—â—ny removed the Enemy farther off See this Proclamation Burlace Append 6. and on the Eighth of February the Government issued a Proclamation against the Rebels prizing Sir Philemy O Neal's Head at a thousand Pounds and the rest at proportionable Rates against which the Lords of the Pale framed a false and scandalous Protestation But it is time to return to Tredagh which by the importunity of those of the Pale was become the Rebels chief Aim and next to Dublin the chief Care of the State It was the principal Scene of Action during the Months of December January and February and therefore I have preserved the Relation of that Siege intire without mixing it with other Affairs Tredagh in Irish Drogheda in Latin Pontana is an ancient Walled Town situate on both sides the River Boyne and united by a Stone Bridge from which the Town derives its Name It is about two Miles in Circuit and about three Miles distant from the Sea It had neither Bulwark nor Rampire nor any other Fortification than an ordinary Ditch and the old Wall The Haven is not good the Entrance being very narrow and difficult by reason of a Bar in the Mouth of the Harbor which is not passable but at Full Sea and then especially on Spring-tides a Ship of Sixty Tuns may sail to the Key of Tredagh Finally This Town is Governed by a Mayor Aldermen and Sheriffs and is a County of it self and stands in a plain open fruitful and Champion Country To this Town came the Lord Moor with his Troop of Horse from his House at Mellefont upon the first notice of the Irish Rebellion even on the Twenty third of October about Midnight and being alarm'd by the dismal Stories of some which had escaped the Cruelties of the Rebels he caused the Mayor and Aldermen to be awakened and excited them to a speedy and vigorous Preparation for their Defence They promised fairly but acted slowly insomuch that altho' many hundreds of the Townsmen well armed used to appear on Muster-days yet now they could not get above Forty Men together and those but very ill armed but afterwards the Number encreased to Two hundred However this Noble Lord was not discouraged but having got some old Guns out of a Dungeon and Four more and some Powder out of a Ship in the Harbor he scowred the Ditch and repaired the Walls and mounted his Artillery and reviewed Captain Nettervill's and Captain Rockby's half Companies each consisting of Forty four Men of the Standing Army and did every thing else in his power that was necessary for the Defence of the Place Nevertheless finding that all this would not do without farther Succour he went to Dublin in a dark Night and effectually represented to the Government the Weakness and Importance of Drogheda and offered to augment his own Troop of Sixty to a hundred and to raise a hundred Foot at his own Charge But what he obtained was a Promise That Succours should be speedily sent And in the mean time Captain Seafoul Gibson had a Commission and Arms for a hundred and twenty Men which he raised in Tredagh in two Hours time and that very Night they were set on the Watch and were kept to so hard Duty that this Captain and the Lord Moor did watch Ten Nights together in their own Persons which was the more troublesom to them because they were frequently on every day especially at Church-time disturb'd with Alarms purposely made by the Popish Inhabitants to distract them And altho' the Lord Moor had the good Success in several Sallies and Excursions to kill Two hundred of the Rebels and to take Eighty Prisoners whereof Six only were hang'd yet the Popish Townsmen finding that no Supply was come to the Town nor as they thought likely to come and that on the contrary the Rebels had taken Dundalk and Drâ—miskin formed several Contrivances to give up the Town One Night when they design'd it they were prevented by a Rumour That the Protestants had re-taken Newry and another Night Captain Nattervill who had form'd his half Company to his mind and was in
thousand did again besiege it and tho' Captain Vaughan with One hundred Foot and Fifty Horse did kill Forty of the Enemy and raise the Siege yet the Place being so remote could not at all times be relieved and therefore by Order of Council was demolished But the Parliament of England were desirous to manage the War of Ireland by a Committee at least till the Lord Lieutenant should go over but the King opposed that as needless because the Lord Lieutenant was just then ready for the Voyage But whether it was thought that he would not be propitious to the Cessation and Peace with the Irish which were then in design or for what other Reasons he was delay'd it is hard to determine but this is certain That tho' he was always going yet he never went And indeed the Differences between the King and the Parliament were grown to that heighth that each Side prepared for War and at length it came to a Battel at Edge-hill that very day Twelve-month on which the Irish Rebellion broke out viz. 23 October 1642. And in this Fight the Loss seem'd equal and each Party boasted of the Victory whilst both of them were thereby hindred from sending necessary Relief to Ireland and so the unfortunate English suffered every where and were destroy'd by one another in the Civil War in England and by the Common Enemy in that of Ireland However the Parliament did not totally neglect Ireland but on the Fourteenth of October sent over Mr. Robert Godwin and Mr. Robert Reynolds Husbands's Collections 2 part 249. Two Parliament-men and one Captain Tucker from the City of London to inquire into the Condition of the Army and the State of the Kingdom and to see how their Money was disposed of They brought with them Twenty thousand Pounds in Money and some Ammunition and arrived safe on the Twenty ninth of October and on the Second of November presented themselves to the State and being received with Respect were placed on a Form behind the Council and sate covered They did good Service in Ireland and particularly gave great satisfaction to the Army that Care was taken for Pay and Supplies They also made a Book which contained a Subscription of most of the Officers in the Army to take Debentures on the Forfeited Lands for a certain Proportion of their Pay as believing they would fight the better and end the War the sooner if they were interested in the Fruits of the Victory as well as in the Quarrel But the King disliked that Course because it might take up so much of the Rebels Lands that would hinder all Hopes of a peace with them which His Majesty began to have some Hopes of and therefore several Officers well enough inclined to the Proposal omitted to subscribe and some that had subscribed desired to retract So that at length these Commissioners were so sharply threatned that they delivered up the Book to be cancelled Nevertheless they promoted the March of the Army to enlarge their Quarters which afterwards produced the Battel of Ross but some of the Cavalier-party looking upon these Commissioners as Spies procured a Reprimand to the Lords Justices for suffering them to sit covered in the Council-chamber and the King 's positive Orders for their Return which was performed the Twenty seventh of February to the very great prejudice of the Affairs of Ireland and to the great disgust of the Parliament of England In the mean time the Irish under their General Preston had besieged Ballynakill and Colonel Monk with Six hundred Foot and Two Troops of Horse was sent to relieve it He marched out of Dublin the Fifth day of December and upon his approach the Enemy withdrew from the Siege and politickly marched to a Place of Advantage between the English Army and Dublin Battel of Tymachoo to intercept them in their Return But the Rebels had not so much Courage as Cunning for tho' they were Fourteen hundred Foot and Three hundred Horse yet upon the loss of about Threescore that were slain upon the first Volley they basely ran away and left the Road open for Monk to march to Dublin In like manner Sir Richard Greenvill with Two hundred Horse and One thousand Foot on the Twentieth of January marched to raise the Siege of Athloan and carry Supplies to that Garison both which he effected but in his Return he was encountred by Three thousand four hundred Foot Battel of Raconell and Six Troops of Horse at Raconell in a place of great disadvantage to him Nevertheless he had the good fortune to defeat the Rebels with the slaughter of Two hundred and fifty of their Men and to take the General Preston's eldest Son and some other Prisoners But that which rendred this Victory the more valuable was an ancient Prophecy That whoever won the Battel of Raconell should gain all Ireland therefore this Victory troubled and discouraged the Superstitious Irish exceedingly But we must return to the Lords Justices who in November 1642. transmitted to His Majesty a Petition from the Confederates by the Name of The Roman Catholicks of Ireland desiring His Majesty to appoint Commissioners to hear their Grievances And accordingly a Commission was brought over by Thomas Burk one of the first Rebels and by him confidently delivered at the Council-Board to the admiration of the State It impowered the Marquis of Ormond the Earls of Clanrickard and Roscomon Sir Maurice Eustace and others to hear and report their Complaints and in order to it the Three last went to Trim where the Lord Gormanstown Sir Lucas Dillon Sir Robert Talbot and John Walsh the Confederates Agents on the Seventeenth of March 1642. presented a Remonstrance of Grievances which one truly calls an Infamous Pamphlet and contains so much false Reasoning and Arguments ex post facto and downright Untruths as clearly manifests That the Irish first resolved to rebel and then set their Lawyers and Divines on work to fish for Arguments to justifie or at least excuse it But there was an Answer printed 1644. entitled An Answer to the false and scandalous Remonstrance of the inhuman and bloody Rebels of Ireland which sufficiently confuted all their vain Pretences and both of them being essentially necessary to this History are in substance added Appendix 5 6. But this Remonstrance met with better Fortune in the Irish Parliament which sat the Ninth of April for the English were then unluckily dividing into the Factions of Protestant and Puritan and some of the former very unwisely to back their Arguments against that Remonstrance compared it with the Scots Covenant which engendred such Heats in the House that the Parliament was prorogued to the Sixth of May 1643. However the Protestant Army did not neglect to sollicit their Affairs in England but by their Agents Sir James Mongomery Sir Hardress Waller Colonel Hill and Colonel Mervin they Addressed first to the Parliament to whom the King had committed the Care of Ireland and afterwards
Attempt upon Cappoquin but were on the Twenty Seventh of June repulsed thence with Loss and on the Second of July the Earl of Castlehaven met with the same Fate at Lismore and then marched towards Leinster And on the First of July Colonel Myn beat the Irish on the Plain on the Northside of Tymoleague River and soon after took the Castles of Tymoleague Aghamilly and Rathbarry But in Connaught the Protestant Affairs were in a worse Condition for tho' they made a shift to repell the Incursions of Owen Roe and at lenghth to drive him out of that Province yet in August the Fort of Gallway was surrendred to the Irish whereupon the Rebels marched to the Siege of Castlecoot to which the Town of Gallway contributed Three hundred Pound and altho' the Irish had Notice of a Cessation by a Messenger sent on purpose yet they imprisoned him as a Spy and shot the more furiously against the Castle ☞ until at length perceiving their Labour was in vain they claimed the benefit of the Cessation to secure their retreat And in Ulster I find no other Account than what Monroe gives in his Letter of the Twenty third of May viz. that with Two thousand Foot and Three hundred Horse he did beat Owen Roe and his Son and Sir Phelim O Neal being joyned together with their Forces and compelled them to return to Charlemont after quitting the Generals House to be burnt and spoiled by them with all the Houses in Loghgall being the best Plantation in Ulster and the straightest for defence of the Rebels Peview 81. only that my Lord of Castlehaven says that Colonel Mervin and Sir Theophilus Jones and the English had a hand in this Victory and so we are come to the Treaty of the Cessation which was managed in this manner On the Twenty third of June 1643. the Irish Commissioners viz. the Lord Gormanstown the Lord Muskery Sir Lucas Dillon Sir Robert Talbot Tirlogh O Neil Geoffery Brown Ever Macgenis and John Walsh presented themselves unto the Marquess of Ormond in his Tent near Castlemartin his Lordship sitting in his Chair covered and they uncovered his Lordship told them He was come according to their Desires and expected their Propositions in writing and the next day they desired a sight of his Commission alledging that they were ready to shew theirs and give a Copy and since no Body was named in the Kings Commission but his Lordship and their Authority was likewise to treat with him only they desired The Negotiation might be kept secret and concealed from all others till the matter be fully concluded To which the Marquess replyed That for the way of proceeding he was by his Majesty trusted therewith and should do nothing therein but what he conceived to be fit then having received a Copy of their Commission and sent them a Copy of His Majesties Letter of the Third of May 1643 and Promised them upon conclusion of the Treaty a Copy of his Majesties Letter of the Twenty third of April 1643 they tendered Propositions and having agreed that the time of the Cessation should be a Twelvemonth the Marquess proposed that they would first declare what they would contribute towards the support of His Majesties Army during the Cessation to which they Answer That when they know what they have to give they assist His Majesty according to their utmost Abilities as upon all occasions they have heretofore done The next meeting was at Siggingstown where on the Twenty eighth of June they declared That the Cessation being first agreed upon they will treat of Supply and not before on the Twenty ninth the Marquess not admitting the Name or Title attributed by the Commissioners to their Party nor the Protestation That they took Arms in defence of their Religion His Majesties Rights and Prerogatives and the Liberties of this Kingdom and no ways to oppose His Majesties Authority gave an Answer in writing to their Proposals and Tacked to it Four demands viz. 1. For supply 2. A Declaration how far the Quarters of each Party extended 3. For Caution of Payment of such Supply as they should Promise And 4. That all Castles Towns Forts and Houses that may be taken during the Treaty should be restor'd on the Cessation Hereupon the Treaty was adjourn'd that the Commissioners might consult their Principals and then 12 July from Kilkenny they answer to the First That 't is not warranted by His Majesty's Letter however on the Conclusion of the Cessation they will do what is fit To the Second They agree to settle that Point To the Third That a Free Gift needs no Caution and for performance of Articles they will agree to an Equal Course at Meeting And to the Fourth if reduc'd to Particulars they will answer it at the next Congress On the Fifteenth of July Ormond writes to them That tho' their Answers are neither so particular nor so satisfactory as he expected yet he design'd to meet them but that his necessary Attendance on other Business prevents it which being over they shall have timely notice of a Day of Meeting To this on the Nineteenth of July the Irish Commissioners reply That they are loth to give an ill Construction of this Delay until they know of that Service that taketh place of This but must take notice that they meet in These as in all other Proceedings whereby they may have any expectation to enjoy the Benefit of His Majesty's Grace and Favour some Interruption and Slackness in conveying any part of His Good Intentions to His Faithful Subjects the Catholicks of Ireland which they may add to their other Grievances and will endeavour in discharge of the many Harms which may ensue by reason of this Protraction to have it rightly represented to His Majesty To this smart Reply Ormond on the Twenty first of July return'd this Answer That he was not accountable with the Knowledge of any of his Majesty's Services wherewith he had the Honor to be intrusted to any but His Majesty That nevertheless they were not ignorant of the Cause of that Interruption since their General Preston with their Forces approach'd so near as Castle Carbery in the County of Kildare But on the Fifth of August the Lords Justices Borlace and Titchborn together with the Marquis of Ormond sent the Commissioners a Letter importing That they had received His Majesty's Letter authorizing Them to conclude a Cessation for a Year and that pursuant to it Ormond would meet the Commissioners at Sigginstown on the Seventeenth of August and proceed where he left off But afterwards at the desire of the Confederates Note In the New Commission Lord Gormanstown was omitted and Nicholas Plunket and Sir Richard Barnwall were added their Commissioners being dispersed the Meeting was appointed the Twenty sixth of August and then insisting upon the Title Name and Protestation aforesaid they give a Reply in Writing to the Answers formerly given by the Marquis On the Twenty eighth of August
suffer the Right of the Crown to be destroyed by any way but shall Lett it to your power and if you cannot Lett the same you shall certifie His Majesty clearly and expresly thereof you shall give your true and faithful Council for the King's Majesty's Profit and his Highness's Council you shall conceal and keep All other things for the Preservation of His Majesty's Realm of Ireland the Peace amongst His People and Execution of His Justice according to His Majesty's Laws Usages and Customs of His Highness's Realm you shall perform and do to your power So God you help and by the Contents of this Book The Lord Lieutenant did immediately set himself to reform the Army and reduced his own Troop to 40 and Lucas and Armstrong's Troops to 30 each and the other two Troops to 25 each so that he had in all but 150 Horse and 2000 Foot and to maintain these he was forced to revive the Excise and to lay a Tax of 3d. per Acre throughout that part of the Pale under his power and to seize on some Debts and Tobacco belonging to the Londoners and on the 16th of March he issued a Proclamation to prohibit Outrages and Robberies on pain of Death And thus Matters stood in Ireland at the end of the Year 1643. Nor can we open the following Year with a better Scene than a Session of Parliament 1644. which was held at Dublin on the 17th of April and the very next day the Speakers of both Houses issued Letters to the Officers of the Army strictly prohibiting them from taking the Solemn League and Covenant and in those Letters they took notice of the Lords Justices and Councils Proclamations of the 18th of December 1643 to the same effect And on the 20th of May the Government issued a Proclamation to free from Customs and Impositions for 6 Months all Goods and Commodities that shall be imported for the Relief of the Army into Dublin Drogheda Carlingford Dundalk Cork Youghall or Kinsale But we must leave Ireland for a while and adjourn to Oxford which was the Theater on which the Affairs of that Kingdom were for the present transacted and therefore the Negotiations there shall be handled together and they happened in this manner The Cessation being made as hath been already related the Confederates chose the Lord Viscount Muskery Sir Robert Talbot Dermond mac Teig O Brian c. As their Agents to sollicite the King in England about the Terms of a Peace and the Lords Justices did likewise as from the Council-Board send Sir William Stuart Sir Gerard Lowther Sir Philip Percival 1643. and Justice Donelan to whom Sir George Ratcliff and Sir William Sambach being then at London were added But the Protestants not knowing of this last or not thinking that these Agents would effectually insist upon Their Sense of Affairs or were prepared to prove their Grievances Did on the Sixth of October meet at the Earl of Kildare's House and agreed upon a Petition which they preferred to the Lords Justices and Coâ—ncil desiring leave for their Agents to repair to the King and that the Irish Agents might not be heard till they should arrive and that Care might be taken to continue the present Parliament which by Change of one of the Lord Justices was in Danger of being dissolved To which on the Twelfth of October they received a favourable Answer That they the Lords Justices had taken care to send Protestant Agents to the King to assist in the Treaty and that nevertheless they would transmit a Copy of the Petitioners request to His Majesty and if His Majesty would License their Departure they would not hinder it But the Protestants knowing that even of late time Agents had gone to the King without such special License from His Majesty they did on the Fourthteenth of October proceed to the Choice of Four Persons fit to be employed and prepared a Petition to the King and then Petitioned the Lords Justices and Council To transmit that Address to His Majesty and to License their Agents to repair unto him to England and on the 19th the Lords Justices answered That they had signified their former Petition to his Majesty and had importuned Secretary Nicholas for a speedy Answer which the Petitioners ought to expect and that in the mean time they would not hinder the Agents from going when they pleased but could not recommend them to the King until His Majesties Pleasure were known The Lord Chancellor Bolton took an Exception to the Copy of the Petition that it was not signed as the Original was which Nicety was soon answered by transcribing the Names of the Subscribers but the Earl of Roscomon Sir James Ware and one other who had signed the first Petition went farther and entered the following Protestation concerning it The Sense of divers of his Majesties Protestants Subjects who have Signed to the late Petition directed to His Majesty SUffering under the Mis-construction of Our Petition We hold it fit to declare that We exhibited not the same through want of Assurance of His Majesties Care of the Protestant Religion and of his Subjects nor yet to divert any Supplies that may be drawn from hence against such as in his Kingdom of England have taken up Arms against him but meerly in Right to Gods Cause and in Our Right humbly to inform His Majesty when the Irish Agents repair unto him if the said Agents shall endeavour to surprise or prejudice Us in either this is the Commission We give and if any Person or Persons imployed by Us shall go further or otherwise busie themselves to the disturbance of His Majesties Service against such We do and shall protest as being in Our Intentions no Parties thereunto which as it may serve to vindicate our Faith to His most sacred Majesty so it may shew how Causeless the Jealousies are of this Address to him And thus it stood till January when His Majesties Letter of the Sixth of November arrived and thereby License was granted to the Petitioners to send their Four Agents whereupon the Petitioners chose Sir Charles Coot and Captain William Parsons to be added to the Four they had pitched upon before and presented their Names to the Lord Lieutenant and on the Seventeenth day of February following the Commons of the Irish Parliament approved of what the Petitioners had done and declared their Concurrence therewith whereupon the Petitioners moved the Lord Lieutenant and Council for a recommendation to His Majesty both of their Cause and Agents and being demanded they produced their Instructions which were rectified as is mentioned Appendix 22. and then they were informed that it would gain them favour with the King if they carried over their Companies with them except Sir Charles Coot's which was in Conaught but Captain Parsons his Troop chose rather to be disbanded then to go over to Fight against their Countrey-men but Captain Ridgway's and Sir Francis Hamiltons Companies were Transported under their
Lord George Digby That the Protestant Forces that came from Munster were much dissatisfied that the Protestant Agents from Ireland received so little Countenance His Lordship answered That the greatest Kindness he could do them was to call them Mad-men that he might not call them Roundheads for putting in such mad Proposals And he desired to speak with some of them but they refus'd to come to one that had expressed so much Prejudice against them On the Ninth of May these Agents were ordered to attend the King and Council which they did and His Majesty told them They were sent by His Protestant Subjects to move Him in their behalf and desired to know in what Condition the Protestants of Ireland were to defend themselves if a Peace should not ensue They answered That they humbly conceived they were employed first to prove their Petition and to disprove the scandalous Aspersions which the Rebels have cast upon His Majesty's Government and the Protestants of Ireland The King replied That it needed not any more than to prove the Sun shines when we all see it They answered That they thought His Majesty was not satisfied but that those of the Pale were forced into Rebellion by the Governors The King said That was but an Assertion of the Irish and then He renew'd His former Question about their Condition to resist if a Peace did not ensue The Agents desired time to answer but the King told them He thought they came prepared to declare the Condition of the whole Kingdom and asked them Would they have Peace or no The Agents answered They were bred up in Peace and were not against it so that it might stand with His Majesty's Honor and the Safety of His Protestant Subjects in their Religion Lives Liberties and Fortunes Then the Lord Digby interpos'd and said That the Agents desir'd a Peace Yes says the Duke of Richmond and Earl of Lindsey provided it consists with the King's Honor and the Protestants Safety And I would rather says the King that they should have their Throats cut in War than SUFFER by a Peace of my making but I will take Care the Protestants of Ireland shall be secured And then His Majesty told the Agents they should have a Copy of the Irish Proposals and Liberty to answer them but that they were to consider of Two things First That He was not in a Condition to relieve them with Men Money Ammunition Arms or Victuals And Secondly That He could not allow them to joyn with the New Scots or any others that had taken the Covenant The Protestant Agents having got a Copy of the Irish Propositions did on the Thirteenth of May present to His Majesty a full Answer to them recited at large Appendix 23. This Answer being read the King asked Whether they had answered according to Law and Justice or prudentially with respect to Circumstances The Agents replied That they looked upon the Rebels Propositions as they appeared to them destructive to His Majesty His Laws and Government and His Protestant Subjects of Ireland Whereupon the Earl of Bristol interpos'd and said That if they asked what in Law and Justice was due from the Rebels their Answer was full but that the King expected from them what was prudentially fit to be done seeing the Protestants are not in a Condition to defend themselves and the King will not admit them to joyn with any Covenanters The King also asked What would become of the Protestants if the Irish Agents should break off the Treaty which 't is feared they will do if their Propositions for the most part are not yielded unto To which the Agents replied That the Rebels might be brought to better Terms if they were held to it and that they were assured the Lord Muskery refused to come with limited Instructions but would be at liberty to do as he should see cause Whereupon they were ordered to withdraw But the Protestant Agents hearing that Sir Robert Talbot and Dermond mac Teig O Bryan had left Oxford the Twelfth of May and that the Lord Muskery and the rest departed thence the 22th addressed themselves to Secretary Nicholas to know if His Majesty had further Service for them and thereupon on the Thirtieth of May they kist the King's Hand and were told by His Majesty That he had written to the Marquis of Ormond concerning the Protestants of Ireland and that He would use His best Endeavors for them there as He did for Himself here and said He meant His good Protestant Subjects and not Covenanters or their Adherents And thus Reader you have the Secret of this Great Transaction whereby you will perceive That the Irish Agents filled with the Contemplation of their own Power and the evil Circumstances of His Majesty's Affairs thought that the King would purchase their Assistance at any Rate and therefore insisted upon such exorbitant and unreasonable Demands as would have subverted the Laws and Constitution of the Government and would have rendred the Protestant Religion at most but Tolerated and that it self but poorly and precariously On the other side the English Agents did not fail to chastize this Vanity and to mortifie the Confederates with a Scorn and Contempt both of their Conduct and Courage They represented to the King That the Rebels got more by the Cessation than they could do by the War In fine they press'd the Execution of the Laws and demanded Reparation for Damages sustained during the Rebellion and desir'd that the Irish might be disarm'd and reduced to a Condition of not Rebelling any more The Commissioners from the Council would gladly have moderated these matters but they found there was no trust to be reposed in the Confederates and the Irish would not agree to any other terms than what continued the Power in their own hands so that the English should have no other security of their future Tranquility but the Honour and Promise of the Rebels It was very difficult to reconcile these Jarring and Differing Interests and indeed impossible to do it in England and therefore the Irish Agents who were men of Parts and Address having cunningly insinuated to the King That they believed that their Principals when truly informed of His Majesty's circumstances would comply with them so far as to moderate their Demands to what His Majesty might conveniently grant and promised they would sollicite them effectually to that purpose prevailed with His Majesty to send over a Commission under the Great Seal of England to the Lord Lieutenant to make Peace with his Catholick Subjects upon Conditions agreeable to the Publick Good and Welfare that might produce such a Peace and Union in Ireland as might vindicate his Royal Authority there and suppress those in Arms against him in England and Scotland and he also sent Instructions to continue the Cessation for another Year This Commission came to the Lord Lieutenant on the 26th of July but in regard the Confederates chose a Clergyman I suppose the Bishop of
came thither and watched three days yet none of the Irish Commissioners appeared except only Hugh O Conner who had no Power to Act singly and tho' the Lord Lieutenant had ordered the Irish to send some Beeves to the Garisons of Conaught towards their Subsistence yet did they likewise make such unreasonable Delays in delivering those Beeves being but 200 in all that many of the Soldiers were Starved to Death for want of them and when mere necessity occasioned by the Delay aâ—d Non-performance on the Irish side compelled any of the English to take a Sheep or a Cow presently Complaints were made to the Lord Lieutenant as if the Cessation were broken or as if the whole Country were up in Arms whereupon Orders were issued bearing date the Eighteenth of March and Twenty ninth of March to examine the Irish Complaints against the Garisons of Conaught and particularly against that of Castlecoot and more especially about their Combination with Captain Cambell an Irish Scot and their casting of Ordnance which the Confederates objected against them and accordingly the English Commissioners repaired to the place appointed but the Irish came not the First day and the Second day when they did come they pretended they were not prepared not had a sufficient Commission to proceed then but desired to adjourn to Thursday in Easter week at Roscomon which was agreed to but when that day came the Irish Commissioners did not appear but sent a Letter That Roscomon was not a fit Place and desired to meet at Balmtober near which place their Army lay but the English Commissioners resenting this Third disappointment scorned to make any more Assignations with them well knowing that there was no ground for their Complaint but that it was all Contrivance and Clamour But on the Twenty seventh of April 1641. a Warrant issued to make Henry Viscount Willmot and Thomas Viscount Dillon and the Survivor of them Lords President of the Province of Conaught except the County and Town of Gâ—â—way the Government whereof with Ten Shillings per diem was Granted to the Lord of Clanrickard But it happened not long after 1644. that Major Ormsby being Garisoned in Tulsk which place belonged to Mr. Lane afterwards Lord Lanesburough the Proprietor demanded the House which could not be justly refused him tho' his Right was unseasonable insisted upon at that time because Ormsby had done good Service and was very troublesome to the Irish But the Major perceiving that he must turn out and having no other Convenient place to carry his Soldiers unto he cunningly declared against the Cessation and kept Correspondence with those of that Faction in Ulster and hereupon he preyed upon the Irish to that Degree that his Garison lived whilst most of the rest of the English were Starving insomuch that as many as could did flock to him whereby the other Garisons were left almost empty and so he continued until the Earl of Castlehaven forced him to submit to the Cessation as that Lord wries in his Memoirs but I believe he continued so until his Castle was taken by the Lord Taaf Anno 1645. And as to Ulster 1643. the Scots and all those that had taken the Covenant or were inclined to take it were very much dissatisfied with the Cessation Monroe complained to the Lords Justices That the Scots who were by the Agreement to be paid every Three Months were now Eighteen Months in Arrear and therefore it was hard to put them off with a Cessation however he Promises to avoid Hostility until the Earl of Leven his General be consulted but the Supream Council were so netled at Monroes aversion to the Cessation That they on the Fifteenth of October wrote to the Lords Justices That seeing the Scots continued their Outrages and would admit of the Cessation no farther than stood with their own advantage whereby the Confederates were diverted from assisting the King they who could not accuse themselves of any one hollow thought and detested all subtil Practices and cannot think of serving two Masters or of standing Neuter where their King is Party do desire that none may reside in the Kingdom but good Subjects and that by the joynt Power of such the Opposers or Breakers of the Cessation may be chastised and that till that can be done their Proceedings in Prosecution of them may not be interpreted a Violation of the Truce But in the beginning of the Year 1644. 1644. Monroe published that he had a Commission from the Parliament of England and the Council of Scotland to govern the Province of Ulster whereupon the Lords Mongomery and Blany Sir James Mongomery Sir Robert Stewart Colonel Hill and the Majors Rawden Jones and Gore came to Colonel Chichester at Belfast to consult what was fit to be done but the next Morning being the Fourteenth of May Monroe surprized the Town because Colonel Chichester had made Proclamation against the Covenant which was a little before this time imposed by Order of Parlament and had refused to admit any Scots into the Garison and had sent a Convoy with Colonel Steward and Colonel Seaton Agents to the King and had discountenanced all that were affected to the Covenant or to Monroes Party However Monroe distributed Victuals out of the Magazine to Colonel Chichesters Regiment and quartered them in the adjacent Villages until a little after they went to Dublin and he also wrote very civilly to the Lord Lieutenant but would not restore Belfast according to his Order In the mean time Owen Roe being weakned by the defeat already mentioned and the opposition he still met with from the British in the beginning of Winter left his Troops and Creaghts to shift themselves and came to the General Assembly at Waterford to desire assistance affirming that otherwise he must be forced to retire into the other Provinces Hereupon the Assembly appointed Six thousand Foot and One thousand Horse and Dragoons under the Command of the Earl of Castlehaven to joyn with Four thousand Foot and Four hundred Horse which Owen Roe had promised from Ulster And that nimble General having some time to spare did by the Commands of the Supream Council march part of his Forces to Conaught Memoirs 45. and compelled Burk of Castle Carrow and the Lord Mayo at Castlebar to submit to the Cessation and having done the like to the Ormsbey's in the County of Roscomon he went to his Rendezvouz at Granard about Midsummer 1644. Owen Roe being at the same time near Portlester but hearing that the Enemy approached he was glad to retreat towards Portlester and having left 600 Foot and One hundred Horse to Guard the Bridge of Feynagh over the Jany which had a Castle on his side he thought himself pretty secure but the Scots marched on and the ignorant or as this Earl of Castlehaven styles him the unfortunate Colonel whose business it was to Guard the Pass sends out his Horse to Skirmish having learned from his General That
their Parties had commonly the Better tho' their Armies had commonly the worse in all Encounters Review 84. but there is no General rule without Exception so this Party of Horse was lost and the Foot thereupon quitted the Castle and Bridge and ran to find out their General who was securely posted amongst the Rivers and Bogs in Westmeath where the Scots faced and braved him but for want of Provisions could not stay long enough to do any great Prejudice nevertheless they hanged Nugent of Carlestown and burnt his House Upon the retreat of the Scots Castlehaven says that he followed them to Dromore and tells some fine Stories to his own Credit but the issue is that with much ado he got home again Owen Roe having failed of his promised Assistance In the mean time In July the Marquess of Antrim â—ound means to send Two thousand five hundred Irish to Scotland to joyn with Montross that so by giving the Scots Employment in their own Country he might divert them from sending Recruits into Ireland And it is to be noted that the Confederates did both send and receive Ambassadors to and from foreign Princes viz. They sent to France at several times Mr. Rochfort â—ather Mathew Hartegan Colonel Fitz Williams and Mr. Geofry Baron and received from France Mr La. Monarie Mr. Du Moulin and Mr. Talloon they sent to Spain Father James Talbot and had from thence Mr. Fuysot the Count of Beerhaven i.e. O Sullevan Beer and Don Diego de la Torres they sent to the Pope Mr. Richard Beling and afterwadrs the Bishop of Fernes and Mr. Nicholas Plunket and the Pope sent them first Peter Franciscus Scarampo and afterwards his Nuncio the Bishop of Firmo And therefore it is fit I give the Reader some Account of their Negotiation which I shall as I have information and opportunity and for the present shall feast him with some Extracts out of Father Hartegan's intercepted Letters who in November 1644. wrote to the Supream Council to the Effect following viz. That my Lord Abbot Mountague said to him in his Ear that he should write to your Lordships not to trust most of the English even the very Catholicks who have more National then Religious Thoughts That the Queen talking of Ormond said it was hard to Trust Believe or Rely upon any Irish-man that is a Protestant for every such Irish-man that goes to Church does it against his Conscience and knows he betrayes God That Clanrickard had something of Essex his Brother-in-Law otherwise he should be for the Catholicks which are known to be faithful to the King whereof no Man doubts now That he should know all little Passages Resolutions and Things that pass daily in Dublin Ulster and Cork and you should write the words uttered by Ormond Clanrickard and Insiquin even when they are at Table and in Conversation That you shall have Succours to prevent your inglorious falling to Peace and Rome and France will dispute who shall contribute most to you so that you may see Father Wadding and I do not sleep in your Affairs That Clanrickard Robs more from the Catholick Party than the Villanous Scots That the King is easie and not to be trusted That the Confederates are backward in declining the Old English That if they had Gallantry they might expect a Temporal Crown in reward That Castlehaven is more Nationally then Religiously inclined That Ormond is a Viper and an Idolater of Majesty That the Queen will be cast upon the Irish and therefore advises them to Play the cunning Workmen to take measure of her But we need say no more of this Embassador than what the Queen observes of him in her Letter to the Lord Digby Husbands 2 part 833. viz. That many things he hath written are Lies In England the Lord Macguire and Macmahon were brought to their Trial and found Guilty Condemn'd and Executed at Tyburn but because Macguire was a Peer of Ireland it was made a Question Whether he could be Tried in England for Treason committed in Ireland since thereby he lost the Benefit of his Peerage And tho' it seems to me that the Point had been formerly determin'd in the Case of the Lord Leonard Grey who was Viscount Grany yet it held a long Debate and there being many Curiosities in that Trial I design to add it by way of Appendix unless this Book grow too Voluminous for such an Addition And in January began the Treaty of Uxbridge where the King's Power to make the Cessation was denied both because of His Delegating the Management of the War to the Parliament and because of the Interest of the Adventurers To which it was answered That the King by authorizing the Parliament did not exclude Himself There were also reciprocal Accusations and Recriminations from each Party to the other which are too tedious to be here recited and therefore I refer the Reader for them to Dugdale's View of the late Troubles where he may find them at large Nor is it to be omitted that even whilst this Treaty was in agitation and in order to it the Treaty with the Irish was in effect superseded a certain Irish Lord was no less unseasonably than importunately pressing His Majesty to be made a Privy-Counsellor and to have a Custodium granted him of Sir Robert King's Estate tho' either of these being granted and divulg'd would have dash'd in pieces all Hopes of Reconciliation between the King and Parliament So little did they consider the King's Interest when it stood in competition with their own And when I have added That the Confederates did publish a Declaration of the Terms upon which Protestants might live within their Quarters which is to be found Appendix 11. and that the Citizens of Dublin being numbred on the Eighth of August were found to be 2565 Men and 2986 Women Protestants and 1202 Men and 1406 Women Papists I have inserted all that I think material for the Year 1644. The Year 1645. could not begin better than in reviving the Treaty of Peace which was then reassumed if the Confederates had proceeded candidly and sincerely therein but they perceiving that Ormond would never be prevailed upon to grant them the Terms they desir'd did keep this Treaty on foot to cover their other Designs and in the mean time by their Agent Colonel Fitz-Williams they propos'd to the Queen That if Her Majesty would prevail with the King to condescend to the Just Demands of the Irish at least in private that then they would assist His Majesty with Ten thousand Men. Whereupon the Queen either through Her Indulgence to Popery or to purchase so considerable Aids for the King did promise Her utmost Endeavors to effect their Desires and accordingly She sent Sir Kenelme Digby to Rome where he made the Articles recited at large Appendix 26. which nevertheless had no effect because the * * Vindiciae eversae 48. King could not by any means be brought to confirm them And She
Prisoners but he had not so good luck in his next attempt for a Party of his going to plunder the great Island were by Major Power who had not at first above 30 Horse but afterwards was reinforced by two Companies of Foot so handled that they left five hundred of their Companions dead upon the place however he afterwards took Castle-Lions Cony-Castle and Lismore which last place was bravely defended by the same Major Power and 100 of the Earl of Cork's Tenants to the Slaughter of 500 of the Besiegers until their Powder being spent they surrendred upon honourable Conditions After this Castleâ—aven went to besiege Youghall a weak and untenable place and lay before it many weeks and having received several considerable Baffles by the handful of Men that were within the Town he was at last forced to raise the Siege and close the Campagne with that misfortune And thus Matters stood in Munster till the latter end of the year at which time Inâ—iquin sent 500 Foot and 100 Troopers to seize upon the Castle of Bunratty which they performed and there found Horses enough to mount their Cavalry And as for Conaught it was under a Triumvirate of Presidents the Lord Dillon of Câ—stilo was the King's President and Sir Charles Coot was the Parliaments and the Titular Archbishop of Tuam was commissioned by the Confederates But Coot was too hard for both his Rivals and being united with the Lagan Forces under Sir Robert 〈◊〉 Colonel Awdly Mervin c. they made up in all 〈◊〉 Regiments with which they marched through Conaught and burnt the Country to within 6 miles of Galloway without meeting an Enemy in the Field they also took Sligo with the loss of Twenty of their own Men and the Slaughter of One hundred and twenty of the Rebels and Colonel Mervin being chosen by a Council of War to be Governour of Sligo as he well deserved was nevertheless by means of the Scots put by that Command which was given to Sir Robert Stewart whereupon Colonel Mervin came away discontented and notified to the Lord Lieutenant his Design of adhering to the King Hereupon the Confederates gave the Lord Taaf the Command of an Army to relieve Conaught and he issued forth a terrible Declaration That whoever did not submit to his Majesties Commission conferred on him within two days after Notice should be treated as an Enemy and on the 4th of August he summoned Castlecoot which returned this Answer That they neither broke the Cessation noâ— used Hostility at any time but when the Irish began That their misbehaviour forced them to correspond with the Scots whom they did not know or believe to be declared Enemies of the King That they would always submit to the Kings Pleasure but may not in any sort confide in such breach of Faith at they always find from the Irish Nation to their Party and instanced the burning of their Hay even then in the time of the Treaty and they desire a Copy of his Commission which his Lordship pretended was from the Lord Lieutenant And so his Lordship finding no good to be done upon Castlecoot at that time marched to Tulak which he took by Assault the 17th of August and having besieged Abby Boyle in vain after the Garison for their better defence were forced to burn the Town he agreed that upon an Oath of Fidelity and to observe the Cessation they should be no farther molested and the like Agreements were made with the Castles of Cambo and Lissidarne and it seems that afterwards the Irish Army returned to the Siege of Castlecoot and forced it to surrender about the 10th day of September In the mean time 1645. on the 16th of August the Bishop of Elphin and his Son Captain Tilson by Letter submitted to the Lord Dillon President of Conaught and on the 19th the Lord President at the Head of the Army came thither accompanied with the Lord Taaf and told the Bishop that Captain Tilson and his Foot Company must quit the Castle of Elphin within two hours and tho' they offered to take any Oath of Fidelity to His Majesties Service and the Bishop offered to stand obliged for the performance of what they should Promise or Swear yet all would not do but the Lord President and Lord Taaf having at length condescended to Sign some Articles for their Security they marcht out of the Castle into the Village and the Lord President and his Guard lodged in the Castle that Night and afterwards left it under the Command of Captain John Brown who admitted Boetius Egan the Titular Bishop of Elphin into the Castle on the 7th of September being accompanied with Sir Lucas Dillon and they made a Guard for the Bishop on the Knee from the Gate to the Church where the Bishop Rung one Bell and one of the Six Fryars accompanying him Rung another I suppose by way of Livery and Seizin they also burnt Incense and sprinkled Holy water and the next day being the Nativity of the Blessed Virgin they said several Masses in the Cathedral Church and the Bishop preached there and he was so vain and confident in his present Possession that he sent word to the Protestant Inhabitants That if they would continue his Tenants he would use them no worse than the former Bishop had done But that which the poor Bishop Tilson complained of in his Letter the 29th of December to the Lord Taaf is That none of the Conditions made with him and his Son were observed but that the Titular Bishop kept his Books and some of his Goods and turned out his Servant so that he was damnified to the value of Four hundred Pounds and it appears by another Letter of the Bishops that when the Titular Bishop was urged with the aforesaid Agreements and Articles He reply'd That that was past and out of date Upon complaint of these Matters to the Lord Lieutenant and that the Irish refused to permit the Clergy of the Diocess of Elphin to Levy any of their Dues alledging that the Bishop was outed by His Majesties Commission his Excellency did send positive Orders to restore the Bishop to the Castle of Elphin but in vain for the Lord President writes back That he had used his utmost indeavours with the Lord Taaf but could not prevail because of some Dangers he pretended from Sir Charles Coot and the Scots In the mean time the Titular Archbishop of Tuam was not idle but with Two thousand Foot and Three hundred Horse he surrounded and endeavoured to retake the Town of Sligo but there being about Two hundred Horse got into the Town under Captain Richard Coot and Captain Cole they Sallied out on the 17th of October and being well Seconded by Colonel Sanderson and a good Party of Foot they got a considerable Victory and by the help of Sir Francis Hamiltons Troop which came in the nick of time they did great Execution the Archbishop himself was slain and all the Baggage was taken
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
Parliament take Advantage to incense the English against the King Queen and Prince if we should shut all our Doors against them That the Pope has sent the Irish Forty Thousand Pistols and Mazarine will send Six Thousand more c. These Letters being read Mr. Baron said his Embassy was on two Points First To excuse the not sending Three Thousand Men to the King of France according to Promise which he had done to Content and the second was to sollicit Aids from the Queen which at first she promised sufficient to bring the War to the wished Period but at the second Audience she was quite off from it being so persuaded by her Protestant Councillors And that Cardinal Mazarine sent them Twelve Thousand Livres which is all he could procure The year 1647. 1647. began with the * * March 30. Arrival of Colonel Castle 's Regiment which was sent by the Parliament to the Marquis of Ormond's Assistance and was followed by Colonel Hungerford's * * April 30. Regiment and Colonel Long 's and by the Commissioners themselves who landed the 7th of June and brought with them 1400 Foot and 600 Horse and immediately they proceeded to the Treaty which was on the 18th of June concluded on the Articles mentioned Appendix 39. And the same day the Marquis of Ormond Extrema necessitate compulsus says Mr. Beling page 47 surrendered Dublin Tredagh and his other Garisons unto them but kept the Regalia until the 25th of July and then delivered up them also and went to England This Action of the Marquis of Ormond's hath some Resemblance to that of King Henry the 7th in marrying his eldest Daughter to the King of Scotland they were both Actions of great Foresight and Prudence and as the later hath united Scotland to the rest of Great Britain so the former hath preserved Ireland in obedience to the Crown of England and therefore the Confederates especially the Nuncio Party whose Designs were diametrically opposite to that which happened do hate the Name of Ormond above all others and have written * * Deserter of Loyal Friends by Bishop of Fernes and Vindiciae eversae by John Ponse and the bleeding Iphigenia c. Volumes of Scandals and unjust Reproaches against him for preferring the English before the Irish whom they call his own Country-men But we must look back and see what the Confederates did to prevent this Agreement with the Parliament and in truth they did but little of themselves for their Talent was greater in breaking Articles of their own making then those that were made by others I cannot find they did any thing more than send a Letter of the 28th of March to Invite the Lord of Dunsany and Sir Nicholas White to a Conjunction with them and with part of their Army besiege the Castle of Carlow on the 18th of April of which last Ormond immediately sent notice both to the Lord Lisle in Manster and to Monroe in Ulster in hopes that they would make some Excursions to save the place by Diversion which they could not and so it was surrendered upon Articles But there happened a lucky opportunity if they would have embraced it of making a Peace with the King notwithstanding that some of the Parliament Succors were arrived for the Parliament Commissioners when they came over brought Bills of Exchange that were not authentick and in the mean time Winter Grant a Papist and a subtile Man was sent over to Ireland by the Queen to hasten a Peace if possible and his Instructions in order to it were to be varied used or rejected as the Lord Lieutenant upon the place should think fit and to deliver or suppress the Letters he had to the Nuncio and to the Confederates as Ormond should advise by whom he was to be governed in all things and he brought with him 14 Blanks to be filled up as the Lord Lieutenant should please and he was to know Ormond's Opinion whether the Prince should come to Ireland or not Hereupon Winter Grant on the 15th of April went to the Supreme Council with Directions to promise the Confederates That if they agree to a Cessation the Lord Lieutenant will not receive any more of the Parliament Forces in three weeks from the 18th Instant but they would not consent to so short a Truce but on the 10th of May they did write That they must insist on the Propositions of the Congregation at Waterford but are willing to make good the Propositions made by Dr. Fennel and will readily assist to preserve Dublin for the King against the Parliament And it seems they had wrought upon Winter Grant for he by his Letter of the 13th of May presses the Conclusion of the Peace and offers that the Irish Armies shall drive back the Parliamentarians But to these Instances Ormond returned this Answer to Mr. Grant on the 15th of May That the two first of Dr. Fennell's * * See them ante Page 185. Propositions are fit between Neighbouring Princes in a League Offensive and Defensive but not between Subjects and their King and that there is no possibility of a Peace whilst they insist on the Propositions of the Congregation at Waterford and that these feigned Offers are for vile Ends either to Calumniate if we dont or Deceive us if we do Accept them However he wrote more moderately to the Confederates but they never vouchasafed to send him a Reply And it ought to be noted That the Lord Lieutenant carried himself so well in this matter that even the Queen and Prince did approve of what he had done and in evidence thereof afterwards sent him over to the Government of Ireland anno 1648. and Sir Robert Talbot Mr. Oliver Darcy Mr. Beling and Mr. Thomas Dungan did confess to the Lord Digby That Ormond could not avoid doing as he did which I should not have mentioned Vindiciae eversae 48. but that some of the Confederates in word and in writing with the greatest Malice and Bitterness imaginable without considering the King's Directions in the Case or the insuperable Necessity of that Action have accused the Marquis of Disloyalty in delivering up the King's City and Sword to His Majesty's Enemies and for saying Si alterutris ex perduclibus necessario tradenda essent se Anglis potius quam hibernis consignaturum Vindiciae eversae 63. That if he must surrender it to any of the Rebels he would rather do it to the English than the Irish But perhaps a curious Reader may be inquisitive to know the Mystery of Ormond's keeping the Regalia almost five weeks longer than he did the City and it was this There were many Anti-Nunciotists amongst the Confederates who were willing to leave the Kingdom and be transported into France under the Command of the Marquis of Ormond and Monsieur Talon was every day expected with French Ships to that purpose but he did not come within the time and after it was expired Ormond could
declared That this is not meant or intended by any thing herein contained that this Nation will not insist upon the performance of the Articles of Peace and by all just means provide against the Violation of the same And inasmuch as his Majesty is at present as we are informed in the power of a Presbiterian party of the Scots who declared themselves Enemies to this Nation and vowed the Extirpation of our Religion ☜ we declare That it is not hereby intended to oblige ourselves to obey or observe any Governour that shall come unduely nominated or procured from his Majesty by reason of or during his being in an unfree Condition that may raise Disturbance of the present Government established by his Majesty's Authority or redound to the Violation of the Articles of Peace By the General Assembly c. Logreogh 24th of Decemb. 1650. IT is declared That by the word OUGHT expressed in the said Declaration this Day voted in this Assembly it is not meant or intended to look back or have a retrospect into any former Proceedings of the Clergy However they would not consent the following Clause should be added viz. Or set free or discharge the People upon any pretence whatsoever from yeilding Obedience to the Power and Authority intrusted by his Majesty in any Governour of this Kingdom during the Continuance of his Commission or the Powers and Authorities from thence derived although the Lord-Deputy did very importunately desire it But now that the Confederates have gotten a Governour to their mind one of their own Religion and in truth a brave Man it is but reason to expect that the Assembly should take valiant and unanimous Resolutions for a suitable Defence but Experience hath convinced the World that they who are most quarrelsom are not always most stout and therefore it is not to be wondered that it should within very few Days and before any new Misfortune happened be proposed in the Assembly That they might send to Treat with the Enemy for the Surrender of all that was left However the major part of the Assembly rejected the Motion with Scorn whereupon the Bishop of Fernes proposed ☜ To resort to their first Confederacy and so proceed in their Preservation without any respect to the King's Authority And this disloyal Motion found so many Abettors especially of the Clergy that those who were zealous in opposing it were fain to reproach the Assembly by telling them That they now manifested that it was not their prejudice to the Marquess of Ormond nor their zeal to Religion that had transported them but their dislike of the King's Authority and their resolution to withdraw themselves from it That they themselves would constantly submit to it and defend it with their utmost hazard as long as they should be able and when they should be reduced to extremity that Treating with the Enemy could no longer be deferred they would in that Treaty make no provision for them but be contented that they should be excluded from any benefit thereof who were so forward to exclude the King's Authority ☞ But as some of the Irish that pretended Obedience and professed Loyalty were nevertheless daily undermining the Government in favour of the Nuntio and by b P. W. Remonstrance 583. mixing Truth and Lies indifferently and by clamour on the common Topick of ill Success did raise Sedition and foment Jealousies hoping to get rid of the Lord-Lieutenant and to get the Kingdom in their own power to dispose of it to the Pope or some other Forreign Prince as hath already been shewn So there were others that did actually correspond with the Cromwelists and poorly truckled to the prevailing Party for fear of whom they pretended at first to have rais'd their Rebellion insomuch that in a Letter of the Seventh of May the Earl of Castlehaven complains of the Marquess of Antrim's Defection and says That the Irish are so false that No-body is to be trusted for either the Husband or the Wife are still Treating with the Enemy and in their Camp And a greater Man than he in his Letter of June 26. to the King acquaints His Majesty That His Affairs are confounded by the ever-Disloyal Party of the Irish Clergy to whom Lying is as natural as Rebellion But that which is more wonderful is that the Popish Archbishop of Armagh and others should issue Precepts to pray for the Success of Cromwell's Forces P. W. Remonstrance 706 707. whilst Dominick Dempsy a Franciscan Fryer and Mr. Long the Jesuit asserted That the King being out of the Catholick Church it was not lawful to pray for him in particular or in general publickly except on Good-Friday as comprehended amongst the Infidels Jews Mahometans Pagans and Hereticks and even then it is lawful to pray but for the welfare of his Soul onely and not for his Temporal Prosperity But this will be the less admired P. W. Remonstrance when it is known that the same Archbishop of Armagh pleaded for favour from the Parliament to the Ulster Irish because says he They never had Affection to the King nor his Family And as for me says he I was never a Friend or Well wisher to any of the Four meaning the King the Dukes of York and Gloucester and the Marquess of Ormond And indeed the Irish began this Correspondence very early for in September 1649. Coll. Dungan writes to the Lord-Lieutenant That Kelly the Lord of Antrim ' s Priest was in Dublin with Cromwell And to manifest that it was not the Popish Clergy alone that entertained Disloyal Sentiments but that even some of their Nobility and greatest Men and such as had received both Honour and Estate from the King did ungratefully plunge themselves into the same Crimes I will add the substance of a Letter from Thomas Talbot to the Marquess of Ormond which I have faithfully extracted from the Original dated October 22. 1650 wherein he writes That General Preston being at the Lord Glanmalira ' s discoursing about the Clergy's Excommunication of all that should obey his Excellency's Orders wished The Plague had taken the Clergy that did not first seize on Ormond's Person and then they might go through with their Design c. That the General and Sir James Preston his Son after long and private Discourse with the Bishop of Dromore imployed Father Taylor to Ireton with many Instructions signed by Preston but written by the Bishop That Sir James Preston at Banchur expressed much bitterness against the King saying That he took the Covenant and Signed a Declaration against the late Peace with the Irish and wished The Devil would take all those that would Serve His Majesty after doing so base a thing and that for his part he would Treat with Ireton and was sure the Parliament would give the Irish advantagious Conditions That the said Sir James after long Discourse with Terence Coughlan told Mr. Talbot That Coughlan thought it Folly not to submit and take
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
this is the greater that the * Clanrickard Person from whom you come with Authority is for several causes Excommunicated A Jure Homine and is at Rome accounted a great Contemner of the Authority and Dignity of Church-men and Persecutor of my Lord Nuntio and some Bishops and other Church-men some of his own Letter come fair for the proof hereof you may be pleased to call to mind that he though much and often moved thereunto never joyned with the Confederate Catholiques until he found the opportunity of bearing down the Pope's Nuntio and had the Lord of Insiquin who not long before dyed his hands in the blood of Priests and innocent Souls in the Church or Rock of St. Patrick in Cashel to close with him in Society of Army the Nation hath now no cause to joy in that Conjunction of those two Stars Do you think God will prosper a Contract grounded upon the Authority of such a Man if some other way be not found of reconciling him to us That therefore what is prophane may be holy and what is rotten sound say in the Name of the Nation with the Prodigal Child Surgam ibo ad Patrem dicam ei pater peccavi in Coelum coram te And even immediately go to his Holiness's Inter Nuntio in this City to make this happy Submission Quia nescit tarda Molimina Spiritus Sancti gratia This being done go on chearfully with your Contract with this most Catholique Prince who did he rightly know the business without such Submission would never enter upon a Bargain to preserve or rather restore Holy Religion in a Kingdom with Agents bringing their Authority from a withered accursed Hand and God will send his Angels of strength and light before that People at least many of them who lying in Darkness and shackled with the Irons of Excommunication c. And it was by the sollicitation of this Angry Bishop and the influence the Clergy had over them that the Agents waving the Authority of the Lord-Deputy that sent them were induced to joyn with the Lord Taaf and in the Name of the People and Kingdom of Ireland to make the following Articles with the Duke of Lorrain An Agreement betwixt Charles the Fourth Duke of Lorrain and Theobald Lord Viscount Taaf Sir Nicholas Plunket and Jeffery Brown Deputed and Authorized by the People and Kingdom of Ireland I. THE most Illustrious Duke is to be vested with Royal Power under the Title of Protector Royal of Ireland II. Because Religion is the prime End and Subject of the Treaty all is to begin with an imploring Application to the Pope for his paternal Benediction and Help that he will not be wanting in things Spiritual or Temporal in consideration whereof it is protested That constant perpetual Obsequiousness of Duty and Faithfulness shall be paid to his Holiness and the Apostolick See III. In consideration of this Royal Protector 's power granted the Duke is by War to prosecute the King's Enemies and afford him all possible Assistance IV. The said Duke is to do nothing in derogation of the King's Authority or Jurisdiction in Ireland but rather to amplifie it and having restored the Kingdom and Religion to its due pristine Estate is to resign chearfully the Kingdom to the King V. Before Resignation as aforesaid ☞ the Duke is to be re-imbursed all by him pre-impended in this Business and for this Re-imbursement a general and exact Obedience to the Duke in Faith and Fidelity from the Kingdom and People is made and to be observed without Reservation to any other Superiority whatsoever VI. The Duke is not to fail on his part to Expel out of Ireland Hereticks Enemies to the King and his Religion and to recover and defend all things belonging to the Faithful Subjects of Ireland VII The Duke is solely and absolutely to exercise all Military Power for the present and future in Ireland as to the Nomination of all Commanders ahd guiding all Martial Proceedings at his own pleasure and in his own person unless he in his absence substitute some other Catholique Person VIII The Duke is to introduce no Innovation in the Towns c. to him assigned repugnant to the Securities Priviledges Immunities Proprieties Lands Estates or Ancient Laws of the Irish reserving only to himself Authority to apply Remedies to any thing accruing wherein publick prejudice may be contained IX The Duke is not to interpose in Administration of Judicial or Civil Affairs but leave them to be proceeded in according to the Fundamental Laws and publick Form of the King 's Chief Governour and the Assembly instituted X. The Manner of calling Assemblies to be as formerly unless complaint arise against the Government or other extraordinary Emergencies hinder and then according to the Ancient Laws the cutting off the Assembly is to be at the pleasure of his Higness XI When the Work is done in Ireland by consent of a General Assembly the Duke promises to afford Assistance to the King against Rebelling Adversaries in other Kingdoms XII In case the Duke cannot go in person into Ireland it is free in his choice and pleasure to depute any other Man of Catholique Piety who shall be Independant in the Militia and in Civil Matters shall be received to all manner of Councils in the same right as any other Counsellor or Commissioner XIII All Cities Castles Lands taken from the English shall revert to the Owners if Catholicks who have connstantly persevered in the Catholick Quarters under the Duke yet the Duke's Military Power shall be entire over the same to garrison and dispose of them at his pleasure XIV All Pay to the Souldiers is to pass from the Duke as well out of the publick Revenues as the Duke's Coffers when that fails provided that the Duke's disbursements of his proper Money for publick Uses for the future to be repaid him as former Disbursements XV. All Goods of Enemies and Delinquents are to be converted to the publick Military Charges and towards rewarding great Merits by the Duke with Advice of the General Assembly XVI The Duke besides 20000 l. already contributed promises all further Accommodations and Supplements for War together with his power and industry what is not above the reach of his Faculties and beneath the Necessities of the War towards the Repayment whereof as well Principal as the Annual Provenue and Use thereof the whole Nation of Ireland is to be liable until the last Peny be paid and for Caution in the mean time the Duke is to be seized and possessed in his own hands of Galway Limerick Athenry the Castle and Town of Athlone ☜ and Waterford and the Royal Fort of Duncannon when recovered from the Enemy and these are to remain to him and his Heirs until full and intire Satisfaction receiv'd and to pay just Obedience and be Garrison'd and Commanded at his pleasure XVII In laying of publick Taxes and levying the same for the Duke's Satisfaction
the Duke to proceed by Advice of the General Assembly and all agrieved Parties in case of Inequality to seek Redress from the General Assembly XVIII For Liquidating and Stating the Duke's Disbursements a certain Method shall be agreed on between the Duke and the said Transactors but for the persons to be intrusted in that Charge the General Assembly is to alter them at their pleasure XIX The Duke shall make no Peace nor Cessation without the Lord-Deputy or General Assembly XX. The Lord-Deputy and General Assembly shall make no Peace without the Consent of the Duke ☜ July 12th 1651. Signed Charles of Lorrain But the Secret and Intâ—igue of these Articles lay where one would have least suspected it viz. in the second Article for though it seem to be meer Formality and to contain only matter of Respect and Complement to the Pope yet it was the most effectual Article of all and served the Duke to these two purposes first to oblige the Bishop of Ferns and such other giddy and restless Zealots that were Favourites of the Court of Rome and secondly to delay the Execution of the Agreement until this previous Article should be first performed and accordingly the Duke of Lorrain the Bishop of Ferns the Lord Taaf Sir James Preston and Sir Nicholas Plunket signed a formal submission to the Pope Vide The Submission at large Vindiciae eversae p. 85. in the Name of the Kingdom of Ireland and therein supplicated his Absolution from the Censures and Excommunication of the Nuntio and in the mean time till that could be accomplish'd his Highness thought it enough to Succour the Irish with the following Letters To the Marquess of Clanrickard SIR THE stay which the Gentleman Abbot of St. Katharine made with you and his long Navigation by the Northern Sea having brought much delay as well to his Return as to the disposal of Affairs here I could not sooner dispatch unto you than by this Galliot by which Mr. Plunket and Mr. Brown your Deputies have in charge more at large to give you to understand the conclusion of the Treaty I have made with them to the greatest advantage that one cou'd desire for the Good of the Catholick Religion the Service of the King and Re-establishment of the Kingdom which are the only Ends that I have proposed unto Myself Moreover the satisfaction which the Queen and Duke of York have shewen unto Me shall as I hope be followed by that of all good People the Fidelity of whom hath hitherto appeared without Reproach in a time when it seems they had no other recourse but to themselves I believe they will continue to make it good being as they are invited thereunto by the part which I have taken in their preservation preferring it to that of my own Dominions and to the urgent Necessities of my Affairs touching which and the Assistances which I am with all care and diligence possible preparing I beseech you to make known to the good and faithful Subjects of the Kingdom and in your own particular to take all assurance of the Esteem which I make of your person and the desire which remains with me on all Occasions to acknowledge its merit where I may make Myself known SIR From Bruxells Sept. 10. 1657. Your Affectionate Friend to Serve You Charles Lorrain To the MAYOR COUNCIL and CORPORATION of GALWAY Honoured Sirs OF the Agreements made between Me and the Agents of that Kingdom I leave to them to inform you more particularly of which they have taken the Charge I do not think that they will omit how unchangeable and constant I am notwithstanding the ill Rumours of your Affairs and the great and urgent necessity of my own I choose to prefer your Good before all Private and Publick Occasions of my own as well as I confide that you to the uttermost will remain constant in your Intent to Defend Religion and Country to a high great hope of your Fortitude Bear in mind that the Success of the Enemies is hitherto permitted by the Providence of God to the end to reserve the chief Glory of Vindicating the Kingdom and Religion to you and the Limericians As they have performed their part most nobly I doubt not but when the Occasion of promoting the Cause is offered you also will perform and shew the like Example of Constancy with happy Emulation In the mean time least the delay of supply which proceeded of the slow return of the Abbot of St. Katherine would put you in any doubt of my Mind while with all Care and Diligence to provide and send them Supplies I thought fit to hasten the sending thither of this Barque by which I might assure your hopes of me and for my hope of you Most Worthy People Your most Affectionate CHARLES LORRAIN Dated at Bruxells Sept. 10. 1657. But the Lord-Deputy was not at all satisfied with the Articles of Agreement or these Letters as will appear by his Excellency's Answer which was as followeth May it please your Highness I Had the Honour on the 12th of this Instant to receive a Letter from your Highness dated the 10th of September wherein you are pleased to express your great Zeal for the Advancement of the Catholick Religion in this Kingdom your great Affection to the King my Master and your good Opinion of this Nation and your compassion for their Sufferings and your great readiness to afford them Aid and Assistance even equal with your own nearest Concernments and that your Highness received so great satisfaction from the Queen and Duke of York as did much strengthen those Resolutions so as they might sooner appear but for the stay made here of Monsieur St. Katherine and his long Northern Voyage upon his return and referred what concern'd the Agreement to the relation of those Commissioners I had imployed to your Highness to treat upon that subject of Assistance and Relief for this Kingdom I with much alacrity congratulate your Highness's pious Intentions for the preservation of the Catholick Religion your Great and Princely Care to recover His Majesty's Rights and Interests from his Rebellious Subjects of England and the high Obligation you put upon this Nation by your tender regard of them and desire to redeem them from the great Miseries and Afflictions they have endured and the imminent Dangers they are in And it shall be a principal part of my Ambition to be an useful Instrument to serve your Highness in so Famous and Glorious an Enterprize And that I may be the more capable to contribute somewhat to so Religious and Just Ends First in discharge of my Conscience towards God my Duty to the King my Master and to disabuse your Highness and give a clear and perfect Information so far as comes to my Knowledge I am obliged to represent unto your Highness that by the Title of the Agreement and Articles therein contained made by those Commissioners imployed to your Highness ☞ and but lately come
to excuse my self from communicating to you such Observations as I have made On the contrary I have herewith sent you what I have already collected and will as often as you desire impart to you whatever shall fall under my Notice or Observation that is pertinent to your purpose The Interval between the end of the War and Cromwell's Death affords but little matter for an Historian for it was a time of profound Peace and spent in setting out of Lands setling of Titles in Building and Improvements and in transplanting the Irish into Connaught and imposing the Engagement The Government was managed by Commissioners of Parliament viz. Charles Fleetwood Lieutenant-General of the Army Edmond Ludlow Lieutenant-General of the Horse Miles Corbet John Jones and John Weaver Esquires but the Army was under the sole Conduct of Fleetwood In November 1653. the Commissioners of Delinquency sate at Athlone to determine the Qualifications of the Irish for Transplantation into Connaught and they continued eight Months but did not dispatch Business as was expected and therefore Judg Cook was fain to supply their Defect and some of the other Commissioners removed to Loghreogh to set out Lands to the Irish pursuant to Cook 's Decrees But in Anno 1654. Fleetwood was made Lord Deputy and so continued until August 1655. and then Henry Cromwell was made Commander in Chief of the Army and in the Civil Government Matthew Thomlinson Miles Corbet and Robert Goodwin were in Commission with him and to them Mr. Steel the Chancellor was afterwards added And it was in the year 1655. that the Civil Authority which had been discontinued in Cork since the year 1644. was revived and Sir William 〈◊〉 Maurice Roch Christopher Oliver John Morly John Hodder and other ancient Freemen of the City met and elected John Hodder Mayor and William Hodder and Philip Matthews Sheriffs And in the same year the City and County of Londonderry were restored to the Society of the Governour and Assistants of London of the new Plantation in Ulster within the Realm of Ireland this County being the forfeited Estate of O Cahan and other Irish Septs was by King James granted to this Society under certain Covenants of Improvement whereupon they laid out vast Sums of Money in the Management of that Plantation by building Derry Colerain and twelve Mannor-houses c. But Anno 1636. they were prosecuted in the Star-Chamber on pretence of breach of Articles and their Estates sequestred and Anno 1637. Sir Thomas Fotherly and Sir Ralph Whitfield were Commissioned by the King to make new Leases thereof And tho there did pass a Vote of Parliament Anno 1640. to null the Decree of the Star-Chamber yet by reason of the Irish Rebellion following so soon after they were not restored until this year but Anno 1662. King Charles II. gave a new Charter to this Society under which it flourished till of late But to proceed After Oliver's Death the new Protector made his Brother Henry Cromwell Lord Lieutenant and so he continued until the 7th of May 1659. and then the Parliament sent over Ludlow Jones Thomlinson Corbet and Berry to Govern that Kingdom but Ludlow returned in September so that he was not in Ireland when the following Revolution happened For the People being weary of so many Alterations and Changes and despising the Unsteadiness of the Government were generally inclined to the King's Restauration And this humour being fomented and discreetly managed centred in what they desired The Lords of Montgomery and Broghall Sir Charles Coot Captain Robert Fitz-Gerald Sir Theophilus Jones Sir Oliver Saint-George Sir Awdly Mervin Collonel Mark Trevor Collonel Warren and several others were concerned in this Affair January 1659. They surpriz'd the Castle of Dublin and Jones in it and they seized on Corbet and Thomlinson at a Conventicle in St. Warbert-street and they forced or persuaded Major-General Sir Hardress Waller to comply and so they declared for a Free Parliament The Government being thus in the hands of the Army was managed by a Committee or Council of Officers who upon the Petition of the a Alderman Dee Mayor and Aldermen of Dublin did as they had before design'd summon a Convention By this time the Lord Broghill and Sir Charles Coot were come to Dublin and they projected to suspend the Convention until they had modell'd the Army to their mind and got rid of Sir Hardress Waller But he suspecting their Design seized upon the Castle of Dublin so that they were fain to besiege him and in five days forced him to surrender and then they sent Him Jones Thomlinson and Corbet Prisoners to England But the Victorious Confederates were like to Clash amongst themselves one Party being for Articling with the King for the Confirmation of the Estates of Adventurers and Soldiers and the other Party being for His Majesties Restoration without any previous Condition but at length they agreed in this latter Sentiment and the Convention met on the 7 th of February Sir James Barry being their Chair-man Their first Act was to order a Fast and Humiliation for their Sins amongst which the Murder of the King was Enumerated and all their Actions were suitable to this beginning so that they seemed to contend with England which should be most forward in Restoring the King On the 16 th of February The Council of Officers published their Memorable Declaration for a full and free Parliament and the Re-admission of the Secluded Members in the Parliament of England And pursuant to it the Convention published a Declaration on the 12 th of March to the same purpose and afterwards viz. the 14 th of May they accepted of His Majesties Declaration of the 14 th of April from Breda and cheerfully concurr'd to His Restoration And as soon as this was done the Irish Papists who had fat still all this while and contributed nothing to this great Revolution thought to reap all the Benefit of other Mens Merits insomuch that several of them took Possession of their former Estates and this Grievance was so general that the Convention was necessitated on the 20 th day of May 1660. to issue a Declaration for preserving the Peace and quieting Possessions and on the first of June His Majesty in England issued a Proclamation to the same purpose This Convention gave His Majesty 20000 l. the Duke of York 4000 l. the Duke of Glocester 2000 l. and then leaving a standing Committee to Govern the Nation Adjourn'd till the first day of November following On the 18 th of October His Majesty be Letter approv'd of this Convention and so on the 22 d of January it met again Sir William Dumvill being Chairman and so continued until its Dissolution in May 1661. In the mean time the Government was in the Hands of Sir Charles Coot and Major William Bury who were sided Commissioners of Government and Management of Affairs in Ireland but not long after Sir Maurice Eustace Lord Chancellor Roger Earl of
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
the Pale from appearing at Dublin and forc'd them to defend themselves however they sent his Majesties sworn Servant Lieutenant Collonel Read to represent their Case to his Majesty but he was not only stopped but also Racked at Dublin 10. That the Lord President of Munster by direction of the Lords Justices that Province being quiet put to death Men Women and Children without distinction and mistrusted and threatned the Catholick Nobles and Gentry and Arm'd inferior fellows and the Province of Conaught was used in like manner so that in these Provinces the Catholicks were forc'd on their defence still waiting his Majesties Pleasure and ready to obey his Commands whilst the Lords Justices c. were busie by Addresses to the Malignant Party in England to deprive the Irish of all hopes of his Majesties Justice and Mercy and to plant a perpetual enmity between the Enemy and them 11. That whereas Ireland since the Reign of Hen 2. hath had its own Parliament with equal Power Priviledges c. to that of England and only dependant on the Crown in all which time there is no President that a Statute made in England had any force in Ireland until Enacted there Now by false suggestions an Act of Adventurers 17 Car. hath past in England whereby the Irish unsummon'd and unhear'd are declared Rebels and two Millions and a half of Acres of their Land dispos'd of which Act tho' forc'd on his Majesty and in it self unjust and void yet continues of evil consequence and extream prejudice to his Majesty and totally destructive to the Irish Nation for tho' the scope seems to aim at Rebels only yet the words include all the Irish and takes away many of his Majesties Tenures and much of his Revenue and therefore they protest against it as an Act without President and against the Kings Prerogative and the Fundamental Laws of the Kingdom and by colour whereof the Protestant Army disavow his Majesties Authority and depend on the Parliament 12. That strangers in Dublin being banish'd thence by Proclamation were by direction of the Lords Justices pillaged as soon as they got without the Town and what they left in the Town was confiscated and their desire to return under Protection was denyed that Catholicks quiet and under Protection were by the Lords Justices Order sooner destroy'd plundered or killed than those in Action and Quarter daily violated and others that came to Dublin for retreat and shelter were Imprisoned and Tryed for their Lives and Dublin Cork Youghall Kinsale and Tredagh that opened their Gates to his Majesties Forces are worse us'd than the Israelites in Egypt so that it will be made appear that more murthers breaches of publick Faith and Quarter more destruction and desolation and more cruelty not fit to be nam'd were committed in less than Eighteen Months by the direction and advice of the Lords Justices and their Party of the Council than can be parallel'd to have been done by any Christian people 13. That the Lords Justices have against the fundamental Laws procured several Sessions of Parliament tho' Nine parts of Ten of the genuine Members are absent it being inconsistent with their safety to come under the Power of the Lords Justices and in their room are Clerks Soldiers and Serving-men introduc'd into the House of Commons not at all Elected or not Legally Chosen and not having Estates however they have made Orders and releas'd Traytors Impeach'd in full Parliament and passed or might have passed some Acts against Law and prejudicial to his Majesty and the Nation and have also kept Terms only by false and illegal Judgments and Outlaries to Attaint many thousand good Subjects without Summons or Notice and obscure Men are made Sheriffs and Servants and Mechanicks are made Jurors to pass upon the Lives and Estates of those who came in upon Protection and publick Faith Wherefore and to settle the Revenue and prevent desolation and effusion of Blood and to procure the satisfaction of his Subjects who were willing to imploy 10000 men in defence of his Royal Rights they pray his Majesty to give gracious Answers to these Just complaints and to call a Free Parliament in an indifferent place before some Person of Honor and Fortune of approved Faith to his Majesty and acceptable to the People of Ireland who may be speedily Invested with the Government and that in such Parliament their grievances may be redress'd and Poynings Act suspended pro hac vice and either continued or Repeal'd as shall be thought fit and that no matter whereof complaint is made in this Remonstance may debar Catholicks from Sitting and Voting in such Parliament c. Delivered by the Lord Gormanstown Sir Lucas Dillon Sir Robert Talbot John Welsh Authorized by the Confederates 17 March 1642. to his Majesties Commissioners at Trim to be presented to the King Appendix VI. The Substance of the Answer of the Protestant Committee to the false and scandalous Remonstrance of the inhumane and bloody Rebels of Ireland given unto His Majesty at Oxford in May 1644. THAT the Remonstrants were not necessitated to take up Arms for their Religion for they were not troubled or so much as questioned about it for a long time before the Rebellion nor for His Majesties Prerogative for there were no Opponents of it in Ireland except the Remonstrants who have usurped all the King's Prerogatives as well as the Subjects Estates and have printed an Order of their general Assembly to exclude all Temporal Government and Jurisdiction but what is approved or instituted by that Assembly or the supream Council nor for their Lives Liberties and Estates because they had the Protection of the Law and His Majesties Government and not one Instance can be produced that a Papist quatenus a Papist ever suffered unpunished Violence from a Protestant either in Person or Estate except in open Rebellion And as to the just Liberties of Subjects wherein the Protestants are as much concerned as the Remonstrants they were never so fully and freely enjoyed in Ireland as at the Time of the Insurrection so that there was no Necessity to murther and rob the Protestants for the Preservation of the Confederates Nor have any of their Addresses since the Rebellion been slighted or suppressed Their first was from Cavan of the Sixth of November and received a mild and favourable Answer and was forthwith certified to the Lord Lieutenant The second was from seven Lords of the Pale then in Rebellion who refused upon safe Conduct to come to the State but desired Commissioners might be appointed to confer with them and though such a Condescention was thought dishonorable since it was the others duty to come to the Government yet both the Request and Answer were transmitted to the Lord Lieutenant Their third Address was from the united Lords by the Mediation of the Earl of Castlehaven 23 d. of March when His Majesties Army had raised the Siege of Tredagh and were Masters of the Field however
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
and if the Confederates be so desirous to try their innocency as they pretend they need not stay for another Parliament in Ireland but submit to that which is now in being which is an equal and just Parliament as in some of our Reasons touching that point is expressed ☞ and the offering to draw it to a new Parliament is in effect to desire that they may be their own Judges For as that Kingdom is now imbroiled and wasted the chief Delinquents or their Confederates will be so prevalent a Faction in the next Parliament that they will be able and doubtless will clear all the Popish Party how guilty soever and condemn all the Protestants how innocent soever These Answers to the high and unexpected demands of the Confederates we have framed in humble obedience to your Majesties directions but being very sensible as of the weight and great importance of the business so also of our own weakness and want of time and well knowing that some of your Majesties Privy-Counsellors Judges and Officers of that Kingdom are now in Town sent for over and here attending by your Majesties Command who by their long observationsâ— and experience of the aâ—aâ—rs and state of Ireland are better ablâ— to give your Majesty morâ— full and satisfactory answers touching the premises than we can and conceiving that the Collection in answer to the said Confederates Remonstrance which we humbly presented to your Majesty the Seventeenth of the last Month of April may in many things give your Majesty more light than these our answers do or can We humbly beseech your Majesty that the said Privy-Counsellors Judges and Officers as occasion shall require may be called upon and heard to give your Majesty the more satisfaction in these particulars and that to the same purpose the Book of the said Collections may be perused and considered of as your Majesty shall find most requisite Append. XXIV Articles of Peace made concluded accorded and agreed upon by and between his Excellency James Lord Marquess of Ormond Lord Lieutenant General and General Governour of his Majesties Kingdom of Ireland for and on the behalf of His most Excellent Majesty of the one part And Richard Lord Viscount Mountgarret Donogh Lord Viscount Muskery Sir Robert Talbot Baronet Dermot O Bryen Patrick Darcy Geffery Brown and John Dillon Esquires Appointed and Authorised for and in the behalf of His Majesties said Roman-Catholick Subjects on the other part 1. IT is concluded accorded and agreed upon by his Majesties said Commissioner for and on the behalf of His most Excellent Majesty and the said Richard Lord Viscount Mountgarret Donogh Lord Viscount Muskery Sir Robert Talbot Baronet Dermot O Bryen Patrick Darcy Geffery Brown and John Dillon Esquires on the behalf of the said Roman Catholick Subjects and his Majesty is graciously pleased that it shall be provided by Act of Parliament to be passed in the next Parliament to be held in this Kingdom That the Professors of the Roman Catholick Religion in the said Kingdom or any of them be not bound or obliged to take the Oath expressed in the Statute of Secundo Eliz. commonly called the Oath of Supremacy and that the said Oath shall not be tendred unto them and that the refusal of the said Oath shall not redound to the prejudice of them or any of them they taking the Oath of Allegiance in haec verba I A. B. do truly acknowledge confess testify 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 or Dignity and do my best endeavour to disclose and make known unto His Majesty His Heirs and Successors or to the Lord Deputy or other Governour for the time being all Treasons or Trayterout Conspiracies which I shall know or hear to be intended against his Majesty or any of them and I do make this recognition and acknowledgement heartily willingly and truly upon the true faith of a Christian So help me God c. So as by the same Act it be further Provided and Enacted that if any Roman-Catholick happen to be promoted presented or advanced to any Ecclesiastical Promotion Dignity or Benifice according to the form now used in the Protestant Church of Ireland that the freedom and exemption aforesaid shall not extend to any such Roman-Catholick Or if any being a Protestant be advanced promoted or presented to any Ecclesiastical Benefice Dignity or Promotion shall afterwards happen to become a Roman-Catholick that the freedom and exemption aforesaid shall not so far extend to any such Roman-Catholick but that upon tender of the said Oath and refusal thereof he be for that cause left subject to privation of the said Benefice Dignity or Promotion according to the said Statue and it is further concluded accorded and agreed by and between the said Parties that for all matters concerning the first Proposition of the said Catholicks viz. That all Acts made against the Professors of the Roman-Catholick Faith whereby any restraint penalty mulct or incapacity may be laid upon any Roman-Catholick within the Kingdom of Ireland may be Repealed and the said Catholicks to be allowed the freedom of the Roman Catholick Religion That His Majesties said Roman-Catholick Subjects be referred to His Majesties gracious Favour and further Concessions and that no clause in these Articles shall or may hinder His Majesties said Roman-Catholick Subjects or any of them from the benefit of His Majesties further Graces and Concessions and that no use shall be made of the Papers past on this Treaty or any of them concerning the said first Proposition which may in any sort hinder the said Roman-Catholick Subjects or any of them from His Majesties further Concessions And that His Majesties said Commissioner and other chief Governour or Governours of this Kingdom for the time being shall cause whatsoever shall be further directed by His Majesty to be passed in Parliament for and on the behalf of His said Roman Catholick Subjects to be accordingly drawn into Bills and transmitted according to the usual manner to be afterwards passed as Acts in the said Parliament 2. It is further concluded accorded and agreed upon by and between the said Parties and his Majesty is graciously pleased to call a new Parliament to be held in this Kingdom on or before the last day of November next ensuing and that all matters agreed on by these Articles 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 to be agreed upon and so to be passed shall receive no alteration or diminution here or
Great Britain France and Ireland c. for the Treating and Concluding of a Peace in the said Kingdom with His Majesties Humble and Loyal Subjects the Confederate and Roman Catholicks of the said Kingdom of Ireland of the one part and the Right Honourable Donnogh Lord Viscount Muskerry and others Commissioners Deputed and Authorized by the said Confederate Roman Catholick Subjects of the other part and thereupon many Difficulties did arise by occasion whereof sundry matters of great weight and consequence necessarily requisite to be condescended unto by His Majesties said Commissioners for the safety of the said Confederate Roman Catholicks were not hitherto agreed upon which retarded and doth as yet retard the Conclusion of a firm Peace and Settlement in the said Kingdom And whereas the Right Honourable Edward Earl of Glamorgan is intrusted and authorized by His most Excellent Majesty to grant and assure to the said Confederate Catholick Subjects further Grace and Favours which the said Lord Lieutenant did not as yet in that Latitude as they expected grant unto them and the said Earl having seriously considered of all matters and due Cirouâ—istances of the great Affairs now in agitation which is the peace and quiet of the said Kingdom and the importance thereof in order to His Majesties Service and in relation to a Peace and Settlement in His other Kingdoms and here upon the place having seen the Ardent desire of the said Catholicks to assist His Majesty against all that do or shall oppress His Royal Right or Monarchick Government and having discerned the Alacrity and Cheerfulness of the said Catholicks to embrace Honourable conditions of Peace which may preserve their Religion and other just Interests In pursuance therefore of His Majesties Authority under His Highness Signature Royal and Signes bearing Date at Oxon the Twelfth Day of March in the twentieth Year of His Reign Granted unto the said Earl of Glamorgan the Tenure whereof is as followeth Viz. Charles Rex Charles by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To our trusty and right welbeloved Cosen Edward Earl of Glamorgan greeting We reposing great and especial Trust and Confidence in your approved wisdom and fidelity Do by these as firmly as under Our Great Seal to all intents and purposes Authorise and give you Power to treat and conclude with the Confederate Roman Catholicks in Our Kingdom of Ireland if upon necessity any thing be to be condescended unto wherein our Lieutenant cannot so well be seen in as not fit for Vs at the present publickly to own Therefore We charge you to proceed according to this our Warrant with all possible secrecy and for whatsoever you shall engage your self upon such valuable considerations as you in your judgment shall deem fit We promise on the word of a King and a Christian to ratifie and perform the same that shall be granted by you and under your Hand and Seal the said Confederate Catholicks having by their Supplies testified their Zeal to Our Service and this shall be in each particular to you a sufficient Warrant Given at Our Court at Oxford under Our Signet and Royal Signature the 12 th day of March in the 20 th year of Our Reign 1644. To our right trusty and right well-beloved Cosen Edward Earl of Glamorgan It is therefore granted accorded and agreed by and between the said Earl of Glamorgan for and on the behalf of His most Excellent Majesty His Heirs and Successors on the one part and the Right Honourable Richard Lord Viscount Mountgarret Lord President of the Supream Council of the said Confederate Catholicks the said Donogh Lord Viscount Muskerry Alexander mac Donnel and Nicholas Plunket Esquires Sir Robert Talbot Baronet Dermot O Brien John Dillon Patrick Darcy and Geffery Brown Esquires Commissioners in that behalf appointed by the said Confederate Roman Catholick Subject of Ireland for and on the behalf of the said Confederate Roman Catholick Subjects of the other part in manner and form following that is to say 1. IT is granted accorded and agreed by the said Earl for and in the behalf of His most Excellent Majesty His Heirs and Successors That all and every the Professors of the Roman Catholick Religion in the Kingdom of Ireland of whatever estate degree or quality soever he or they be or shall be shall for ever more hereafter have and enjoy within the said Kingdom the free and publick use and exercise of the said Roman Catholick Religion and of their respectives function therein 2. It is granted accorded and agreed by the said Earl for and on the behalf of His Majesty His Heirs and Successors That the said Professors of the Roman Catholick Religion shall hold and enjoy all and every the Churches by them enjoyed within this Kingdom or by them possessed at any time since the Twenty Third of October 1641 and all other Churches in the said Kingdom other than such as are now actually enjoyed by His Majesties Protestant Subjects 3. It is granted accorded and agreed by the said Earl for and in the behalf of His most Excellent Majesty His Heirs and Successors That all and every the Roman Catholick Subjects of Ireland of what estate condition degree or quality soever shall be free and exempted from the Jurisdiction of the Protestant Clergy and every of them and that the Roman Catholick Clergy of this Kingdom shall not be punished troubled or molested for the exercise of their Jurisdiction over their respective Catholick Flocks in matters Spiritual and Ecclesiastical 4. It is further granted accorded and agreed by the said Earl for and on the behalf of His most Excellent Majesty His Heirs and Successors that an Act shall be passed in the next Parliament to be holden in this Kingdom the tenour and purport whereof shall be as followeth Viz. An Act for the Relief of His Majesties Catholick Subjects of His Highnesses Kingdom of Ireland Whereas by an Act made in Parliament held in Dublin the Second Year of the Reign of the late Queen Elizabeth Intituled An Act restoring to the Crown the ancient Jurisdiction over the State Ecclesiastical and Spiritual and abolishing all Foreign Power repugnant to the same And by one other Statue made in the said last mentioned Parliament Intituled An Act for the Vniformity of Common-Prayer and Service in the Church and the Administration of the Sacrament Sundry Mulcts Penalties Restraints and Incapacities are and have been laid upon the Professors of the Roman Catholick Religion in this Kingdom in for and concerning the use profession and exercise of their Religion and their Function therein to the great prejudice trouble and disquiet of the Roman Catholicks in their Liberties and Estates and a general disturbance of the whole Kingdom For remedy whereof and for the better setling increase and continuance of the Peace Unity and Tranquility of this Kingdom of Ireland His Majesty at the humble suit and request of the Lords and Commons
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
conducted Men for the Defence of Waterford and that the last Supply we brought was that which occasion'd the Rebels raising their Siege as the refusing a Garison and other Disobediences of that City were the Inducements moving them to come before it When by this means the Rebels were removed and retired to their Winter-Quarters so harrassed as that their speedy marching forth was not to be feared we designed the regaining of Carrick and Passage first and then of Rosse and Wexford and to that effect brought with us a Party of Horse and Foot but were so far from gaining any Admittance for them into the City or to lie under the Walls though they brought the Means with them and were to receive their constant Pay out of the Country that for those our good Intentions and former Pains taken for the Relief of that City when Cromwell was before it it was there brought in question at a Council held amongst some of the City Whether we and the Men we brought should not be fallen upon as Enemies We were then for our Safety forced to reitre thence leaving those indeed easy Works we had design'd undone there being no means of doing them but by and out of that City whereunto as to the first visible Cause and to the Example thereby taken by Limerick may be attributed all the following Success of the Rebels this last Summer What ancient Travellers or Men of Experience they were that informed the Declarers that we kept a Mart of Wares a Tribunal of Pleadings or an Inn of Play Drinking and Pleasure rather than a well-ordered Camp of Souldiers we know not but do believe these Declarers themselves want not the malicious Invention to forge it in their own Heads Which we the rather believe they have done by the ignorance appearing in charging it as a Fault and want of Order that in a Camp there should be a Mart of Wares or a Tribunal of Pleadings which to have in the most peaceful time and place are amongst the greatest Arguments of good Government But if they intend by the Tribunal of Pleadings as that wherein we more busied our self than consisted with the Duty of a General that meaning is known to be maliciously false And so it is if it be meant by us that we kept an Inn of Play Drinking and Pleasure being content to have all the Lies in this Declaration taken for Truth ☞ if it can be proved that during three Months time we were in the Field we drank twice betwixt Meals or at Meals more than was fit that we plaid thrice at any Game though at fit times we account Recreation no fault or unusual in well-governed Camps or in all that time we ever took the Pleasure of sleeping otherwise than in our Cloaths And of this we have better Testimony than the Declarers though they had been upon the place But they being to justify with some colourable Pretences so high a Treason as the Vsurpation of the Regal Power we wonder not they should make their way to it through any Calumny they can defame us withal Touching Drogheda Wexford Rosse Carrick and the not fighting the Enemy near Thomas-Town we refer you to part of our foresaid Answer to the pretended Grievances with this Addition to that of Carrick that as it is more than hath or can be proved that Carrick was betrayed by the Protestant Ward that was in it surprized indeed it was so the Endeavours of recovering that Place was not under our immediate Conduct we going that day it was attempted with a Party to Waterford But who it was that importuned the falling on of the Men so unprovided Sir Lucas Dillon and others there present as we have heard are able to inform you And for not fighting at Thomas-Town it is here set down as if the Officers and Souldiers had proposed some such thing and were absolutely forbidden or refused leave or to be led on by us to fight which is a malicious and false Suggestion For never any such Motion was made to us by any Officer or Souldier nor indeed could be for before the Enemy were drawn up that Morning on the Top of the Hill on the other side of the Water over against Thomas-Town we were by a false Alarum drawn towards Kilkenny as is set down in our Answer to the pretended Grievances and is well known to Mr. Patrick Bryen and others we believe there assembled Here again the Declarers must be beholden to their ancient Travellers to make it good that it is an Advantage of Ground to have a Bridg to pass by three or four in a front in the sight of an Enemy and a steep Hill to ascend to the Charge of an Enemy drawn up in order on the Top of the Hill for thus it is very well known is the Situation of Thomas-Town and the Hill whereon the Enemy drew up after we were drawn away to Kilkenny as is aforesaid The rest of this Article is a passionate Enumeration of the Enemies subsequent Success wherein the Declarers and their Instruments have more to answer for than we as we were a greater Loser than many of them put together But how we become chargeable with the Loss of any Place in Leinster since we put the whole Management of the Affairs of that Province into other Hands especially of Catherlogh commanded by a Bishop we much wonder And if we had not Proof of these Mens prodigious Faculty in framing and venting Vntruths ☜ we should admire at their shameless Impudence in saying Tecroghan was given up by Order and their affirming it with this Parenthesis viz. to speak nothing for the present of other Places insinuating that if they would they are able to tell of many other Places given up by our Order when they might have been longer held For so this Declaration being framed against us must and they desire it should be understood Which is so foul so unchristian and so uncharitable a way of proceeding that it would make one believe they rather conjured for the Spirit of the Father of Lies than invoked the assistance of the Holy Ghost to assist when they framed this Declaration What Endeavour there was used to relieve Tecroghan and how it was given up there are many there met that are able to witness especially the Lord Marquess of Clanrickard Sir Luke Fitz-Gerrald and Sir Robert Talbot the then Governour of that Place who is able to declare perhaps to produce all the Orders he received from Us concerning it And as to the 10th Article we say that which we complain of is That notwithstanding their continual Declarations of Loyalty to his Majesty Answer to the Tenth Article and their Sincerity and Earnestness to advance his Service and Interest they have continually by themselves ☜ and their known Instruments practised the direct contrary The Copy of our Letter of Aug. 2d sent them to James-Town Ante Pag. 26. Part. 2. is before recited upon another
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