Kingdom and concludes with Commendations of the Lord Grey and desires he may be Lord Deputy and have Orders to call a Parliament What that Letter mentions of O Neal has reference to a Treaty between the Lord Deputy and him for when he understood that the Lord Deputy design'd an Expedition against him into the North to prevent it he desired a Parly and on the first of July by his Agent Gillaspick O Donel he concluded an Agreement with the Lord Deputy which afterwards was confirmed by Con O Neal himself at Drogheda on the twenty fifth of the same Month. In the mean time the Lord Deputy finding that Fitz-Girald had retired to Munster sent after him the Lord Grey Sir William Brereton and others who had several Skirmishes with his Party wherein nothing was got but Blows whereupon Brereton's Advice on the one side and Fitz Girald's Necessity on the other side produced a Parly the effect whereof was That Fitz-Girald surrendred to the Lord Grey and rode with him to Dubliu By the Lord Deputy's Letter to the King of August 24. he acquaints his Majesty That Fitz Girald and O Connor had submitted the former without any Condition or Promise of Life Lands or Goods and that he intends to send him over by the Lord Grey whilst himself in person goes to assist O Donel against his Son Manus But the Council by their Letter from the Camp to the King of the 27th of August inform his Majesty That O Connor an Abettor of Fitz-Girald's has given Hostages to abide the King's Pleasure and that Fitz-Firald submitted on the encouragements they gave him to expect Pardon for his Life That the Lord Grey is going with him leaving the Lord Butler in his room and they desire the King to thank the Lord Grey for his good Service Nevertheless others say That Fitz-Girald was by the Lord Grey absolutely promised his Pardon but if it was so it was more than he had Comission for and therefore no regard was given to that Pretence but the King being implacably enraged at this dangerous Rebellion caused Fitz-Girald to be arrested in the way to Windsor and afterwards viz. Febr. 3. 1537. he and five of his Unkles were executed at Tyburn although three of them had for a long time opposed their Nephews Extravagancies And thus ended a Rebellion Lib. CCC 85. which cost the King twenty thousand some say forty thousand Pound At which great Expence the King was so disturb'd that he called this Victory a new Conquest and put the Question to his Council how Ireland should be managed to bear the charge of its own Preservation and whether by Act of Parliament every mans Estate should not be made liable to contribute its proportion or whether by vertue of this Conquest the King might not seize on all the Estates in that Kingdom Temporal and Spiritual By a Letter from Stephen ap Harry who was afterward a great man with the Lord Grey of the sixth of October from Waterford directed to Mr. Thomas Cromwel Secretary of State he informs his Honour That the Lord Leonard Grey was gone to England with Fitz Girald and that the Lord James Butler marched to Clonmel where his Lordships Brother-in-Law Garret Mac Shane who could not speak one Word of English met him That thence they marched to Dungarvan which surrendred unto him and thence to Youghal where he had a Gallon of Gascoyn Wine for four pence and thence to Cork where the Lord Barry made great Complaints of Cormock Oge of Muskry and Mac Carty Riagh the former was willing to submit to the Award of the State but Mac Carty Riagh answered That what he got by the Sword he would keep by the Sword The like Controversie was between James Grandson of Thomas last Earl of Desmond and Sir John Brother of that Earl the young man offered to go to England and to submit to his Majesties Pleasure but Sir John said He scorned to contest with a Boy That they marched thence to Mallow and so to Kilmallock and thence to Lymerick where the Lord Butler's Brother-in-law O Brians Son desired Aid against his Father and Unkle and that the Lord Butler would besiege Carrigonel but he could not do it for want of Artillery and therefore marched to Cashel and thence to Clonmel having worthily behav'd himself all this Journey It seems the Lord Deputy had sollicited for the King's leave to return to England by reason of his Age and Infirmities but the King in his Answer thanked him for the taking Fitz-Girald but wished it had been done in another manner viz. by force and tells him That he must continue in the Government of Ireland notwithstanding his Age and Sickness and orders a Parliament to be called as â—â—on as conveniently might be but it is probable that soon after those Letters arrived the Lord Deputy died at Kilmainham in the latter end of December and was honourably buried in St. Patrick's Church And thereupon the Council chose Leonard Lord Grey 1535. Lord Deputy who was but newly returned from England and probably did not bring over so much Treasure as the Army both expected and needed and therefore the Souldiers mutined in January and thereupon the King by his Letter of the twenty fifth of February desires to know who were the Ringleaders of it and orders that as many of the Army as can be spared may be disbanded Lib. H. To which Letter the Lord Deputy and Council return'd for Answer That after the imprisonment of Fitz-Girald they had disbanded five hundred men but that his Unkles being at that time out and the Earl of Desmond O Brian and O Connor linked in a Confederacy it was no proper time then to dismiss any more but that they have now borrowed four hundred Pounds Irish and therewith have disbanded two hundred and fifty Foot and fifty Horse That the Revenue of the Kingdom was but five thousand Pounds per annum whereof a thousand Pound was then insolvent they advise the King to grant a Pardon to the County of Kildare to the end the People of that County may return to their Habitations and they advise That the Kings Lands may be set for a Term of one and twenty years and that a Mint may be erected in Ireland and none but Sterling Money be currant and thereby every Mark of the King's Revenue will be a Pound But I must interrupt the Series of this Discourse to give the Reader an Account of the miraculous preservation of one of the remaining Branches of the Noble Family of Kildare a Child of thirteen years old Brother of the Lord Thomas and Son of the deceased Earl who happened to be sick of the Small Pox at Donoare in the County of Kildare when his Unkles were apprehended whereupon his careful Tutor Thomas Leverouse afterwards Bishop of Kildare had the Child wrapt up warm and in a Cleef or Basket conveyed him into Offaly and after he was recovered he travelled into Thomond
grand Captain four shillings a petit Captain two shillings and an hundred Harquebusses I suppose on Horseback half at eight pence and the other half at nine pence a day makes three pound sixteen shillings and ten pence per diem and an hundred and seven pound eleven shillings and four pence per mensem and per annum 1402 04 02. Mr. Brereton's Retinue a grand Captain four shillings a Captain three shillings a petit Captain two shillings and an hundred and fifty Archers at six pence apiece is four pound four shillings per diem and one hundred and seventeen pound twelve shillings per mensem and per annum 1533 00 00. The Knight Marshal's Retinue a grand Captain four shillings and twenty nine Horsemen at nine pence a day is one Pound eight shilling per diem eleven Pound eighteen shillings per mensem and per annum 0511 00 00. Clerk of the Cheques Retinue ten Horsemen at nine pence and himself a shilling is eight shillings six pence per diem eleven Pounds eighteen shillings per mensem and per annum 0155 02 06 The Treasurers Retinue forty Horse at nine pence and himself at six shillings and eight pence per diem is per annum 0669 03 04 The Lord Deputy's Stipend is per annum 0666 13 04 Master of the Ordnance's Stipend per annum 0048 13 04 Charge of the Ordnance besides what comes out of England is per annum 0040 00 00 7982 06 08 It seems the reason why they had so little Foot was because the Lords and Gentlemen of the Country were bound by their Tenures to assist the King with a certain number of Men at every Hosting or rising out as they call it and as for the Artillery it was so contemptible that I find by one of the Letters from the Council at the Camp that the Army had but one broken Piece and therefore they desire another may be sent them But before we proceed farther in the Affairs of Ireland it will be fit to pay that respect to the Memory of the late Lord Deputy the Lord Grey as to give some Account of his Misfortunes and Destiny He had certainly performed considerable Atchievments in Ireland and great Commendations of him are contained in most of the Letters from the Council to the King and his Majesty did so well approve of his good Services that he Created him Viscount Grany and although the Earl of Ormond the Lord Chancellor Allen the Vice-Treasurer Brabazon and Sir John Travers went with him or immediately followed him into England to impeach him yet he was kindly received by the King and and carried the Sword before him on Whitsunday Nevertheless he was in a short time after imprisoned in the Tower and accused of very many Articles the principal of which are these First That O Connor feasted him and mended Toghercroghan for him and that in favour of O Molloy a Rebel he took a Castle from Dermond O Molloy whose Father-in-Law O Carol was a good Subject for which the Lord Grey had a Bribe and Stephen ap Harry had twenty Cows Secondly That he took the Castle of Bi r from a Loyal O Carol and gave it to a Rebel O Carol who married the Earl of Kildare's Daughter and also took Moderhern a Castle belonging to the Earl of Ormond and gave it to the Rebel O Carol and wasted the Earl of Ormond's Lands for which he had an hundred and forty Kine and Stephen ap Harry had forty and Girald Mac Gerrot had a black Hackny Thirdly That he took forty Kine from O Kenedy a Tenant of the Earl of Ormond's and his Son for Hostage Fourthly That he held secret and private familiar Correspondence with James of Desmond and went to visit him in his Tents in his Night-Gown and forced the Abbot of Owny to give him forty Pounds sterling to preserve that Abby from Ruine and O Brian to give him thirty Kine and Hostages Vlick Bourk a Bastard gave him 100 Marks to have Ballimacleere-Castle and to be made Mac William and that he carried the Artillery in a small Vessel to Galway and made the Town of Galway pay thirty four Pounds for that Carriage Fifthly That the Exploits at Bryans Bridge c. were in favour of O Bryan a Rebel Desmond's Son-in-Law and to the prejudice of Donough O Bryan a good Subject and that he took a Bribe of eighty Kine from Macnemarra Sixthly That trusting Desmond and O Bryan he hazarded the King's Army in a long and dangerous Journy wherein Desmond quarrelled and deserted him and O Bryan sent but one man with a Battle-Ax to guide him Seventhly That he rifled the Abby of Ballyclare and left neither Chalice Cross nor Bell in it Eighthly That he destroyed the Castles of Lecagh and Derriviclaghny in favour of Vlick Burk though the rightful Proprietor offered Submission and Rent to the King Ninthly That he had secret Conference with and received a Horse from O Connor Roe who was the chief Instrument in conveying away the young Fitz-Girald Tenthly That he took eighty Kine from O Maddin and forced O Mlaghlin's Son from Mr. Dillon whose lawful Prisoner he was for which he had seventy Kine And there was a Commission sent to Ireland to examine Witnesses and they say that these Articles were proved by the testimony of above seventy Persons whereof some were of Quality that is some of them swore to one Article and some to another so that the Lord Grey who was Son to the Marquess of Dorset and Viscount Grany in Ireland but no Peer in England being tried by a common Jury thought it his best way to confess the Indictment in hopes of the King's Grace and Pardon but in that he was mistaken and although his Services did infinitely over-balance his Faults yet he was publickly Executed on the twenty eighth day of July 1541. There are four other Articles mentioned by others Holingsh 102. to be laid to his Charge Ware 162. 1. His Partiality to his Nephew Fitz-Girald afterwards Earl of Kildare whom they say he might have taken 2. That his Servants pillaged the Gentlemen in Munster that entertained them 3. That he had inveigled Thomas Fitz Girald to submit by Promises which he had no Commission to perform and that he did it to destroy that Lord that his own Nephew might come to be Earl of Kildare as afterwards he did 4. His Sacrilege at Down But however that be it was not long after his Execution before a Commission was directed to Archbishop Brown and Cowly Master of the Rolls to make an Estimate or Survey of the Lord Grey's Estate in Ireland and to deliver it to the Lord Deputy Saintleger to be disposed of as the King shall direct Sir William Brereton 1540. Marshal of Ireland was sent by the Lord Deputy into Munster to take the Submission of James Fitz-John Earl of Desmond and to bring him to Dublin but the Marshal died at Kilkenny nevertheless the Earl on the
Dungannon O Connor Sligo O Carol and others When he came to Hampton-Court with two hundred Gentlemen in his Train it hapned that the Queen was looking out at the Window Hooker 118. and seeing such a Multitude she was thereat surprized until she was told it was the Lord Deputy of Ireland and then she replied It was well enough for he had two of the best Offices in the Kingdom And being come in he was well received for the present by the Queen but after a while was told by some of the Courtiers That the Scussle in Ulster was not worthy to be called a War since the principal Rebel Shane O Neal was but a Beggar and an Outlaw However the Earl of Desmond and O Connor were clapt up in the Tower and Sir John of Desmond was sent for and imprisoned in the same place But O Connor Lib. L. by Indenture made his Submission to the Queen Lib. H. and thereupon was enlarged and the next Year viz. the twelfth of July 1568 the Earl of Desmond submitted in most humble manner and laid all his Estate at her Majesties Feet and promised to convey what part she should be pleased to take of it and acknowledges to have forfeited a Recognizance of twenty thousand Pounds which he had formerly made to the Queen as hath been already related But when Sydny went to England he left Doctor Weston Lord Chancellor and Sir William Fitz-Williams Treasurer at Wars Lords Justices by Commission under the Great Seal of Ireland Dated the fourteenth Day of October In their time private Quarrels did swell almost into publick Wars for not only Sir Edmond Butler and Pierce Grace did invade Oliver Fitz Girald's Territories with great Fury but also the O Connors and O Mores who were Proclaimed Traytors did now appear in the Field with a thousand Gallowglasses and threatned to spoil O Carol's Country and to burn Kilkenny and the Defendants being in no good condition to resist did in vain importune the Government for Assistance Moreover Daniel Mac Carty More despising his Title of Earl of Glencar assumed the Title of King of Munster and having confederated with O Sullevan More Mac Swiny and others he invaded the Lord Roche's Country with Banners displayed and destroyed all the Corn together with seven Hundred Sheep and killed many Men Women and Children and carried away fifteen Hundred Cows and an Hundred Garrons Nor was the Contention less between James Fitz Maurice of Desmond and the Lord of Lixnaw And there happened another barbarou accident that was more surprizing than any of the rest for one Maurice Gibbon alias Reagh who was by the Popes Bull appointed to be Archbishop of Cashell had the Confidence to come to James Mac Caghwell who for some time had been Archbishop of that See Ware de presul 172. and to demand Possession which being refused the barbarous Villain stabbed the Archbishop with a Skein but it so happened that the Archbishod recovered and Maurice made his escape into Spain In Vlster Cambden 121. Turlogh Lynogh had assumed the Name of O Neal and in an Encounter with the Scots had killed Alexander Oge but it seems that quarrel was appeased and one Thousand of the Scots took Pay under Turlogh and invaded the Ferny contrary to Articles In Connaught there was a new Broil between Mac William Oughter and O Connor Sligo about a Rent in Eyter Conaught and in Thomond there were great Contests between the Earl and O Shaghaness and in this disorderly and tumultuous Condition stood the Kingdom of Ireland 1568. when in September Sir Henry Sydny Lord Deputy landed at Carigfergus he immediately sent for Turlogh Lynogh who came to him and confessed his Fault and with the greatest Humility begged the Lord Deputies Pardon which with great difficulty he at length obtained but not until the Scots Hostages were first Executed On the twentieth of October the Lord Deputy was Sworn at Dublin and immediately he sent for Sir Edmond Butler who upon several frivolous Pretences refused to come but broke out into Rebellion as shall be related hereafter In the mean time the Proceedings at Council-board will deserve a Paragraph in this History and the rather because a great and memorable Case was at this time agitated there for Sir Peter Carew whose Ancestor had formerly been Marquess of Cork and had great Possessions in several parts of the Kingdom came over well recommended to Ireland Lib. F. Lambeth and resolved to endeavour the recovery of that great Estate which was wrongfully withheld from him and particularly the Barony of Idrone in the County of Caterlogh was detained by the Heirs of those whom one of the Carews had employed as his Steward and had entrusted to mannage that Estate but Sir Peter being advised not to alarum the Irish by beginning with them first he did on the twenty ninth day of October prefer his Petition to the Council-board against Sir Christopher Chivers for the Mannor of Ballymaclethan in the County of Meath and in the Petition he suggested that Chivers was so popular and powerful a Man in his Country that there could be no indifferent Tryal had at Common-Law c. Hereupon Sir Christopher was summoned and when he appeared he pleaded ore tenus to the Jurisdiction of the Council-board in this Matter but Mr. Perriam gave three reasons why they might proceed First Because it was the common Practise to determine Causes at the Council-Table in England and instanced the Case of one Colshul about an Office in the Exchequer Secondly That in cases of Extremity as loss of Evidence want of just Tryal c. A Suit may be commenced before the Lord Chancellor or at the Council-board propter necessitatem ne curia domini Regis desiceret in Justitia exhibenda Thirdly That there are innumerable Presidents of Causes determined at the Council-Table in Ireland upon these reasons the Judges Dillon and Plunket were of Opinion the Board might proceed to determine this Cause and afterwards the two Chief Justices concurred in the same Opinion so that Chivers was forced to put in his Answer in Writing which he did but still it concluded to the Jurisdiction as before and in his Plea he insisted on the Statutes of Magna Carta cap. 11. and cap. 29. 25 Edw. 3. cap. 4. 28 Edw. 3. cap. 3. and 42 Edw. 3. cap. 3. But he likewise set forth his Title by Descent to part of the Lands in question and made some other Title to the rest The Court was angry with the Defendant for repeating his Plea to the Jurisdiction after it had been so solemnly over-ruled however they ordered the Plantiff to reply which he did by abridging his Plaint as to the Lands Descended and by a solid Answer to the rest of the Plea But at length the Parties agreed among themselves and Chivers for a small Consideration had a Release from Sir Peter however Sir Peter afterwards on the like Petition recovered the
march'd to strengthen the Earl of Thomond's Quarter 4. Levison tow'd his Ships out of Kingsale Harbour 5. A Scotch Vessel having eighty Spaniards on board 6. put them into Vice-Admiral Preston's hands and the same day Levison destroy'd the Spanish Ships at Castlehaven Many of the Provincials of Munster revolted and joyn'd with the Spaniards as did also O Donell's Army and O Conner Kerry surpriz'd Carigfoyle A small Skirmish with the Spaniards 8. and Tyrone's Army discovered in view The Camp fortified 9. 10. 11. The Spaniards made a slight Sally 12. Bad Weather 13. 14. The Artillery plaid 15. 16. The Spaniards made a Sally 17. and broke down a Platform Bad Weather 18. 19. Artillery plaid 20. and the Camp was fortified Tyrone appear'd between the Camp and Cork 21. and the Spaniards sallied ineffectually The same was repeated 22. The Artillery plaid 23. On the 24th of December hapned the famous Battle between the Lord-Deputy on the one side and Tyrone and Odonell and their Irish and some Spaniards on the other which I forbear to describe because is is done at large Pacata Hibernia 233. It will be enough to say that it ended in a glorious Victory the Rebels being totally routed and 1200 of them slain upon the place and above 800 wounded without any loss at all on the English side except one Cornet and five or six Souldiers nor did those Rebels that fled escape scot-free for Tyrone lost many of his Men and Carriages in his hasty passage over the Blackwater and they which passed through Connilogh suffered as much by the River Mage and met with a severe rebuke at Abby-owny It is strange that this Battle being fought within a mile of Kingsale the Spaniards in the Town should know nothing of it and yet it is certain they made no Sally till the Battle was over and even then they sallied twice to little purpose On the 28th Syriago with more Spaniards arrived at Castlehaven but finding that the Irish Army was beaten he wisely return'd home and on the 31st Don John de Aguila offered a Parly which after several expostulations centered in a Peace upon honourable Conditions recited at large in Pac. Hib. 245. On the 9th of January the Camp was dissolved and Don John rode with the Lord-Deputy to Cork and the Deputy dispersed his Army into Garrisons in Munster for their refreshment and sent the Captains Harvy and Flower to receive the the Castles of Dunboy Castlehaven and Baltimore from the Spaniards pursuant to the Capitulations and accordingly they were all surrender'd except Dunboy which the Irish surprized and soon after Forts were erected at Halbowling and Castlenipark and the like was intended at Baltimore and Beer-haven The Corporation of Kingsale had their Charter restor'd upon their Petition on condition nevertheless that the Townsmen should repair their Walls at their own charge and 2000 of the Army in List were cashier'd to lessen her Majesties charge On the 20th of January the Cardinal of St. George wrote a Letter to Tyrone Lib. C. stufft with fulsom Commendations of him and with passionate Exhortations to persevere in the defence of Religion the Letter began Illustrissime Excellentissime Princeps c. Several petty Accidents happened in Munster as the taking of Capeclear-Castle by Captain Harvy who was Governor of Carbry from Ross to Bantry and the slaughter of 18 of Donough Moyle mac Carty's men by the Lord Barry the execution of William mac Hubbard and the submission of Sir Finin O Driscol and Sir Owen mac Carty's Sons But I am not willing to make this History more voluminous than needs must and therefore I pass by many trivial Matters especially such as are at large to be found elsewhere and particularly in Pacata Hibernia On the 28th day of March 1602. the Lord Deputy came to Dublin in a Horse-litter being very much indispos'd however he disposed of the Army which was in List 16950 Foot and 1487 Horse into Garisons convenient for the Summer-service and it must not be forgot that this victorious Army did out of their Pay give 1800 l. to buy Books for the Library of the Colledge of Dublin which was faithfully laid out by Dr. Challoner and Mr. Vsher The Lord-Deputy being pretty well recovered marched to Dundalke and in the beginning of June came to the passage over the Black-water five Miles eastward of the Fort and sent Sir Richard Morison's Regiment to the North-side of the River and then he built a Bridge over the River and a new Fort to guard it which he called Charlemont and having left Captain Cawfeild and 150 Men in Garison there he sent Sir Richard Morison's Regiment to possess Dunganon but on their approach the Town and Tyrone's great House were purposely set on fire however they went thither and were followed by the Deputy and the rest of the Army Sir Henry Dockwra who had lately planted a Garison at Ony came also to the Deputy at Dunganon whereupon Tyrone retired to the Castle Row upon the Ban and the English wasted the Country as far as Eniskilling and took the Island of Magherlowny which was Tyrone's Magazine and another Island wherein they recovered three Pieces of the Queens Artillery Sir Arthur Chichester also came with his Forces from Carrifergus by the way of Loghsydny and being joyned by Morison's Regiment they built the Fort of Montjoy which was left with 850 Foot and 100 Horse under the Command of Francis Row Deputy-Governor to Sir Benjamin Berry and so the Victuals being almost spent the Army was forced to divide and Sir Henry Dockwra had directions to prosecute Tyrone from Ony by the way of Dungeven in O Canes Country and Sir Arthur Chichester was to do the like by the way of Toome and the Deputy himself resolv'd to assault him by the way of Killetro and so he marched to Monaghan on the 19th of July and having setled a Garison there and destroyed the Country and placed Connor roe Macguire on the borders of Fermannah he came to the Newry About the 10th of August Sir Arthur Chichester from Masserine and Sir Henry Danvers from the Newry had orders to march and besiege the strong Fort of Enislaghlin wherein most of Tyrone's Plate and choice Goods were deposited and accordingly they did attack that Fort and had it surrendred to them in a day or two and on the 19th of August the Garison were brought Prisoners to the Newry On the 20th of August the Lord-Deputy took the Field and encamped between Newry and Armagh and understanding that Tyrone was in Fermanagh he marched over the Bridge near Fort-Mountjoy and placed a Ward near Dunganon and and staid five days near Talloghoge and broke the Chair of Stone wherein the Oneals used to be inaugurated and destroyed the Country Here Sir Henry Dockwra with some Horse came to the Deputy and brought O Cane who had lately submitted And about the same
went into England to give his Majesty a full account of his happy and successful Administration of the Government for I find he was created Lord Baron of Belfast on the 23th of February 1615 and perhaps then made Lord High Treasurer THOMAS JONES Archbishop of Dublin Lord Chancellor Sir JOHN DENHAM Lord Chief Justice of the King's Bench were Sworn Lords Justices on the 11th of February 1615. The Archbishop was the worthy Ancestor of the Lords of Ranelagh And Sir John Denham was the first that raised any Profit to the Crown from the Customs in Ireland which were Lett for Five hundred Pounds the first Year and before his Death which happened the 6th of January 1638 they were improved to that degree that they were farmed at Fifty Four thousand Pounds per Annum But the Papists beginning again to grow very insolent it was necessary to hasten the new Lord-Deputy thither and therefore on the 30th of August 1616. Sir OLIVER SAINT JOHN afterwards Viscount Grandison 1616. was sworn Lord-Deputy he behaved himself briskly against the Papists who were at that time very high in Ireland Mr. Sullivan says He was a Bloody Man and that he swore he would in two Years banish all the Priests and that he levied 600000◠from the Papists for Fines and Forfeitures for not going to Church and that in Dublin only he imprisoned Ninety Citizens for denying the King's Supremacy all which is notoriously 〈◊〉 And about the same time a most Scandalous lying Book was published Entituled Annalecta Hiberniae written by David Rooth Vicar Apostolick at the Instigation and Charge of the Lord M And stuffed with innumerable Lyes and malicious Accusations of the King's Government in Ireland and yet dedicated to the Prince of Wales which is a high strain of Impudence and Folly to dedicate to the Son Reflections and Scandals upon the Father and as if that Author intended to mock the Son as well as to abuse the Father and that his Dedication to him should pass for nothing he has added another Dedication by way of Appeal to all Foreign Emperors Kings and Princes wherein he avers That the Irish look for nothing but that the King would use them like a King i. e. not like a Tyrant and when I have added that he compares the King to Julian the Apostate and Cajus Caligula and the English-men to Dogs and Wild-Beasts I have said enough of the Spirit and design of that malicious Author The Exorbitances of the Papists did indeed at this time oblige the Government to keep a stricter hand over them than hitherto they had done and two things were resolved on to humble them one was to banish all their Regulars which did in great numbers swarm almost every where in that Kingdom And the other was to suffer no Magistrates or Officers but what should take the Oath of Supremacy according to Law and in order thereunto there did issue a Proclamation against the Popish Clergy on the 13th of October 1617. Anno Dom. 1617. And afterwards on the 5th of March 1617 Donogh Earl of Twomond Lord President of Munster and Sir William Jones Lord Chief Justice of Ireland did by Virtue of a Commission under the Great Seal bearing date the 23d of January 1617 seize on the Liberties of Waterford and all their Rent Rolls Ensigns of Authority and their publick Revenues which amounted to Three Hundred and Four Pounds Ten Shillings per Annum and kept Assizes in the City for the County of Waterford The cause of this Seizure was because Nicholas White who from Michalmas 1615. to the 20th of October then next following did exercise the Office of Mayor of Waterford did on the 20th day of October 1615. refuse the Oath of Supremacy being then tendered to him by the Lord President by Virtue of a special Commission to that purpose and that upon his refusal the City Elected John Skiddy who Acted as Mayor till the 1st of May 1616. and then refused the same Oath being tendred to him by the Lord President whereupon the City chose Alexander Cuffe and swore him Mayor on the 27th of May who likewise on the 8th of July refused the aforesaid Oath of Supremacy before the Lords Justices whereupon he forbore to Act any farther in the Mayoralty and so it stood till the 1st of April 1617. at which time Walter Cleer was sworn Mayor and so continued Moreover the City had no Recorder since the Death of Nicholas Walsh Anno 1615 and yet in January 1616 there was a Goal Delivery held before the said John Skiddy without any Recorder and one William Person was then Condemned before him and afterwards by his Order executed for Felony And it appeared that the Statute of Elizabeth of Uniformity had not been given in Charge in their Sessions at Waterford for Two years past and all this was found by Inquisition taken the 5th day of September 1617. In the mean time there were sharp Contests between several great Families in Ireland about their Inheritance Lib. F. F. F. 199. the one was between Katherine Lady Power who was Heir General to the Deceased Lord Barry and the then Lord Barry Viscount Buttivant and that was happily Compos'd by the Kings Mediation and the Marriage of the Lord Barry with the Lady Power 's Daughter and the other was between Walter Earl of Ormond and the Lady Dingwell Heir General of Thomas Duff Earl of Ormond who died Anno 1614. Their Case is to be found the very last Case in my Lord Hobert's Reports and was refer'd to the King who Anno 1618. made his Award and divided the Estate between the contending Parties but the Earl of Ormond thought that Distribution so unequal that he refused to submit to it and therefore endured a long Imprisonment and many other Hardships from the Court but after his Death that Controversie was also happily Compos'd by the Marriage of his Grandson the young Earl of Ormond with the sole Daughter and Heir of the Lady Dingwell and that happy Couple improved that divided and shattered Estate to be the greatest and best belonging to any Subject in the Kings Dominions and are well known to the World by the Names of the first Duke and Dutchess of Ormond In the Year 1620. 1620. The famous Doctor Usher was made Bishop of Meath and not long after there arose a Dispute between the Archbishop of Armagh and the Bishop Elect of Clogher about the Exercise of Jurisdiction before Consecration but after some Expostulations the Controversie was peaceably Compos'd The Year 1621. 1621. was famous for the Congregation de Propaganda fide then Erected at Rome the influence whereof the Subjects of Great Britain and Ireland have felt to the purpose and in the same Year Thomas Viscount Thurles Father of the first Duke of Ormond was drowned It was in this Year that the King to mortifie some of the most active Members of the House of Commons that had fallen under his
Displeasure resolv'd to send them into Ireland and therefore a Commission under the Great Seal of England was directed to Sir Dudly Digs Rushworth 55. Sir Thomas Crew Sir Nathaniel Rich and Sir James Perrot and others to inquire of sundry Matters concerning his Majesties Service in Ireland as well in Point of Government Ecclesiastical and Civil as of Revenue and to inspect the State of the Kingdom and propagate Religion settle the Government and improve the Exchequer The Pretence of this Commission was the many Complaints of the Irish against the Lord Deputy not that there was any just occasion for those Accusations but that it is always their Custom to complain of any Governour That is a good Protestant and a good Englishman as this Lord Deputy was in perfection and is therefore to the last Degree hated and scandaliz'd by the Irish Papists and it is no wonder it should be so for their Interests are Diametrically opposite to that of an English Protestant and therefore it does necessarily follow that whoever Is faithful to the English will be odious to the Irish and subject to their Clamours and Contempts However the Lord Deputy was not wanting to his own Vindication and therefore wrote to the King that he met a Cloud of malicious Enemies instead of good Subjects and that even some of the Privy Council were Spies upon him and took occasions to lessen him tho' they had no other Provocation for doing so but his Examination of a certain Patent according to his Majesties special Order and his righting the Church against their Depredations And tho' the King in Answer August 1621. assur'd him That his Reputation stood without blemish and that his Majesty had sent him some Propositions which he was ordered to observe yet the Deputies Enemies not only prevail'd to have the aforesaid Commission of inspection issued but having gain'd that Point they urged that the Commission could not have any considerable Effect whilst the Lord Deputy continued in the Government and therefore procured that a Successor should be nam'd and that being also accomplish'd in the Choice of the Lord Viscount Falkland The Lords of the Council on 25th of January did advise the King by Letter to re-call the Lord Deputy immediately and to appoint Justices till the new Deputy could go over but the King from Nâ—wmarket on the 28th of January Answers That it were dishonourable to serve one in that eminent Station so unkindly without a Crime and that the new Deputy will be there before the Commissioners can be ready to enter on Business and with his own Hand adds this Postscript It was never wont to be my Fashion to disgrace any Ancient Minister of mine before he were heard To this the Lords of the Council on the Tenth of February reply That they design no Disgrace to the Lord Deputy nor do propose but what is usual and what was done on the removal of the Lord Chichester The King answer'd again That it was so done in the Case of the Lord Chichester because he had not resolv'd who should be the Successor However the Lords of the Council prevail'd and tho' the Lord Deputy did on the Ninth of February 1621. write to the Duke of Buckingham That he is content Publick Proclamation should be made That if he had done any wrong he might suffer for it so confident he was of his Innocency yet he suspected the Design of the intended Commission was to scandalize him and to that end the Commissioners were partial and therefore desires that iâ— the Bent of that Commission be against him then indifferent Men should be employ'd and if only Publick Good were design'd by it that then he might be one of the Commissioners yet he could not prevail in any of his Requests but was in May following remov'd tho' he was afterwards found not only Innocent but so deserving that he was soon after his Return created Viscount Grandison of Limbrick in Ireland Baron Trogose of Highworth in England Lord High Treasurer of Ireland and Privy-Counsellor of both Kingdoms ADAM LOFTUS Viscount ELY 1622. Lord Chancellor RICHARD WINGFIELD Viscount POWERSCOURT were sworn Lords Justices on the Fourth day of May and soon after received a Letter of the 29th of May from his Majesty ordering them to allow the new Lord Deputy Falkland his full Entertainment and all Perquisits c. from the day the Lord Grandison surrendred the Sword abating thereout for themselves at the Rate of 2000 l. per Annum for the time till he receives the Sword and that the House and Grounds of Kilmainham and the Port Corn be likewise reserved for the New Lord Deputy And it seems that these Lords Justices had seised the Lord Grandison's Papers after his removal for on the Eighteenth of June the King sent them a Letter to restore the Papers to that Lord's Servants and another Letter of the Twenty fourth of October was sent to the new Deputy to pay the Lord Grandison 230 l. for the Charges of his Voyage to England And on the 24th of July the King reciting That by a former Patent of the Second of November 1620. he had granted unto Sir William Irwing Two third parts of the forfeited Recognizances of Alehouse-keepers which his Majesty did intend to resume he therefore orders the Lords Justices to accept of Sir William's Surrender and in lieu thereof and for his Services to grant him the Fifth part of all the Profit of Ale-Licences for Twenty one Years commencing from the making of the Act of State for paying Three shillings six pence for every Licence But these Commissioners that went to Ireland were very busie in inquiring into the Misgovernment that was so loudly and bitterly complain'd of but they found by experience Rushw 17â— that too many of the Irish will complain without Cause However they publish'd new Instructions in print for the more orderly Government of the Courts of Justice and did declare That for the future the Council-Table should not administer an Oath in Matters of Interest or Title or in Complaints between Party and Party but should keep it self within its proper Bounds and afterwards November 7. 1625. a Proclamation was published to the same Effect These Commissioners did also make an Estimate of the Revenue and thought that it might be improved to 17067 l. 6 s. 8 d. more than it was in Harps i.e. Nine-pence pieces stamped with a Harp on one side which passed for a Shilling in Ireland so that Twenty shillings Irish was but Fifteen shillings Sterling but how much they were mistaken in their Computation will appear by a Table of their Estimate and an Account how the Revenue stood Anno 1632. 1622. 1632. First They supposed that the Officers of the Presidency might be paid out of the Profits of their respective Courts and so there would be saved per Annum 2657 l. 6 s. 8 d. But the Profits of those Courts do not amount to near that Sum and whatever they
for Sir William Saintleger to be Lord President of Munster And on the Fifteenth of March he ordered the Vice-Treasurer to pay what the Lord Deputy and Eight Privy-Counsellors should think fit for the Charges of the Lord Deputy's Progress On the Ninth of May 1627. upon Complaint of the Lord Courcy That Sir Dominick Sarsfeild had obtained the Title of Viscount Kinsale it was referred to the Lord president of the Council the Steward of the Houshold Earl of Totness Viscount Grandison and Chancellor of the Dutchy who report That the Lord Courcy and his Ancestors were Lords Courcy and Barons of Kinsale and Ringrone And thereupon the Defendant endeavor'd to carry the Barony to another Line and also alledged an Attainder but made out neither and then he propos'd That both Titles were consistent one to be Baron and the other to be Viscount of Kinsale But that being not thought convenient his Majesty orders That Sir Dominick quit the Title of Kinsale but retain the Name and Precedency of Viscount Sarsfeild and chuse some other Place to denominate his Honour and afterwards he did so and was created Viscount Killmallock And on the 24th of July the King orders That Nathaniel Catlin his second Serjeant at Law should have Precedence of the Attorney-General and Sollicitor-General and in February following his Majesty likewise gave Orders to make a new Examinator for the Court of Chancery there being but one Examinator in that Court before that time But in order to make the Papists the more willing to bear the great Charge of the Army and to consent to a constant Tax for its Support certain Propositions were set on foot in their favour viz. to suspend all Proceedings against them for Marriages and Christnings by Priests and to give them liberty of Suing out Liveries and Ouster le mains without taking the Oath of Supremacy with design to introduce a more Publick Toleration of Religion for which a good Sum of Money should be paid to his Majesty to maintain the Army to which end a Great Assembly of the Nation was Convok'd by the Lord Deputy But the Protestant Archbishops and Bishops abhorring this gross and scandalous Proposal did on the 26th day of November 1626. at the Lord Primate's House unanimously vote and subscribe the following Protestation viz. The Judgment of divers of the Archbishops and Bishops of Ireland Life of Archb. concerning Toleration of Religion Vsher 28. THe Religion of the Papists is Superstitious and Idolatrous their Faith and Doctrine Erroneous and Heretical their Church in respect of both Apostatical To give them therefore a Toleration or to consent that they may freely exercise their Religion and profess their Faith and Doctrine is a grievous Sin and that in two Respects For First It is to make our selves accessory not only to their Superstitions Idolatries and Heresies and in a word to all the Abominations of Popery but also which is a Consequent of the former to the Perdition of the seduced People which perish in the Deluge of the Catholick Apostacy Secondly To grant them a Toleration in respect of any Money to be given or Contribution to be made by them is to set Religion to sale and with it the Souls of the People whom Christ our Saviour hath redeemed with his most precious Blood And as it is a great Sin so it is also a Matter of most dangerous consequence the Consideration whereof we commit to the Wise and Judicious beseeching the God of Truth to make them who are in Authority zealous of God's Glory and of the Advancement of True Religion zealous resolute and couragious against all Popery Superstition and Idolatry Amen Ja. Armachanus Mal. Casellen Anth. Medensis Tho. Ferns Leghlin Ro. Dunensis Georg. Derensis Richard Cork c. Andr. Alachadens Tho. Kilmore Ardagh Theo. Dromore Mic. Waterford Lismore Fra. Limerick This zealous Protestation of the Bishops against Popery which Downham Bishop of Derry read to the State in the midst of his Sermon at Christchurch on the 23th day of April 1627. drew on a Remonstrance from the House of Commons in England to his Majesty to this effect That the Popish Religion was publickly profest in every Part of Ireland and that Monasteries and Nunneries were thsre newly erected and replenished with Votaries of both Sexes which would be of evil Consequence unless seasonably repress'd These two extraordinary Actions put a stop to any farther Endeavors for the publick Exercise of Popery at that time Nevertheless because the Irish Agents in England did consent to the payment of 120000 l. in three Year it was thought reasonable that the King should signifie his Gracious Acceptance thereof by conferring some extraordinary Favours on the Agents and Contributors And therefore the King did on the 24th day of May not only grant them the following Graces which were transmitted to Ireland by way of Instructions to the Lord Deputy and Council but also sent with it a Letter recommending the Lord of Killeen and the Lord Poer and the rest of the Irish Agents to the Lord Deputy's Favour desiring that he would order such Moneys to be paid them by the Country as they were promis'd for their Agency and that he should issue necessary Warrants and Directions for levying the same Instructions to be observed by Our Right Trusty and Well-beloved Cousin and Counsellor Henry Lord Viscount Falkland Our Deputy-General of Our-Realm of Ireland and by Our Council there and by the Deputy or other Chief Governor or Governors and Council there which hereafter for the time shall be and by all other Our Officers and Ministers whom it may severally or respectively concern I. AT the humble Requests presented unto Us on the behalf of Our Subjects of Ireland upon mature Consideration had thereof and by the Advice of Our Privy-Council We are graciously pleased in the first place to order and direct for the better Preservation and Ease of our said Subjects that Our Soldiers there be called in and limited to the most Serviceable Garrisons and that they be not called from thence upon any Pretence but against the Enemy or Rebel that makes Head II. For the Collection of Our Rents in case of Default That first a Summons Process shall issue Secondly That a Purâ—uivant be sent and Lastly If this be not sufficient in case the Sum be of value that then Our Vice-Treasurer by Warrant from Our Deputy and Council shall appoint a competent Number of Soldiers of the next adjoyning Garison to collect Our said Rents at the Charge of the Parties complained of having care that any Man be not burdened with a greater number of Soldiers than the Service shall necessarily require III. And when Necessity requires the Marching of Our said Soldiers against the Enemy or Rebel That the Officers imploy'd shall give Ready Money or Ticket to be defalked out of their Entertainment and duly paid into the Country upon demand without taking Money Pawns or Distresses but such Meat and
Lord Deputy He was sworn on the Third of April and was an intimate Friend of the Lord Lieutenants and was suspected to have imployed Agents to raze out of the Journal-Book of the House of Commons some Instructions that were agreed upon by that House for a Committee to Impeach the Earl of Strafford but it is certain he did what he could to hinder that Committee from going to England And besides Persuasions Rushw 469. he proceeded to forbid them that voyage upon their Allegiance Nevertheless they all got away privately some from one Port and some from another and came safely to England This Committe were the Lords Gormanstowne Killmallock Costilo and Baltinglass for the Upper House Nicholas Plunket Sir Robert Digby Richard Fitz-Gerrald and Nicholas Barnwall for Leinster Sir Hardress Waller John Welsh Sir Donough mac Cartby for Munster Robert Linch Geoffry Browne and Thomas Burk for Connught and Sir William Cole and Sir James Mountgomery for Ulster and they carried with them a Remonstrance from the Irish Parliament against the Earl of Strafford whom they prosecuted effectually and were under-hand so to do by the Discontented part of the Parliament of England And because this Remonstrance contains a great part of the History of those Times I have thought necessary to add it in haec verba To the Right Honourable the Lord Deputy The Humble and Just Remonstrance of the Knights Citizens and Burgesses of the Parliament Assembled SHEWING THat in all Ages since the happy Subjection of this Kingdom to the Imperial Crown of England Rushw 11. it was and is a Principal Study and Princely Care of His Majesty and His Noble Progenitors Kings and Queens of England and Ireland to the vast Expence of Treasure and Blood that their Loyal and Dutiful People of this Land of Ireland being now for the most part derived from British Ancestors should be Governed according to the Municipal and Fundamental Laws of England that the Statute of Magna Charta or the Great Charter of the Liberties of England and other Laudable Laws and Statutes were in several Parliaments here Enacted and Declared that by the means thereof and of the most prudent and benign Government of His Majesty and His Royal Progenitors this Kingdom was until of late in its growth a flourishing Estate whereby the said People were heretofore enabled to answer their humble and natural Desires 〈◊〉 comply with His Majesty's Princely and Royal Occasions by their Free Gift of One hundred and fifty thousand pounds Sterling and likewise by another Free Gift of One hundred and twenty thousand pounds more during the Government of the Lord Viscount Faulkland and after by the Gift of Forty thousand pounds and their free and chearful Gift of Six intire Subsidies in the Tenth Year of His Majesty's Reign which to comply with His Majesty 's then Occasions signified to the them House of Commons they did allow should amount in the Collections unto Two hundred and Fifty thousand pounds although as they confidently believe if the Subsidies had been Levied in a moderate Parliamentary way they would not have amounted to much more than half the Sum aforesaid besides the Four intire Subsides granted in this present Parliament So it is may it please Your Lordship by the occasion of the ensuing and other Grievances and Innovations though to His Majesty no considerable Profit this Kingdom is reduced to that extream and universal Poverty that the same is lesâ— able to pay Subsidies than it was heretofore to satisfie all the before-recited great Payments And His Majesty's most Faithful People of the Land do conceive great Fears that the said Grievances and Consequences thereof may be hereafter drawn into Precedents to be perpetuated upon their Posterity which in their great Hopes and strong Beliefs they are persuaded is contrary to His Royal and Princely Intention towards His said People Some of which said Grievances are as followeth I. The general apparent Decay of Trades occasioned by the new and illegal raising of the Book of Rates and Impositions upon Native and other Commodities exported and imported by reason whereof and of extreme Usage and Censures Merchants are beggar'd and both disenabled and discouraged to Trade and some of the Honourable Persons who gain thereby are often Judges and Parties and that in the conclusion His Majesty's Profit thereby is not considerably advanced II. The Arbitrary Decision of all Civil Causes and Controversies by Paper Petitions before the Lord Lieutenant and Lord Deputy and infinite other Judicatories upon Reference from them derived in the nature of all Actions determinable at the Common Law not limited into certain Time Cause Season or Thing whatsoever and the Consequences of such Proceedings by receiving immoderate and unlawful Fees by Secretaries Clerks Pursuivants Serjeants at Arms and otherwise by which kind of Proceedings His Majesty loseth a great part of His Revenue upon Original Writs and otherwise and the Subject loseth the Benefit of his Writ of Error Bill of Reversâ—l Vouchers and other legal and just Advantages and the ordinary Course and Courts of Justice declined III. The Proceedings in Civil Causes at Council-board contrary to the Law and Great Charter not limited to any certain Time or Season IV. That the Subject is in all the Material Parts thereof denied the Benefit of the Princely Graces and more especially of the Statute of Limitations of 24 Jac. granted by His Majesty in the Fourth Year of His Reign upon great Advice of the Councils of England and Ireland and for great Consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdom in open Assizes whereby all Persons do take notice that contrary to His Majesty's Pious Intentions His Subjects of this Land have not enjoyed the Benefit of His Majesty ' Princely Promise thereby made V. The Extrajudicial Avoiding of Letters Patents of Estates of a very great part of His Majesty's Subjects under the Great Seal the Publick Faith 〈◊〉 the Kingdom by Private Opinions delivered at the Council-board without Legal Evictions of their Estates contrary to Law and without Precedent or Example of any former Age. VI. The Proclamation for the Sole Emption and Uttering of Tobacco which is bought at very low Rates and uttered at high and excessive Rates by means whereof thousands of Families within this Kingdom and of His Majesty's Subjects in several Islands and other Parts of the West-Indies as your Petitioners are informed are destroyed and the most part of the Coin of this Kingdom is engrossed into particular Hands insomuch that your Petitioners do conceive that the Profit arising and engrossed thereby doth surmount His Majesty's Revenue Certain or Casual within this Kingdom and yet His Majesty receiveth but very little Profit by the same VII The universal and unlawful Encreasing of Monopolies to the Advantage of a Few the Disprofit of His Majesty and Impoverishment of His People VIII And the extreme cruel Usage of certain late Commissioners and
other Stewards of the British Farmers and Inhabitants of the City and County of London-Derry ☞ by means whereof the worthy Plantation of that Country is almost destroyed and the Inhabitants are reduced to great Poverty and many of them forced to forsake the Country the same being the first and most useful Plantation in the large Province of Ulster to the great weakning of the Kingdom in this Time of Danger the said Plantation being the principal Strength of those Parts IX The late Erection of the Court of High-Commission for Causes Ecclesiastical in these necessitous Times the Proceedings of the said Court ' in many Causes without Legal Warrant and yet so supported as Prohibitions have not been obtained though legally sought for And the excessive Fees exacted by the Ministers thereof and the Encroaching of the some upon the Jurisdiction of other Ecclesiastical Courts of this Kingdom X. The exorbitant Fees and pretended Customs exacted by the Clergy against the Law some of which have been formerly represented to your Lordship XI The Petitioners do most heartily bemoan that His Majesty's Service and Profit are much more impaired than advanced by the Grievances aforesaid and the Subsidies granted in the last Parliament having much increased His Majesty's Revenue by the buying of Grants and otherwise And that all His Majesty's Debts then due in this Kingdom were satisfied out of the said Subsidies and yet His Majesty is of late as the Petitoners have been informed in the House of Commons become indebted in this Kingdom in great Sums And they do therefore humbly beseech That an exact Account may be sent to His Majesty how and in what manner his Treasure is issued XII The Petitioners do humbly conceive just and great Fears at a Proclamation published in this Kingdom in Anno Domini 1635. prohibiting Men of Quality or Estates to depart this Kingdom into England without the Lord Deputy's Licence whereby the Subjects of this Kingdom are hindred and interrupted from free Access to Address to His Sacred Majesty and Privy-Council of England so declare their just Grievances or to obtain Remedies for them in such sort as their Ancestors have done in all Ages since the Reign of King Henry the Second and great Fees exacted for every of the said Licences XIII That of late His Majesty's Attorney-General hath exhibited Informations against many ancient Burroughs of this Kingdom into His Majesty's Court of Exchequer ☜ to shew cause by what Warrant the said Burroughs who heretofore sent Burgesses to Parliament should send Burgesses to the Parliament And thereupon for want of an Answer the said Privileges of sending Burgesses were seised by the said Court Which Proceedings were altogether coram non Judice and contrary to the Laws and Privileges of the House of Parliament and if way should be given thereunto would tend to the Subversion of Parliaments and by consequence to the Ruin and Destruction of the Commonwealth And that the House of Commons hath hitherto in this present Parliament been deprived of the Advice and Counsel of many profitable and good Members by means thereof XIV By the Powerfulness of some Ministers of State in this Kingdom the Parliament in its Members and Actions hath not its natural Freedom XV. And lastly That the Gentry and Merchants and other His Majesty's Subjects of this Kingdom are of late by the Grievances and Pressures before said and other the like brought very near to Ruin and Destruction And the Farmers of Customs Customers Waiters Searchers Clerks of Unwarrantable Proceedings Pursuivants and Gaolers and sundry others very much enriched whereby and by the slow Redress of the Petitioners Grievances His Majesty's most faithful and dutiful People of this Kingdom do conceive great Fears that their Readiness approved upon all Occasions hath not been of late rightly represented to His Sacred Majesty For remedy whereof the said Petitioners do humbly and of right beseach your Lordship That the said Grievances and Pressures may be speedily redressed and if your Lordship shall not think fit to afford present Relief that your Lordship might admit a select Committee of this House of Persons uninteressed in the Benefit arising of the aforesaid Grievances to be licensed by your Lordship to repair to his Sacred Majesty in England for to pursue the same and to obtain fitting Remedy for their aforesaid and other just Grievances and Oppressions And upon all just and honourable Occasions they will without respect of particular Interest or Profit to be raised thereby most humbly and readily in Parliament extend their utmost Endeavors to serve His Majesty and comply with His Royal and Princely Occasions And shall pray c. As soon as the Lord Deputy had notice of this Remonstrance and perceived the Fury of the Irish Parliament he took occasion to Prorogue it on the Twelfth day of November but whatever he could do was ineffectual to stem the Tide which now ran too violent against him And therefore being heart-broken with his own and the Earl of Strafford's Misfortunes he died suddenly on the Third day of December 1640. Whereupon ROBERT Lord DILLON of Killkenny-West afterwards Earl of Roscomon Sir WILLIAM PARSONS Knight and Baronet Master of the Court of Wards were on the Thirtieth of December sworn Lords Justices 1640. But the Lord Dillon beings for his Intimacy and Alliance with the Earl of Strafford obnoxious to the aforesaid Irish Committee he was at their Instance removed and Sir WILLIAM PARSONS Master of the Court of Wards Sir JOHN BORLACE Master of the Ordnance were sworn Lords Justices on the Tenth of February to whom the King by his Letters of the Fourth of January before sent Orders at the Request of the Irish Committee That the Irish Subsidies which heretofore were Forty thousand Pounds should be reduced to a less Sum than formerly and that all Letter 's sent to the Chief Governor or other Publick Officers touching Publick Affairs or the Subjects Private Interests should be entred in the Signer-Office in England to the end the Subjects upon occasion might take Copies thereof and that all Dispatches from Ireland should be safely kept apart for the easier and readier recourse thereto and that His Majesty approves of the Repair of His Subjects to appeal to Him notwithstanding any Prohibition in Ireland to the contrary and orders That no body be prosecuted or molested on that score and that the Irish Committee shall have Copies of all Records Certificates Orders of Council Publick Letters or other Entries that are necessary to manifest or prove their Grievances And this Letter was on the Tenth of February 1640. by the Irish Parliament then sitting ordered to be entred amongst the Records and Ordinances of that House And soon after Rushw 15. the Irish Parliament did vote the following Grievances to be transmitted to their Committee in England which it seems were couched in Two Petitions one to the King and the other to the Parliament and both carried over by John Bellew
Alexander Mac Donald alias Culkittagh who gave him a severe Attack whereupon the Scots gave way and the whole Party was routed and Six hundred Protestants slain And soon after the Rebels animated with this Success besieg'd Colerain but the Lord of Antrim not only perswaded the Irish to raise that Siege but also sent Provisions and other relief into the Town believing that this obliging Carriage would prevail with the Town voluntarily to put it self under his Protection but in that he found himself mistaken In this Extremity was the Province of Ulster so that every Man that was left was necessitated to betake himself to Arms whereby such a Competent force was raised as put a stop to the Career of the Rebels there were Three Troops and Three Regiments of Foot under Sir Robert Stewart Sir William Stewart and Colonel Audly Mervin in and near London-Derry and these were called the Lagan Forces Sir John Clotworthy had a Regiment and a Troop in the Town of Antrim and the Lord Conwey had the like at Lysnegarvy and the Lord of Ardes Sir James Mongomery Colonel Hill Captain Chichester Sir Arthur Tyringham and Sir Hans Hamilton had likewise some Forces in the County of Downe all which did Service but none did that prodigious Execution upon the Rebels as Sir Frederick Hamilton's Regiment at Mannor Hamilton and Sir William Cole's Regiment at Iniskilling But it will be fit to inquire how the Irish Affairs were managed in England where the Parliament upon whom the King had devolv'd the Management of the Irish War did during his Majesty's absence in Scotland heartily espouse the Cause of the Irish Protestants and not only voted briskly for their Relief as hath been already mentioned but did also effectually set all Engins at work for the Preservation of that Kingdom and appointed a particular Committee for Irish Affairs And now when the King was return'd to London His Majesty expressed no less Zeal in that Matter and Detestation of that Rebellion than the Parliament had done They seem'd to vie with one another who should do most to save that Island and to revenge that barbarous Massacre committed upon the Protestants there and yet at length by unhappy Differences that arose between Themselves both of Them were hindred from doing what each of Them design'd So that whilst Englishmen were destroying each other in Civil Wars here the British in Ireland were expos'd to the Insults of a numerous and inveterate Enemy without their Garisons and to the want of all Necessaries within them But to proceed 1641. On the Twenty eighth of December the King sent the following Message to the House of Lords Husbands's Collect. 33. viz. His Majesty being very sensible of the great Miseries and Distresses of His Subjects in the Kingdom of Ireland which go daily increasing so fast and the Blood which hath been already spilt by the Cruelty and Barbarousness of those Rebels crying out so loud and perceiving how slowly the Succours design'd thither go on His Majesty hath thought fit to let your Lordships know and desires you to acquaint the House of Commons therewith That His Majesty will take Care that by Commissions which He shall grant Ten thousand English Voluntiers shall be speedily raised for that Service if the House of Commons shall declare that they will pay them But the Disturbance about the Impeachment of the Five Members hapning so soon after this as it did suspended the further Debate of that Matter and tho' the Commons on the Fifth of January adjourn'd their Committee for Irish Affairs to Guildhall Ibidem 64. yet the next Vote relating to Ireland that I find is that which center'd in an Order of Both Houses dated the Twenty ninth of January to apprehend and examine all such suspected Papists as are going to Ireland and to stay all Arms Ammunition Money Corn c. intended for the Relief of the Rebels and to send back or prosecute such wandring Irish Papists as lately landed in the West And in a day or two after there was a Complaint That notwithstanding this Order the King had licensed several Papists to transport themselves to Ireland who had joyned with the Rebels and Mr. Pym speaking freely of that Matter in a Conference amongst other things he said That since the Stop upon the Ports by both Houses against all Irish Papists many of the Commanders now in the Head of the Rebels have been suffered to pass by His Majesty's immediate Warrant And afterwards the Parliament instanc'd Colonel Butler Mr. Nettervill Sir George Hamilton the Lord Delvin and Four more Whereupon His Majesty by His Message of the Second of February expostulated with them and affirms That the Licence to Butler Nettervill and Hamilton was before he had any Intimation of that Order and that tho' they were Papists He had reason to believe they would not joyn with the Rebels and desires them to clear Him from that Aspersion by a Publick Declaration But in January there was a Treaty with the Scots Commissioners about the Relief of Ireland Whereupon they made these Proposals viz. COncerning the Proposition made to us Husbands's Collect. 57. 22 January from the Committees of Both Houses for the transporting presently to Ireland of the Two thousand five hundred Men now on foot in Scotland we having no Instruction for that end cannot by our selves condescend otherwise than upon the Closure of the Treaty but shall most heartily represent it to the Council of Scotland and second the same with our earnest Desires That every thing may be done which may contribute to the Preservation of that Kingdom and may testifie our brotherly Affection to this And that we may be the more able to move the Council to condescend to the same we desire the Propositions following to be granted 1. That Provision of Victuals be presently sent to Carrickfergus to be sold to our Soldiers at reasonable Rates answerable to their Pay 2. That an Order be set down how they shall be paid there and from whom they may require the same 3. That they have the Command and Keeping of the Town and Castle of Carrickfergus with Power to them to remain still within the same or to enlarge their Quarters and to go abroad into the Country upon such Occasions as their Officers in their Discretion shall think expedient for the Good of that Kingdom And if it shall be thought fit that any Regiments or Troops in that Province shall joyn with them that they receive Orders from the Commanders of our Forces 4. That Provision of Match Powder and Ball be presently sent to Carrickfergus and what Arms Ammunition or Artillery shall be sent over with them from Scotland that the like Quantity be sent from hence to Scotland whensoever the same shall be demanded 5. That a part of the Thirty thousand Pounds of the Brotherly Assistance be presently advanced to us which altho' in a just Proportion to these Men it will amount but to Seven
Warrant from Mr. Nicholas Plunket And on the Fourteenth of November they nam'd their Supreme Council viz. LEINSTER Archbishop of Dublin jurat Viscount Gormanstown jurat Viscount Mountgarret jur resid Nicholas Plunket jur resid Richard Beling jur resident James Cusack jur resid CONAUGH Archbishop of Tuam jur Viscount Mayo Bishop of Clonfert jur resid Sir Lucas Dillon jur Patrick Darcy jur resident Jeofry Brown jur resident MUNSTER Viscount Roch jur resid Sir Daniel O Bryan Edmond Fitzmorris jur Doctor Fennell jur Robert Lambart jur resid Geo. Comyn jur ULSTER Archbishop of Armagh jur resid Bishop of Down jur resid Philip O Reyly jur resid Colonel Mac Mahon jur Ever Macgenis jur Tirlagh O Neal. They also appointed Provincial Councils and ordered That the Supreme Council may authorise One or more to sollicit Aid of Foreign Princes to advance this Common and Holy Cause and may give them Instructions And on the Fifteenth of November they appointed the Lord Mountgarret to be president and Richard Shea to be Clerk of the Supreme Council And that the Officers of the Army calling to their Assistance one or more of each Province should concert the Measures of carrying on the War And that the Supreme Council shall send an Agent to the King to inform Him of the Motives and Causes of this Holy War and of the Grievances of the Kingdom And they appoint Sir Richard Barmwall Muster-master General and order Four thousand Pounds in Money to be new Coined And on the Sixteenth of November they ordered 31700 Men to be raised in the following Counties whereof 5300 Foot and 520 Horse were to go to the Army and the rest to be for the Defence of the Country and the Garisons viz. Â Â Â Foot Horse West-Meath 3000 whereof for the Army 500 50 Meath 3000 Â 500 50 Kildare 3000 Â 500 50 Wexford 3000 Â 500 50 Kings County 2800 Â 500 30 Queens County 2400 Â 400 40 Wickloe 2400 Â 400 40 Dublin 2000 Â 300 50 Kilkenny City 3000 Â 500 50 Louth 1700 Â 300 20 Longford 3000 Â 500 50 Catherlogh 2400 Â 400 40 Â 31700 Â 5300 520 And on the Nineteenth of November they order'd That the King's Revenue be duly gathered up for the making a Common Stock for the Use of the Kingdom And on the Twentieth they appointed the Lord Brittas John Kelly John Baggot James Darcy Maurice Fitzharris and Maurice Baggot a Committee to enquire after Protestants Goods and Lands in the County of Limerick And on the 21th day James Cusack who before the Rebellion was one of the King's Council and Clerk to the Commission of Grace was appointed Attorney-General And it was ordered That Soldiers be Cessed on all Persons and Places that are refractory in paying their Quotâ— of the Contribution and that every Burgess shall have Five shillings per diem and every Knight of a Shire Ten shillings per diem during the Assembly and for Ten days before and after it and that the Earl of Castlehaven devise an Order of Knighthood concerning the Honor of St. Patrick and the Glory of the Kingdom And so on the Ninth of January this Assembly was Dissolved leaving the Government in the Hands of The Supreme Council who notwithstanding his Majesty's Proclamation of 1 January 1641. under His own Signet to the contrary acted as a SEPARATE STATE and contrary to their own Oath of Maintaining the King's Prerogative and their Pretence of taking Arms for it they usurped all the King's Prerogatives even to that of Coining Money and sending Ambassadors to Foreign Princes and to the Granting of Letters of Mart and Reprisalâ— whereof the Reader may see a Precedent Burlace pag. 97. And thus Matters â—ood in Ireland in the Year 1642. In the close of the last Year we left our small Army near Ross 1643. which tho' Victorious was nevertheless in a sad Condition being meanly â—â—oatlied in Fed and worse Paid so that tho' the Lords Justices and Council did send a pressing Letter to the Lieutenant General to keep the Army abroad because there was no Subsistence for them in Dublin and the better to enable him thereunto they sent him Six thousand Pound of Bisket and Ten Barrels of Powder and the like quantity of Match and Musket Bullet yet the Wants of the Army were so great in all manner of Necessaries that it was impossible to keep the Field and therefore they returned to Dublin It is one of the most difficult things in the World to keep an ill-paid Army in exact Discipline for the Soldier that is denied his Due will expect a Connivance upon any Extortion that is less than Equivalent to his Pay and from one Degree it passes to another till it Centers in Licentiousness and thus it happened in Dublin the Officers at first winked at the little Rapines of the Soldiers till at length they openly plundered the Markets but this was the way to spoil all and by discouraging the Market Folks to starve themselves therefore it was strictly prohibited by a severe Proclamation and some Offenders were made Examples whereupon many of the Officers of the Army on the Fourth of April 1643 presented the Government with a very bold and threatning Remonstrance quod vide Appendix 20. which they say was another Cause of the ensuing Cessation But General Preston having again besieged Ballynakill Colonel Crawford on the Eleventh of April marched from Dublin with Thirteen hundred Foot and One hundred and thirty Horse to raise that Siege but he could not perform it and so that place was surrendred But I should have mentioned that the Lords Justices and Council to prevent any Peace or Cessation with the Irish did send His Majesty a most excellent Letter of the Sixteenth of March 1642. recited at large here Appendix 4. which it seems was not well relished at Court for not long after Sir William Parsons who was a great Promoter of that Letter was removed and thereupon accused of Treasonable misdemeanours by Major Butler and Sir Francis Warren but there being more of Malice than Truth in that Impeachment it came to nothing however Sir JOHN BURLACE and Sir HENRY TICHBURNE were Sworn Lords Justices on the Twelfth of May and on the Twenty fifth of the same Month the Pope sent over his Bull of Indulgence to the Confederates which is to be found here Appendix 15 and was published by the Irish even after the Cessation was concluded But the Lords Justices and Council were tyred in contriving ways to support the Soldiery and at length they thought upon an Excise and by their proclamation of the Twenty fourth day of June imposed it for Six Months unless other relief for the Army should be sent in the mean time This Excise was exceeding high amounting to half the value of the Commodity in lieu whereof the Retailer was permitted to advance his Price a Moiety more than
it was before The Protestants considered the necessity of this Tax and patiently submitted to it but the Papists made all the opposition they could but in vain for there was no other way left and this it self was not sufficient to prevent the mutiny and the ruin of the Army All these things tended to draw on the Cessation which the Marquess of Ormond by His Majesties Letter of the Twenty third of April was ordered to make with the Irish and was by a Second Letter from His Majesty of the Third of May brought to him by Mr. Brent pressed to hasten and by a Third Letter of the Second of July and a Fourth of the Seventh of September he was farther importuned in that Matter nevertheless there was a Party in the Council upon whom the Villanies of the Rebels had made so deep an Impression that they could not endure to hear of any Treaty with the Confederates and therefore the Marquess of Ormond on the Twenty second of June made a Motion in Council which is Entered in the Council-Book as followeth viz. By the Lords Justices and Council Jo. Borlace Hen. Tichburne THE Lord Marquess of Ormond this day moving at this Board that if Ten thousand Pounds may be raised whereof the one half to be in Money and the other in Victuals and to be brought in within a Fortnight that his Lordship would in such Case proceed in the War and immediately endeavour to take in Wexford and forbear to prooceed in the intended Treaty of Cessation of Arms with the Rebels It was thought fit to call before Us the Mayor of this City of Dublin and others who appearing We had Conference with them at this Board concerning the same and find that such is the Poverty of this Place and People as that Sum of Money or Proportion of Victual cannot be raised Given at His Majesties Castle of Dublin 22d June 1643. La. Dublin Roscommon Edw. Brabazon Char. Lambert Adam Loftus William Parsons Thomas Lucas Francis Willoughby G. Wentworth But whether they thought that Supplies would be sent from England or that they were willing to struggle with any Extremities rather than to have Correspondence with the Murderers of their Friends and Relations and the Plunderers of themselves it is certain that Part of the Council still continued averse to the Cessation Hereupon Sir Robert Meredith Sir William Parsons Sir John Temple and Sir Adam Loftus were Committed to Prison by His Majesties Order on the Second of July and on their Petition they were refus'd to be Bayl'd but they had the Liberty of the Castle with a Keeper But on the 4th of July the Lords Justices and Council received a smart Letter from the two Houses of Parliament in England taxing them with Publishing That their present Difficulties were occasioned by the Failures of the English Parliament To which they returned as Tart an Answer on the Twenty eighth of October importing That they gave full frequent and seasonable Notice of all their Wants from time to time to the English Parliament and therefore did not know where else to lay the blame In the mean time there hapned a pleasant Passage on the Eighth of July at which time the Lords Justices and Council sent a Message in writing to the Confederates Purporting that if the Rebels would release Captain Farrer they would exchange Captain Synot for him but the Confederates were so distasted at the word Rebels that they sent back this Answer We do not know to whom this Certificate is directed and we will avow Our selves in all Our Actions Bur. 128. to be His Majesties Loyal Subjects neither shall it be safe henceforth for any Messenger to bring any Paper to Us containing other Language than such as Suits with Our Duty and the Affections We bear to His Majesties Service wherein some may pretend but none shall have more real Desires to farther His Majesties interest than His Majesties Loyal and Obedient Subjects Mountgarret Muskery Fr. Thom. Dublin Malachias Tuamen Castlehaven Audley R. Bealing Torlo O Neile Patr. Darcy And it is observable Lords Justices Letter of 29. July 4â— that Sir John Netervill being indicted of Treason Petitioned the King setting forth that his Witnesses were forced by the Rack to swear more than was true and instances Cornelius Moran and that his own Examination was mutilated of all Matters that might excuse or lessen his Crime but upon Search it appeared that Cornelius Moran was not made use of as an Evidence against him at all and that the Clauses he mentioned to be expung'd were found uncancell'd in his Examination It seems that the Treaty about the Cessation so influenced the Army that it did little this Summer only Colonel Monk on the 27th of June issued out with a Party of Thirteen hundred Foot and 140 Horse and he had the good Fortune at a Pass on the Boyne near Castlejordan to encounter Four thousand Irish Foot and Six hundred Horse under General Preston and to get the better of them however for want of Provisions he was fain to march to Wickloe and was afterwards Commanded thence into Meath to attend Owen Roe O Neal whose Army was near Portlester and there he joyned the Lord Moor who was Commander in chief of this Party and tho' it did not come to a Battel yet the valiant Lord Moor was unfortunately Slain by a Shot from a great Gun not many days before the Cessation was concluded Neither was there much done in the rest of the Provinces for the same Reason but the little that was done ought to be mentioned before we touch the Cessation that so we may take that Treaty entire And first in Munster the Lord of Insiquin divided his Army in the beginning of May and himself marched westward Battel of Killworth whilst Sir CHARLES VAVASOR went Eastward and took Mac Thomas's Castle and other Castles in the County of Waterford But on the Twenty seventh of May the Army to the number of Four hundred Horse and Four thousand Foot rendevouzed at Bottivant from whence Lieutenant Colonel Story with Two hundred Horse and Twelve hundred Foot was detached into Kerry where they got a Considerable Prey and also rescued some English and on the Twenty eighth the Lord Insiquin with the rest of the Army marched to Killmallock and ranged to and fro thereabouts whilst on the Thirty first of May Sir Charles Vavasor with another Detachment attacked the strong Castle of Cloghleagh which he took on the Third of June but on the Fourth of June by great negligence and want of Conduct he was well beaten by the Earl of Castlehaven on the Plain between Formoy and Killworth and Six hundred English were there slain and Sir Charles and others were taken Prisoners which was a just Judgment upon them for suffering some inferiour Officers to violate the Quarter they had given to the Garrison of Cloghleagh and by this Considerable Victory the Rebels were so elevated that they made a brisk
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
their first Legate to the Pope and Secretary to the Supream Council But to proceed the Supream Council could not deal with the Nuncio and his Party without the Assistance of Insiquin for Owen Roe stood firm to the Nuncio so that on the 11th of June he proclaimed War against the Supream Council altho' he had sworn Fidelity to them but 't is probable the Nuncio absolved him of that Oath Beling 118. and therefore they did not only borrow Five hundred Horse from Insiquin under the Command of Major Doily but did also on the Twenty seventh of May publish a Declaration exhorting the People to their Duty and Defence and did likewise renew their Oath of Association on the 20th of June and the same day declared War against Owen Roe and his Adherents In the mean time the Nuncio the very next day after he had Excommunicated the Supream Council sent them word that he design'd to Indict a National Synod at Athlone but they were so far from approving of that that they ordered the Marquiss of Clanrickard who sided with them ever since this last Cessation with Insiquin and whereof he was a great Instrument and General Preston to besiege Athlone which they accordingly perform'd and took it before Owen Roe could march up to its relief Upon the taking of Athlone the Nuncio went to Gallaway which Town had agreed to the Cessation and therefore all Divine Offices were interdicted and the Churches were shut and the very Ensigns of Authority were forced from the Mayors own House but that Insolence occasioned such a Tumult that if those Badges of Office had not been immediately returned to the Mayor by the same hand that took them it had certainly come to Blows and Blood in the very Streets and as it was two or three Men were slain in the Scuffle when the Archbishop of Tuam caused the Church Doors to be opened by force Review 132. But what is yet more horrible and monstrous is that the Fryars every where Preached unavoidable Damnation to all those that should adhere to the Cessation which Doctrine confounded the silly People to the utmost Degree of Distraction and Madness and yet as if this were not enough when those who had some Sense and Moderation yet left made a Scruple to fight against their near Relations and those of their own Religion for so small a matter the Nuncio for removing those Scruples published the following Declaration IN the Name of God Amen Whereas about Our last Decision concerning the Publication of the Cessation it was objected by some that altho' for the avoiding of some Loss of Temporal Goods they could not with a safe Conscience publish that Cessation yet it is doubted by them whether the same â—e not Lawful for the avoiding of such Blood-shed and Slaughter as might follow upon the opposition made against it We by these Presents declare that it is a Mortal sin against God and his Church and a breach of the Oath of Association either to procure or suffer the Publication of that Truce and that Catholicks ought and are bound to undergo the Loss of all their Temporal Goods their Liberty all that is dear to them and even their Life it self rather than publish or obey it This also was the Sense of these Our Words in Our former Decree Nullo modo licet c. And indeed We well know that Men cannot lose their Goods in this Dissension without the Slaughter of some or perhaps of many In Witness whereof We have Signed these Presents with Our own Hands the 13th day August 1648. Jo. Bap. Rin. Jo. Rapoten But before this the Nuncio had on the 13th of July summoned a National Synod to sit at Gallaway on the 15th of August whereupon the Supream Council sent him a Letter of the 26th of July shewing the Inconveniencies of that Congress but it had no effect on him for as he was used to do he persisted obstinately in his own Sentiments Whereupon the Council summoned a General Assembly to meet the 4th of September and about that time Antrim Muskery and Brown returned from their Ambassy to France but when they reported to the Assembly that the Queen and Prince intended to send over the Marquiss of Ormond the Popish Clergy who hated him above all others were dissatisfied to the highest Degree and did all that was possible to betray Killkenny and the Supream Council to Owen Roe and if some * Appendix 41. Letters from Fryar Paul King to the Titular Bishop of Clogher had not been intercepted they had in all probability effected it For that Owen Roe might be at leisure to ruin the Supream Council he did make a Truce with Jones Beling 126. and was so hearty in it that he wrote to the Protestant Bishop of Clogher the following Letter which was intercepted To the most Reverend the Bishop of Clogher MAKE haste to Ballysonan and thence to Catherlogh and I will endeavour to defend you Costologh is joyned with Preston and so â—â—â—â—part of the Lord Insiquin's Army all which I will so keep imployed that they shall not be able to hurt you Owen O Neal. But whilst these two Factions were Bandying one against another Insiquin's Army in Munster for want of Supplies which they could not have from England whilst they Acted in opposition to the Parliament was in some Distress whereupon the Colonels Townsend and Doyly by Insiquin's Orders as they averr'd but he denied wrote to the Committee at Derby House That if the Parliament would pay their Arrears and pardon their Defection they would return to their Obedience Hereupon Colonel Edmond Temple was sent over to treat with Insiquin about it but Sir Richard Fanshaw the Princes Secretary got there before him and established Insiquin in His Majesties Service so that Townsend and Doyly were for some time imprisoned and so were Sir William Fenton and Colonel Phair but those last were afterwards Exchang'd for Insiquin's Son then Prisoner in the Tower of London being the Hostage for his Fathers Fidelity and not long after JAMES Marquiss of ORMOND Lord Lieutenant Landed at Cork on the Twenty ninth day of September where he was respectfully received by the Lord Insiquin and his Officers and on the Fourth of October he wrote to the Supream Council that His Majesty had sent him Pursuant to their Requests and that he desired they would send Commissioners to Carrick to treat of a Peace which they readily obeyed and on the Sixth of October his Excellency published a Declaration mentioned Appendix 42. But it may be enquired how it came to pass that when the Confederates desired a Roman Catholick Vice-Roy so passionately and above all other Protestants ahorr'd Ormond as for many other Acts prejudicial to Popery so especially for surrendring Dublin to the Parliament that yet he should be the very Man that should be sent unto them to which it might be answer'd in General and from good Vouchers That Ormond was the Person in the
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
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
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
Resumption of all the Grants made by the Crown since the last day of the Reign of King Edward the Second Lib. G. except some Particulars mentioned in the Act and another Act Rot. Parl. c. 41. attaints the Earl of Kildare and his Brother James for High Treason for corresponding with O Hanlon and seizing the Castle of Caterlogh for extorting Coyn and Livery and for treating with the King of Scotland however he was afterward acquitted in England and received into favour and perhaps there was another Act to dissolve the Fraternity of S. George for it is certain that about this time that Brotherhood fell and so I have done with this Famous Parliament when I have told you that it is a Mistake in the Printed Statute-Book to place it anno 1495 because it is manifest That November 1494 was in the tenth Year of this King's Reign It is scarce worth mentioning Ware 43. That during this Parliament the Lord Deputy made another Expedition into Vlster because the Irish fled into their Fastnesses so that he reaped but small Fruit for his Journey In his Absence he left a Commission with the Chanchellor to continue adjourn prorogue or dissolve the Parliament as he saw cause About this time Cormock mac Teige mac Carthy of Muskry 1495. was basely murdered by his Brother Owen Ancestor of the Mac Carthyes of Cloghroe and was buried in the Abby of Kilcrea which he himself had founded But let us return to Perkin Werbeck who set sail from Flanders with about six hundred Men and arrived on the Coast of Kent but he found ill treatment there for one hundred and sixty of his Men were taken Prisoners and afterwards executed Thence he sailed to Ireland where he staid some time in Munster probably at Cork but finding the Irish unable to give him any considerable Assistance and fearing the Forces of the Lord Deputy he went thence into Scotland and by that King's Consent married the Earl of Huntly's Daughter who was nearly related to the Crown of Scotland The King of Scots did invade England in favour of Perkin but finding that none of the English came to assist the Impostor he wasted Northumberland and returned And thus Sir Edward Poynings drove Perkin out of Ireland and suppressed his Abettors and established many good Laws which though for the present they extended no further than the Pale yet their Effect and Influence increased and inlarged as fast as the King's Authority did so that those Statutes are at this day in full force over all the Kingdom And the King finding Ireland in so quiet a condition recalled the Lord Deputy and for his good Service made him Knight of the Garter And in his place appointed Henry Dean 1495. Bishop of Bangor Chancellor of Ireland and afterwards Archbishop of Canterbury 1496. to be Lord Justice and on the twenty sixth of April William Ratcliff was made Vice-Treasurer and John Pimp Treasurer at War and on the twenty fifth of June the Lord Delvin was made General for defence of the Pale and in July Octavianus Archbishop of Armagh held a Synod at Droghedah the Acts whereof are not to be found and in August Hugh O Donel being returned out of Scotland encountred and defeated O Connor near Sligo Whereupon he besieged the Castle of Sligo but without Success for being frightned with the News of the Approach of the Burks of Clanrickard he raised the Siege and retired in hast towards Tyrconnel But Burk was not so satisfied but burnt and destroyed all the adjacent Territories that belonged to O Donel's Partisans But the Earl of Kildare was still kept in Prison in England for Grief whereof his Countess died The Earl was accused of burning the Church of Cashel and many Witnesses were ready to prove it when contrary to all their Expectations he readily confessed the Fact and swore by Jesus That he would never have done it but that he thought the Archbishop was in it Which being uttered with a bluntless peculiar to this Lord did exceedingly work upon the King for whilst the Earl did so earnestly urge that for his Excuse which was the greatest Aggravation of his Crime the King easily perceived That a Person of that Natural Simplicity and Plainness could not be guilty of those Finesses and Intrigues that were objected against him It is reported of this Earl That he desired the King to permit him to have Council to manage his Cause since he was altogether unqualified to deal with such cunning Knaves as his Adversaries The King told him He should have what Counsel he would choose and that it concerned him to get Counsel that were very good for that he doubted his Cause was very bad The Earl replied That he would pitch upon the best Counsel in England Who is that said the King Marry even your Majesty quoth the Earl Whereat the King laughed But nevertheless he so requited Kildare for his Complement that when the Adversary concluded his Oration That all Ireland could not govern this Man the King took that occasion to make reply That therefore he was the fittest Man to govern Ireland Ware 49. And so for his Jest-sake made him Lord Lieutenant of that Kingdom by his Letters Patent of the sixth of August and restored him to his Honour and Estate Nevertheless the King kept the Earls eldest Son Girald as Hostage of the Father's Fidelity which proved to be a matter of Caution rather than of Necessity for no body could behave himself with more Loyalty to his Prince nor more Vigor against the Irish than the Earl of Kildare did from henceforward But to proceed Girald Earl of Kildare 1496. being made Lord Lieutenant in a short time after he had received the Sword marched towards Thomond against O Brian he went through the City of Limerick and took the Castle of Feyback from Finin Mac nâ—marra and afterwards took and rased the Castle of Ballyniti or Ballynice and so returned to Dublin and was reconciled to the Archbishop of Armagh to their mutual Ease and Quiet and to the great Advantage of Publick Affairs which often suffer especially in Ireland by the private Animosities of the Grandees But the Bishop of Bangor was recalled into England and Walter Archbishop of Dublin was made Lord Chancellor in his stead This good Archbishop in a Synod at Dublin anno 1492 procured a Pension for a Divinity-Reader there to be paid by him and his Suffragans and their Successors for ever And it is reported of him That being present when a famous Orator made a most eloquent Speech to the King his Majesty asked the Archbishop How he liked the Oration The good old Man replied That he saw no other Fault in it but Flattery As God shall love me quoth the King That is the very Fault I my self espied The King by advice of the Lord Lieutenant resolved to pardon those great Men that had been concerned with Perkin Warbeck lest Despair might induce
secret and of great forecast very staid in Speech dangerous of every Trifle that touched his Reputation Kildare was open and plain hardly able to rule himself when he was moved to Anger not so sharp as short being easily displeased and sooner appeased being in a Rage with certain of his Servants for Faults they committed one of his Horsemen offered Master Boice a Gentleman that retained to him an Irish Hobby on condition That he would pluck an Hair from the Earl his Beard Boice taking the Profer at rebound stept to the Earl with whose good Nature he was throughly acquainted parching in the Heat of his Choler and said So it is and if it like your good Lordship one of your Horsemen promised me a choice Horse if I snip one Hair from your Beard Well quoth the Earl I agree thereto but if thou pluck any more than one I promise thee to bring my Fist from thine Ear. But after all this simple Story is founded on a Mistake for the Earl of Ormond whose Name was Thomas lived in England in great Repute all the Reign of Henry the Seventh and afterwards until his Death anno 1515 and therefore the Person intended by the Story must by Sir James Ormond formerly Lord High Treasurer whom I have often mentioned in the Reign of the last King But this digression has been too long 1513. let us therefore return to the Lord Deputy whom we shall find animated with the last Years Success and resolved to invade Ely O Carol early in the Summer but his Preparations being great took up more time than he thought they would require but at last they were got ready and he began his March in August but at Athy he fell sick and from thence was removed to Kildare where on the third Day of September he died and was buried in Christ Church in Dublin to which he had been a liberal Benefactor And thus were the great Designs of this mighty Lord defeated even in the midst of his Career and at the very time when he promised himself most Glory and Success Gerald Earl of Kildare Son of the deceased Earl and Lord Treasurer was by virtue of the Act of Parliament formerly mentioned anno 10 Hen. 7. and by reason of his Place of Treasurer Spelm. Glos 334. made Lord Justice by assent of the Council But it seems that afterwards viz. 32 Hen. 8. there was a Statute made intituled An Act for the electing of the Lord Justice which restrained the Council from electing any body but an Englishman born and not in Orders The Lord of Slane was made Lord High Treasurer and Sir William Crompton Lord Chancellor and all other publick Matters were ordered as well and expeditiously as they could nevertheless so much time was taken up in these Alterations and in the Formalities of State that the Season was too far spent for any military Action this Year so that Daniel Mac william met with little Interruption in taking the Castle of Dunluce nor did the rest of the Irish find any Opposition this Winter but ravaged over the Country as they pleased However they paid dearly for it the next Spring For the valiant Earl of Kildare 1514. who was Heir to his Fathers Courage as well as to his Honour grew impatient at the Insolencies of O More and O Reyly and therefore resolved to attack them successively He began with O More and invaded the county of Leix and beat that Rebel and his Party into the Woods which being done he turned aside into the Brenny and took the Castle of Cavan and having slain Hugh O Reyly and many of his Followers he chased the rest into their inaccessible Fastnesses and then burnt and destroyed the Country and returned loaden with Booty William Viscount Gormanstown was the thirteenth of June made Lord Justice 1515. probably in the Absence of the Earl of Kildare who might then go to England to confer with the King about the Parliament designed to be holden in the Spring But however that be it is certain That Girald Earl of Kildare was by the King made Lord Deputy and on the twenty fifth Day of February held a Parliament at Dublin which by several Prorogations continued until the Thursday after Michaelmas 1517. Ware 92. This Parliament gave the King a Subsidy and made one good Act for those times viz. That no Man shall be compelled by Privy Seal to answer any Complaint in England until the Accuser enters into Recognizance in the Chancery of Ireland to pay the Defendant his Costs and Damages if he be acquit which very much abated that vexatious Course of Proceeding so that it is now obsolete and quite out of use On the third Day of August Ware 93. died Thomas Earl of Ormond at London he had been Embassador into France Privy-Counsellor in England and had Place in the English Parliament above all the Barons He was the richest Subject the King had and left forty thousand Pound in Money besides Jewels and as much Land to his two Daughters in England as at this Day would yield thirty thousand Pound per annum but he left no Issue Male to enjoy his Irish Estate which therefore descended to his Kinsman Sir Pierce Butler Earl of Ormond The Lord Deputy to repress the Incursions of the bordering Irish 1516. and to shew himself as fit for War as Peace invaded Imaly and slew Shane O Toole in Battle and sent his Head to the Mayor of Dublin Thence he marched into Ely O Carol where he was joyned by several Noblemen of Munster and Leinster of English Extraction and particularly by Pierce Earl of Ormond and James eldest Son of the Earl of Desmond and being strengthned with this Supply he undertook the Seige of Lemevan-Castle which the Garrison defended for a Week and then by Night deserted and left it to be demolished as it was by the Lord Deputy With this good Success he was encouraged to attempt the Town of Clonmel which he did with so much celerity that the Townsmen being surprized immediately surrendred upon Conditions And so the Deputy ended this Campeign and returned loaden with Hostages Prey and Glory It is worthy observation That the Irish had great Expectations of Advantage this Year by reason of a blind Prophecy generally believed among them Ware 95. That the poorest and weakest Sept in Ireland should this Year prove the most Powerful and Warlike It is probable that they were encouraged thereby to provoke the Lord Deputy to the aforesaid Expedition But however that be this is certain That Superstition hath been often fatal to the Irish Nation But Kildare finding it necessary to advance his Victorious Arms in Vlster 1517. reinforced his Troops and marched into Lecale where he took the Castle of Dundrum which had been very offensive to the neighbouring English thence he marched against Fylemy Macgenis whom he easily conquered and took Prisoner with the Slaughter of many of his Followers
Rebels to enter the City and animate them more to fight within than without the Walls and they also believed That very many of Fitz-Girald's Army being Inhabitants of the Pale and forced to the Camp were in their Hearts for the City and this they were induced to believe because most part of the Arrows shot over the Walls were unheaded Upon these Considerations they resolved to sally and gave out from the Walls That new Succours were come from England and as if it had been so immediately rushed out through Fire and Flame and the Enemy believing they were new-arrived Soldiers and that the Citizens durst not adventure so briskly immediately fled leaving one hundred Gallowglasses slain and their Falcon taken Thomas Fitz-Girald himself lurked at the Grey-Fryers in Francis-street till next morning and then he got to the remainder of his shattered Army In the mean time the Earl of Kildare was committed to the Tower Holingshead 88 because he had contrary to the King 's express Command furnished his Castles out of his Majesty's Stores And though he answered That it was done to defend the Pale against the Borderers and that if he designed Treason he was not such a Fool as to fortifie his Castles and at the same time to adventure his Person into their Hands however he stuttered so much and delivered his Speech in such staggering and maffling manner that they concluded him Guilty and committed him And now hearing of his Son's Extravagancies he broke his Heart and died in the Tower in September Fitz-Girald being in great want of Artillery and Ammunition and somewhat cooled by the late defeat sent James Delahide and others to treat with the City upon these Articles I. That his Men that were Prisoners should be enlarged II. That the City should pay one thousand Pound in Mony and five hundred Pound in Wares III. To furnish him Ammunition and Artillery IV. To interceed with the King for his Pardon and his Followers Mr Fitz-Symons Recorder was appointed to answer to the I. That if he would deliver their Children they would enlarge his Men. To the II. That they were impoverished with his Wars and could not spare either Wares or Mony To the III. If he intended to submit he had no need of them if he did not they would not give him Rods to whip themselves That they expected he would request good Vellam Parchment to ingross his Pardon and not Artillery to withstand his Prince To the IV. They promised all Intercession they could by Word or Letter Whilst they were treating thus one William Bath of Dollars-Town a Lawyer stepped forward and said My Masters What need all these Circumstances Let us all drink of one Cup Which Words cost him his Life the next year It seems Fitz-Girald agreed with the Citizens on their own Terms and Hostages being given on both sides he raised his Siege and sent his Artillery to Houth but went himself to Minnooth to see that Castle fortified and furnished In the mean time the two Hamertons with one hundred and eighty Soldiers arrived out of England at Houth and on their March to Dublin were encountred near Clantarf by Thomas Fitz-Girald and two hundred Horsemen and though they fought valiantly and one of the Hamertons wounded Fitz-Girald in the Forehead yet being over-powered they were all slain or taken Prisoners and their Ships were forced from Houth and a Vessel freighted with choice English Geldings was also taken by Captain Rouks Fitz-Girald's Pirate and the Horses were sent to Fitz Girald And not long after landed both the Eglebees and Dacres with their Horsemen at the Skerries and Sir William Brereton and his Son John with two hundred and fifty Soldiers well appointed and Captain Salisbury with two hundred Archers lastly Landed at the Slip near the Bridge of Dublin Sir William Skeffington Lord Deputy he was Master of the Ordnance in England and therefore was by the Irish who put Nick-names upon every Body even of themselves as Dermond Buckagh Tiege Mauntagh c. in derision called The Gunner he was received with great Joy by the City and had the Sword delivered to him by the Lord of Trimletstone who was made Chancellor in the place of Archbishop Cromer Baron Finglass who wrote a M. S. Treatise of the Decay of Ireland was made Chief Justice of the King's Bench as Luttrel was of the Common Pleas and Girald Ailmer Chief Baron of the Exchequer and William Brabazon Vice-Treasurer This Deputy also brought with him Leonard Lord Grey designed Marshal of Ireland and Gracious Letters from the King to the City of Dublin That part of the English Fleet which sailed near Tredagh met with Brode the Pyrate and forced him a Ground so that he and nine of his Men were taken at Tredagh and sent Prisoners to Dublin whereat Fitz-Girald was so much enraged that he threatned to besiege Tredagh and it is probable he marched that way for it was averr'd at Dublin That he was actually before the Town And therefore the Lord Deputy immediatly viz. the twenty eighth of October marched out to raise the Siege of Tredagh and he staied in and about that Town till the fourth of November and then finding no Enemy near that Place he returned to Dublin having first proclaimed Fitz-Girald Traytor at the High Cross of Tredagh The Lord Deputy would have pursued Fitz-Girald and his Confederates but that the Winter was too near and himself was indisposed moreover he daily expected Supplies of Men and Mony from England and he knew that Fitz Girald had strengthned his Party by a new Confederacy with O Neal and O Connor And therefore being necessitated to postpone his Designs till the Spring some say he made a Truce with Fitz-Girald until January but that seems improbable because the Pale suffered exceedingly this Winter the Preservation of which must have been the chief Consideration for a Truce if there were any Fitz-Girald had in his Possession six principal Castles viz Minooth Portlester Rathingan Catherlagh Ley and Athy and having well manned and furnished them he took a Journey into Connaught not doubting but that his Castle of Minooth would hold out till his Return but he was very much out in his Calculation for the Lord Deputy on the fifteenth of March laid Siege to that Castle and placed his Battery on the North Side of the same towards the Park and Sir William Brereton who had slain one hundred of Fitz-Girald's Men on the sixth of March did now summon the Castle of Minooth with Offers of Pardon and Reward to which a scoffing and ludibrious Answer was returned with much boasting after the Irish manner Whereupon the Artillery began to play but made no considerable Breach in a Fortnights time and therefore though it was so closely besieged that there was neither egress or regress from or to the Castle yet being sufficiently provided of all Necessaries and particularly of a good Garrison of an hundred choice men it might have held out
until Fitz Girald could come to relieve it But the perfidious Governor Christopher Parese Fitz-Girald's Foster-Brother a white-Liver'd Traytor resolved to purchase his own security with his Lord's Ruine and to that end got Letters conveyed to the Lord Deputy importing that he would surrender the Castle upon certain Articles by him propos'd all which concerned only his own Profit without mention of his Safety The Lord Deputy readily accepted of the Offer and agreed to the Conditions required Whereupon Parese after some small Advantage they had got in a Sally caus'd the Garrison to rejoyce and carouse to that degree that they were all dead drunk and then upon a Signal given the English scaled the Walls and entred the Castle Captain Holland being one of the first hapned to leap down into a Pipe of Feathers and there stuck and Sir William Brereton being got in cried out S. George S. George whereat one of the Garrison awakened and shot at Captain Holland but he being rescued out of the Feathers by his Companions killed the Souldier After that there was little or no resistance and Sir William Brereton soon advanced his Standard on the Top of the Turret The Spoil and Plunder of this Castle was exceeding great and rich this being accounted the best furnished House belonging to any Subject in the Kings Dominions The Lord Deputy entred in the Afternoon before whom two Varlets James de la Hide and Hayward both Choristers prostrated themselves warbling a sweet Sonnet call'd Dulcis Amica their Melody sav'd their Lives which at the request of Chief Justice Ailmer the Deputy pardoned Parese expecting some great Reward with abundance of Confidence and Familiarity presented himself before the Deputy who told him That he was to thank him on the King's behalf for his Service which saved much Charge and many Lives and doubted not when the King was acquainted therewith he would provide for him during his Life and the better to advise the King how to reward him he desired to know what Fitz-Girald had done for him Parese set agog with this Discourse recounted the most minute instances of Fitz Girald's Liberality to him upon which the Deputy reply'd And how Parese couldst thou find in thy heart to betray the Castle of so kind a Lord And turning to his Officers he bids them pay him the Mony and then to chop off his Head Had I known this quoth Parese your Lordship should not have had the Castle so easily Whereupon one Mr. Boyse being by cried out Auntraugh i. e. too late which occasion'd the Saying often us'd in Ireland Too late quoth Boyse In the mean time Fitz-Girald by the aid of O Connor and others had got an Army of seven thousand Men with which he design'd to raise the Siege of Minooth but upon News of its Surrender his Army deserted him daily and mouldred away almost to nothing Reputation as I observed before much governing the Irish and perhaps all the World beside with the few that were left he marched to Clane and the Deputy leaving Brereton Governor of Dublin marched to Naas where he took sevenscore of the Rebel Gallowglasses whom upon notice of Fitz-Girald's Approach the Deputy commanded to be slain only Edmond Oleme escaped stark naked to his Master Fitz-Girald There was a Bog between both Armies so that the Horse could not skirmish but the Deputy with his Artillery easily broke and scattered Fitz-Girald's inconsiderable Troops put them to flight slew many and took some Prisoners After this Defeat 1535. Fitz-Girald never appeared at the Head of any considerable Army but by small Parties would now and then make some slight Excursions and particularly after the Surrender of Rathingan which hapned in the beginning of the Year he caused a Drove of Cattel to appear near the Town early in the Morning and the English believing that the Cattel strayed that way and might easily be made Booty most of the Garrison sallied to that intent and were intercepted by an Ambush and slain Another time he burnt a Village near Trim and sent two or three of his Men clad like the English Soldiers to Trim and pretending that they were Captain Salisbury's Men they told the Garrison that the Rebel Fitz-Girald was burning the Village Whereupon most part of the Soldiers sallied out and were killed On the 11th of May the Lord Butler was created Viscount Thurles and Admiral of Ireland and on the twenty first his Father the Earl of Ossory and he were made Governors of the Counties of Kilkenny Waterford and Typerary and the Territories of Ossory and Ormond and they promised to do their utmost endeavour to recover the Castle of Dungarvan and to resist the Vsurpations of the Bishop of ROME Lib. H. Lambeth which is the first Engagement I have met with of that kind It seems that the Lord Grey had been sent to England for Supplies and that he now returned with Horsemen and Archers under Sir William Senlo Sir Rice Mansel and Sir Edward Griffith who were conveniently garrisoned in the Pale for I find by a Letter of the twenty first of August to the Lord Cromwel from Chief Justice Ailmer and Allen Master of the Rolls that the Lord Grey Landed the twenty ninth of July and that they came on shoar the first of August and were exceedingly surpriz'd at the alteration they found in the Country for that six of eight Baronies in the County of Kildare were burnt and depopulated and so likewise was part of Meath and that Sir William Brabazon at the Naas was the Man that prevented the total Ruine and Desolation of the Country That Powerscourt which cost five thousand Marks was ruin'd by the Birns and Tools That Fitz-Girald had regain'd Rathingan by the Treachery of the Ward but that he quitted it upon approach of the Army and the Lord Deputy might have surpriz'd him in it if he would or had been as diligent as he ought That O More who joyn'd with the English had so posted his own Men and the Kings that the Rebels were surrounded and Fitz-Girald could not have escaped if a Brigade of the English had not quitted their Station however Burnel of Balligriffin was taken and was afterwards hang'd at Tyburn That the Pestilence raged at Dublin and that the Lord Deputy designed to quarter a thousand Kerns for three Months on the Pale which would ruine it but their Arrival with Money alter'd that to a Cess for this Expedition only whereunto the People chearfully consented That they had engaged Cahir O Connor against his Brother by allowing him twelve Horse and one hundred and sixty Kerns in his Majesties Pay That the Deputy is sick and not able to defend Minooth where he lodges but suffers his own Cattle to be taken from the very Gates That there is no hope of O Neal's Loyalty since he gave no Hostages and finally this Letter highly extols Sir William Brabazon the worthy Ancestor of the Earl of Meath as the Saviour of the
Souls paid Tribute to Caesar though no Christian greater Honour then surely is due to your Prince His Highness the King and a Christian one Rome and her Bishops in the Fathers Days acknowledged Emperors Kings and Princes to be Supreme over their Dominions nay Christs own Vicars and it is much to the Bishop of Rome's shame to deny what their precedent Bishops owned Therefore his Highness claims but what he can justifie the Bishop Elutherius gave to S. Lucius the first Christian King of the Britains so that I shall without scrupling vote his Highness King Henry my Supreme over Ecclesiastical Matters as well as Temporal and Head thereof even of both Isles England and Ireland and that without Guilt of Conscience or Sin to God and he who will not pass this Act as I do is no true Subject to his Highness XIII That the King and his Heirs and Successors for ever shall have the twentieth part of the yearly Profits Revenues Rents Farms Titles Offerings and Emoluments Spiritual and Temporal belonging to any Archbishoprick Bishoprick Abbacy Monastery Priory Arch-Deaconry Deanry Hospital Comandry College House Collegiate Prebend Cathedral-Church Collegiate Church Conventual Church Parsonage Vicarage Chantry or Free Chappel or other Promotion Spiritual whatsoever And the King was so well pleased with this Act Lib. H. that he sent a particular Letter of Thanks to the Lords Spiritual for granting him the twentieth part of their Livings yearly for ever XIV That no Subject shall be shaved above his Ears or wear Glibbs or Crom-meals i.e. Hair on the upper Lip or Linnen died in Saffron or above seven yards of Linnen in their Shifts and that no Woman wear any Kirtle or Coat tucked up or embroydered or garnished with Silk or couched ne laid with Usker after the Irish Fashion and that no Person wear Mantles Coats or Hoods after the Irish Fashion except Women Horse-boys Cow-boys and Soldiers at the rising out and Hostings all which may wear Mantles And that every body shall endeavour to learn the English Language and conform to the English Fashion c. XV. And that Benefices shall not be given to any that cannot speak English unless after four Proclamations in the next Market-Town to the Benefice on four several Market-Days a Person that can speak English cannot be got and that then an honest able Irishman may be admitted on his Oath that he shall do his utmost endeavour to learn the English Language and observe the English Order and Fashion and teach those under him to do the like and shall keep an English School in his Parish to that purpose c. XVI An Act for the Suppression of Abbies XVII An Act against transporting of Wool and Flocks XVIII An Act about the Proof of Testaments XIX The Act of Faculties prohibiting the Subjects from paying any Pensions Cences Portions Peter-pence or any other Impositions to the use of the Pope and extinguishing and suppressing them for ever and authorizing Commissioners appointed by the King to grant Faculties and Dispensations as the Archbishop of Canterbury may do in England by vertue of the Act of Faculties there which is made of Force in Ireland XX. That Poyning's Act be suspended pro hac vice XXI An Act for Limitation of Actions on Penal Statutes viz. That Actions in the King's Name be commenced within three years after the Offence and Actions Popular within one year XXII An Act for prostrating the Wares on the River Barrow c. XXIII An Act for uniting and annexing the Parsonages and Vicarages of Dungarvan c. to the Crown XXIV That no body presume to leaze Corn whilst there be any Stacks or Reeks of Corn in the Field And that every man that cannot keep his Child at School do at ten years of Age put him to Handicraft or Husbandry XXV That the Leases made or to be made by the King's Commissioners viz. Saintleger Pawlet c. shall be good and valid any defect of Inquisition or Office c. notwithstanding Lastly An Act for the first Fruits of the great Abbies and Monasteries c. which were not vested in the King by the above Act ch 16. But this Statute is become useless by a subsequent Act that gives all the Abbies c. to the King And these are all the Acts of this Parliament to be found in the printed Statute-Book which I do not pretend to have critically or exactly abridged because I think it necessary for every man that will be nicely instructed in any Statute-Law to read the Statute at large and not to trust to an Abridgment but I have endeavoured to give such an Historical Account of these Acts as may illustrate this Collection and give the Reader some Light into the Affairs of those times Nor must it be forgotten that many of these Statutes are made in the later Sessions of this Parliament Anno 1537. And besides these Printed Acts there was another Law made at this Parliament against Fosterings and Marriage with the Irish and it was thereby made Treason to marry with the Child of any Man who had not swore allegiance and entred into Recognizance to observe it but this severe Law was repeal'd 11 Jac. 1. cap. 5. But whilst the Nobility and Gentry were at the Parliament O Connor made use of the opportunity as he used to do and invaded the Pale his Fury lighted most on the Barony of Carbry in the County of Kildare which he preyed and burnt and to revenge it the Lord Trimletstown and the Vice-Treasurer Brabazon with such men as they could on the sudden get together made an Incursion into Offaly and in like manner wasted and destroyed that Country which obliged O Connor to return home as fast as he could Sir William Brereton was likewise sent to the Confines of Vlster to parly with O Neal who complained That the League made between the Lord Deputy Skeffington and him was not duly observed on the English side so after some Expostulations upon that Point the same Agreement was renewed and confirmed And about the same time the King to reward the City of Waterford for its Loyalty and firm adhesion to the Crown sent to that City a gilt Sword and a Cap of Maintainance But John Earl of Desmond being dead the new Earl James who was a very active or rather a turbulent man began new Disturbances in Munster but he was timely opposed by the Lord Butler who wasted his Lands in the County of Limerick and repair'd and Garrison'd the Castle of Loghguir and it seems that the Lord Deputy came to Kilkenny the twenty fourth of July and having adjourned the Parliament Lib. D. as aforesaid he came to Loghguir the last of July and the next day he went to Carrigonel and took it the second of August and they say for some private Advantage redelivered it to the former Owner on the sixth of August they marched to Bryans-bridge and took the Castles and broke the Bridge but by the improvidence of
those in Authority there was so great scarcity of Victuals that a halfpeny Loaf was worth a Shilling And within four or five days the strong Castle of Carrigonel was lost by treachery but it was presently retaken with the Slaughter of sixty Rebels however the Wants of the Army occasioned a Mutiny so that the Soldiers refused to march for want of Pay and the Garrison of Loghguir deserted and a thousand other Inconveniences hapned On the twenty third of April 1537. the Lord Deputy began his Expedition into Offaly against O Connor to revenge the Insolencies of the last year but he was hindred by the abundance of Rain that fell at that time from doing the Execution he design'd Ware 147. so that he was fain to end this Quarrel by a dishonourable sort of Arbitration for although the Damages which O Connor had done were estimated at five thousand Marks yet the Lord Deputy compounded for eight hundred Beeves or six shillings and eight pence apiece in lieu of them but not long after he attack'd the Cavenaghs and O Carol with better Success and forced them to submit and give Hostages It seems that the Lord Deputy had new Instructions to oblige all the Irish by Indenture to own the King's Supremacy and to renounce the Popes Usurpations and to contribute something towards the support of the Government and to send a Quota of Men to every Hosting and to effect this the Lord Deputy marched to Offaly the seventeenth of June and on the eighteenth encamped in O Mulmoyes Country and took the Castle of Eglis on the nineteenth he took Bi r and Modrimye in O Carols Country on the twenty fourth O Kenedy submitted to him in Ormond and the twenty fifth Mac Brian Arra likewise submitted On the twenty sixth the Lord Deputy came to Abby Owny where O Mulrian Vlick Burk of Clanrickard and Tybot Burk Mac William made their Submissions and so on the twenty eighth he came to Limerick where the Mayor and Aldermen took the Oath of Supremacy and swore to renounce the Bishop of Rome's usurped Authority and the Bishop of Limerick did the like without scruple or hesitation and Order was left for the Clergy and Commonalty of that City to follow that Example and that Certificates of their performance be returned into Chancery And it is observable that here one of the O Bryans made Peace for a year and promised to do Service against his Brother Mortagh On the fourth of July the Army came to Bryans-Bridge and had a Skirmish with the Rebels without any Loss and on the sixth demolished the Castles and Bridge and on the eighth the Lord Deputy marched into Thomond and took the Castles of Clare and Ballycolome and on the ninth he came into Clanrickard and took the Castle of Ballyclare and delivered it to Vlick Burk and on the eleventh he came to Galway where the Corporation treated the Lord Deputy and all the English Soldiers gratis for seven days and Vlick Burk did the like to the Irish and the Mayor and Aldermen followed the example of Limerick and took the Oath of the King's Supremacy and renounced the Pope's usurped Authority And here O Flaherty O Maddin and Mac Yoris made their Submissions On the twenty first the Lord Deputy removed to O Kelly's Country where O Connor Mac Henry submitted and thence he went to Mac Coughlan's Country where he took a Castle because Mac Coughlan had not kept his Word with him and so on the twenty fifth he returned to Minooth And it is to be noted That all those that submitted were bound by Indenture as well as Oath to own the King's Supremacy and to renounce the Popes Usurpations but when the King had an Account of what was done be answered by his Letter to the Lord Deputy That their Oaths Submissions and Indentures were not worth a Farthing since they did not give Hostages and so it afterward proved The Earl of Desmond mollified by the Misfortunes of the last Year Ware 147. and fearing the Power of the Lord Deputy who was in the Field with his Army as I have already related sent Letters to the Deputy with Offers of Submission upon Terms but the Expostulations about it were so tedious that the Army for want of Provisions was forced to return however Commissioners were employed to continue the Treaty and conclude an Agreement if they could and in order to it they went to Clonmel but the Earl of Desmond refused to come into a walled Town insisting upon a Fantastical Priviledge which he claimed and thereupon the Commissioners forgetting the Dignity of their Character and the Royal Person they represented dishonourably condescended to go to Desmond's Camp and there they took his Oath of Fidelity and received his Bastard Son Thomas Roe as a Hostage for his performanoe But now the Jealousies between the Lord Deputy and the Earl of Ossory broke out into open Hostility and the Deputy was so extravagantly transported that he sent part of the Army to spoil the Territories of the Butlers he also quarrelled with Archbishop Brown and Allen Master of the Rolls and although Lib. D. by the King's Order their Complaints were heard before the Council of Ireland and the new Commissioners hereafter named and a Reconciliation made between them at least in appearance yet some of them stuck so close to him that at length they procured his Ruine But it should have been remembred that on the first of May Fylemy Roe submitted and on the twelfth of May Cavenagh alias Mac Murrough did the like but O Neal was so far from it that despising the Agreement he had not long before made with the Lord Deputy he undertook to reduce Arglass and in order to it sent an Army under his Son to attack that Town and Castle but assoon as he understood the Lord Deputy was ready to take the Field he immediately proposed a Treaty and on the fifteenth of June he made an Agreement with the Lord Chancellor the Bishop of Meath and Chief Justice Ailmer Commissioners appointed for that purpose and he swore to fight for the King contra omnes homines Mundi Ibid. and not long after died Sir Hugh O Donel Lord of Tyrconnel and was succeeded by his Son Manus who was according to Custom inaugurated on the Rock near Kilmacronan Church But in September there came over four Commissioners viz. Sir Anthony Saintleger Sir George Pawlet Sir Thomas Moyle and Sir William Barnes their business was to enquire into the Abettors of the late Rebellion and afterwards to give a General Pardon And though they were very moderate yet it fell heavy on many of the Pale who were compelled to joyn with the Rebels they had also Authority to assist the Lord Deputy and Council in setling the Revenue and to set the Crown Lands for one and twenty Years for a yearly Rent It was to these Commissioners that Bernard Fitz Patrick made his Submission October 8. and they
the Regality of S. Peter I do Vow and Swear to Maintain Help and Assist the just Laws Liberties and Rights of the Mother Church of Rome I do likewise promise to confer defend and promote if not personally yet willingly as in Ability able either by Advice Skill Estate Mony or otherwise the Church of Rome and her Laws against all whatsoever resisting the same I further vow to oppugn all Hereticks either in making or setting forth Edicts or Commands contrary to the Mother Church of Rome and in case any such to be moved or composed to resist it to the uttermost of my Power with the first Convenience and Opportunity I can possible I count all Acts made or to be made by Heretical Powers of no force or to be practised or obeyed by my self or by any other Son of the Mother Church of Rome I do further declare him or her Father or Mother Brother or Sister Son or Daughter Husband or Wife Unkle or Ant Nephew or Neece Kinsman or Kinswoman Master or Mistriss and all others nearest or dearest Relations Friend or Acquaintance whatsoever accursed that either do or shall hold for time to come any Ecclesiastical or Civil above the Authority of the Mother Church or that do or shall obey for the time to come any of her the Mother Church's Opposers or Enemies or contrary to the same of which I have here sworn unto so God the Blessed Virgin S. Peter S. Paul and the Holy Evangelists help c. His Highness the Vice-roy of this Nation is of little or no Power with the Old Natives therefore your Lordship will expect of me no more than I am able This Nation is poor in Wealth and not sufficient now at present to oppose them It is observed That ever since his Highness ' s Ancestors had this Nation in Possession the Old Natives have been craving Foreign Powers to assist and rute them and now both English Race and Irish begin to oppose your Lordship's Orders and do lay aside their National old Quarrels which I fear will if any thing will cause a Foreigner to invade this Nation I pray God I may be a false Prophet yet your good Lordship must pardon mine Opinion for I write it to your Lordship as a warning And about Midsummer one Thady Birne a Franciscan Fryer was apprehended and was to be sent Prisoner into England to the Lord Privy Seal but the cowardly Sophister being told That he would certainly be hanged was seized with such a pannick Fear that he murdered himself in the Castle of Dublin on the twenty fourth Day of July and among other Papers the following Letter was found about him My Son O Neal THou and thy Fathers were all along faithful to the Mother Church of Rome Life of Bishop Brown 11. His Holiness Paul now Pope and the Council of the Holy Fathers there have lately found out a Prophecy there remaining of one S. Laserianus an Irish Bishop of Cashel Wherein he saith That the Mother Church of Rome falleth when in Ireland the Catholick Faith is overcome Therefore for the Glory of the Mother Church the Honour of S. Peter and your own Secureness suppress Heresie and his Holiness's Enemies for when the Roman Faith there perisheth the See of Rome falleth also Therefore the Council of Cardinals have thought fit to encourage your Country of Ireland as a Sacred Island being certified whilst the Mother Church hath a Son of Worth as your self and those that shall succour you and joyn therein that she will never fall but have more or less a holding in Britain in spite of Fate Thus having obeyed the Order of the most Sacred Council we recommend your Princely Person to the Holy Trinity of the Blessed Virgin of S. Peter S. Paul and all the Heavenly Host of Heaven Amen Episcopus Metensis And it is not to be doubted Ware 151. but the Irish had Solicitations from many others besides the Bishop of Mets for in the beginning of the following Year O Neal began to declare himself the Champion of the Papacy and having entred into a Confederacy with O Donel Macgenis Ocahane Mac William O Hanlon and others they joyntly invaded the Pale and marched to Navan burning that and Athirde and all the Country as they marched and thence they came to the Hill of Taragh where they mustered their Army with great Ostentation and so having taken a vast Prey and done abundance of Mischief they designed to return home But the Lord Deputy who foresaw this Storm 1539. had sent to England for Aid Holingsh 101. and Sir William Brereton who was newly returned to England was immediately sent back with two hundred and fifty Cheshire-Men It is reported of him That he broke his Thigh in two Places by a Fall from his Horse as he was exercising his Men and that nevertheless he was so Valiant and Zealous that he caused himself to be halled into the Ship by Pullies that the Succours might not be detained any longer In the mean time the Deputy Ibid. with the Forces of the Pale and the Mayors and Citizens of Dublin and Drogheda in May marched to Bellahoa where O Neal was encamped on the other side the River they marched all Night to surprize the Enemy and came to the River by break of Day The valiant Baron of Slane led the forlorn and having first substituted Robert Betoa his Standard-bearer instead of the cowardly Robert Halfpenny who declined the Adventure because of the Danger he rushed into the River and being well seconded by Mabe of Mabestown who was there slain though the Inconveniencies of passing the River were very great yet they at length got over routed the Gallowglasses slew Macgenis defeated O Neal and recovered all the Prey of the Pale and continued the Pursuit till Sunset The Deputy exceeded the rest as much in Courage as Authority and behaved himself exceeding bravely and after the Battle knighted Chief Justice Ailmer Talbot of Malahide Fitz-Simons Mayor of Dublin and Michael Cursy Mayor of Drogheda in the Field and well they deserved it for their good Service in obtaining so great a Victory which broke the Power of the North and quitted the Borders for some Years and yet there were not above four hundred of the Rebels slain But whilst the Deputy was in Vlster O Connor and O Toole made Incursions into the Pale and though they did much Mischief yet the Country suffered more by unseasonable Weather for the Summer was so hot that even some Rivers were almost dried up and the Autumn was very Sickly and Unwholesome and the Winter so excessive cold that multitudes of Cattle perished by reason thereof And now began the Abbots and Priors upon Assurance of Pensions Ware 152. during their respective Lives to surrender their Abbies and other Religious Houses to the King it would be too tedious to give a Catalogue of all that did so but these following should not be pretermitted because
they were Lords of Parliament The Abbot of Mellifont S. Thomas-Abby near Dublin S. Mary Abby near Dublin Baltinglass Jeripont Tintern in the County of Wexford Douske Tracton in the County of Cork Dunbrody Dunbrodiae Mage alias Nenai in the County of Limerick Wony alias Wethney in the County of Limerick Rosglass alias Monaster Evan Bectif Rathto in the County of Kerry The Priors of S. John of Jerusalem Christ-Church Dublin S. Peters near Trim Conal Kells in Ossory Kenlisae S. Patricks in Down All-Saints near Dublin Athassel Killagh S. Marys in Louth In the close of the last Year Ware 154 it happened that a Waterford-Ship loaden with one hundred Tun of Wine was in her return from Portugal put into Baltimore no sooner was it heard of but Finil O Driscol came on Board and very kindly invited the Merchant and Mariners on shoar to refresh themselves at his House after the Hardships they had suffered at Sea they readily accepted of his Invitation but met with another sort of entertainment than they expected for contrary to the Rules of Hospitality he most perfidiously kept them all Prisoners and distributed most part of the Cargo between himself and his Followers as he thought fit But as soon as the Citizens of Waterford were inform'd of this Treachery they mann'd two Sips and a long Boat and although Captain Dobins did easily recover the former Ship and all the Goods that were left which were about the fourth part of the whole and all the Prisoners yet the Citizens of Waterford were not contented with that but sayl'd to Inisherkin and took O Driscol's Castle there and razed it to the ground and destroyed the Island as much as they could and thence they went to Inchypyle which they served in the same manner and at length after they had destroyed Baltymore and the Country adjacent they carried away O Driscol's best Boat and abundance of Plunder and returned safely to Waterford In the mean time Ware 155. the King that he might not be thought to abandon the Religion of his Ancestors enacted in England the Bloody Law of the Six Articles and not long after revoked the Lord Deputy who left Ireland early in the Spring having first substituted Sir William Brereton 1540. Lord Justice in whose time the Irish Potentates began generally and publickly to own themselves Champions of the Papacy and to assume the specious Pretences of Liberty and Religion the better to cloak their Designs of Robbery and Rebellion Ware 156. for some of them being of a temper impatient to live as Subjects any longer than they are disabled to be Rebels were glad of any Pretence that might seem to justifie their illegal Proceedings and therefore many of them confederated together and especially O Neal O Bryan O Donel and O Carol and in the beginning of July appointed their Rendezvouz all four in West-Meath in order to invade and plunder the Pale but the Lord Justice got his small Army together and was joyned by two thousand of the Inhabitants of the Pale whereof many were Clergy-men who very well knew That whatever was pretended by the Irish yet Plunder and Depredation was meant and intended and therefore they were forward and active to defend their Country but as soon as the Rebels had notice of this Preparation which was counted great in those days those holy Champions dispersed their Forces into Woods and Fastnesses so that this terrible Bugbear vanished without Blows But the Lord Justice would not be so satisfied for he pursued O Connor into Ophaly and made several of the Fastnesses of that Country passable for Carriages and brought O Connor to that pass that he was forced to give his Son Cnoghor for a Hostage of his future Behaviour but not long after viz. on the 25th of the same Month of July Sir Anthony Saintleger Knight of the Garter Lord Deputy was sworn as was usual in Christ-Church Dublin and the Form of his Oath is to be found in Burlace's Reduction of Ireland pag. 106. and Ware 's Annals 157. This Lord Deputy by the help of Thomas Walsh one of the Barons of the Exchequer John Myn and William Cavendish two Auditors well vers'd in the Treasury did bring the publick Revenue into good Order and more to the King's advantage than ever it had been before But because some People have written extravagantly Present State of Ireland 12. That the Revenue in King Edward the Third's Days amounted unto thirty thousand pounds per annum and that the Earl of Desmond was able to expend ten thousand pounds per annum it will not be inconvenient to give the Reader an Account both of the publick Expence and Income for one Year during Saintleger's Government viz. for the Year 1543.  l. s. d. The King's Mannors and Lands per annum 6069 02 07 Customs of Dublin Droghedah Dundalk   and Trim 0319 13 04 The Fee Fee-Farms of Dublin and Droghedah 0200 00 00 Pâ—â—ty Farms Profits and Homages 0011 05 08 The twentieth part of the Spirituality 0287 02 01 ½ The King's Subsidy Spiritual and Temporal 0613 08 03  7500 11 11 ½    Irish Money Deduct 182 13 09 ½ for yearly Annuities and Proxies perpetual    and 1131 12 06 for Judges Clerks of Courts Customers Controllers Constables of the King's Castle of Dublin c. and Officers of the County and Liberty of Wexford and there remains 6186 05 08 Besides there were some Temporary Payments to be deducted viz. 500 l. per annum Pension to the late Prior of St John of Jerusalem and 759 l. 3 s. 4 d. per annum Pensions to the Religious Persons belonging to the suppressed Monasteries c. So that there remain'd clear to the King but 4927 l. 2 s. 4 d. For as on the one side there were some uncertain Profits that are not included in this Computation as Liveries Wardships First-Fruits the Profits of the Hanaper and the Tributes of Irishmen and likewise the Mannor of Dungarvan and some other small things not then setled are not in charge so on the other side there were some casual Expences for Buildings Reparations Concordatums Inquisitions Messengers c. that did more than tantamount the casual Branches of the Revenue The Charge of the Military List although the Army consisted of no more than three hundred seventy nine Horse and one hundred and fifty Foot amounted to almost eight thousaud Pounds besides Artillery and some other things that were constantly supplied from England that is to say The Lord Deputy's Retinue A Captain at four shillings a day a petit Captain at two shillings and an hundred Horsemen at ninepence apiece makes four pound twelve shillings per diem and that is an hundred and thirteen Pound eight shillings per mensem and per annum 1478 05 00. Mr. Robert Saintleger for the like Retinue for a year being thirteen months and one day 1478 05 00. Master of the Ordinance his Retinue a
Carriages to a general Hosting did coss the Country or tax it to find so much Mony as would maintain a certain number of men three Months and accordingly in July this Year the Counties of Kilkenny Waterford Typerary and Wexford were ordered to levy Maintenance for two hundred and forty Kerns for three Months which came to no more than two hundred and four Pounds thirteen Shillings and four Pence whereby one may perceive that the Tax was easie enough but the Grievance was in the irregular Assessments and the oppressive manner of levying it The French King by his Ambassador Theobald de Boys tempted O Donel with Offers of Money and Arms to make an Insurrection but he could do little of himself and it was too soon to seduce others after such solemn and formal Submissions so lately made and so that Negotiation had little or no effect but in February the Lord Deputy was recalled to give the King an Account of his Administration of Affairs in Ireland and Sir William Brabazon was sworn Lord Justice in his stead Ware 168. his Patent bears date the twelfth of October 35 Hen. 8. To this Lord Justice new Seals were sent because of the Alteration of the King's Stile from LORD to KING of Ireland and the old Seals were sent back to England The Lord Justice 1544. by the King's Orders sent him seven hundred Men to Calice under the Command of the Captains Poer Finglass and Skurlock they were very serviceable to the King at Bulloign and did much Mischief to the French for being light of foot Holingshead 103. they would often range twenty or thirty Mile into the Country and as they returned would burn and spoil where-ever they came They had a pretty Trick to get a Prey which was to tie a Bull to a Stake and set fire about him and as the Fire scorched him the Bull would bellow and thereupon all the Cattel within hearing of him would flock that way and so were taken These Irishmen would never give Quarter and therefore whensoever the Frenchmen took any of them they gelded them and otherwise tormented them exceedingly After the Surrender of Bulloign a large Frenchman on the other side of the Haven braved and defied the English Army whereupon one Nicholas Walsh did swim over the River and cut off the Frenchmans Head and brought it back over the River in his Mouth for which bold Action he was bountifully rewarded Sir Anthony Saintleger June 11. 1544. being for his good Services made Knight of the Garter returned Lord Deputy and found the Kingdom quiet and he made it his Business to keep it so which he effectually accomplished by imprisoning two or three turbulent People and by taking Indentures and Hostages from those he suspected And this Lord Deputy knowing it was the only way to keep the Kingdom in peace Lib. D. made it his Business to break the Dependencies of the Irish and to that end upon all References to him he took care that the weaker Party might depend on the Government for Protection and that he should not rely upon nor be under the Subjection of any other and particularly on the fourteenth of July he made an Award or final Order between the Earl of Tyrone and O Donel whereby O Donel was freed from depending on O Neal any farther than that he still continued obliged to pay a yearly Rent of sixty Beeves to O Neal for the Island of Inisowen and it so hapned that the very next year O Neal invaded Tyrconel because that Rent was not paid whereupon there was another Reference to the Government and a new Peace was made between them Aug. 24 1546. In the mean time the Earl of Lenox 1545. who fled out of Scotland was kindly received by King Henry and married his Neece was by the King sent into Ireland to levy an Army to recover his Inheritance in Scotland he came to the Deputy at Kilmainham where he lived and being effectually recommended by the King he was so kindly received and his Business so heartily followed that by the middle of November he had raised fifteen hundred Men under the Command of Sir John Travers Master of the Ordnance to whom the Earl of Ormond joyned as many of his own Followers and was himself General of the Army They set Sail for Scotland in twenty eight Ships but the Levity of their Confederates in Scotland or the Power of Duke Hamilton disappointed this Design for not being able to gain Dunbritton-Castle which was promised to be delivered up to them and finding a potent Army ready to encounter them instead of Friends which they expected to embrace them and being shattered by a violent Storm the Irish were necessitated to return home re infecta In the mean time Lib. D. on the Nineteenth of October died Vlick Earl of Clanrickard whereupon a great Contest arose between his Sons about the Title and Inheritance because the Earl's first Wife Grany O Carol Mother of the Earl's Eldest Son Richard Burk had been formerly married to O Mlaghlin who was still living and undivorced as was alledged and she being still alive the Earl married Honora Burk and was afterwards divorced from her and married Mary Linch Mother of John Burk Grany the first Wife being still living But the Earl of Ormond and other Commissioners sent by the Lord Deputy and Council to settle this Affair soon determined the Matter and finding that the pretended Marriage with O Mlaghlin could not be proved they adjudged Grany to be the Earl's true Wife and placed her Son Richard Burk in the Earldom and Estate of his Father according to the Law of England and because he was under Age they made Vlick Burk Captain of the Country during his good Behaviour and the Minority of the Earl But now the Spirit of Rebellion had again seized the Irish Melvin's Memoirs 8 9. and O Neal O Donel O Dogharty and one Callock had made some Overtures to the French King about assistance to manage an Insurrection and they proposed to him to become his Subjects and to shake off the Yoke of England provided he would procure the Pope's Gift of Ireland and send two thousand Harquebusses two hundred Light Horsemen and four Canon to their assistance The French King thought the Offer so considerable that he sent over John de Monluck Bishop of Valence his Ambassador to Ireland to learn the Truth of their Circumstances and to certifie the King what probability there was of Success if he should engage in that Affair The Bishop arrived at Loghfoyle on Shrovetuesday and the next day was by O Dogharty carried to his House which was a great dark Tower there the Bishop found bad Entertainment and was forced to be contented with Herrings and Bisket and such like Lenten Fare which was the best the House afforded The Bishop had a Months Mind to O Dogharty's Daughter which two English Fryers observing to prevent any Abuse of the Damsel
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
aut servitio dicto Comiti Tyrone suisque Haeredibus impendendo ac immediate parebit obediet Domino Regi sub ejus pace defensione perpetuo remaenebit suaeque Celsitudini de tempore in tempus solvet Bonagium Bonnaught caetera omnia Debita quoties ad id per Dominum Deputatum Concilium requisitus rogatus fuerit c. And on the eighteenth of July the like Order was made between O Donel and his Sons and several Proprietors of Tyrconel and O Donel's Authority was limited and both Parties were obliged to obey the Order on pain of forfeiting all their Estate And about the same time Brian Mac Mahon and Hugh Oge made their Submissions at Kilmainham and were pardoned the five hundred Marks they had forfeited by breach of their former Articles Lib. D. In the mean time the Scotch Islanders sent some Forces to the assistance of the Irish in Vlster but Andrew Brereton with five and thirty Horse met with two hundred of them and defeated them with great slaughter and by his good Conduct quieted Vlster and was therefore made General or Governor thereof But the Lord Deputy being recall'd took Shipping at Houth on the 16th day of December and being offered Testimonials of his good Government from the Council he modestly refused saying That if his Innocence would not defend him he would use no other Remedy than his Belief of the Resurrection of the Dead He was certainly a brave Man and an excellent Governor and would have been sent back with Honour if his Infirmities whereof he died the next year had not prevented it Sir Francis Bryan 1549. Lord Justice was chosen by the Council on the twenty 7th day of Decemb and sworn at Christ-Church in Dublin on the 29th but he enjoyed this Honour but a little while for the County of Typerary being infested by O Carol the Lord Justice made a Journy thither in favour of the young Earl of Ormond who was but twelve years old to protect the Country and on the second of February died at Clonmel whereupon Sir William Brabazon Lord Justice was elected by the Council he committed the Government of the County of Typerary to Edmond Butler Archbishop of Cashel and made a Journy to Limerick where Teig O Carol submitted and entred into Covenants of paying a yearly Tribute into the Exchequer and of serving the King with a certain number of Horse and Foot at his own charge and of renouncing his Pretences to the Barony of Ormond and afterwards the same Teig O Carol surrendred to the King his Country of Ely O Carol containing ninety three Plow-Lands and a half and the King re-granted the same to him and Created him Baron of Ely and by O Carol's means Mac Morough O Kelly and O Mlaghlin were now taken into Protection and Pardoned and by the Lord Deputy's Mediation the Earls of Desmond and Thomond who were wrangling about Bounds and the protection of each others Tories or Out-laws were reconciled on the eleventh of March Lib. D. and about the same time Dermond O Sullevan a great man in the County of Cork was together with his Castle or dwelling-House accidentally blown up by Gunpowder and his Brother Amalfus who succeeded him was likewise not long after killed But Bulloign being restored to the French on the twenty-fifth day of April 1550. the King was thereby enabled to send eight thousand Pound of the Money received there and four hundred men of that Garrison into Ireland which he did And thereby the Lord Justice was put into a Condition of pursuing Charles Mac Art Cavenagh Ware 188. who was again in Rebellion and was proclaimed Traytor and the Lord Justice acquitted himself so well in that Matter August that he killed many of Cave-nagh's Followers and burnt the Country But the French King hearing that the English marched an Army into Scotland lookt upon that Assault of his Ally as a Breach of the Peace with him and therefore sent an hundred and sixty small Vessels with Ammunition and Corn to assist the Scots it hapned that sixteen of them were shipwrackt on the Coast of Ireland however the King of England to obviate any Designs the French might have against his Dominions set forth a Fleet of twenty Ships and Pinnaces under the Lord Cobham which guarded two Harbors on the South and one in the North toward Scotland On the twenty third of October Richard Butler second Son of Pierce Earl of Ormond was Created Viscount Mountgarret and a little before that viz. on the tenth of September Sir Anthony Saintleger Ware 190. Lord Deputy returned to Ireland and Sir Thomas Cusack was made Lord Chancellor To this Deputy Mac Carty submitted in humble Manner and was pardoned and it seems that this Lord Deputy had Orders to call a Parliament but I do not find that there was any in Ireland during this King's Reign On the fourth of November Charles Mac Art Cavenagh made his Submission to the Lord Deputy at Dublin in presence of the Earls of Desmond Thomond Clanrickard and Tyrone the Lords Mountgarret Dunboyn Cahir and Ibracan and renounced the Name of Mac Morough and parted with some of his usurped Jurisdiction and Estate But let us cast an eye on the Affairs of the Church and we shall find that the Reformation made but small progress in Ireland since the same year produced Bishops of each sort for on the tenth of May Arthur Macgenis was by provision of the Pope constituted Bishop of Dromore and confirmed therein by the King and Thomas Lancaster a Protestant was on the third day of September made Bishop of Kildare However Bish Brown's Life 13. on the sixth of February the King sent the following Order for the Liturgy of the Church of England to be read in Ireland in the English Tongue EDWARD by the Grace of God c. Whereas our Gracious Father King Henry the Eighth of happy Memory taking into consideration the bondage and heavy yoke that his true and faithful Subjects sustained under the Jurisdiction of the Bishop of Rome as also the Ignorance the Commonalty were in how several fabulous Stories and lying Wonders misled our Subjects in both our Realms of England and Ireland grasping thereby the Means thereof into their hands also dispensing with the Sins of our Nations by their Indulgences and Pardons for Gain purposely to cherish all ill Vices as Robberies Rebellions Thefts Whoredoms Blasphemy Idolatry c. He our Gracious Father King Henry of happy Memory hereupon dissolved all Priories Monasteries Abbies and other pretended Religious Houses as being but Nurseries for Vice and Luxury more than for Sacred Learning Therefore that it might more plainly appear to the World that those Orders had kept the Light of the Gospel from his People he thought it most fit and convenient for the preservation of their Souls and Bodies that the Holy Scriptures should be Translated Printed and Placed in all Parish-Churches
November 1558. And it is observable That though she was a very zealous Papist yet the Irish were not quieter during her Reign than they were under her Brother but on the contrary their Antipathy against Englishmen and Government induced them to be as troublesome then as at other times and prevailed with Mr. Sullevan to give this severe Character of her Reign Sullevan cath hist. 81. That although the Queen was zealous to propagate the Catholick Religion yet her Ministers did not forbear to injure and abuse the Irish Quae tametsi catholicam Religionem tueri amplificare conata est ejus tamen Praefecti Conciliarii injurias Ibernis inferre non destiterunt THE REIGN OF ELIZABETH QUEEN OF England France AND IRELAND ELIZABETH 1558. the only surviving Child of Henry the Eighth succeeded her deceased Sister Queen Mary on the seventeenth day of November 1558. and in the five and twentieth year of her Age the Parliament who were all Papists then sitting she was by their common consent immediately Proclaimed Queen And though Mary and Elizabeth could not be both legitimate no more than their Father could have two Wives at once for if the first Marriage and Dispensation were not good then was Queen Mary spurious and if they were valid then was Elizabeth the Issue of an adulterous Bed yet by a rare Example of Fortune they both enjoyed Successively the Dominions of their Father and Elizabeth succeeded as Heir to Mary But nothing in History is more strange than that the Papists who had the whole Power in their hands should so peaceably accept of a Queen who according to their Doctrine and by Act of Parliament primo Mariae was a Bastard and by Report was a Protestant and not so much as make one Essay in behalf of the Queen of Scots who was a Catholick Princess and in their Opinions the right Heir But the true Reason was because they believed Elizabeth would declare her self a Catholick and also marry the King of Spain both which Matters she managed so wisely that even the King of Spain himself was deceived thereby iâ— perhaps his Dread and Hatred of the Scots the ancient Allies of France did not prevail with him to favour Elizabeth even though she should prove a Protestant rather than see the English Crown placed on the Queen of Scotland who had espoused the Interests of France and was inseparably linked to them Nevertheless it must be confessed That the Statesmen of that time whose Interests and Designs were Popish were much overseen and did not build their Conjectures upon Reasons that were any thing solid for it was Elizabeth's greatest Interest to regard her own Legitimacy and it was notorious that by marrying King Philip her Sister's Husband she must justifie by her own example the Marriage of Henry the Eighth with his Brothers Wife and by submitting to the Authority of the Pope she must at least tacitly allow his Dispensation for the Marriage of Henry the Eighth and Princess Katherine both which things would by consequence bastardize her and render her Reign and Life precarious The Papists quickly perceived their Oversight and to redeem that Error fell into a worse and refused to Crown their Sovereign whom they had but a little before unanimously Proclaimed but at length it was performed by Doctor Oglethorp Bishop of Carlisle on Sunday the twenty fifth of January 1558. Thomas Earl of Sussex was Lord Deputy of Ireland and with an Army of one thousand three hundred and sixty Foot and three hundred and twenty Horse had kept that Kingdom for some time in a more peaceable and quiet condition than usually him the Queen continued for a while and sent him Instructions written by Sir William Cecil's own hand viz. That a new Survey should be made of all Lands Spiritual and Temporal and no Leases to be made but on the best Survey Secondly Lib. C. The Leases for Customs of Ports not to be renewed without increase of Rent Thirdly Leix Offaly Irys Glanmaliry and Slewmarge to be distributed according to Act of Parliament to Tenants and their Heirs Males Fourthly The Exchequer to be regulated according to that of England and a Book about the Methods of the Exchequer Signed by the Queen and subscribed by the Officers of that Court was sent to the Deputy but not long after he was recalled and thereupon the Council elected Sir Henry Sydny Lord Deputy whose Government was something troublesom by means of Shane O Neal who took upon him the Name of O Neal and disclaimed the English Jurisdiction because by the Laws of England he could not inherit for Henry the Eighth had given the Earldom of Tyrone to Con O Neal with Remainder to his Son Matthew whom for the present he made Baron of Dungannon as hath been already related This Con had two Sons Matthew and Shane but Shane alledging that Matthew was a Bastard and the Son of a Smith of Dundalk as inded he had been reputed for fifteen years did claim the Inheritance and having murthered his Brother Matthew and imprisoned his own Father who thereupon died with grief he set up for himself and broke out into Rebellion The Lord Deputy marched to Dundalk to fortifie and defend the English Pale and sent for Shane O Neal who lay at a House of his six Mile from Dundalk to come to him thither but Shane desired to be excused and prayed that the Lord Deputy would be pleas'd to be his Gossip and that then he would come and do all that should be requisite for her Majesties Service and though this seem'd dishonourable that the Deputy should be Gossip to a Rebel before Submission yet the necessity of the Queens Affairs required it and therefore he consented and on the last day of January he and James Wingfield Christned the Child After the Solemnity was over the Deputy expostulated with Shane about his Rebellion O Neal alledged the Bastardy of Matthew and that Con's Surrender was void because he had but an Estate for Life in his Principality nor could have more by the Law of Tanistry nor could surrender but by consent of the Lords of his Country and that even by the English Laws the Letters Patens were void because there was no Inquisition taken before they were pass'd nor could there be any Inquisition till Tyrone were made Shire-ground That he was elected O Neal by the Country according to custom and that he is the legitimate Son and Heir of his Father and that his Title to all he claims is by Prescription The Deputy replied That the Matter was of great moment and that he doubted not but that the Queen would do what was right and just and therefore advised him to a quiet and loyal Deportment till her Majesties Pleasure were known and so they parted in a friendly manner and by this means Shane O Neal continued pretty quiet during this Deputy's Government but on the twenty seventh of August Thomas Earl of Sussex 1559.
was not to be given to Irish or Scots The Earl was to be Captain-General for seven years and was to plant his Part as well as the Queen should hers until there should be a thousand English Inhabitants on each Moyety And so being made Earl-Marshal of Ireland he set about the necessary Preparations for his Irish Voyage and to that end borrowed ten thousand Pounds of the Queen on a Mortgage of his Lands in Essex But the Lord Deputy being unwilling to have any body independent on him in that Kingdom especially so great a man cloathed with such a large Authority and accompanied with such considerable Forces gave all the opposition he could to this Noble Undertaking of the Earls until at length this Medium was found out That the Earl of Essex should take a Commission from the Lord Deputy to be Governor of Vlster wherewith both Parties were satisfied or at least they acquiesced in the Expedient In the mean time Mr. Edward Tremain was sent over to the Lord Deputy 1. To know why he desired so earnestly to return to England Lib. c. 2. To enquire what was the yearly Charge of that Kingdom what number of Men in Pay and how disposed of when any were disbanded or dead and when their rooms supplied and how many more there be than was appointed in March was twelve-month 3. To know what has been received of the Impost of Wines since Michaelmas last and what is in Arrear and if he could not discover it then to move the Deputy to certifie the Quantum of each 4. To know of the Deputy and Lord President in what state Munster is and how to be preserv'd 5. To know what is done or intended to be done with Desmond and his Brother John and how their Creditors in England shall be paid 6. To enquire how Connaught stands and how the Castles of Athlone and Roscomon are and the condition of the Earl of Thomond and Clanrickard and his Sons 7. To enquire into the Outrage committed against Sir Barnaby Fitz Patrick and the taking away his Wife and Children and how the Offenders are punished and how the Birns and Cavenaghs stand affected 8. To tell the Deputy that the Earl of Essex with two thousand Men will in August next come to inhabit the forfeited Lands in the Glins Routs and Clandeboy that in the mean time the Deputy guard the Frontiers of the Pale that way and Publish that Essex comes to repel the Scots and not to hurt the Irish 9. To tell the Deputy not to raise more Forces but if his Ormond's and Kildare's Forces are not sufficient against the O Mores and Connors to borrow two or three hundred from Essex for that Expedition and pay them 10. To preserve the Corn c. in the Ardes till Essex comes 11. To know why he gave Commission to Sir John Perrot to sell Marul's Ship wherein was Goods of all Nations The English had a very hopeful Prospect of the Earl of Essex's undertaking in Vlster so that many Persons of Quality and abundance of Gentlemen concerned themselves in the Expedition The Lords Darcy and Rich Sir Henry Knowles and four of his Brothers Michael Carves and his Brother John and Henry William and John three Sons of the Lord Norris and many others accompanied the Earl in this Voyage and they Landed together at Carrigfergus in the latter end of August 1573 and assoon as they Landed Bryan Mac Phelimy waited on the Earl and in most submissive manner tendred his Duty to the Queen and his Service to Essex but assoon as he perceived that the Earl's Forces were not so considerable as was reported he presently apostatized and joyned in Rebellion with Turlogh Lynogh About the same time or rather a year sooner Sir Thomas Smith sent his Natural Son together with one Chatterton to make a Plantation in the Ardes Cambd. Eliz. 190. but young Smith was murdered by Neal Bryan Artho who was afterwards killed by Sir Nicholas Malby and so that Design became unsuccessful and the Earl did not speed much better for after the Expence of much Treasure and a years time he returned to England This year the Money sent by the Queen into Ireland Lib. H. since she came to the Crown was computed and it amounted to four hundred and ninety thousand seven hundred and seventy nine Pounds seven shillings and six pence halfpeny and the Revenue of Ireland in the same period of time came to no more than one hundred and twenty thousand Pounds It is reported of Bryan Mac Fylemy that he had thirty thousand Cows besides other Cattel and it is certain that the Lord Rich within a Month after he came to Ireland returned to England on his private Occasions and Henry Knolls was by Sickness forced to do the like and many others upon frivolous Pretences left the Earl of Essex and went back to England Cambd. Eliz. 202. besides his Soldiers were raw and it was late in the Year and his Commission was not yet sent him being purposely delayed by the Deputy so that all these and some other Difficulties concurr'd to make Essex's Expedition unfortunate Nevertheless he took the Castle of Liffer from Con O Doâ—el and in a Skirmish he killed two hundred Irish and took Bryan Mac Fylemy and his Wife and his Brother Rory Oge Prisoners In the mean time 1574. the Earl of Desmond notwithstanding his Oath to be a true Prisoners made his escape out of the Castle of Dublin whereupon the Deputy marched into Munster to prevent new Coâ—â—â—otions and ordered the Earl of Essex to guard the Borders of Vlster which very much hindred his Progress in building Fortifications in Clandeboy however he obeyed and at length the Earl of Desmond was prevailed upon to reconcile himself to the Government Sir Henry Sydny 1575. Lord Deputy arrived on the twelfth of September and was sworn on the eighteenth at Tredagh to which Place he went directly from the Skyrries because the Plague raged in Dublin It is observable of this great and good man that although he did most excellent Service in Ireland yet he was but ill rewarded for it in England and therefore he was with great difficulty prevailed with to accept the Government this seventh and last time for as he expressed himself in his Letter he cursed hated and detested Ireland above all other Countries not that he had any dislike of the Country but that it was most difficult to do any Service there where a Man must struggle with Famine and Fastnesses inaccessible Bogs and light-footed Tories and yet when these and all other Difficulties were surmounted no Service in the world was less reputed valued or requited than that and it is farther remarkable of him that though he was four times Lord Justice and three times Lord Deputy of Ireland yet he never purchased a Foot of Land in that Kingdom The Lord Deputy's Instructions were to find means to pay the Queens Debts if possible
and was inhabited by many English but now not a Man of English Extraction to be found there and even the O Bryans tho' very near Relations were inveterate Enemies each to the other and the Country was entirely wasted and innumerable complaints of Murther Rape Burning Robbery and Sacriledge were made to the Deputy He imprisoned the Earl of Thomond and Teig Mac Murrough till they gave Bonds and Hostages of their good Behaviour he kept the Earl's Brother in Irons and made Sir Donald O Bryan Sheriff and left a Provost-Marshal and a Garrison amongst them at their Request and Charge and upon shewing them that the uncertainty of their tenures was the cause of all their Disturbances they promised to surrender their Estates and take Patents according to Law and so having appointed Commissioners to hear such of their Complaints as he had not leisure to determine and having punished some notorious Offenders and ruined the Rebellious Mac an Aspigs Bastard Sons of the Bishop of Killaloo by name Brians he went to Galway To Galway came seven of the Family of the Clandonells and after them came Mac William Eighter who could speak Latin though he couldnot speak English he submitted by Oath and Indenture and agreed to pay two Hundred and Fifty Marks per Annum for his Country besides Contribution of Men on risings out and consented the Clandonells should hold their Lands of the Queen whereupon he was Knighted and had some small Presents from the Deputy and an English Sheriff sent into his Country as he desired O Mayle also submitted as did all the rest of the County of Mayo and desired Justice and English Government being weary of the devastations made by their civil Dissentions The Town of Galway was poor and disorderly and the Country destroyed by the Earl of Clanrickard's Sons against whom infinite Complaints were made Nevertheless they had the Confidence to come unexpectedly into the Church of Galway in the time of Divine Service and upon their Knees to make their Submission and at the same time they humbly begged Pardon for their Extravagances which by Advice of the Privy-Council was granted unto them although for the present they were confined and were afterwards carried to Dublin and so the Lord Deputy having stayed three Weeks at Galway set out towards Dublin and kept Sessions in every County he marched into 1576. and setled Garrisons in all places Convenient he finished his Progress on the thirteenth day of April 1576. But the state of Affairs and the miserable Condition of Ireland are best understood from the lively Representation of them in the Lord Deputies Letters which import that the County of Louth was impoverished by the frequent passage of the Army through it but would recover if it were protected from the ill Neighbourhood of the Ferny That Meath has been harassed by O Connor and O Molloy even since their Protections but that O Reyly behaved himself well That the Kings Writ did not run in the new Baronies of West meath but he hoped it should in a little time that the County of Kildare was wasted by the O Mores and the Counties of Wexford and Caterlough are but little better that the King's County and the Queens County are harassed by Rory oge and that the Undertakers are so poor and few that two Hundred Soldiers are in Garrison there to protect them so that those Counties do not yield the Crown the twentieth part of the Charge they put it to that Kilmallock was re-edified but that Athenry was the most miserable Spectacle in the World the whole Town was burnt by the Mac an Earla's and the Church it self was not exempted from the common Ruin although the Mother of one of these Vipers was buried therein but that was so far from mitigating their Fury that the Son being told his Mother was buried in that Church replied That if she were alive he would sooner burn her and the Church together than that any English Church should fortifie there that these Mac an Earla's hated each other and yet like Herod and Pilate joined together against any third Person whom they thought to be a common Enemy That the Deputy had laid a Tax of two Thousand Pound on the Country towards the re-edifying Athenry and took from the Earl of Clanrickard the Castles of Ballyclare and Ballynislow That O Connor Dun and O Flyn submitted to him at Roscomon and their Country being destroyed desired the English Laws and Government That the whole Province of Connaught was much annoyed by the Scots whom the Mac an Earla's had brought to their Assistance That the County of Longford submitted and paid part of their Arrears and promised the rest That the Brenny was pretty quiet that he left Thomas L'estrange and Thomas Dillon Commissioners to decide Controversâ—es and Robert Damport Provost-Marshal of Connaught But if the Civil State of the Kingdom were in an ill Condition the Ecclesiastical was in a worse for there were scarce any Churches or Curates to be found Many People that never were Christned or knew any thing of God or Religion which being made known to the Queen Hooker 141. she sent a Commission to rectifie Ecclesiastical Matters and William Girald was sent over to be Lord Chancellor and Sir William Drury to be President of Munster both which arrived in June 1576. The Chancellor was immediately setled and the Deputy designed to go to Waterford to settle Drury in his Presidentship of Munster but he was diverted by the Letters received from the Bishop of Meath and Mayor of Galwey which advertised that the Sons of Clanrickard who had lately submitted with the connivance of their Father passed the Shenin changed their English for Irish Apparel sent for their Friends and the Scots and being met went to Athenry sacked the Town again and set the new Gates on Fire defaced the Queens Arms drove away some and slew others of the Masons that were building The industrious Deputy made such haste that in three days he was with them at the Report whereof the Rebels were amazed and fled to the Mountains but Clanrickard's Castles were taken and himself sent close Prisoner to Dublin though he made many Excuses but to no purpose which done the Deputy restored Castlebar to Mac William Eighter and went to Galway to comfort and secure the Townsmen and thence to Lymerick where he setled the President Drury and thence together they went to Cork where the President remained The Lord President Drury being valiant in War and diligent in times of Peace by executing Justice severely on the disobedient and by cherishing those that were Loyal brought Munster into good Order the County of Kerry only excepted which Desmond claimed to be his Palatinate Cambd. Eliz. 218. and exempt from the Presidents Jurisdiction whereby it came to be a nest of Rogues and a Sanctuary for Rebels wherefore the President resolved to break through the pretended Priviledge and to make Kerry amesnable to the Law Desmond
May 〈◊〉 requiring him to stay till the Lord Chancellor Gerard to whom the Queen had granted Licence to transport Yarn non obstante the Statute and whom she commends exceedingly should arrive which hapning in August the Deputy by the Queens Orders surrendred to Sir William Drury on the twelfth of September and had Leave to go for England Henry the Eighth was this Godfather and Edward the Sixth his Companion and so fond of him that he died in his Arms And undoubtedly he was Cambd. Eliz. 231. as Cambden says One of the most commendable Deputies that ever was in Ireland Sir William Drury Lord Deputy was sworn in Christ-Church Dublin on the fourteenth day of September and on the twenty ninth he began his Journey to Munster being accompanied by Sir Edward Fitton and others of the Council and by their Letter to the Queen of the twentieth of November they shew the necessity of a President of Munster and that upon the 〈◊〉 of its Suspension the Irish Lords thought they lost time if they did not immediately resort to their former Tyranny Lib. S. S. S. they give some Instances and particularly of the Lord Roch who kept a Freeholder who had eight Plow-lands Prisoner and Hand-locked him until he had surrendred or released seven Plow-lands and an half of them upon agreement to keep the remaining half Plow-land free but when this was done the Lord Roch extorted as many exactions from that half Plow-land as from any other half Plow-land in his Country and that both the Lords Barry and Roch without Right or Process that very Harvest took away all the Corn from the Farms of those Tenants they had Controversy with or spight to and even the great Men were under the same Oppressions from the greater for the Earl of Desmond forcibly took away the Seneschal of Imokilly's Corn from his own Land although he was one of the most considerable Gentlemen in Munster which I observe to shew the difference between English Government and Irish Tyranny And it must not be forgotten that in October Matthew Sheyn Bishop of Cork burnt St. Dominick's Image at the high Cross of Cork to the great grief of the superstitious People there The Lord Deputy in his way to Limerick lay at Castleton Roch but the Earl of Desmond being at odds with the Lord Roch would not got go thither and the Deputy was afterwards troubled that he went thither when he understood that the Lorch Roch cessed his Tenants for the Deputies Entertainment The Deputy found the Earl of Desmond and the Earl of Glencar at so great difference that they were almost ready to draw into the Field as was usual their contest was about the Bounds of Kerry viz. Whether Macarty's Lands were within the County Palatine of Kerry or not Neither were the feuds between the Butlers and Giraldines any thing less than the other October 1578. both sides had made great Preparations for Battle but the Lord Deputy interposed effectually to determine or at least suspend these Controversies and he also perswaded Desmond to take a certain Rent of his Tenants instead of Coin and Livery and he Executed twenty two Criminals at Limerick and thirty six at Kilkenny one of which was a Blackamoor and two others were Witches and were condemned by the Law of Nature for there was no positive Law against Witchcraft in those Days Moreover the Lord Deputy bound several Citizens by Recognizance of forty Pound to come to Church to hear divine Service every Sunday pursuant to the Queen's Injunctions and he advised the Bishop of Ossory to make a Rate for the repair of the Church and to distrain for it and so having punished some Townsmen of Cork and Kilmallock for abusing the Soldiers and having received the Submission of Sir James Desmond Sir Pierce Butler and all the Cavenaughs he returned to Dublin In the mean time that indefatigable Rebel James Fitz-Morris nowithstanding his Oath of Allegiance taken before Sir John Perrot at Kilmallock went over to France Camb. Eliz. 236. and having two Years sollicited that King in vain he made a more successful Address to the Pope and the King of Spain by whom being furnished with a few Men and some Money 1579. he came accompanied with the Jesuits Allen and Sanders who was also Legate and out of his three Ships Landed fourscore Spaniards and some Irish and English Papists at Smerwick in Kerry in the latter end of July 1579. Immediately they built a small Fort and drew up their Ships under it and the Legate Sanders hallowed the place and promised them success but Captain Thomas Courtny being at Kinsale with one of the Queens Ships at the perswasion of Henry Davells doubled the Point and took the three Ships in the Bay and put the Spaniards into a Pannick Fear notwithstanding the Pope's Blessing However Sir John and James of Desmond as soon as they had not notice of the Invasion hastned to their Cozen James Fitz Morris and were at first kindly received but Sir John easily perceived a coldness towards him and that the Rebels entertained some Jealousies of him because of his Familiarity with his old Friend Henry Davells and therefore to establish his Reputation with them Sullevan 95. Camb. Eliz. 237. per aliquod facinus dignum as Mr. Sullivan phrases it he basely and perfidiously Murthered his Bosom-Friend Dâ—vells and one Carter at Traley and left a fair Caution to Posterity which has been simply and fatally neglected by those that pay dear for it at this Day however the Legate Sanders commended the Fact and said it was a sweet Sacrifice in the Sight of God The Earl of Desmond was as deep in this Rebellion as any body as is manifest from the following Confederacy WHereas the Right Honourable Garret Lib. C. Earl of Desmond hath Assembled us his Kinsmen Followers Friends and Servants about him after his coming out of Dublin and made us privy to such Articles as by the Lord Deputy and Council was delivered 〈…〉 eighth of July 1579. To be performed as also his 〈…〉 the said Articles which said Answers we find so 〈…〉 with one accord do counsel and advise the said 〈…〉 nor yield to any more than in his Letter is 〈…〉 and further the said Earl declared unto us that if he do not yield presently to the Performance of the same Articles and put in his pledges for observation thereof that then the Lord Deputy will bend his force and make War against him We the Persons underwritten do advise and Counsel the said Earl to defend himself from the violence of the said Lord Deputy that doth ask so unreasonable a Demand as in the said Articles is contained and for to defend and stick to this our Advice and Council we renounce God if we do spare Life Body Lands and Goods but will be aiding helping and assisting the said Earl to maintain and defend this our Advice against the said Lord Deputy or any
with nineteen Spaniards and fifty Irish under one Julio an Italian Engineer The Lord Justice coming to view it had like to have been killed with a Musquet Shot nevertheless he persevered in his Resolution and caused the Castle to be battered with three Cannon a Culverin and a demy-Culverin till a Breach was made at which Captain Macworth entred and took the Castle putting fifty to the Sword and six he took and executed them in the Camp the Captain Julio was preserved two or three days for certain Considerations and then not complying with the Lord Justices Expectations he was Hanged On the third of April 1580. the Army sat down before Askeaton which is a very strong Castle built upon Rocks and of very difficult Access nevertheless the cowardly Garrison were so frightned with the example of Carrigifoyl Cambd. Eliz. 240. that they basely deserted the Castle the first night of the Siege having first layed a train of Powder which burned great part of the Castle but did not prejudice the principal Towers The same day George Carew and others with three Companies attempted Ballyloghane another Castle of Desmond's which the Garrison upon sight of them likewise deserted but not so timely but that being closely pursued many of them were slain Now was Desmond dispossessed of all his Castles and therefore the Lord Justice leaving four Companies at Askelon returned to Lymerick on the fifth of April as Ormond did to Kilkenny Malby to Connaught and others to Dublin However the Army tho in Garrison was not ildle but behaved themselves effectually as they found Occasion even the Lord Justice himself went by Sea from Lymerick to Adare and sent Captain Case by Land and both returned after the slaughter of many Traytors with a Prey of twelve Hundred Cows and many Sheep At Lymerick the fifteenth of May the Lord Justice received a Comâ—ission from the Queen to be Lord Justice and another 〈…〉 Sir William Burk Baron of Castleconnel with a Yearly Pension of an hundred Marks during Life On the thirteenth of May Sullevan 101. Walsh ' s Loyal Remonstrance Pope Gregory the thirteenth granted to all the Irish that would fight against the Queen the same plenary Pardon and remission of all their Sins as to those that are engaged in the Holy War against the Turk On the seventeenth of May a separate Commission of Martial Law was granted granted to the Lord Rooh and Sir Cormack Mac Teig of Muskry with Power to give Protection for fifteeen days to any other than the principal Rebels On the fourteenth day of June the Lord Justice invaded and destroyed Clanawliff and thence marched through Slevelogher to Kerry and on the fifteenth took a Prey of two Thousand Kine and many Sheep and mist but little of surprizing the Earl of Desmond and Doctor Sanders this last being fain for haste to leave his Gown behind him he took another Prey the next day at Castlemange nevertheless the Army being ill payed began to Mutiny and some of them refused to march with the Earl of Ormond into the Mountains of Kerry but by the Lord Justice's Discretion this Sedition was appeased and the Mutineers were Pardoned On the eighth of July the Popish Lords of Munster appeared before the Lord Justice at Limerick and being charged with Correspondence with the Rebels and negligence in Prosecuting them all of them except the Lord Barry submitted and promised future Loyalty and were ordered to maintain two thousand Men during the War and to give Pledges of Performance but the next day they thought the Charge too heavy and therefore were confined to their Chambers till they sent their Pledges soon after Sir Cormock Mac Teig was dismissed with Favour and an Order to the Country to assist him in his Attempts against the Rebels because he had promised to do some considerable Service which he very luckily effected for James of Desmond on the fourth of August invaded Muskry and took a Prey from Sir Cormock Mac Teig Cambd. Eliz. 240. then Sheriff of the County of Cork whereupon his Brother Daniel Mac Teig assembled what Force he could get together to rescue the Prey it was briskly disputed between them and the issue was the Desmonians being an Hundred and Fifty were beaten and most of them slain and Sir James being taken Prisoner was brought to Sir Warham Saint Leger and Captain Rawleigh who caused him to be Hanged Drawn and Quartered at Cork In August Ormond dislodged from Adare and marched to Buttevant where a strange kind of Sickness called afterward in England The gentle Correction seized the whole Army it took them in the Head and for two or three Days they lay Senseless and then recovered few or none died of it though by the Violence of the Disease it was not expected that many could recover Ormond divided his small Army into two Parts and marched with one half to Castle-Island and the other he sent to Traley in Kerry where all met and then dividing into three Parts marched to Dingle and as they went they drove the whole Country before them whereby they took a Prey of eight thousand Cows besides Garrons Sheep c. and slew a great many People and had slain more but that Sir William Winter who was then in the Harbour of Ventry with some of Her Majesties Ships gave many of them Protections This Winter was Vice-Admiral of England and came to cruise about the Coast and to prevent the Spaniards Landing if they should come but he had not the Patience to stay or else believed they would not come in the Winter so he returned home before they came In the mean time the Earl of Desmond was reduced to great Extremity more of his Followers having perished by the Famine than were destroyed by the Sword so that the Countess came with Tears in her Eyes to intercede for her Husband August and Sir John Desmond and Doctor Sanders endeavoured to fly to the Lord of Baltinglass who was up in Leinster but they were like to be intercepted by the Garrison of Kilmallock who met them and their two Servants and took the Servants whilst the Masters escaped so they were forced to return to Kerry and had been taken there but that a false Brother gave them notice of the Design however they took two Fryers and a Prey of two hundred and thirty Kine and slew divers of the Rebels In the mean time the new Lord Deputy landed at Dublin on the twelfth of August and immediately sent for the Sword but the Lord Justice did not think fit to part with it until he personally surrendred it which he made no haste to do but instead of going directly to Dublin having left Sir George Bourchier Collonel of Munster with two thousand eight hundred and twenty Foot and three hundred ninety five Horse and given him and others proper instructions he rode to Killalow where the unconscionable Bishop demanded thirty Pound for one Nights grazing for an Hundred
out of every Plow-land only the twenty Plow-lands formerly held by Sorohen should pay but 15 s. a piece per annum and in case of Invasion so that of necessity the Soldiers must victual on the Country six shillings and eight pence per Plow-land shall be abated therefore and the Territories of Trachanckmy Corkaguiny and Offerbuy were to pay 02 13 04 out of every Knight's-Fee but that which was the best Article in the whole agreement was that the Country was to appoint their respective Collectours of the Composition-Money The year 1593 is memorable for the College of Dublin 1593. which was then finished and made an University whereof the Lord Burleigh was the first Chancellour and Vsher afterward the Learned Primate was the first Scholar that was entred there which proved a good Omen that that Noble foundation would produce many Good and Learned men for the Service of God and the King both in Church and State But the rebellious Spirit of the Irish could be no longer restrain'd Camb. Eliz. 478. but that it must have some vent O Connor was troublesome in Connaugh as O Donell was in Vlster and Macguire chief of Fermanagh alledging that he had paid 300 Bieves to the Deputy to excuse his Country from a Sheriff during his Government and that nevertheless one Captain Willis was appointed Sheriff and kept 200 followers Men Women and Boys who prey'd on the Country did rise up in Arms and drove them all to a Church where he would have murthered them but for Tyrone who got their lives spared on condition they should depart the Country Hereupon the Deputy invaded Fermanagh and proclaimed Macguire Traitor and took Eniskilling and they say he let drop some words reflecting on Tyrone which he afterwards said was the first cause of the jealousie he conceived of the English But Macguire not discouraged at this by the importunity of Gauran titular Primate of Ardmagh invades Connaugh intending to prey upon that Country but the valiant Bingham routed him and his Forces many of which were slain and particularly the Primate It is observable that in the Course of this War Tyrone served with Marshall Bagnall against Macguire and in a Recounter got a wound in his Thigh Nevertheless the Feuds betwixt Tyrone Lib. L. 1594. and the Marshal continued and the Marshal impeached the Earl of divers Treasons 1. That he entertained the aforesaid Primate being a Traitor 2. That he corresponded with O Donell and other Traitors but he so well acquitted himself before the Deputy and Council at Dundalk and by his Letters in England that in August 1594. the Council of England commended him for his Service against Macguire pronounced him innocent of the Crimes laid to his charge and chid the Marshal for his partiality Nevertheless it is plain that this cunning Earl at this very time plotted that formidable Rebellion which afterward broke out and in order to it he used two Strategems 1. Having six Companies under his Command at the Queen's pay he altered and changed the men so often that thereby his whole Country became disciplin'd Soldiers 2. He got a great quantity of Lead into his possession under pretence of building a stately House at Dungannon But in August the Lord Deputy was recalled and Sir William Russel youngest Son of Francis Earl of Bedford Lord Deputy landed at the head of Hoath 31st of July and the next day he went to Dublin but refused to accept of the Sword till the Council had first given him in writing under their hands an account of the State and Condition of the Kingdom which being done he was sworn on Sunday the 11th of August with great Solemnity The same day news were brougt that Cormock Mac Baron Tyrone's Brother who besieged Iniskelling had defeated the English being 46 Horse and 600 Foot under the Conduct of Sir Edward Herbert and Sir Henry Duke whereupon Sir Richard Bingham who was the sixth of August sent to relieve that place returned to Dublin 11 August Hereupon orders issued for a general Hosting and the next day there came news of 2500 Scots who had landed and done much mischief at Carigfergus On the 13th of August an Order of Council was made That the Lord Deputy leaving the Earl of Ormond to defend the Pale against Pheagh Mac Hugh and Walter Riagh should march to relieve Iniskelling and it was also ordered and agreed That the Council being divided viz. some to stay at Dublin and others to attend the Lord Deputy the Acts and Orders of either Party should be as effectual as if they were all together and should be esteemed and obeyed as the Act of the whole Council In the mean time Lib. M. Lambeth on the 15th of August Tyrone himself unexpectedly and to the amazement of all men came to the Council Board without previous Pass or Protection and on the 17th made his submission on his knees and in writing Lib. B. 2. Lambeth this wheedling Submission together with large offers and expressions of Loyalty he pretended all his distaste was at the former Deputy but that he reverenc'd this and was ready to doe any service he could for Her Majesty or his Lordship he confess'd that no Prince in the World was more Gracious to a Subject than Her Majesty had been to him that She had advanced him to a large Estate and high Title and called God to Witness that Her Majesty's Displeasure was his greatest grief and he renounced God if ever he would heave up his hand against Her Majesty thereafter He also promised to send his Son to be educated at Dublin and to deliver sufficient Pledges of his Loyalty whereupon by the opinion of the major part of the Council he was discharged Camd. Eliz. 493. the Marshall Bagnall in vain offering to prove several Treasons against him But as soon as the Queen was informed thereof she smartly reprimanded this fatal oversight of the Deputy and Council who might at least have made use of Tyrone to relieve Iniskelling The Deputy marched from Dublin the 19th August 1594. and came to Trim that night the 20th to Molingar and the next day to Athloan the 23d to Roscomon the 24th to Abby Boyle on the 26th he passed the Curlew Mountains and encamped at Drumdone and the next day passed the Bogs and marched eleven Miles to the Hill of Killargan on the 28th he went over other Bogs with great danger and came to Ballaghnimerla and on the 29th to Glacknemansha on the 30th his Lordship with great difficulty and some loss passed the River with 500 Men and entered the Castle of Iniskelling without opposition the Enemy being fled upon the news of his approach Iniskelling being thus relieved the Deputy returned by easie Marches and came safe to Dublin on Monday the 9th of September On the 16th of January the Deputy took a Hunting Journy to Ballynecor and drove Pheah Mac Hugh into the Glinnes and garison'd Captain Street's Company in
and stronger Order than they and such means to keep from them the maintenance of their Life and to waste the Countrey which should nourish them your Majesty may promise your self that this Action will in the end be successfull though costly and that your Victory will be certain though many of us your honest Servants must sacrifice our selves in the Quarrel and that this Kingdom will be reduced though it will ask besides Cost a great deal of Care Industry and Time In June Sir Henry Harrington and some of his young Captains with 600 Men left in the Glinnes received a Baffle from the O Brians by their own fault which Essex punished by Decimation and the Execution of an Irish Lieutenant Pierce Walsh on whom the blame of that Disaster was chiefly laid But the Lord Lieutenant understanding the Queen was angry at his fruitless Munster-Expedition attributed the fault to the Council and assured Her Majesty by Letter of his speedy March to Vlster and yet instead of that he went with 2500 men into Leix and Ophaly and totally ruined the O Moors and O Connors and on his return found his Army so impair'd that he and the Council joyn'd in a Letter for a supply of 1000 Men. And being now resolved for Vlster he ordered Clifford Governour of Connaugh to march to Belick to distress Tyrone on that side accordingly he march'd with 100 Horse and 1400 Foot but being encountered by O Rourk and 200 Rebels at a Pass our Men being tired and wanting Powder were routed 140 slain together with Clifford and Sir Alexander Ratcliff and as many wounded nay they had all been lost were it not for the valour of the Horse who secured their Retreat and so the next day they marched back to Athloan Essex received the supply of 1000 Foot he had sent for into England and yet made no other attempts against Tyrone than that with 250 Foot and 300 Horse he came to the borders of Vlster about the lattter end of August and on the 8th of September held a Parley with Tyrone at the Ford of Balla-clinch Camd. Eliz. 570. and concluded on a Truce for six weeks and so from six weeks to six weeks till May provided either Party might break it on fourteen days notice before hand and on the 22d of September he gave a Commission to the Council of Munster or any three of them to govern that Province Quorum Sir Warham Saint Leger or Sir Henry Power to be one Soon after his return to Dublin Camb. Eliz. 572. Essex and the Council received a sharp Letter from the Queen dated the 14th of September taxing his and their ill Conduct and Disobedience to her positive Commands whereat he was so nettled that he immediately went for England where he unexpectedly came to Court on the 28th of September and being reprimanded for that Vagary Lib. C. his Apology was in effect That no harm had followed his rash Deserting Ireland that he left things in the best order and in the hands of the best Men he could and left so good Instructions that they have not been much altered since and that he came over in a time of Truce Adam Loftus Lord Chancellour Sir George Cary Treasurer at Wars Lords Justices were sworn the 24th of September whereupon Tyrone grew haugthy and publickly profess'd that he would recover the Liberty of Religion and his Countrey To him came Fryar Matthew de Oviedo titular Archbishop of Dublin and Don Martin de la Cerda they brought Papal Indulgencies for all that would take Arms against the English and a Phoenix Plume to O Neal and 22000 pieces of Gold from the King of Spain to distribute as they saw cause Hereupon O Neal in the beginning of December gave notice that after fourteen days he would break the Truce and soon after viz. the 20th of January under pretence of a Pilgrimage to the Holy Cross in Typperary he made a Journey into Munster to confer with the Sugan Earl of Desmond and to debauch those people from their Duty he had with him 2500 Foot and 200 Horse de deposed Daniel Mac Carty Moor and placed Florence Mac Carty in his stead he burnt and spoiled all that would not joyn with him especially the Lord Barry and he took Pledges of all those whose zeal he doubted and particularly of the White Knight and the Earl of Desâ—ond and by his Journey wonderfully encreased the number of the Rebels so that there were very few Irish that had not intelligence with him or shewed manifest inclination to him they were also very much encouraged by the death of Sir Thomas Norris Lord President of Munster who dyed at Mallow of a wound he had received in a Conflict with the Burks as also by the death of Sir Warham Saint Leger one of the Commissioners of Munster on the death of Norris who taking the air within a Mile of Cork was assaulted by Macguire and both of them slain so that it was now high time to provide a Govenour for the Kingdom and a particular President for that Province and the Queen shewed abundance of judgment in her choice of both Sir George Carew afterwards Earl of Totness was appointed Lord President of Munster and Charles Lord Montjoy Lord Deputy they landed at the Hill of Hoath the 24th of February 1599. The Lord President stayed at Dublin some time to get his Commission and Instructions and to learn the State of the Kingdom and on the seaventh of April 1600. with 700 Foot and 100 Horse being accompanied with his Excellency to Chappel Izzod he went to his Province Lib. C. and on the seventh of March 1599. the Lord Deputy and Council issued a Proclamation to give notice that the Queen had appointed Commissioners to sit three months to enquire what Money was due to the Subject by Bill Ticket or otherwise since the first day of Sir William Russel's Government for Bieves Diet of Soldiers Money delivered or other Services in order to their Satisfaction On the 10th of April the President being at Kilkenny 1600. was desired by the Earl of Ormond to go with him eight Miles to parley with Owen Mac Rory O Moor which he did and the Issue was Pacata Hibernia 24. that by the Treachery of the Rebels Ormond was taken Prisoner and the President and the Earl of Twomond hardly escaped by the swiftness of their Horses whereupon Pierce Lacy who was lately come into Protection relapsed again On the the 16th of April the Lord President came to Waterford where some Fitz-giralds of the Decyes and some of Powers submitted to him and were pardoned The Lord Lieutenant on the 10th of March went to Mulingar to intercept Tyrone in his return from Munster but he having notice of that design left 1000 Men with Desmond and 800 with the Butlers and with a small Company and by exceeding long Marches escap'd into Vlster but he lost his Reputation and many of his Men in this hasty
charge for Gallowglasses number and time certain viz. Meat and Drink one day in a Fortnight Soroheen more was an equivalent for the other in Quirrens of Butter and Srones of Oatmeal South alias Tax or Tallage is a Contribution towards the payment of the Lords Debts or any other extraordinary occasion vide Cuttings Stanihurst a Treatise in Latin of the Conquest of Ireland by Richard Stanihurst Sullevan the Catholick History of Ireland written in Latin anno 1621. by Philip O Sullevan Siurirupes Carig ni shure alias Carrick in Com' Typerany T. Termon-lands are Lands belonging to the Church and were priviledg'd from Taxes and it seems the Termon was the Clergy-mans Tenant or Servant Turbarii Kernes Irish Foot-Souldiers lightly arm'd Tagh of Land is 60 acres Tuethia the Territory of Mac Swiny na doo in Com' Donegall Tirconell the County of Donegall Tybrach a Castle within two miles of Carrig and not Typerary as is by mistake supposed pag 40. Trowses are Britches and Stockings made to sit as close to the Body as can be Tate is sixty Irish acres V. Vriell is the County of Louth Vallis Juncosa Slevelogher the Mountain between the Counties of Cork and Kerry W. Ware Sir James Ware 's Annals of Ireland Ware de Presul the same de praesulibus Hiberniae Ware de Antiq. the same de Antiquitatibus Hiberniae ERRATA APparatus pag. 1. read 150 of the same miles broad p. 26. read Squaleing Engine Pag. 9. line 16. read irrita p. 11. l. 24. r. Birne p. 13. l. 11. r. next day p. 18. l. 41. r. inheritance p. 20. l. 28. r. Army was p. 23. l. 7. r. Tuam p. 27. l. 35. r. extirpate p. 37. l. ult r. and he without delay p. 44. l. 33. r. extraordinary p. 52. l. 44. r. Combatants l. 46. r. Nor the strong p. 57. l. 2. r. beholding to Ireland p. 63. l. 3. r. fideli p. 69. l. 38. r. Carbry p. 73. l. 46. r. and tho' the Britton had p. 109 l. 23. r. by methods p. 111. l. 20. r. Lucy p. 117. l. 7. r. and the King by his Patent p. 121. l. 17. r. Custodium p. 129. l. 5. r. and wounded the Earl p. 153. l. 34. r. Athy p. 157. l. 34. r. Heir Male p. 183. l. 21. r. Xeesh p. 190. l. 15. r. from his Journey p. 200. l. 16. r. in the world p. 208. l. 16. r. Clogher p. 211. l. 39. r. blows p 213. l. 19 r. repostum l. 42. r. James p. 234. l. 8. r. sixteen hundred p. 260. l. 9. r. quieted p. 261. l. 1. r. Finin O Driscoll l. 37. r. at four p. 271. l 40. r. if they prove p. 321. l. 43. r. 1565. p. 324. l. 5. r. Alexander Oge p. 325. l. 3. r. by Affane p. 329. l. 13. r. offenders in Parliament p. 367. l. 43. r. Thomas Butler alias Becket p. 368. l. 18 r. combat p. 370. l. 8. r. at wars p. 399 l. 30 r. aspersions p. 417. l. 20. r. gap p. 418. l. 19. r. root p 420. l 8 r. at loose fight p. 421. l. 15. r. O Birnes p 422. l. 9. r. figary l. 31. r. he deposed p. 425. l. 30 r. Barret l. 44. r. hereupon p. 426. l. 32. r. disown'd a Truce I do hereby License a Book written by Mr. Richard Cox intituled HIBERNIA ANGLICANA or The Second Part of the History of Ireland to be Printed and Published Given at the Court at Whitehall the 18 th day of February 1689-90 Shrewsbury Let this Book intituled HIBERNIA ANGLICANA or The Second Part of the History of Ireland be Printed Nottingham Febr. 18. 1689-â—â— HIBERNIA ANGLICANA OR THE SECOND PART OF THE HISTORY OF IRELAND From the CONQUEST Thereof by the ENGLISH To this Present Time By the Author of the First Part. ΕΙΚΩΠΒΑΣΙΛΙΚΗ 61. Indeed that Sea of Blood which hath been cruelly and barbarously shed in Ireland is enough to drown any Man in eternal both Infamy and Misery whom God shall find the malicious Author or Instigator of its Effusion Earl of Clarendon against Cressy 71. Was not the Rebellion begun and carried on by the King's Roman Catholick Subjects Was there one Man but Catholicks that concurr'd in it And did they pretend any other Cause for it but Religion In the SAVOY Printed by Edward Jones for Joseph Watts at the Angel in St. Paul's Church-yard Matthew Gillyflower in Westminster-hall Charles Harper in Fleet-street and Samuel Crouch in Cornhill MDCXC TO THE KINGS Most Excellent MAJESTY GREAT SIR IT is noted by the Lord Bacon in the Life of the Wise and Victorious Prince King Henry the Seventh That it was his Custom to be First or Second in all his Warlike Exploits and that it was his Saying when he heard of Rebels That he desir'd but to see them What Your Majesty has lately published to the Two Houses of Parliament is of the same Spirit and Policy But This is not the only Parallel between Your Majesty and that Great King for He also came from Abroad yet with this Distinction that His Coming was only to assert his Particular Claim whereas the Coming of Your Majesty was of Vniversal Concern it being to free us all who were at the Brink of Idolatry and Bondage To whom then GREAT SIR should I Dedicate this Second Part of the History of Ireland but to Your Majesty who now Dedicates Your Self to the Redemption of Ireland and being thus far in Possession of the Subject I am already preparing to Record all Your Majesty's Glorious Atchievements and am in certain expectation of a greater Theme than ever that Kingdom could hitherto boast 'T is true Your Majesty hath herein the Power of Two Kings to Oppose but 't is no ill Symptom that by what you have already done the One of them has been constrained to send his Plate and the Other his Cannon to the Mint Nor ought we to think better of Irish Armies or Irish Courage than is thought by those who judge Both well paid for when but rewarded with Copper 'T is certain The Bulk of that Nation are already surfeited with the Stratagem of that Imaginary Coin they feel the Fruits of contending for a French Interest by the Slaughter Sickness and Defolation of the Year past so that 't is possible Humane Nature may at length be too hard for the Priest and the Politician too and that when by Your Majesty's Presence they behold their Ruin at hand they may give more Exercise to Your Mercy than to Your Sword It was truly observed by Your Majesty in Your late Gracious Speech That in the speedy Recovery of Ireland the Place and Honor of England did consist and that hereby alone Taxes could cease So that as Your Majesty is now willing to expose Your Person for those Great Ends 't is not to be feared but the Nation will second Your Majesty with such Royal Supplies as may make it a short and not a lingring Work for not only in This but
Boyle Esq Countess of Barrymore Lady Digby Lady Goring Countess of Kildare Lady Ranelagh Lady Loftus Countess of Warwick Posterity he had to leave his Estate unto who enjoyed it until their Interests were buried under the sad Ruins that now cover that poor Country By some of whom or some other proper to preserve the Memory of so worthy and useful a Person I hope he may be afforded as he deserved a History by Himself and therefore I shall say no more of him here These Lords Justices surrendred the Swor'd toâ— the Earl of Strafford who being well known to the World to be a Man of whom a Prince might rather be afraid than ashamed I shall only add this of him That he very much improved Ireland both in Revenue and Value during his Government and that he did heartily dedesign the Advancement of the English Interest and Religâ—on in that Kingdom does sufficiently appear to me by the Care he took of the Protestant Church which for the most part he supplied with a Learned Pâ—ous and Orthodox Clergy and by the Malice and Hatred the Irish generally â—ore him As for the Lord Dillon afterwards Earl of Roscomon and Sir Christopher Wandesford we need say no more but that they were Loyal Men true to their King and â—ust to their Friend the Earl of Strafford by whose Directions and Sentiments they Govern'd the Kingdom The next that had the Title tho' not the actual Possession of the Government was the Noble Earl of Leicester and happy had it been for that Kingdom if he had gone over in time For altho' the Lords Justices Persons and Burlace were very worthy Men and did not deserve such Reproaches as the Irish aspersed them with yet the Government is not so strong nor so vigorous in Two Hands as in One especially unless they can be perfectly of One Mind in every Thing which these Two were not And so we are come to the Vespers of a Bloody Scene being that of a great Rebellion And as it was Unnatural in many Regards so particularly in this That altho' the Queen was a Roman Catholick and very zealous in Her Way and partially indulgent to all that were of It the Irish could even then be Disloyal and afflict Her Indulgent Husband while He was otherwise distrest But as Her Popery had no manner of Effect at a Time when there was some Reason or Motive that it might have done Good so in most other Cases it proved very detrimental and weâ— pray leave to trace it to the Original since it deserves some particular Remark France was hardly Match enough for Spain when King James meditated a Spanish Wife for His most excellent Son And the more formidable this Power then appeared unto Him the more intent He was on it being governed by Fear and too obsequiously humour'd therein by His next Governor the Duke of Buckingham His Favourite The First Instance of Spanish Authority in our Court may be that of Gondamour their Embassador who was able to bring Sir Walter Raleigh to the Block Surely it was a Case of the First Impression that a Man should suffer for acting by the Commission of his own Prince But because this was so incongruous and harsh they rake into an old Fault which in the Opinion of all Men was extinguish'd by his new Commission For who was ever made a General and intrusted with the Lives of other Men who was not understood at the same time to be Master of his own But the Second and more unfortunate Step was what we noted in His Treaty and Designation of a Lady of a different Religion for the Prince He had not done this in His own Case and there wanted in all Europe an Instance where any Roman Catholick Sovereign admitted of a Protestant for His Consort In this I reckon the Partition-wall was undermined and it was a Day of unhappy Counsel to the Prosperity of England But the Case having been decided by the Father and the same Favourite succeeding to the Son 't is probable the main Question never came so much as in Debate For King Charles coming then to the Crown and having resented the ill Treatment he found in Spain he presently took in with the alternate Power and Married a Daughter of France This was a Lady who had Wit and Beauty and the King being a Man of strict Vertue proved an indulgent Husband But He was often troubled with Her busie and intriguing Temper and the ill Company She brought with Her from France so that being at length scandalized at their Insolence and their tampering in Matters of Religion he dismist them into their own Country and War thereupon immediately ensued with the French King However thus it came to pass that Popery got Footing in our Court and tho' it were bounded and chained down by Articles yet when those who were to obey thought it Merit to transgress 't is possible this Serpent might creep sometimes out of its Circle and give occasion to Censures that were just Yet was it a Work of Time and there needed many other angry Conjunctures in Government before the Discontented could venture as afterwards to asperse and involve the whole Court in the Calumnies of Popery And as the World hath since had leisure to see why these Outcries were extended and what Ruins were thereby brought about so have they been convinc'd that most of those who were blasted in that Contagion have stood firm Pillars of the Church and above all the King Himself who died an insuperable Martyr for it However as to the Queen whether it were by Fatality or a mistaken Zeal surely the Event hath shewn that all Her intermedling in Affairs did but afflict the Cause of that Pious King Her restless Mind was like the Worm in the Gourd which tho' much restrain'd while He was alive yet since hath it eaten to the Root in a fatal perverting of His Offspring and laying the Foundations of their present Calamity But my Province being limited to Things of Ireland I shall only from the Topick which is touch'd observe That the greatest Obstacle and Contradictions that arose in Reclaiming the Irish and bringing them or the Forces that fought against them to His Majesty's Assistance was by those Two Emissaries that Her Majesty employed Sir Kenelm Digby in 1644. to Rome and the Earl of Glamorgan in 1645. into Ireland For both of these moving in different Measures from the Marquis of Ormond who was Lord Lieuteuant he was infinitely perplex'd thereby in his Treaty with the Irish they still pressing for more than he had either Instructions or Inclinations to allow them And when at last he compass'd a Treaty with them in 1646. it was presently broken and shamefully overthrown as in the following Story will be manifest The Truth is they needed but little Countenance of pretended Authority when the Fundamental Doctrines of their Church or at least the Documents of their Clergy led them from the Beginning unto all
this Contention was drown'd in 1618. upon which his Lady brought her young Son over from Ireland whither he had been carried at the Age of Three years and now he was about Nine She put him to a Private School under a Roman Catholick but by Order of King James he was removed to the Archbishop of Canterbury's Doctor Abbot and by him he was wholly maintain'd for Five or Six years without any Pension from Court or possibility of Help from home where all was sequestred and deprest By him also was he first instructed in the Protestant Religion and in the Doctrine of the Church of England unto which he stuck fast to his Death In 1628. his Grace was at Portsmouth to take Share in the Expedition then preparing for the Relief of Rochel but the sudden Death of the Duke of Buckingham put him upon other Measures for in a while after he married the Lady Elizabeth Preston which ended and reconciled the long Contentions of the Family This Lady was by the Marriage aforementioned the only Child of the said Earl of Desmond who being also lately drown'd she fell in Wardship to King Charles the First and His Majesty bestowed the Wardship upon the Earl of Holland then Lord Chamberlain She was intended for a Nephew of the Duke of Buckingham's which drew him into that Partiality and his Grace was in particular forbid by His Majesty to pretend unto His Ward However the young Lady saw none in the whole Court who either for Beauty or for Parts could outshine her Kinsman And Both being agreed he was forced to pay down Fifteen thousand Pounds to the said Earl of Holland for her Wardship These were all the Favours that either he or his Family could then meet with in the Court of England So hastning with his Lady to Acton near Bristol and there staying about a Year with his Uncle Sir Robert Poyntz he went for Ireland at the end of 1630. soon after which as the Manner there was he purchas'd a Troop of Horse in the Standing Army The Lord Wentworth afterwards Earl of Strafford went over Lord Deputy in 1633. In a while after he call'd a Parliament which being appointed to meet within the Castle of Dublin a Proclamation issued That none of the Members either Peers or Commons should enter with their Swords All obey'd the Order save this young Lord who told the Black Rod at the Door He should have no Sword of his except in his Guts So being the only Peer who sat that day in defiance of the Proclamation it fired the Lord Deputy as not wâ—nt to be disobey'd His Grace was call'd upon in the Evening to answer for it who thereupon shew'd His Majesty's Writ calling him to Parliament Cinctus cum gladio which sort of Answer being not expected and finding him like to prove an untractable Companion it was in deliberation that Night between the Lord Deputy and his Two-Friends Sir George Ratcliff and Mr. Wandesford Whether to trample him quite under foot or to oblige so daring a young Man who was now also grown very Popular But Sir George being for the more benign Extreme he was taken into Favour caress'd and made one of the Privy Council No Opportunities were from that time forward omitted to oblige him or set him forth in a high Character to His Majesty So that in the Year 1639 the Lord Lieutenant made him Lieutenant General of the Horse in the Army which was then newly rais'd but as soon disbanded Upon the neck of this the Earl of Strafford fell into those Troubles which in May 1640. hurried him to the Scaffold But the Earl having heard with what vigour his Grace contended to oppose and overthrow these Accusations which came against him from the Parliament of Ireland as it was the last Request this Earl made to His Majesty That he would be pleas'd to bestow his Blue Garter upon his Grace so in June following his Grace had notice of His Majesty's Gracious Intentions to confer it accordingly The Earl of Leicester was at this time appointed to be Lord Lieutenant of Ireland tho' by some Accidents he never went over It was on the 23d of October 1641. that the Rebellion broke out the News whereof being brought to His Majesty then in Scotland His Majesty does by Letter to his Grace from Edinborough of the 31th of the same Month lament that Calamity and desires and presses his Grace to take on him to be Lieutenant General of the Army This was in effect by Necessity thrown on him even before that Command cameâ— but in May 1642. it came to him in Form by Commission from the Earl of Leicester as General In August after His Majesty being at Nottingham where He set up His Standard sent his Grace a Patent for the Honor of Marquis and in September following His Majesty by the Advice and Consent of the Lords Justices appointed him to â—old the said Command of Lieutenant General immediately from Himself by Patent under the Broad Seal It was by these Steps that his Grace came suddenly to be embark'd in a Course of Life to which he was utterly a Stranger He had not had the Means for Travel or ever seen War either abroad or at home He was made a General before he was a Soldier His very first Essay was to oppose a bloody Rebellion then newly broke out And how far he was able by a vigorous Body and the vivacity of his Parts and a boundless Zeal for the Crown to discharge and sustain that Trust or how he bore up in all those Vicissitudes of Exaltation and Banishment of Plenty and of Want of Dignity and Depression which did in the Course of about Fifty Years after so often befal him may prove Matter for a larger Place The last who manag'd the Sword of State was the Marquis of Clanrickard who was also an English Peer and Earl of St. Albans He was the First Roman Catholick that had been entrusted with the Chief Government since the Reformation But the Irish were come to that pass as not to endure a Protestant to be over them and so this brave Gentleman was deputed by the Marquis of Ormond to take his Place And tho' his Religion was pleasing to the Irish yet the King's Authority wherewith he was clothed was by no means acceptable to them that design'd to shake off the Yoke of England and therefore they proved as troublesom and refractary to him as they had been before to the Lord Lieutenant So that after Two Years vexatious Agitation amongst them and after he had in vain tried all ways to support the sinking State he laid down Arms and had Liberty to retire into England where he died He was a Person of sound Understanding and unblemish'd Loyalty and did from the beginning abhor their Courses towards the English And altho' the Nuncio and the Clergy made frequent Trials to seduce him from his Integrity yet being evermore fixt in his Principles he resisted all
what little jealousie he had of it was seasonably imparted to the Lords Justices by the Letter mentioned Page 65. as his surprize at that unexpected Rebellion is expressed in his Letter to the Earl of Ormond recited Appendix 49. The next thing in Dispute The Sixth Question is The Number of those that were Massacred which Sir William Petty computes not to exceed 37000 Not the twentieth part of what is reported says the Earl of Castlehaven not exceeding some hundreds says P. W. not above 400 says the Author of the Settlement and Sale of Ireland not above 4000 says R. S. in his Collection of Murders To which I answer That by Depositions upon Oath it does appear that many thousands of British were murdered and many more came to untimely Deaths by the Cruelty of the Irish and this is an undeniable way of Arguing That all the British that did not escape did perish by that Rebellion and though the Difficulty still remains to ascertain the number of those that escaped yet it is certain they could not be half of what were in the Kingdom because the Towns that were left for their Refuge were not capable to Receive or Entertain so great a number and even those that did escape to Towns did perish in heaps by reason of the ill usage they had received from the Irish And indeed Sir W. Petty does allow this method of Calculation but his mistake is occasioned by leaving out an Item that I conceive should have been added and that is the number of those born in Ireland and transported thither out of England and Scotland during the interval between 1641. and 1652. for his Compution runs thus British in Ireland anno 1641. 266550 British alive anno 1652. 150000 Ergo there perished in the War but 116550 Whereof one Third in the first Year of the Rebellion and the rest from thenceforward But he should have added That in those ten Years from 1641. to 1652. there were born in Ireland and there came thither out of England and Scotland in all about 300000 Souls and he should have added a proportion of that number to the other and then he had been near the Computation which other Judicious Men have made in that matter But others well knowing that the greatest part of the British that were in Ireland did really perish in the first year of that Rebellion do deny that there was any such Number there as is pretended to have been Massacred and one of them is so vain to say That the Irish were a hundred to one But whoever considers that the British Plantations in Munster had been setled forty years before and that of Vlster almost thirty years that half the Kingdom was the Propriety of Protestants that there were no less than 100000 Scots as the Earl of Strafford affirmed upon his Tryal that the Earl of Cork alone had above 10000 Protestant Souls upon his Estate that all the Officers of State War and Justice and most of the Mechanicks were British will find no Grounds for that Objection However I will not pretend to determine the Number but this I will say That it was great enough to draw the Curse of God and the Revenge of Man upon the infamous Authors of that Massacre as it afterwards did The next Objection is The Seventh Question That the Rebellion was not General but was begun by a few desperate Persons in the North and therefore the Popish Members of Parliament did readily agree to a Protestation against it Review 31. in a Session of Parliament on the 16th of November Quidam nobiles in Vltonia conspirant says Mr. Beling Page 2. To which I answer That the beginning of all Rebellions is by a few or at least there do but few appear in them at first but never any Rebellion in the world increased faster or became more General than this whereby it is manifest that the Design and Conspiracy was Universal and so Rory Macguire told his Brother-in-Law Colonel Awdly Mervin on the 27th of October That all Ireland was by that time in their hands and those that are Ingenious of that Party do confess it to be so P. W. Pref. to Remonstrance 12. their own Procurator P. W. does acknowledge That it was an Vniversal Rebellion and that all the Irish Papists a very few excepted P. W. Letters 54. that it was the National Sin of the whole Catholick Party by Participation were concerned in it O Reylye's Wife said The Lords of the Pale were the Ringleaders and Colonel Planket affirmed That all the Popish Lords had contracted before-hand and Patrick O Bryan testified the same upon Oath and named the Lord of Gormanstown particularly The Lord Macguire confessed That those of the Pale were privy to the Plotting of the Rebellion and Macmahon declared That all the Popish Lords and Gentlemen in Ireland were Engaged in the Plot and that twenty out of every County were to be detached for the Surprize of the Castle of Dublin There was not one County shall I say a Catholici intra Dublinium numero hereticis superiores paratissimi erant ad Vrbis deditionem concurrere vindiciae eversae 91. Temple 46. City in the Kingdom exempt from the Rebellion and in the Province of Vlster only there were 30000 Irish-men in the Rebellion by the 5th of November and I must do Father Ponce the Right to acknowledge That he is more just than to shelter his Party under this pitiful and false Subterfuge and therefore he frankly confesseth That they were all in the b Faedus initur ab omnibus vindiciae eversae 6. Conspiracy and that not the Great Men only but the c Non proceres modo sea eujusâ—bet conditionis per universum Râ—gnâ—m Cathoâ—â—â— Catholicks of all Conditions throughout the whole Kingdom were concerned And certainly it is Incumbent upon these Advocates to shew that those whom they would clear from this Rebellion did publish any Protest or Manifesto against it or d As the Marquis of Clanâ—ickard and some few others did fight against the Rebels or assist the Assaulted English but on the contrary it is manifest by the Decrees of the Assembly That they would suffer no Neuters amongst them But what need any more to be said than that a few could not have perpetrated the Murders and Robberies they have committed The Irish were not so stout nor the British so tame to be served so by a few It appears by Dr. Jones his Examination that the Conspirators at Multifernam computed their Number to be 200000 Men and the Event shewed they had no less but I will close all with the Expression of the Congregation at Kilkenny in May 1642. viz. There is the Vnanimous Consent and Agreement of almost the whole Kingdom in this War and Vnion And the saying of the King to the Protestant Agents at Oxford Anno 1644. when they offered to prove that it was a General Conspiracy and Rebellion
slew more than they lost should yet tamely resign upon the first approach of the Army and surrender their City to the Mercy of an incensed General without making Conditions for their own Indemnity However thus they did and relied only upon a very slight Stratagem to preserve themselves which was that at the Lord Deputy's Entry into the City they placed Plow-shares on each side of the Street intimating thereby that the Oppression of the Soldiers had occasioned so many Plows to lie idle and them to mutiny But the Lord Deputy took little notice of that silly Contrivance however he was resolv'd in his Mind to extend Mercy to the Generality and to make Examples of some few only of the Ringleaders of this Rebellion Oâ— this Number was the Recorder William Miagh who was the Chief Incendiary and Christopher Morough the Lieutenant that seised on the Stores and one Owen a Schoolmaster that had publish'd and preach'd up the Title of the Infanta and William Buler a bigotted Broguemaker that had been exceeding malicious and active in this Sedition These last Three having no Freehold were probably tried by Martial Law condemned and executed But the Recorder had better Luck for he was some time afterwards tried by a Jury of the County of Cork consisting altogether of Irish Papists who against full and undeniable Evidence and his own Confession acquitted him Whereupon the Foreman was fined Two hundred Pounds and the rest One hundred Pounds apiece and Master Miagh being set at Liberty became a Pensioner to the King of Spain and died at Naples But the Lord Deputy having put good Garisons into Cork and Waterford and forced the Inhabitants of each Place to take the Oath of Allegiance and to abjure Foreign Dependencies marched to Limerick and did the like there And on the Twentieth of May the Deputy came to Cashell and there he understood that a certain Priest had bound a Protestant Goldsmith of that City to a Tree threatning to burn him and his Heretical Books and that he did really burn some of the Books and kept the Man in that miserable condition for Six hours together expecting every Minute when Fire should be set to the â—aggots But it is probable the Priest made his Escape because I find nothing of his Punishment From Cashell the Lord Deputy by easie Journies return'd to Dublin and sent his Secretary Mr. Cook to give the King an Account of his Proceedings and gave him a Charge to solicit His Majesty that the Lord Deputy might keep his Place with Two thirds of the Allowance and that he might have leave to wait on the King in England leaving the Government and the other Third of the Allowance with Sir George Cary during his Absence And the better to quiet the People and to oblige them to Loyalty if possible and to induce them to an industrious and regular way of living Temple 11. the Lord Deputy issued a Proclamation of General Indemnity and Oblivion and restored every body not attainted to their former Possessions and prohibited Private Actions for Trespasses committed in the War-time and then being made Lord Lieutenant of Ireland and a Privy Counsellor in England he sailed thither with the King's leave and carried with him the Earl of Tyrone and Rory O Donell Competitor with Neal Gâ—ruff who were not only well received at Court but also highly honoured and respected and Rory O Donel was created Earl of Tyrconel and had a considerable Estate in that Territory granted to him And about the same time the King granted to Sir Randal Mac Donald the Territory of the Rout in the County of Antrim Lib. M. saving Three parts of the Fishing of the River Ban and by these Concessions and Favours which the Irish commonly interpret to be granted to them more for Fear than for Love the Earl of Tyrone Lib. C. and all the principal Irishmen except the Earl of Thomond were encourag'd to petition the King for Toleration of the Popish Religion But the King thought it enough that the Penal Laws against that Religion were not put in execution but rather were in effect suspended by a Connivance that differed little from a Toleration and finding he had to do with a People that never missed any thing for want of asking but were apt to take the Ell if he gave the Inch he became the more reserved in his Concessions to the Irish from thenceforward And altho the King and his Ministers did all he could to bring Ireland into a Method of Government and to reduce the Publick Charge that it might hold some proportion with the Revenue yet because it was not reasonable to disband the Army till the Kingdom was better setled they could not bring the Charge for the Year 1603. lower than 163315 l. 18 s. 3 ¼ d. And that the World may see that the Irish Rebels have justly forfeited those Estates that have been at any time seised by the Crown of England and that it cost England infinitely more Money to reduce them than their Lands were worth to be purchas'd and that the Protestants of Ireland may be sensible of their Obligations to England for its liberal Contributions for their Preservation I must add That the Charge of the War for Four years and a half from the First of October 1598. to the First of April 1603. amounted to Eleven hundred ninety eight thousand seven hundred and seventeen Pounds nineteen Shillings and a Penny Sir GEORGE CARY Treasurer at Wars was sworn Lord Deputy on the First day of June and had but one third of the Deputies allowance 1603. the other two thirds being appointed for the Lord Lieutenant Mountjoy in liew of which this Deputy kept his place of Treasurer at Wars he appointed the first Sheriffs that ever were in Tyrone or Tyrconnel and this very Year he sent Sir Edward Pelhan and Sir John Davis Judges of Assize to those Counties Davis 264. and they were welcome to the Commons but distasteful to the Irish Lords But it seems Neal Garuff was highly dissatisfied with the Conduct of the English in preferring Rory O Donell before him to the Earldom of Tyrconnel Sullivan 201. and therefore Mr. Sullivan introduces that barbarous Hero into the Parliament House and says he spoke boldly and roundly to the Senate and tells us That tho he was offered to be confirmed in his former Possessions and dignâ—fied with the Title of Baron yet he disdained those mean Proposals and Couragiously upbraided the English Nation with Dishonesty and Perfidiousness and says it was he and not they that subdued the Catholicks and curses himself for giving Assistance to the English or trusting to their Promises and he says further That the King of England to obtain Peace from the Spaniard did dissemble his Religion and pretend to be a Papist But this Catholick Author is of no Credit and it is enough to discover the Forgery of this ostentatious Story that there was not really any
House of Commons consisted of Two hundred thirty two Members whereof about Six were absent so that of sitting Members One hundred twenty five were Protestants and 〈◊〉 were Pâ—pists But the List of the Commons being called over by the Clerk of the Crown No others but such as were return'd as aforesaid were suffered to enter the House of Lords to hear the Lord Chancellors Speech but that being ended the Commons were ordered to their own House to chuse a Speaker whom they were to Present to the Lord Deputy the Friday following and the Lord Deputy told them that the King had recommended a Speaker to them one his Lordship thought beyond exception and should be named to them by some of the Privy Council when they should come to their House And accordingly the House being sate Sir Thomas Ridgway Vice-Treasurer and Treasurer at Wars made a storid Speech and in the end proposed Sir John Davis for their Speaker and that he was the Man the King and Deputy thought fittest for that Office which was answered with a great Acclamation of Consent Hereupon Sir James Gough stept out disorderly into the midst of the House and offered to make a Speech there but being ordered by the House to go back to his place and speak there he did so and then stragling from the Matter in question which was the Choice of a Speaker he alledged that the new Corporations had no Right to chuse nor could any Body not resident or inhabiting in any Corporation be chosen Citizen or Burgess of it and therefore desir'd that Matter might be examined but concluded nothing as to the Speaker till being demanded for whom he gave his Voice He answered for Sir John Everard late one of the Judges of the Kings-Bench but being an obstinate Recusant was by his Majesties special Orders removed Gough was seconded by Sir Christopher Nugent and William Talbot late Recorder of Dublin who moved to the same Effect that the House should he first purged of illegal Members before they proceeded to the Choice of a Speaker Sir Oliver Saint John Master of the Ordnance reply'd That he knew by experience in sundry Parliaments in England that the Course and Usage was first to chuse a Speaker and then to settle Committees and examine Elections and that in their proper Season all Disputes about Elections or returns should be decided according to 〈◊〉 and to the Satisfaction of all good Men and concluded in 〈◊〉 of Davis and gave his Vote for him Hereupon the House was in a confusion Some crying Davis others 〈◊〉 but this noise being over Sir Oliver Saint John said It was the Usage of Parliament to decide Controversies by Questions and Questions by Votes that the Affirmative party usually 〈◊〉 out of the House and the Negative staid behind and so he 〈…〉 were for Sir John Davis to follow him out 〈…〉 to the number of One hundred twenty five The Treasurer and Marshal 〈…〉 Sir Christopher 〈◊〉 and Sir Christopher Nugent to joyn with them in numbering each Party on the contrary those in the House gathered themselves into a 〈◊〉 that so they could 〈…〉 however the whole number of the House 〈…〉 Two hundred thirty two where of Six were absent it was manifest that Sir John Davis had the Major Vote the Papists knowing this thourght to gain their point by a Trick and therefore whilst the Protestants were numbering without the Papists within that the Door and pretending themselves because Actually fitting in the House to be the House of 〈◊〉 they unanimously chose 〈◊〉 and 〈…〉 The Protestants being return'd 〈…〉 contemptuous Proceeding and declar'd the Election of Davis and desir'd 〈◊〉 to leave the Chair but 〈…〉 still and thereupon Sir Oliver Saint John told him that if he would not come out they should be oblig'd to pull him out and accordingly the Treasurer and Marshal did take Davis and fet him in the Chair on Everand's Lap but Everard continued obstinate and therefore the Treasurer Master of Ordnance and others did gently remove him and did place Davis in the Chair altho Sir Daniel O Brian and Sir William Bank endeavored to keep him in Hereupon all the Papists departed the House into an outward Room for the outer Door was shut by Orders of the House on their first sitting and Sir John Bleverhasset and Sergeant Beer being sent to them to desire their return to the House were answered that they would not return but would appeal to the Lord Deputy then Mr. Treasurer and Sir Henry Power went to them again and Mr. Talbot in the Name of the rest told them That those within the House were No House nor their Speaker No Speaker but that They were the House and Sir John Everard their Speaker and they would complain to the Lord Deputy and the King After this Sir John Davis began his Speech to excuse himself c. but Sir William 〈◊〉 and Sir Christopher Nugent interrupted him and rudely rushed in to call for the Keys of the outer Door and being ordered to take their Places they refused and contempruously went out again and the outer Door being opened all the Papists went out and protested they would return to the House no more On Friday after the House sat to the number of 130 whereof 14 Privy Counsellors and the Lord-Deputy sent for Mr. Marshal and the Master of the Ordnance and told them That William Talbot had been with his Lordship and receiv'd Commands that the Papists should return to the House and that Talbot had desir'd an hours time to return an Answer and that his Lordship had given time till Three in the Afternoon and therefore desir'd that the Commons would send their Sergeant at Arms to summon the Recusants to be at the House at that time but the House refused to send their Sergeant at Arms because the Recusants had appeal'd to the Deputy so they rose and met again at Three a Clock but no Papists came near them and therefore they went by themselves to the Deputy and presented their Speaker and being ask'd whether they were the greater number of the House and unanimous in the Election They answered in the Affirmative so their Speaker having made the usual Speech was approved of and then he made an excellent Discourse about Parliaments in general and This in particular and then the Commons went to their own House and adjourned to the next day In the mean time on the 19th of May the Popish Lords wrote a Letter to the King full of Complaints of the strange and preposterous Proceedings as they term'd it about the Speaker they express'd their Passions with moving Epithits stiling their Sedition Pins dolor and Justa-Iracundia they did not vouchsafe to give the Parliament that Name but called that Assembly An intended Action they also called the New Burroughs Titulâ— sine re and sigmenta sine rebus nor did they spare to reffect on the Persons of some of the new Burgesses of the new Corporations and
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
stupendious Revolution was That General Preston and his Army being mostly of the Pale and in whom English Blood and Honor should have had more prevalence than to suffer them to be guilty of so manifest and perfidious Violation of a Peace so lately made with their own King should be persuaded to joyn with Owen Roe and the Ulster Irish in so ill a Cause and even against his Interest and yet it is certain that they were tainted so early that tho' Owen Roe march'd through their Quarters to intercept Ormond yet none of them sent him the least notice and when the Marquis sent to Preston to come to him to consult about those Affairs Preston excused it with a Pretence of Sickness Nevertheless the Nuncio would not trust him until he had tied him by an Engagement to oblige his Honor and an Oath to bind his Conscience both which are recited Appendix 32. And upon the noise of Preston's Defection the Lord Lieutenant sent him an Expostulatory Letter to which he return'd the following Canting Answer May it please your Excellency IN Answer to Yours of the Eighth of this Instant I return That finding the Peace that was Concluded and Published destructive to my Religion and Liberty of the Nation to the Maintenance of which together with His Majesty's Just Prerogatives I had formerly sworn and associated my self I called together my Regiments and issued new Commissions for reinforcing of my Army my Intention being therein no other tha◠complying with my former Resolution and Engagement which I desire may be accorded with Assurance whereby we may be the better enabled to comply with His Majesty's Necessities in serving Him Which is the only Ambition of My Lord Your Lordships most humble Servant T. PRESTON Kilka 10 October 1646. But let us return to the Nuncio who by the Artifice and Industry of the Popish Clergy was become the Generalissimo of Two Armies which being united made up 16000 Foot and 1600 Horse with which he marched towards Dublin and was so confident to take it by a General Assault at his first Approach and express'd it with such Arguments of Probability that it was generally believ'd in his Camp so that Colonel Fitz-Williams pretending Kindness to Ormond did by his Letter of the 22th of September give him notice of the Danger and advis'd him to prevent it by confirming Glamorgan's Concessions and concludes That then Preston will live and die for His Majesty And to this Advertisement the Marquis on the 26th of September return'd the following Answer SIR IF I could have assured the Clergy my Lord of Glamorgan's Conditions I had not retired hither they are Things I have nothing to do with nor will have If they be valid in themselves they need no Corroboration if invalid I have no Power to give them Strength I cannot believe General Preston so regardless of his Honor as to appear in a way of Hostility before Dublin which were in the highest degree to violate the Loyalty he professeth the many Assurances given me by himself and in his behalf by others and above all the Honor of his Profession But if all that can be called Faith between King and Subject and betwixt Man and Man shall be so infamously laid aside together with all hope of Reconciliation Nature will teach us to make the best Resistance we can and God the sure Punisher of Treachery and Disloyalty at last will bless our Endeavors with Success or our Sufferings with Patience and Honor. Your Servant ORMOND But we must leave this mighty Army on their March and visit the Marquis of Ormond who was so enraged at this unexcusable Perfidy of the Confederates that he resolved to think no more of Treating with them but on the contrary prepared for the utmost Resistance And he was likewise very much confirmed in those Resolutions by the Opinion of the Lord Digby whom he had left Resident at Kilkenny and who in his Letter of the 24th of September hath this Passage My Lord there is no dealing with this People but by Force You see by the short Letter how they forge large Offers and improve others for their Ends. Hereupon Resolutions were unanimously taken in Council to Address to the Parliamet for Succors as shall be hereafter related at large in its proper place And the Lord Lieutenant and Council did write to the King ☞ That the Irish having perfidiously violated the Peace had begun a new War to wrest the Kingdom from His Majesty and transfer it to the King of Spain or the Pope to avoid which they were forced to apply themselves to the Parliament And the same day they wrote to the Lord Mayor and City of London for Assistance and assur'd them that the City Debts seiz'd in the beginning of the War were but borrow'd in extremity and that an exact Account are kept of them and they will be justly repaid by the King in due time And hereupon the Captain of the Parliaments Ship that carried the Commissioners over furnish'd the Lord Lieutenant with Thirty Barrels of Powder There was nothing more could be done for the Preservation of Dublin but to invite the Parliament Forces of Ulster to its Assistance which was not neglected and many of them were passionately inclin'd to the Service as knowing that the whole Kingdom would suffer very much in the Loss of that City But the Chief Commanders and the Parliament Commissioners would not consent unless Tredagh might be put into their Hands To which Ormond replied That he was in Treaty with the Parliament and therefore could not part with Tredagh till that were finished but desires them to reinforce his Garisons or divert the Common Enemy by taking the Field However the Irish were afraid of this Conjunction and therefore Owen Roe from Athy on the Ninth of October invited the Lord Lieutenant thither to treat with the Nuncio but Ormond knew there was no good Musick to be made upon that String and therefore the next day from Trim he return'd an Expostulation Why they were in Arms and desired them to restore Athlone and Athy To which Owen Roe replied the same day from Kilka That those Garisons are in surer Hands for the King now than they were in before whilst they were kept by Men inclined to the Parliament But tho this Irish General was so high being the Favorite of the Nuncio and his Party yet General Preston was not so but foreseeing the Fate and Scandal of the perfidious Breach of the Peace both he and his Army were somewhat cold in the Affair Besides this there was a National Emulation between the Two Armies O Neal's being Old Irish as the others was of the Old English and this was increas'd by the Insolence of the former and the Envy of the latter For Owen Roe and his Party who had been lately Victorious at Bemburb and had never submitted to the Peace because the Nuucio did reject it thought themselves justly entitled to the Reputation of
Peck full of Charms some of which had it thus written upon them This is the print of our Lady's Foot and whoever wears it and says twenty Ave Maries shall be free from Gun-shot And the like Charms were to free them from Pike or Sword as the party desired it And lastly that a bold Horse of the Lord Broghill's being ' twice wounded in this Battle became afterwards so cowardly that he was fit for nothing but the Coach But 't is time to return to Ireton who signified his Joy at this Victory by three Vollies of Shot throughout his Camp Nevertheless he found no likelihood of taking the City but on the contrary received many brisk Sallies from them in one of which they slew three hundred of his Men so that probably he had gone without it for that Year if the Town 's Men who had been always mutinous had not continued in the same humour still and pressed for a Parly Whereupon the Clergy threatned to Excommunicate them if they offered to Treat with the Enemy which in effect was they said To give up the Prelates to be slaughtered And they did actually fix a perpetual Interdict upon the Church-doors and other publique places but alass those Fulminations had been too loosely and impertinently used to retain any vertue now in time of need So that without any regard to them Colonel Fennell seized on St. John's Gate and the Mayor supplied him with Powder and countenanced him in the resolution to give up that Post to the Enemy unless the Garrison would consent to Capitulate In fine they did on the 29th day of October surrender that strong and important City upon severe Articles wherein the Governour the Bishop of Limerick and twelve more were excepted by Name as to Life and some of them particularly the Bishop of Emly and Alderman Dominick Fanning were executed it was computed that they lost 5000 People in the City during the Siege mostly by the Plague and other Sickness nevertheless after the surrender there marched out 1300 Souldiers and there still remained in the City 4000 Irish-men able to bear Arms. Limerick being thus taken and Sir Hardress Waller being made Governour of the City Ireton on the Fourth of November march'd towards Galway and being joyn'd with Sir Charles Coot they took Clare from whence Ireton sent a Message to the Town of Galway offering them good Conditions if they submit without putting him to farther trouble and severely threatning them if they refused the proffered Articles and it is probable these Comminations might have made impressions upon them if Ireton's Death which hapned at Limerick on the Twenty-sixth of November had not given them respite But it must not be forgotten that during the Siege of Limerick Sir Charles Coot encountered a Party of Fitz-Patrick's and O Dwir's Forces that had retaken Meleke Island and tho' they behav'd themselves so well that they bafled his Foot two or three times yet by the bravery of his Horse he worsted them at last and killed and drowned 300 of them and made the same Number accept of Quarter for Life But Ireton being dead the Parliament Commissioners at Dublin appointed Lieutenant-General Ludlow Commander in Chief of the Army until further Order should be taken in England in that matter And in the mean time Sir Charles Coot blockt up Galway at a distance and when Ludlow came to him they drew so near that the Assembly which sat there did in February importune the Lord Deputy to permit them to Treat with the Enemy about Conditions for the Settlement of the Nation protesting That they would insist upon advantagious and profitable Terms but the Lord-Deputy knowing it was more proper for him than for them to Treat for the Nation did on the Fourteenth of February write to the Commander in Chief of the Parliament's Forces upon that subject but he had no grateful Reply the English being resolv'd not to admit any Treaty for the Nation in general but those that would Capitulate should do it onely for themselves or the Towns and Places they respectively belong'd unto The Year 1652 began with the Surrender of Galway to Sir Charles Coot which happened on the Twelfth of May before any Storm or Assault was attempted and without consulting the Lord-Deputy tho' he was within half a days Journey of the place but indeed they had better Conditions than they could have had if the Parliaments Commissioners had been made acquainted with the matter and perhaps there was reason for it because the Town was exceeding strong and the loss thereof carried with it the Fate of Ireland and the determination of the Rebellion for what little Contests happened from henceforward do hardly deserve the Name of A Tory War Roscomon and James-Town were Surrendered to Col. Reynolds on the 27th of April and in Munster there was not a Garrison left them but Ross in the County of Kerry which being a Castle in an Island was thought impregnable but Ludlow caused a small Ship to be made and had it carried over the Mountains and set a float in the Lough at the sight of which the Irish were so astonish'd that they yielded up the place on the 27th of June and Inchylough was also surrendered to Col. Zanky on the first of August and about the same time the Lords of Westmeath and Muskry O Connor Roe Sir William Dungan Sir Francis Talbot and others submitted upon these Conditions ☞ That they should abide a Tryal for the Murders committed in the beginning of the Rebellion and those that onely assisted in the War were to forfeit two Thirds of their Estates and be Banished And tho' the Lord-Deputy did on the 16th of May take Ballishannon and the Castle of Donegal yet both those places together with Sligo and Ballymote were soon regain'd by Coot and Venables and the Lord-Deputy forc'd to shelter himself in the Isle of Carrick and having no part to friend nor any Party he could trust he also submitted upon very honourable Conditions Of not having any Oath imposed upon him and of having liberty to transport 3000 Men into the Service of any Prince in Amity with England And so on the 16th of March he was transported to England in a Parliament Ship and not long after died in London In the mean time Col. Charles Fleetwood who had married Ireton's Widdow was made Commander in chief of the Forces in Ireland he landed in the latter end of August and found the Military Service of the Kingdom in a manner finish'd so that what remain'd to manage were the Civil Affairs which were committed to him and the rest of the Commissioners of Parliament And they began their Administration of those Matters by Erecting a High Court of Justice to try those that were accus'd of the barbarous Murders committed in this Rebellion The first Court of this sort that was held in Ireland was upon the 4th of October at Kilkenny before Justice Donelan President and Commissary-General Reynolds
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
Antrim himself confesses to be a Trustee and therefore we may be sure the King wrote sincerely to him ORMOND THough I am sorry for this Occasion I have to send unto you which is the sudden and unexpected Rebellion of a great and considerable Part of Ireland yet I am glad to have so faithful and able a Servant as you are to whom I may freely and confidently write in so Important a Business This is therefore to desire you to accept that Charge over this which you lately had over the former Army the which though ye may have some Reason to excuse as not being so well acquainted with this Lord-Lieutenant as ye was with the last yet I am confident that my Desire and the Importance of the Business will easily overcome that Difficulty which laid aside for my sake I shall accept as a great renewed Testimony of that Affection which I know ye have to my Service So referring what I have else to say to Captain Weemes Relation I rest Edinb 31 Octob. 1641. Your most assured Friend CHARLES R. Lastly The Credential which Burk had was not until the 8th day of February 1641. And that the Reader may see the bottom of this Intrigue I have added it verbatim copied from the Original ORMOND BEing well satisfied of the Fidelity of this Bearer Mr. Burk I have thought fit not only to recommend him to you but also to tell you that I have commanded him to impart to you what I have not time to write which I think will much conduce to the reducing of the Rebels which I know none desires more than your self and so I rest Windsor Feb. 8 1641-42 Your most assured Friend CHARLES R. FINIS ERRATA In the Apparatus Page 2. in margine for tanquam read tantam p. 3. l 28. f. 1643. r. 1642. In the History PAge 12. line 50. for dead read ready p. 21. l. 51. dele of p. 28. l. 23. dele besides p. 29. l. 40. r. returned to p. 44. l. 32. r. May 1628. p. 60. l. 23. f. was r. were p. 66. l. 9. f. his r. this p. 72. l. 42. f. 64. r. 65. p. 73. l. 49. f. trot r. go p. 75. l. 51. f. December r. November p. 77. l. 45. f. their Religion likewise persecuted by the Parliament r. of the same Extraction with themselves p. 86. l. 30. f. October r. December p. 95. l. 46. f. he r. the. p. 98. l. 42. f. alias r. Mac. ibid. l. 39. dele also p. 115. l. 6. f. hundred r. thousand p. 130. l. 6. f. A r. the. ibid. l. 44. r. they will p. 139. l. 37. r. and relieve p. 148. l. 49. f. Jany r. Inny p. 156. f. on r. in p. 175. l. 52. dele the. p. 177. l. 16. f. fifteen r. five p. 192. l. 39. r. for p. 193. l. 20. r. 38. p. 196. l. 30. l. 〈…〉 dele part of the 15th and all the 16th 17th and 18th Lines The Reign of King Charles the Second PAge 3. in margine r. Temerarie p. 6. l. 49. f. Batalia r. Readiness p. 136. l. 51. for all r. good part of the. In the Appendix Page 165. l. 40. f. 1641. r. 1648. p. 209. l. 29. f. was r. were Books printed for and sold by Joseph Watts at the Angel in St. Paul's Church-Yard THE History of Ireland from the Conquest to the End of the Reign of Queen Elizabeth By Richard Cox Esquire the first Part. Folio Chardyn's Travels into Persia and the East-Indies Folio The Trial of the Lord Russel c. Folio Diary of the late Expedition of his Majesty into England Quarto Representation of the threatning Dangers Impending over Great Britain before the coming of their Majesties King William and Queen Mary Quarto Treatise of Monarchy in two Parts By Hunton Quarto Discourse of the Opposition of the Doctrine Worship and Practice of the Roman Church to the Nature Designs and Characters of the Christian Faith By Gilbert Lord Bishop of Salisbury Quarto The True Test of the Jesuits or the Spirit of that Society disloyal to God their King and Neighbour 4 o. Sure and Honest means for the Conversion of Hereticks Published by a Protestant 4 o. The present Settlement vindicated and the late Misgovernment proved In Answer to a seditious Letter from a pretended Loyal Member of the Church to a Relenting Abdicator with the said Letter Quarto Journals of the House of Commons in 1680 and 1681. Octavo Treatise of the Corruption of Scriptures Councils and Fathers By the Prelates and Pastors of the Church of Rome for the maintenance of Popery By Thomas James 8 o. The True Nature of the Divine Law Octavo A Discourse of the Nature Use and right managing the Baroscope or Quick-silver Weather-Glass With the true Equation of Natural Days for the better ordering Pendulum Clocks and Watches By John Smith Octavo Reform'd Devotions in Meditations Hymns and Petitions for every Day in the Week By Theophilus Dorrington Twelves An Earnest Invitation to the Sacrament of the Lord's Supper By Jos Glanvill The 7th Edition 12 o. The Mystery of Iniquity By Dr. Burnet Octavo Serious Reflections on Time and Eternity By John Shower 12 o. Expostulation with the Whigs in Scotland 4 o. The Earl of Rochester's Funeral Sermon 〈◊〉 Likewise Acts of Parliament Proclamations Declarations Orders of King and Council Speeches of the Kings c. in Parliament Pamphlets of all sorts Sermons on all Occasions Trials Narratives and Gazettes c. are sold by the said Joseph Watts A Table of the most Material Passages of this Book Note C 2. signifies that part of this History which contains the Reign of King Charles the Second A. Pag. ANalecta Hiberniae when published 33 Army encreased to 5000 Foot 500 Horse 41 and quartred upon the Country 42 and encreased to 8000 Foot and 1000 Horse more 51 but this Addition disbanded 71 Atherton Bp of Waterford executed 58 Adair Bishop of Killalla deprived and why 60 Athlone surpriz'd by Friar Dillon 170 Assembly General of the Irish sit 123 and make Orders 163 and declare against the Peace of 1646. 185 their Declaration previous to the Peace of 1648. 205 B. Baronets instituted 17 Bishops their Protestation against Toleration of Popery 43 Battel at Gelingston Bridg 82 in County of Wicklow 83 at Swords 87 of Kilrush 106 of Tymachoo 109 of Raconell ibid. of Ross 111 of Ballintober 114 of Rapho 115 of Killworth 129 of Castlelyons 158 of Bemburb 165 of Dunganhill 195 of Knocknanoss 197 of Rathmines C. 2. 7 on Wexford-strand 11 at Macrâ—ome 16 at Skirfolas 24 Knocknaclashy C. 2. 68 C. Cities of Munster rebel 4 5 and submit 7 8 have their Charters renewed 15 Cary Sir George Lord Deputy 9 Chichester Sir Arthur Lord Deputy 9 goes to England 25 and returns successfully 29 and is made Lord of Bellfast 33 Commissioners sent to inspect the Affairs of Ireland 36 their Computation mistaken 37 City of Cork made a distinct County 10 destroyed by Fire 39 Customs
of Keating in English with all the Art he could use to polish it will never pass for more than an Utopian Atchievement And Mr Flaherty's Ogigia must expect the same Fate though he has shewn a great deal of Learning and Industry in methodizing the Story and fitting a Table of Synchronism to it which with small Variation might serve as well for the History of the Seaven But those Tracts that have been written of later times have most of them another Fault they generally write true but not observing Chronology they jumble Times Persons and Things together and so confound the Story Sir James Ware was the first that mended this Error and is undoubtedly the best Author that has undertaken the Irish History but he has only the four Reigns of Henry VII Henry VIII Edward VI and Queen Mary Campion and the rest have but a Scrap here and there and that it self very imperfectly And Camden's Annals Fryer Clun's and others that were mostly collected by the Monks are very faulty and have no coherence Spencer's View of Ireland is very well and Sir John Davys his Discourse is better but both are Commentaries rather than Histories It must therefore follow That an Entire and Coherent History of Ireland must be very acceptable to the World and very useful to the People of England and the Refugees of Ireland especially at this Juncture when that Kingdom is to be re-conquered and perhaps Time may produce such a one But as no Body was born a Man but by degrees increased from his Childhood so you must not expect all the Perfection in the first Edition which Time and better Information may produce in a Second In the mean time this Collection will give you such a Scheam and Idea of the Irish Affairs as will be useful to you till you can get a better I will not pretend this Collection is free from Mistakes no wise Man will expect that for be that Copies after others as Collectors of Histories must do cannot always be sure he writes Truth Who is so Skilful says Cambden that strugling with Time in the foggy dark Sea of Antiquity may not run upon Rocks And whoever writes an Irish History must to make Coherence sometimes conjecturis venari as Sir James Ware says But I assure the Reader There is no wilful Prevarications herein and that if I discover any Mistakes at all I will at the End of the Book or by new Sheets which may be bound up with it publish the correction of such Mistakes as soon as conveniently may be And now perhaps the Reader expects I should bespeak his Favour But I am far from being solicitous about the Reception this Book will have in the World for either the Censurer could do it better and then â—e should have done so and not like a Dog in a Manger hinder others and do nothing himself or he could not do it better and then by censuring me he will but proclaim himself an envious Coxcomb for none but such will find Fault with that which they cannot mâ—nd In a Word the Censure of Fools or conceited 〈◊〉 can do me no Prejudice and the Wise and the Learned will be more Just and Ingenuous than to reward the great Pains I have taken in collecting and methodizing this perplexed History with any thing that is Censorious or unkind But how ungrateful soever the Reader may be to me I will nevertheless give him the best Help I can to understand the Irish History which he can never well do without penetrating into the true Causes of those innumerable Fewds Wars and Rebellions that have been in that Kingdom most of which I think were founded on those great Antipathies which were created by Difference in Nation Interest or Religion The Difference of Nation concerned the Irish on one side and the British on the other for the Scots though some of them were extracted from the Irish yet only such as sympathized with them in Language Manners Customs Religion and Interest were accounted Irish as Mac Donald Mac Connel c. and the rest who communicated with the English in those five Particulars are reckoned as such and justly comprehended under the Appellation of British As for the English they are undoubtedly a mixt Nation compounded of Britons Danes Saxons and Normans And some think the Irish are also a mingled People of Britons Gauls Spaniards and Easterlings and therefore called Scots i.e. an Heap And 't is certain they are at this Day a mixt People if it were for no other Reason but that there is hardly a Gentleman among them but has English Blood in his Veins However the Irish Antiquaries do Assert That the Irish are a pure and ancient Nation and they derive their Pedigree through the famous Milesius and by their Father Gathelus are descended from Feinsa Farsa and other great Emperors of Scithia and by their Mother Scota they were extracted from the mighty Kings of Egypt But the Jest of it is That since only two Sons of Milesius came into Ireland viz. Hiber and Herimon with about three thousand Soldiers if all the Irish are of the Race of Milesius it must follow That those two Sparks were Patres Patriae in a literal Sense and be got Children for the whole Army but however that be it is certain there were great Antipathies between the Irish and English Nations as usually there is between the Conquerors and the Conquered but by degrees the English grew so much in love with the Despotick Power of the Lords and the Licentiousness of the Commons that they insensibly degenerated not only into Irish Customs Habit and Manners but also assumed Irish Names as Burk Mac William Fitz-Stephens Mac Sliny Courcy Mac Patrick Hodnet Mac Shery Barry Mac Adam Birmingham Mac Pheoris and many others so that this Difference of Nation was on the old English Side designed to be buried in Oblivion But the Irish would not be so served for they considered the first Conquerors but as unjust Intruders into and usurpers of other Men's Estates and therefore they expected some favourable Opportunity one time or other to get rid of them though for the present they were necessitated to joyn with them and therefore they carefully kept up the distinction of Nations and by no Laws or Allurements could be brought to part with their Language or Habit or even the most of their barbarous Customs however the secret of this design was not divulged until O neal in his Triumphs to Munster blab'd it out for being told That Barret of Castlemore though an Englishman was a good Catholick and had been there four hundred Years he replied That he hated the Clown as if he had come but Yesterday Since that we have many more Instances of it and that this Antipathy has extended it self even to English Cattle and Improvements It was another O Neal that said It did not become him to writh his Mouth to chatter English Irish Stat. 233. and that executed a
and Knowledge and when the Doctors of other Nations had Liberty to return home Ireland soon returned to its former Ignorance so that long before the English Conquest there were hardly any Footsteps of Learning left in that Kingdom and to this Day very few of the Irish aim at any more than a little Latin which every Cow-Boy pretends to and a smattering in Logick which very few of them know the use of As for the Riches of the Irish Nation before the Conquest certainly they were very inconsiderable for tho Sir James Ware mentions That they had a Crown of Gold and Jewels and Gold Rings which may be True though I doubt it because the Irish Kings were never crowned but however that be it is certain their Wealth consisted in Cattle and those none of the best insomuch that even since the Conquest they paid the King's Revenue in Cows for want of Money and yet it may be true that they might have some Money tho' very little brought in by the Oestmen but it is certain they never coyned any themselves And indeed it is impossible they should be Rich since they had little or no Traffick with any other Nation neither had they any Artificers at home that could support a Trade abroad Perhaps they had but few other Kinds of Mechanicks except Weavers Cotners Taylors Broge-makers and Smiths Hats and Sadles came into use but of late and the Irish Carpenters and Masons must not be mentioned Davys 155. since Sir John Davys assures us That the Irish never did so good a thing as to build a City and indeed it is manifest That all the considerable Towns and Piles in the Kingdom were built by Ware 110. others and not by the Irish Dublin Coâ—â— Limerick Wexford and Waterford were built by the Oestmen and Galway was built by the English and is inhabited by Englishmen only to this Day viz. the Burks Frenches Bodkins Lynches Kerevans c. the Castles of Ardfinin Nenagh Lismore Tybrack and Limerick were built by King John Castledermood Castlederwagh Kilkea and Leighlin by the Lacyes Ferns Sligo Traly Geshil Adare Askeaton by the Fitz-Giralds the Grey-Friers at Leighlin Ballymarter Ardtully Lixnaw and Macrome by the Carews Philipstown and Mariburgh by Bellingham Athenry by Birmingham Green-castle Castle carbry Athassel Carlingford Castleconnel Loghreagh and Portumny by the Burks Kilkenny by Ranulph Earl of Chester Castle of Kilkenny by the Earl of Ormond Thomastown by Thomas Fitz-Antony Ross and Caterlogh by Isabel Daughter of Strongbow Carrigfergus was walled by Sir Henry Sydny Lord Deputy Castle Island in Kerry was built by Geofry de Marisco as Tymoleague Castle was by Barret and Trim by William Peppard the Town and Castle of Roscomon and the Towns of Clonmel Youghal Bandon Londonderry Colerâ—in Kingsale Carrik Athy c. were likewise built by the English and so were most of the Abbies and Cathedral Churches as you may read at large in Sir James Ware 's most excellent Treatise de antiquitatibus Hibernia The first Pile of Lime and Stone that ever was in Ireland was the Castle of Tuam built anno 1161 by Rotherick O Connor the Monarch and for the rarity called Castrum Mirificum for when O Morgaire Archbishop of Armagh began to build a Church of Stone such as he had seen beyond Sea the Irish upbraided his Pride and despised the Novelty and laught at his Folly to undertake a Work so much beyond his Ability unde tibi pauperi sumptus ad perficiendum say they but what need more be offered in this Matter than that Taragh was the Seat of the Monarch and the old Head of Kinsale was the Residence of Sovercy King of half Ireland but neither Place has the Ruines of any thing like a Palace nor is the old Head a situation fit for a private Gentleman much less for a Prince Their Building in those Days even of their Castles was no other than Turf or Watles plaistered over Cambrensis c. 11. Nor did Henry II find any thing better in Ireland nor Artificers that could make better As for the Christian Religion it was introduced into Ireland very early and the Testimony of Prosper That Paladius being ordained by Pope Celestine was sent to the Scots believing in Christ does manifest That the Scots i. e. Irish did believe in Christ before Paladius came Bishop of S. Asaph 84 85. And accordingly the Irish Tradition runs That they had Churches formed under Bishops Kiaranus Ailbeus c. before Paladius or S. Patrick and that they founded Bishopricks too at Ossory Lismore Ardmore and Beckerin however it must be allowed Ibid. 51. That S. Patrick who succeeded Palladius was the Person that had the good Fortune to convert the Body of that Nation to Christianity but he was so far from bringing them to Popery that they owned no Jurisdiction the Pope had over them but differed from the usage at Rome both in Tonsure and in celebrating the Feast of Easter and were therefore counted Schismaticks by the Romanists and although at this Day their Religion as my Lord of Orrery words it is something that pins them upon the Pope's Sleve Lord Orrery's answer to P. W. yet in the beginning it was not so but their Religion was pure and Orthodox And the Learned Primate Vsher has sufficiently proved Vsher's Religion of the ancient Irish That for Substance it was the same which the Protestants now proâ—â—â—ss and first he cites Sedulius and Claudius both Irishmen affirming in effect That Scripture is the Rule of Faith and he instances in the Successors of Columkille and in Bishop Aidan That they and their Company spent their time in searching the Scriptures he quotes the Testimony of S. Chrisostome and Bede That they had the Scripture in their Mother-Tongue and he gives you the Opinion of S. Patrick That continual Meditation of Scripture adds Vigour and Vegetation to the Soul and the Saying of Columbus sint tibi divitiae divinae dogmata legis by the Example of Furseus Kilianus and Bitihildis he proves That Children and Women did study the Scriptures and he produces many Instances wherein Sedulius and S. Patrick differed from the Rhemish Translation and the Vulgar Latin and shews That all preferred the Original before any Translation whatsoever As for Apocrypha though it was often cited by them with Reverence and Respect such as was given to the Writings of the Fathers and other good Men yet since they also cited the fourth Book of Esdras in the same manner which the Romanists deny to be Canonical it will follow that this Argument proves nothing or proves too much But to make the Matter more clear he cites Marianus Scotus born in Ireland 1028. and the Author of the Book de Mirabilibus Scripturae who was also an Irishman and they do expresly exclude out of the Canon of Scripture those Books we call Apocrypha In the next Chapter the Primate quotes Sedulius and Claudius for the
take any notice of Ireland and therefore we take no further notice of him than to give this brief Account of the Reason of our Silence in that Particular Hugh de Lacy was made Lord Justice of Ireland as aforesaid And as soon as he arrived he sent Imperious Letters to Courcy to discharge him of his Command and behaved himself so insolently that all was in Disorder Which the Irish perceiving and also that the King of England was preparing for a Voyage to the Holy Land they thought this an happy Opportunity to extirpate the English to which End they had a General Meeting and resolved unanimously to fall upon them Hanmer 169. and in order to it they entred into a League or Association and solemnly swore First To be true to one another and to the common Cause Secondly Never to yield any Obedience to the English again Ibid 162. And to begin the Business they fell upon Roger Poer Governour of Leighlin and barbarously murdered him and most of the Garrison Cormock O Connor Son of Rotherick King of Connaught commonly called Crove Darig because his Hand was red was the chief of the Conspirators he was an Active Valiant Gentleman and of so great Reputation that he was able to assemble twenty thousand Men of his own and the Confederates with which Army he designed first to clear Connaught then Vlster and afterwards the whole Kingdom In the mean Time Courcy Lord of Connaught and Earl of Vlster considering that he should have no Aid nor Help from the Lord Justice endeavoured to strengthen himself the best he could and to that End sent for his Brother S. Lawrence who made more Haste than good Speed for he came away with thirty Horse and two hundred Foot and at Knockmoy in the County of Galway fell into an Ambush the King of Connaught had laid for him and tho' they fought so valiantly that they killed one thousand Irish Men yet the Issue was That this small Army was totally destroyed not one escaping And tho' O Connor in Remembrance and Ostentation of this Victory did there build the Abbey de Colle Victoriae yet when he had well considered the prodigious Valour of that Handful of Men and his own Loss he thought himself necessitated to sue to Lacy for Peace which he soon obtained upon reasonable Conditions About this Time Robin Hood and Litle John were Famous Robbers in England but their Company being dispersed and Robin Hood taken Litle John fled to Dublin and shot an Arrow from Dublin-Bridge to the litle Hill in Oxman-Town thence called Litle John's Shot He was called Litle John Ironically for he was not less than fourteen Foot long believe it who will Hector Boetius affirms The Hole of his Huckle Bone was so big that he could thrust his Hand through it He fled from Dublin to Scotland where he dyed This Year Isabel 1189. only Daughter of Strongbow by Eva Prencess of Leinster was married to William Lord Maxfield Earl Marshal of England He was a great Favourite to King Richard and at his Coronation carried the Regal Scepter whereon was a Cross of Gold He was afterward by King John Hanmer 177. created Earl of Pembrook and had five Sons who were successively Earls and all died without Issue and he had five Daughters among whom his Estate was divided viz. to Joan the County of Waxford to Matilda the County of Caterlough to Isabel the County of Kilkenny to Sybilla the County of Kildare and to Eva the Mannor of Downmass in Leix now the Queen's County in all which they exercised Palatine Jurisdiction Of this Family Thomas Mills in his Catalogue of Honour gives this Account That Richard Earl of Chepstow was nick-named Strongbow because of his exceeding Strength so that he drew an traordinary Srong Bow his Arms were so long that he could stand upright and with the Palms of his Hands touch his Knees That his Daughter Isabel was fourteen Years a Ward to Henry II That her Husband William Earl Marshal was created Earl of Pembrook 27 May 1199 and that she dyed anno 1221 and was buried at Tintern Abbey and that he dyed 16 March 1219. They had five Sons and five Daughters William married Elianor Sister of Henry III and died the sixth of April 1231. Richard died the sixteenth of April 1234. Gilbert married Margaret Daughter of William King of Scotland 1235 and died by a fall from his Horse the twenty eighth of May 1242. Walter died 1245 in Wales and Anselm died the same Month viz the twenty first of December Maud successively married Hugh Earl of Norfolk William Earl of Warren and Walier Lord Dunstanvil Joan married Warren Lord Montchensy the richest Baron in England Isabel married Gilbert Earl of Glocester and afterwards Richard Earl of Cornwal King of the Romans Sybil married William Earl of Ferrers and Darby and Eve married William de Brees Lord of Brecknock and Partition was made between these Noble Coparceners at Woodstock Lib. G. May 3. 31 Hen. 3. About this Time 1190. viz. Anno 1190 the City of Dublin was burnt by Accident 1191. so that it was almost totally destroyed and the Kingdom was governed by William Petit Burlace 11. who held it a very short Time before William Earl of Pembrook and Earl Marshal of England came over Lord Justice or Governour of Ireland he was the third of the Temporal Assistants King Richard had left to the Bishop of Ely for the Government of England he was a Valiant Man and had a great Estate in Ireland 1191. and therefore was thought the fittest Governour for that Country in this Critical Time whilst King Richard was Prisoner in Austria and Earl John was engaged in Troublesome and Ambitious Designs in England In the Year 1194. the Reliques of S. Malachy Bishop of Clareval Cambden 151. were brought into Ireland and with great Reverence and Devotion deposited in the Abby of Mellifont and other the Monasteries of the Cistersian Order It seems the Reputation or Power of this Noble Governour was sufficient to keep Ireland quiet 1197. for we read of little or no Disturbance there during his Time which was about six Years And then he resign'd to Hanno de valois a Gentleman of Suffolk Lord Justice of Ireland who continued in that Government until the Death of King Richard which happened at Chalons in France on the sixth Day of April anno 1199. John Earl of Moreton and Lord of Ireland did on the Death of King Richard without Title ascend the Throne of England Hubert Archbishop of Canterbury was a great assistant to this Usurpation he told the People That John had the Crown by Election which the King did not then gain-say it being no fit Time to dispute the MANNER so he had the THING he aimed at but the Right was in his Nephew Arthur whom he afterwards got into his Hands and caused him him to be murdered as was at that Time generally reported
Annum for the other two parts saving and reserving to the King two Cantreds with the Inhabitants and liberty of building Castles therein The King liked the Proposal well enough and communicated it to the Lord Justice and referr'd it to him adding That it would do well if the Lord Justice could squeeze a Fine of four hundred Marks from the King of Connaught together with a yearly Tribute of Cows 1208. to supply such Castles as should be built in those Cantreds Hugh de Lacy was made Lord Deputy upon the Lord Justice his going to England and soon after viz. the Eighth of November the King by Patent Dated at Woodstock whereunto Meyler Fitz-Henry Lord Justice is Witness did confirm to William Fitz Philip Barry the three Cantreds of Olethan Muskry Dunegan and Killedy which Fitz Stephens had given his Father in the Kingdom of Cork 4 Inst 359. to be held of the King by Ten Knights Fees Lib. GGG and he also granted to William Marshal the Marshalship of Ireland in Fee as also the Cantred of Kilkenny About this time Jeofry Morison or Mac Moris was troublesome in Munster wherefore the Lord Deputy invaded Typerary Hanmer 186. and took Thurles he also took Castlemeyler and demolished it but the Irish say he lost more men in this Expedition than he brought back And now the King finding many Complaints of Thieves Tories and Robbers which were become a Nusance in Ireland sent the following Writ for their expulsion REX Meyler Prin 250. fil Henr. Justic Hiberniae c. omnibus aliis Baron fidelibus suis Hibern c. Sciatis quod ad voluntatem consilium dilectorum fidelium nostrorum Com. W. Maresc Walteri de Lacy aliorum Baronum nostrorum Hibern qui nobiscum fuerunt in Angl. per consilium fidelium nostror Angl. volumus statuimus quod Latrones Hibern expellantur de Terra nostra Hibern quod ipsi receptores eorum deducantur secundum Legem Angl. ideo vobis mandamus quod ita fieri faciatis in hujus rei testimonium has Literas nostras Patent vobis mittimus Teste Meipso apud Southhampt 23 Die Martii But Lacy was so elevated with the aforesaid Victories how dear soever they were bought that he look'd on all below him with Contempt and became so impatient of Competition that he was outragious against all his Enemies and particularly against John de Courcy Lord of Raheny and Kilbarrock Natural Son of the great John de Courcy whom the Lacies basely and barbarously caused to be murdered whereupon great Stirs and Dissatisfactions arose in Ireland even among the British Temple 6. whereof the Irish made their advantage Hanmer 187. and under pretence of being burdened with Taxes there was a general Defection throughout all the Realm Dublin was inhabited mostly by a Colony of Bristol Men 1209. and it was customary with them for love of Sport and Air to walk abroad toward Cullenwood every Easter-Monday but now being unarmed they were surprized by the Mountaneers of Wicklow the Birnes and Tooles c. who murdered three hundred of the Citizens wherefore that Day is ever since called Black Monday and for a long time after was solemnly observed by the Mayor Sheriffs and Citizens of Dublin in a brave and splendid manner and to supply this Loss the City of Bristol sent a new Colony to replenish Dublin But the King as well to secure his goverment from the ambition of Lacy whereof he grew exceeding jealous as also to suppress the Rebellion of the Irish found it necessary to make a Voyage to that Countrey and therefore with a considerable Army he sailed thither and on the Eighth Day of June landed at Waterford 1210. where O Neal and above Twenty other Irish Potentates came and made their humble Submissions and did Homage and Fealty unto him The Lacies conscious of their Demerits durst not abide the Arrival of the King but secretly fled into France where in Disguise they served the Abbot of St. Taurin in the quality of Gardeners till their unskilfulness manifested they were not educated in that way which gave the Abbot some suspicion of them and that led him into so strict an Enquiry that to satisfie the Abbot they were obliged to discover the Truth Speed 508. The good man did so sympathize with their Misfortunes and pitied their Distress that he effectually interceded with the King for their Pardon which at length he obtain'd Walter paying for Meath 2500 and Hugh for Vlster 4000 Marks Cattalus or rather Carolus O Conner alias Crovederg the Valiant and Active King of Connaught was the only Man of Note that opposed King John but he was an unequal Match for the King of England Cambden 152. and therefore was easily subdued and taken Prisoner Wherefore the King having no more of Military Matters to execute in Ireland seriously set himself to mend the Civil State of that unfortunate Country and first he caused Money to be Coyned ad Pondus Nummi Angliae and made it currant in both Kingdoms by his Proclamation which was the first Sterling Money that was Coyned in Ireland Lib. M. 25. and this done he set himself to establish the English Laws in that Kingdom For though King Henry had done as much to introduce the English Laws there as that Season and other Circumstances would permit yet partly for want of Sheriffs and the Distribution of the Kingdom into Counties but chiefly because of the unsetledness of the Country and the rebellious humour of the Irish it could not at that time be fully effected Wherefore King John to supply those Defects as far as he was able divided Leinster and Munster the only part he had in quiet and actual possession into the Counties of Dublin Kildare Meath Vriel Caterlogh Kilkenny Wexford Waterford Cork Limerick Typerary and Kerry and appointed Sheriffs and other Officers for them after the manner of England He also caused an Abstract of the English Laws and Customs to be drawn in writing Inst 141. b. 4 Inst 349. whereunto he affixed his Seal and left it in the Exchequer in Dublin and by general consent in Parliament and at the instance of the Irish he ordained that the English Laws and Customs should thenceforward be observed in Ireland Temple 6. and in order to it he erected Courts of Judicature at Dublin But the Brehon Law and the other Irish Customs indulged more to the Tyrannie of the great Men and yet did not hold the Commons to a strict and regular Discipline as the Laws of England did and therefore the very English were so corrupted by ill Example that the English Laws were not regarded nor had in Estimation as they ought but were look'd upon both by the Irish and degenerate English Davis 90. lib. M. as a Yoke of Bondage so that Henry III was necessitated oftentimes to enjoyn the Observation of them In
publickly opposed the King's Alienation or Resignation of his Dominions to the Pope 1213. He governed the Kingdom very well but at the end of two Years he went to Rome either to solicit Aid for the King against the Barons or to be present at a General Council He left Geofry de Marisco 1215. Lord Keeper of Ireland to whom nevertheless Sir Edmond Butler was Assistant or Coadjutor It was about this Time the Citizens of Dublin obtained a Licence to build a Bridge over the Liffy where they pleased And not long after they also got a Fee-Farm of the City of Dublin from the King at a certain Rent but I take that to have been anno 1217. and if so the King here meant must be Henry III. It seems these Times were very Quiet for I find no mention of any War or Rebellion except some small Stirs in Connaught which were not so Great or Considerable as that the Particulars should be transmitted to posterity In the mean Time William Earl Marshal who came to Ireland anno 1207. was employed in building his Castle of Kilkenny and the Abbey of Black-Fryers there He also incorporated that Town by the Name of Sovereign Burgesses and Communalty and granted them a Privilege to be quit of Toll Lastage and Pontage and all other Customs throughout Leinster and afterwards went to England And thus stood the Government of Ireland during the Life of King John who died at Newark the nineteenth Day of October 1216. 1216. THE REIGN OF HENRY III. King of England And LORD of IRELAND c. HENRY the Third not then Ten years old succeeded his Deceased Father in all his Titles and Estates 1216. and in the presence of the Popes Legate William Earl Marshal and others he was declared King and Crowned at Glocester by the Bishops of Winchester and Bath and at the same time he did Homage to Pope Innocent and the Church of Rome Brady 522. for the Kingdoms of England and Ireland and swore to pay yearly the Thousand Marks which his Father had promised to the Holy See William Earl Marshal who was also Earl of Pembrook was Protector of the King and Kingdom Ib. 523. and by Proclamation encouraged the Nobility Gentry and other the Kings Subjects to continue faithful to him which they were the more easily perswaded to because Lewis Prince of France and his Party began to decline and were solemnly excommunicated or rather the same Excommunication was published and denounced every Sunday and Holy-Day There likewise issued a Writ to the Kings Subjects in Ireland in haec verba REX Archiepiscopis Prin 250. Episcopis Abbatibus Comitibus Baronibus Militibus libere tenentibus omnibus fidelibus suis per Hibern constitutis Salutem Fidelitatem vestram in Domino commendantes quam Domino Patri nostro semper exhibuistis nobis estis diebus nostris exhibituri Volumus quod in signum Fidelitatis vestrae tam praeclarae tam insignis libertatibus Regno nostro Angl. Ã Patre nostro nobis concessis de gratia nostra dono in Regno nostro Hibern gaudeatis vos vestri Haeredes in perpetuum quas distincte in Scriptum redactas de communi consilio omnium fidelium nostrorum vobis mittimus signatas Sigillis Domini nostri G. Apostolicae Sedis Legati fidelis nostri Com. W. Maresc Rectoris nostri Regni nostri quia Sigillum nondum habuimus easdem processu temporis de majori Consilio proprio Sigillo signaturi Teste apud Glouc. 6 die Februar And the Entry on the Roll is Homines Hiberniae habent libertates Angliae And another Writ Brady Append. 143. under the Test of the Earl Marshal was sent to Hugh de Lacy to invite his Return in this Writ which runs in the Name of the King his Majesty condescends to expostulate with Lacy that he the King ought not to be blamed for his Fathers unkindness to Lacy and assures him that he shall have Restitution and Protection if he would come back and upon Receipt of it Lacy did readily comply with the Kings Desire Geofry de Marisco continued Lord Justice or Governor of Ireland Burlace 15. to whom on the 16th of April following Henry de Londres was added as Assistant or Co-adjutor at least in Ecclesiastical Matters 1217. and for the Reformation of the Church The King sent a Writ to the Lord Justice giving him thanks for his faithful Service to the deceased King John and desiring that he would persevere in the like to himself especially during his Monority when he stood in need of the Lord Justices assistance and advice Prin Hist H. 3. fol. 38. and requires him to take the Oath of Fealty of the Nobility of Ireland and all others that are obliged thereto and assures them they shall enjoy the same Liberties in Ireland as he hath granted to his Subjects in England There was also another Writ sent to the Lords Spiritual and Temporal to assist the Lord Justice in the Kings Service And there was yet another Writ for a thousand Bacons Lib. GGG Lambeth two Ship-load of Corn and a Ship-load of Oats Mandatum est Justiciario Hiberniae quid mittet in Angliam mille Bacones duas Navatas Frumenti unam Navatam Aveni So that England must not deny but that it has at some time been beholden to us About this time William Earl Marshal incorporated the Town of Calan and gave it the following Charter COncessi Burgensibus meis de Calan omnimodas Libertates quas decet Burgenses habere mihi licet conferre viz. quod nullus Burgensis trahatur in causam vel respondeat de ullo placito quod proveniat infra Metas Burgi in Castello Lib. in Lambeth vel alibi nisi in hundredo villae exceptis placitis quae sunt de hominibus hospitii mei Concessi etiam eisdem Burgensibus Matrimonium contrahere sibi filiis filiabus viduis sine licentia Dominorum suorum nisi forte forinseca tenementa teneant de me in capite extra Burgum Lucas de Netervil was chosen by the Chapter Archbishop of Armagh 1217. and went to the King for Confirmation but could not obtain it Ware de Fresul 17. because the Election was made without the Kings License Whereupon the Monks compounded with the King for three hundred Marks of Silver and three of Gold and so they took out a Conge de esâ—ier and repeated the Election and then Netervil was consecrated by Langton Archbishop of Canterbury About this Time viz. 2 Hen. 3. the King wrote to Ireland for Aid to pay off a Debt due from him to Lewis Son of the King of France Soon after Henry de Londres was by Pope Honorius the Third made Legate of Ireland and held a Synod at Dublin which made many good Canons But the Lord Justice had displeased the King by his male-administration of Affairs in Ireland or perhaps had
undertaken the Crusado I cannot determine which but for the one reason or the other he was removed and Henry de Londres Archbishop of Dublin April 23. 1219. was made Lord Justice and continued so for five years he was nick-named Scorchvillein Holingsh 32. by the Irish because they said he burnt his Tenants Leases and other Writings which they brought to shew him but this silly Story is not to be believ'd of so Learned a Man and so good a Governour as every body allows this Archbishop to have been especially since it is not denied but that he suffered all his Tenants to enjoy their Farms even according to their Claims It was this Lord Justice that built the Castle of Dublin anno 1220. 1220. And about the same time died at London William Earl Marshal Protector of the King and his Kingdoms Some Irish Antiquary was so silly to think he was call'd Marshal quas◠Mars his Seneschal for he was indeed a very warlike Man He was succeeded by his Son William against whom the Bishop of Fernes complained to the King That his Father had disseis'd the Church of two Mannors for which reason he was excommunicated and so died The King commanded the Bishop to go to the Earls Tomb and to absolve him and promis'd that he would endeavour his Satisfaction Hanmer 176. Whereupon the Bishop accompanied with the King went to the Grave and said O William that here liest wrapped in the Bonds of Excommunication if what thou hast injuriously taken be restored by the King or thy Heir or thy Friends with competent satisfaction I absolve thee otherwise I ratifie the Sentence that being wrapped in thy Sins thou maist remain damned in Hell for ever The King was dissatisfied with the rigour of the Bishop but could not prevail with the young Earl to part with any thing of his Estate wherefore the Bishop confirm'd his Curse and it brought no small Veneration to the Clergy that this Earl and his four Brethren died without Issue which the Superstitious People thought to be the Effect of that Execration The young Earl Marshal had great Contests with Hugh de Lacy Earl of Vlster 1221. so that Meath was wonderfully harass'd between them Trim was also besieged and reduced to an ill condition but it had the good Fortune to escape this Brush Hanmer 189. and to have a strong Castle built soon after to prevent the like Calamities for the future 6 Hen. 3. About this time Davis 15. 123. the King granted to O Brian King of Thomond the Country of Thomond habendum during the Kings Minority rendring an hundred and thirty Marks per annum which is the only Grant made by the Crown of England to any meer Irishman to that time except that to the King of Connaught And before this Davis 124. viz. 3 H. 3. Richard de Burgo for one thousand pound obtained a Grant of all Connaught to him and his Heirs after the Death of the then King of that Country The Lord Justice who was also Archbishop and Legate did in his Spiritual Capacity too much encroach on the Temporal Jurisdiction and therefore upon the Complaint of the Citizens of Dublin Aug. 9. 7 H. 3. he had a notable increpatory Writ sent to him 1222. which is to be found in Prin's Animadversions on the fourth Instit 251. And at the same time the King sent another Writ to the Justice to redress a Nusance to the Harbour and Citizens of Dublin Prin 251. according to the Law of England I find some Reasons to believe that the Lord Justice Londres was sent for to England anno 1220 and his Room supplied by Geofry de Marisco till his Return Octob. 28. the same Year but however that be it is certain that after this Justice had govern'd Ireland five Years he was removed And most probably was succeeded by 〈…〉 William Earl Marshal 1224. Lord Justice In whose Time in May 8 Hen. 3. Lacy was so effectually pursued that he was forced to submit and the same Year was pardoned About the same Time the King prohibited Appeals to be made to the Pope Lib. Z. Z. and by his Letter to the Archbishop of Armagh Lamb. 19. severely reprimanded him for sending to the Pope about Causes Ecclesiastick The King in the fifth Year of his Reign had granted to the Citizens of Dublin towards walling their City three Pence out of every Sack of Wool six Pence for every Last of Hides and two Pence out of every Barrel of Wine sold in their City 1225. and now 9 Hen. 3. he gave them fifty Marks in Mony to the same purpose On the tenth Day of June 10 Hen. 3. A Writ was sent to the Lord Justice to seize on the Country of Connaught forfeited by O Connor 1226. and to deliver it to Richard de Burgh at the Rent of three hundred Marks for the first five Years and afterwards of five hundred Pound per annum except five choice Cantreds near Athlone which I suppose were designed for the Conveniency and Support of that Garrison But on the first Day of August 10 Hen. 3. Geofry de Marisco was made Lord Justice and had a Sallary of five hundred Marks payable out of the Exchequer granted unto him It is probable That soon after his Arrival his Predecessor William Earl Marshal repaired to Court to give the King an Account of his Administration And the Irish were forward to take Advantage of his Absence and the ill Posture of the King's Affairs in Ireland and therefore to make the best Use they could of this Opportunity they made so general a Confederacy that their Army amounted to twenty thousand Men Sperantes says my Author se posse omne genus Anglorum ab Hiberniae finibus exterminare But all this Ostentation came to nothing and this numerous Rabble were without much Difficulty defeated by Hugh de Lacy and Richard de Burgh and their Followers And the Irish General O Connor King of Connaught was taken Prisoner The King Lib. GGG in the fifth Year of his Reign wrote to all the Ports of Ireland Lambeth To make some Gallies in their respective Havens for the Defence and Security of him and his Kingdom of Ireland And in the tenth Year of his Reign he prevailed with the Pope to write to the Irish Bishops to give him a Subsidy 1227. And now the eleventh Year of his Reign the Pope did write to the Clergy To give Subsidiary Aid to the King Which it seems was effectual for I find this Entry on the Roll. 11 Henric. 3. Rex habuit auxilium de Hibernia And the same Year the Lord Justice received a Writ To aid the Episcopal Excommunication with the Secular Arm as was usual in England which is to be found at large Prin's Animadversions Prin 252. 252 and bears Date the eighteenth of January And there was also a Writ or Charter enjoyning
Popes Familiar and Kinsman and both Bastards saith Bale fill'd in like sort his Fardles in Scotland These Nuncio's were so crafty that they needed no Brokers they secretly understood by Posts and Cursitors the State of the Court of Rome which quailed them full sore that the Pope was either gone or panted for Life secretly by the conduct of the Monks of Canterbury they were conveyed to Dover where they took Shipping and crost the Seas The Emperor Frederick against whom this Provision was made having intelligence thereof and secretly acquainted with the Popes state wrote to the King of England to apprehend such Prollers wherein he also reprov'd his Cowardize The Emperor when he understood that the Birds were flown away made search for the Nest yet overtook them in Italy where to be short he imprison'd them their Kindred and Favourites rifled them of their Money and sent them to Rome to sing for more He that will read the Story more at large let him repair to Matthew Paris In the Year 1242 1242. the Lord Justice built the Castle of Sligo in Connaught and plac'd in it able Warders and the next Year died Richard de Burgo and the famous Hugh de Lacy Earl of Vlster 1243. whose Daughter and Heir was married to Walter de Burgo in her Right Earl of Vlster The King sent to the Lord Justice for Aid against the Welsh 1244. which it seems was long a coming but at length it did come under the Conduct of the Lord Justice and Phelim O Connor they Landed in the Isle of Anglesey and pillaged the Island and were hastning to the Ships with their Prey but it seems the Welshmen overtook them and forced them to leave their Burdens behind However they afterwards joyn'd the Kings Army and did the Work they came for for the King discomfited the Welsh victualled his Castles and victoriously returned into England The Lord Justice being come back to Ireland 1245. found Vlster over-run by O Donel who took advantage of the Death of Lacy and the absence of the Lord Justice but by the assistance of Cormock mac Dermond ma◠Rory the Lord Justice invaded Tirconnel routed the Irish and slew many of the chief of them on the English side was lost William But by Cambden and others call'd Sheriff of Connaught and his Brother Cambden does also mention several Expeditions but the Issue of them all was this That the Lord Justice Manned his Castle of Sligo forced O Neal to give Hostages and then gave half Tyrconnel to the said Cormock ma◠Dermond and return'd with great Booty But the King was displeased with the Lord Justice for his slowness and delay in bringing Aid to him in Wales and therefore remov'd him from the Government Novemb. 4. 1245. and appointed Sir John Fitz Geofry de Marisco I suppose Lord Justice who receiv'd a Writ that the Executors of the Bishop of Ossory should be suffered to administer and dispose of the Testators Goods and Chattels the Debts due to the King being first Levied thereout and in September 1247. Prin H. 3. 107. the King directed a Writ to the Arch-Bishops and others in Ireland That the Laws of England should be strictly observed there as his Father King John had formerly commanded QVia pro communi utilitate Terrae Hiberniae Prin 254. unitate Terrarum Regis Rex vult de communi Concilio Regis provisum est quod omnes Leges Consuetudines quae in Regno Angliae tenentur in Hibernia teneantur eadem Terra eisdem Legibus subjaceat per easdem regatur sicut Dominus Johannes Rex cum ultimo esset in Hibernia statuit fieri mandavit Quia etiam Rex vult quod omnia Brevia de communi jure quae currunt in Anglia similiter currant in Hibernia sub novo Sigillo Regis Mandatum est Archiepiscopis c. quod pro pace tranquilitate ejusdem Terrae per easdem Leges eosdem regi deduci permittant eas in omnibus sequantur in cujus c. Teste Rege apud Wodestoke nono die Septembris anno Regni 30. Which Writ is imperfectly cited 1 Inst 141 b. Theobald Butler 1247. Lord of Carrick and John Cogan Lords Justices in whose Time the Popes Agent Johannes Refus was sent into Ireland clothed with Authority to collect the Popes Money Hanmer 198. my Author says that though he was not clad in Scarlet for fear of giving Offence yet he was such a Sophistical Legate and plied his business with that diligence that he extorted Six thousand Marks out of Ireland and by help of the Clergy transported it safely to London John Fitz Geofry was again Lord Justice 1248. in his time the King sent the following Writ Lib. P. Lambeth REX Justiciario Hibern Salutem Monstravit nobis Mamorch Offerthierun Rothericus Frater ejus quod antecessores sui ipsi licet Hibernenses semper tamen firmiter fuerunt ad fidem servitium nostram Prin 255. predecessorum nostrum it should be Nostrorum Regum Angl. 1253. ad conquestum una cum Anglicis faciendum super Hibernenses ideo vobis mandamus quod si ita est tunc non permittas ipsos M. R. repelli quin possint terras vindicare in quibus jus habent sicut quilibet Anglicus quia si ipsi antecessores sui sic se habuerunt cum Anglicis quamvis Hibernenses injustum esset licet Hibernenses sint quod exceptione qua repelluntur Hibernenses à vindicatione terrarum aliis repellantur c. By which Writ it appears that the King did design that all the Irish who would live as Subjects should have the benefit of the English Laws but that such of the Irish as were Enemies or Rebels and would not be Amesnable to Law should not have any Advantage by the Law But now the King to qualifie his Son for a Marriage with the Infanta of Spain Davis 22. amongst other things gave the Kingdom of Ireland to Prince Edward and his Heirs Lib. G. Lambeth in as ample manner as himself enjoyed it except the Cities of Dublin and Limrick nevertheless with this express Condition in the Patent 1254. Ita quod non separetur à Corona Angliae Whereupon Ireland was called the Land of the Lord Edward and the Officers there were stiled the Officers of Edward Lord of Ireland and the Writs did also run in the Name of the Prince In the same Year but I suppose before the Donation to the Prince the King sent a Writ to the Nobility of Ireland Prin 255. most earnestly desiring their Assistance with Men and Ships for his Wars in Gascony But the Prince had issued a Writ of Entry out of the Chancery of Ireland against the Bishop of Lismore which was illusory to the Laws of England established by the King and King John and therefore upon Complaint the King sent
the following Order to stop any farther Proceedings upon the aforesaid illegal Writ which I do the rather recite at large because it justifies my Assertion that Ireland is inseparable from the Crown of England since we find the King effectually interpose to rectifie Miscarriages there notwithstanding the aforesaid Donation to the Prince which was as full as it could be worded REX Thesaurario Baronibus de Scaccario Dublin Ibid. 255. Salutem Quia de assensu voluntate Praelatorum Magnatum Terrae Hiberniae dudum fuit provisum concessum quod eisdem Legibus tenerentur in Terra illa quibus homines Regni nostri utuntur in Regno nostro Angliae quod eadem Brevia quoad terras tenementa recuperanda teneant in terra illa quae tenentur in regno praedicto sicut justa Et dicta provisio concessio omnibus retroactis temporibus fuerunt obtenta approbata miramur quamplurimum quod sicut ex insinuatione venerabilis patris Thomae Lismorensis Episcopi accepimus emanare permisistis ex Cancellaria Edwardi filii nostri in Hibernia contra consuetudinem obtentam formam Brevium in regno nostro usitatam Breve infra-scriptum contra praefatum Episcopum in haec verba EDwardus Illustris Regis Angliae primogenitus ad Vic. Waterford Salutem Praecipe Thomae Lismorensi Episcopo quod juste sine dilatione reddat Waltero Episcopo Waterford Maneria de Archmurdeglan Kilmurdri Motha cum pertinentiis quae clamat esse jus Ecclesiae suae in quae idem Episcopus non habet ingressum nisi per Alanum quondam Lismorensem Episcopum cui Griffinus quondam Lismorensis Episcopus qui inde injuste sine judicio disseisivit Robertum quondam Waterford Episcopum predecessorem Episcopi post ultimum reditum c. QUia vero dictum Breve tam dissonum est Stat. Marlbridge cap. 30. contra Leges Consuetudines in regno nostro tentas formas Brevium nostrorum ibidem approbatas praesertim cum Breve ingressus non transeat tertiam personam nec ratione intrationis in terram aliquam post mortem alicujus comperat actio alicui de terra illa nisi illi cui per mortem illam jus debetur in eadem Nec enim dicitur intrusio qui jure haereditario vel ratione Ecclesiae suae succedit Predecessori suo in hiis de quibus idem Predeces fuit seisitus in Dominico suo ut de feodo die quo obiit Vobis mandamus quod si dictum Breve a Cancellaria praedicta in forma praedicta emanaverit executionem ejusdem Brevis supersedeatis revocantes sine dilatione quicquid per idem Breve actum fuerit in Curia praedicti Filii nostri Teste apud Windsor 27 die Januar. Et eodem modo scribitur Adamo le Sole Justiciario Hiberniae intellige de Banco Regis Waleranno de Willesby Sociis suis Itinerantibus ut supra Alan de la Zouch 1255. who had been Chief Justice of the Kings Bench in England Hanmer 199. 34. Hen. 3. was now made Lord Justice of Ireland he had the Misfortune to be slain in Westminster-Hall by John Earl of Warren and Surrey half Brother to the King In his time some Rebel Irishmen were coming to aid the Earl of Chester against the King but Prince Edward with the English Navy had the good Fortune to meet with the Irish Fleet and to sink most of their Ships so that few of the Men were left alive to return Now flourished that famous Mathematician Johannes de Sacrobosco who was born at Holywood in Fingal not far from Dublin and thence had his Name de sacrobosco i.e. Holy wood It seems that the Prince 1258. by Virtue of the aforesaid Grant would have removed the Lord Justice and put another in his Room But the King by the Advice of the Barons of England wrote to the Archbishops Bishops Abbots Priors Barons Brady 674. Knights c. That he heard his Son designed to make a new Justice in Ireland and to put his Castles into such Hands as it might be great Damage and not without fear of their disinheriting and therefore commands them not to obey such Justice Constables or Keepers of Castles made or appointed without his Letters Patents by Advice and Assent of his Council After the same manner he wrote to all the Mayors and Communities of Cities and Towns in Ireland and to the Constables of Castles and also commanded Alan de la Zouch his Justiciary not to obey or give up his Authority to any new Justiciary or Constable that should come without his Letters Patents But it seems this Matter was setled for the next Year we find Stephen de long Espee 1259. Lord Justice some call him Earl of Salisbury and Burlace stiles him Earl of Vlster but I think there is no Ground for either of the Titles he encountred O Neale and slew him and three hundred fifty two Irishmen in the Streets of Down 1260. but not long after the Lord Justice was betrayed and murdered by his own People And thereupon William Den was chosen Lord Justice In whose Time the Mac Carthyes plaid the Devil in Desmond they are the Words of my Author and by Ambuscade surprized and slew Thomas Fitz-Girald and John his Son 1261. at Calan in Desmond together with many Knights and Gentlemen of that Family whereupon the Carthyes grew so high that for the space of twelve Years the Giraldines durst not put a Plow in the Ground in Desmond Hanmer 201. until some Fewds arose between the Irish of Carby and Muskry and between the Carthyes Driscols Donovans Mahonyes and Swinyes so that they also weakned and destroyed one another and the Giraldines began to recover their Power and Authority again But the Lord Justice died this Year and Richard de Capella or Capel was made Lord Justice In his Time arose a great Contention between the Prior and Convent of Christ-Church and the Corporation of Dublin about the Tith-Fish of the River Liffy The Burks and the Geraldines quarrelled about some Lands in Connaught to that degree that they filled the whole Kingdom with War and Tumult and Maurice Fitz-Maurice Fitz-Girald not the Earl of Desmond but the same that afterwards anno 1272 was Lord Justice and John Fitz-Thomas afterwards Earl of Kildare at a Meeting at Castle-Dermond seized upon the Lord Justice and Richard Burk Heir apparent of Vlster afterwards called the Red Earl Theobald Butler 1264. Miles Cogan c. and imprisoned them in the Castle of Ley. But soon after a Parliament met at Kilkenny and ordered them all to be released which was done accordingly In the mean Time the King wrote to the Arcbishop of Dublin the Bishop of Meath his Treasurer Walter de Burg or Burk 1265. Maurice Fitz-Maurice Fitz-Girald That he heard there was like to be great Dissention between the great Men of Ireland and therefore ordered
Flames but the Devout Citizens first made a Collection for the Repair of the Church and then set themselves to the re-edifying their own Houses And so we come to a Trial 1284. very unusual in Courts of Justice in Ireland tho' too frequent in the Field viz. that of Battle Ware presul 142. for Jeofry Saintleger Bishop of Ossory in a Writ of Right for the Mannor of Sirekeran in Ely O Carol recovered the same and the Trial was by Battle between the Bishops Champion and the Champion of his Adversary The Lords and Potentates of Ophaly were grown strong enough to take and burn the Castle of Ley 1285. and it seems Theobald Verdon going to revenge that Injury lost both his Men and his Horses which was followed with a greater Misfortune for the next Morning Girald Fitz-Maurice was betrayed by his Followers and taken Prisoner Nor had the English better Success at Rathdod for in an unfortunate Skirmish there Sir Gerard Doget Ralph Petit and many more were slain and the Lord Geofry Genevil had much ado to save himself by Flight Amidst these Disturbances Burlace 31. the Lord Justice obtained from the King a Pension of five hundred Pound per annum for his Expence and Charge in the Government to continue as long as his Justiceship but if any extraordinary Accident should require more Expence than the Writ prescribes That a Vice-Treasurer be appointed to receive and pay the Revenue as the Lord Justice and the Court of Exchequer shall think fit But the next Year was more favourable 1286. so that Philip Stanton in November burnt Norwagh and Ardscol and other Towns and the great Rebel Calwagh was taken at Kildare which superseded these Stirs for a Time Nevertheless this Year was fatal to many Noblemen viz. Maurice Fitz-Maurice who died at Rosse as Girald Fitz-Maurice Oge did at Rathmore and the Lord Thomas de Clare could not escape the Common Fate to which the Lord Justice himself was forced to submit So that John Sandford 1287. Archbishop of Dublin was chosen Lord Justice His Government was the more uneasie to him because Richard Burk 1288. Earl of Vlster and Walter Lacy Lord of Meath confederated against Theobald de Verdon and Besieged him in the Castle of Athloan and came with a great Army as far as Trim However this was in a great measure recompenced by the Plenty of the Year which was so great even in England that a Bushel of Wheat was sold for four Pence It was usual in this King's Reign To send the new English Statutes in some reasonable time after they were made to be proclaimed and observed in Ireland Thus in the thirteenth Year of his Reign he sent by Roger Bretun the Statutes of Westminster the first of Glocester of Merchants and of Westminster the second to the Lord Justice Fulborne to publish and notifie them to the People And this Year the like was done by the Statute called Ordinatio pro Statu Hiberniae which was enacted in England and sent to Ireland to be observed there and is to be seen in French in the second part of the Ancient Statutes printed at London 1532. And the Statutes of Lincoln and of York were also sent to Ireland Ex lib. Alb. Scac. Hib. to be enrolled in the Chancery and to be published and notified to the People 20 Novemb. 17 Edw. 1. And it is to be observed That after Parliaments were held in Ireland yet the English Statutes did extend to Ireland as the eleventh of Edward III Lib. M. Lamb. of Drapery and the twenty seventh of Edward III of the Staple and the fourth of Henry V cap. 6-touching the Promotion of Clerks of the Irish Nation and many more But it is time to return to the Lord Justice whose Service the King had occasion to make use of in England and in several Foreign Embassies in all which he behaved himself honourably He was succeeded in Ireland by William Vescy 15 Novemb. 1290. Lord Justice Whose Government was disturbed by O Hanlon in Vlster and O Mlaghlin in Meath who were again in Rebellion but Richard Earl of Vlster had the good Fortune to suppress O Hanlon with a few Blows and the Lord Justice did as much for O Mlaghlin and pursued him so close that at last he was taken and slain by Mac Coughlan who grew so proud upon that Service that he set up for himself and gave a great Defeat to William Burk at Delvin and to the English in Ophaly And tho' the King in the thirteenth Year of his Reign had a Grant from the Pope of the Tenth of all Ecclesiastical Revenues in Ireland for seven Years toward the Holy War which was followed with a Grant of a Fifteenth from the Temporality yet now upon the Expiration of that Grant he wrote to the Bishops and Clergy for a Dism of their Spiritualities to defray his Debts in redeeming his Nephew Charles But they unanimously answered Quod concessioni petitionis praefatae minime supercederent But Cambden assures us That the Temporality granted another Fifteenth To this Lord Justice Cambden 78. Baliol King of Scotland did Homage for some Lands he held in Ireland and about the same time it was ordered 4 Inst 356. That the Treasurer of Ireland should account yearly at the Exchequer of England 1293. And the same Year came over Gilbert de Clare Earl of Glocester whose Wife Joan of Acres was the King's Daughter But now there arose great Feuds between John Fitz-Thomas Fitz-Girald Lord of Ophaly and the Lord Justice whereupon the Lord Justice did underhand encourage the Irish to do all the Prejudice they could to Fitz-Girald and his Partisans hence arose mutual Complaints and reciprocal Impeachments so that both of them went or were fent for into England But it will not be unpleasant to the Reader to have the Particulars of this famous Controversie in the Words of Holingshead The Lord Justice hearing many Complaints of the Oppressions the Country daily received Holingshead 35 which he thought reflected on him and insinuated his male Administration therefore to disburthen and excuse himself he began in misty Speeches to lay the Fault on the Lord John Fitz-Giralds Shoulders saying in parable wise That he was a great occasion of these Disorders in that he bare himself in Private Quarrels as fierce as a Lyon but in these Publick Injuries as meek as a Lamb. The Baron of Ophaly spelling and putting these Syllables together spake after this Manner My Lord I Am heartily sorry that among all this Noble Asembly you make me your only Butt whereat you shoot your Bolt and truly were my Deserts so hainous as I suppose you would wish them to be you would not labour to cloud your Talk with such dark Riddles as at this present you have done but with plain and flat English your Lordship would not stick to impeach me of Felony or Treason for as mine Ancestors with
the King appointed no small Provision was made for so eager a Combat as that was presupposed to have been But when the prefixed Day approached near Vescie turning his great Boast to small Roast began to cry Creak and secretly sailed into France King Edward thereof advertised bestowed Vescies Lordships of Kildare and Rathingan on the Baron of Ophaly saying That albeit Vescie conveyed his Person into France yet he left his Lands behind him in Ireland Mr. Pryn makes an Observation on this Case Pryn 259. as if an Appeal between Vescie and Fitz-Girald in Ireland had been adjourned to England But to make the Remark useful it is necessary not only to consider what he says but also to consult the Records which he cites William Hay 1294. Lord Deputy to whom a Writ was sent to admit Thomas Saintleger Bishop of Meath to be of the Privy Council And not long after John Fitz-Thomas return'd to Ireland big with Glory and Success which transported him to a Contempt of all his Opposers he began with Richard Burk Cambdens Ann. Earl of Vlster whom together with William Burk he took Prisoners in Meath by the assistance of John Delamere and confined them to the Castle of Ley. But he had not so good luck in Kildare which was made the Seat of the War so that between the English and Irish it was entirely wasted the Castle of Kildare was also taken and the Records of that County burnt by Calwagh Brother to the King of Ophaly And these Misfortunes were accompanied with great Dearth and Pestilence William Dodingzel Lord Justice found Work enough to struggle with these Difficulties and the rather because John Fitz-Thomas appeared again with a great Army in Meath But the Parliament soon after met at Kilkenny 1294. and obliged him to release the Earl of Vlster taking his two Sons Hostages for him And it seems that this did not satisfie the Complainants but that they impeached him at the Parliament in England Lib. GGG 23 E. 1. for divers Offences and Felonies done in Ireland Lambeth He protested he could clear himself by Law but because he would not Prin 259. cum ipso Domino Rege placitare he submits himself wholly to the King's Favour 1295. into which he was received upon Pledges for his future demeanour and 't is probable he was also obliged to release his Claim to the Castle of Sligo and other his Lands in Connaught which was the Occasion of all this Stir About Easter the King built the Castle of Beaumorris in Wales 1295. for the better security of a Passage to and from Ireland And about the same time Bishop Vsher's life 34. the King required Aid to marry his Sister to the Emperour and such as did contribute thereunto are mentioned in the Pipe-Rolls of the Exchequer In the mean time on the third Day of April the Lord Justice died and during the Interval of Government the Irish made use of the Opportunity and wasted great part of Leinster burnt Newcastle and many other Towns But at length the Council chose Thomas Fitz-Maurice Fitz-Girald Lord Justice he was nicknamed Nappagh Simiacus or the Ape because when his Father and Grand-Father were murdered Frier Russel M. S. at Calan the Servants on the news of it run out of the House as if distracted and left this Thomas in the Cradle whereupon an Ape which was kept in the House took up the Child and carried him to the top of the Castle of Traly and brought him down Safe and laid him in the Cradle to the admiration of all the Beholders This Lord Justice was Father of the first Earl of Desmond and was so great a Man that he is often styled Prince and Ruler of Munster But it seems he supplyed the Place of Lord Justice but a very short time for John Wogan 1295. Lord Justice arrived from England on the eighteenth of October He made a Truce for two Years between the Burks and the Giraldines and received a Writ to take the Fealty of the Abbot of Owny in the County of Limerick and having called a Parliament which it seems setled Matters to his Mind he went with a smart Party to aid the King in Scotland His Majesty nobly feasted them at Roxborough Castle and they in requital did the King very good Service But that you may see what sort of Parliaments were in Ireland in those Days I will present the Reader with a List of this Parliament Richard de Burgo Earl ofVlster Geofry de Genevil John Fitz-Thomas afterwards Earl of Kildare Thomas Fitz-Maurice Nappagh Theobald le Butler Theobald de Verdun Peter de Brimingham of Athenry Peter de Brimingham of Thetmoy Eustace de Poer John de Poer Hugh de Purcel John de Cogan John de Barry William de Barry Walter de Lacy. Richard de Excester John Pipard Water L'enfant Jordan de Exon. Adam de Stanton Symon de Phipo William Cadel John en Val. Morris de Carew George de la Roch. Maurice de Rochfort Maurice Fitz-Thomas of Kerry William de Ross 1296. Prior of Kilmainham was left Lord Deputy to Wogan but either the Irish did not fear him being a Clergyman or they thought this a time of Advantage whilst the Lord Justice and many of the Nobility and best Soldiers were in Scotland and therefore to improve it as they were used to do they rose in Rebellion in several Places Those of Slewmargy burnt Leighlin and other Towns 1297. But O Hanlon and Mac Mahon met with more Opposition in Vrgile for they were both slain John Wogan 1298. Lord Justice returned again from Scotland in October and throughly reconciled the Burks and the Giraldines and kept every thing so quiet that we hear of no Trouble in a great while except some Disturbance the Irish gave to the Lord Theobald de Verdun in attacking his Castle of Roch. Pollard Mony was now decryed both in England and Ireland 1300. and the King did again enter Scotland and sent to Ireland for Aid and wrote not only to the Lord Justice but also sent particular Letters to every one of the Nobility to attend him Whereupon the Lord Justice accompanied by John Fitz-Thomas Peirce Brimingham and many others made a second Expedition into Scotland with good Success In the mean time part of the City of Dublin and particularly S. Warberg's Church was burnt on S. Colme's Eve and the Irish were again at their usual Pranks taking Advantage of the Lord Justices absence who I suppose did again depute William de Ross and in Winter assaulted and burnt Wicklow and Rathdan 1301. but they were well paid for their pains and in Lent had been ruin'd but for the Dissention and Discord of the English and in the Harvest before some of the Irish also had their share of Civil Discord for they fell out amongst themselves so that the O Phelims and O Tools slew three hundred of the Birns
Justice was so vigilant that before the end of August the Rebels were dispersed and their Captain William mac Balthar was taken and hanged In the midst of these Disturbances John Decer Mayor of Dublin who had some time before built the Bridge over the Liffy Ibid. 166. near S. Wolstons and the Chappel of our Lady at the Friers Minors and had also repaired the Church of the Friers Preachers and every Friday feasted the Friars at his own Cost did now build the high Pipe in Dublin But the Lord Justice being sent for into England to give an Account there of the miserable State of Ireland substituted William Burk August 1308. Custos Warden or Deputy of Ireland He was Ancestor of many Noble Families and particularly of the Lords Castleconel and Leitrim In his time the Irish burnt Athy and Richard Talon was murthered by Maurice de Condon Cambden 166. and Candon was served in the same kind by the Roches and Odo mac Cathol O Connor slew Odo King of Conaught But in March following Peirce de Gaveston an insolent Frenchman was by the Nobility of England in Parliament banished that Kingdom whereupon the King to make this Exile of his Favorite as easie as he could gave him the Government of Ireland and assigned to him the Revenue and Royal Profits of that Realm so that thither he came with a great Retinue and he behaved himself so well that he broke and subdued the Rebels in the Mountains near Dublin He slew Dermond O Dempsy a great Irish Captain at Tully he marched into Munster and subdued O Brian in Thomond he rebuilt the new Castle of Mackingham in the Kevins Country and repaired the Castle of Kevin and cut and cleansed the Paces between that and Glendelough he was exceedingly beloved of the Soldiers both for his Liberality and Valour and might have done much Good there if he had staid longer Nevertheless he could not brook Richard Earl of Vlster who was the greatest Lord in Ireland This Earl as it were to nose Gaveston did at Whitsontide keep a great Feast at Trim Camb. 166. and dub'd two of the Lacies Knights and marched as far as Tredagh to encounter the Lord Lieutenant but on better Advertisement he returnd But the King impatient of Gaveston's longer Absence recalled him on the twenty third of June and sent in his Room Sir John Wogan 1309. Lord Justice M. S. Fragm and in October following the Noble Lord 4. says 1308 Roger Mortimer came over with his Wife Heiress of Meath and had quiet Possession of that Country the Grand-father Sir Geofry Genevil entring into a Monastery On the second of February Sir Arnold Poer slew Sir John Bonevil at Arstol but it was found to be in his own Defence Cambded 167. And in the same February there was a Parliament held at Kilkenny before the Earl of Ulster and the Lord Justice according to the Custom and Usage of those times which appeased many Civil Discords and enacted many good Laws which Mr. Pryn says Pryn 259. were printed in Bolton's Edition of the Irish Statutes 1621. And he reckons this to be the first Parliament that was held in Ireland except that of Henry II aforesaid but without question he is mistaken And it seems Pryn 259. That in the beginning of the next Year or the latter end of this there was another Parliament or Assembly of the great Men at Kildare where Poer was acquitted of the Death of Bonevil About this time Wheat was sold for twenty Shillings the Erane Cambded 167. and the Bakers were drawn on Hurdles through the Streets of Dublin for their Knavery In the Year 1310. Richard de Havering who under Pretence of the Popes Provision 1310. had assumed the Title of Arch bishop of Dublin and enjoyed all the Profits of that See without Consecration for four Years and upward was so terrified by a Dream that he resigned his Bishoprick to the Pope that gave it him Ware de praesul 111. And though Alexander Bricknor had the better in the Election the seventeenth of March 1610. yet John Lech by the Power and Favour of the King enjoyed the Bishoprick and begun the Controversie with Rowland Jorse Archbishop of Armagh about elevating his Crosier in the Province of Leinster and managed it so dextrously or rather so violently Hook 65. that he forced the Primate to fly by Night in his Pontificals from Howth to the Priory of Grace Dieu and thence chased him out of the Diocess or rather Province of Dublin and in the same year the Judges of the Court of Kings Bench were reduced to the number of Three The Year 1311 was troublesome enough 1311. for Frag. 4. in May Richard Earl of Vlster invaded Thomond Davis 134. and marched up to Bunratty where Richard de Clare met and defeated him and took him the Lord William Burk and others of his Kindred Prisoners and slew John de Lacy and many more of the Earls Followers and in November following the same Richad de Clare defeated the Irish and slew Six hundred Galloglasses Nor were the Civil Discords less amongst the Irish for Donough O Bryan was murdered by his own Men in Thomond and John Mac O Hedan was slain by O Molmoy and William Roch was murdered by a Tory However the Birnes and Tools were numerous enough to invade Taslagard and Rathcanle and to terrifie Dublin by lurking up and down the Woods of Glendelory Nor could the State suppress them because Robert Verdon began a Riot in Vrgile and was so powerful that he defeated the Lord Justice and his small Army 1312. July 7. 1312. but afterwards upon better consideration he voluntarily submitted himself to the Kings Mercy whereupon the Lord Justice went for England and left in his stead Sir Edmond Butler 1312. Lord Deputy who being now at leisure to deal with the Birnes and Tools he manag'd that Affair so well that he soon forc'd them to submit and then sent his Father-in-Law the Lord John Fitz Thomas afterwards Earl of Kildare General into Munster who at Adare Knighted Nicholas Fitz Maurice afterwards Lord of Kerry and others This Year was famous for two mighty Marriages of Maurice afterwards Earl of Desmond and Thomas Fitz John afterwards Second Earl of Kildare to the two Daughters of the Earl of Vlster But these Rejoycings were soon over 1313. and the Misfortunes of the English in Scotland drew on a Scotch Invasion of Ireland At first the Scots only sent some Boats to prey the Costs of Vlster which were well resisted but before the year was out Edward Bruce came in Person he forc'd and rob'd the Castle of Man and took the Lord O Donel Prisoner it seems he retir'd again to collect a greater Army and the Deputy after he had on Michaelmas day made one and thirty Knights in the Castle of Dublin 1314. and had taken the best care he could
to defend the Realm against the Scots was sent for to England and Sir Theobald de Verdon was made Lord Constable or Justice of Ireland Prin 259. 31 Dec. 1314. In whose time the King sent John de Hothum Clerk into Ireland to treat with the great Men there about the Kings Affairs and by him sent Writs in the Nature of Letters of Credence to Richard Earl of Vlster and all the rest of the Nobility by Name and a general Writ or Letter to the Lord Justice and the great Officers of State to the same effect Ibid. 260. and another Writ to assist him and to summon the Nobility to a general Meeting that Hothum might communicate the Kings Pleasure unto them He also sent Writs to the Lord Justice the Earl of Vlster and several other great Men to attend his Parliament in England and to appoint a sufficient Deputy or Keeper of Ireland till their Return Prin 261. And because the Words Vestrumque Concilium impensuri are omitted Mr. Prin observes rightly that these Irish Lords went as Commissioners or Agents from Ireland to inform the King and Parliament of the state of Affairs there and did not go to serve in Parliament as my Lord Cooke would have it 4 Inst 350. I do not find whether the Lord Justice went or not nor if he did what Deputy or Keeper of Ireland was appointed in his room but whoever had it did not keep the Office long for on the 27th of Febr. Sir Edmond Butler Frag. 5. 1315. Lord Justice returned and soon after viz. on the 25th of May 1315 Edward Bruce and six thousand Scots Landed near Carigfergus in Vlster with them joyned several of the Irish and together they marcht to Dundalk which they took and burnt on the 29th of June they also spoil'd Vrgile and drove most of the English out of Vlster To oppose them an Army was rais'd which rendezvouz'd at Dundalk July 22. But whether it were that the Scots were retired or that the English Commanders could not agree the Lord Justice return'd to Dublin and left the Earl of Vlster to pursue the Scots with whom that Earl had a Battel near Colrain Camb. 169. on the 10th of September and was defeated and many of the English slain and William Burk John Stanton and others were taken Prisoners This great Loss could not be recompensed with the slaughter of forty Scots which was performed by some English Mariners and therefore Bruce to follow his Blow caused his Army to besiege Carigfergus Septem 15. and sends his Brother William Bruce into Scotland for a Supply 1315. In the mean time the Irish every where insult over the unfortunate English and generally rebel throughout Vlster and Connaught they burnt Athloan October and Randan and Cathol Roe O Connor razed three Castles of the Earl of Vlster's in Connaught In November following the English under Roger Mortimer 1315. had another Battel with the Scots at Kenlis in Meath and were routed with great Slaughter by the Treachery of the Lacies Hereupon Bruce burnt Kenlis Granard Finagh and Newcastle and came to Loghsendy where he kept his Christmas and afterwards also burnt it thence he marched through the County of Kildare unto Rathingan Kildare Castle-Dermond Athy Raban and Sketheris where the Lord Justice accompanied by the Lord John Fitz-Thomas and many others encountred him on the 26th of January and was defeated by reason of some unhappy Fewds and Misunderstandings in the English Army Hereupon the Irish of Munster and Leinster rose in Rebellion and the Birns Tools and Moors burnt the Countrey from Arclow to Leix but the Lord Justice gave them a Rebuke and brought fourscore of their Heads to the Castle of Dublin Ireland being in so tottering a condition the King sent Sir John Hotham over again to take the Oaths and Hostages of the Nobility and Gentry that still remained loyal which was accordingly performed by the Lord John Fitz-Thomas afterwards Earl of Kildare Cambd. 171. Richard de Clare Maurice afterwards Earl of Desmond Thomas Fitz-John Poer Arnold le Poer Febr. 4. Maurice Rochford David and Miles de la Roch and many others 1315. And now both Armies were early abroad The Scots having burnt the Castle and Church of Ley did on the 14th of February rendezvouz at Geashil as the English did the same day at Kildare But the Scots for want of Provision were forced to return to Vlster nevertheless in their way they took Northburgh Castle and then sate down in their Quarters to that degree of quietness that Bruce kept Court and held Pleas there as if it were in times of the most profound Peace For the English Army had work enough nearer home and therefore the Lord Justice on the Scots retreat did likewise return to Dublin and there summoned a Parliament or general Assembly which reconciled some great Men then at odds cleared Walter Lacy of the Treachery imputed to him and established the Measures of carrying on the War And it was wisely done to begin with the Moroughs Tools and other Mountaineers of the County of Wicklow because they daily infested the City of Dublin and had destroyed both the Town and Country of Wicklow and because the Army was not strong enough to secure the City and at the same time to pursue the Scots 1316. the Success justified their Conduct for in April the Tories were defeated However the Scots were not so much neglected but that the Lord Thomas Mandevil was appointed to have an eye to them but he could but skirmish with them which he did valiantly Camb. 172. and kill'd Thirty Scots in one Encounter and was himself slain in another But Bruce came over with fresh Supplies from Scotland and so despised the small force of the English that in May he caused himself to be Crowned King at Dundalk 1316. and thereupon grew so insolent that he spared neither Churches nor Abbeys Women or Children found no Mercy at his hands but on the contrary he destroyed all that opposed him or that belonged to the English and he burnt great part of the Countrey as the Irish did the Church of Athird It was high time to encourage the English to their defence and the defence of the Kingdom and therefore as well to reward for Services past 1316. as to engage them for the time to come Selden 838. says Kildare's Patent is the ancientest Form of Creation he had seen the Lord Justice was made Earl of Carrick and John Fitz-Thomas was made Earl of Kildare May 14. 9 Ed. 2. and others received other Favours from the King The Burks and Geraldines were reconciled and every one in his station set himself manfully to the preservation of the Kingdom Richard de Clare and Bremingham had the better of the Irish in Connaught and slew many of them and about Whitsontide made a Sally into Munster and kill'd three hundred Irish there and the
Lord Justice was not less active in Leinster for he defeated O Morrough at Bally lethan and made a great Slaughter of the Rebels at Tristle Dermond and slew about four hundred of the Irish of Omayle There is a Writ in Mr. Prin's Animadversions on the 4th Institute Prin 261. too long to be here recited whereby it appears That an Englishman was punishable by Death for Killing Burning Theft or Robbery committed against an Englishman but an Irishman was only punishable at the discretion of the Brehon for Theft or Robbery of an Englishman but that in time the chief Governors did commute the punishment of any Felony even Murder of an Englishman for Money and thereby Witnesses were discouraged to testifie the Truth lest the surviving Felon might revenge it Therefore the Writ requires to assemble the Lords and COMMONS to advise c. In the same Writ is mentioned that the Irish petitioned for an Annual Parliament and because it is certain there were not Parliaments every year even in this Kings Reign Prin 263. Mr. Prin conceives that my Lord Cooke mistook that Petition for an Order for an Irish Annual Parliament which he says was at this time made but the Manuscripts M. and GGG at Lambeth 4 Insl 350. do agree with my Lord Cooke that there was such an Order But let us return to Bruce who on Midsummer-Day summoned Carigfergus and though eight Ships were sent thither from Tredagh yet the Garrison were reduced to the extremity of eating Leather and of feeding on eight Scots who were their Prisoners and so were at length forced by Famine to surrender in the latter end of August Nor did better News come from Connaught where O Connor defeated a Party of the English and slew the Lord Stephen of Exester Miles Cogan and eighty of the Barryes and Lawleys But this Misfortune was not long unrevenged Frag. 6. for on the fourth Day of August William de Burgo and Richard de Bremingham encountred Fylemy O Connor King of Connaught and a numerous Army of Irish near Athenry with prodigious Success for they slew the King of Connaught and eight thousand of his Men Aug. 1316. The Valour of Hussy a Butcher of Athenry was very remarkable on this Occasion for he fought with O Kelly and his Squire together and slew them both for which he was knighted and is Ancestor of the reputed Barons of Galtrim They say Athenry was walled with the Plunder of this Battle Cambd. 172. and that the brave Brimingham was made Baron of Athenry for this noble Service and his Heir is now the first Baron in Ireland About the same time viz. in August 1316. O Hanlon came for Contribution to Dundalk but the Townsmen under Robert Verdon who lost his Life in the Service entertained them so valiantly that O Hanlon was forced to leave two hundred of his Followers behind him About the end of August died the Noble Earl of Kildare Ibid. 173. and was succeeded by his Son Thomas On the fourteenth of September Ibid. Burk and Briminghan got another Victory in Conaught and slew five hundred Irish and their Captains Connor and the Mac Kelly and in the latter end of October John Loggan and Hugh Bisset routed the Scots in Vlster and slew one hundred with double Armour and two hundred with single Armour besides many of their naked Followers and sent Prisoners to Dublin Sir Alen Stewart Sir John Sandale Ibid. and other Scotchmen In December the Lacies procured themselves to be Indicted and Acquitted of introducing the Scots into Ireland and then had the King's Charter of Pardon Ibid. whereupon they renewed their Oath of Fealty and took the Sacrament to corroborate the same The Scots being joyned with the Irish of Vlster gathered a numerous Army computed to be near twenty thousand Men and in Lent they marched as far as Slane destroying the Country as they went The Earl of Vlster was then at S. Mary Abbey near Dublin but some Misunderstanding hapning between him and the Citizens 1316. Robert Notingham then Mayor of Dublin caused the Earl to be imprisoned in the Castle of Dublin and in the Fray seven of the Earl's Servants were slain and the Abby was spoiled and some of it burnt Hereupon Bruce marched toward Dublin Febr. 24. and took the Castle of Knock and the Lord Hugh Tyrrel in it who with his Wife were afterwards ransomed for a piece of Mony The Dublinians burnt the Suburbs to secure the City some Churches were destroyed in this Hurry and the Cathedral of S. Patricks did not escape But Bruce understanding the City was well walled and that the Citizens resolved to defend it he turned aside to the Naas being conducted and advised by Lacy notwithstanding his aforesaid Oath At the Naas they staid two Days spoiled the Churches opened the Tombs to search for Treasure and at last burnt the Town and thence marched to Castledermot Gauran and Callan destroying the Country as they went And what better could be expected when the King's Authority was so little regarded in Ireland that his Writ to bail the Earl of Vlster was disobeyed by the Mayor of Dublin Some of the Vlster-Men pretended an Aversion against the Scots Camb. 174. and desired Aid and Commission from the King they had the Commission at last and the King's Standard was delivered to them but they did more harm with it than the Scots had done they so behaved themselves if you believe my Author that they purchased the Curse of God and Man Bruce marched near Limerick to Kenlis in Ossory and about Palmsunday he came to Cashel and thence marched to Nenagh wasting all the Lord Justice's Estate in the Counties of Kilkenny and Typerary In the mean time the English Lords were Assembled at Kilkenny Davis 169. says Desmond was General and had gathered a numerous Army consisting of all sorts of thirty thousand Men and under the Conduct of the Lord Justice and Earl of Kildare designed to pursue the Scots 1317. when on Thursday in Easter-week there arrived at Youghal Roger Mortimer Lord Justice cum triginta octo Militibus who immediately sent word to the English Generals not to fight till he came but Bruce upon notice of his Arrival marcht toward Kildare and so to Naas and tho' he lurkt almost a week in the Woods near Trim to refresh his Men yet afterwards he made such haste that in the beginning of May he got into Vlster The Lord Justice seeing Bruce had retreated suffered his voluntary Army which the Irish call a rising out to return to their own homes the better to refresh themselves till a new Summons and went himself to Dublin and with the Lord Wogan Sir Fulk Warren and thirty Knights more he held a Parliament at Kilmainham where the deliverance of the Earl of Vlster was the chief thing treated of and it was at last effected at a second Meeting of the Parliament about
Whitsontide Prin 263. that Earl first taking an Oath on the Sacrament neither by himself his Friends or Followers to grieve those of Dublin for his Apprehension To all these Misfortunes was added that of a prodigious Dearth Wheat was sold for three and twenty Shillings the Cronoge Lib. P. Lambeth Oats six Shillings and Wine eighteen pence a Quart and other things proportionably so that many died for want The Lord Justice 1317. about Whitsontide marched to Tredagh and thence to Trim and sent for the Lacies who not only refused to come but murdered the worthy Messenger Sir Hugh Crofts but the Lord Justice soon revenged that Affront for he wasted the Lands and seized on the Goods of the Lacies slew many of their Men and drove themselves into Connaught and proclaim'd them Traytors and so return'd to Dublin by the way of Tredagh The Lord Justice had now leisure to assail O Fervil Cambd. whom he soon forced to submit as did also soon after O Birne tho' not till there was â—irst a Battle between the Lord Justice and the Irish of Omayle wherein the Irish were worsted In October the Archbales or Aspoles submitted to the Earl of Kildare and gave Hostages of their good Behaviour and in February Sir Hugh Canon Chief Justice of the Court of Common Pleas was murdered by Andrew Brimingham between the Naas and Castlemartin The Pope by his Bulls commanded a two years Truce betwixt the English and Scots but Bruce whose Quarters probably were so destroyed that they could not afford him subsistance refused to consent thereunto For about this time the Irish of Vlster were reduced to so great want that they took dead Folk out of their Graves Cambden and boyl'd their Flesh in their Skulls so that by reason of Famine and Sickness there escaped but three hundred of ten thousand men which were in Arms which my Author says was a Judgment on them for eating Flesh in Lent and other Wickednesses Not were the Men of Connaught in a mnch better condition for there happened a Feud between two of the Irish Princes there which occasioned the Slaughter of four thousand of their Followers On Shrove-Sunday the Lord Justice kept a great Feast in the Castle of Dublin and dubbed John Mortimer and four others Knights After Easter the Lord Justice received Command to repair to the King but before he went he had the bad News that the Lord Richard de Clare Sir Henry Capel Sir Thomas de Naas 1318. and two of the Cantons and fourscore others were slain by O Bryan and Macarthy on the 5th of May. This Lord Justice caused John de Lacy to be press'd to Death at Trim because he would not plead to the Indictment against him and then a Month after Easter he went for England being a thousand pound in debt to the Citizens of Dublin and he left in his room William Fitz-John 1318. Archbishop of Cashel Governor of Ireland in whose time great Plenty was again in that Kingdom and which was very strange new Bread was to be had on St. James's Day which was made of New Wheat of the same years growth Alexander Bicknor who was confirm'd Archbishop of Dublin was also sent over Lord Justice He landed at Youghal the 7th of October and soon after Bruce with about three thousand Men came to the Fagher within two Miles of Dundalk The Lord John Brimingham whom the Justice made General with many brave Captains and one thousand three hundred and twenty four good Souldiers marcht from Dublin to encounter him Cambd. 178. and they managed the Conflict so valiantly that they slew Bruce and two thousand of his Men On Calixâ—us Day and the General carried his Head to the King and was therefore made Earl of Louth and had twenty pound per annum Selden Titles of Honour Creation-Money and the Mannor of Athird granted to him Et sic per dextram Dei manus communis Populi liberatur populus Dei à servitute machinata praecogitata Lib. rub Scac. Dub. and so ended the Scotch Government in Ireland It is observable that the Primate of Armagb was at this Battel and came purposely to absolve bless and encourage the Royalists and it ought not to be forgot that a valiant Captain John Maupas was so resolute to destroy the usurping Prince that he rushed into the Battel with that Design and was after the Fight found dead stretcht on the dead Body of Bruce Roger Mortimer 1319. Lord Justice return'd from England and about Allhallontide the Pope sent over Bulls to excommunicate Bruce at every Mass The Towns of Atheisel and Plebs were burnt by John Fitz-Thomas Nappagh and the Bridges of Leighlin and Kilcullen were in this or the following year built by Maurice Jake Cannon of Kildare but it was not long before the Lord Justice made another Voyage to England and left in his room Thomas Fitz-John Fitz-Girald 1320. Earl of Kildare in whose time Bicknor Archbishop of Dublin obtained Bulls from Pope John 22th to erect an University at Dublin and St. Patrick's Church was appointed to be the publick place of their Exercise and it is observable that the King granted to this Earl of Kildare Lib. GGG Quod possit recipere ad Legem Angliae omnes homines Hibernos Tenentes suos qui ad eandem venire voluerunt Nor must it be forgotten 1319. That Pope John the 22th did by his Bull 12 Ed. 2. acquit and discharge the Crown of England from the Tribute or Peterâ— pence Lib. ZZ Lameth claim'd by the Holy See out of the Kingdoms of England and Ireland On the Ninth Day of May 1321. the People of Leinster and Meath gave a great Overthrow to the O Connors at Balibogan Frag. 7. and the Earl of Carrick died about the same time at London and was buried at Gauran not far from Kilkenny and not long after John Bermingham 1321. Earl of Louth was made Lord Justice Rex concessit Johanni Comiti Louth Officium Justiciarii Regis Hibern cum Castris aliis Pertinentiis 14 Ed. 2 par 2. Pat. in Tur. Lond. durante beneplacito Percipiendum per annum ad Scaccarium Regis Dublin 500 Marcas pro quibus Officium illud Terram custodiet erit ipse unus de viginti hominibus ad Arma cum tot equis coopertis continue durante custodio supradict The King on the Third of April 1322. in the 15th Year of his Reign wrote to the Lord Justice to meet him at Carlisle in Octab. Trin. following with three hundred Men at Arms a thousand Hoblers and six thousand Footmen armed with a Keton Lib. Lambeth a Sallet and Gloves of Mayl to serve against the Scots besides three hundred Men at Arms which Richard de Burgo Earl of Vlster had for his own share undertaken to conduct and though the English suffered a Defeat by O Nolan so that
Elizabeth the Seventh Daughter of K. Edw. the First and was at the Parliament at Northampton Created Earl of Ormond And yet I have seen a Patent Dated 6 Edw. 3. Lib. G. Lambeth and exemplified 38 Edw. 3. Whereby James Butler is Created Earl of Ormond and Ten Pound per annum out of the Fee-Farm of Waterford granted to him for Creation-Money And now the Lord William Burk and Arnold Poer returned into Ireland and a Parliament was call'd at Dublin to compleat the Reconciliation between them on the one side and the Butlers Geraldines and Birminghams on the other which it seems was begun at the aforesaid Parliament at Northampton and now effected at this Parliament in Ireland Whereupon the Earl of Vlster made a great Feast in the Castle of Dublin and the next day after the Lord Maurice Fitz-Thomas did the like at St. Patricks-Church although it was in the time of Lent But a strange Accident fell out at this Parliament for the Lord Justice was forc'd to purge himself of Heresie Camb. 182. which the Bishop of Ossory laid to his Charge because he had abetted one Sir Arnold Poer whom the Bishop had condemned of certain Heretical Opinions But the Lord Justice made appear that the Bishops Proceedings were partial and unjust in favour of a Kinsman of the Bishops who began the Quarrel with Poer and that therefore he the Justice supported the Cause of the Oppressed and so after a very solemn Purgation the Lord Justice was acquitted and declared a true Son of the Church whereupon he made a great Feast for all Comers Nevertheless the unfortunate Poer who had been taken by the Kings Writ De Excommunicato capiendo grounded on the Bishops Certificate died in Prison before this Matter was fully adjusted and his Carcass was a long time kept above ground and unburied because he died unassoiled Sir John Darcy 1329. Lord Justice in whose time Macoghegan of Meath and other Irishmen of Leinster O Bryan of Thomond and his Confederates in Munster broke out into Rebellion and yet this common Calamity could not unite the English although their own Experience had taught them and frequent Instances have convinced the succeeding Ages since that the English never suffered any great Loss or Calamity in Ireland but by Civil Dissentions and Disagreement amongst themselves June 10. 1329. when the Earl of Louth and many other of the Birminghams Talbot of Malahide and an hundred and sixty Englishmen were murdered by the Treachery of their own Countreymen the Savages Davis 135. Gernons c. at Balibragan in Vrgile and when the Barryes and Roches in Munster did as much for James Fitz-Robert Keating the Lord Philip Hodnet Fragm 10. and Hugh Condon with an hundred and forty of their Followers what wonder is it if Macoghegan defeated the Lord Thomas Butler and others August 8. near Molingar to their loss of an hundred and forty of their Men Or if Sir Simon Genevil lost seventy six of his Soldiers in Carbry in the County of Kildare or if Brian O Bryan ravaged over all the Country and burnt the Towns of Athessel and Typerary However Holingsh 70. the Irish grew so Insolent and Outragious upon these small Victories that they shewed but little regard to God or Man In the Church of Freinston they found about fourscore People at their Devotions Cambden ad annum it seems the miserable Wretches well acquainted with the cruelty of these ungovernable Soldiers did not expect to escape their Fury 1331. and therefore made it their only Petition to save the Life of the Priest Lib. P. Lamb. but these Ruffians were deaf to all Supplications for Mercy the Priest was the first Man they wounded and after they had spurned the Host with their Feet they compleated their Sacrilege by burning the Church Priest People and all Nor did they regard the Ecclesiastical Censures nor the Pope's Interdict which afterwards issued against them on the contrary in all their Actions they manifested an entire contempt both of Ethicks and Christianity so that one would think the Poet prophesied of these Men when he said Nulla fides pietasve viris qui castra sequuntur But Pride will have a fall and Providence will certainly triumph over the Wickedness of Men in a proper Season and commonly Methods unexpected whereof this unruly Multitude is one Instance For the Men of Wexford by their imminent Ruine rendred desperat entertain'd a Skirmish with this formidable Rabble Cambd. 185. and had the good Luck to kill four hundred of them and the rest surprized with a pannick Fear on this unexpected Defeat ran away in such a confused and hudling manner that most of them were drowned in the River Slane and have left a just Occasion for this true Remark That huffing and insolent Men are always Cowards and if this be true any where in the World it is true in Ireland Camb. 183. Sir Philip Stanton had the ill Luck to be slain by the Irish and Sir Henry Traherne by the Means of Onolan was surprized in his own House at Kilbeg But in Revenge of it the Earl of Ormond burnt Foghird in Onolan's Country and the Lord Justice prosecuted the O Birnes so effectually that after the Slaughter of some of the best of them they were forced to submit But the Lord Justice finding himself too weak to deal with such a vast number of Rebels as were now in Arms in all parts of the Kingdom he invited Maurice afterwards Earl of Desmond to take the Field and promised him the King's Pay January 1329 Maurice came accordingly with a very considerable Army Fragment 9. and advanced against the Onolans he routed them and burnt their Country so that they were forced to submit and give Hostages He did the like to the O Morroughs and took the Castle of Ley from the O Dempsâ—es But the Lord Justice was not ablâ— to pay so great an Army being near ten thousand Men 〈◊〉 therefore he was fain to connive at their extorting Coyn anâ— Livery which now was first practised by the English But the Irish had used that barbarous Oppression long before and perhaps from the beginning as appears by the fourth Constitution of the Synod of Cashel Ante pag. 23. I have seen the Copy of a Patent Lib. CCC dated March 1. 3. Edw. 3. Lambeth constituting the Earl of Ormond Lord Lieutenant of Ireland but I find nothing more of it any where else But the same Year Typerary was made a Palatinate The Irish had again petitioned the King for a general Liberty to use the English Laws Davis 103. whereupon the King sent a Writ to the Lord Justice 22 Aug. to consult the Parliament in Ireland 2 Edw. 3. and to advise him of their Opinions in that Matter And by another Writ of the same Date the King orders the Justice and the Chancellor to supervise the Exchequer twice every
Year And it seems there was also a Parliament at Dublin this Year Prin 266. wherein it was ordained That the King's Peace should be fully kept and that every Nobleman and Chieftain should keep in his own Sept. Retinue and Servants Roger Outlaw Prior of Kilmainham was made Lord Deputy 1330. and kept the Kingdom quiet ' all the Summer and the Winter was so stormy and wet that nothing could be done till January and then the Macoghegans began to be troublesome again in Meath but the Earls of Vlster and Ormond gave them a Defeat near Loghynerthy about Lent whereupon they were so enraged that they burnt fifteen Villages but they paid for it in another Skirmish wherein three Irish Lords Sons and one hundred of their Followers were slain This Year a Parliament was holden at Kilkenny Pryn 267. at which were present Alexander Archbishop of Dublin the Earls of Vlster and Ormond the Lord William Birmingham and the Lord Walter Burk of Connaught and each of these brought a considerable Power with him to pursue O Brian and expel him from Vrkiffe near Cashil It seems this great Army march'd to Limerick and that the Burks did prey some of the Giraldines Lands in their March whereupon such Fewds arose between those Families that the Lord Justice was necessitated to confine the Earl of Vlster and Maurice of Desmond to the Custody of the Marshal at Limerick but Maurice quickly found means to escape and thereupon 't is probable the Earl was also enâ—arged It seems that both of them went to England But what became of this mutinous Army Frag. 9. I find no mention save that an anonymous Author reports Quod nihil perfecerunt But the next Year was more propitious 1331. for on the twenty first of April the English gave the Irish an Overthrow in O Kensâ—le And in May the English at Thurles defeated O Brian and slew many of his Followers And about the same time O Tool came to Tullagh and robbed the Archbishop of Dublin took three hundred of his Sheep and killed some of his Servants Upon notice of it Sir Philip Britt and others sallied out of Dublin but they were too forward and careless so that they fell into an Ambush in Culiagh and were most of them slain whereupon the Irish were elevated to that degree Cambd. 184. that they attacked the Castle of Arklow and took it but the Lord Birmingham with a smart Party undertook them and mortified them to the lowest degree of Submission and might have ruined them if he had not trusted to their false Promises Sir Anthony Luey 3 June 1331. a Man of great Authority in England was sent over Lord Justice he brought with him the Lord Hugh de Lacy who was now pardoned and in some Favour He also brought the King's Letters to the Earl of Vlster and others of the Nobility to give their best assistance to him the Lord Justice The Lord Justice designed by a severe Government to correct and reform the Distempers of those Times but alass it was too great an Undertaking for one Man and required more time than he had to spend in Ireland However his Government was auspicated with a Victory which those of the English Pale on the eleventh of June obtained over the Irish at Finnagh in Meath And though there was a great Dearth and Scarcity still continuing yet it was somewhat moderated by the great Plenty of large Fishes called Thurlehides sent by Providence into the Bay of Dublin in a prodigious number for the relief of the Poor A Parliament was summoned to meet at Dublin at Mid-summer by which it is manifest that they did not hitherto practise the formality of forty Days Summons the Appearance was so thin that the Parliament was adjourned to Kilkenny to the seventh of July And thither came Thomas Earl of Kildare and others that were not at Dublin and were freely pardoned what was past being first sworn on the Holy Evangelists and the Reliques of the Saints to Allegiance and Preservation of the peace for the future But in August the Lord Justice received the bad News That the Irish had taken and burnt the Castle of Ferns Whereupon he grew jealous That some of those English Lords that absented themselves from the Parliament at Kilkenny did underhand abet the Irish or else they durst not so frequently rebel and therefore he resolved to apprehend as many of them as he could get And first Henry Mandevil was by Warrant from the Chief Justice taken in September and Maurice of Desmond being arrested in Limerick in the beginning of October was by warrant from the Lord Justice and Council brought to Dublin Walter Burk and his Brother were seised in November and William and Walter Birmingham were secured in Clonmel in February following and afterwards sent to Dublin It seems there was more than bare Suspicion in this Matter for the Lord William Birmingham who had often done good Service for his King and Country was nevertheless executed the eleventh of July 1332. and his Son Walter had not escaped but that he was in Orders and Maurice of Desmond was likewise kept in Prison a Year and a half and then discharg'd upon very great Bail and sent into England to the King But let us look back to the third of March 1331. at which time the King and Parliament of England made Ordinances and Articles for the Reformation and Tranquility of Ireland and sent them thither in haec verba REX Justic Pryn 267. Canc. Thes suis Hibern salutem Mandamus vobis quod articulos subscriptos quos pro emendatione status Terrae nostrae Hiberniae quiete tranquilitate populi nostri ibidem per advisamentum Concilii nostri in ultimo Parliamento nostro apud Westmon tento ordinavimus in dicta Terra Hiberniae quantum ad vos attinet teneatis observetis per alios fideles nostros dictae Terrae teneri observari faciatis Tenor autem articâ—â—â—orum praedictorum talis est Imprimis Justiciarius qui nunc est vel pro tempore fuerit non concedat Cartas Pardonationis de morte hominis nec roberiis incendiis aliquibus nisi de roberiis incendiis ante festum Paschae anno regni Domini Edwardi Regis Angliae tertii post Conquestum quinto perpetratis Et quod de caetero certificet Regem de nominibus hujusmodi Pardonationes petentium de avisamento suo quod Rex faciat inde voluntatem suam quod nullus in Terra Hiberniae ex nunc faciat tales Pardonationes infra libertatem extra sub gravi forisfactura Domini Regi Item Quod dictus Justic de caetero non concedat tuitionem pacis felonibus ad silvam existentibus Item Quod una eadem lex fiat tam Hibernicis quam Anglicis excepta servitute Betagiorum penes Dominos suos eodem modo quo usitatum est in Anglia de Villanis Item
make them seek Peace yet he was in no wise able to reduce them to the Obedience of Subjects or enlarge the Limits of the Pale however what he did was held so considerable that the Lords and Gentlemen of the Pale made Certificate of this great Service in French to the King Nevertheless the Army was so ill paid in this March that the Subject suffered more from the Cess of the Souldier than they gained by this small and temporary mortification of the Irish and this was the common Calamity from hence forward so that Necessity revived Coyn and Livery again by degrees notwithstanding that it remained Treason by Act of Parliament In August the Parliament met at Dublin 1415. and sate six weeks during which time the Irish followed their usual Course of falling upon the English and killed Thomas Ballymore of Ballyquelan and many others and on the 22th day of October the King obtained a most glorious and entire Victory over the French at the Battel of Agincourt But the Parliament was adjourned to Trym 1416. and there it sate on the 11th of May and continued seven days and gave the King a Subsidy of four hundred Marks in Money and the next year the Prior of Kilmainham with sixteen hundred Irish went to aid the King in France 1417. they Landed at Harslew in Normandy and did the King very good Service But I should have remembred That the King and Parliament at Westminster anno 1413. did Enact That for the Peace and Quietness of England and for the encrease and enstoring of Ireland That all Irishmen Irish Clerks Beggars and Chamberdekins be voided out of England before All-Saints next Lib. M. except Graduates in Schools Sergeants and Apprentices at Law and such as be Inheritors in England and Religious Persons professed and Merchants of good Name and Apprentices now dwelling in England and those whom the King will dispense with and that all Irishmen who have Offices or Benefices in Ireland shall dwell in Ireland for the defence of the Land And now 4 Hen. 5. Lib. M. It was likewise Enacted in England that all Archbishops Bishops Abbots and Priors of the Irish Nation Rebels to the King that shall make any Collation or Presentment to Benefices in Ireland or bring with them any Irish Rebels among the Englishmen to the Parliament Councils or other Assemblies within the same Land to know the Privities or States of the Englishmen their Temporalities shall be seized till they fine to the King and that the Governors of Ireland be defended and restrained to grant such Benefices or Pardons in the case to Irish Persons not English and that such Licenses shall be void There is very little recorded of the Year 1418 1418. and it is scarce worth mentioning That the Lord Lieutenant did spoil the Tenants of Henry Crus and Henry Bethel probably for some Misdemeanor by them committed against the Government But the Year 1419. 1419. will afford us more Matter for on the last Day of May the Lord Lieutenant accompanied by the Archbishop and Mayor of Dublin razed the Castle of Kenun having a little before in the same Month taken Prisoner Mac Morough the chief Captain of his Nation and on the 20th of June the Lord William de Burgh took O Kelly and slow five hundred Irish in Connaught but the Lord Lieutenant was sent for to England and substituted his Brother Richard Talbot Archbishop of Dublin Lord Justice or Deputy He held a Royal Council i. e. a Parliament at the Naas which gave a Subsidy of three hundred Marks On Maundy-Thursday O Tool took four hundred Kine from Ballymore and so broke the Peace contrary to his Oath but it fared worse with the Irish at Rodiston where thirty of them were slain by the English under the Command of the Lord Justice but on the 4th day of April Landed at Waterford James 1420. Earl of Ormond Lord Lieutenant His Commission is very large and beareth Date the 10th of Febr. 7 Hen. 5. and is to be seen Pryn 412. He held a Council at Dublin the 23th of April and summoned a Parliament to meet the 7th of June which did accordingly then meet and sate sixteen days and gave the King a Subsidy of seven hundred Marks and adjourned to Monday after S. Andrews Day and at that Session they gave another Subsidy of three hundred Marks and the publick Debts contracted by the Lord Talbot were paid and then they were Adjourned to the Monday after S. Ambrose's Day But it will be convenient to shew the Reader who paid these Subsidies and what their respective Proportions were and thereby he will perceive the vast Alteration for the better that is made in the State of Ireland since those Days This Subsidy was called Tertium Subsidium and was applotted thus Lib. CCC Â Lib. s. d. The Clergy of the County of Wexford 13 06 08 The Commons of Kildare 34 10 05 The Clergy of Kildare 04 02 10 Commons of Typerary 08 11 04 Clergy of Cashel 00 19 04 Commons of Limerick 02 03 00 Clergy of Limerick 00 08 01 Kingsale 01 16 08 Â Mar. s. d. Meath Liberty 83 00 00 Clergy of Meath 40 00 00 Clergy of Dublin 11 11 08 Drogehda 04 03 00 Commons of Carlow 04 01 04 Clergy of Ossory 02 00 11 Commons of Kilkenny 18 05 11 Commons of Louth 25 12 05 Clergy of Ardes 08 08 09 Commons of Dublin 40 10 00 City of Dublin 06 10 00 Clergy Cathedral of Dublin 11 11 08 Cork 02 02 00 On the 28th of October Thomas Fitz-Girald took Colmolin Castle and the Parliament met again according to Adjournment on Monday after S. Ambrose's Day and ordered that the Archbishop of Armagh Sir Christopher Preston and others should go Commissioners to the King to desire a Reformation of the State of the Land At this Parliament John Gese Bishop of Lismore and Waterford accused Richard O Hedian Archbishop of Cashel of Thirty Articles the Principal of which were First Ware de Praesul 170. That he loved none of the English Nation nor gave any Benefice to any Englishman and that he counselled other Bishops to do the like Secondly That he had counterfeited the Great Seal Thirdly That he designed to make himself King of Munster Fourthly That he had taken a Ring from the Image of S. Patrick which the Earl of Desmond had offered and gave it to his Concubine c. There was also a Contest between Adam Pory Bishop of Cloyne and another Bishop but it is probable that the former Accusation was suppressed because we find no farther Proceedings upon them and because the Archbishop seems to have been a more generous sort of Man for he not only repaired the Cathedral of Cashel and a Mansion-House or two for his Successors but also was otherwise a great Benefactor to that See and liberal to Pious Uses and the later Contest was transmitted to Rome But we should return
alias Castlemore Rathgogan Bever Shandon Dofglass Ocorbelethan Kyrricurry c. and though it is manifest by innumerable Records That the Kingdom of Cork did by the Heirs General descend to Carew and Courcy who are charged in the Exchequer for the Crown-Rent of it for many Years viz. sixty Pound a piece per annum yet this Conveyance from Cogan the Heir-Mail was Pretence enough in those Times for the powerful Earl of Desmond to seize on that great Estate Richard Talbot 1440. Archbishop of Dublin was again Lord Justice and held a Parliament at Dublin Friday after the Feast of S. Dunstan at which it was enacted I. That no Purveyor or Harbenger should take any thing without Payment And if he did the Proprietor might resist II. That Comrick or Protection of Tories be Treason III. That charging the Kings Subjects with Horse or Foot without Consent is Treason IV. That the Party who desires a Protection cum clausa Volumus shall make Oath in Chancery of the Truth of his Suggestion c. But to make Provision for War Davis 52. in lieu of the former Exactions it was enacted That every twenty Pound-worth of Land should be charged with the furnishing and maintaining an Archer on Horseback This Lord Justice resigned to James Eaâ—l of Ormond Lord Lieutenant who the same Year surrendred to Lion Lord Wells Lord Lieutenant who probably did not come to Ireland but deputed James Earl of Ormond Ware de Praesulibus 170. Lord Deputy He had the Temporalities of the See of Cashel granted to him for ten Years after the Death of O Hedian and kept the Government of Ireland until William Wells 1442. Esq was made Lord Deputy to his Brother the Lord Wells Ibid. 115. In his time a Parliament was held at Dublin which sent Richard Talbot Archbishop of Dublin and John White Abbot of S. Maries to the King to represent the Miserable Estate and Condition of Ireland whereby the Publick Revenue was reduced so low Lib G. that it was less than the necessary Charge of keeping the Kingdom by one thousand four hundred and fifty six Pounds per annum And soon after James Earl of Ormond was made Lord Lieutenant 1443. and 23 Hen. 6. obtained a Licence to be absent for many Years without incurring the Penalty of the Statute of 3 Rich. 2. of Absentees and to him a Writ was sent 20 H. 6. to eject John Cornwalsh and to place Michael Griffin Chief Baron in his room because the King had granted him that Office for Life though the other had a prior Patent from Ormond This Lord Lieutenant was a fast Friend to the Earl of Desmond who probably was of his Faction against the Talbots between whom and the Butlers the Feud was so great so general and so violent that no Justice could be had or any business done for a long time because either Party as it got Advantage oppressed the other 23 Hen. 6. in Turri London pars 2. m. 12. to the utmost degree It was about this time that James Earl of Desmond obtained a Patent for the Government or Custody of the Counties of Waterford Cork Limerick and Kerry And not long after for his good Service in keeping those Counties in Peace and upon Pretence that he could not conveniently be absent from that Charge and that it was dangerous for a Man so hated by the King's Enemies as he pretended to be to travail to Dublin he obtained a Licence To absent himself during Life from all future Parliaments sending a sufficient Proxy in his stead And also to purchase any Lands he pleased by whatsoever Service they were holden of the King And this is the true Foundation and all the Grounds of that fantastical Privilege claimed by the succeeding Earls of Desmond Of not coming into walled Towns nor to Parliament but when they please And since that time this Example has been so infectious that it is no strange thing in Ireland to find a Tenant at Will pretend a Title and a Lessee to claim an Inheritance and he that has a Right to something confidently to usurp more But the Faction of the Talbots began to get Ground among the People it being in the nature of Mankind to be mutinous against an uneasie Government be the Fault where it will for the Multitude consider what they feel and cannot penetrate into the Cause or Cure of their Grievances and therefore they naturally fall upon the most obvious Remedy which is the change of the Governour In order to remove the Lord Lieutenant some of the Lords and more of the Commons petitioned the King seting forth That the Earl of Ormond was old and feeble and had lost many of his own Castles for want of Defence and therefore was not likely to maintain much less enlarge the King's Possessions in Ireland Secondly That he made such of his Irish Servants Knights of Shires as would not consent to any good Law and that he dispensed with the Absence of the Lords from Parliament for Mony Thirdly That he sent several Subjects Prisoners to O Dempsy's Castle and forced them to pay Ransom Lib. M. And therefore they desired he might be superseded and at length prevailed to have it so although the Bishop of Cork and Cloyne the Dean and Chapter of Cork the Corporations of Cork and Youghal the Lords Barry Roch and others gave a full Testimonial of the great Services the Earl of Ormond had done And John Talbot 1446. Earl of Shrewsbury was not only made Lord Lieutenant but also on the seventeenth of July 24 Hen. 6. the King granted to him the City and County of Waterford and the Dignity and Stile of Earl of Waterford together with Jura Regalia Wreck c. from Youghal to Waterford because that Country is wast Et non ad proâ—icuum sed ad perditum nostrum redundat And the Patent is Per breve de Privato Sigillo authoritate Parliamenti This Lord Lieutenant held a Parliament at Trim 1447. on Friday after the Epiphany at which it was enacted I. That any Officer may travail by Sea from one Part of Ireland to another without forfeiture or any where with Licence II. That no Toll or Customs shall be taken in High-ways but only in Cities and Towns according to Right on Pain of paying twenty Shillings for every Peny III. Every Man must keep his Upper-Lip shaved Repealed 11 Car. 1. cap. 6 or else may be used as an Irish Enemy IV. If any Irishman that is denized Repeal ibid. kill or rob he may be used as an Irish Enemy and slain by this Act appears the Inconvenience of those Denizations V. Against unlawful coyn Repeal ibid. O Reyly's Mony clipt Mony and gilt Harness or Armour VI. That the Sons of Husbandmen and Labourers shall follow their Fathers Calling or Occupation VII That Lords of Parliament in Pleas Real or Personal shall not be amerced more than others VIII To
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
another Parliament at Dublin by the Title of Lord Deputy to Henry the King 's second Son who it seems was about this time made Lord Lieutenant but there is no Record remaining of what they did except some Amercements or Fines they imposed on some that were summoned to that Parliament and did not appear The Lord Deputy began the Year 1499 with an Expedition into Connaught 1499. where he took the Castles of Athleage Roscomon Tuilsk and Castlereagh and placed Garrisons in them And in the mean time Tirlagh O Brian who after the Death of Gil-duff was Chief or Lord of Thomond had great Contests with Sir Pierce Butler about Preys and Bounds of Land which according to the Custom of these Times centred in a Battle wherein the Butlers were defeated and the Sovereign of Kilkenny was slain It seems that there was another Parliament held at Castledermond which Town I suppose was then and still is belonging to the Earls of Kildare on the twenty sixth of August which gave the King and his Heirs an Impost of twelve Pence per Pound of all Merchandize imported to be sold here Irish Stat. 43. Wine and Oyl excepted And it is probable That there were some Orders if not Acts That the Nobility should ride on Saddles Ware 's An. 60. according to the English Custom and should wear their Robes in Parliament And both the Clergy and Laity gave the King a Subsidy The Printed Book of Statutes has only the first of these Acts and places the Parliament in anno 1500. which is undoubtedly a Mistake And Sir James Ware ascribes the aforesaid Act against Customers to this Parliament which is also a Mistake And both these Oversights will appear and 〈◊〉 rectified if you rightly consider the beginning of the King◠Reign the twenty second of August 1485. and that the Earl of Kildare was Lord Lieutenant 14 Hen. 7. when 〈…〉 Act was made and was Lord Deputy when the later 〈…〉 sate And that this change of his Title happened 〈…〉 later end of the Year 1498. It seems that the Male-contents in Ireland having los◠their beloved Idol Perkin Warbeck would not so give out but were active to set up the Bastard-Son of Richard the Third or some body that should personate him but it came to nothing And so we are come to the Year of Jubile 1500. which concludes the Fifteenth Century and brought with it large Indulgences from the Pope Alexander the Sixth to be distributed by his Agent Gasper Pow to all the King's Subjects who would contribute to the War against the Turks but if we may believe Polydor Virgil the Irish had the good Manners to thank the Pope for his Favour and the Wit to keep the Money in their Purses But the Lord Deputy made another Expedition into Vlster probably in favour of his Nephew Tyrlogh O Neal for as soon as he had taken the Castle of Kinard he made Tyrlogh Governor of it and returned On the First of August the Charter of Cork was restored and their Priviledges enlarged by a new Charter which was followed by a sad Accident for David Barry Arch-Deacon of Cork and Cloyne murdered his own Brother William Lord Barry and was himself serv'd in the same kind by Thomas Barry and his Body taken out of the Grave and burnt by Command of the Earl of Desmond And so we must close this Century with the accidental and unfortunate Conflagration of the Town of Galway which was first governed by a Provost then Sovereign and Bayliffs then Mayor and Bayliffs and now by Mayor and Sheriffs and with very wet and bad Weather which continued from the middle of September to the End of Winter Leinster and Munster were indifferent quiet all this Year 1501. but Vlster and Connaught were far otherwise one of the O Connors took the Castle of Sligo by Assault and many private Murders were committed in Vlster O Neal also and the Scots had some Bickerings near Armagh on the 17th of March to the Damage of the later who lost four Captains and sixty Souldiers and to this time we must refer these Bald Verses representing the miserable Estate of Armagh Civitas Armachana Civitas vana absque bonis moribus Mulieres nudae Carnes crudae Paupertas in Aedibus The next Year produced a General Murrain amongst the Cattel all over Ireland and many Murders in Vlster upon private and frivolous Quarrels But in the beginning of the Year 1503. 1503. the Lord Deputy went to England leaving Walter Fitz-Symons Archbishop of Dublin Lord Deputy but he staid not above three Months in England for having done his Business to his Mind he return'd in August with great Honour and new Instructions Girald Earl of Kildare Lord Deputy being returned did about the latter end of Autumn make another Expedition into Vlster where he took and destroyed the Castle of Belfast and placed one Stanton and a good Garrison in Carigfergus and then marched back to Dublin In the mean time Theobald Burk Proprietor of Muskry-Cuirk in Munster was slain in a Skirmish with Donough O Carol and Cornelius O Dwyer but another of the Burks had better Fortune in Connaught for he defeated Malachiah O Kelly and all his Party On the 18th of February Girald Fitz-Girald the Lord Deputy's Eldest Son was made Lord High Treasurer of Ireland of whom we shall read more hereafter But the Irish Lords finding themselves too weak separately to oppose Kildare as they used to do to other Governors many of them confederated together the Principal of them was Vlick Burk Chief of Clanricard commonly called mac-Mac-William Tyrlogh O Brian Chief of Thomond Melrony O Carol c. and got together the greatest Army that had been in Ireland since the Conquest whereof the Lord Deputy having notice he also assembled his Forces and being accompanied by the Lords of Gormanstown Slane Delvin Killen Houth Trimletston and Dunsany John Blake Mayor of Dublin O Donel O Reyly Ware 71. the Bishop of Ardah the Gentlemen of Annaly now Longford and some Townsmen of Drogheda and some others from the North he marched into Connaught and on the 19th of August at Knocklow both Parties met and fought a bloody Battel 1504. which was for some hours very dubious but at last the Lord Deputy got the Victory with the Slaughter of four thousand of his Enemies nine thousand says the Book of Houth and he also took some Prisoners amongst whom the two Sons of Vlick Burk were the chiefest it is prodigious that not one Englishman should be so much as hurt in this mighty Battel and yet in the white Book of the Exchequer it is so recorded Holingshead 79 The Consequence of this great Victory was the Surrender of Gallaway and Athenry the Destruction of that whole Country and the overloading the Conquerors with Prey and Booty Kildare being returned bestowed thirty Tun of Wine upon his Souldiers and the King bestowed a Garter on him and made him a
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
agrorum spoliatores per viam and Rape shall be punished with Death without Mercy 16. That no Man shall meddle with any Ecclesiastical Officer or Benefice but pay all their Tithe punctually and half Tithe of the Fish taken by Foreigners on the Coast 17. That Noblemen shall have but twenty Cubits or Bandles of Linnen in their Shirts Horsemen eighteen Footmen sixteen Garsons twelve Clowns ten and that none of their Shirts shall be dyed with Saffron on pain of twenty Shillings 18. That the Lord or Gentleman into whose Country a Theft is traced must trace it thence or make restitution 19. No Histriones Mummers or Players at Christmas or Easter Lastly The Earl of Ormond in the Counties of Waterford Typerary and Kilkenny and the Earl of Desmond in the rest of Munster are made Custodes Executores of these Ordinances with the Assistance of the Bishop of Cashel But we must not leave the Year 1541 Sullevan 79. until we have informed the Reader That Robert Wachop titular Archbishop of Armagh who is famous for riding Post the best of any Body in Christendom although he was blind from his Cradle did this Year introduce the Jesuites into Ireland by the Favour and Countenance of Pope Paul the third John Codur was the first of the Society that went thither and was followed by Alphonsus Salmeron Paschasius Broet and Francis Zapata and the observing Reader will easily perceive the dismal and horrible Effects of that Mission which hath ever since imbroiled Ireland even to this Day But the King to obviate the Designs of the Papacy and to assert his own Supremacy which was his Right by Common Law and was also declared and established by Act of Parliament caused all the Irish that submitted to him to renounce the Pope's Usurpations and to own the King's Supremacy by Indenture O Connor and O Dwyn or Dyn were two of the first that complied with this Form and their Example was followed by O Donel who by his Indenture of the sixth of August Lib. D. 33 Hen. 8 Covenants Quod renunciabit relinquet adnihilabit proposse suo usurpatam Authoritatem Primaciam Romani Pontiâ—icis sibi adherentes nullo modo acceptabit proteget aut defendet nec in patria sua illos aut aliquem illorum permittet sed omni industria diligentia illos quemlibet illorum expellet ejiciet eradicabit aut ad subjectionem dicti Domini Regis successorum suorum coercebit constringet Brian mac Mahon did the like the fourteenth of August And in January O Neal came to Minooth and did the same the thirteenth of May O More perfected his Indenture And on the twenty fourth of May 1542. 34 H. 8. Hugh O Kelly Abbot of Knockmoy surrendred that Abby and made his submission by Indenture in the Form aforesaid Moreover he covenanted to furnish the King with sixty Horse and a Battle of Galloglasses and sixty Kern when the Lord Deputy comes to Connaught and with twelve Horse and twenty four Kerne anywhere out of Connaught and so that Abby was granted to him during Pleasure O Rourk submitted the first of September and Mac Donel and Mac William did the like the eighteenth of May 1543. But because all these Indentures are to be found registred in the Red Book of the Privy Council of Ireland I will trouble the Reader only with the Substance of one of these Indentures by which he may easily guess at the rest HAec Indent Lib. D. fact 26. die Septembris 34 Hen. 8. inter prenobil Vir. Ant. Saintleger Jacobum Comit. Desmoniae Will. Brabazon Arm thesaur ad Guerras Subthesaur Reg. Hiberniae Johannem Travers Armig. magistr ordinatium Osborn Echingham milit mariscallum c. ex una parte Dom. Barry alias Great Barry Mac Cartymore Dom. de Rupe alias Lord Roch Mac Carthy Reagh Thadeum Mac Cormock Dom. de Musâ—ry Barry Oge alias the young Barry O Sullevan Bear suae Nation Capit. Donald O Sullevan suae Nation Primum Barry zoe alias the Red Barry Mac Donough de Allow suae Nation Capit. Donaldum O Callaghane Nationis suae primum Geraldum filium Johannis milit ex altera parte Testatur Quod predict Dominus Barry c. conveniunt concedunt consentiunt pangunt pro seipsis conjunctim divisim haered successor assignat Tenent sequacibus suis ad cum dicto Deputat c. quod tenebunt perimplebunt omnes singul Articulos conventiones pacta condiciones quae in hiis Indentur continentur ex parte eorum c. Imprimis Ipsi quilibet eor recognoscit Regiam Majestat predict haeredes successores suos Reges esse Naturalem ligeum Dom. suum illumque illos secundos post Deum honorabunt illisque obedient servient contra omnes creaturas mundi Ac suam Majestatem haeredes successores Reges acceptabunt tenebunt immediate sub Christo in terris Ecclesiae Anglicanae Hibernicanae supremum Caput illius illor locum tenent Deput vicem gerent in hoc Regno Hiberniae obedient inservient in omnibus servitium suae Majestatis haered successor Regum concernentibus Et quantum in illis conjunctim divisim aut assignat illor est vel fuit usurpator primaciam authoritatem Romani Episcopi adnihillabunt omnesque suos Fautores Adjutores Suffragatores ad sum posse illor precipitabunt abolebunt atque personas spiritual temporal quae promoventur ad ecclesiastica beneficia sive dignitat per Regiam Majestatem seu alios de jure patronos tantum absque aliqua provisione fienda dicto Episc Rom. manutenebunt supportabunt defendent ex hinc omnes singules Provisores alia Rom. pro promotione petentes confugientes apprehendent producent ad Reg. commun legem ib. judiciari rectari secundum statut ordination pro similibus casibus facta fienda The Second Covenant is To submit all their Controversies to the Determination of the Bishops of Waterford Cork and Ross the Mayors of Cork and Youghal Suffrain of Kingsale Philip Roch Esq William Walsh Esq the Dean of Cloyne or any three of them quorum Desmond to be one and the like is in other Provinces mutatis mutandis The Third is About their future Controversies to be decided by the Earl and the said Bishops or two of them quorum Desmond to be one and they may fine or amerce Wrong-doers of which Fine the King shall have one third and the Judges the rest The Fourth is That if the Case be too difficult for the Commissioners it shall be determined by Justices of Assize and no Force shall be used nor Peace broken on Pain of a Fine The Fifth is That they shall help and defend the Collectors of the King's Revenue The Sixth is To obey the Ordinances made by the Nobility and annexed to the Indenture which probably were
Knight of the Garter came over Lord Lieutenant Lib. C. says Burlace Lord Deputy says the Statute-Book He arrived at Bullock and was sworn in Christ-Church on the thirtieth day of August His Instructions bear Date the tenth of May and are to this effect First That the Army or rather Garrison shall be three hundred twenty six Horse eight hundred sixty four Foot and three hundred Kern Secondly That Port-Corn shall be reserved towards victualling the Army Thirdly That he endeavour to People Vlster with English and to recover Lâ—cale Newry and Carlingford from the Scots and to recompence Sir Nicholas Bagnal for his Interest in Vlster Fourthly Lib. H. That Mac Cartymore be ordered to hold his Estate after the English manner as the Earls of Thomond and Clanrickard do And he had also other Instructions to him and the Council to set up the Worship of God as it is in England and to make such Statutes next Parliament as were lately made in England mutatis mutandis and to dispose of Leix and Offaly to the best Advantage of the Queen and the Country This Lord Deputy held a Parliament at Dublin on the twelfth day of January which enacted the following Laws and then was dissolved on the twelfth of February First That the ancient Jurisdiction over the State Ecclesiastical and Spiritual be restored to the Crown And Foreign Authority abolished and that the Acts of Appeals and Faculties be revived and also as much of the Act of Marriage as concerns Consanguinity And the Act of Repeal made the 3 and 4 Philip and Mary repealed And an Act of 3 and 4 Philip and Mary to revive three Statutes concerning Heresie and the three Statutes therein named be repealed except so much thereof as concerns Premunire And that the Queen and her Successors may appoint Commissioners to exercise Ecclesiastical Jurisdiction And that all Officers and Ministers Ecclesiastical or Lay all Ecclesiastical Persons and every one that has the Queen's Wages shall take the Oath of Supremacy on pain of losing his Office And shall be uncapable to take any Office Ecclesiastical or Temporal if he obstinately refuses the Oath tendered to him He that sues Livery or takes Orders must take the Oath And a Penitent upon taking the Oath shall be restored to his Office of Inheritance He that shall extol maintain or advance Foreign Jurisdiction shall for the first Offence lose his Goods and if they be not worth twenty Pound then a Years Imprisonment without Bail besides and if it be an Ecclesiastical Person shall likewise lose all his Benefices and the second Offence to be Premunire and the third High-Treason provided the Prosecution for Words be within half a Year after the speaking Nothing shall be adjudged Heresie but what has been so by the Scripture first four General Councils or some other General Council by express Words of Scripture or shall be by Act of Parliament That there must be two Witnesses And that no Man be esteemed as Accessary till two Witnesses prove he knew the guilt of the Principal before he relieved him c. Secondly An Act for Uniformity of Common-Prayer Thirdly An Act for Restitution of the First-Fruits and twentieth part of Spiritual Benefices to the Crown Fourthly An Act for consecrating Archbishops and Bishops Bramhal 438. And it is observed by Archbishop Bramhal That no Papists ever did or could make the least Objection against the Ordination of the Protestant Bishops in Ireland For besides that Archbishop Brown the first Protestant Bishop in Ireland was ordained by the Bishops of Canterbury Rochester and Salisbury and many of the Irish Bishops were ordained by Brown The very Popish Bishops did assist at the Consecration of most of the Protestant Bishops and complied with the Government and kept their Sees until they had sacrilegiously betrayed the Church and alienated most of its Possessions one Bishoprick being left so poor that it had but forty Shillings per annum Ware de Praesulibus 27. and another but five Mark Thus Loftus Archbishop of Armagh was consecrated by the Popish Archbishop Curwin Ibid. 128. 59. Thomas Lancaster the first Protestant Bishop of Kildare Ibid. 148. was consecrated by Archbishop Brown and John Merriman Ibid. 188. the first Protestant Bishop of Down and Connor was consecrated by Lancaster when Primate Bale Bishop of Ossory was consecrated by the Popish Bishops of Armagh Kildare and Down Casy Bishop of Limerick was consecrated by Archbishop Browne assisted by the Popish Bishops of Kildare Ferns and Leighlin c. Fifthly An Act of Recognition of the Queen's title Sixthly That it be Premunire to say the Queen has no Right to the Crown and Treason to write it Seventhly That the Priory of S. John of Jerusalem be united to the Crown The Parliament being dissolved the Deputy went immediately to England to give an Account thereof and by the Queen's Orders substituted Sir William Fitz Williams 1559. Lord Deputy he was sworn in Christ Church on the fifteenth of February and his Patent bears date at Westminster the eighteenth day of January 2 Eliz. In his time Shane O Neal broke out again into Rebellion Cambd. 121. and overthrew O Reyly in the Field and took Calagh O Donel Lord or Chief of Tyrconnel Prisoner together with his Wife and Children and afterwards lived with her in Adultery and kept her by Force and he seized upon O Donel's Castles Lands and Goods and in all things behaved himself as King of Vlster 1560. And about the same time Money which in King Henry the Eighth his Days was much debased was raised near to the intrinsick value and Sterling Money was stamped but it was made currant at a fourth part more than it passed for in England so that an English nine Pence was twelve Pence Irish and so it continued until the Year 1601. when her Majesty's vast Expence in Ireland forced her by the Advice of the Lord Buckhurst to mingle Brass with the Silver which was therefore called mixt Monies but the Government then was so steady that the Soldiers suffered it without Mutiny although it was of infinite Prejudice to them But to proceed Thomas Earl of Sussex came over again Lord Lieutenant 1560. I suppose in April for on the seventh of May the Queen sent him Orders to perswade the Earl of Kildare to go to England and that the Queen would lend him Money in England on his Bond and if the Earl refused then the Lord Lieunant was to shew him the Queen 's positive Commands to that effect and if he still declined the Voyage then the Lord Lieutenant was to apprehend him This Lord Lieutenant brought with him new Instructions Lib. C. 1. To build Castles in Leix and Offaly and to people those Countries by granting Estates to the Planters and their Heirs Males 2. To settle Vlster and to admit Surleboy Tenant to the Lands he claims in Fee binding him to contribute to the Publick Service
3. To reduce Shane O Neal by force or otherwise 4. To invest the Baron of Dungannon in the Earldom of Tyrone if the Lord Lieutenant think fit 5. To apprehend the O Brians that oppose the Earl of Thomond 6. To make the Clerk of the Council Secretary of State 7. To make a Statute of Uses next Parliament 8. To grant Estates Tayl by Patent to all the Irish that will surrender 9. To reserve the best Rent that was at any time heretofore reserved on the Crown Leases and the Tenant to find a Horseman for every forty Pound Rent and a Footman for every six Pound thirteen Shillings and four Pence and if any Lease be voidable to let the Tenant renew increasing his Rent according to the best Survey 10. To augment the Revenue in granting of Wards and making them sue Livery and to collect and print the necessary Statutes It seems this Lord Lieutenant managed his Affairs well in Vlster 1561. although the Particulars are not recorded any where that I could find Lib. â— for on the sixth day of January Shane O Neal made his Submission to him and thereupon on the twenty second of the same Month he went to England leaving Sir William Fitz Williams Lord Justice 1562. who was sworn on the second Day of February and continued until the twenty fourth day of July and then Thomas Earl of Sussex Lord Lieutenant returned again and finding that the inconstant Shane O Neal had apostatized into Rebellion he prepared as fast as he could to reduce him to Obedience but the Winter approaching so near he was forced to adjourn his Design till the Spring and then on the first day of April he set forward 1563. and on the ninth there hapned a Fray between some Kirne in his Camp to the Slaughter of two or three of them but the Lord Lieutenant by his Authority composed that Matter On the thirteenth of April the English discovered an Ambush laid by Shane O Neal and fell upon them so that one and twenty of the Rebels were killed On the sixteenth the Lord Lieutenant passed over the Blackwater and took a Prey of two hundred Kine And on the twenty sixth he came back to Dundalk On the first of June he advanced again to Dungannon and quartered there and the next day came to Tulloghoge and undestanding that O Neale and his Party were in a Fastness not far off the English attacked them and drove them farther into the Woods And on the third of June the English took eighty Cattle and killed four or five Rebels And on the fourth the Army returned to Armagh And on the sixth day of June they took a Prey of three thousand Kine and one thousand five hundred Garons and Mares which were divided among the Soldiers and so the Army returned to Drogheda Hereupon O Neal being shrewdly terrified Cambden 121 and being also advised by the Earl of Kildare made his Submission to the Lord Lieutenant and promised to do the like in England which he performed in the presence of the Embassadors of Sweden and Savoy and upon his Promise of amendment he was taken into Favour and the Queen gave him some Presents and lent him two thousand five hundred Pound and ordered Sir Thomas Worth and Sir Nicholas Arnold whom she sent Commissioners into Ireland to establish a College at St. Patrick's Church c. to make an Enquiry about a Complaint that O Neal had made That one John Smith had design'd or attempted to poyson him After his Return home he behaved himself civilly and loyally for some time he assail'd the Scots and slew their Captain James Mac Conal and drove them out of Vlster he protected the poor from Injury and was orderly in every thing except his Tyranny over the Lords and Gentlemen of Vlster whom he challenged to be his Vassals Whereupon Macguire and others complained to the Government but O Neal disdaining to have his Princely Claim tried in a Court grows enraged at Macguire for putting the Dilemma upon him either of running into Rebellion again or submitting his Title to the Lord Lieutenant's determination 1564. and in this Fury O Neal invades Fermanagh expels Macguire burns the Cathedral Church of Armagh and besieges Dundalk but the Valour of the Garrison preserved the place till William Sarsfield Mayor of Dublin and a choice Band of Citizens raised the Siege nevertheless O Neal spoil'd and wasted the adjacent Country The Lord Lieut to revenge this proceeded briskly against O Neal Burlace 126. but before he could bring his Designs to perfection he was recalled in his time the Country of Annaly was made Shire-Ground and is called the County of Longford and Connaught was divided into six Counties Clare Galwey Sligo Mayo Letrim and Roscomon he also erected a kind of a Post-Office for the better Correspondence between England and Ireland Holingsh 114. And yet there are some who not without probability attribute these good Works to Sir Henry Sydny On the first of February there hapned a bloody Conflict between the Earls of Ormond and Desmond Lib. P. at Athmean or Affane in the County of Waterford where the latter lost two hundred and eighty of his Men but not long after the Lord Lieutenant was recalled and Sir Nicholas Arnold 1565. Lord Justice was sworn the twenty fifth of May and had an Army or rather a Garrison of fifteen hundred and ninety six Soldiers with which he made a shift to keep what he had but he did not enjoy that Honour long before Sir Henry Sydny Knight of the Garter Lord President of Wales came over Lord Deputy he Landed on the thirteenth of January and was sworn the next Sunday after being the twentieth he was received with great joy being a Person of whose excellent Government that Kingdom had long Experience and when he received the Sword he made an eloquent and pithy Speech to this effect setting forth what a precious thing good Government is and how all Realms Commonwealths Cities and Countries do flourish and prosper Hooker 111. where the same is orderly in quiet Justice and Wisdom directed and governed Secondly What a continual Care the Queens Highness hath had and yet hath not only for the good guiding and ruling of the Realm of England but also of Ireland which she so earnestly desireth and wisheth to be preserved as well in Peace as in War That she hath made great Choice from time to time of the most Grave Wise and Expert Counsellors for the one and the most Valiant Skilful and expert Men of Arms for the other That both in Peace and Wars the publick State of the Commonwealth and every Member therein might be conserved defended and kept in Safety under her Government And for the performance thereof her Majesty over and besides the Revenues of the Crown of Ireland did yearly far above any of her Progenitors expend of her own Coffers out of England great Masses of Money
amounting to many thousand Pounds All which her excessive Expences and continual Cares she made the less Account of so that her Realm and Subjects of Ireland might be preserved defended and governed Lastly Notwithstanding her Majesty might have made better Choice of many others who were better able to hold her Place in this Realm both for Honour Wisdom and Experience yet her Pleasure was now to cast this heavy Charge and Burden upon him Which he was the more unwilling to take upon him because the greater the Charge was the more unable and weak he was to sustain the same nevertheless being in good hope and well promised of her Highnesses Favour and Countenance in his well-doings and having his Confidence in them her Highnesses Counsellors assciated to him to join Aid and assist him in this Government he was and is the more ready to take the Sword in Hand in hope that this his Government shall be to the Glory of God the Honour of her Majesty the Benefit of the Commonwealth and the Preservation of the whole Realm and People of the same And so making his earnest Request to the said Lords present for their conjoyning with him and the aiding and assisting of him in this her Majesties Service he made an end of his Speech This Lord Deputy brought with him Instructions Signed by the Queen on the Fifth day of October 1565 and were to this Effect First That a Privy Council be named and established and sworn before the Lord Deputy as is usual and he was directed to consult and use their Advice and they were to respect and reverence his Quality and both to conspire the Good of the Realm Secondly Hooker 111. That Religion and Knowledge of the Scriptures should be propagated and encouraged by Doctrine Example c. And the Church-Lands and Estates preserved from Waste and Alienation Thirdly That the Law be administred uprightly and insufficient Judges and Officers removed and a Sheriff placed in every County Fourthly That the Army be kept orderly not oppressing the Subject that Musters be once a Month and Enquiry made whether the Soldiers be Englishmen or not and how paid Fifthly That Care be taken of the Revenues of the Crown The Privy Council being sworn they consulted the State of the Kingdom which they found in this miserable condition The Pale was over-run with Thieves and Robbers the Countriman so poor that he had neither Horse Arms nor Victuals for himself and the Souldier so beggarly that they could not live without oppressing the Subject for want of Discipline they were grown insolent loose and idle and which rendred them suspected to the State they were allied by Marriage to the Irish and intimate with them in Conversation Leenster was harrass'd by the Tools Birns Kinshelaghs O Morroghs Cavenaghs and O Moors but especially the County of Kilkenny was almost desolaâ—e Munster by the Dissentions between the Earls of Desmond and Ormond was almost ruined especially Tipperary and Kerry the Barony of Ormond was over-run by Pierce Grace and Thomond was as bad as the rest by the Wars between Sir Daniel O Bryan and the Earl of Thomond Connaught was almost wasted by the Fewds between the Earl of Clanrickard and Mac William Outer and other losser Contests And Vlster which for some time had been the Receptacle and Magazine of all the Preys and Plundcr goâ—â—en out of the other Provinces and so was riches than the rest was in open Rebellion under Shane O Neal. As for Religion Hooker 114. these was but small Appearance of it the Churches uncovered and the Clergy scattered and scarce the Being of a God known to those ignorant and barbarous People therefore for the present it was resolved to fortifie the Pale against O Neal and to remedy the rest of the Mischiefs as fast as they could Ormond and Desmond were now in England bandying their Cause before the Queen and Council but they differing in Matter of Fact it was necessary to examine their respective Witnesses by Commission in Ireland and upon return thereof the Queen undertook to determine their Controversies and the Earls were by Recognizances in Chancery of twenty thousand Pounds bound to stand to the Queens Award But whilst this was doing Sullevan 87. Sir John of Desmond with great violence and outrage invaded and fired part of Ormond's Estate and killed his Brother which nevertheless did not hinder but that this Matter was afterwards appeased Mac Carthy More the Chief of that Name a great Lord of Munster went over to the Queen and surrendred his great Estate unto her which she reconveyed to him by Letters Patents and when he had sworn Fealty she paid the Charges of his Journey and made him Earl of Glencar and Baron of Valentia on the twenty fourth day of June 1565. and on the eighteenth day of July O Sullevan Bear likewise took a Patent for his Estate Lib. M. wherein was inserted a Proviso That he pay such Rents and Services as are due to the Earl of Glencar But that the Reader may perceive the Slavery of that Age and Nation I will shew him by what Services O Sullivan More who was himself a great Lord and is by the Irish stiled Prince of Dunkerran held his Estate of Mac Carthy More Which were as followeth First To aid him with his whole Strength on Summons and to be the Marshal of his Army Secondly Every Arable Plow-land to pay five Gallow-glass or Kern or six shillings eight pence or a Beef for each at the Election of Mac Carty More Thirdly That Mac Carty shall have half a Crown for every Ship that comes to Fish or Merchandize in O Sullevan's Harbors Fourthly To have Merchandizes brought thither at the same Rate as O Sullevan has his Fifthly To entertain Mac Carty More and his Train two Days and Nights at Dunboy and at all other times he has occasion to travel that way to entertain Mac Carty and his Body-Servants and to quarter the rest on the Country Sixthly He is to send Horse meat to Palliâ—e for Mac Carty's Saddle Horses and pay the Groom three shillings four four pence out of every arable Plow-land Lastly He must find the Hounds Grey-hounds and Spaniels of Mac Carty whenever they come and one shilling and eight pence per annum to the Huntsman out of every arable Plow-land But to proceed Shane O Neal was so much dissatisfied at the Nobilitating of Mac Carty that he carried himself exceeding arrogantly despising the English Titles of Honour and to Commissioners that were sent to parly with him 1566. he said That though the Queen were his Sovereign Lady yet he never made Peace with her but at her seeking And That she had made a wise Earl of Mac Carty More but that he kept as good a Man as he That he cared not for so mean a Title as an Earl Hooker 114. That his Blood and Power was better than the best and that therefore he would give
and to grant Leix and Offaly to English Undertakers Lib. H. and the Queen promised him that besides the Irish Revenue twenty thousand Pounds per annum should be punctally remitted him out of England quarterly And Sydny undertook for that Sum to fortifie Carrigfergus and to build some Bridges and to keep the whole Kingdom in Subjection The Lord Deputy found Vlster in a Flame Surleboy had assaulted Carrigfergus and kill'd Captain Baker and forty Men and though by the Valour of the rest of the Garrison the Scots were repelled and the Prey rescued yet this small Victory gave the Rebels such Reputation that the Lord Deputy found it necessary to leave the Custody of the Pale with certain Gentlemen of Note and to march with his small Army of six hundred Men into Vlster he found all the Country ruined except the Newry where Marshal Bagnal dwelt and the Glins and Routs 〈…〉 which Surleboy and the Scots possest and some part of Killultagh but it happened luckily that Turlogh Lynogh and Surleboy could not agree so that they came to Blows with various and alternate Success Hereupon both Parties address'd themselves to the Lord Deputy who finding Turlogh to be more high and extravagant in his Demands than the other came to an Agreement with Surleboy which was followed by the Submission of Mac Mahon and one of the Macguires And O Donel and the Chief of the Macguires did also by their Letters offer to pay their Rents and Services due to the Queen by former Agreements provided they might be secured under the Queens Protection and be delivered from the Exactions of O Neal. By these Means and the diligent prosecution of the War against him Turlogh Lynogh was reduced to extremity so that first he sent his Wife a well bred Lady Aunt to the Earl of Argile to the Lord Deputy at Armagh who in her Husband's behalf Petitioned him that Turlogh might be Nobilitated and his Estate setled by Law that so for the future he might live in order in the sence of his Duty and Gratitude to her Majesty but whilst these things were under consideration Turlogh himself without any previous Provision for his Security came to the Lord Deputy and submitted simply without Capitulation or Conditions and so having staid two days he had liberty to return home Vlster being thus quieted the Lord Deputy Marched to Dublin and having setled things there he visited Leinster and found the County of Kildare almost waste and the King's County and Queens County groaned under the Tyranny of Rory Oge but by the perswasions of the Earl of Ormond Rory came to the Lord Deputy and publickly made his Submission in the Church of Kilkenny The Lord Deputy was very well received by the Townsmen of Kilkenny and nobly treated by the Earl of Ormond but while he staid there he received the unhappy News of Sir Peter Carew's Death to whose Burial at Waterford on the fifteenth of December the Lord Deputy was invited and went This Sir Peter Carew whose Ancestors had been Marquesses of Cork Lib. F. laid claim to a mighty Estate in Munster being half of the ancient Kingdom of Cork viz. Imokilly Trybarry Muskry Kinalea Trycoursy Carbry Kinalmeaky Collymore Collybeg Ivagh Synnagh O Donovan Wintervary Bantry Bear Clandonough Cleighboigh Iveragh Kirricurry Clanmorris Iraghticonnor Duhallow and Coshbride And he sent his Agent John Hooker to Cork Hooker 13â— where he had a solemn meeting with Mac Carty Riagh Cormock Mac Teige of Muskry Barry Oge O Mahon O Driscoll O Daly and others and they made this Proposal that they would advance three Thousand Kine with Sheep Hogs and Corn proportionable for the present and that if Sir Peter would live amongst them they would annually pay what should be reasonable and to his good liking whereupon Hooker did take a House for Sir Peter at Cork and another at Kingsale but as Sir Peter was going that way he died on his Journey at Ross in the County of Wexford the 27th day of November 1575. The Lord Deputy was magnificently received and treated at Waterford and from thence he marched to Dungarvan where the Earl of Desmond met him and so by easy Journeys they went together to Cork and there he stayed six Weeks during which time the Soldiers for half their Pay had Lodging Diet and Firing to their content and without the grumbling of the Citizens The Earls of Thomond and Glencar and the principal Gentry of the Province came to wait on the Lord Deputy at Cork and there they kept their Christmass and as soon as that was over the Lord Deputy began his Sessions and sat in Court almost every day from the seventh day of January to the one and thirtieth Condom and a younger Son of the Lord Roch were Condemned and though they were Reprieved yet there were twenty three other notorious Malefactors Executed and the better to discover Vagabonds and Tories every Gentlemen was commanded to give in a List of his Dependants and to answer for them and Proclamation was made That every Iâ—ler that was not named in one of those Lists should be punished as a Felon and a Vagabond to which the Irish Lords and Gentlemen gave their Consents with seeming Joy and every one of them gave in Pledges of his Loyalty to the Lord Deputy Whilst the Deputy was at Cork he had information of the Disloyalty of the Seneschal of Imokilly and of the Depredations and Violences he daily committed and thereupon being attended by two Hundred Citizens of Cork besides his own Forces the Deputy marched to Ballymarter and took that strong Castle and had taken Fitz Girald himself but that he narrowly escaped through a Hole in the dead of the Night There was abundance of Victuals found in the Castle besides other things of value but all the Spoil was given to the Soldiers and so a Garrison of twenty Men under Jasper Horsy being left in the Castle the Lord Deputy returned to Cork The Lord Deputy was so well pleased with Sir Cormack Mac Teige of Muscry that he gave him this Character in a Letter of his sent to England That for his Loyalty and Civil disposition he was the rarest Man that ever was born of the Irishy and in another Letter to the Lords of the Council he observes that the Lord Poer lived more plentifully than those that had far more Land and that his barren Land yielded more Rent than the richer soil of Kilkenny and Decyes and the reason was because he kept his Territory in order and free from Idlers and Vagabonds whereas on the contrary the Lord of Decyes was scarce able to subsist because his Country harboured more bad Men than it fed good Cattle From Cork the Deputy went to Limerick where he was entertained with more Pomp than any where else there he kept Sessions and observed the same Methods as he did at Cork and then he marched into Thomond which formerly belonged to the English Lords of Clare
used all his Tricks to prevent it but finding all other Devices fruitless in shew of kindness he invited the President to his House in Traly the President accepted the Invitation and with an Hundred and forty Persons went into Kerry keeping Sessions as he went Desmond had seven Hundred or eight Hundred Men ready to surprize and Murther him but when the President understood what condition he was 〈◊〉 he encouraged his People all he could and making a Vertue of Necessity resolved rather to give than receive the Charge which he did so bravely that the Rebels were amazed and fled The Countess of Desmond was much troubled at her Husbands Folly and prayed the President to believe that the Earl had assembled those Men only for a general Hunting to welcome his Lordship and desired him to be satisfied He temporized with the Earl at her Request but nevertheless kept Court and Sessions in Kerry whereupon Desmond having no other way with great Clamour impeach'd the President to the Deputy especially for taking of Cesse The Mac an Earla's Clanrickard's Sons were up again in Connaught â— and had gotten two thousand Scots to their Assistance they besieged Ballyriagh or Logreagh one of the Earl of Clanrickard's Castles but Thomas Lestrange and Captain Collier who lay in Garrison there with fifty Horse and an hundred Foot defended the Place so valiantly that they forced the Rebels to raise the Siege with the Slaughter of six Captains and an hundred and fifty of their Souldiers whereat the Rebels were so neâ—led that they immediately fell upon Mac William Oughter and wasted his Country but upon the Approach of the Lord Deputy the Rebels dispersed and thereupon the Deputy divided his Forces and by the help and intelligence of Mac William Oughter he met with and defeated several small Parties of the Irish and killed many and executed some and so having restored Mac William to most of his Castles and being informed that the Scots were retreated to the Routs and the Glinns he Knighted Sir Nicholas Malby and according to the Queens Orders left him Governor of Connaught and then returned to Dublin on the thirteenth of October In the mean time Walter Earl of Essex who had made a second Expedition into Vlster and proceeded successfully there by the means of his Enemies received many Affronts from Court and at length was forced to resign his Command in Vlster with the grief whereof or as others say with a Dissentery he died at Dublin on the twenty second day of September 1576. Sir John of Desmond had repudiated his own Wife to marry the Sister of Mac an Earlas though she was the rejected the Wife of O Rourk and by this means he held Correspondence with his Brothers-in-Law and assured them Aid out of 〈◊〉 if they would hold out but a little longer But this Treason being discovered Sir John was imprisoned and the Earl of Desmond was suspected but â—e was so narrowly watched and so briskly managed that he durst not stir but in his criminal Followers to be tried by â—aw which formerly he had refused to do But it was not the Earl of Desmond alone that was malecontent the Lords of the Pale also began to repiâ—â— and publickly complain'd of the Cess and the father because the Priviledges and Exemptions that some of them claimed were now suppressed by Proclamation whereupon they Petition'd the Lord Deputy and had a Day appointed to make out their Grievances at which time they alledged That they had Liberties and Priviledges which were invaded by the Cess Hooker 145. that the Cess was arbitrary and unreasonable that it exceeded ten or twelve Pounds a Plow-Land and that no Tax could be put on them but by Act of Parliament At another Day the Chancellor answered That the Liberties they pretended to were some void some expired and the rest not to be found on Record that the Cess should be ascertained to five Mark per Plow-Land if they pleased That it was the Queens Prerogative to impose it and that it had been Levied ever since the time of Edward the Third and that Necessity and Self-Preservation required it But the Defendants not contented Cambd. Eliz. 219. with that Answer appeal'd to the Queen and sent over three-Lawyers to negotiate for them viz. 〈…〉 and 〈◊〉 and sent Letters by them to the Queen and Council Dared the Tenth of September Subscribed by the Lords 〈◊〉 Delvin Houth Trimleston c. in the Name of the English Pale The Queen referr'd them to the Council who examined the Lords Kildare Ormond Gormanstown and Dunsany then in England and they all agreed That Cess was constantly imposed time out of mind but prayed there might be Moderation in Levying it Whereupon she finding that the Design of the Petitioners was to oppose her Prerogative sent the Agents to the Prison of the Fleet and ordered the Deputy to do the like with the Petitioners if they persisted in their Sedition but nevertheless the Cess should be moderated and all irregularities in the Levying it punished but the Petitioners were arrogant and stubborn and were therefore committed to the Castle of Dublin and their Agents were imprisoned in the Tower of London but afterwards they submitted and were Pardoned and the Cess was reduced to five Marks per Plowland However the Irish according to their custom of scandaliâ—ing and aspersing every thing that opposes them did 〈◊〉 the Deputy with Calumnies and Impeachments not at all regarding how true or false the Articles were or else this could never be one of them Hooker 147. That the Lord Deputy wanted 〈◊〉 in his Government because it is manifest that he was one of the wisest and most prudent Viceroys that ever governed that Kingdom But whilst these Controversies about the Cess were under Debate and James Fitz Morris who had been at Rome and in Spain was daily expected home 〈…〉 and O Connor with an Hundred and forty 〈…〉 Country and taking the advantage of the 〈…〉 Inhabitants of the 〈◊〉 who celebrated their 〈…〉 with the same Riot and Excess as the Pagans did their 〈◊〉 and so were dead Drunk they surprised that Town and burnt it Rory Oge himself 〈◊〉 like Nero at the Market-Cross rejoicing at these 〈…〉 thence he marched towards Leighlâ—n burning and destroying the Country in his March and particularly the Village at Leighlâ—n Bridge But George Carew who lay there in Garrison being ashamed to be so served issued our with seven Horse and five Shot and valiantly attacked the Tories who by this time were two Hundred and Forty they were surprized and fled but at length perceiving though in the Night the small number of the 〈◊〉 they rallied and pursued the English to the 〈◊〉 and some of them got within the Gaâ—e but were beaten out again in this 〈…〉 Captain 〈◊〉 and sixteen Tories were slain and the English lost two Men and one Horse and all the rest were wounded Rory Oge continued his Depredations and burnt many
their Bond men wherein we are to desire you to take part with us according at you are bound by Conscience and by Nature to defend your Country And if you be afraid we should shrink from you after you should enter this Cause you shall understand that we took this Matter in hand with great Authority both from the Popes Holiness and from King Philip who do undertake to further us in our Affairs as we shall need Wherefore you shall not need to fear to take one part of it and be assured we will never agree with none of your Adversaries without your Consent and this our Letter shall be a sufficient Warrant for the same Newcastle Novemb. 29. 1579. Besides the Nonsence and Illiterature appearing in this Letter is it not prodigious that Fitz-Girald an English Man should rail against his own Nation and think that to be the worst of Faults which was most inseparable from him the Foundation of his greatness viz. his extraction or that he who held his Estate by English Laws and Patents should so insist upon his Possession as to forget his Title and by a stupid Contradiction look upon the English as Usurpers whilst he himself had no other Right But he who could fancy that any Authority in Ireland could be derived from King Philip might swallow impossibilities and without fear or wit run into destruction as he did In the mean time the Lord General Ormond invaded Connilogh December to which Place Desmond was again returned but did not at all expect that Attack so that most of the Inhabitants were surprized and either killed or taken Prisoners and the Villages were either plundered or burnt the Earl was like to be surprized at Newcastle and very narrowly escaped And not long after Ormond had a Brush with the Seneschal of Connilogh and though Ormond got the better yet he lost many of his Soldiers and therefore in revenge he burnt all the Country about Lefinnen and then marched to Cork and in the way he took a Prey of fifteen hundred Cows and brought them thither At Cork Ormond disposed of his Army into Garrisons and then went to Cashel having by the way taken the Mayor of Youghal who had formerly refused a Garrison and undertook to defend the Town against the Rebels and yet when Desmond attacked it the Mayor delivered it up almost without Blows and therefore to appease the Queen who was mightily troubled at the scandalous Loss of Youghal the Mayor was deservedly executed before his own Door and it is observable that Youghal was wholly deserted so that there was not one Soul left in it except one Fryar who was spared for the Humanity he had shewed to the Corps of Henry Davels which he carefully buried but the old Inhabitants were by Proclamation of the first day of February invited to return and to encourage them thereunto a Garrison of three hundred Foot was left in the Town under the Command of the Captains Morgan and Pierce In the mean time Ibid. Ormond made great Preparations to recover the Castle of Sangically from the Spaniards from whom he expected stout and obstinate Resistance but on the contrary they deserted the Castle upon view of the Army and fled over the Water but were so hotly pursued that most of them were slain and a Garrison was put into the Castle Ormond's Head Quarters were at Adare and it being usual for the Soldiers to range abroad for Forage or Plunder Desmond placed an Ambush so luckily that it once intercepted them but being stout and well disciplin'd Men they made good their Retreat without any Disadvantage In the mean time the Lord Justice whom we left at Limerick marched into Thomond where the Earl and his Son and two Servants very ill mounted met his Lordship and waited on him to Galway and there the Lord Justice confirm'd the Priviledges of that Town 1579. and thence marched through Athenry Ballinislow and Athlone to Dublin and there he found William Norris and an hundred and fifty brave Horse all in a Livery of Red Coats and Yellow Lace newly arrived from England which were immediately sent to Quarter at the Newry where Norris died on Christmas Day Captain Casy's Company that was left in Galway was forced to hire a House for the Soldiers and the Queen paid the Rent of it and on the twenty eighth of November a Custodiam of the Bishoprick of Ross was granted to Robert Drury for three Years and on the 3d. of Dec. the L. Justice kept Sessions at Trim and caused 16 Malefactors to be executed and on the 10th of Dec. Sir Hugh O Reily made his Submission at Drogheda and the same day 5000 l. in Money arrived out of England On the eighteenth of January the Lord Justice left Dublin and came by the Sea-coast to Wexford where he kept Sessions and sate personally in the Court thence by Tintern he came to Waterford where he was nobly received and the Mayor carried the Sword before him The Earl of Ormond met him at Waterford and upon Advertisement that the Rebels drew near Dungarvan and Youghal Captain Zouch was sent with four hundred Foot and an hundred Horse to oppose them On the Eleventh of February a Commission of Martial Law was sent to Sir Warham Saint-Leger Hooker 166. and then the Lord Justice having stayed three Weeks at Waterford removed to Clonmel where Ormond met him again and thence he marched to Limerick and had his Baggage carried a great part of the way on Mens Shoulders for want of Carriage-Horses or because of the badness of the Way or both at Limerick the Chancellor of that Diocess was found guilty of Treason for corresponding with Desmond but he made Shift to get a Pardon whilst the Bishop of Limerick who was shrewdly suspected was confined to his House On the Tenth of March the Lord Justice and Ormond met at Rakele and the next day they passed over the Bridge of Adare and returned at Night and then they divided their Forces and invaded Conniloe burning and spoiling the Country and incamped within one Mile of Kilcolman where they had News that Lieutenant Parker five Horse and three Foot coming from Limerick were set upon by an hundred Rebels near Rakele but they so behaved themselves that they slew the Commander and five or six more of the Enemy and came off with small Loss the same day a Soldier of the Marshal's encountred two lusty Kerns and having slain one he compell'd the other to carry his Fellow's Head to the Camp where he was likewise slain On the twelfth of March the Army being divided Preyed and burnt the Country to Slevelogher as they did likewise the next day and slew above four hundred Men whereupon the Lord Lixnaw was humbled and made his Submission The Lord Justice having marched as far as Slewemiss beyond Traley and not being able to pass farther resolved to besiege Carrigifoyl which was Desmond's chief strength and it was Garrisoned
and sixty Horse and thence he went to Connaught to settle the new President Sir Nicholas Malby and so on the sixth of September he came to Dublin and on the fourteenth of the same Month at St. Patrick's Church he surrendred the Sword to Arthur Lord Grey Baron of Wilton Knight of the Garter 1580. Lord Deputy whose Instructions bearing date in July were 1. To observe former Instructions whereof he shall have a Copy 2. To assure the Irish of the Queens Protection and Favour if they deserve it 3. To hinder the Soldier from oppressing the Subject and to notifie this by Proclamation and to punish the Offenders though Captains 4. To shorten the War by effectual Prosecution 5. To continue the Justice of Munster and to encrease his Allowance as you and the Council think fit 6. After All-hollantide to disband as many of the new Soldiers as can be well spared and secure their Arms. 7. Not to grant Pardons and Protections but upon especial reasons and to mention the Crime in the Pardon This Lord Grey before he was sworn viz. in August having notice that one Fitz Girald with his Company which he had in the Quens Pay was revolted to the Lord Baltinglass and being joyned with Pheagh Mac Hugh and other Rebels had secured themselves in the fastnesses of Glendilogh in the County of Wicklow and did daily encrease both in number and mischief ordered a smart Party to attack them Cosby an experienced Soldier disswaded the Attempt but having positive Orders the Foot entred the Glins whilst the Lord Grey with the Horse scowred the Plains but the Rebels being well acquainted with these Woods Camb. Eliz. 241. laid their Ambushes so cunningly that the English could neither fight in that divelish place nor retire out of it Courage could but little avail them whilst being mired in the Bogs they were forced to stand still like Butts to be shot at Discipline or Conduct were of no use in that place where it could not be practised in short the English were defeated and the whole Company slain except some few that were rescued by the Horsemen August 25. and amongst the rest Sir Peter Carew Collonel Moor and the valiant Captains Audely and Cosby were killed in this unfortunate Conflict About the latter end of September seven hundred Spaniards and Italians under the Command of San Joseph an Italian landed at Smerwick in Kerry being sent by the Pope and King of Spain to propagate Catholick Religion in Ireland they immediately built a Fort and called it Fort del ore and they fortified and furnished it the best they could having brought with them Money and Ammunition and Arms enough for five thousand Men. Ormond encamped at Traley and the next day marched toward the Fort which the Spaniards deserted and retired to the fastness of Glanigall Cambd. Eliz. 242. but finding the English Army was small three hundred of them went to their Fort again and the next day sallied on the English who came to view the Fort whereupon Ormond finding he was not sufficiently provided with Artillery and other Necessaries retired to Rakele where he met the Lord Deputy The Deputy accompanied with the Captains Zouch Rawleigh Denny Macworth c. and about eight hundred Men discamped from Rakele and marched towards the Enemy but Captain Rawleigh well knowing the Customs of the Irish stayed some hours behind in Ambush till several Kearns came into the forsaken Camp as they were accustomed to scrape up what was left-behind but he surprized them all and punished them according to their Deserts Now was Sir William Winter return'd with his Fleet out of England so that he by Sea and the Lord Deputy by Land laid close Siege to the Fort having first summoned it and received for Answer That they held it for the Pope and the King of Spain to whom the Pope had given the Kingdom of Ireland and not long after the Spaniards made a Sally which was well received by Captain Denny and the Assailants were forced to retire That Night the English raised a Battery with great dexterity Cambd. Eliz. 242. which was ready by Break of Day nevertheless the Spaniards made a Sally but very faintly and without effect nor did they do any thing the third Day worthy their Reputation and on the fourth Day being close pressed from Land and Sea and all Conditions refused they yielded at Mercy which was too sparingly extended to them every one being put to death except the Commanders which very much displeased the Queen although there was a necessity for it by reason of the paucity of the English Army and the number of the Rebels approaching Sir John Fitz-Girald Lord of the Decies being a Prisoner to the Earl of Desmond was here found and set at Liberty the Fort was razed and the Army dispersed into Garrisons the Lord Deputy returned to Dingle where Ormond met him with Supplies and there Captain Zouch with four hundred and fifty Men was left Governor of Kerry and Desmond and had all the Victuals given him that were found in the Fort and then the Deputy returned to Limerick Now came out of England six new Companies under Barkley Cruse and others whereof Barkly and two hundred Men were placed at Askeaton and the rest were sent into Connaught where the Mac an Earla's or Clanrickard's Sons began to be unruly as the Lord Baltinglass and his Complices were in Leinster The Deputy having left Ormond Governor of Munster returned to Dublin where he took care of the other Provinces and being supplied with an hundred and fifty Horse out of England which were set out by the English Clergy under the Command of William Russel Son to the Earl of Bedford and Bryan Fitz-Williams he committed to the Custody of Wingfield Master of the Ordnance the Earl of Kildare and his Son in Law the Lord Delvin who were suspected to favour the Leinster Rebels whereupon the Lord Henry Fitz-Girald retired into Ophalia and was detained by the O Connors till the Deputy sent Ormond and several Persons of Quality for him to whom after much ado he was delivered and with his Father sent into England together with the said Baron of Delvin There was certainly a Plot to surprize the Lord Deputy Camb. Eliz. 257. and to seize on the Castle of Dublin Sullevan 93 and to Massacre the English and John Nogent one of the Barons of the Exchequer and others were Executed for it but whether they were guilty or not I leave as I found it doubtful however it seems that this severity frightned Thurlogh Lynogh O More O Brine and the Cavenaghs into a Submission In the mean time Captain Raleigh went to Dublin to complain of the Barryes and Condons Hooker 173. and obtained a Commission to seize upon Barryescourt and the rest of Barryes Estate and had some Horsemen added to his Company to enable him thereunto but Barry had notice of it and to prevent him Burned
to her Brother Owen O Moriarta al 's Droghbearla and made such piteous Complaint that he resolved to get her her Cattle again if possible wherefore he addressed himself to the English Governor of Castlemange so effectually that he obtain'd 7. Musketteers and 12. Kearne and with them he followed the Tract of the Cattle that night they came to the Wood of Clawniginky four Miles from Traley where they resolved to lodg but about Midnight seeing a Fire they drew towards it and so came to a Cabbin where they found an old Man alone sitting by the Fire the Servants having ran away on their Approach Kolly who led the Soldiers Cambd. Eliz. 290. and was bred by the English altho a Native Irishman struck the old Man with his Sword and almost cut off his Arm whereupon the old Man cried out that he was Earl of Desmond and Kolly would have spared him but finding that he bled so fast that he could not live he immediately cut off the Earls Head which was sent afterwards into England and placed on a Pole on Londonbridge and for this exploit the Family of the Moriarta's are in disgrace amongst the Irish to this Day Sullivan 100. and Mr. Sullivan says the place where his Blood was Spilt doth still continue red Nor had John Burk better Success for he being in Protection did nevertheless make an Attempt upon Adare and endeavoured to Prey and Plunder the Country thereabout but as he passed by a Boy from the Castle discharged his Gun and shot him Dead And thus ended the Rebellion of Desmond Cambden says The Eleventh in the Ruin of Girald the fifteenth Earl of that Family after whose Death the common People did manifest such Desires of living in Peace that the Forces of Munster were reduced to 200. And not long after a Commission issued to Sir Henry Wallop Sir Valentine Brown and others to take a Survey of all such Lands as had been forfeited within the four years last past And in Vlster Lib. C. Sir Nicholas Bagnall Sir Lucas Dillon and James Dowdall Commissioners of Vlster on the 22d day of October 1583 in the presence of the Baron of Dungannon and the Agents of Turlogh Lynogh and O Donell and by their Consent made these Orders between them 1. That the Truce between them be continued till the 17th of March next 2. That on the 2d day of December each of them shall put in Pledges at Dundalk to keep the Peace towards the Queen and each other 3. That the Controversies between the said Parties shall then be determined 4. That if either Injure the other during the Truce the Queen shall assist the Sufferer and Punish the Delinquent 5. That they shall chuse indifferent Arbitrators to examine Witnesses and determine the Differences between them if they can and if not then to Report the State of the Case to the Commissioners And in Leinster things were so quiet that two of the O Conners determined a Controversy in a form of Justice which being a matter extraordinary shall be related at large Teig Mac Gilpatrick O Connor was accused by Connor Mac Cormâ—ck O Connor Septemb. 1583. before the Lord Deputy and Council for Killing and Murdering his Men being under Protection Teig answered That they had since the Protection confederated with the Rebel Cahill O Connor and therefore were also Rebels and that he was ready to justify his Assertion by Combal Connor accepted the Motion and the Weapons which were Sword and Target being chosen by the Defendant the next day was appointed for the Battle and Patrons were assigned to each of them to introduce them into the Lists the Day being come and the Court sat the Combatants were likewise seated on two Stools one at each end of the Inner Court of the Castle of Dublin most of the Military Officers were present to render this Action the more Solemn and then the Pleadings being read the Combatants were stript to their Shirts and searched by Secretary Fenton and then each of them took a corporal Oath that his Quarrel was true and that he would justify the same with his Blood and then at the Sound of the Trumpets they began the Fight with great Resolution but at length Conner was twice wounded in his Leg and once in his Eye and thereupon design'd to close with his Adversary but Teige being too strong for him pummell'd him till he loosned his Murriâ—n and then he easily Stunn'd him and with Conner's own Sword cut off his Head and brought it to the Lords Justices But Mr. Sullevan Sullevan 108. who exclaims against this barbarous way of Tryal commits three Mistakes in this one Story First he says That this happened in Sir John Perot's time And 2dly That he forced the Parties to the Combat and that they were asham'd to refuse it And 3dly That it was in a Controversy about Lands in Ophaly But to proceed The Viscount Ballinglass that great Incendiary of Leinster was so totally dismayed at the News of the Death of the Earl of Desmond that he also privately Embarked for Spain where not long afterwards he died for grief So that the Kingdom being thus quieted the publick Revenue for the year 1583. Lib. M. amounted unto 23565 l. 12 s. Sir John Perrot Lord Deputy was Sworn the 26th of June 1584. his Commission was as usual during Pleasure 〈◊〉 make War and Peace Caballa of Letters 336. and to punish Offences or 〈◊〉 them Treason against the Queen's Person or Counterfeiting Money only excepted to make Orders and Proclamations to Impose Fines and Dispose of Rebels Estates to exercise Martial Law and to Assemble the Parliament with her Majesties Privity to confer all Offices except Chancellor Treasurer three Chief Judges and Master of the Rolls and to collate and confer all Spiritual Promotions except Arch-Bishops and Bishops to do all things relating to Justice and Government that the Queen could do if present The Lord Deputies Instructions were as followeth I. To Assemble and Consult the Council how the Government may be managed that Justice may take place the Charge lessened the Revenue increas'd and the Subject not oppressed II. To reduce the Army and the Pay as formerly especially in the Countries not wasted and to prevail with the Country to contribute as Carbury heretofore hath done III. To keep the Army in Discipline that they do not oppress the Subject and that the Companies be kept Compleat and Full. IV. To consider how Munster may be Repeopled and how the forfeited Lands in Ireland may be disposed of to the Advantage of Queen and Subject but first they must be Surveyed by Commissioners now sent over to that purpose and for the Encouragemennt of the Undertakers and to avoid Fraudulent Conveyances by the Rebels let there be a Parliament in a proper Season to pass Acts of Attaindure of fraudulent Conveyances and of Qualifying Uses V. That where Leases have been made without usual Reservation of
Month. But the Lord Deputy was again allarm'd with a new Invasion of the Scotish Islanders and therefore Turlogh Lynogh being old the Baron of Dungannon was encouraged to oppose them but lest he should grow too popular by that Authority the Deputy thought it necessary to march into the North with such Forces as he had ready he left Dublin the 26th of June and passed speedily to Dungannon where most of the Irish Gentlemen of Vlster except James Carow came to him and submitted to his Lordship's command Hence the Deputy sent Captain Dawtry to the King of Scotland to pray restitution of the Irish Ships and Goods taken by his Subjects and that he would stop the Islanders from destroying Ireland to which he received a kind and favourable Answer dated at Saint Andrews the fourth of August 1585. but it came too late Four hundred Islanders arrived in Vlster and were joined by as many more under the Conduct of Con Mac Neal Oge's Son Hugh Mac Felim's Son O Kelly Mac Cartane c. and on the 28th of July were encountred by Captain Strafford and 170 Soldiers and a few Kernes who continued the Fight from Morning to four in the Afternoon still gaining Ground of the Enemy of whom 24 were slain and 40 wounded and of the English but 8 killed and 12 wounded and here my Authour truly observes that the Irish never gave the English a defeat but upon shrinking from them The Enemy passed the River Ban and went into Tyrone but were so pursued by the Baron of Dungannon and Captain Strafford that they were forced to repass the Ban and to retire toward Dunluce and finding no quiet there they went to Inisowen and designed to surprise Strabane but Hugh Duffe O Donell gave notice hereof to Captain Merriman and offered his assistance and so Merriman with 160 Soldiers and O Donell with a few of his fâ—llowers marcht all night to surprise the Scots But 〈◊〉 their great amazement they found the Scots in a readinesâ—â—nd above 600 strong so that they were able to divide 〈◊〉 Army into three divisions so to assail the Royalists threâ— several ways whilst the English being so few were forced to keep in one entire Body Alexander Mac Surly who commanded the Scots challeng'd Merriman to a Combate and a lusty Gallowglasse being by said he was the Captain and so to the Duel they go the Gallowglasse stund the Scot at the first blow but he recovering himself kill'd the Gallowglasse and thereupon Merriman stept out and fought Alexander a good while with Sword and Target and so wounded him in the Leg that he was forced to retreat and thereupon his Army being discouraged were totally routed and Alexander being hid under a Turf in Cabbin was discovered and his Head cut off and set on a Pole in Dublin But how fortunate soever the Summer Progress was yet the Deputy's Enemies complain'd against it as chargeable and unnecessary so that he was forced to return to Dublin the 16th of August where old Surlyboy came and submitted unto him The chief Articles against the Deputy were That he was severe and forc'd the People to the Oath of Allegiance and pryed into men's Patents and endeavour'd to promote Laws against Recusants and to repeal Poyning's Act and this Impeachment was abetted by the Chancellour whom being also Archbishop of Dublin the Deputy had disoblig'd by endeavouring to appropriate the Revenues of St. Patrick's Church to the new design'd University and by carrying himself too Magisterially in the Government with the Chancellour Sir Henry Bagnal Secretary Fenton and others of the Council sided so that it grew into a powerfull Faction by which the Deputy was often thwarted at Council Board and else where The Lord Treasurer of England was a fast Friend to the Arch-bishop so that by his means the appropriating of the Livings of St. Patrick's Church was stopt and other Affronts were put upon the Deputy which so enraged him that he spoke some passionate words of the Queen which were the cause of his Ruine afterwards and particularly having received some kind Letters from the Queen after some ill usage that he resented Look ye says he to the standers by now the Queen is ready to bepiss her self for fear of the Spaniard I am become her white Boy again This Deputy was supposed to be the Son of Henry the Eighth and had much of his towring Spirit in him When he was Condemn'd he ask'd the Lieutenant of the Tower whether the Queen would sacrifice her Brother to his frisking Adversaries meaning the Lord Chancellour Hatton who he said came into Court by the Galliard He was condemn'd on the Preists forged Letter and dyed suddenly in the Tower and his Son Sir Thomas Perot was restor'd to his Estate Nor did these his open Enemies only impeach him themselves but they also instigated the Lords and Gentlemen of the Pale as was believed to complain by their Letter of the 15th of July 1585. that besides the 2100 l. which they had consented should be levyed in lieu of the Cess the Lord Deputy design'd to impose a second Charge of 1500 l. per annum upon them thereby to make Her Majesty's Government intolerable to them but some of these Lords and Gentlemen being afterwards undeceiv'd generously wrote their Retractation of their former mistake to the Lords of the Council of England Nevertheless the Deputy proceeded in his duty and issued a Commission to two and twenty Gentlemen whereof Sir Richard Bingham Lib. L. 15th July 1585. White and Waterhouse were of the Quorum Authorizing them to compound between the Queen and the Subject and between the Lord and the Tenant for Cess Cuttings and other incertain Exactions and to bring the Inhabitants of Connaugh and Twomond to a composition of paying ten Shillings per annum for every quarter of Land containing 120 Acres besides a certain number of Soldiers amongst them on every rising out they proceeded by Inquisition by a Jury to find out the number of Plow-lands and the County of Mayo was found to contain 1448 quarters of Land whereof 248 might be exempted and paid 600 l. per annum and contributed 200 Foot and 40 Horse at their own charge when required and 50 Foot and 15 Horse in such manner as the Peers and English Bishops ought to do Sept. 1585. and this was done by Indenture whereby they voluntarily renounced the Irish Captainships Styles and Titles and abolish'd the Irish Gavelkind and Tanistry and agreed to hold their Lands by Patent according to Law and the like was done in the rest of Connaugh and the whole Province was found to contain 8169 quarters of Land whereof 2339 being exempted there remain'd 6836 liable to an annual Rent of 3418. 5. 8. and to contribute 1054 Foot and 224 Horse to the General Hostings in Connaugh and 332 Foot and 88 Horse at any time for Forty days any where in Ireland And Twomond for 1259 Plow'd Land agreed to pay 543 10 0
Pledges and pay such reasonable Fine as Her Majesty shall think fit and so he sign'd a Submission and swore Obedience His Pardon was sign'd the 12th of May and sent to Sir Edward Moor to be delivered I suppose on the receipt of Hostages and on the 31st Tyrone sent the State a kind Letter he had received from the King of Spain but made the Messenger swear that no Copy of it should be taken The Queen was wonderfully pleased with the Pacification of Vlster 25 May 1596. and by her Letters to the Council commended Norris for that great service she upbraids Her Officers in Ireland with the monstrous Accusations brought against them by the Irish and declares she will subdue the stubborn by the Sword but will govern the oppressed by justice therefore she commands them to Unanimity in her Service and to commission Norris and Fenton to settle Connaugh and to examine the many Complaints that are made against Sir Richard Bingham Sir Edward Moor who carried Tyrone's Pardon could not find that Earl who purposely went out of the way to avoid it for three Pinaces with about 200 men and some Powder arrived from Spain in May consigned to O Donell with promise of farther supply as is most probable whereupon the Vlster Lords were so far from observing the late Peace that Tyrone took upon him to make an O Reily and entertain'd a correspondence with Pheagh Mac Hugh and other of the Rebels of Leinster Lib. M. Lambeth and on the 6th of July Tyrone O Rourk Mac William c. sent the Clan-shyhyes to stir up Rebellion in Munster and sign'd a general Letter or Credential to that effect he delay'd taking his Pardon till the 22th of July and even then refused to renounce foreign Aid upon Oath however he put in his Pledges and protested Loyalty and Obedience only to delay the War a little longer for which he was not yet so fully prepared as he desir'd for he had not an answer from Pheagh Mac Hugh till the latter end of August and then he received one to his content For in the beginning of August Pheagh Mac Hugh although he was under protection enter'd into open Rebellion Lib. B. 2. Lambeth and by surprise took and raz'd the Fort of Ballyne Cor and great suspicion was had of the O Moors and some of the Butlers there was noise also of some Spaniards at Sea so that the Lord Deputy complaining that he was not countenanced nor credited in England as he ought to be petitioned to the Lords of the Council there to be a means to remove him from the Government However these Misfortunes were somewhat alleviated by the quiet and peaceable condition of Connaugh which the General Norris and Sir Geoffry Fenton had reduced to terms of Submission The Deputy marched out of Dublin the 18th of September to prosecute Pheagh Mac Hugh and for some time encamped at Rathdrome he took many Preys and slew some Rebels and on the 16th of November caused two of the Pledges which Pheagh Mac Hugh had put in for his good behaviour to be executed in the Camp In like manner the Earl of Ormond effectually prosecuted the Butlers as Sir Anthony Samtbeger did the O Moors and O Connors In the mean time Tyrone is not idle but notwithstanding his Submission and his Pledges Camd. Eliz. 515. he attempted to surprise Armagh and killed 35 men of that Garison he oppos'd the Convoy that carried the Victuals thither and murthered eight of the Garison that went out for Wood his Son in Law Henry Oge made Incursions into the Pale as far as the River Boyne he also endeavour'd to surprise Carlingford Castle and contrary to his Covenant refused to suffer any relief to be brought to the Fort of Blackwater Whereupon the Lord Deputy and Council wrote him a smart Letter on the 30th of November which he answered the 4th of December and alleadg'd that he had just provocation to doe what he did because his Allie and Confederate Pheagh Mac Hugh was prosecuted by the State This was but a lame excuse for that Rebel was not at all comprehended in Tyrone's Articles however General Norris so far espoused O Neal's Quarrel that he wrote to the Council Board that one good Letter would have prevented the danger Armagh is in whereby he covertly reprehended the Deputy's severity But the Board sent him a smart answer and since he understood Tyrone's Humor best they left it to him to relieve Armagh by Force or Treaty as he thought fit On the 30th of December Captain Lea had a Rencounter with Pheagh Mac Hugh and had the good fortune to kill thirty of the Rebels and sent most of their heads to Dublin On the second of January Sir Richard Bingham being a severe Governour and perhaps therefore obnoxious to the Irish who were frequent Transgressours was upon their repeated complaints removed from the Government of Connaugh and Sir Conyers Clifford substituted in his room On the 15th of January General Norris accompanied by Bourchier and Fenton marched from Dublin to re-victual Armagh and on the 22d met with Tyrone who complemented the General at a great rate applauded his Moderation and thank'd him for his Friendship offered to suffer Armagh to be re-victualled as it was without opposition and made all the Protestations of Loyalty and offers of Submission that could be devis'd and desired that the General would procure a new Commission to conclude an everlasting Peace with him which accordingly was granted to Norris Bourchier and Secretary Fenton whereof they gave notice to Tyrone and appointed him to meet on the second of April but he by his Letter of the 15th of March alleadged many frivolous Excuses and though they by their dispatch of the 22d assured him of all reasonable satisfaction 1579. yet he still persisted in his Excuses wherefore they wrote to him again the tenth of April and he by his answer of the 15th made many triviall Complaints and particularly he questioned the General 's Power to make good what he should promise for that possibly the new Deputy should not approve of what they should agree to and therefore he desired a farther day whereupon the General finding too late that he was baffled and abus'd by that cunning Traitor he exclaimed against his Perfidiousness and broke off the Treaty In the mean time O Donell had invaded Connaugh in January and drew most of the late pardoned Rebels into a new Revolt so that Clifford was oblig'd to hasten to that Government Some of the Rebels of the Brenny attempted the Town of Kells but by the Valour and Vigilance of Captain Street they were disappointed and lost 35 of their Company The Deputy made a Journey to Caterlogh and thence to Kilcor and staid thereabouts pursuing Pheagh Mac Hugh and his Abetters from the 18th of February to the 15th of March Lib. B. 2. Lambeth on the 12th of which month 140 Barrels of Powder took fire at
time Macguire also submitted and promis'd to repair Eniskilling at his own charge and the Earl of Tyrone with about 600 Foot and 60 Horse were retir'd into an inaccessible Fastness at the end of Logherne But there being a Rumor that the Spaniards were again landed in Munster Sir Henry Dockwra was posted at Agher and Sir Arthur Chichester at Fort Montjoy and the Lord Deputy on the 11th of September return'd to Newry and soon after to Dublin and in November Rory O Donell and most of the O Relyes submitted unto him Morison 249. and on the 12th of November the Earl of Tyrone sent him an absolute Submission very handsomly worded and yet at the same time he wrote to O Connor Sligo not to make a separate Peace but that they should stand or fall together In the mean time Sir Oliver Lambert had driven the Burks and their Mac William out of the County of Mayo and on the 18th of November the Deputy began his Journey to Connaugh and on the second of December he came to Athloan and on the 14th of December O Connor Sligo and Rory O Donell came thither and made their Submission to him and although O Connor did act his part well and alleadg'd many plausible excuses yet O Donell not only out-did him but also exceeded all others that had submitted to that day for he was very frank and generous in his Deportment and submitted without Capitulation or Condition which was the more regarded because he was a man of Parts and Courage but the difficulty was how to compromise the matter between him and Sir Neal Garve who was no better than an insatiable unruly Beast The Deputy kept Christmas at Galway and there received into favour the Flahertyes Mac Dermonds O Connor roe and others so that only the sickle and treacherous O Rourk notwithstanding his Letters to the Deputy that he would submit and Tyrones Macguire and Tyrrell persisted in this Rebellion with the Earl of Tyrone The Deputy ordered that the Fort of Gallaway should be finished and appointed three several small Armies to attack O Rourk but because it may seem that these people could never relapse and apostatize as many of them did if there had been any obligation laid upon them to be loyal I thought it not unnecessary to inform the Reader that every man that submitted took the following Oath First Morison 251 I Do acknowledge Elizabeth by the Grace of God Queen of England France and Ireland to be the only true Absolute and Soveraign Lady of this Realm of Ireland and of every part and of all the People thereof unto whose gracious mercy I do humbly submit my Land and Goods and with all faithful Repentance for my unnatural Disobedience unto her Royal Majesty do most earnestly implore her Mercy and Pardon for my self and such of my Followers as with me have been seduced to this wicked Rebellion Further I do renounce all and any manner of Obedience unto any other Power or Potentate which I owe only to my dread Soveraign Elizabeth and utterly abjure any dependancy and adherence to any of her Enemies whatsoever or disloyal Subjects and do promise swear and vow from henceforth to live in her Subjection in all Duty and Obedience and to use my best endeavours to the utmost of my power to withstand and confound any Enemy either forreign or domestick that shall attempt any thing against the Sacred Person or Estate of her Majesty or to the hurt of her faithful and obedient Subjects And especially and namely I do renounce as before and promise my endeavours as aforesaid against the King of Spain and the Arch-Traytor the Earl of Tyrone About the latter end of January the Lord Deputy returned to Dublin having engaged Rory O Donell to prosecute O Rourk and in the beginning of March some Forces were sent to help Sir Arthur Chichester to expel Brian mac Art who had secretly entered Killultagh with 500 men and they performed that Service effectually Morisin 271. and brought the Rebels to so low a condition that they saw three Children eating the Entrails of their dead Mother upon whose Flesh they had fed twenty days and roasted it by a slow Fire and it was manifest that some older people had been in that starving condition that they murdered and eat Children for a long time together and were at last discovered and executed for that Barbarity In short the Famine of Jerusalem did not exceed that amongst the Rebels of Ireland and therefore it is no wonder that on the 30th of March 1602. Cambd. Eliz. 658. the Earl of Tyrone not knowing the Queen's death did at Melifont in most humble manner and upon his knees make his submission to the Deputy tho' at the same time Sir Neal Garve being discontented did with Mac Swiny concert the measures of a new Rebellion and took upon him the name of O Donell and made the people swear Fealty to him In Munster the Irish by the contrivance of O Sullevan Bear had surprized the Castle of Dunboy and taken it from the Spaniards in February whereat Don John was exceedingly troubled and offered to go in person to recover the Castle that it might be surrendered according to Capitulations 1601. but the Deputy and President who were willing to be rid of him excus'd him for that and told him They would take care to reduce the Irish to their Duty and so Don John and his Spaniards imbarqu'd for Spain on the 8th although they did not set sail till the 16th of March In the mean time O Sullevan was busie fortifying Dunboy and had hired Tirrell William Burk and others with 1000 〈◊〉 for his defence and the President was not idle but on the 9th of March sent the Earl of Twomond with 1200 Foot and 10 Horse into Carbery and Bantry to destroy those Countries and to view Dunboy that he might be the better able to provide for its Reduction but the Earl could march no farther than Bantry where he left five Companies in Garrison and returned to Cork On the 23th of April the President marched from Cork to Awnebuy 1602. and on the 24th came to Tymoleague the 25th to Ross the 26th to Castlehaven the 27th to Baltimore the 29th to Kilcoe and the 30th to Castle-Carew alias Dowminark On the first of May Capt. Taaf took a Prey of 300 Cows and many Sheep and on the second Capt. John Barry brought in another Prey of 500 Cows 300 Sheep and 300 Garrans and on the 8th 300 men were in the night sent to Artully to meet Sir Charles Wilmott's Forces and to conduct them to the Camp which was effected to the great grief of the Rebels and a Prey of 4000 Cows was taken in Iveragh This Sir Charles Wilmot had done great Services in Kerry where he took the Castles of Lixnaw Ballyhow Castle-Gregory and Raâ—ane and defeated the Knight of Kerry and forced him and Damell mac Carty to submit But the
Iblid 5 6. says Fryar Paul King and yet Mr. Beling Confesses that even the Regulars In omnibus fere Regni locis Libere quiete pacifice possidebant mansionibus They really had less cause to Rebel in 1641 than at any time before they never had greater indulgence than at that time and several new Graces and Favours were but the August before condescended unto them As for the intercepted Letters they could never shew any that were Authentick nor indeed any at all and if the Forgery of a Lye or the intercepting of a Letter perhaps written for that purpose by one of themselves is in their Opinion a sufficient excuse for so general and so inhumane a Rebellion how much does it import the Government to take care that they shall never be able to Rebel any more But could they really be afraid that it was a Puritanical War when they saw it managed by the Marquiss of Ormond from the very beginning or if their Jealousie of the Puritans was Earlier and the Motive to their Insurrection why then did they fall upon the Bishops and their Clergy and Murder the conformable Protestants And as for their Extirpation it was far from being designed or any thing like it in his Majesties Reign and in Truth is so contrary to the Nature of an English Man that we find that when the Parliament had subdued them and brought the whole Irish Nation under their Power and tho' they were provoked by this barbarous Rebellion and a Ten years War yet they did not extirpate them nor indeed lessen their number to that degree that in Prudence they ought to have done for the security of the English and to prevent their Expulsion out of that Kingdom a second time But it is necessary to observe that most of the things they offer to justifie or excuse this premeditated Rebellion were ex post facto and happened after the Rebellion broke out to which they had no regard in their first Conspiracy which the Earl of Castlehaven assures us Review 22. was laid partly at home and partly abroad several years before the Troubles either of England or Scotland began The next Objection is The Fourth Question That there were great Cruelties and many Murthers committed on both sides and that some English gave Orders not to spare Man Review 29. Woman nor Child in the Enemies Quarters and that the Irish desired the Murtherers on both sides might be punished and they desire you to Read R. S. his Collection of Murthers To which I Answer That if the Assertion were true yet it must be considered that what the British did was in time of War in the greatest Passion and upon the highest Provocation that could be and it is not strange that Men whose Substance was plundered and whose Relations were murdered should whilst the Anguish was upon them be intemperate in their revenge if the Irish could murder so many upon causeless and pretended Fears and Jealousies in a time of Peace why should they object some few Excesses in a just revenge for real Injuries in a time of War And indeed the Irish being the first Aggressors are answerable even for the severity they occasioned upon themselves but there is no need of farther arguing if a difference be not made between Execution in War and Murder in cold Blood and in time of Peace But 't is said they did consent the Murderers on both sides should be punished but who should be the Judges No others but an Irish Parliament of their own choosing which they knew would condemn the most Innocent Protestant and acquit the most Criminal Papist besides though it be no evidence to a Court that I left 500 persons behind me in such a Parish and that none of them can since be found or heard of and I believe were all murdered This I say is no Evidence against A. B. and yet it would satisfy any impartial Hearer that these persons came to untimely Ends and by the means of those in whose power they were so that the makers of the Act of Settlement had good reason to say That the Rapines Depredations and Massacres committed by the Irish and Popish Rebels and Enemies were not only well known to that Parliament but are notorious to the whole World Irish Stat. 502. not withstanding the many Means and Artifices which for many years together have been used to Murder such Witnesses Suppress such Evidences and also to Vitiate and Imbezil such Records and Testimonies as might prove the same against particular Persons And as to R. S. his Collection of Murders it is a mere heap of Forgeries designed only to make a noise he begins with the aforesaid Story of the Massacre in the Isle of Magee which he says was the first in Ireland though really it was subsequent to many hundreds of Murders committed by the Irish on the 23d of October and thenceforward he will not allow the Lord Mayo nor Lady Roch to be guilty though they were Condemned and Executed after a fair Tryal on full Evidence he falsly brags That there were no Murders in the County of Cork but I have mentioned some and given the reason why there were none published viz. The Murder of Archdeacon Byss who had the account of them Finally he says that 238 Irish were murdered in Cloghinkilty and 88 ty'd back to back and drown'd in Bandon And because I have for some years lived in both those Towns I can assure the Reader That the first is no more than what I have related page 113. saving that perhaps there might be some Women and Children in the number I there mention and the second is utterly false as I am credibly informed from several ancient Inhabitants of that Town The next Question is The Fifth Question Whether the King Countenanced or Commissioned the Irish Rebellion because the Irish Clergy assured the People he did and Sir Phelim O Neale shewed the Original Commission to several The Supreme Council favoured this Report by pretending to act for His Majesty's Service and by alledging That the Support of His Prerogative was the chief Motive of their Insurrection and their Generals Owen Roe and Preston did in effect avouch it by summoning Castles and Garisons in His Majesty's Name to Surrender to them to the use of His Majesty and particularly Preston did so at Castlejordan and Duncannon Moreover the Irish called themselves The Queen's Army and the King sent but 40 Proclamations against them and the Lord of Antrim's Information Appendix 49. and King Charles the Second's Letter to restore that Lord because what he did was by the King's Order do create abundance of Suspicion in this particular To which I answer That the King was altogether innocent in this matter and first I must premise That they who abett this Objection do greater Service to the Irish than they are aware of for if the King Commissioned them there could be no Rebellion they might be
Robbers or Murderers as many as were guilty respectively but not Rebels if they had the King's Commission for what they did and consequently the Forfeiture of their Estates for that Rebellion whereof they could not be guilty would be unjust and void and those that Enjoy them would be bound to make Restitution But this Observation is nothing to the Truth or Falsity of the Objection and is therefore offered only to prepare and dispose some prejudiced and prepossessed Minds to the Reception and Entertainment of Truth when it is discovered and proved As to the Reasons of the Objection they shall be considered in order And first whoever reads the ensuing History or knows any thing of the Popish Clergy at that time in Ireland will be easily satisfied that their Testimony in this case is the worst sort of Irish Evidence and as for the Commission shewed by Sir Phelim O Neal it is certain that he forged it and made one Michael Harison take a Seal from a Patent he found at Charlemont and fix it to this Counterfeit Commission and thus much Sir Phelim and Harison confessed at Sir Phelim's Tryal and Sir Phelim did the same at the Gallows ☞ although he was offered to have his Life spared and his Estate restored if he could shew any Commission from the King As for the Pretences of the Supreme Council and their Generals all the world knows that their Contradiction and Hypocrisy were apparent for they made the same Pretences even whilst they fought against the Marquis of Ormond and His Majesty's Army and they pretended to maintain His Majesty's Prerogative whilst they were actually usurping all His Prerogatives even to that of making War and against Himself and with the same confidence and design they enjoyned Loyalty and Allegiance in the first Clause of that Oath of Association which was to dissolve all their Allegiance and to be the Cement of their Conspiracy and Rebellion As to the number of the Proclamations His Majesty sent I do aver from Authentick Copies of the Lords Justices and Councils Letters that they did at first write but for 20 and afterwards they desired that they might have 20 more so that they had the full number they sent for and all Signed by the King 's own Hand and Seal with his Signet and if it be considered what use could be made of these Proclamations it will be easily allowed the Number was more than sufficient for they could only serve to undeceive those that doubted Whether the King countenanced the Rebellion or not And it is manifest from the Success that not one of the Confederates thought that he did for we do not find that one of them was converted or withdrawn from the Rebellion by all these Proclamations And as for the Lord of Antrim's Information Appendix 49 it expresly clears the King from giving any Commission for the Rebellion and as to the Letter in favour of that Lord 1663 and his Restoration to his Estate thereupon it may argue the Prevalence of Popish Councils at Court at that time but cannot infer any Guilt on the King that was dead 15 years before and in good manners we ought to say they were the words of the Secretary and not the words of the King since it is notoriously known that they are not true whosever words they are for Antrim was so far from acting by the King's Orders that he sided with the Nuncio and publicâ—â—ly opposed the Peace of 1646. and 1648. and accordingly the Duke of Ormond and the Council of Ireland did by their Letter of the 3â—th day of July 1663. at large discover to the King that His Majesty was misinformed both in the Man and the Matter And I must add that neither the Cessation nor the Peaces of 1646. and 1648. nor any Fav 〈…〉 r extended to the Irish after the War broke out between the King and Parliament do concern this Argument because they were done upon another and a different Reason viz. To reconcile His Subjects of Ireland that they might joyntly contribute to His Majesty's Assistance in England he was attacked on both sides and tryed to get rid of one Enemy that he might the better prosecute the other he made several Essays to that purpose with the respective Parties both in England and Ireland and it were as good Logick to argue him guilty of Favouring the Covenanters because of the Treaty at Vxbridge as to say He Countenanced the Irish Rebels because of the Treaty at Sigginstown And having thus answered the Objections I proceed to demonstrate That the King had no hand in that Execrable Rebellion First because he Signed 40 Proclamations against it and in his Commission to hear their Grievances at Trim there is this passage Although We do extremely detest that odious Rebellion which the Recusants of Ireland have without ground or colour raised against Vs Our Crown and Dignity which the Irish would never have endured for they were highly dissatisfied with the Expression nor the King have offered if they could have made so good a Justification of themselves as His Majesty's Commission would have amounted to I do not think it necessary to add That His Majesty devolved the Management of that War on the Parliament and disposed of 2500000 Acres of their Forfeited Estates to the Adventurers though by these two Actions His Majesty did in a great measure put it out of his power of shewing the Irish any favour and much less shall I insist upon his Generous Offer to go in Person against the Irish nor his frequent Expressions of his detestation of that Rebellion and particularly to an English Earl of unquestionable Honour and Integrity yet living who expostulated with His Majesty upon that point anno 1642. and to whom the King denyed his knowledge of it with Asseverations and Abhorrence and vowed That if his Son had a hand in it He would cut off his Head I say that I will not enlarge upon these Matters because this one Consideration must convince all Mankind of the King's Innocence in this Affair and that is That an Irish Rebellion was the most unlucky and fatal thing that could happen to His Majesty at that juncture it broke all his Measures and was so evidently against his Interest that no body can suspect him to contrive it that does not at the same time think he was mad ☞ for if Ireland had stood quiet His Majesty might have drawn vast assistance of Men and something of Treasure from that Kingdom either against the Parliament or against the Scots as he had occasion whereas by that Rebellion all his Friends in Ireland were otherwise engaged and became rather a burden than an help to him In a word the very same Reasons that moved His Majesty afterwards to the Cessation and the Peaces were as strong and would have been as prevalent with him to prevent the Rebellion if he had had the least notice or suspicion of it and accordingly we find that
and other the Contents of their Petition His Majesty replyed It needed not any more than to prove the Sun shines when we see it The next Objection is The Eight Question That the Lords of the Pale and the Earl of Castlehaven in particular were necessitated for their own safety to joyn with the Rebels Vindiciae Catholicâ—â—â— 3. finding no Protection from the Government for the Lords Justices might easily have suppressed the Insurrection at first but they desired it might encrease that so there might be more Forfeitures But this is Gratis dictum and without Foundation as appears not only by the Commissions and Arms given to several Lords of the Pale which they perfidiously abused to the prejudice of the State Temple 33. and by the Lords Justices design to Arm all those of the Pale if need were but also by the very instance of the Earl of Castlehaven for tho' the Lords of the Pale went into Rebellion the Second of December yet he lived quietly at his House at Madingston many Months afterwards as himself Confesses and 't is certainly true that even he and the Marquiss of Antrim who was at his house came down to the English Army near Killcullen in March after to visit the Earl of O rmond and was kindly received by him and some few days afterwards being Victorious at the Battel of Killrush Castlehaven treated him at Madingston and mutual Civilities passed between them And about the same time he had such Correspondence with the State that he took upon him to intercede for the Lords of Gormanstown Slane and others so that he might have been safe enough if he pleased and was not under any necessity to go out into Rebellion as he afterwards did And tho' I believe that this Lord was not in the first Conspiracy yet it will appear by what has been said in the Answer to the former Objection that most of the other Lords of the Pale were nor indeed could the Irish have undertaken the Rebellion without them for they were not able to carry on the War by themselves P. W. Remonstrance 595. without the Assistance of the Old English for as Peter Welsh very well observes It is well known that the Irish never signified any thing considerable in any of their Vndertakings and had been presently crushed in this if the English Colonies had not joyned with and supported them But whoever frames an Idea of those times in his own thoughts and reads the passionate Letters of the State for Succours cannot conceive any thing so ridiculous as that the Lords Justices delighted in those sad Spectacles of misery which daily flocked to Dublin or in the report of the most barbarous Inhumanities every day committed on their Friends and Country men but above all the continual Danger they were in themselves and their disadvantage and loss by the Rebellion do sufficiently vindicate them from endeavouring to make this Rebellion more general and formidable than really it was But what did the Lords Justices get by this Rebellion or did they Act or send any dispatch without the Council or did they not importune Aid from England even to the degree of being troublesome or did they not ask enough to make a speedy end of the War or had they a Free-hold in their Places or an unconroulable Power while they held them or what solid Foundation is there for all the Clamour that the Irish have made in this Case against the Lords Justces The Ninth Question The Ninth Question will be whether King Charles II. upon his Restoration stood obliged by the Articles of the Peace made Anno 1646. or the other Peace made Anno 1648. because the Lords Muskery Taaf and others did not faulter in their Allegiance from that time forward and therefore could not forfeit the benefit of those Articles To which I Answer That the Peace of 1646 cannot come in Dispute not only because the Congregation of the Popish Clergy at Waterford did publickly declare against it and Limerick Waterford and Clonmel c. never received it and the Irish Armies perfidiously broke it by indeavouring treacherously to intercept the Lord Lieutenant near Kilkenny and afterwards actually besieging him in Dublin but also because the general Assembly the proper Representative of their Party and Nation did publickly disown and reject that Peace by their Declaration recited Appendix 36. And as for the Peace of 1648. it was made with a Society or a Confederate Body and not with particular Persons and if that Society hath no Right to the benefits of that Peace it is certain that no particular Person can have any because his Claim and Title to it is as he is a Member of that Body Politick and his Case is the same with that of an innocent Freeman in a Corporation whose Charter is forfeited However this Body Politick or Imaginary is composed of particular Men and may forfeit its whole Right by the fault of some of its Members for malum ex quocunque defectu but if the greater part be Guilty there can be no ground for a doubâ— This being Premised it appears by the 29th Article That the Confedrates and their Garisons Towns and Forts were to be Commanded Ruled and Governed in chief upon occasion of necessity as to Martial and Military Affairs by such as the Lord Lieutenant should appoint But this Clause of that Article of the Peace was entirely violated by the Towns of Wexford Ross Waterford Clonmel Limerick and Galway even to the degree of depriving his Majesty of all the benefits and advantages he expected from this Peace and at length to the loss of the whole Kingdom Secondly Those Towns were to be restored to his Majesty whenever the Articles of the Peace were performed on his Part but the Confederates by their own Fault and their own Act gave them up especially Limerick and Galway to the Kings Enemies These were the Jewels his Majesty bought so very dear and yet the Confederates are so unreasonable to expect the Price without delivering the thing contracted for And if they Reply That those Towns were forced from them and without their fault yet that if true as it is not would not Entitle them to the benefits of the Peace For if a Man sell Land and it be evicted from him before he delivers Possession no Body will say he has Right to have the Purchase-Money from the Buyer and yet that is a parallel Case Nor have the Confederates the least Spark of Equity on their side because they might have surrendred the Towns to their King and ought to have done so but they neither did that nor submitted to his Authority as far as they had promised and therefore since they did take upon them to keep these Towns it is certainly at their Peril if they lose them Thirdly They did dissolve and renounce this Peace and the Kings Authority which is the first and chiefest Article tho' placed by way of Introduction for the
Rebellion than ever had been in Ireland to that time For the Lord Deputy having sent Proclamations of the King's Succession to all Cities and Burroughs not doubting but that they would be chearfully published in every place to his great amazement received this Account from Cork That Captain Morgan came thither with the Proclamation on the Eleventh of April and immediately Sir George Thornton one of the Commissioners of Munster went with it to Thomas Sarsfeild then Mayor who answered That by their Charter they might take time to consider it Sir George replied That since they knew the King's Right and that he was proclaimed in Dublin it would be taken ill if they delayed it The Mayor answered That Perkin Warbeck was also proclaimed in Dublin and that nevereheless much Damage hapned to the Country by their precipitation therein Whereupon Saxy Chief-Justice of Munster said That they ought to be committed if they refused But William Mead the Recorder told him That no body there had Authority to commit them Hereupon the Mayor and his Brethren c. went to the Court-house to consider of so important a Matter Sir George Thornton in the mean time staying in the Walk to expect their Resolution After an hours stay there he sent to know their Mind they put him off for an hour more and when that was expired they plainly told him They could not give their Answer till the next day Whereupon he said He would proclaim the King without them But they let him understand That he had no Authority within their Liberties to do so neither would they permit him to do it And so they put it off till the Thirteenth of April and then Sir George Thornton and the Lord Roch and about 800 Soldiers and others proclaimed the King in the North Suburbs near Shandon-Castle but the Mayor and Citizens deferr'd it till the Sixteenth and then wrote a sawcy Letter to the Lord Deputy importing That they had receiv'd the Proclamation on the Eleventh of April but had delayed publishing it till the Sixteenth for the greater Solemnity and they desired that Halbowling Fort not being in the Hands of a sufficient Commander to secure it might be put into the Hands of the Mayor and Citizens for whose Defence it was made But the Citizens not expecting an Answer to their minds from the Lord Deputy designed to set up their Religion by force and to that end they kept strong Guards on their Ports and Gates and stopt the King's Boats going with Victuals to Halbowling so that the Commissioners were forced to relieve that Fort with Ammunition and Victuals from Kinsale they also carried the Cross in Procession about the City and forced People to reverence it they also defaced Sentences of Scripture that were written on the Church-walls and painted the places with Pictures they re-consecrated the Churches and went daily in Procession they also took the Sacrament to spend their Lives in defence of the Roman Catholick Religion they disarm'd such Protestants as were in their Power and rejected the mixt Moneys and refus'd to suffer the King's Provisions to be taken out of the Store until they should be assured that the Soldiers should be sent out of the Liberties of the City they also endeavoured to get the South Fort into their Hands so that Sir George Thornton was forced to shelter himself in Shandon Castle Upon notice of these Proceedings Sir Charles Willmot who was besieging Mac-Morris in Ballingary Castle immediately repair'd to Cork and finding that no good was to be done by Treaty he sent 600 Men over the Ford by Gillabby into the South Fort and thô two of them were kill'd in their Passage by Shot from the Walls yet the rest got in safe and secur'd the Fort However the Citizens mounted some Guns and shot at the Bishop's Palace and Shandon Castle thô the Lord President Carew his Wife was in the one and the Commissioners of Munster in the other Nevertheless on the 28th of April the Lord Deputy wrote a kind Letter to the City of Cork and required them to suffer the King's Stores to be issued out to the Army but they excus'd themselves and answered That they did not know but those Stores if delivered out might be made use of against the Town Whereupon the Lord Deputy wrote a smart Letter to them on the First day of May but before it came to their Hands the Citizens under the Conduct of Christopher Murrough had removed the King's Stores into their own Cellars Morison 291. and being taught by a Seditious Priest That he could not be a Lawful King who was not approved by the Pope nor sworn to maintain the Catholick Religion they took a Resolution in Publick Council to excite the other Cities and Towns to Confederate with them for the Preservation of the Catholick Faith and resolved to defend themselves by Force It hapned that some few were slain on either Side and particularly a Minister was kill'd by a Shot from the Town and one of the Bishop's Servants was wounded and taken Prisoner and was told by them That the Traytor his Master should not escape Death if they could get him within their Power But their Insolence will best appear by their own Letter to the Lord Deputy the Substance of which is to be found here Appendix 1. In the mean time the Commissioners of Munster finding that they wanted Artillery sent for some to Halbowling but the Citizens having notice of that Design Mann'd out some Boats under William Terry to intercept them Nevertheless they arrived safely and thereupon the Citizens being frightned with the noise of the Great Guns agreed to a Cessation until the Lord Deputy should come But the City of Cork was not the only Place that was Rebellious at this Junctuâ—e Waterford was altogether as ill inclined tho' it had not an Opportunity of doing so much Mischief However they did their Share and first they pulled down Sir Nicholas Welsh their Recorder from the Cross where he was reading the Proclamation of the King's Succession They also broke the Doors of the Hospital and admitted Dr. White to preach a Seditious Sermon in St. Patrick's Church wherein amongst other inveterate things he said That Jezebel meaning Queen Elizabeth was dead They also took the Keys of the Cathedral from the Sexton and caused a Priest to celebrate Mass there Nor were the Towns of Clonmell and Wexford free from the like Insolencies but they being the weaker and the less populous Places were sooner sensible of their Faults than were other Towns where Tumult and Noise gave less opportunity of Thinking and Number and Fortification encourag'd to Obstinacy and therefore these Corporations restored the Churches and submitted to the Lord Deputy's Commands before the Army approached their Walls whilst on the contrary Limerick which has seldom been backward in an Irish Rebellion was one of the forwardest in this and gave their Priests the Possession of all their Churches where they erected Altars
and publickly celebrated Mass This City is seated in an Island surrounded with the River Shenin and joyned to the Continent by two stately Bridges of Stone it is fortified with good Walls and a strong Castle and is justly esteem'd the most Impregnable Town in Ireland and certainly its Strength and Reputation has often prov'd a Snare to the Inhabitants and prompted them to such Acts of Disloyalty as otherwise they would not have dared to perpetrate And tho' at this time Limerick did submâ—t without a Siege because all its Accomplices had first done so yet in the succeeding Rebellion it not only defied all His Majesty's Forces abus'd His Herald and affronted His Lord Lieutenant but at last put the whole Power of England to the Necessity of making a Second Tedious and Bloody Siege before they could reduce it which I have observed in this place because I would lose no Opportunity to put the English in mind how much it does import them upon a new Settlement that care be taken that those Strong Places should be inhabited only by a People faithful to the Crown But to proceed The Religious at Kilkenny were not less precipitate and insolent than their Brethren elsewhere Edmond Raughter a Dominican headed the Sedition in that City and broke open the Black-Friers which had for some time been used as a Court-house and pulled down the Seats and erected an Altar and forced the Keys of his House from one Mr. Bishop that lived in part of that Abby and gave Possession of the whole Abby to the Friers altho' by Act of Parliament it was turned to a Lay-Fee and by Legal Conveyances became the Propriety of other Men. These Rebellious Proceedings in so many principal Cities and Towns necessitated the Lord Deputy to undertake a Progress to Munster and on the Fifth of May he came to Gracedea near Waterford and summon'd the Mayor and his Brethren to open their Gates and receive him into the City with His Majesty's Army and tho' at first they refused to admit any Forces into the Town except the Lord Deputy and his Retinue alledging some Privilege or Exemption to that purpose by vertue of an Ancient Charter from King John yet when the Lord Deputy had told them That no King could give that Privilege to his Subjects whereby his Successors should be prejudiced in the due Obedience they were to expect from them and that if they did not open their Gates immediately but put him to the Necessity of entring by Force he would cut King John ' s Charter with King James ' s Sword and ruin their City and strew it with Salt they tamely opened their Gates notwithstanding their former boasting and the Lord Deputy and the Army march'd into the City But whilst he was in his Camp at Gracedea the Mayor at his Excellencies Request sent out Doctor White and a young pert Dominican Frier to discourse with his Lordship in Matters of Religion and to shew him the Grounds and Reasons of these Proceedings which his Lordship thought so temerarious and unaccountable And the Friers had the confidence to come in their Habits with the Crucifix exalted before them Sullivan 199. and to tell the Deputy That the Citizens of Waterford could not in Conscience obey any Prince that persecuted the Catholick Faith This led them into Discourse wherein at length Doctor White cited a Passage in St. Austin for the Proof of something he asserted and it hapning that the Lord Deputy had the Book in his Tent he caus'd it to be sent for and publickly shew'd to all the Company that the Words cited by the Doctor were not St. Austin's Opinion but were quoted by him as an Objection which in the same place he opposes and confutes and inferr'd That it was highly disingenuous in the Doctor to quote that Sentence as St. Austin's Judgment when he knew that his Opinion was directly contrary to it Whereupon the Doctor was confounded the Citizens were ashamed and the Conference ended In the mean time the Lord Deputy to prevent farther Mischief at Cork and to humble them with the certain notice of his Approach sent the Mayor of that City the following Letter FOr the dispatch of Your Messenger and not to omit any thing that lieth in me to make you understand your dutiful Obedience to His Majesty and the great Errors and insolent Demeanour you have of Self-will or Malice entred into I am content to write unto you tho' I know not well in what sort to write For by your Courses I cannot take you for Subjects and out of my desire to interpret your Actions to the best I could wish not to have cause to repute you Rebels To deal plainly with you for any thing that your selves inform or I can otherwise learn I see not that Sir Charles Wilmot hath done but as in his Duty he was tied to do But I am presently drawing down to the City of Cork and having reserved one Ear for any your just Complaints will judge of your Proceedings as I shall find them I have let you understand my Pleasure by my Letters one sent by Master Meade which if he have not delivered he is more to blame and I assure my self some of them came to your Hands and in all I have charged you upon your Allegiance as again by these I do to desist from Publick Breach of His Majesty's Laws in the Celebration of the Mass prohibited by the same and to yield due Obedience to His Magistrates and especially upon your extreamest Perils not to presume to make any stay of His Majesty's Victuals and Munition left upon especial Trust on your Fidelity within the Walls of that City but to suffer it by His Majesty's Commissioners of that Province to be issued to the Forts or where they shall think meet for the present Service I shall be glad to find that you conform your selves to due Obedience in all these and other Duties of Good Subjects if otherwise you obstinately persist in the contrary I must needs hold you for Enemies to the King and the Peace of these His Realms and as such think you fit to be prosecuted by the revenging Sword of these and other His Majesty's Forces From the Camp at Gracedea near Waterford the Fourth of May 1603. And on the Eleventh of May the Lord Deputy came with his Forces to Cork which had for some days been blocked up by the Commissioners of Munster Nevertheless he had immediate admittance into the City without any previous Capitulation whereby it is manifest That some who have but small regard to Dangers that are remote have a delicate sense of those that are near Would any Man believe that these insolent Rebels that refus'd to proclaim the King and seiz'd on His Stores threatned to murder the Bishop and shot at the Lord President 's Lady and the Commissionerâ—s and had kill'd a Minister and several others of the King's Subjects so that Mr. Sullivan brags That they
Three pence per Pound for other Goods due by Common Law But the Irish were very uneasie at the Plantation of Ulster and therefore it was necessary to countenance and protect it with an extraordinary Militia in that Province to support the Charge of which the King 1611. on the 22th day of May instituted the Order of Baronets which was to be Hereditary and not to exceed the number of Two hundred and every of them upon passing the Patent was to pay into the Exchequer as much Money as would maintain Thirty Men in Ulster for Three Years at Eight pence a day But if the Reader desires to know more of this Order I must refer him to Selden's Titles of Honour pag 822. and 909. and The Present State of England pag. 289. and Sir Richard Baker's Chronicle ad Annum 1611. But there had not been a Parliament in Ireland for Seven and twenty Years past since the Twenty seventh Year of Queen Elizabeth's Reign so that it was high time to call one now and the Ministers of State were at work to manage that Matter to the advantage of his Majesty and the English Protestant Interest in that Kingdom which they foresaw would be oppos'd with might and main by all those of the Popish Party and therefore they propos'd that an Order should issue for every Parliament-man to take the Oath of Supremacy and that the Lords should declare their Suffrages openly Content or Not content as in England and not rise and whisper in the Lord Chancellor's Ear as was the Custom in Ireland and that the King should find some Pretence to send for some few of those Noblemen that would most briskly oppose his Intentions as Henry the Eighth had formerly done and particularly that the Lord Courcy might not be suffered to sit in the House because his Ancestors were called by Writ and so his Honour being in Fee-simple did descend to Daughters who were Heirs-general of his Family and that the Lord Shrewsbury's Titles of Honour in Ireland were not * Contra adjudg'd 4. Inst cap. Ireland forfeited by the Act of Absentees and therefore he might have a Voice in that Parliament or make his Proxy and that for the Credit of the Business the Lord Deputy might be Ennobled before the Parliament sat But some of these were not practicable and the rest not thought fit to be done at that time But I must not forget to take notice of a necessary Office in those days tho now it be obsolete viz. the Interpreter to the State which was enjoy'd by Thomas Cahill with an Annual Sallary of 26 l. 6 s. 8 d. In September the Lord Deputy published a Proclamation of the intended Parliament and thereby invited the Subjects to exhibit their Grievances and to consider of Proposals for the Publick Good to be past into Acts and he also signified his Majesty's gracious Intentions to erect some new Corporations for the better Encouragement of the Plantation of Ulster And it seems that the Government was thenceforward imploy'd about the Plantation of Ulster and the Preparation of Bills to be past in the approaching Parliament and in erecting of some new Corporations viz. Belfast Charlemont Aâ—trim Bandon Cloghnikilty Tallow Newry Lifford Donegall Ballyshanon Tâ—â—am Eniskilling Traly Athy Bi r Kilmallock c. The Bills that were design'd to be made Acts of Parliament were 1. An Act to cut Paces and mend High-ways 2. To extinguish Uses and suppress fraudulent Conveyances 3. That Sale in Market overt should not alter Property of Stolen Goods 4. For the Enrolment of Deeds of Bargains and Sale and for Conveyance of Land 5. To try Accessories in Foreign Counties 6. To reduce Peremptory Challenges to Twenty 7. To enable Tenant in Tail to make Leases 8. To deprive some Criminals of Benefit of Clargy as in England 9. For making Linen Cloth sowing Hemp and Flax. 10. For Trial of Pyrates 11. To Re-edifie Cathedral Churches and to remove some of them to Gallway Dingle Carigfergus Newry Wexfoâ—d Cavan c. 12. To restrain Ecclesiastical Persons from Alienating c. 13. Against Pluralities Non-residence or Simony 14. Against Receivers and Harbourers of Jesuits Serminary Priests c. 15. And sending Children beyond Seas 16. Against Idle Holy-days 17. To expeâ— Monks Friarâ— Nuns c. 18. To give the King all Chantries and other Superstitious Uses 19. To establish the Compositions 20. For the Attainder of the Earls of Tyrone Tytconel and others 21. To revive and perpetâ—ate the Impost of Wines 22. To Naturalize Manufactures 23. To resume all Immunities to Corporations from Customs 24. That those Attainded of Treason in England shall forfeit their Estates in Ireland 25. An Act of Recognition 26. To abolish the Brehon Law and Tanistry and Irish Exactions 27. Artificers Apprentices to be Free-men in any Corporation 28. Against Idlers and Vagabonds 29. The Barony to answer the Stealth unless they can track it farther 30. That Bastards take the Name of the Mother and that it be Felony to lay it to any Man 31. No Man to keep a Woman as a Wiâ—â— and turn her away at pleasure on pain of One Years Imprisonment And if any Authorized Priest do divorce it to be Felony 32. Against Usury above Ten per Cent. 33. To impower Judges of Assiâ—â— to raise Taxes for Court-houses and Goals But in November 1612 1612. the Popish Lords dissatisfied with these Proceedings wrote a joynt Letter to the King complaining that the Bills to be passed in the next Parliament were not Communicated to them they also complained of the new Corporations and that the Oath of Supremacy was tendered to Magistrates and they insinuated the Danger of a general Revolt and concluded that if the Laws about Religion were repeal'd a firm and faithful Subjection would be established in their Minds and on the 17 th of May 1613. the Popish Lords did Petition the Lord Deputy to the effect aforesaid adding nevertheless some stubborn and unseemly Expressions and questioning the Kings Prerogative in erecting new Corporations or calling by Writ new Lords to Parliament and they affirmed some of the new Burroughs were unfit to be incorporated and they excepted against the Castle of Dublin for the place of Session and the rather because the Ammunition being there they might be in Danger of being blown up and they were troubled at the Lord Deputies Guard as that which they said was design'd to keep them in Awe and terrifie them into Compliance But these were but vain Pretences Lib. C. for they well enough knew that the Guard was but 100 Men as was usual and Customary and that it was impossible to blow up the Papists but that the Protestants also and perhaps the City of Dublin must have likewise been destroy'd on the contrary the Papists were so far from being afraid that they were very tumultuous and came to Dublin in vast numbers to frighten the Government The Lord Gormanstowne was amongst the most Seditious and unruly
even to intimate some Menaces of Rebellion and in a manner delineated and discrib'd how it would be Imanaged And the same day the Papists of the House of Commons did likewise write to the Lords of the Council in England about the new Corporations and the wrong done their Speaker Everard and they exaggerated their Complaints to that degree as if their Extremities and Sufferings were so strange and so intolerable that they wanted Words to express or Patience to bear them and they laid all the blame on the Principal Officers and Counsellors of State And on the twentieth of May the same Men petition'd the Lord Deputy to dispence with their Attendance in the House of Commons because they were afraid of their Lives and they desir'd he would shew them by what Authority those sat in the House that were now in possession of it and they demanded to have a sight of the King's Letters the Grants and Charters of the New Corporations and of the Returns of Elections And the next day being the 21th of May they petition'd the Lord Deputy again importing That if they might be secure of their Lives and have the Benefit of the Law and that the Returns may be rectified that then they would repair to the House and present the Speaker All which the Lord Deputy granted and promis'd and thinking that they sincerely meant as they spoke his Excellency went to the Upper House in expectation that they would joyn with the rest of the Lower House and attend him with the Speaker But in stead of that on the same day they petition'd again That the new Burgesses might be first excluded and not admitted into the House till their Case was debated and determin'd altho they well enough knew that what they propos'd was unpracticable until first a Speaker was setled But their Business was to baffle and avoid this Parliament if possible to effect which they little matter'd what vain Pretences they made use of And therefore tho the Lords had nothing to do with the Lower House yet to make a Clamour as if they had been wonderfully abus'd they also petition'd the Lord Deputy the same 21th of May to the effect aforesaid and in their Petition asserted That the Lord Deputy's Commission did not authorize him to make New Corporations and concluded with a Request to be excused from attending the Parliament and to have leave to wait on the King in England The Deputy told them That the Affairs of the Lower House did not concern them and therefore commanded them to attend their own House and to proceed in a Parliamentary way to the Business of the King and Kingdom But they persisted in their Obstinacy and on the 23th of May they sent him a Writing in the Form of a Petition whereby they positively refus'd to come to Parliament until the King should take some better order to settle Matters as to the Lower House for tho the Houses were distinct yet they made but One Body and were but One Parliament and they protested against all Laws that should be made in their absence and that if any be made the Subjects will reject them as disorderly and unjustly enactedâ— And this was followed with a Petition of the Commons on the 25th of May wherein in a very sawcy and undutiful manner they pressed the Lord Deputy for a sight of the King's Letters about the New Corporations and for their Charters and the Returns of all the Elections and for a Copy of his Commission to hold that Parliament and for License to send Agents to England to acquaint the King with their Complaints Nevertheless the Lord Deputy by Proclamation commanded them to their respective Parliament houses to pass the Act of Recognition of his Majesty's Title assuring them that no other Bill should be read that Session And he also sent a Messenger to every Lord particularly to Summon him to attend the House But the Commons were so far from complying that on the same day viz. the 26th of May. they presented him with a Petition Recognizing the King's Title but utterly refusing to sit in the House unless their Speaker Everard might be approved and the new Burgesses rejected And the next day the Lords did in like manner by Letter Recognize the King's Title but refus'd to come to their House until the Affairs of the Lower House were rectified and setled Nevertheless both the Popish Lords and Commons had such a great Attendance and there was so great a Concourse at Dublin from all parts of the Kingdom which probably did wait but for some Pretence to be in Action that the Government did not think fit to imprison any of the Mutineers but took a wiser Course by adjourning the Parliament that so his Majesty's Pleasure might be farther known The Recusants lost no time but sent over Agents to the King and levied a Tax upon the People to bear their Charges altho' the Deputy publish'd a Proclamation to prohibit any body to contribute to the Charge of the Agents or to levy any Tax for that purpose and assur'd the People that the Agents went over for their own private Business or Caprichio and not for the Publick Good Nevertheless it appears by the Examination of John O Drea and Donough O Drea Lib. T. T. 175. taken upon Oath before Sir Lawrence Parsons that the Tax levied by the Priests and Jesuits for these Agents was Two shillings of a Yeoman and Five shillings of a Gentleman and that the Lords Barry Roch and others carried Priests and other Firebrands of Sedition with them to the Parliament at Dublin to instruct them how to behave themselves there and that there was a Dispensation brought over from the Pope by Fryar Thomas Fitzgirald unto the whole Kingdom of Ireland or rather all the Papists in it authorizing them to forswear themselves in all Matters moved unto them by the Protestants provided they do it equivocally Ita quod interna mentâ— secus opinentur and that the Deponent saw and read it It seems that the King who was of a peaceable temper and to save Charges had improvidently reduced the Irish Army to Seventeen hundred thirty five Foot and Two hundred and twelve Horse was willing to end this Matter in the mildest manner he could and received the Irish Agents kindly and the better to inform himself in this Affair he sent for the Lord Deputy into England and order'd him to substitute Lords Justices Doctor THOMAS JONES Lord Chancellor Sir RICHARD WINGFIELD Marshal who were sworn the Fourth of March 1613. 1613. They had little to do in Ireland because by the Presence of the Lord Deputy and the Irish Agents in England that Kingdom was become the Scene of Irish Affairs which were so well managed by the Lord Deputy that the King was fully convinc'd of the Seditious Designs of the Irish and therefore on the 21th day of April at the Council-Tale at Whitehall he made the following Speech before the Irish
that Our Realm are to be admitted to Sue their Liveries Ouster le Mains and other Grants depending in Our Court of Wards taking only the Oath here under expressed and any other Oath to be forborn in that Case And the Natives of that Kingdom being Lawyers and who were heretofore Practisers there shall be admitted to practise again and all other Natives of that Nation that have been or shall be Students at the Inns of Court in England for the space of Five Years and shall bring any Attestation sufficient to prove the same are also to be freely admitted by the Judges there to practise the Law taking only the said Oath I A. B. do truly acknowledge profess testifie and declare in my Conscience before God and the World That our Sovereign Lord King CHARLES is Lawful and Rightful King of this Realm and of all other His Majesty's Dominions and Countries And I will bear Faith and true Allegiance to His Majesty His Heirs and Successors and Him and Them will defend to the uttermost of my Power against all Conspiracies and Attempts whatsoever which shall be made against His or Their Crown and Dignity and do my best endeavor to disclose and make known unto His Majesty or His Heirs and Successors or to the Lord Deputy or other Governor for the time being all Treasons and Traiterous Conspiracies which I shall know or hear to be intended against His Majesty or any of Them And I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God XVI All Compositions in the Court of Wards or Alienations made bona fide for valuable Considerations Intrusions Primier Seisins Ouster les Mains and Liveries are to be reduced and limited to the Eighth part of the true Value of the Lands and Hereditaments so to be Compounded for And all Wardships and Custodies of Lands during the Minority of Our Wards are to be moderately valued according to the Discretion of the Judges of that Court Provided That if any Alienations shall be made whereby We shall be prevented of Primier Seisin and Relief of Wardship and that sufficiently proved In all such Cases Our said Court of Wards is not to be restrained to the limitation of the Rates of the Alienations as aforesaid but our Officers of the same are to impose such reasonable Rates and Values as may recompence Us in some measure of those Duties and Profits which otherwise should have accrued unto Us if no Alienation to Uses had been made XVII Our Court of Wards is not to make any Inquiries further then to the last Deceased Ancestor except it be by Special direction from Us. XVIII All Escheators and Feodaries are to be specially directed where any Freeholders Estate in Land doth not exceed the worth of Five Pound English yearly in the true improved value to return the Offices taken of such Land into the proper Courts without Charge to the Subject or other Fees to any Court or Officer save only Ten Shillings Sterling to the Officer that shall take and return the Office but no Charge is to be set upon the said Lands nor any Process to issue upon the said Inquisitions but only for our Reliefs due upon the Tenures Provided that if any such Freeholder have the value of one Hundred Marks English in Chattels Real or Offices then this Grace is not to be extended to him although his Estate in Land be under Five Pound per Annum XIX In General leading Cases that Court is to be regulated according to the Laws and Courses practised here in England whereof Our Judges here shall deliver their Opinions if it shall be desir'd And our Judges of that Court there are to nominate some of the best Quality of the several Counties to be joyned in Commission with the Feodary or Escheator to take Inquisitions XX None of the Clerks or inferior Ministers of that Court or Servant to any of the said Court is to be a Commissioner for taking Offices Not intending hereby to exclude the Officers of the said Court and others who by their Places are to be Commissioners XXI No Grants of Intrusions or Alienations or Leases of Mens Lands are to be made out of that Court to any before the Party interessed shall have personal warning and Affidavit returned thereof who is to be preferred before any other if he come in the next Term after the Office is returned and will accept it at the Rates thought fit by the Court. XXII Upon a Contempt in that or any other Court the first Attachment is to be directed to the Sheriff and if he make not a good return and the Party come not in during that Term to purge his Contempt then the further Process is to be directed to the Persuivant and no further in our Court of Wards Our Exchequer in this Point is to proceed according to the Law and Ancient Custom of that Court and our other Ancient Courts are to bold their Ancient Course and not to permit any Innovations of sending Messengers or other Officers XXIII For reducing and moderating of Fees taken by Officers and Clerks in our Courts there whereof great Complaint is made It is Our Pleasure That a Commission be directed under our Great Seal of that Our Realm to the Persons nominated in a List Signed by Us and herewith sent unto you for the regulating of Fees of all Courts Spiritual and Temporal according to the Form of a like Commission Granted here in England to some of Our Council here and others whereof a Copy is transmitted unto you upon return whereof an Act of State to pass for Establishing the same accordingly untill there may be an Act of Parliament XXIV For the better settling of our Subjects Estates in that Kingdom We are pleased That the like Act of Grace shall pass in the next Parliament there touching the limitation of our Titles not to extend above Sixty years as did pass 21 Jacobi Regis wherein are to be excepted the Lands whereunto We are intituled by Offices already taken and those already disposed of by our Directions And We are further Graciously pleased for a more ample Testimony of Our Goodness to Our Subjects of that Kingdom to direct hereby That from henceforth no advantage be taken for any Title accrued to Us Sixty years and above Except only to such Lands in the Kings County and Queens County whereunto We are intituled by Offices already taken within the said Term of Sixty years and which are not yet Granted nor Lawfully conveyed from Us and Our Crown XXV And We are Graciously pleased and accordingly do hereby require You That You give present Order for the Inhabitants of Conaught and County of Clare to have their Surrenders made in the time of our late most Dear Father inrolled in our Chancery there as of the time of our said Father according to the Date of the said Surrenders and allowing what Fees were formerly paid for
the Eighteenth of May there was an Order of Reference to him in the Controversie between the City of Dublin and the Merchants-Strangers from whom that City demanded Three pence per Pound Custom And on the Eighteenth of July he got an Order to the Lord Willâ—ot 〈…〉 General of the Army in Ireland to surrender that Office to him He had also the King's Letter of the Sixteenth of October to the Lords Justices That the Port-â—orn and Tithes belonging to the Chief Governor should be given to his Servants And he also obtain'd his Majesty's Commission of the Seventeenth of October to levy what Forces he should think fit or find necessary and an Order of the same Date to be paid the Charge of such Journeys and Progresses as he should think fit to make And Matters being thus fitted to his mind THOMAS Viscount WENTWORTH was on the Twenty fifth day of July sworn Lord Deputy 1633. to whom the Bishop of Kilmore and two other Bishops and the Inhabitants of the County of Cavan sent a Petition Bishop Bedel's Life containing some Complaints against the Army and some Proposals for the Regulation of it which was very ill resented at that time and interpreted to be a Mutinous and Insolent Attempt and brought the Bishop of Kilmore who was supposed the Author and Promoter of it under his Excellency's Displeasure until that Prelate afterwards explain'd himself averring That he did not intend by lessening or discountenancing the Army to expose with the Publick Peace his own Neck to the Skeins of the Romish Cut-throats But the Contribution or Tax of 20000 l. per Annum to which the Country had consented for two Years was now almost expired so that it was necessary to call a Parliament wich met the Fourteenth day of July 1634. 1634. at Dublin and granted Six entire Subsidies but not without the opposition of some Papists one of which moved That the Matter concerning the Subsidies might be put off to another time and then be again considered of This Parliament also passed an Act for the Confirmation of Patents afterwards to be past on the * Dated 29 June 1634. Commission of Defective Titles and then was Prorogued to the Fourth day of November following At the same time there was also a Convocation of the Clergy and preparatory to it the Precedency of the Archbishop of Armagh before the Archbishop of Dublin was determin'd and setled by his Majesty's definitive Sentence And this Convocation to manifest their Agreement with the Church of England did receive the Thirty Nine â—â—â—â—cles of that Church into the Confession of Faith of the Church 〈◊〉 Ireland nevertheless without aâ—rogating any of the Canons of the Convocation held Anno 1615. And a New Book of Canons for the most part agreeing with that of England was then compiled for the better Government of the Church of Ireland By vertue of these Six Subsidies which amounted to above 240000 l. and were payable Half-yearly the Lord Deputy was enabled to pay a Debt of 80000 l. due from the Crown and to support the Charge of the Kingdom without any Supply of Money from England This Lord Deputy had formerly obtain'd his Majesty's Order of the Sixteenth of January 1633. for the free transportation of so many Horses and Mares out of England as he the Lord Deputy should give Licence for by which means he changed Five hundred Foot of the Army for Six hundred Horse which were extraordinary good ones his own Stables exceeding that of any former Governors And indeed generally the whole Army was neither so well paid nor so well disciplin'd in any other time as it was in his On the Twenty fourth of September 1634. the King reciting That King James had by his Commission of the Tenth of August 1603. renewed or revived the Court of Castle-chamber as himself likewise had done by his Commission of 5 October 1625. and that now some Disputes are arisen whether that Court can sit out of Term or more than twice a Week His Majesty Orders That it it may sit when and as often as the Commissioners please and that a new Commission issue to that Purpose And about this time Emerus Mac Mahon afterwards Titular Bishop of Clogher discovered to Sir George Ratcliff a Plot for a general Insurrection in Ireland and Confess'd that himself had been imploy'd for some years in foreign Courts to solicite Aid to carry on a Rebellion which it seems they thought fit to adjourn to a more proper Season But on the 14th of November the Parliament met according to the Prorogation and sate till the 14th of December and were then Prorogu'd to the 26th of January from which time they sate till the 21st day of March and then it was again Prorogu'd to the 24th day of the same Month and sate from thence to its Dissolution which was on the 18th day of April 1635. I need not mention the Acts made in these several Sessions of Parliament because they are many and are to be found at large in the Printed Book of Statutes it is enough to say That they cull'd out all the choice Statutes that were made in England since the 20th of Henry the 8th that were proper for the Kingdom of Ireland and added to them some good new Laws that were peculiar to that Countrey The Parliament being thus ended and closed with an Act of Indemnity the Lord Deputy and Council made a Progress into Conaught to inquire into his Majesties Title to several Lands in that Province and on the 11th of July at Abby-boyle to still the Jealousies and Alarms the People were under at this great Inquisition they published an Act of Council 1635. That it was not his Majesties intention to take any thing from his People that was justly theirs and therefore that those who had effectual Letters Patents should have the full benefit of them as if they were found Verbatim in the great Office then to be taken provided the Patents or the Enrolment thereof were shewn to the Council-board before Easter Term next and by it approved to be good and effectual in Law and the like was done in other Counties of Conaught and so this great Inquisition which was one of the Spring-heads and Fountains of the succeeding Rebellion was with great Diligence and Success carried on and effected and the Kings Title was found to most part of that Province and a noble English Plantation was design'd Whereupon the Patentees and particularly the Lord Dillon of Costilo produced their Patents to the Council-board and it appearing those Patents were Granted by Virtue of a Commission 4 Jac. 1. wherein there was no direction about the Tenure it grew to be a Question whether the Patents to hold by Knights Service as of the Castle of Dublin were warranted by that Commission or valid in Law and after much debate it was solemnly adjudg'd That those Patents were void And this Case is well known to the Lawyers by the
the last Six years over and above 3 d. per Pound Impost and that he had the Consent of the principal of the Council and the Approbation of his Majesty who consented to an Act of Parliament for the Confirmation of it that the Council Sign'd the Proclamations and if any were Pillory'd Whipt c. it was for Perjury or like Crimes and the Fines were only in terrorem little of them being Levied and concludes that he is no Gainer by that Monopoly The Thirteenth Article was That he also Monopoliz'd all the Flax of the Kingdom by his Proclamations of 31st May 12 Car. 1. and 31st January in the same year prescribing and enjoyning Rules and Methods of making Yarn and Thread which the unskilful Natives could not Practise and ordering all Linen Yarn and Thread made in any other manner to be seized which was accordingly executed with Severity whereby multitudes were undone and many Starved To which he Answers That what he did was to incourage the Linen Manufacture in Ireland and to â—â—â—ing the Irish to a more Artificial way of making Linen Yarn Thread and Cloth that the Council concurr'd in the Proclamations which are Temporary Laws in Ireland and that he was a Loser of 3000 l. by this Project for the Good of that Country that the evil Consequences if any were Collateral and Accidental and that the misdemeanors of inferior Officers could not be Charged on him That he never used more than 400 l. worth of Yarn in a Year which could not undoe much less Starve such multitudes as they pretend The Fourteenth was That he impos'd a new Oath to make true Invoyce c. on Masters of Ships c. but the Managers declin'd this Article The Fifteenth was That he Arbitrarily impos'd Illegal Taxes on the Towns of Bandonbridge Baltimore Tallow c. and Cessed Souldiers on them till they paid them and by force of Arms expell'd Richard Butler from Castlecumber and imprison'd several of the O Brenans and their Wives and Children until they surrendred and releas'd their Rights and Estates To this the Earl Answers That when the Country granted the King 120000 l. in Nature of a Subsidy it was agreed between the Lord Deputy Falkland and Them that it should not be entered upon Record but be Levied by Captains by Paper Assignments by Warrant from the Lord Deputy and so it was done and the Money levied on Bandon c. was Arrears of that Contribution and it was levied without Force and that Castlecumber was Legally evicted and what Soldiers were sent there being but twelve were sent to Guard Mr. Wandesford's House against Tories but used no Force to Mr. Butler or any quiet Subject and that it was usual in Ireland to lay Soldiers on Delinquents The Sixteenth Article That he procured his Majesties Order 17th February 1631. that no Complaint should be received in England about Irish Affairs until it were first made in Ireland to the Lord Deputy and that by Proclamation of the 17th of September 11 Car. 1. All Persons that had Estate or Office in Ireland except such as had imployment in his Majesties Service in England or attended there by his special Command should reside in Ireland and not depart without Licence whereby People are hindred from complaining against the said Earl And One Parry hath been punish'd for so doing To this he Answers That it was by him and the Council conceived fit to prevent unnecessary Clamours here but that he never denied Licence except to the Lords of Cork Mountnorris and Roch because there were Suits against them in the Castlechamber and to Sir Frederick Hamilton by the Kings Command which was taken off when he knew the Design of his Voyage was to complain against him and to Lord Esmond for a short time because he was Major General of the Army and he saith that Parry was punish'd for other Misdemeanors by the Consent of the whole Council The Nineteenth was Rushw 494. That by Proclamation of May 20. 1639. he imposed a New Oath viz. I N. do faithfully swear profess and promise That I will honor and obey my Sovereign Lord King CHARLES and will bear Faith and true Allegiance to Him and will defend and maintain His Regal Power and Authority and that I will not bear Arms nor do any Rebellious or Hostile Act against him or protest against any his Royal Commands but submit my self in all due Obedience hereunto And that I will not enter into any Covenant Oath or Bond of mutual Defence or Assistance against all sorts of Persons whatsoever or into any Oath Covenant or mutual Defence or Assistance against any Person whatsoever by force without His Majesty's Sovereign and Regal Authority And I do renounce all Covenants contrary to what I have sworn and promised So help me God in Christ Jesus And that he grievously fined those that refused to take it and particularly Henry Stewart and his Wife were fined 5000 l. apiece and their two Daughters and James Gray Three thousand Pounds apiece and imprison'd them for not paying it and explain'd the Oath to oblige in point of Allegiance to the Ceremonies and Government of the Church establish'd and to be establish'd by His Majesty's Authority and that he would prosecute to the Blood such as should disobey c. whereby many were undone and more fled the Kingdom and that he said If he return'd again he would root out Stock and Branch of the Dissenting Scots To this he answers That it was in a dangerous Time and for the Security of the Kingdom and upon their own Petition and that he had His Majesty's Orders for it dated 16 January 1638. That as to the Fine of Stewart c. it was setled before it came to his Vote so that he did but concur with the rest and that he did not speak against the Scotish Nation but against the Scotch Faction of the Covenanters The Twenty second Article was That he procured the Irish Parliament to declare their Assistance in a War against the Scots and gave Directions for Raising Eight thousand Foot and One thousand Horse which were most Papists and confederated with Sir George Ratcliff to employ that Army to Invade England and subvert the Fundamental Laws and Establish'd Government thereof To this he answers That he rais'd that Army by His Majesty's Order and denies any other Design than to assist and serve the King as they ought There was also some mention made about one Trueman who was executed for a Plot to betray Carigfergus to the Scots touching whom Sir John Clotworthy made this Deposition That Trueman was an Englishman that dwelt not far from Carigfergus and one that was sent about the Country but by whom he knows not but there were vehement Suspicions that he was employ'd to find out those that would engage in Discourse concerning the Scotch Business He spake with one Captain Giles who feigned himself a great Friend of the Scotish Nation and said That he
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
and gave more Colour and Umbrage for the Suspicions that were then entertained of Him than any other Action of that Time could do And indeed this single Act of theirs did His Majesty more mischief than all the pretended Loyalty of that Party since that time can atone for However to obviate the dismal Effects of that impudent Forgery as much as they could the Lords Justices did Burlace Append 3. by their Proclamation of the Thirtieth of October 1642. publish that Sham to be false and scandalous And it is very observable That this Contrivance of theirs from whence they hoped to derive so much Advantage was the Occasion of their Ruin for the King to vindicate himself from this gross Aspersion was necessitated to devolve the Management of the War upon the Parliament and to consent to the Act of Adventurers which dispos'd of most part of the Rebels Estates and indeed to humour them in every thing relating to Ireland and particularly in giving up Carrigfergus to the Scots And on the same Fourth of November Temple 50. the Parliament of England voted 1. That Twenty thousand Pounds be forthwith supplied for the present Occasions of Ireland 2. That a convenient Number of Ships shall be provided for the Guarding of the Sea-coasts of that Kingdom 3. That this House holds fit that Six thousand Foot and Two thousand Horse shall be raised with all convenient speed for the present Expedition into Ireland 4. That the Lord Lieutenant shall present to both Houses of Parliament such Officers as he shall think fit to send into Ireland to Command any Forces to be transported thither 5. That Magazins of Victuals shall be forthwith provided at Westchester to be sent over to Dublin as the Occasions of that Kingdom shall require 6. That the Magazins of Arms Ammunition and Powder now in Carlisle shall be forthwith sent over to Knockfergus in Ireland 7. That it be referred to the King's Council to consider of some fit Way and to present it to the House for a Publication to be made of Rewards to be given to such as shall do Service in this Expedition into Ireland and for a Pardon of such of the Rebels in Ireland as shall come in by a Time limited and of a Sum of Money to be appointed for a Reward to such as shall bring in the Heads of such Principal Rebels as shall be nominated 8. That Letters shall be forthwith sent to the Justices in Ireland to acquaint them how sensible this House is of the Affairs in Ireland 9. That the Committee of Irish Affairs shall consider how and in what manner this Kingdom shall make use of the Friendship and Assistance of Scotland in the Business of Ireland 10. That Directions shall be given for the drawing of a Bill for the Pressing of Men for this particular Service for Ireland In the mean time the Lords Justices and Council did all that was possible for the Preservation of the Kingdom They on the Fifth of November dispatched a second Express to the King and another to the Lords of the Council and then and not before wrote to both Houses of Parliament and sent a Duplicate of it to the King and they formed a thousand of the stripped English into a Regiment under Sir Charles Coot and soon after they raised two Regiments more under the Lord Lambert and Colonel Crawford They also took care to Victual the Castle of Dublin and to clear an old Well that was in it and to do all things necessary to fit it for a Siege And to prevent any Surprize that might happen by the great Concourse of People to the Castle they removed the Council to Cork-house and often sat there in Council which was a great Oversight and might have been Fatal to them if the Lords of the Pale who soon after went out into open Rebellion had had the Courage to seise upon them there as they easily might have done On Saturday the Sixth of November Philip O Rely Knight of the Shire and the Irish of the County of Cavan sent an insolent Remonstrance to the Lord Justices by Doctor Jones whose Wife and Children they had at their Mercy and impowered him to assure their Lordships That there should be a Cessation of all things till the return of his Answer But tho' the Lords Justices gave a Civil Answer to it and sent the Remonstrance to the Lord Lieutenant to whom the King had ordered them to apply themselves about the Affairs of Ireland yet the very next Munday being the Eigth of November and before any Answer could come these Remonstrants Rendezvoufedâ— at Virginia a Town in the County of Cavan and proved the fiercest Rebels of all and by the Eleventh of December had taken the whole County of Cavan except the Castles of Keighlah and Croghan which were also surrendred to them the Fourth of July 1642. and Thirteen hundred and forty English Persons were thence according to Articles conveyed to Tredagh On the Eleventh of November the Lords Justices published another Proclamation prohibiting all unnecessary Persons from repairing to Dublin which the Irish took very ill and made a great noise about it tho' no Person of Quality or Business was in the least restrained by that Proclamation But their Design was to pick Quarrels and to manage all Accidents to that purpose On the Twelfth of November the County of Wickloe appeared in its proper Colours they murdered or robbed all the English Inhabitants within that County and burnt the principal Houses and laid Siege to Fort-Carew which the Lords Justices had not Means to relieve The Counties of Letrim Longford West-Meath and Louth were already infected and Wexford and Caterlogh followed the bloody Examples of their Neighbours and even the County of Kildare it self began to put on a terrible Countenance and the Irish of the Pale having gotten Arms from their English Neighbors under pretence of opposing the Rebels were the better able to do Execution on those stupid Protestants that so foolishly parted with them to their National and Hereditary Enemies The Lords Justices had by Proclamation Prorogued the Parliament to the Twenty fourth of February but at the Importunity of some Irish Lawyers who pretended great Affection to the King and earnest Desires to quench the Rebellion the Parliament which was a very thin one was permitted to meet on the Sixteenth of November and then it was visible that more were tainted with the Infection than appeared openly in Rebellion for the Popish Members did with great Cunning and Artifice endeavour to varnish or excuse all the Actions and Cruelties of the Rebels and those who seemed most to discountenance the Insurrection did nevertheless cover it over with such a Veil treat of it so nicely and handle it with so much tenderness as if themselves most of them being of the Conspiracy were immediately to participate of the Punishment as well as they were clandestinely involved in the Plot They would by do means have
them called Traytors or Rebels but advised rather to use the soft Expression of DISCONTENTED GENTLEMEN But the Protestants scorning to be put upon so one of them express'd himself so briskly and so judiciously that the Irish finding they could not get a better agreed with much ado to the Protestation against the Rebels recited here Append. 12. And so having sate two days the Parliament was Prorogued to the Eleventh of January having first appointed a Committee of Both Houses to Treat with the Rebels and a Commission issued accordingly but the Traytors were so pufft up with their innumerable Victories over the naked and unresisting English that they tore the Order of Parliament and the Letter that was sent them and refused to Treat But the Lord Dillon of Costilo who since the Rebellion broke out was by His Majesty's former Orders sworn Privy Counsellor was deputed by the Popish Lords to attend the King and the Lord Taaf and Mr. Burk went with him but before he Embarked he presented the Lords Justices and Council a scandalous Letter See it Append. 3. in nature of a Remonstrance from the Rebels of the County of Longford which nevertheless was framed in the Pale wherein amongst other things they demand Freedom of Religion and a Repeal of all Laws contrary thereunto And this produced the Vote of the Eighth of December in the Parliament of England That they would never give Toleration of the Popish Religion in Ireland or any other of His Majesty's Dominions These Irish Agents hapned to be intercepted by the Parliament and imprison'd and their Papers being rifled it was found to be one of the Private Instructions to the Lord Dillon to move That no Forces might be sent over to Ireland but that it might be left to the Remonstrants to suppress the Rebellion 2 Temple 9. But afterwards they made a shift to escape out of Prison and diligently followed the King's Camp and effectually sollicited the unhappy Cessation Husbands's Collections 2 part 247. which afterwards ensued and whereof this Longford Remonstrance was the Parent and Foundation But what regard these Lords had to His Majesty's Service will appear by their vain Expressions in a Letter to the Lord Muskery Anno 1642. viz. That tho' it did not stand with the Convenience of His Majesty's Affairs to give him Publick Countenance yet that the King was well pleas'd with what he did and would in time give him Thanks for it Which being dscovered to the Parliament by Mr. Jepson a Member of that House begat strange Jealousies of His Majesty's Proceedings then tho' now it is manifest those Expressions related to the Cessation that was in Enbryo and not to the Rebellion which the King always abhorr'd In the mean time the King sent some Arms from Scotland to Sir Robert Steward and others in Vlster on the Eighteenth of November and Commissions to raise Forces Particularly the Lord Mongomery had Commission to raise 1000 Foot and 500 Horse and he did raise the Foot and three Troops of the Horse And on the Nineteenth the Lords Justices had an Account that His Majesty had left the Management of the Irish War to the English Parliament and the Order of Parliament was sent to them together with 20000 l. in Money and a Commission to the Earl of Ormond to be Lieutenant-General of the Army and also the following Order of Both Houses of Parliament viz. THE Lords and Commons in this present Parliament being advertised of the dangerous Conspiracy and Rebellion in Ireland by the treacherous and wied Instigation of Romish Priests and Jesuits for the bloody Massacre an Destruction of all Protestants living there and other His Majesty's Loyal Subjects of English Blood tho' of the Romish Religion being ancient Inhabitants within several Counties and Parts of that Realm who have always a former Rebellions given Testimony of their Fidelity to this Crown and for the utter depriving of His Royal Majesty and the Crown of England 〈◊〉 the Government of that Kingdom under pretence of setting up the Poâ—â— Religion have therefore taken into their serious Consideration how the mischievous Attempts might be most speedily and effectually prevented wherein the Honor Safety and Interest of this Kingdom are most nearly and fully concerned Wherefore they do hereby declare That they do intendâ— serve His Majesty with their Lives and Fortunes for the Suppressinâ— of this wicked Rebellion in such a way as shall be thought most effectualâ— by the Wisdom and Authority of Parliament and thereupon have ordereâ— and provided for a present Supply of Money and raising the Number of Six thousand Foot and Two thousand Horse to be sent from England being â—â—e full Proportion desired by the Lords Justices and His Majesty's Councâ— resident in that Kingdom with a Resolution to add such further Succours as the Necessity of those Affairs shall require They have also resolved of providing Arms and Munition not only for those Men but likewise for His Majesty's faithful Subjects in that Kingdom with store of Victuals and other Necessaries as there shall be occasion and that these Provisions may more conveniently be transported thither they have appointed Three several Ports of this Kingdom that is to say Bristol Westchester and one other in Cumberland where the Magazins and Storehouses shall be kept for the Supply of the several Parts of Ireland They have likewise resolved to be humble Mediators to His Most Excellent Majesty for the Incouragement of those English or Irish who shall upon their own Charges raise any Number of Horse or Foot for His Service against the Rebels that they shall be honourably rewarded with Lands of Inheritance in Ireland according to their Merits And for the better inducing the Rebels to repent of their wicked Attempts they do hereby commend it to the Lord Lieutenant of Ireland or in his absence to the Lord Deputy or Lords Justices there according to the Power of the Commission granted them in that behalf to bestow His Majesty's gracious Pardon to all such as within a convenient Time to be declared by the Lord Lieutenant Lord Deputy or Lords Justices and Council of that Kingdom shall return to their due Obedience the greatest part whereof they conceive have been seduced upon false Grounds by the cunning and subtile Practices of some of the most malignant Rebels Enemies to this State and to the Reformed Religion and likewise to bestow such Rewards as shall be thought fit and published by the Lord Lieutenant Lord Deputy or Lords Justices and Council upon all those who shall arrest the Persons or bring in the Heads of such Traytors as shall be personally named in any Proclamation published by the State there And they 〈◊〉 hereby exhort and require all His Majesty's loving Subjects both in this and in that Kingdom to remember their Duty and Conscience to God and his Religion On the Twentieth day of November the Lords Justices wrote again to the Earl of Leicester Lord Lieutenant for Supplies of
Men and desired that he would hasten thither in Person And â—â—on after by their Proclamation they ordered that Dublin be fortified But it is time to return to Sir Philemy O Neal who having taken Dundalk and in it a Foot Company which surrendred upon the first Summons and all their Arms as also the Town of Ardee marched his Victorious Rabble of Four thousand Men to Lisnegarvy and on the Twenty second day of November attempted the Town but the Garison being Four hundred Foot and One hundred and eighty Horse under Sir Arthur Tyringham repulsed him with the loss of many Irish and Six Colours Another Party of the Rebels sat down before Melifont Novemb. 24. and found a brisk Defence from the Garison being Fifteen Horse and Twenty four Musquetiers but their Powder being spent the Horsemen forced their Way through the Irish Camp to Tredagh and the Foot surrendred upon Articles which the Rebels perfidiously broke and butchered several of them in cold Blood because they had kiâ—â—ed 140 Irishmen in defence of the Place By this Remora the intended Siege of Tredagh wâ—s delayâ—â— and therefore on the Twenty seventh day of November the Lords Justices sent Six hundred new-rais'd Foot and a Troop of Horse to reinforce the Garison there but the Lord Gormanston's Groom by his Masters privity gave notice of their March to the Irish who being three time their Number 2 Temple 16. fell upon them at Gellingstown-Bridge on the Twenty ninth of November and by the Folly or Treachery of a Captain that commanded a Countermarch and the Unexperience of the Men they were disordered and above Five hundred of them slain at which the Popish Inhabitants of Dublin did very much rejoyce and the Lords of the Pale did thereupon take off their Vizard But much better Success had Sir Charles Coot who marched from Dublin the same 27th of November to relieve the Castle of Wicklow and to quel the insolence of those Rebels that had come in Hostile manner within two miles of the City for on the 29th of the same Month he beat Luke Toole and One thousand Rebels and put them to a shameful Flight and thereby became so terrible to the Irish that they seldom afterwards made any resistance where he was Nevertheless the Irish were so elevated by the Victory at Gellingstown-bridge and the delay of Succours from England that the Lords of the Pale who were really the first Contrivers of this Rebellion and whose Tenants and Servants were openly or secretly concern'd in it from the beginning and they themselves had hitherto looked on whilst the English were robbed and had given no help or Assistance to the State having now drawn the Rebels into the Pale 2 Temple 18. believing it impossible to dissemble the Matter much longer began to unmask themselves and appear Bare-faced insomuch that the Lord Gormanston on the Second of December Mr. Dâ—â—dal's Examination Burlace 39. issued a Warrant to the Sheriff of Meath to Summon the Popish Lords and Gentry of that Country to meet at the Hill of Crofty and above One thousand of them met and Colonel Mac Mahon Philip O Rely Roger Moor c. came to them with a Guard of Musketeers whereupon the Lords of the Pale rode towards them and as formally as the Lord Mayor expostulates with the Privy Council at Temple-Bar demanded of them why they came Armed into the Pale They reply'd That they took up Arms for Liberty of Conscience and maintaining of his Majesties Prerogative in which they understood he was abridged and to make the Subjects of this Kingdom as Free as Those of England were But says the Lord Gormanstown Are not these Pretences and not indeed the true Grounds of your taking Arms and have you not some private ends of your own To which they answered That they had no private ends but did it upon the aforesaid Reasons and professed great Sincerity to his Lordship whereupon he told them That seeing those were the true ends of their Insurrection he and all the rest would joyn with them and immediately it was proclaimed that whosever denied to joyn with them or refused to assist them therein they would Account him an Enemy and to the utmost of their Power labour his Destruction and thus Valence and Brabant were joyned as Sir Philemy O Neal phrased it and the Lords of the Pale Confederated with their ancient and hereditary Enemies and became so barbarously Cruel that they bragged afterwards That they had killed more Protestants in Fingall only than were Slain in some other whole Counties But on the Third of December the Lords Justices and Council dissembling their knowledge of these Transactions wrote to the Lords of the Pale to come to Dublin and consult for the safety of the Kingdom whereupon the Lords of Kildare-Merion and Hoath came but the other Lords had another meeting at the Hill of Taragh on the Seventh of December and by Advice of their Lawyers sent the following Answer to the Lords Justices May it Please your Lordships WE have received your Letters of the Third instant intimating that you had present Occasions to confer with us concerning the present State of the Kingdom and the safety thereof in these Times of Danger and requiring us to be with you there on the Eighth of this instant We give your Lordships to understand That we have heretofore presented our selves before your Lordships and freely offered our Advice and Furtherance towards the Particulars aforesaid which was by you neglected which gave us cause to conceive that our Loyalty was suspected by you We give your Lordships further to understand That we have received certain Advertisement That Sir Charles Coot Knight at the Council-board hath offered some Speeches tending to a Purpose and Resolution to execute upon those of our Religion a general Massacre by which we are all deterr'd to 〈◊〉 on your Lordships not having any Security for our Safety from those threatned Evils or the Safety of our Lives but do rather think it fit to stand upon our best Guard until we hear from your Lordships how we shall be secur'd from those Perils Nevertheless we all protest That we are and will continue faithful Advisers and resolute Furtherers of His Majesty's Service concerning the present State of this Kingdom and the Safety thereof to our best Abilities And so with the said Tender of our humble Service we remain Your Lorship humble Servants Fingall Gormanstown Slane Dunsany Nettervill Oliver Louth Trimletstowne In like manner Luke Nettervill in the beginning of December upon three days Summons assembled Twelve hundred armed Men at Swords within Six Miles of Dublin and arrayed them under the Captains Golding Russell Travers Holywood c. which would have been impossible to have done on so short warning if they had not been privy to the Conspiracy long before and had not made Preparations for it The Lords Justices sent a Message to them ro disperse but they return'd for Answer
That they were constrain'd to assemble together for the safety of their Lives that they were so terrified by the Excursions of some Horse and Foot from Dublin that murder'd Foor Catholicks merely for being so that they durst not stay at home and therefore resolved to continue together for their mutual Preservation until they should be assured by their Lordship of the safety of their Lives But these were but Pretences to palliate their Insurrection and to insinuate a Necessity of the Rebellion they had entred into and therefore the Lords Justices did endeavor in vain by two Proclamations of the Thirteenth of December to remove these Jealousies and satisfie or answer the Objections altho' in one of them they assured Nettervill and his Comragues of free egress and regress 2 Temple 29. and that the Four that were killed were in actual Hostility and one of them was a Protestant and in the other they declar'd That neither Sir Charles Coot nor any other did ever utter at the Council-board or elsewhere any Speeches tending to a Purpose or Resolution to exeecute on the Papists or any other a general Massacre nor was it ever in their thoughts to dishonor His Majesty or the State by so odious impious and detestable a thing and gave the Lords of the Pale assurance of their Safety if they would repair to Dublin the Seventeenth of that Month. But all these Condescensions had no good effect on the contrary these Favours were interpreted to proceed from the weakness of the State and consequently tended to heighten the Insolencies of the Rebels For that very day after the Proclamations were published some of Netervill's Party seised a Boat in the Harbor of Dublin 2 Temple 27. and robbed it and put the Pillage into Mr. King's House at Clontarfe and threatned to encamp at Clontarfe which is but two small Miles from Dublin Whereupon the next day being the Fourteenth of December the Lieutenant-General was ordered to send out a Party to Clontarfe to remove them which Sir Charles Coot on the Fifteenth of December performed effectually without any Opposition and burned the village and Mr. King's House In like manner the Lords of the Pale slighted the aforesaid Proclamations and on the Sixteenth day of December proceeded to appoint General Officers and declared the Lord Gormanstown General of the Pale Hugh Birne Lieutenant-General the Earl of Fingall General of the Horse and gave such Order about raising Men and Provisions as they thought convenient Nettervill and his Party being reinforced from Kildare and Wicklow continued at Finglas and Santry from the Fifteenth of December to the Twenty second at which time Colonel Crawford drove them from Finglas with much ado and the very Name and Approach of Sir Charles Coot frightned them from Santry in such haste that they left a great deal of their Equipage and Provisions behind them And yet at the same time Three hundred Rebels appear'd again at Clantarf and had the day before robb'd two English Barks in the Harbor and carried the Booty to Barnwall's House at Brimore and the Prisoners to the Lord Gormanstown's House whence they were sent to Balruthery And thus Dublin was in a manner blockt up Naas Kildare Trim and Ashboy were in the Rebels Hands and the City was almost surrounded with Irish Soldiers Nettervill lying at Swords with Two thousand Men took the Castle of Artain within two Miles of Dublin and Colonel Roger Moor lay at Rathcool with Two thousand more and Four thousand of the County of Wicklow came within four Miles of Dublin on that side so that the Government could give no Relief to the Distressed Protestants who were coopt up in several Castles and made piteous Complaints And therefore the State was necessitated to suffer the English of the Inland Counties to be destroy'd and all the Walled Towns in the Kingdom Tredagh and Carigfergus and the Walled Towns of the Counties of London-derry and Cork only excepted to be reduced under the Power of the Rebels who in imitation of the Holy League in France styled themselves THE CATHOLICK ARMY and took the following Oath of Association framed by the Clergy so that all the Government could do was to write a mournful Letter to the Lord Lieutenant which is to be found 2 Temple 39. and is very well worth perusal but too long to be here inserted The Oath taken by the Irish I A. B. do in the Presence of Almighty God and all the Saints and Angels in Heaven promise vow swear and protest to maintain and defend as far as I may with my Life Power and Estate the Publick and Free Exercise of the True and Roman Catholick Religion against all Persons that shall oppose the same I further swear That I will bear Faith and true Allegiance to our Sovereign Lord King CHARLES His Hiers and Successors and that I will defend Him and Them as far as I may with my Life Power and Estate against all such Persons as shall attempt any thing against their Royal Persons Honors Estates and Dignities and against all such as shall directly or indirectly endeavour to suppress their Royal Prerogatives or do any Act or Acts contrary to Regal Government as also the Power and Privileges of Parliament the Lawful Rights and Privileges of the Subjects and every Person that makes this Vow Oath and Protestation in whatsoever he shall do in the lawful pursuance of the same And to my power as far as I may I will oppose and by all means and ways endeavor to bring to condign Punishment even to the loss of Life Liberty and Estate all such as shall either by Force Practice Counsels Plots Conspiracies or otherwise do or attempt any thing to the contrary of any Article Clause or any thing in this present Vow Oath or Protestation contained So God me help In the mean time a Foot Company of the Standing Army commanded by White of Lexlip a Papist revolted entirely to the Rebels and so many disguised Papists revolted from the Army which was full of them that in some Companies there were not above seven or eight Men left which manifests the Conspiracy was general when Men so circumstanced should betray their Trust and leaves a necessary Caution to Posterity not to trust any more of that Kidney in such Stations However the Garison of Tredagh was not discouraged by this Accident but on the third of October made a successful Sally to the slaughter of Two hundred Rebels But on the first of January the King declared the Irish to be Rebels by Proclamation Appendix 13. and signed Forty of them being the Number desir'd by the Lords Justices and Council with his own Hand and affixed his Privy Signet unto them and they were brought to Dublin on the twentieth of January and published without any effect In the mean time the Lords Justices on the twenty eighth of December issued a Proclamation to prohibit Strangers from flocking to Dublin without License and another
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
posted near Capoquin with a small Wood at their Backs and tho' he had but Sixty Horse and One hundred and forty Foot yet he boldly Charged them and killed two of their best Captains and Two hundred of their Soldiers with the loss of onely one English Man On the Ninth of August the Castle of Glin was taken by the Lord Forbes who came with his Fleet from before Gallway and Sailed up the River of Shanon and on the Twenty first the Lords Dungarvan and Broghill took the Castle of Ardmore with the Saughter of One hundred and forty of the Rebels But Provisions beginning to grow scant the Lord Insiquin drew out One thousand eight hundred Foot and Three hundred and sixty Horse and near Liscaroll met with the Irish Army under the Lord Mountgarret who was accompanied by the Lords Muskery Roch Ikerin Dunboin Castleconnel and Brittas and it came 〈◊〉 a smart Battel on the Third of September wherein the English were Victorious and killed Seven hundred of the Rebels and took Fifty â—sisoners and one piece of Cannon and two Field Pieces without any loss on the English side except that of the valiant Lord Viscount Kinalmeaky who was slain in the beginning of the Fight by a shot in his Neck and Sixteen private Soldiers In this Battel the noble Earl of Cork who never begrudged what he ventured for the Service of his King and Country had no less than four Sons viz. the Lords of Dungarvan Kinalmeky and Broghill and Mr. Francis Boyle since Viscount Shanon About the same time the Lord Forbes with his Regiment Landed at Kinsale and marched to Bandon and being joyned with Three Bandon Companies of Foot and some Horse they went to Rathbarry to relieve Captain Freak who had been besieged there since the Fourteenth of February but when they came to Cloghnikilty on the Eighteenth of October they thought fit to leave Two Scotch Companies and one Bandon Company there to secure that Town till their Return but it was not long after their Departure before a numerous Rabble of the Irish rushed upon them from all sides whereupon Groves who Commanded the Bandon Company advised to retreat towards their main Body which was not above four Miles from them but the Scots thought that dishonourable and refused and the Consequence was That the two Companies of Scots were cut in pieces but Groves valiantly made good his retreat a full Mile to an Old Danes Fort in the way to Ross which he justified manfully till the rest of the Forces came up to him and then they fell upon the Irish and forced them into the Island of 〈◊〉 and the Tide being in above Six hundred of them were killed and drowned whereupon the English marched to Cloghnikilty and relieved a great number of Men Women and Children which were imprison'd in the Market-house purposely to be burnt together â—ith the House to make a Bonâ—iâ—e for joy of the easie Victory they promised themselves over the rest of the Lord Forbes his Party After the Death of the Lord of Kinalmeaky Colonel Râ—â—land Saintleger was made Governour of Bandon in whose time it happened that the Troops of Bandon and Kingsale had appointed to meet at a day prefixed and to take a Prey but the Rebels who were at Kilcrea had notice of it and believing that the Troop had marched abroad according to the Appointment they boldly came to Bandon and took away the Cattel belonging to the Town but the Troop being by some Accident delayed in Town longer than they designed were just ready mounted when this Adventure happened so that they immediately issued out and recovered the Prey at Brinny Bridge and slew Fifty of the Tories in Killmore Bog without the loss of one Man But these small Victories were balanced by some considerable Successes of the Irish for the strong Castle of Limerick which had been besieged since the Fifteenth of January was surrendred to them on the Twenty third of June and the Castle of Askeaton submitted to the same Fate on the Fourteenth of August after nine Months Siege as Castlematrix likewise did not long after Neither was it a small Misfortune to the English that about this time both Dean Gray and Archdeacon Byss who were Commissioners to enquire into the English Losses in Munster met with their Destiny the former dying at Bandon and Byss the Survivor who had all the Papers and Examinations was murdered by the Rebels on the Way to Youghall ☜ and this is the true Reason why there is no particular full Account extant of the Murders and Losses in Munster And it is very observable that the Rebels took very few places by force but either want of Necessaries or Promise of good Conditions prevail'd with the English to surrender and it is no less wonder that the English would trust to any Articles from a perfidious People that had so often violated their Faith Nevertheless every day afforded Instances of their sâ—â—essful Treachery and besides what is already mentioned Gloghleigâ— and Cool are additional Examples in the former was a considerable Garison to whom Richard Condon promised Quarter and Convoy to Castlelyons whereupon they surrendred and for their Folly were every one murdered wounded or kept Prisoners And in Cool were 36 Troopers of the Earl of Barrimores to whom the same Condon promised the like Quarter Upon the Faith of a Soldier and a Christian but nevertheless murdered them all except one who had 36 Wounds and was left for dead And in Connaught the Town of Gallway did in the later end of April submit unto the Earl of Clanrickard who was Governor of that County and was by him taken into Protection until the Pleasure of his Majesty then expected over should be known but the Lords Justices did not approve of that Protection unless the Town would admit of an English Garison However Clanrickard made use of that Opportunity to relieve the Fort of Galway wherein the Archbishop of Tuam and 36 Ministers and many more English were in very great distress And about the middle of July the Lord President drew out his small Forces into the County of Mâ—yo Battle of Ballintobber where not far from Ballintobber they met with the Irish Army which was more than double their Number Nevertheless the English obtained an easie Victory over them and killed near 2000 of the Enemy and on the First day of the same Month Sir Frederick Hamilton took the Town of Sligo and slew 300 of the Rebels and afterwards routed Owen O Rourk who in his Absence had with 1000 Men besieged his Castle of Mannor Hamilton And about August the Lord Forbes came into the Bay of Gaâ—â—ay and landed some Guns and seized on the Abby and being joyn'd by the Lord President and the Earl of Clanrickard they pretended to besiege the Town but they wanted Necessaries and therefore the Lord Forbes compounded with the Town for a Sum of Money which was never paid and drew off from
consent upon whatsoever Pretence to a Toleration of the Popish Profession there or the Abolition of the Laws now in force against Popish Recusants in that Kingdom His Majesty hath further thought fit to advertise His Parliament That towards this Work He intends to raise forthwith by His Commissions in the Counties near Westchester a Guardâ— for His own Person when he shall come into Ireland consisting of Two thousand Foot and Two hundred Horse which shall be Armed at Westchester from His Magazin at Hull at which time all the Officers and Soldiers shall take the Oaths of Supremacy and Allegiance The Charge of Raising and Paying whereof His Majesty desires His Parliament to add to their former Undertakings for that War which His Majesty will not only well accept but if their Pay be found too great a Burthen to His Subjects His Majesty will be willing by the Advice of His Parliament to sell or 〈◊〉 any of His Parks Lands or Houses towards the Supplies of the 〈◊〉 of Ireland with the Addition of these Levies to the former of English and Scots agreed upon in Parliament he hopes so to appear in this Action that by the Assistance of Almighty God in a short time that Kingdom may be wholly reduced and restored to Peace and some measure of Happiness whereby he may chearfully return to be Welcomed home with the Affections and Blessings of all His good English People Towards this good Work as His Majesty hath lately made Dispatches unto Scotland to quicken the Levies there for Ulster so he heartily wishes That His Parliament here would give all possible Expedition to thâ—se which they have resolved for Munster and Conaught and hopes the Encouragement which the Adventures of whose Interest His Majesty will be always very careful will hereby receive as likewise by the lately signing of a Commission for the Affairs of Ireland to such Persons as were recommended to Him by Both Houses of Parliament will raise full Sums of Money for the doing thereof His Majesty hath been likewise pleased out of His earnest desire to remove all Occasions which do unhappily multiply Misunderstandings between Him and His Parliament to prepare a Bill to be offered to them by His Attorney concerning the Militia whereby He hopes the Peace and Safety of this Kingdom may be fully secured to the general satisfaction of all Men without violation of His Majesty's just Rights or prejudice to the Liberty of the Subject If this shall be thankfully received He is glad of it if refused He calls God and all the World to judge on whose part the Default is One thing His Majesty requires if this Bill be approved of That if any Corporation shall make their Lawful Rights appear they may be reserved to them Before His Majesty shall part from England He will take all due Care to entrust such Persons with such Authority in His absence as He shall find to be requisite for the Peace and Safety of this Kingdom and the happy Progress of this Parliament To which the Parliament returned the following Answer May it please Your Majesty YOur Majesty's most Loyal and Faithful Subjects Husbands 141. the Lords and Commons in Parliament have duly considered the Message received from Your Majesty concerning Your Purpose of going into Ireland in Your own Person to prosecute the War there with the Bodies of Your English Subjects lâ—vied transported and maintained at their Charge which You are pleased to propound to us not as a Matter wherein Your Majesty desires the Advice of Your Parliament but as already firmly resolved on and forthwith to be put in Execution by granting out Commissions for the Levying of Two thousand Foot and Two hundred Horse for a Guard for Your Person when You shall come into that Kingdom Wherein we cannot chuse but with all Reverence and Humility to Your Majesty observe That You have declined Your Great Council the Parliament and varied from the usual Course of Your Royal Predecessors That a Business of so great Importance concerning the Peace and Safety of all Your Subjects and wherein they have a special Interest by Your Majesty's Promise and by those great Sums which they have disbursed and for which they stand ingaged should be concluded and undertaken without their Advice Whereupon we hold it our Duty to declare That if at this time Your Majesty shall go into Ireland You will very much endanger the Safety of Your Royal Person and Kingdoms and of all other States professing the Protestant Religion in Christendom and make way to the Execution of that cruel and bloody Design of the Papists every where to root out and destroy the Reformed Religion as the Irish Papists have in a great part already effected in that Kingdom and in all likelihood would quickly be attempted in other Places if the Consideration of the Strength and Union of the Two Nations of England and Scotland did not much hinder and discourage the Execution of any such Design And that we may manifest to Your Majesty the Danger and Misery which such a Journy and Enterprize would produce we present to Your Majesty the Reasons of this our humble Opinion and Advice 1. Your Royal Person will be subject not only to the Casualty of War but to Secret Practices and Conspiracies especially Your Majesty continuing Your Profession to maintain the Protestant Religion in that Kingdom which the Papists are generally bound by their Vow to extirpate 2. It will exceedingly encourage the Rebels who do generally profess and declare That Your Majesty doth favour and allow their Proceedings and that this Insurrection was undertaken by the Warrant of Your Commission and it will make good their Expectation of great Advantage by Your Majesty's Presence at this time of so much Distraction in this Kingdom whereby they may hope we shall be disabled to supply the War there especially there appearing less Necessity of Your Majesty's Journy at this time by reason of the manifold Successes which God hath given against them 3. It will much hinder and impair the Means whereby this War is to be supported and increase the Charge of it and in both these respects make it more insupportable to Your Subjects And this we can confidently affirm because many of the Adventurers who have already subscribed do upon the knowledge of Your Majesties Intention declare their Resolution not to pay in their Money and others very willing to have subscribed do now profess the contrary 4. Your Majesties Absence must necessarily very much interrupt the Proceedings of Parliament and deprive Your Subjects of the Benefit of those further Acts of Grace and Justice which we shall humbly expect from Your Majesty for the Establishing of a perfect Union and mutual Confidence between Your Majesty and Your People and procuring and confirming the Prosperity and Happiness of both 5. It will exceedingly increase the Jealousies and Fears of Your People and render their Doubts more probable of some force intended by some evil
another place where there may not be the same Danger to Us. We expected that since We have been so particular in the Causes and Grounds of our Fears you should have sent Us word That you had published such Declarations against future Tumults and unlawful Assemblies and taken such Courses for the suppressing of Seditioâ—â— Sermons and Pamphlets that our Fears of that kind might be laid aside before you should press our Return To conclude We could wish that you would with the same strictness and severity weigh and examine your Messages and Expressions to Us as you do those ye receive from Us for We are very Confident that if you examine our Rights and Priviledges by what our Predecessors have enjoyed and your own Addresses by the usual Courses of your Ancestors Ye will find many Expressions in this Petition warranted only by your own Authority which indeed we forbear to take Notice of or to give Answer to lest we should be tempted in a just Indignation to express a greater Passion than we are yet willing to put on God in his good time We hope will so inform the Hearts of all our Subjects That We shall recover from the Mischief and Danger of this Distemper on whose good Pleasure We will wait with all Patience and Humility But as soon as the Lords Justices and Council of Ireland had Notice of his Majesties intentions to come personally into Ireland they wrote him a dutiful Letter of Thanks and Encouragement to proceed in his intended Voyage which may be seen at large Husbands Collections 148. And on the Thirteenth of August 1642. His Majesty sent a Message to the House of Commons To retract an Order they had made to dispose of One hundred thousand Pound of the Adventurers Money contrary to the express Words of that Act of Parliament and to the great prejudice of the Affairs of Ireland To which they Answer that That Message is a high breach of Priviledge that they Heartily designed the relief of Ireland and have been retarded and diverted from that Pious and Glorious work by the Traiterous Counsels about the King as may appear 1. By His Majesties not Countenanceing them in their Endeavours for that End 2. By His Majesties so late issuing of Proclamations against the Rebels and then limiting the number to Forty 3. By discouraging the Adventurers by his Absence from the Parliament 4. By refusing Commission to Lord Wharton for whom the Parliament had prepared Five thousand Foot and Five hundred Horse to Land in Munster 5. By calling away the most useful Men from that Service as Charles Floyd Engineer Captain Green Comptroller of the Artillery and others 6. By seizing on Six hundred Cloaths near Coventry that were designed for the Service of Ireland and by doing the like to Three hundred Suits of Cloaths and a Chest of Medicaments near Chester 7. By seizing the Draught Horses designed for Ireland at Chester 8. By quartering Soldiers in the common Road towards Ireland so that no relief can pass to that Kingdom 9. By withdrawing the Captains Ketleby and Stradling and their Frigats from guarding the Irish Coast 10. By receiving a Petition from His Majesties Catholick Subjects of Ireland complaining of His Puritan Parliament of England and desiring that since His Majesty does not come to them they may come to him Nevertheless they do protest before Almighty God that they have as great a Compassion and Sorrow for their distressed Brethren in Ireland as if themselves were in their Case and will endeavour to relieve them notwithstanding the Obstructions of all Opposers and that tho' they were forced to borrow that One hundred thousand Pound upon a great Exigency yet it shall be without prejudice to the Affairs of Ireland because they will make a real and speedy Repayment of the same that it may appear whether the King and his Cavaleers or the King and his Parliament do most affect and endeavour the setling of true Religion and a firm and constant Peace within that bleeding and distressed Kingdom To this the King made a Reply which in Effect was That He did not design to prejudice the Service of Ireland but refus'd to give Commissions because He was not sure but they would be made use of against himself and that He sent Proclamations against the Irish Rebellion both in number and time as the Lords Justices desired And as to this latter Point I can assure the Reader that I have seen Authentick Copies of the Lord Justices Letters and that they did write at first but for twenty Proclamations and in a Second Letter they desired but Forty which accordingly they had sent them and therefore I have very much wondered at an Objection so groundless which nevertheless made a great noise at that time But it is also necessary to inquire how the Irish managed their Affairs and what Methods they us'd to cement their Confederacy and manage the War And first We shall find their Titular Clergy assembling in a Congregation at Kilkenny on the Tenth of May where they made Orders which are recited at large Burlace Appendix 7. and are to this effect That whereas their War is undertaken against Sectaries and Puritans for Defence of Religion Maintenance of the King 's Rights and Prerogative for their Gracious Queen so unworthily abused for the Honor Safety and Health of the Royal Issue for the Liberties of the Kingdom and their Lives and Fortunes as by the unanimous Consent of almost the whole Kingdom in this War and Union appears They therefore declare that War openly Catholick to be Just and Lawful And whereas the Adversaries do publish Letters and Proclamations to be the King 's which are not His none such are to be believed until it be known in a National Council whether they truly proceed from Him left to His own Freedom and that there be an Oath of Union or Association and that there be no distinction of Families or Provinces or between Old and New Irish and that there be a Council of Clergy and Nobility in every Province and a General Council of the Kingdom and that Embassies from one Province shall redound to the Good of all and especially to that Province which hath most need of such Supplies as shall be sent by Foreigners and such Embassadors shall negotiate for a Neighbouring Province according to its Exigencies and that a faithful Inventory be made of the Burnings Murders and Robberies done by the Puritans with Circumstance of Time and Place and a faithful sworn Messenger be appointed to that purpose in every Parish and that Prisoners be not enlarg'd without Consent of all the Provinces and that Adversaries to one Town or Province shall be so to all and that Peace be not made but by Common Consent of the whole Kingdom and an Oath to be taken to that purpose ☜ and all Refusers of that Oath to be held Enemies and prosecuted as such and that the Clergy preserve Peace and Unity amongst the
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
Ormond answers that Reply and the Twenty ninth of August they answer that And so after many alternate Messages and Expostulations on the First of September they began to ascertain the respective Quarters and the Irish Commissioners having on the Second of September proposed That the Limitation of Quarters should relate to the Day of Concluding the Cessation the Marquis of Ormond on the Third of September did offer a Temporary Cessation from that Day that they might be at the more leisure to manage the Treaty To which they answer the same day That the Lord Moor and Colonel Monk had invaded their Quarters and Garison'd some Undefencible Houses and Castles and if those be restor'd they are contented that both Armies may withdraw to their respective Garisons Ormond replies That he will consent to withdraw both Armies and as to the Restitution of Places it shall be considered in the Settlement of the Quarters and that many of those called Undefencible Places tho' not thought worthy of a Garison yet were for a long time absolutely in his Power and in the English Quarters and some of them not far from the Gates of Dublin and therefore not fit to be restor'd On the Fifth of September they proceeded about limiting the respective Quarters and on the Sixth of September Ormond writes to them That he heard their Forees besieged Tully a Garison Commanded by Sir George Wentworth who was imployed in procuring Necessary Provisions for him and desires the Siege might be rais'd But the Commissioners reply'd That Monk went to Wicklow the Twenty sixth of August and continues there ravaging and destroying the Country That this very Garison of Tully took away the Corn at Madingstown and therefore they could not hinder a Reprisal but if any of his Lordships Provisions be intercepted they shall be restor'd On the Seventh of September Ormond insisted on withdrawing their Forces from Tully and thereupon they sent an Order to Castlehaven to draw off his Army knowing I suppose that he had taken the Castle and propos'd a Temporary Cessation to the Marquis On the Eighth of September Ormond proposes That the Protestant Clergy and Proprietors may have a Proportion of their Estates in the Irish Quarters to support them and that where Goods were delivered in trust to any Irishman they may be restor'd On the Ninth Quarters were setled and the Preservation of Woods agreed upon but for the Clergy and Proprietors nothing could be done because the Cessation was Temporary and Sufferings of that kind they said were reciprocal On the Tenth of September the Irish Commissioners denied to continue a Cessation as to the County of Kildare unless it may be for the whole Province of Leinster which Ormond would not consent to Then they offered a Supply of Thirty thousand Pounds but on the Eleventh the Marquiss sent a Message to the Commissioners to order the Earl of Castlehaven to forbear farther Acts of Hostility since the Treaty was so near a Conclusion which they did and Ormond did the like to his Forces But it seems Castlehaven notwithstanding their publick Orders knew their private Meaning and therefore marched farther off to the Castle of Disert in the Queens County which he took after the Cessation was finished But on the Twelfth they insisted upon the Name and Title of His Majesty's most Faithful Subjects the Catholicks of Ireland and said That they used it in their immediate Addresses to the King but Ormond replied That he held it not proper at that time to be used to him On the Thirteenth they agreed That the Quarters should relate to the Day of the concluding the Cessation but the Marquis insisted That it was indecent for them to use Force in the County where His Majesty's Commission of Favour was executing and therefore required the Restitution of what they had taken in the County of Kildare since the last of August But on the Fourteenth of September this was refused on pretence that the English had incroach'd upon them in the same County by Garisoning undefensible Places but they offered the fourth Sheaf of Tully and all such Places so subdu'd or 800 l. in lieu of it The Marquis then propos'd to have the Cessation declar'd as from that time since all was agreed but the Commissioners said the Articles might be perfected by next day Noon and till then the Cessation could not be said to be made And so on the Fifteenth day of September the Cessation was concluded and the Articles and Instrument mentioned Appendix 16. were perfected and a Proclamation by the Lords Justices and Council for the Observation thereof issued accordingly bearing date at Dublin the Nineteenth day of September 1643. and Circular Letters were likewise sent by them to all Parts of the Kingdom to give Obedience thereunto But before the Marquis of Ormond would finish this Treaty he consulted all the Great Men and the Chief Commanders then with him who gave their Opinions as in the following Instrument is contained WHEREAS the Lord Marquis of Ormond hath demanded the Opinions as well of the Members appointed from the Council-board to assist his Lordship in the present Treaty as of other Persons of Honor and Command that have since the beginning thereof repaired out of several Parts of this Kingdom to his Lordship They therefore seriously considering how much His Majesty's Army here hath already suffered through want of Relief out of England though the same was often pressed and importuned by His most Gracious Majesty who hath left nothing unattempted which might conduce to their Support and Maintenance and unto what common Misery not only the Officers and Soldiers but others also His Majesty's good Subjects within this Kingdom are reduc'd And further considering how many of His Majesty's Principal Forts and Places of Strength are at this present in great distress and the imminent Danger the Kingdom is like to fall into And finding no possibility of prosecuting this War without large Supplies whereof they can apprehend no hope nor possibility in due time They far these Causes do conceive it necessary for His Majesty's Honor and Service That the said Lord Marquis assent to a Cessation of Arms for one whole Year on the Articles and Conditions this day drawn up and to be perfected by virtue of His Majesty's Commission for the Preservation of this Kingdom of Ireland Witness our Hands the Fifteenth day of September 1643. Clanrickards St. Albans Roscomon Richard Dungarvan Edward Brabazon Inchiquin Thomas Lucas James Ware Michael Ernly Foulk Hunks John Pawlet Maurice Eustace Edward Povey John Gifford Philip Persival Richard Gibson Henry Warren Alanus Cooke Advocatus Regis But the News of this Cessation met with different Entertainment according to the Interests and Inclinations of those it was carried to At the Court of England it was received with Joy and Ormond's Conduct and Fidelity magnified beyond measure It was admired that he could preserve His Majesty's Grandeur throughout the whole Treaty by not admitting the
Cessation pretending that they were just then come to hand and that he was sorry they did not come sooner 2. By the like Action in continuing the Siege of Castle Coot after notice of the Cessation as aforesaid 3. By Publishing the Pope's Bull after the Cessation which was an Encouragement to the Rebels to persist in their Rebellion and did seduce others of the Papists that were not then engaged in it 4. By taking 369 Head of Cattel from the Suburbs of Dublin on the 18th of September 5. By seizing on the Black Castle of Wicklow and murdering the Protestants there And 6. In not sending any formed Troops or Regiments to the King's Assistance as they promised to do And lastly In not paying the 30800 l. according to Agreement But if we are curious to know what was done in England in reference to the Affairs of Ireland we may find That on the 5th of May Sir Robert King Mr. Jepson and Mr. Hill waited on His Majesty with a Bill For a speedy Payment of Moneys subscribed towards the Reducing the Rebels in Ireland Husbands 2. Part. 161. which yet remains unpaid which they prayed Him to pass into an Act but His Majesty desired first to be satisfied how the rest of that Money was disposed of and how he should be secured that what is yet unreceived shall not be misemployed and whether it be fit to compel voluntary Subscribers by a greater Penalty than was at first made known to them viz. The loss of what they have already paid and whether the Power given by this new Bill to Warner Towse and Andrews whose Integrity he has no assurance of be not too great and whether Purchasers and Creditors may not be prejudiced by the Extents mentioned in this new Act. And on the 16th of June both Houses issued a Declaration purporting That the Kingdom of Ireland is in a sad condition but that the Papists are in as much want as the Protestants and therefore if the later were well supplied the former would be easily subdued that their Ambition to be independent from England and their inveterate Hatred against the Protestant Religion Ibid. 217. have been the causes of their Barbarousness to the English that they have been assisted by the Catholicks of other Countries And can it be say they that God's Enemies should be more violent and indefatigable for restoring Idolatry in a Kingdom foreign to theirs than we zealous in propugning God's Truth in our own against Barbarous Traytors and Monstrous Idolaters Shall the common Incendiaries of both Kingdoms strip themselves of all they have to accomplish our Destruction by devouring that rich and fruitful Island And shall the good People of this Nation of the same Blood and Religion with them think any thing too dear to redeem them seeing thereby we secure our selves by preventing the Rebels from coming hither We will therefore even in this distracted time assess 200000 l. on the Kingdom of England to be paid in two Years which will give credit for the present Relief of the Starving condition of Ireland and shall be reprized to the several Counties in the nature of the Adventurers for Land in Ireland Therefore we cannot doubt of chearful Submission hereunto since we cannot expect that God should bless us if we be wanting to our distressed Brethren and indeed to our selves for the malice of the Rebels is such that if they can root us out of that Kingdom they will not despair of extirpating us out of this and therefore we recommend all well-affected persons to a liberal Contribution to such a pious and commendable Work And on the 14th of July they issued another Declaration Ibid. 233. for the farther encouragement of Adventurers And on the 25th of July the Parliament publish'd their long Declaration which deduces the Affairs of Ireland historically from the beginning of the King's Reign and concludes that the Irish Rebellion was projected and incited by those Councils then prevalent with the King and that the Queen and her Priests and the Papists of all the three Kingdoms have been principal Actors and Sticklers therein And on the 5th of September they made an Ordinance That no man upon pain of losing his Ship do transport any Person out of Ireland into England without license c. And on the 18th they made an Ordinance for a Collection for the Clergy of Ireland and on the 18th of October they made a Weekly Assessment for the Support of such Forces in Ireland as oppose the Cessation and on the 24th they order That no Irish man or Papist born in Ireland shall have Quarter in England and in November they ordered That the Solemn League and Covenant should be taken in Ireland But the Cessation being confirmed by Patent under the Great Seal the Lieutenant General pursuant to His Majesty 's repeated Orders was busie in sending Forces to the Kings Assistance in England and because the Soldiers were generally very unwilling to fight against their own Country men whilst the Irish Rebels would insult over their distressed Companions and Relations that should be left behind there was an Oath of Fidelity contrived Sâ—e it Burlace 133. which every one of them were forced to take and several Penal Edicts were published against those who should desert or return and so in January the Regiments of Sir Michael Ernly Sir Richard Fleetwood Colonel Monk Colonel Gibson Colonel Warren c. were sent from Leinster as Sir William Saintleger and Colonel Myn were from Munster and though most of the former met with their Destiny at Nantwich and the later at the Siege of Glocester yet the arrival of these and other Forces out of Ireland did influence the Parliament to consent to the Treaty at Uxbridge which nevertheless did not produce that happy effect which all good men desired And little more than this was done in Ireland except Contests about setting out of Quarters and other Executions of the Articles of Cessation which shall be mentioned in each Province apart and the Preparations for the Treaty at Oxford which shall also be taken notice of in our account of that matter until the 21th day of January at which time JAMES Marquis of ORMOND was sworn Lord-Lieutenant at Christchurch in Dublin and took the following Oath Viz. You shall swear That you shall faithfully and truly to your power serve our Sovereign Lord the King's Majesty in the Room and Authority of Lord Lieutenant and Chief Governor of this His Realm of Ireland you shall maintain and defend the Laws of God and the Christian Faith you shall to your power not only keep His Majesty's Peace amongst His People but also maintain His Officers and Ministers in the Execution and Administration of Justice you shall defend His Majesties Castles Garisons Dominions People and Subjects of this Realm and repress His Rebels and Enemies you shall not consent to the Damage and Disherison of His Majesty His Heirs nor Successors neither shall you
respective Lieutenants tho' very unwillingly whereupon Major Jones one of the Agents declined the Voyage rather than remove his Company and so His Majesties Letter of the Twenty seventh of February arriving on the Twenty ninth of March whereby Sir Charles Coot 1644. and Captain Parsons were Licensed to attend His Majesty with the rest of the Agents they had Sealed Letters of Recommendation to Secretary Nicholas and took Ship the Second of April and came to Oxford the Seventh and on the Eighth kissed the Kings hand and presented their Petition which is to be found at large Burlace Appendix pag. 62. setting forth That the Irish Rebellion was raised out of Detestation to his Blessed Government and for rooting out the Protestant Religion and for dispossessing His Majesty of that Kingdom without the least occasion given by His Majesty or his Protestant Subjects c. upon reading whereof the King was pleased to say THAT HE KNEW THE CONTENTS OF THE PETITION WAS TRUTH AND THAT IT COULD NOT BE DENIED and thereupon it was thus indorsed His Majesty being very sensible of the Petitioners Losses and Sufferings is ready to hear relieve them AS THE EXIGENCY OF HIS AFFAIRS WILL PERMIT and wisheth the Petitioners to propose what they think fit in particular for His Majesties information and the Petitioners remedy and future Security The King also told them That the Irish protested upon their Salvations to him that at first the Conspiracy was not General but that those of the Pale were forced into Rebellion by the Governours of Ireland and that if the Parliament had permitted him to go into Ireland when he desired he doubted not but he should soon have suppressed the Rebellion But the Agents to leave nothing undone that might justly advance their Cause did take Notice of the false and Scandalous Remonstrance of the Confederates from Trim as they called it which being Printed by Thomas Burk the Irish Printer at Waterford with His Majesties Arms affixed thereon was now with Ostentation and Insolence published at Oxford and they made so smart an Answer thereunto as was beyound Reply both which Remonstrance and Answer are in Substance recited Appendix 5. and 6. they also together with that Answer 27 April 1644. presented unto the King the Proposals mentioned Appendix 21. These Writings were referr'd by the King to the Committee for Irish Affairs some of which were so disaffected to the Protestants of Ireland that they said The Proposals were drawn by the Close Committee at London and they wonder'd His Majesty would receive such a Mutinous Petition But the Petitioners were Men of Courage and would not be easily daunted 30 April they went next day to the Lord Cottington Chief of the Committee and prayed a Copy of the Irish Proposals He made strange of it as if he knew no such thing and told them That they meant the Irish Remonstrance They replied That was in Print and common and they did not mean It but they meant the Irish Propositions His Lordship told them If any such were it was â—it they should have a Copy but that he knew of no such thing altho' he really was present at the Committee April 19. when those propositions were read and by him and the rest with Charge of inviolable Secresie given to Sir William Stewart and the other Commissioners from the Council Hereupon the Agents address'd themselves to Sir William Stewart and the other Commissioners from the Council of Ireland desiring them to get them Audience from the King before Matters went too far in the Treaty and to obtain a Copy of the Irish Demands To which the next day Sir George Ratcliff return'd answer That they had acquainted the Lords of the Committee with the Desires of the Agents and that they were offended that the Agents should be so forward in prejudicating His Majesty's Justice and Theirs and that they should be heard before the Conclusion of the Treaty The next day being the First of May the Agents were sent for to the Committee and their Instructions and Proposals and the Order of Concurrence of the Irish House of Commons being read the Earl of Bristol told them That the King and the Committee were sensible of the prejudicate Opinion the Agents had of their Justice in pressing to be heard and by their belief of vulgar Reports but that the Agents could not be more careful of the Protestants Persons and Religion than they were The Agents replied That if they had erred in pressing to be heard it proceeded from their Zeal to the Service and for the Preservation of that Remnant of poor Protestants that intrusted them and out of a desire His Majesty and their Lordships might be rightly informed of their past Sufferings and present Calamities and desired to be admitted to Proof of Particulars Hereupon they were ordered to withdraw and being afterwards call'd in again they were commanded to subscribe their Propositions which they did and then were ordered to attend the Primate Usher the Bishop of Downe Sir George Ratcliff c. in the Afternoon which they did and were told by them how offensive the Heighth and Unreasonableness of their Proposals were and that the Committee sent them the Message mentioned Appendix 21 to which they immediately return'd the Answer there likewise recited Hereupon Sir George Ratcliff told them That whilst they continued so high in their Demands they must expect nothing but War They answer'd They were ill provided for it but would rather run the hazard of it than have a dishonorable and destructive Peace and that they could not make farther Alterations in their Proposals without betraying their Trust Sir George replied That if they would abate Three parts of them he was sure the Fourth part would not be granted them That they were sent to preserve the Protestants but that if the Irish Agents return'd without a Peace they would destroy the Remainder of the Protestants since the King was not in a Condition to help them and therefore desired the Agents to think of some way of securing them They answered That there were Five Months of the Cessation unexpir'd within which Time Means of Relief may be found and if not it were better to quit Ireland for a time than to make a destructive Peace Then Sir George asked How the English should get out of Ireland They said By keeping the Irish Agents in England till it is done He replied That he would rather advise the King to lose Ireland than break His Faith with the Irish Agents who came to Treat with Him upon His Word and that it was not likely if the Irish had not good Conditions of Peace that they would forbear Arms till the end of the Cessation On the next day the Agents gave Secretary Nicholas a new Set of Propositions to the same effect with the former only a little more moderate to be presented to the King But on the Seventh of May Sir William Saintleger being come to Oxford told the
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
Fernes to be one of their Commissioners which Ormond would by no means admit of the Disputes about this and other Preliminaries delayed the Treaty until the 6th of September at which time the Lord Chancellor who was Chief of the Commissioners for the King averr'd before the Confederate Commissioners That to that day no body had lost one drop of Blood upon the Statute of 2. Eliz. c. 1. which nevertheless was so much complained against however the Confederates notwithstanding the fair Promises their Agents had made at Oxford insisted stifly on the Repeal of part of that Statute and on several unreasonable Demands whereupon the Treaty was adjourned until the King's Pleasure should be known in the Particulars wherewith Ormond had acquainted him Hereupon the King who had promised Archbishop Usher at Oxford Bishop Vsher's Life 64. That he would not give Toleration to the Papists writes back to Ormond That he approves his Answers to the Rebels Proposals Febr. 16. 1644. and orders him to insist on them but if the Irish will not be perswaded to Moderation then rather to yield to Terms remitting much of what his Dignity and Interest would insist on at other Times and Circumstances than enter into a new War however not to consent to a Repeal of Poyning's Act unless in case of absolute necessity and by no means to admit of the Repeal of the Penal Laws against Recusants because that might endanger his Protestant Subjects for whose Preservation he makes the Peace since he is not able to carry on the War And about the same time His Majesty sent Orders to pass Pardons to all his Councellors and Servants Toties quoties as the Lord Lieutenant and Council shall think fit and to make the Lord Chancellor Baron of Bolton to him and his Heirs Males and that the Lord Lieutenant should make any two Lords he thought fit to be Earls and so the year 1644 was closed with an Adjournment of the Treaty of Peace to the 10th of May following But it is necessary to inspect the condition of the other Provinces and how they were manag'd since the Cessation and first let us cast our Eye on Munster which we shall find discontented at the Cessation but much more troubled at the many and daily Infractions of it by the Confederates whereof the Reader may find some Instances in the Lord of Insiquin's Complaint to the State hereafter mentioned in Appendix 17 and many more might be she 〈…〉 â—f it were needful Moreover the Protestants were daily alarm'd wiâ—â—â—ots and Contrivances against them but with none more than with a Conspiracy of Fryer Mathews Lord Orrery M. S. and some others to betray the City of Cork into the hands of the Confederates for which some of the Conspirators were Executed one of which confessed the Design whereupon the English were dissatisfied to the highest degree and importunately urged the Lord of Insiquin to disclaim the Cessation which was a Snare to them and exposed them to the Plots and Insolencies of the Rebels whilst themselves were fettered by it from taking Revenge and it happened luckily that this Lord returned dissatisfied from England because the Presidency of Munster which he expected and highly deserved was predisposed of to the Earl of Portland and by his discontent was rendered the more susceptible of those Impressions which the just Complaints of the Protestants of his Province did afterwards make upon him and therefore he did on the 18th day of July by an ingenious Artifice get the Irish out of Cork and kept them so and the next day * * Insiquin Brog-hill Sir W. Fenton Sir P. Smith Col. Bâ—ocket Colonel Searl Major Muschamp he and other Principal Officers of his Army wrote to His Majesty That no Peace could be concluded with the Irish Rebels which would not bring unto His Majesty and to the English in general a far greater Prejudice than the shew of a Peace there would bring them Advantage c. And thereupon besought him that he would not so much regard so inconsiderable a handful of People as they were as to purchase but a seeming Security by leaving thereby the Protestant Religion in all likelihood to be extirpated and His Majesty obnoxious to the loss of that Kingdom Further beseeching His Majesty That he would be pleased to proclaim again the Irish to be Rebels and not to Pardon those who have committed so many barbarous Crimes that they are as far above Description as they are short of Honesty the Irish professing They had His Majesty's Commission for what they did The true sense of which devilish Aspersion cast upon His Majesty with other Reasons made them resolve to dye a thousand Deaths rather than condescend to any Peace referring themselves in other things to their Declaration And besides this Letter they issued a Declaration to be sent to both Houses of Parliament and to be made publick which is worthy perusal and therefore is added to Appendix 25. The Revolt of the English Forces in Munster occasioned some Expostulations between Ormond and Insiquin but without effect for the later was resolved not to hazard himself and his Friends by a readmission of the Secluded Citizens of Cork which the Parliament having notice of and being desirous to Encourage and Reward his Steadiness and Zeal for the English Interest made him Lord President of that Province Nevertheless the Parliament not being in a condition to furnish Insiquin with Supplies little or nothing was done this year on the contrary the Irish and he agreed to a new Temporary Cessation because the English were weak and the Irish desired to preserve the Baronies of Imokilly and Barrymore from Contribution and so it continued until the Earl of Castlehaven renewed the War early in the Spring and in the mean time the strong Fort of Duncannon which had never submitted to the Cessation was surrendered to General Preston on the 6th of March for want of Provision whilst Sir Arthur Loftus though he got within the Harbor was by a Storm which lasted ten days hindered from putting Supplies into the place which therefore he carried to Cork But because the Irish do deny that there was any design to betray Cork and that it may appear that it was designed more than once I have thought it necessary to add an Extract out of Sir Richard Gething's Dispatch to Secretary Lane and to subjoyn a certain Letter whereof I have seen the Original Jan. 2. 1644. Sir Richard Gething writes That one Colonel Croning sent to Major Muschamp to give him a Meeting which done after some wise Preparatives exhorting him to be faithful and loyal to his Majesty c. He pretended to open him a way to great Preferment and Muschamp asking him how the other replyed By delivering up the Fort of Cork as the Lord Lieutenant should direct Muschamp answered That he desired no easier Step to Preferment than the Observance of the Lord of Ormond ' s Directions Then
Croning desired him to meet a certain Lord the next day which Muschamp did and being first obliged to Secrecy saving liberty to communicate his mind to an Ecclesiastical Friend that Lord told him plainly That if he would surrender the Fort of Cork into his hand he should have the Lord Marquis of Ormond ' s warrant for it and for his Reward great Promotion Muschamp said he was willing to observe the Marquis his Command provided he saw an Authentick Warrant whereupon the aforesaid Lord pulled forth a Warrant written with the Marquis his own hand as he pretended importing That whereas he the Marquis was disabled to put necessary Provisions of Victuals and Ammunition into the Fort of Cork for the present Defence thereof that therefore he Muschamp was required to deliver up the same into the hands of the aforesaid Lord assuring him That whatever Conditions that Lord should condescend unto his Excellency would confirm them Hereat Muschamp being astonished did nevertheless promise to perform the Contents if his Lordship would give him the Warrant but his Lordship told him He must perform the Work first but Muschamp thought that preposterous his Lordship replyed That then he might write to his Excellency for farther satisfaction and so they parted and Muschamp discovered all to the Lord Insiquin as he was pre-engaged to do and though by Insiquin's advice Muschamp sent twice to the aforesaid Lord for a Copy of the Warrant yet he could get no other answer but That it was sent back to the Marquis of Ormond and all this Major Muschamp declared upon Oath before a Council of War At the Discovery of this Contrivance the poor English were amazed and enraged they thought it equally improbable that Ormond should give such an Order or any body else should pretend it if it were not so But as soon as the Noise of this Affair reached the Lord Lieutenant's ears he did not fail to do Justice to his own Reputation by a severe Expostulation with that Lord which produced this following Letter May it please Your Excellency I Have received Your Letter of the 25th of the last wherein you are pleased to Command me to deliver my Knowledge in a Report given out by one Major Muschampe wherein your Excellency as you are pleased to take notice finds your Self highly concerned My Lord before I shall proceed to deliver my Knowledge of that Business in the first place I shall crave your Excellency's Pardon if for compassing my own Ends it shall appear that I have made use of your Excellency's Name without warrant through which there may arise any Blame or Blemish to your Lordship this being granted me all that I can remember is as followeth It is very true my Lord Muschamp employed one of his Friends unto me signifying his dislike of my Lord of Inchequin whom he found to be entirely in his Actions and Resolutions for the Parliament and therefore thought fit to seek my Advice to put him in a present way whereby he may secure the Fort for His Majesty's Service Truly my Lord I was loth to lose such an Opportunity to do my Country Service and immediately returned him an Answer to meet me the next day after at a Castle of mine which he performed that day or the next day after as near as I can remember and upon our meeting he being sworn to Secrecy in all things I moved unto him concerning the Fort to which he seemed to incline making great Expressions and Fervency in all respects to preserve his Loyalty and to observe upon the least inclination or notice any Commands that should come unto him from your Excellency Then upon further Discourse he fell to wish I had the Fort in my Possession so he were sure that the Party whereof I was and my Self were for the King to which I answered That by the good Countenance and Usage the rest of the Commissioners and my Self had in England and our coming without Rub or Interruption from thence might in some sort assure him thereof which proving not altogether satisfactory unto him he replyed That if he had seen any Directions from your Excellency for him to dispose of the Place he would obey it to the loss of his Life and deliver it either unto me or any body else your Lordship would appoint which I apprehended a Business much conducing to His Majesty ' s Service and the Preservation of this Province against the Rebels in England into whose hands I was assured the same should be put as now it is and presuming that it would not have been prejudicial to His Majesty or your Lordship for me to use any Slight or Means to get it out of their hands I presumed to frame a Warrant in your Lordship's Name authorizing him to Surrender me that Hold to His Majesty's Use and that your Lordship had received sufficient Assurance from me to redeliver it upon Demand which I read unto him he would have it into his own hands as he alledged for his Justification but I insisted that I would not part with the Instrument until the Work were accomplished according to the Directions whereupon he took time to prepare and consider of the Business for two days as near as I can remember and then he was to send his farther Resolution unto me or to appoint another Meeting and since I have not heard any thing from him but within six days after I could hear that he discovered it unto my Lord of Insiquin and some others at a Council of War My Lord he thought to catch me and I was hopeful to catch him and if in the Progress or Carriage of the Matter I have said or done any thing that gives your Lordship cause of Offence I crave your Forgiveness and Pardon Your Lordship may be the more Indulgent unto me in this Particular for that upon my Salvation I had a full Resolution if I had compassed the Place upon those Terms to preserve all the English without any prejudice either in their Lives Religion or Goods and to Surrender it unto your Lordship or such as you would Appoint whensoever your Lordship would call for it My Lord This is the Truth of what passed between Muschamp and me in that place I have no more to add unto it but that I desire if in this I have forfeited any thing of your Lordship's Opinion I may be restored and accounted by your Excellency Your most humble Servant And as to Conaught 1643. after the Cessation was concluded Commissioners were appointed to settle the Quarters of which Major Ormsby was one and Sir Robert Newcomen and Sir George Saint-George were in February made Commissioners or Governours of that Province but the Irish who knew well enough that by the Cessation the Garisons in Conaught were left in a starving Condition did delay the Settlement of the Quarters all that they could so that tho' a meeting was appointed at Roscomon about the middle of February and Major Ormsby accordingly
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
also procured the Earl of Glamorgan to be sent into Ireland who made a Peace secretly with the Irish on the 25th day of August as we shall see anon and which also met with the same Fate and for the same Reason And this unfolds the Secret of some Mysteries which at that time were unintelligible for it was a Paradox to Ormond and those Cavaliers who were so zealous for the King that they passionately coveted a Peace with the Irish as that which they thought the only probable Means left to preserve His Majesty I say it amaz'd these Men to find the Irish delay and indeed reject the Peace which themselves at first had courted and which was their Interest to hasten even upon worse Terms than were offered them Nevertheless the Confederates continued to quibble upon Niceties and to reassume Debates that were determined before and particularly the Words in one of the Articles That Officers of Both Religions be equally preferr'd being upon an Objection of the Lord Digby explain'd by themselves to intend only Indifferency were now so strained that they would admit no other Interpretation of the Word Equally but that it must extend to Number whereat His Majesty was exceedingly disgusted But in May there was a General Assembly of the Irish which pursuant to a Decision of their Clergy Appendix 29 did on the Ninth of June Vote That as to the Demand of Restoring the Protestant Churches the Commissioners shall give a positive Denial And the Truth of it is that they thought themselves so sure of what Conditions they pleas'd from the Earl of Glamorgan that they little minded what Answer they gave to the Marquis of Ormond or his Commissioners And on the other side the King thought himself so sure of the Ten thousand Men from them that Sir Marmaduke Langdale was in July sent with Seven hundred Horse to Carnarvan to receive and conduct them as there should be occasion But when their Expectation in England began to tire and no News came either of a Peace or of Succors the Lord Digby Secretary of State wrote the following Letter to the Lord of Muskery and the rest that had been Agents for the Confederates at Oxford My Lords and Gentlemen HIS Majsty having long expected a Conclusion of a happy Peace within your Kingdom and His Affairs having highly suffered by the failing of His Expectations from thence cannot chuse but wonder what the Cause is of it calling to mind those fair Professions and Promises which you made unto Him when you were imployed here as Agents And knowing well what Power and Instructions He hath long since given to my Lord Lieutenant to comply with you for your Satisfaction as far forth as with Reason or Honor His Majesty could in Civil Things or with Prudence or Conscience in Matters of Religion and in the latter as to the utmost of what for any worldly Consideration He will ever be induced to So did He conceive nothing less than what you declared unto Him you were persuaded the Catholicks would be satisfied withal nay ought not in their own Interest to seek more in the present Condition His Majesty is in lest further Concessions might by confirming former Scandals cast upon His Majesty in Matters of Religion so alienate the Hearts of His faithful and loyal Adherents as to make them abandon Him Which as it would draw inevitable Ruin on Him so were you rightly apprehensive that when the Parliament should by that means have prevailed here that must soon after bring a certain Destruction upon your selves What the change of Princples or Resolutions are His Majesty knows not but He finds by the not concluding of a Peace there that your Party it seems is not satisfied with the utmost that His Majesty can grant in Matters of Religion that is the taking away of the Penal Laws against Roman Catholicks within that Kingdom And His Majesty here hears that you insist upon the Demands of Churches for the Publick Exercise of Religion which is the Occasion that His Majesty hath commanded me to write thus frankly unto you and to tell you That He cannot believe it possible that Rational and Prudent Men had there been no Propositions made to the contrary can insist upon that which must needs be so destructive to His Majesty at present and to your selves in the Consequences of His Ruin that is inevitably to be made a Prey to the Rebels of these Kingdoms or to a Foreign Nation Wherefore my Lords and Gentlemen to disabuse you I am commanded by His Majesty to declare unto you That were the Condition of His Affairs much more desperate than they are He would never redeem them by any Concession of so much wrong both to His Honor and Conscience It is for the Defence of His Religion principally that he hath undergone the Extremities of War here and He would never redeem his Crown by destroying It there So that to deal clearly with you as you may be happy your selves and be happy Instruments of His Majesty's Restoring if you would be contented with Reason and give Him that speedy Assistance which you well may so if nothing will content you but what must wound His Honor and Conscience you must expect howsoever His Condition is and how detestable soever the Rebels of this Kingdom are to Him He will in that Point joyn with them the Scots or with any of the Protestant Religion rather than do the least Act that may hazard that Religion in which and for which He will live and die Having said thus much by His Majesty's Command I have no more to add but that I shall think my self very happy if this take any such effect as may tend to the Peace of that Kingdom and make me Your Affectionate humble Servant GEO. DIGBIE Cardiff 1 August 1645. But the Confederates little regarded this Importunity they had other Designs of their own to mind and were busie managing the Two Treaties with Ormond and Glamorgan and whilst they proceeded diligently with the Earl they dealt sophistically with the Marquis still raising new Scruples and Difficulties varying and inhancing upon the King as His Condition grew worse so that on the Second of August they demanded to be exempt from the Excommunication of a Protestant Bishop because they could not in Conscience seek Absolution from those of another Religâ—n And thus Matters continued until the 25th of August at which time the secret Peace with Glamorgan was concluded and then to let him know that they design'd no more effectual Compliance with him than they had perform'd with others they did on the 28th of August make the following Order ☞ viz. The General Assembly Order and Declare 〈…〉 Union and Oath of Association shall remain firm and inviâ—lable and in full strength in all Points and to all Purposes until the Articles of the intended Peace shall be ratifiâ—d in Parliament Notwithstanding any Proclamation of the Peace c. And on the First of September
they explain this not to Import any thing inconsistent with the Peace nor to breed an Interruption or Impediment of it but to farther its Performance And tho' this Declaration notwithstanding any Explanation they could make of it was diametrically opposite to the Nature and Design of a Peace because this would reduce them to the Obedience and Condition of Subjects and that would still keep them up in the Condition of a Separate State yet there was a deeper Intrigue in this Matter viz. That if they would not part with their Association it necessarily followed that they could not part with their Army which was the Ligament and Support of it And therefore notwithstanding Glamorgan's Concessions yet that Earl must have Patience and wait for the expected Succors until the King should publickly ratifie what his Lordship had privately done and they did not doubt but the same Necessities continuing or rather encreasing would compel His Majesty to comply with their Expectations And in order to bring about their Designs they continued the Treaty with Ormond until the 21th of November and to cloak their Intrigues the whole Assembly on the Ninth of September did Vote That they would send Ten thousand Men to aid the King and would refer to His Majesty's Pleasure such things about Religion as Ormond either had not Power or not Inclination to grant But on the Fifteenth of November following they did in effect invalidate that Vote by alledging That they never undertook the Transportation of the Ten thousand Men to help the King but intended only their Assistance therein Nevertheless I must not conceal that the Anti-Nunciotists do aver That they design'd sincerely to send Succours to the King and to conclude a Peace with the Marquis of Ormond on the Terms afterwards agreed on and to refer the Secret Articles about Religion to His Majesty's Pleasure wherein they doubted not of as much Condescension as His Majesty could safely give because it had been so promis'd to them by the Earl of Glamorgan But the Nuncio arriving in Ireland in the nick of this Business quite altered their Measures and confounded their Affairs And whether it be so or not is scarce worth our Inquiry since we are sure of these few Truths That the Confederates sent no Succors at all to the King nor made the Peace till it was too late and did most perfidiously break it almost as soon as it was made But we must make room for a very extraordinary Man John Baptista Rinuccini Archbishop and Prince of Firmo the Pope's Nuncio who arrived in the River of Kilmair on the 22th day of October He sent before and brought with him 2000 Swords 500 Petronels 20000 Pound of Powder and Five or Six small Trunks of Spanish Gold and had in his Train 22 Italians besides several Clergy-men His Frigat which carried but 21 Guns was closely pursued by Captain Plunket in a Parliament Ship and had certainly been taken or sunk if the Cook-room of the English Ship had not accidentally taken Fire Never were People more troubled at a Disappointment than were the Seamen at this and yet scarce any Disappointment was ever more lucky For this Nuncio afterwards renew'd the fatal Distinction between Old Irish and Old English and split the Irish into * * Clerum ac populum primum diviserit mox inter se comiserit ac siâ— utriusque ruinae viam patefecerit Beling in Preface Factions which very much contributed as well to their Infamy as their Ruin He was receiv'd at Killkenny by the Supreme Council with extraordinary Joy and Respect and in a solemn manner was conducted to the Castle and in the great Hall he made an Oration in Latin to the Lord Viscount Mountgarret President of the Council Sancte jurat nâ—hil se contra 〈◊〉 regis commoda moliturum Beling 15. and amongst other things he did religiously swear to attempt nothing prejudicial to the King Nevertheless he was so little mindful of that Oath and had so small regard to the Peace and true Interest even of the Papists of Ireland that tho' he knew that the King in hopes of Succors from that Kingdom did so earnestly desire a Peace that the Fanaticks revil'd him with being an Humble Suitor to the Rebels for good Terms yet he made advantage of the King's Necessities and refus'd any Agreement that should not restore the Ecclesiastical Revenues and the Splendor of Popery and accordingly he positively wrote to his intimate Friend the Bishop of Killalla That if the Supreme Council should agree with Ormond he would take all the Bishops with him and leave the Kingdom But the Reader must take notice that all this while Ormond and the English were totally ignorant of the secret Negotiations of the Earl of Glamorgan until after the Defeat at Sligo which hapned on the 17th of October at which time the Titular Archbishop of Tuam was slain and in his Trunks was sound amongst other Papers a Copy of the Articles made with the Earl of Glamorgan which discovered such an Ocean of Contrivance and Intrigue as amazed the whole Protestant Party The Articles of this Peace and the Commission it was sounded upon and the Oath taken subsequent to it are all mentioned Appendix 27. which were so destructive to the Protestant Religion that Ormond and the Cavaliers could not believe that the King ever intended them in which Opinion they were confirm'd by the Asseverations of the Lord Digby That the Earl of Glamorgan had no such Commission or if he had it was surreptitiously obtain'd But however that were it was necessary to vindicate His Majesty's Reputation in an Affair so disobliging and scandalous and therefore the Lord Digby did on the 26th of December Impeach that Earl of Suspicion of Treason at the Council-board whereupon he was committed to Pâ—ison and a * * Earl of Roscomâ—n Lord Lambart Sir Jam. Ware Committee was appointed to take his Examination and an Account of this whole Proceeding was on the Fifth of January sent to the King whose excellent Answer thereunto is here recited verbaâ—im Appendix 28. But the Earl of Glamorgan upon his Examination confessed That he made those Concessions but that it was done under mutual Oaths of Secresie and That he conceived he had Warrant for what he did and That he did it with design to serve His Majesty and not to hurt the Protestant Religion Circumstances considered and That he conceives those Articles are not Obligatory to His Majesty and That he did not engage His Majesty's Faith or Honor further than by shewing his Authority and leaving it with them And then he gave the Committee Counterparts of all the Writings between him and the Irish And tho' the King was exceeding angry at the first News of this Affair as what he foresaw would be made use of by the Parliament to justifie all the Aspersions they had laid upon him in point of Popery yet when he had calmly considered that the Earl's
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
againg the English at Bunratty and on the Eighth of April sent the Lord Lieutenant word That a Fleet was seen at Sea which they were afraid would land Men near the Sheuin and therefore they had sent Three thousand of the Forces design'd for England to reduce Bunratty So that no more of the Irish Army was sent over than Three hundred Men under Milo Power which were design'd a Guard for the Prince of Wales and went to him to Scilly together with the Lord Digby in May in order to convey the Prince into Ireland Whereupon Ormond who was as sensible as any Man alive of the Levity of the Irish having receiv'd a Letter from the King of the Third of April recommending to his especial Care the Management of His Majesty's Affairs in Ireland as he shall conceive most for the King's Honor and Service caused that Letter to be printed that the Irish might know that there was no Peace to be expected from any other Hand than his And having informed the King by his Letter of the Seventh of April That the Treaty was so far concluded that Matters of Religion were submitted to His Majesty and the King oblig'd to nothing unless assisted in Proportion and Time mentioned in His Majesty's Letter of the First of December he was as industrious as could be to make that Peace effectual to His Majesty by a speedy Publication and a considerable Supply But finding the promised Succors diverted another way he began to despair of any Good from the Confederates And whilst he was in this Opinion the Earl of Argile and the rest of the Scots Commissioners being come over endeavoured by their Letter of the Fifteenth of April to renew the Treaty with him and tho' they did propose to have some of their Soldiers admitted into Dublin and that Ormond should submit to King and Parliament yet there were mutual Passports granted for Commissioners to Treat and the Interest of both Parties centring in the Prosecution of the Common Enemy inclin'd them to Moderation and gave great hopes of Success when the News of the King's Surrender to the Scots drew Argile home to his own Country ☜ and so the Treaty was dissolved However Ormond and the Irish could not agree and it is no wonder for they aim'd at quite different Ends. The Confederates design'd to expel the English out of Ireland under the Names of Fanaticks Parliamentarians the King's Enemies c. and Ormond design'd to get Ten thousand Irish to be sent to the King's Assistance in England The Irish intended to preserve their Government in the Form of a distinct Republick and the Lord Lieutenant hoped to reduce them to the Condition of Subjects And accordingly their Negotiations were managed on both Sides with a Tendency to their respective Ends insomuch that the Confederates in the Sixth Article of their Instructions of the Seventeenth of April to Mr. Nicholas Plunket order him to let his Excellency know That if he cause the Articles of Peace deposited with the Lord Clanriccard to be proclaim'd that then they must publish those Articles concerning Religion made with the Earl of Glamorgan and that it is not in their power to do otherwise for fear of losing their Foreign Friends and the danger of a Rupture at home But in the Two next Instructions they add That if Ormond will agree that they may on all Sides fight to clear the Kingdom of the Common Enemy that then their Councils in Civil and Martial Matters shall be manag'd by his Advice and he shall have as much Influence over their Debates ☜ us if he sat at the Board and as much Power as he was to have by the Articles during the Interval of Parliament And in their Additional Instructions of the Tenth of May they repeat to the same effect and desire the Nuncio may be countenanced and order their Agent to declare how they may be necessitated not to relie more upon his Excellency if he keep himself longer in suspence But on the other side the Lord Lieutenant very well unerstood the Inconvenience of joyning with the Irish by way of League which would be a tacit Allowance of their Government and therefore resolved not to unite with them upon any other Terms than that of the Peace And tho' he stood in great need of an Agreement with them yet not having fresh Orders to proceed in the Peace since the Condition of Transporting Men was not perform'd he could not have published the Peace if they would have consented to it and therefore he was glad to find them making Objections against it to which he * * 2 June return'd this Answer That if they publish'd Glamorgan ' s Articles that then he would in the Name of the King publickly disavow them as His Majesty had already done And in this manner the Intercourse and Correspondence between them was kept afoot and upon the Arrival of the Lord Digby on the Fourth of July with positive Verbal Orders to make the Peace they began to treat more closely Nevertheless that did not hinder the Confederates from pursuing their little Advantages underhand as appears by the following Letter of the Thirteenth of July from some of their Leading Men to General Preston WE beseech you in plain English give no Credit to my Lord Digby nor to any that goeth double ways and remember Lucan Seem nevertheless to trust him and lose no Advantage upon any Pretence whatsoever when you may do it with Safety If the Enemy have the Harvest quel consequences As you are a Catholick or Patriot Spare no Man that will not joyn with you for Kindred Religion or any other Pretence whatsoever If the King's Condition doth not forthwith Master the Parliament ☞ it will beget a bloody War there if he do absolutely Master them judge in both Cases how necessary it is the Army and Nation be considerable and able to stand upon their own Legs Burn or Master the Enemies Corn and Hay till the Body of the Army come with resulted Strength Several strong Parties may do good Service In case you undertake Trim or Minooth be sure to Master Naas Siggingsâ—own and Harristown and rather Demolish them than they should do hurt If Siggingstown and Harristown be not burnt they will do the Country hurt For your Lordship and General Birne only But in the midst of the Treaty between Ormond and the Irish there happened two strange Accidents the one was the King's Surrender of himself to the Scots near Newark the Fifth of May and the other was a great Victory Owen Roe obtain'd over the Scots and British at Bemburb on the Fifth of June which exposed the whole Province of Ulster to his Mercy if the Nuncio's Avocation of him to oppose the Supream Council had not prevented it as shall be shewn hereafter But these two grand Accidents must be handled apart and it is but Reason and Duty that we give preference to that of the King His Majesty was
not a little influencd by the Queen and upon her account by the French who had an Agent in the Scots Camp they pretended Zeal for the King's Re-establishment and the Cardinal did really give the Lord Digby 10000 Pistols for the Service of Ireland which he brought to the Marquis of Ormond in July Nevertheless by what they did to the Irish Agents in France and the sequel of the whole Affair it is manifest that they were Ambodexters and their Interest lying in the Confusion and Desolâ—tion of these Kingdoms they did what they could to keep them embroil'd However the King confided much in this French Agent and it was he that managed the Treaty between His Majesty and the Scots and either he did really obtain or persuaded the King that he had got from them these following Concessions viz. 1. That they would not endeavour to Force his Conscience 2. That they would afford a safe Retreat amongst them to all His Majesties faithful Servants and Adherents And 3. That by Force or Treaty they would endeavour to reestablish him in his just Rights And upon these Terms the King went from Oxford to the Scots Camp near Newark from whence they removed him to Newcastle And whilst he was there lying under the deep Resentments of the Ingratitude and Perfidy of the Irish Rebels who always heightned their Demands as his Necessities encreased and clogg'd their Promises of Succours with harder Conditions than were fit to put upon any Christian not to say their King viz. the Subversion of the Religion he profest he was prevail'd upon by his Letter of the 11th of June 1646. to prohibit the Marquis of Ormond from Treating with them any â—arther To this Letter the Lord Lieutenant and Council returned the following Answer That they will not proceed in the Treaty and that the Rebels have three Armies in the Field viz. Munster Army which is before Bunratty Conaught Army which is before Roscomon and Ulster Army which hovers towards Dublin and that the Parliament Frigats are in the Harbor and all over the Coast hindering Provisions c. from coming to them and that the Cessation will determine the 13th of July and that they have but 13 Barrels of Powder and want all other Necessaries for the War and therefore they hope to renew the Cessation for a month and in the mean time do earnestly pray for Supplies adding That they cannot be sure that those that unprovoked fell upon them in a time of Quiet will not break a Cessation as soon as they find themselves baffled in their Expectations of a Peace And as to the unfortunate Battel at Bemburb wherein the Lord Blany was slain and the Lord Mongomery was taken Prisoner as soon as it was over Mr. Annesly and Mr. Beale by their Letters importuned the Lord Lieutenant to declare against the Irish which at that time he could not presently do in regard of the Cessation that was not then expired but upon the Tenth of June the Lord Folliot Monroe and Sir Charles Coot joyned with the others in an Address to the Marquis of Ormond to the same purpose and the Lord Folliot and Mr. Galbreth came with it although they had no safe Conduct or Passport for doing so which is the more strange because those Commissioners Mr. Annesly and Beale had refused a Pass to a Messenger Ormond would have sent to the King unless they might know his Errand and because in this Address they did not give Ormond the Title of Lord-Lieutenant Nevertheless his Excellency answered them That he would joyn with them and as soon as the Cessation expired viz. 13 July would declare against the Common Enemy Provided they would submit to His Majesties Authority But they who had all their Support from the Parliament could not do that and so this Negotiation determined without effect And in this condition stood Affairs when on the Fourth of July 1646. the Lord Digby one of the Secretaries of State and afterwards Earl of Bristol returned to Dublin from France and assured the Marquis of Ormond That notwithstanding the King's Letter of the Eleventh of June which was extorted from him by Duress and proceeded from Ignorance of the posture of Affairs in Ireland and particularly of the Advances of the Treaty of peace it was His Majesties Pleasure That a Peace should be concluded with the Irish and that he had a positive verbal Message from the King to that purpose and thereof he made a solemn and formal Protestation before the Lord Lieutenant and Council which being reduced to Writing was entred at large in the Council-Book at Dublin on the Twenty eighth of July and thereupon they proceeded to the Conclusion of the Peace which was perfected on the Thirtieth of July and is contained in the Articles mentioned Appendix 24. And the next day they wrote to His Majesty a full account of what they had done and desired His Majesty to send them no more Verbal Orders especially such as contradict the Written ones lest they want Vouchers of their Obedience to His Majesties Commands and be thought Disloyal in doing those things which nothing but Duty could make them do The Peace being thus made was solemnly Proclaim'd in Dublin and by General Preston in his Camp and the King at Arms and those of the Heralds-Office to the number of Ten with all their Formalities were on the Sixth of August sent to Proclaim it in the other Cities and Corporations of the Kingdom of whose Journey I will give an account in due time The Lord-Lieutenant did also send a kind Letter of the Third of August to Owen Roe to invite him to Dublin to give his Assistance towards the Settlement of the Nation and that General did on the Seventeenth return a very civil Answer importing That as yet he had no authentick Notice of the Peace from his former Masters but as soon as he should have it he would hasten to pay his Duty to the Lord-Lieutenant And on the Eleventh of August the Protestant Clergy made a grateful Remonstrance of Thanks to His Excellency for his Care of Religion and the Kingdom In the mean time the restless and indefatigable Nuncio had summon'd all the Popish Clergy to Waterford under pretence of an Apostolick Visitation and to prepare for a National Synod the famous Nicholas French Bishop of Ferns was Chancellor of this Congregation which being assembled notwithstanding their holy Pretences did nothing else but consult how to break the Peace they had so lately consented to and being puft up with the Success their Forces had met with this Summer and taking advantage of the distressed condition of His Majesty and his Army these Holy Fathers made short work with the Peace for on the 12th of August which was just a Fortnight after it was made they declared all those perjur'd that would submit to it and by solemn * * Appendix 30. Decree rejected it as not having sufficiently provided for the Liberty and Splendor of
at London you do not advertise us that Succours are coming our Necessities can admit of no delay but will oblige us to think of some other Course The Instructions from the Council were 1. To demonstrate that the Lord Lieutenant and Officers now employ'd being experienced will be more Serviceable to the Preservation and Reduction of Ireland than any others 2. That we prefer the interest of the Crown of England before our particular advantage and therefore rather than our continuance shall hinder Supplies we will surrender but because Patentees cannot leave their Places without His Majesties allowance and are sworn to that effect you must declare that they will resign So as His Majesties Direction be therein obtained and all of them preserved in Persons and Estates and indemnified from publick Engagements and repaid their Disbursements for the publick and be protected for Six Months from private Debts and have Liberty to transport themselves and their Apurtenances where they please And Pursuant hereunto there were two Sets of Proportions delivered to the Agents the first from the Lord Lieutenant only was 1. That he would prosecute the War against the Irish Rebels as vigorously as he shall be thereunto enabled by the Parliament and will faithfully serve the Crown of England therein 2. That neither the Forces he has nor the Forces or Supplies that shall be sent him shall be otherwise employed than according to the Directions of the Parliament of England 3. That he will neither make Cessation or Peace with the Rebels without Consent of King and Parliament of England 4. That he will be oblig'd hereunto by Oath or otherwayes Competent for a Man of Honor and Conscience The other Proposals were from the Lord Lieutenant and Council demanding 1. Three thousand Foot and Five hundred Horse which will make up those here to be Seven thousand fifteen hundred Foot besides Officers and One thousand Horse besides Officers which at three days Pay in a Week amounts to 8258 l. 12 s. od per Month of Twenty eight days and that three Months Pay for them be sent and 1000 l. for Contingencies and Ammunition c. convenient and some spare Arms and Swords 2. That all that have constantly and faithfully served in this War may be preserved in Persons Estates and Employments and the like by those that were for some time forcibly kept by the Rebels but left them as soon as they could and the same of those that went to serve the King in England and the like of so many of the Irish as are accepted of as Adherents to His Majesties Protestant Subjects in this Cause They also wrote to the Speaker of the House of Lords That they were necessitated to make the Peace and the Irish broke it because the British Plantations in Ulster were not subverted And Secondly because Popery was not established in its fulness of Jurisdiction and Practice That Athlone was surpriz'd That they were reduced to Extremity and refer'd themselves to the farther report of their Agents and prayed immediate Assistance Upon the Receipt of these Letters the Parliament of England resolved to send Succours as fast as they could but well knowing that Ormond and his Party were unmoveably fixed in their Loyalty they resolved not to continue him in the Government but to proceed upon the other Overture and to send Commissioners over to receive the Sword and Garisons from him and that being done to settle such a Chief Governour as they should think fit And accordingly they did send over Sir Thomas Wharton Sir Robert King Sir John Clotworthy Sir Robert Meredith and Richard Salway Esquire Who on the 13th day of November arrived in the Bay of Dublin they immediately sent to the Lord Lieutenant that they had matters of importance for the Preservation of the Protestants of Ireland to Communicate to his Excellency and desired his safe Conduct which was accordingly sent them and the next day they Landed and on the 15th they delivered his Excellency a Copy of their Commission and of the Ordinance of Parliament and of their Instructions which were to this Effect To assure the Marquis of Ormond and Earl of Roscomon c. that the Parliament would take the Protestants of Ireland into their Protection and if he would surrender up the Sword and Garisons in four days that then Ormond should enjoy his Estate and have Indemnity from Debts contracted on the publick Accoâ—â—â—s and shall be protected against all Debts for a Twelvemonth that he and his followers may have Passes to go where they please that Ormond should have Two thousand Pound per annum for five years and longer if he cannot receive so much out of his own Estate and that Ormond may live in England if he will submit to all Ordinances of Parliament and that for a Twelvemonth he may live in England and shall not be pressed to any Oath he engaging his Honour not to do any thing disserviceable to the Parliament during that time Then the Lord Lieutenant demanded if by the word Protection it was intended that the Protestants should enjoy their Lives Liberties Estates and Employments without Molestation of the Parliament he also desired to know when the abovesaid four days were to begin and to what Persons and to whose use the Sword and Garisons were to be delivered The Commissioners answer'd They could not explain the word Protection but doubted not but a fair Interpretation would be made thereof That the four days commenc'd 15 November at Nine in the Morning and the Sword and Garisons were to be surrendred to them the Commissioners to the use of the Parliament of England in order to the Preservation of the Protestants of Ireland Ormond repli'd That he could not remit the Safety of the Protestants to the incertainty of a future Interpretation The Commissioners then produc'd an additional Instruction to give such Protestants as they condition withal except such as have been in the Irish Rebellion Assurance of Security to their Persons Estates and Goods in Ireland and that they may live quietly under the Protection of the Parliament submitting to the Ordinances of Parliament and compounding for their English Estates at two years Purchase On the Sixteenth of November the Commissioners offered Assistances of Men and Ammunition for the present Defence of Dublin or Caution they be employ'd to no other use and be restored if the Treaty break off Then Ormond demanded Whether the Protestants that concluded the Cessation or Peace should be interpreted to be in the Irish Rebellion To which the Commissioners answered in the Negative And being farther demanded Whether they expected every protestant should treat for himself or that Ormond's Treaty should suffice for all they answer'd It should serve for all that submitted to the Parliament within twenty days after notice Then Ormond ask'd Whether it was expected they should submit to all Ordinances of Parliament that were or should be made The Commissioners answer'd He saw the Words and they had no
or Clergy but to Men of Estates that are dispossessed as appears by the Limitation of its Continuance viz. until they can possess so much of their own Estates That the Covenant hath been already pressed and imposed in all parts of Ireland that are under the power of the Parliament and therefore they must be secure against that and if there be no Ordinance of Parliament to impose it the Commissioners may the better undertake it shall not be imposed That tho' his Lordship if he were to continue the Government would submit to Ordinances of Parliament that relate to Government of the Army or the like yet he would not to Ordinances of Religion against his Conscience and doth not scruple now that the people shall be obliged to Ordinances of the former sort and the Commissioners Declaration That they intend no other will give Satisfaction in this point That there was time enough to get the King's Orders That the Delivery of Oxford was forced by Extremity and yet was not done without the King's Direction That Inferences must not be made against any thing that is expressed And besides the first Article To procure His Majesties Direction the Seventh Article Mentions That if in the mean time till they can get the King's Orders they supply the Garisons it shall be well husbanded c. So that this Matter is fully and doubly expressed in those Proposals And lastly There is no Satisfaction given about the Dissolution of the present Parliament in Ireland which would be the Ruin of the Protestants of that Kingdom But because the Kingdom might not be deprived of the Supplies the Commissioners brought and that neither side may be prejudiced until the King's Pleasure may be known and their Instructions from the Parliament enlarg'd the Lord-Lieutenant propos'd 1. That the Officers and Soldiers may be landed and put in one or more Garisons and to receive Orders from his Excellency and the Governor of the place and submit to the Martial Law 2. That 3000 l. be lent his Excellency to support the Army â…” Money and 1 â— Victuals 3. That the Commissioners engage their Soldiers shall remove at the end of six Weeks unless an Agreement be made in the mean time and till then do no Prejudice to the Government 4. That his Lordship will engage they shall have free Egress c. at six Weeks end But the Commissioners thinking that the Exigencies of the City and Army and the danger to lose both would force the Lord-Lieutenant to comply refused these Proposals and repeated That his Lordship had offered to the Parliament to put all his Forces and Garisons under their sole Command the King unconsulted with therein which his Lordship did by his Letter of the Two and Twentieth of November positively deny And so this Treaty broke off and the Commissioners carried their Men and Supplies to Ulster But though the Lord Lieutenant had a fair excuse for refusing the Parliament Commissioners since they did not bring His Majesty's Orders according to the express mention thereof twice made in his Propositions yet he was very uneasy in regard of the Protestants under his Command and accordingly in answer to one of the Lord Digby's importunate Letters he thus expâ—esseth himself Nov. 18. 1646. It is an hard Task I have to break with the Parliaments Commissioners and keep my Reputation with my own Party to whom these Commissioners offered Security in their Fortunes Supplies in their Wants and Assistance against the Irish that have destroyed them in all the Interests that are dear to Men besides I must perswade my Party to return to intolerable and inevitable Wants and to rely once more upon the recently broken Faith of the Irish And in the same Letter he excepts against letting the Irish into Garisons and against promising to obey the Orders of Queen or Prince and against the words Free Exercise of Religion To all which the Lord Digby gave plausible Answers on the 20th and writes That Preston languished for his Commission and that he need do no more than write a kind Letter to that General and so at length he was overcome and did on the 25th day of November write to Preston and the next day gave a Commission to Clanrickard to be Lieutenant General of the Army and he was received as such by General Preston's Forces drawn up in Battalia The Terms of this new Reconciliation appear in the Marq. of Clanrickard ' s Engagement Appen 33 which one would think is as full as could be desired however the Nuncio and his Minion Owen Roe were not satisfied with them the Nuncio on the 20th of November urged the Marquis of Clanrickard That the Churches of Dublin might be included in his Engagement but Clanrickard replyed That it is more plausible to refuse Obedience to the King till he become Catholick than until being a Protestant he refuse to part with his own Churches Your Grace said he ought to content your Self with the Glory of Setling all the Garisons and in a manner all the Power in the Kingdom in Catholick Hands and to have secured the Catholick Religion with at least as great Extent and as great Freedom and Lustre under a King of a different Faith as that of his own Profession However it is not doubted but the Nuncio did secretly * * Nuntius Prestonio mandat ut fâ—â—dus cum prorege renovet Beling 38. promote this Pacification not with a design it should stand but in expectation of these three Advantages 1. That being by Sickness and want of Forâ—â—ge necessitated to raise the Siege this Agreement would make their Retreat safe which else might be dangerous Ormond's Horse being much better than theirs 2. The Disappointment of the Parliaments Commissioners would make an everlasting Fewd between them and Ormond And 3. Preston's Forces being in the English Garisons might find an opportunity to master some of them Nevertheless it was necessary that Owen Roe should decline the Agreement for else all the Kingdom would have complyed with it as believing that the Nuncio wanted either Power or Will to oppose it and therefore on the 17th of November he decamped and marched into the Queens County where he ravaged over the Country and destroyed all that he could not keep But Preston stayed in the Camp and on the 27th of November received the Marquis of Clanrickard as Lieutenat General of the Army and was himself made Major General and he and his Officers signed the Engagement mentioned Appendix 34 to obey the Peace and by Letters under his own Hand invited the Lord Lieutenant to march with him to Kilkenny and Waterford to reduce those Cities to conformity which he said would be effected by his Excellency's Appearance only before those places whereupon Ormond coâ—â—â—nted but was by Sickness detained for some few days from the intended March. But contrary to his expectation General Preston decamped and on the second of December from Naas writes to his Excellency That the
necessities of his Army forced him to withdraw thither where he stayed to expect his Lordships farther Commands And the same day Ormond replyed That he would certainly meet him at Castledermond that day sevenight with 600 Horse and 600 Musquetiers and that he will cause Commissions to be prepared with blanks for the Names of Preston's Officers to whom he will give proof of his full confidence in them and value of their Merit and loyal Affections and for Preston himself that he should have all the Power with the Lord Lieutenant that he could desire And thus Matters stood in a fair Correspondence between his Excellency and General Preston when on the 9th of December the Marquis of Ormond accompanied with the Marquis of Clanrickard marched out of Dublin with his small Party in the nature of Guards towards the place of Rendezvous and I doubt not but the Reader is full of Expectation to find General Preston there also but alas the Scene was changed and the Case was altered for the Council and Congregation at Kilkenny had on the 24th of November declared against this new Reconciliation as Appendix 35 and the Nuncio did so influence General Preston and his Officers by alledging That the former Treaty and Engagement were not binding being concluded without the Consent of a General Assembly which only had the Cognisance of Matters of so great Importance that he prevailed with them to Apostatize from their Solemn Engagement so lately entered into and to write this bald Excuse to the Marquis of Clanrickard That his Officers were not Excommunication-Proof And on the 15th of December the Council and Congregation of the Confederates not taking any notice of any Peace or Agreement that had intervened 1646. published the following Declaration By the Council and Congregation WHEREAS the Cessation of Arms between us and the adverse Party is long since determined and for that the Enemy in Dublin is now advanced into the Field committing daily acts of * * * Though really they committed none but paid for whatever they had Hostility We therefore Declare Order and Appoint That all Generals Captains and other Officers and Soldiers whatsoever of all and every the Armies of the Confederate Catholicks of Ireland and all and every Party and Parties of them either now together in Body or in their Winter Quarters shall and may KILL and Endamage the most they or any of them may of the Enemy aforesaid and against them or any of them use and exercise all manner of acts of Hostility But General Preston by his Letter of the 19th of December from Waterford endeavoured to excuse this Apostacy and laid the fault upon his Officers and yet on the 22th of the same Month he published a Declaration in Print against the lately renewed Peace ☞ to this effect That since the Engagement made by the Marquis of Clanrickard doth not yield sufficient Security for the Free Exercise of Religion c. as by the Congregations * * Appendix 35. Annotations thereon doth appear and since a Resolution was taken not to receive any of his Forces into the Garison of Dublin according to Agreement unless these Objections may be satisfied by the Enlargement of farther Grants that may satisfy the Council and Congregation he thinks himself obliged by the Oath of Association to obey the Council Congregation and General Assembly Whereupon the Lord Lieutenant by his Letter of the 5th of January acquaints him That however things have not sorted to his Expectation or to what he understood to be Preston's Obligation yet he was far from believing that Preston had any design so unbecoming a Man of Honour as to make use of the Credit given by Ormond to his Invitation to the Lord Lieutenants Prejudice or for the Improvement of Preston's Conditions with another Party which makes him confident that a Printed Paper Entituled Preston's Declaration c. and dated but three days after the former Letter of the 19th of December being so contrary to the Expressions therein must be a Forgery at also the Reports that some of Preston's Forces are gathering together at Castledermond to interrupt his Return or destroy the remainder of his Quarters yet he desires Satisfaction from Preston's own hand in those Particulars And accordingly General Preston did by his Letter of the 15th of January own his Declaration for which he writes he had good Reasons to be imparted at a more convenient time but disowned that he had any hand in disturbing his Excellency's Quarters or interrupting his Return But that the Reader may perceive that this Perfidiousness was not unexpected I must insert a short Passage in a Letter of the Lord Lieutenants to Colonel John Humilton dated at Lucan before he knew of Preston ' s Relapse and it was thus That I may leave no means unattempted to prevent the Ruin of His Majesty's Affairs whilst I have a hand in them I have undertaken an Expedition whereunto I was invited by a considerable Party of the Irish but I confess I go rather to leave them for ever unexcusable if they should fail me than that I have any assured Confidence of Performance such are the Impressions their former Failures have left in me But because it may be thought hard that the Confederates should be judged by the Sentiments of Protestants it is therefore necessary to shew what Opinion such of the Roman Catholicks as were loyal had of their Proceedings and the Reader may find it at large in the Marquis of Clanrickard's Letter Appendix 37. But Ormond either because he considered the Poverty of the City of Dublin or that being thus a second time deceived by the Confederates he was ashamed to return hither did march his small Army into Westmeath being the Enemies Quarters and there he kept a melancholy Christmas and though he used no Hostility but paid for every thing so that the Country seemed pleased with them yet the Captain and Lieutenant of his Excellency's Guards staâ—ing behind the rest were murdered upon the Highway by some of the Irish and on Christmas Day the Lord Lieutenant wrote to the Lord Digby then intended for France as followeth I Shall beseech you to be careful of one thing which is to take Order that the Commands that shall be directed to me touching this People if any be thwart not the Grounds I have laid to my self in point of Religion for in that and in that only I shall resort to the liberty left to a Subject to Obey by Suffering and particularly that there be no Concession to the Papists to perpetuate Churches or Church-livings to them or to take Ecclesiastical Jurisdiction from us And as for other Freedoms from Penalties for thâ— Quiet Exercise of their Religion I am clear of Opinion it not only may but ought to be given them if his Majesty shall find cause to own them for any thing but Rebels However whilst Ormond continued at Trim the Lord Muskry and some others that
Professing our Resolutions are with all real Service to the utmost of our Power to manifest the sincerity of our Acknowledgment and Affections unto you and to perpetuate to Posterity the Memory of your Excellencies Merits and our Thankfulness We have appointed this Instrument to be entred into both Houses and under the Hands of both Speakers to be Presented to your Lordship 17th die Martii 1676. Intr. per Vaâ— Savage Dep. Cler. Parl. Rich. Bolton Canc. Maurice Eustace Speaker Int. 17th die Martii 1676. per Philip Fernely Cler. Dom. Com. To which his Excellency returned the following Answer My Lords and Gentlemen VVHAT you have now Read and Deliver'd hath much surprized me and contains matter of higher Obligation laid upon me by you than thus suddenly to be answered yet I may not suffer you to depart hence without saying somewhat to you And first I assure you that this Acknowledgment of yours is unto me a Jewel of very great Value which I shall lay up amongst my choicest Treasures it being not only a full Confutation of those Calumnies that have been cast upon my Actions during the time I have had the Honour to serve His Majesty here but likewise an Antidote against the Virulency and Poison of those Tongues and Pens that I am well assur'd will be busily set on Work to traduce and blast the Integrity of my present Proceedings for your Preservation And now my Lords and Gentlemen since this may perhaps be the last time that I shall have the Honour to speak to you from this Place and since that next to the words of a dying Man those of one ready to banish himself from his Country for the good of it Challenge Credit give me leave before God and you here to protest that in all the time I had the Honour to serve the King my Master I never received any Command from him but such as spake him a Wise Pious Protestant Prince zealous of the Religion he professeth the Welfare of his Subjects and industrious to promote and settle Peace and Tranquillity in all his Kingdoms and I shall beseech you to look no otherwise upon me than upon a ready Instrument set on Work by the Kings Wisdom and Goodness for your Preservation wherein if I have discharged my Self to his Approbation and yours it will be the greatest Satisfaction and Comfort I shall take with me where-ever it shall please God to direct my Steps And now that I may dismiss you I beseech God long to preserve my Gracious Master and to restore Peace and Rest to this aifflcted Church and Kingdom But it is necessary to cast an Eye upon the rest of the Provinces and first on Munster where we shall find that the Castle of Bunratty was surpriz'd by the English in the close of the last Year and that the Earl of Glamorgan with Three thousand of the Men design'd for England was gone to recover that place he possed himself at Six-mile-bridge and made that his Camp and his Magazine but in the beginning of April the Garison sallyed and killed Captain Magrah and many of the Thomond Men aud beat their Party and not only burned Six-mile-bridge but scowred the whole Country to within Three mile of Limerick Hereupon Glamorgan appointed a Rendezvouz at Clonmel designing to make a Second Attempt but whilst he was contriving to impeach and imprison the Lord Muskery that Lord by his Interest and Diligence was too hard for him and obtained the Command of the Army which he presently conducted to the Siege of Bunratty nevertheless that place held out Six weeks after he came before it and at last surrendered upon honourable Articles The Supream Council removed to Limerick to Countenance this Siege and Insiquin to divert it ravag'd over all the Country to the very Gates of Limerick until the Earl of Castlehaven in pity to the Confederates gathered 1000 Horse whereby Insiquin being hindred from farther Preying the Country was oblig'd to return to his Garisons and in the mean time the Lord Broghill took the Lord Muskrye's strong Castle of Blarny which was more than a Counterpoise for his Success at Bunratty And what was done the rest of the Summer in Munster I do not any where find saving that the Lord of Insiquin took the Castle of Piltown but that on the Twentieth of February the Lord Lisle the Parliaments Lord Lieutenant arrived at Cork with 30000 l. in Money seven Pieces of Battery 1000 Muskets and 100 Barrels of Powder He did his utmost to amend whatever he found in disorder and in March visited Tallow Lismore Formoy and Youghall and had Knockmone delivered unto him but when he returned to Cork he began to be jealous of Insiquin and spent some of his time in fruitless Endeavours to displace him And in Ulster I find nothing more done than what hath been already related of the Battel of Bemburb saving that the Commissioners in the later end of October whilst Owen Roe was at the Siege of Dublin and to divert him from it sent out Seven hundred Horse and Dragoons from Lisnegarvy and they ravag'd over the Counties of Cavan Monaghan Louth and Westmeath and destroyed Owen Roe's Quarters and burnt many of his Villages and abundance of Corn and demolished Carickmacross and after a Fortnights stay abroad they brought home as many Cattle and as much other Plunder as they could drive or carry As also That the Lagan and Eniskilling Forces being joyned met Owen Roe near Clownish and gave him a small Defeat And as for Conaught it seems that General Preston took Roscomon about Midsummer and reduced most part of that Province for on the Tenth of December Mr. Annesly Sir Adam Loftus Sir John Temple and Sir Hardress Waller being then in England made a Report of the State of Ireland to the Parliament as followeth viz. That all Leinster opposes the Parliament and so doth Conaught except Sligo and five or six Castles wherein the Parliament hath Six Hundred Horse and Fourteen Hundred Foot but that in Munster the Parliament hath Cork Kinsale Youghall and Bandon and in them Four Thousand Foot and Three Hundred Horse and that all Ulster is theirs except Charlemont Dunganon and Montjoy which the Irish have and Newry and Greencastle which Ormond hath and in that Province the Parliament have Eight Thousand Foot in seventeen Regiments whereof Three Thousand Five Hundred Scots and Five Thousand old British and Eight Hundred and Fifty Horse in seventeen Troops and that the Irish are well supplied with Horse Arms Ammunition and Men and have Twenty Thousand Foot and Two Thousand Five Hundred Horse in Arms. But since we have related what the Confederates did at home it is fit that we should also enquire what they did abroad which we may give a shrewd Guess at by the following Papers the first being an Extract of a Letter sent to the Queen by the Bishops of Dublin Cashel and Elphin in the name of the Congregation on the Fifteenth of August 1646.
The second is part of a Letter to the Marquis of Clanrickard Dated at Paris the Tenth of February 1646. And the third is an Account of Mr. Jeofry Baron his Embassy to France THat Glamorgan was The Letter to the Queen for this only Reason imprisoned That being a Catholick he was carrying to the King such Catholick Succours as might deserve His Majesty's Favour to himself and the Catholicks of Ireland That the Kingdom being clear'd of the common Enemy by the Catholicks of Ireland which we suppose may be easily done this Summer we may all unanimously go to assist our King That we dislike the late Peace because all things are referred to the Pleasure of the King which we would readily submit to if he were not environ'd on all sides with the Enemies of our Religion and so far off from Your Majesty And in the mean time the Armies Garisons and Jurisdiction of the Confederates even the Supream Council it self are subjected to the sole Authority and Dominion of the Marquis of Ormond a Protestant Viceroy But we have no small hopes and Confidence in Your Majesty's gracious and effectual Intercession with the Pope That Bounds being set to the Protestants within which their Armies and Government may be confin'd they may not disturb the Catholick Religion the Churches nor Ecclesiastical Persons or Things QUod Glamorganus eo solo capite detrudi in Carcerem quod Catholicus ad Regem ferit Catholicorum Subsidia quibus sibi Catholicis Hibernis Regios Favores promeretur Ut purgata ab Hoste Communi per Catholicos Hiberniae quod satis facile ni fallimur poterat hoc Autumno fieri unanimos ire ad nostri Regis Subsidium Pax ideo nobis displicet quia omnia referuntur ad Arbitrium Suae Majestatis i.e. Regis quod subiremus libentissime si ab Hostibus nostrae Religionis undequaque cincta à MAJESTATE Vestra tam procul non esset Interim subjici Exercitus Arma Castra omnem Confederatorum Jurisdictionem ipsum Concilium Supremum soli Authoritati Dominio Marchionis Ormoniae Proregis Protestantis Non modica nobis restat Spes Fiducia in Majestatis Vestrae benigna efficacissima Intercessione apud Summum Pontificem ut praescripto Protestantibus limite intra quem eorum Arma Imperium contineantur ne Religionem Catholicam Ecclesias Ecclesiasticasque personas acres turbare liceat THE new Agent of the Supream Council The Letter to the Marquiss of Clanrickard Colonel Fitz-Williams is very violent in his Office It is believed that Hartegan hath inchanted or infected the Employment insomuch that all his Successors prove like to him He the Colonel is very liberal in the disposing of Places and Offices in the Kingdom He told the Countess of Arundel That he could make the Earl her Husband if he pleased Lord-Lieutenant and 't is imagined he says the same of the Marquis of Worcester to his Friends that is That he shall be Lord-Lieutenant and this was just Hartegan's way of Proceeding Shall we never have a discreet Person come from those parts who may impartially do our Affairs here Such a Party would Advantage and Honour your Country Colonel Fitz-Williams hath said in great heat That Dublin should be taken as soon as Mr. Baron returned and that the Confederates are so puissant that he wisheth with all his Heart that there were in Ireland 40000 English and Scots that they might have the Honour to beat them And another said The Confederates had taken Dublin if it were not for their Respect to the Queen Her Majesty declares That tho' she hath sent Mr. Winter Grant yet it is only with reference to the Marquisses of Ormond and Clanrickard to be consulted with and without their Advice and Consent he is not to engage her Majesty's Authority in any one thing Colonel Fitz-Williams endeavoureth now by his Friends to get a good Opinion in this Court from our Queen and he clasheth with Dr. Tirrel and pretendeth at Court That he suffers for adhering to my Lord of Ormond and our King's Party however at his Arrival here Hartegan was not more violent than he was against my Lord of Ormond and that Party MR. Jeofry Baron landed at Waterford on Friday the Eleventh of March 1646. and came the next day to Kilkenny The Account of Mr. Barons Ambassy and being indisposed two or three days he came not into the Assembly till the Sixteenth at which time being asked for an account â—f his Negotiation he answered That for the most part it consisted in the Letters he had brought with him and made some scruple to communicate them to any other than a sworn Council because the matter required Secrecy At length a Committee was appointed to peruse the Letters and Sir Lucas Dillon the Chairman reported from that Committee That it was requisite the Letters should be read in the Assembly which was done accordingly The first was a Letter of 30 January from Dr. Tirrell one of the Irish Agents importing That the Repture of the late Peace did at first seem to both the Courts in France to trench far upon the publick Faith of the Kingdom but when some slight Objections were solidly refuted and full Information given then the Rejection of the Peace was confirmed by the King and Queen of France and by Cardinal Mazarine but when they heard of the Return of the Irish Forces from Dublin they suspected their Weakness and Division wherefore he advises them to unite their Forces and attack that City again and make themselves Masters of the Kingdom and thereby they will regain the good Will of the King and Queen of France And that the Queen and Prince of Wales are coming to Ireland and advises not to agree upon slight Terms for when they come the Irish will have their Wills The second was a Letter from the King of France of 26 September to this effect That being well informed of the Inclinations the Kingdom hath to him he will take a particular Care of their Interests c. The third and fourth were from Cardinal Mazarine containing general Promises and that the Settlement of His Majesty of England would much rejoyce the King of France The Fifth was from Colonel Fitz-Williams Assuring them That if they would provid a good Reception from the Queen and Prince in Ireland most of their Demands would be granted That the Queen denies to have any Power to treat with the Irish but that she will send for it That the French will sâ—â—d Ships for Two Thousand Irish That if they aid Antrim in Scotland the Scots must look to their own Country and without them the Parliamentarians can do the Irish no hurt That the Presbyterians and Independents will certainly fall out That the Irish should not decline any of their Proposals for Peace for he is sure they shall have all Only he Supplicates them to leave one Church open in Dublin for the King's Religion lest the
would send it we being fleshed in Blood one against the other But whilst the Treaty between Ormond and the Irish was in agitation a Letter of his to the Supreme Council was intercepted and brought to the Parliament and by them shewed to the King who was then in the Isle of Wight whereupon they obliged His Majesty to write to the Lord Lieutenant not to proceed any farther in the Treaty with the Irish but that Letter was interpreted to come from one in Duress and being contrary to express Orders given his Excellency Not to obey any Commands inconsistent with those then received unless they were manifestly for His Majesty's Advantage until His Majesty were at liberty to declare his Sentiments freely That Letter was not much regarded and so after twenty days spent in the Treaty at Carrick the Lord Lieutenant about the middle of November removed to his Castle at Kilkenny upon the Invitation of the Commissioners and to be nearer the General Assembly which was then Sitting in that City he was received with such profound Respect as is usually paid to the Sovereign Authority and had his own Guards with him However it was the middle of January before the Matters relating to the Peace could be adjusted and then they passed unanimously even by the Votes of the Popish Bishops and were on the 17th of January mutually Ratified and afterwards Proclaimed with great Joy and followed by the * * Appendix 44 Declarations of the Popish Clergy expressing their great Satisfaction at this Peace which consisted of the Articles mentioned Appendix 43 which King Charles the second in the Preamble of the Act of Settlement had good reason to call Difficult Conditions Upon this Peace Ormond proposed to get together so good an Army as might by Force or Treaty prevent the Impending Fate of his Royal Master for the undertaken Quota's were as followeth  Foot Horse Munster Irish 4000 800 Leinster 4000 800 Insiquin 3000 600 Conaught 4000 800 Owen Roe if he would come in had 5000 500  20000 3500 But he depended upon a broken Reed for besides that the Irish had delayed the conclusion of the Peace too long to render it serviceable to the King and had exacted such Conditions as would rather hasten than prevent His Majesty's Ruine the Lord Lieutenant was exceedingly disappointed in his Calculation for Owen Roe did not at all come in till it was too late and most of the rest were deficient in their promised Proportions of Men or Money so that he was forced to borrow 800 l. upon his own Credit to enable the Army to march But it must not be forgotten that the Confederates still lay upon the lurch and in order to keep up their Dominion and Power notwithstanding the Peace they did on the 12th of January 1648 make the following Order By the General Assembly WHEREAS the Declaration of the General Assembly of the Confederate Catholicks Ante pag. 152. 〈◊〉 bearing date the 28th day of August 1645 and the Explanation of the 〈◊〉 General Assembly thereupon dated the First of September 1645 did relate to a Settlement of a Peace to be grounded on any Authority from his Majesty as by the said Declaration and Explanation thereupon more at large may appear It is this day ordered and declared by this Assembly ☜ That the said Declaration and Explanation shall CONTINUE and REMAIN in full force and be renewed as of this time and have relation to all Articles for a Settlement agreed on as well by Authority from His Majesty as from his Highness the Prince of Wales or both as if the said Declaration and Explanation had been NOW MADE to all Intents Constructions and Purposes But the Peace being concluded the Irish became very troublesom by their Importunities for Offices and Places of Trust and Honour Sir Richard Blake the very next week after the Peace wrote to Secretary Lane to mind the Lord Lieutenant to make him a Baron and others were as careful of their own Advancement but above all others the Insolence of a Son of Hugh O Connour is remarkable for he on the 9th of March wrote to the Lord Lieutenant to give him a Troop and his Brother a Foot Company or else they would shift for themselves To whom the Lord Lieutenant made answer That whatever he did with great Rebels he would not capitulate with small ones And now how gladly would I draw a Curtain over that Dismal and Unhappy Thirtieth of January wherein the Royal Father of our Country suffered Martyrdom Oh! that I could say They were Irish Men that did that Abominable Fact or that I could justly lay it at the Door of the Papists But how much soever they might obliquely or designedly Contribute to it 't is certain it was actually done by others who ought to say with the Poet Pudet haec opprobria nobis Et dici potuisse non potuisse refelli THE REIGN OF Charles the Second KING OF England Scotland France and Ireland CHARLES Prince of WALES 1648. eldest Son of the deceased King succeeded his Father in the Right of All and in the Possession of some of his Dominions and was by the Lord-Lieutenant first at Youghall where he then hapned to be in his return from visiting Prince Rupert and afterwards at Carrick proclaimed King by the Name of Charles the Second And altho' the new King did soon after by his Letters confirm the Marquess of Ormond in the Government of Ireland and acquainted him That the Kirk of Scotland had caused his Majesty to be proclaimed King on the 16th of February yet he also sent him the bad News of that Kirk's Declaration of the 13th of February against the Peace his Excellency had made with the Irish But the Lord-Lieutenant was encouraged to struggle with that Misfortune by two Accidents that happened in his favour viz. the Arrival of Prince Rupert and the Departure of the Nuncio The Prince being by the mistake of his Pilot put into Crook-Haven did not come into Kinsale till the 10th of February tho' his Brother Prince Maurice arrived above a Fortnight before he brought with him sixteen Frigats and his design was to make way for the Prince of Wales and he thought it a happy Omen that the first News he met with was that of the Peace Wherefore upon Conference with the Lord-Lieutenant at Corke it was resolved to send Capt. Ulbert to the Prince to hasten him for Ireland which was accordingly done and then the News of the King's Martyrdom arrving Prince Rupert proclaimed the new King at Kinsale with all the Solemnity that place was capable of and put himself and all his Officers in Mourning and even the Ensigns Jacks and Streamers of all the Fleet were altered to a colour suitable to the black and dismal Occasion Whilest Prince Rupert staid at Kinsale his Frigats cruis'd abroad and brought in several considerable Prizes and particularly three Corn-Ships which were of great consequence because of
Cromwell's Army was much harassed and but very small perhaps not exceeding 5000 Foot 2000 Horse and 500 Dragoons when he came before Waterford yet the fame of this General had so frightned the Irish that the Mayor and Governour of Waterford hearing of his approach did on the 28th of October send a Letter to the Marquess of Ormond to consult about the Terms to be insisted on at the Rendition of the City But Ormond the next day by his Letter chid them for their forwardness to Parly with the Enemy before any Battery was begun and assured them that if they did their Duty Cromwell should be baffled before that place as indeed it happened for he lost a 1000 Men with Sickness before it and went away without it And it was about this time in the Month of October that Mr. Seymour arrived in Ireland and brought with him the Garter to the Marquess of Ormond And it was by him that Ormond gave the following Account to his Majesty 30 Octob from Clonmell viz. That Ireland cannot be preserved without Succours that no People in the World are more easily drawn by Reward or forced by Fear than the Irish That he could not draw into the Field above 5000 Foot and 1300 Horse nor keep them long together for want of Necessaries That nevertheless there is no want of Men but of Maintenance for them that the Plague is in Conaught that the Irish and English in his Army cannot agree That no Trust can be put in Owen Roe's Army longer than their own Interest obliges them And therefore if his Majesty comes he ought to bring Ammunition and Money with him and land them at Galway And soon after from Waterford on the 15th of November his Lordship wrote again to his Majesty That the Irish are so fickle that for Trade's sake they will correspond with the Towns in the Rebels possession That the Irish Clergy are mutinous and by means of the Lord of Antrim will probably do some foolish and fatal thing From Waterford Cromwell marched to Dungarvan which he took and there on the 18th of November died Michael Jones Lieutenant-General of the Army a Man of clear Valour and excellent as well as fortunate Conduct and not inferiour to any body in a sincere passion for the good of his Country In the mean time the Towns of the Country of Cork being inhabited and garrison'd with English-men could not endure the thoughts of joyning with the Irish against their own Country-men they considered how the Lord-Lieutenant was not only limited in his Authority by the Commissioners of Trust and was but partially and precatiously obeyed by the Irish They knew the Irish aim'd at their Destruction in the end and continued the War to that purpose Finally they remembred the reasons of surrendring Dublin to the Parliament two Years before and they thought they had the same motive to submit now and therefore by the means of the Lord Broghill Collonel Countny Sir Percy Smith and the Collonels Townsend Jeffor'd and Warden they revolted all at once and about 2500 Men were drawn out of those Garrisons and they met Cromwell at Whitechurch not far from Dungarvan This Revolution dissolved all confidence between the English and Irish and as well for that reason as in other respects proved advantagious to Cromwell for otherwise he must have been forced to endure a long and dangerous March to Dublin or to have embark'd his Men on board the Fleet that coasted all along as he marched to attend him but by this Revolt he got excellent Winter-quarters in Cork Bandon Kinsale and Youghall which last place was made his Head-quarters and there we will leave him and enquire into the Motions of the Marquess of Ormond For although the Motions of that Lord could not be very considerable as well because of the Season of the Year and his want of Money and all other Necessaries as also because his Men did daily desert him in such numbers as that of all the Conaught Horse he had but nine and thirty left with him yet he so struggled with all these Difficulties that he still kept some Forces together hovering between Clonmell and Waterford And it hapned one day that he ferried over to Waterford with about fifty Horse in hopes to perswade that City to all that was necessary for its own preservation and the common good but when he came there he found that the Governor Lieutenant-General Farrel and Collonel Wogan from Duncannon had formed a design upon Passage-Fort and though Ormond much doubted the success yet it was not fit for him at that time to disswade the Attempt And so Farrell marched out but he was not long gone before a Party of the Enemies Horse was discovered to march towards Passage whereupon Ormond desired the Mayor to permit a Regiment or two of his Horse which were on the other side of the River to be wafted over and to march through the City but all his Commands and Intreaties were in vain although the Citizens saw the danger their Souldiers were in and the necessity of the proposed Relief However the Marquess marched out with his fifty Horse such as they were and met Farrell's Foot flying towards Waterford and Collonel Zankey's Horse in pursuit of them hereupon he drew up in a place of advantage and the Enemy thinking he had a greater Body of Horse with him than in truth he had lessened their pace till by advanced Parties they should discover the truth but Ormond pickeer'd so long with them that the remainder of the Foot being about one half had time to escape which else had been cut in pieces or taken Prisoners as their Companions were This very Accident shewed the necessity of the retaking Passage-Fort which else would be a continual Nusance to the City of Waterford and therefore the Lord-Lieutenant propos'd that he would transport his Forces over the River to accomplish that Undertaking if the City would permit his Army to Quarter in Huts under their Walls where they should be no ways burdensom but should have Pay and Provisions from the Country But the Citizens were so far from consenting to this that it was moved by one in the City-Council That they should seize on Ormond ' s person and fall on those that belonged to him as Enemies So that it was time for the Marquess to depart and because the principal Towns like so many petty Republicks stood so stifly upon their pretended Priviledges that they paid no farther Obedience to the Lord-Lieutenant than they thought fit and refused to receive his Army into Garrisons he was forced to disperse his Forces to provide for themselves as they could Luke Taaf went to Conaught and Insiquin into the County of Clare and the Lord Dillon into Westmeath only Major-General Hugh O Neil and 1600 Ulster-men were admitted into Clonmell and his Excellency return'd to Kilkenny And it was from hence that by his Letter of the 24th of December he acquainted his
Name of ourselves and the rest of our Brethren the Archbishops and Bishops of this Kingdom whereby we avow testify declare and protest before GOD and the World That since our General Meeting at Clanmacnoise or here we have omitted nothing that did occur unto us tending to the advancement of his Majesty's Interest and the Good of the Kingdom generally but have there and then ordered and decreed all to us appertaining or which was in our power necessarily conducing to the publick Conservation of his Majesty and his Subjects Interest And also do and have endeavoured to root out of Mens hearts all Jealousies and sinister Opinions conceived either against your Excellency or the present Governmen as by our Acts there conceived maâ— appear And aster our parting from thence in pursuance of our unanimous Resolution taken in that place we have accordingly declared to our respective Flocks our happy Agreement amongst ourselves and our earnest desire to labour with them to those ends and made use of our best perswasions for the purchasing of their Alacrity and chearful Concurrence to the Advantage of that Service So that if any thing was wanting of due Correspondence sought by your Ezcellency we conceive it cannot be attributed to any want of care or diligence in us And for further intimation of our hearty desires on all occasions to serve our King and Country we declare That we are not yet deterred for want of good Success in the Affairs of the Kingdom but rather animated to give further Onsets and try all other possible Ways Wherefore we most humbly entreat your Excellency to give us some particular Instructions and to prescribe some Remedies for and touching the Grievances presented by us to your Excellency for pacifying of Discontented Minds and put us in a way how to labour further in so good a Cause And we do faithfully promife that no Industry or Care shall be wanting in us to receive and execute your Conditions And in conclusion We leave to all impartial judicious Persons sad and serious Considerations to think how incredible it is that we should fail to oppose to the uttermost of our power the fearful and inceasing Potency of a Rebellious and Malignant Murderer of our late Soveraign King Charles to which Enemy also nothing seemeth more odious than the Names of Kings and Bishops and who aims at nothing so much as the Dethroning of our now Gracious King Charles the Second and the final Extirpation of our Natives in case as God forbid Events and Successes would fall suitable to his most wicked Designs So far we thought necessary to declare to your Excellency from ourselves as the sence likewise and true meaning of the rest of our Brethren other Bishops of this Kingdom Dated at Loghreogh the 28th of March Anno Domini 1650. Jo. Archiepiscopus Tuamensis Wa. Episcopus Confert Fran. Aladensis Rob. Corcagen Cluanensis Fr. Hugo Episcopus Duacensis But notwithstanding the specious pretences and fair promises in this Declaration they verified Cromwell's observation of them That they prefer'd their own Interest before the King 's and that their professions in favour of Protestants were hypocritical For although they desired Instructions so earnestly as if they meant to observe them yet having received Instruction to bring the City of Limerick to a better temper they did nothing effectually in it though they did colourably send Sir Richard Everard and Doctor Fennell to treat with that City and they carried with them Letters from the Commissioners of Trust to the Mayor and from the Bishops to the Archbishop of Cashell and Bishop of Limerick which if sincerely wrote could not in reason fail of producing some effect But the cause of suspecting their sincerity did not proceed barely from the unsuccessfulness of their Endeavours but also from a discovery of the dishonest manner of their proceedings with the Lords of Ormond and Insiquin whilst they were at Limerick for whilst some of the Prelates and leading Men of that City came to his Excellency under shew of Friendship and Respect and informed him That the Waywardness and Dissatisfaction of the People proceeded from their Aversion to Insiquin who had always prosecuted the War against them with Rigour and Animosity and had defiled himself with the Blood of the Religious at Cashel and of whom they could have no Assurance since his Principal Confidents betrayed the Towns of Munster but if his Excellency would dismiss that Lord and disband his Troops that then the whole Nation as one Man would be at his disposal Another party of Popish Bishops and other leading Men addressed themselves to Insiquin and assured him That they expected no Success under the Conduct of Ormond because he was not of their Nation and was so indulgent to English Interest and English-men that he little regarded them or theirs But if his Lordship who was of the most Ancient and Noble Extraction of Ireland had the Supreme Command then all would be well But these two Lords compared Notes and thereby discovered the bottom of the Contrivance which was to create a Quarrel between them that so they might the easier get rid of them both And indeed from that time forward Ormond had so small hopes of the Irish that he employed the Bishop of Derry to treat with some forreign Prince about transporting 5 or 6000 Men into their Service at usual Rates and he designed to go with them himself and having no means to support Insiquin's Army he did at the importunity of the Commissioners of Trust who were as weary of the Engling as the English were of them disband Insiquin's Forces except Collonel Buller's Regiment which was designed to be sent to the King from Galway And on the first of May Dean Boyle now Lord Primate was employed by Ormond and Insiquin to treat with Cromwell Upon what Terms the Protestants of their Party might be received into Protection In the mean time the King by his Letter of the 11th of March from Beauvois informs the Lord-Lieutenant That one Rochfort from Lieutenant-General Farrell and one Daly disguised under the Name of Dominico de Rosario were with his Majesty and represented Ormond as backward in granting Graces and Favours to the Irish But the King advises him to persevere and if need be rather to exceed in Concessions about Civil Matters than in Matters of Religion and that if there must be farther Concessions in Religion that thâ—n they should be made in general Terms with reference to a future Parliament and gives him full power to do as he sees fit and desires to know whether if he fail with the Scots he may conveniently come for Ireland And indeed this had been the proper time for his Majesty to have come thither and the Marquess of Ormond did invite him to do so and the Queen Mother on the 10th of March 1649 sent the Lord Byron on purpose to press him to the Voyage and to get the Scotch Commissioners consent thereunto And it
but the Foot fought stoutly even to club-Musket and push of Pike but the issue was that the Irish were totally routed and then the Horse did great execution in the pursuit which was continued farther than ever was heard of before viz. above thirty Miles for at Omagh Major King with his three Troops begun the pursuit afresh and gleaned up what had escaped from the Battle so that it was believed that 500 of all this Army did not escape and even the Bishop himself was also taken by Major a Afterwards Lord Kingston King and by order of the Lord-President was the next day hanged Nor is it amiss to observe the Variety and Vicissitude of the Irish Affairs for this very Bishop and those Officers whose heads were now placed on the Walls of Derry were within less than a Year before confederate with Sir Charles Coot and raised the Siege of that City and were jovially merry at his Table in the quality of Friends Nor must it be omitted that the Duke of Lorrain sent his Agent Collonel Oliver Synot into Ireland he landed on the 29th of April 1650 and made a great noise of his Master's affection to the King and his zeal to the Catholick Religion and pretended that he had brought Money with him and that he would lend 1000 l. for his Majesty's service on the Mortgage of any Town or Fort that was considerable Whereupon the Lord-Lieutenant appointed the Lords Taaf and Athenry and Jeoffory Brown to treat with him and proposed to Mortgage Galway for that Sum But at length it was found to be a juggle on Synot's side and that either he had no Money or no intention to part with it And the Secret of this Affair is that the Duke of Lorrain was engaged in a Negotiation at Rome to Legitimate some Children that he had by Madam de Causecroix in the life-time of his first Wife Nichol de Lorrain and the easier to accomplish his design he dissembled such an extraordinary Zeal for Religion as would transport his Arms into Ireland to the relief of the Catholicks there but when he had effected his business at Rome his Devotion to the Irish Service abated so that being seperately and at several times sollicited by the King and by the Agents of the Confederates to the first he answered That the King had nothing left in Ireland and therefore it was in vain to treat And to the others he answered That he could not treat with them any farther without the approbation of their King And so with his usual dexterity he extricated himself out of this Affair In the mean time Collonel Reynolds and Sir Theophilus Jones beat back some Forces that were sent to the Relief of Terroghan and disturbed a Consult that was held in Westmeath between the Lord-Lieutenant the Lords of Clanrickard and Castlehaven and the Titular Bishop of Clogher and they also in Trim Ballyhuse and Feynagh And thus matters still growing worse and worse and the Parliamentarians daily getting ground the Popish Clergy did Proprio Motu assemble at Jamestown on the 6th of August and on the same day did give Commission to the Bishop of Fernes and Hugh Rochford to Treat with forreign Princes as Appendix 46 and afterwards did several things more extravagant Nevertheless to dissemble the Matter and as preparatory to their Meeting they sent the Lord-Lieutenant the following Letter May it please Your Excellency THis Nation become of late the Fable and Reproach of the Christianity is brought to a sad Condition Notwithstanding the frequent and laborious Meetings and Consultations of the Prelates we find Jealousies and Fears deep in the hearts of Men Thorns hard to take out We see most Men contributing to the Enemy and rendring their Persons and Substance useful to his Mallice and destructive to Religion and the King's Interest This kind of Men if not timely prevented will betray irremediably themselves and us We find no Stock or Substance ordered for maintaining the Souldier nor is there an Army any way considerable in the Kingdom to recover what is lost or defend what we hold So as Humanely speaking if God will not be pleased for his Mercy 's sake to take off from us the heavy Judgments of his Anger we are in a fair way for losing Sacred Religion the King's Authority and Ireland The four Archbishops to acquit their own Consciences in the Eyes of God have resolved to meet at Jamestown about the sixth day of the next Month and to bring about as many of the Suffragans as may repair thither with safety The end of this Consultation is to do what in us lieth for the amendment of Errors and recovery of this afflicted People If your Excellency shall think fit in your wisdom to send one or more Persons to make Proposals for the Safety of the Nation we shall not want willingness to prepare good Answers nor will we despair of the Blessing of God and of his powerful Influence to be upon our sincere Intentions in that place Even so we conclude remaining June 14th 1650. For his Excellency the Lord-Lieutenant of Ireland Your Excellency's Most Humble Servants Fr. Thomas Dublin Jo. Archiepiscopus Tuamen This Letter was answered by his Excellency as followeth AFter Our hearty Commendations We received yours of the 24th of July on the first of this Month and do with much Grief acknowledge that this Nation is brought into a sad Condition and that by such means as when it shall be known abroad and by Story delivered to Posterity will indeed be thought a Fable For it will seem incredible that any Nation should so madly affect and violently pursue the ways leading to their own Destruction as this People will appear to have done and that after the certain Ruine they were running into was evidently and frequently discovered unto those that in all times and upon all other occasions have had power to perswade or compel them to whatever they thought fit And it will be less credible when it shall be declared as with truth it will be that the Temporal Spiritual and Eternal Interest and Safety even of those that had this power and that have been thus forewarned did consist in making use of it to reclaim the People and direct them into the Ways of Preservation To be plain it cannot be denied but the Disobedience we have met with which we at large declared unto many of you who with divers others of the Nobility and Gentry were assembled at Loghreogh in April last was the certain ready way to the Destruction of this Nation as by our Letter of the first of May to that Assembly we made appear Ancient and late Experience hath made evident what power those of your Function have had to draw the People of this Nation to what they thought fit Whether your Lordships have been convinced that the Obedience which we desire should be given to his Majesty's Authority in Us pursuant to the Articles of Peace was the way
to preserve the Nation we know not or whether your Lordships have made use of all the means at other times and upon other occasions exercised by you to procure this necessary Obedience we shall not now determine Sure we are that since the said Assembly not only Limerick hath persisted in the Disobedience it was then in and aggravated the same by several Affronts since fixed upon the King's Authority but Galway hath been seduced into like Disobedience For want of due Compliance from those places but principally from Limerick it hath been impossible for us to raise or imploy an Army against the Rebels For to attempt it any where on the other side of the Shannon but near Lymerick and without the absolute Command of that City to secure it could be no other than the certain ruine of the Design in the very beginning of it the Rebels power being such as to dissipate with ease the foundation that should be laid there And to have done it on this side the Shannon was impossible since the Ground-work of the Army must be raised and supported from thence which whilst it was in forming would have exhausted all the substance of these parts and not have effected the Work For want of such an Army which with God's assistance might certainly have been long since raised if Limerick had obeyed our Orders the Rebels have without any considerable resistance from abroad taken Clonmell Tecroghan and Catherlagh and reduced Waterford and Duncannon to great and we fear irrecoverable Distress The loss of these places and the want of any visible power to protect them hath doublessly induced many to contribute their Substance and personal Assistance to the Rebels from which whether they might have been withheld by Church-censures we know not but have not heard of any such which issued against them And lastly for want of such an Army the Rebels have taken to themselves the Contribution which might considerably have assisted to support an Army and preserve the Kingdom If therefore the end of your Consultation at Jamestown be to acquit your Consciences in the Eyes of God the amendment of all Errors and the recovery of this afflicted People as by the Letter giving us notice of your meeting is professed We have endeavoured briefly to shew That the Spring of our past Losses and approaching Ruine arises from Disobedience and it will not be hard to shew that the Spring of those Disobediences arises from the Forgeries invented the Calumnies spread against Government and the Incitements of the People to Rebellion by very many of the Clergy That these Errors are frequently practised and fit for amendment is no more to be doubted than that without they be amended the affliction of the People will continue and as it is to be feared end in their utter Destruction Which if prevented by what your Consultation will produce the happy effect of your meeting will be acknowledged without questioning the Authority by which you meet or expecting Proposals from us Which other than what we have formerly and now by this our Letter made we hold not necessary And so we bid your Lordships Farewel From Roscomon the 2d of August 1650. Your Lordships very Loving Friend ORMOND To which the Congregation at Jamestown made the following Reply May it please Your Excellency WE received your Excellency's Letter of the second current Where to our Grief and Admiration we saw some Expressions that seem meant for casting a blame upon us of the present sad Condition of the Kingdom which we hope to answer to the satisfaction of your Excellency and the whole Nation In the mean time we permit this Protestation as we are Christian Catholick Prelates that we have done our Endeavours with all â—arnestness and candor for taking away from the hearts of the People all Jealousies and Diffidences that were conceived the occasion of so many Disasters that befel the Nation and that in all occasions our actions and co-operations were ready to accompany all your Excellency's Designs for Preservation of all his Majesty's Interests in this Kingdom Whose state being in the present desperate Condition we thought it our Duty to offer unto your Excellency our sence of the only possibility we could devise for its Preservation and that by the intervention and expression of my Lord of Dromore and Dr. Charles Kelly Dean of Tuam who shall clearly deliver unto your Excellency our Thoughts and good Intentions as to this effect praying your Excellency to give full credit to what they will declare in our Names in this Business which will be still owned as our Command laid upon them and the Declaration of the sincere Hearts of Jamestown dated the 10th of Aug. 1650. For his Excellency the Lord-Lieutenant of Ireland c. Your Excellency's Most Humble Servants Hen. Ardmach Jo. Archiepiscop Tuam Eugenius Killmore Nich. Fernensis Procurator Archiepis Dubliniensis Walt. Clonferten Procurator Leghlin Fr. Anto. Clonmacnocensis Episcopus Arthurus Dunensis Connerensis Th. Higgin Procurator Ossor Fr. Ricardus Kelly Procurator Kildar Rathbran Ord. Praed And the Message mentioned in the aforesaid Letter was on the 12th of August together with that Letter delivered in haec Verba and was the next day at his Lordship's request reduced into writing Viz. May it please Your Excellency WE being intrusted from the Clergy met at Jamestown to deliver a Message to your Excellency purporting their Advice what the onely Means is as they conceive that may serve to free the Nation from the sad Condition whereunto it is reduced at present do in Obedience to your Excellency's Command signified for giving in the substance of the said Message in writing humbly represent the same to be as followeth That whereas they doubt not your Excellency hath laboured by other hands to bring the best Aids that possibly could be had from abroad for Relief of this gasping Nation yet finding now in their Conscience no other Expedient or Remedy for the Preservation thereof and of his Majesty's Interests therein more prevalent than your Excellency's speedy repair to his Majesty for preventing the Ruine and Desolation of all and leaving the King's Authority in the hands of some Person and Persons faithful to his Majesty and trusty to the Nation and such as the Affection and Confidence of the People will follow by which the Rage and Fury of the Enemy may receive interruption They humbly offer this important Matter of Safety or Destruction of this Nation and the King's Interest to your Wisdom and Consideration hoping the Kingdom by your Excellency's presence with his Majesty and entrusting safely the King's Authority as above may with God's blessing hold out until relieved with Supplies from his Majesty The Prelates in the mean time will do what lieth in their power to assist the Person and Persons so entrusted The great Trust his Majesty doth repose in your Excellency the vast Interest in Fortune Alliance and Kindred you have in the Nation and your Experience in
own Subjects and hazard the Quiet of their Kingdoms or States To these we have answered elsewhere We cannot sufficiently wonder that Men having no Spleen or Malice to our person have yet been so transported by their desire to have a Governour to their mind as to asperse us with so many Untruths as they have been detected of in this Discourse Or why if their Charity be such as they speak of they choose not rather to deal freely with us in private when we so often provoked them to it than to joyn with others to keep us here against our inclination as if it were on purpose to send us away irrecoverably blasted in Honour and Reputation by their publick Declaration As to the Commissions here mentioned to be given by us against Limerick the many Provocations Disobediences affronts and Challenges of Dues by the Commissioners applotted on them required much more at our hands than we did Which you will find by the ensuing Discourse though therein we are necessitated to re-assume in part what we formerly said of the demeanor of that City That we having for a long time observed the great Disadvantage his Majesty's Service in the Conduct of the War hath been subject unto for want of Garrisoning the Army in the principal Cities and Towns of this Kingdom whereby the Army could not but be undisciplined and unfit for Action the Country where we have been forced to Quarter them at large burthened and destroyed and the said Cities and Towns on the Defence whereof depended the Preservation of the Kingdom with the Lives Liberties and Fortunes of all his Majesty's good Subjects therein in apparent hazard of being lost upon the approach of an Enemy as by sad Experience hath been verified in the loss of some Places of importance for the want of the seasonable admitting into them of fitting Governours and Garrison Souldiers We did on the 14th of January last propose unto the Commissioners authorized by us in pursuance of the Articles of Peace that then immediately Limerick and other Places should be strongly Garrison'd and Fortified and in pursuance of the said Articles we offered unto them the Names of three Persons of the Roman Catholick Religion that out of them they might choose one for the Command of Limerick But the Plague increasing at Kilkenny together with the necessity of dissolving the Meeting then there and for other important reasons the Election of a Governour of the said City of Limerick was deferred to the end that at our coming thither we might in the manner prescribed by the Articles of Peace make Choice of such a Person and Garrison as might be at once fit for so important a Charge and beyond all possiblity of being lyable to just Exception from that Corporation We leave it to the Commissioners and others that then attended us to witness what pains we there took to satisfie those of that City in the necessity of their speedy receiving a Governour and Garrison in relation to all the Interests that can be of value with any People What our Patience was in passing by many Disrespects and Marks of an Unworthy Distrust put upon us there as particularly the Officer commanding the City Guards neither came to us for Orders nor imparted any to us that no Officer of the Army nor any other Person could without special leave and that hardly obtained from the Mayor be admitted to come to us to receive our Commands and Directions for resisting the Rebels than by this means prevailing in the County of Limerick and other places and that the Lord Viscount Kilmalloc a Peer of the Realm and an Officer of the Army was we being upon the place restrained of his Liberty ☜ for no other reason than for Quartering by our Orders for one night some few Horse under his Command in the Liberties of the City When through such their Deportment we despaired of perswading them to the ways leading to their proper Safety and also judged it far beneath the Honour of our Master to remain any longer in a Place where such Affronts were put upon his Authority intrusted with us we determined to remove from thence to Logreogh appointing the said Commissioners and as many of the Roman Catholick Bishops as were within any convenient distance to meet us there on the 9th of March Where being met we declared unto them the necessity of Garrisoning that City and gave them some notice of our resentment of our Usage there yet sparingly in hope that by their means they might be brought to consent to what was so necessary for their own Preservation and in time to a better understanding of their Duty to his Majesty's Authority Whereupon the said Commissioners by two of their Number directed very pressing and rational Letters to that Corporation to the effect proposed by us offering them their Choice of five Persons for the Martial Government of that City all of the Roman Catholick Religion of considerable Interest in the Kingdom and of unblemished Reputation And the Bishops do affirm That they accompanied those Letters with others from themselves perswading that Obedience should be given to what was required by us with the Advice and Consent of the said Commissioners To all which they returned Answers to these employed to them wherein in direct Violation of the Articles of Peace whereunto they were obliged and which was proclaimed in that City they presumed to propose the raising of new Forces of their own choosing what Men to receive how and whence they should be supported by whom their means should be raised and collected into whose hands it should be put and in short wholly omitting to declare any thing concerning a Governour assumed to themselves all the Power in that City that by his Majesty is placed in us and by the Articles of Peace in the Commissioners These Propositions coming to us before our meeting with the Commissioners at Athlone we directed our Letter of the 9th of April to those employed to them with direction to impart it to the Corporation In these our Letters we manifested our dislike to such parts of their Presumption as tended to a dangerous Distinction and Dividing of the Nation and to the Diminution of his Majesty's Power even as the same is for a time in some things limited by the Articles of Peace and added to their Choice of Government the Lord Marquess of Clanrickard But in their Propositions which might be understood to proceed only from a fear of being over-burthened for the want of the punctual Payment of the Men that should be admitted we gave them assurance of Satisfaction as far as in us lay And the Commissioners being at Athlone and made acquainted with their Answers did again propose unto them some things nearer to their own sence But all their Forbearings Condescentions and mild Perswasions have produced in them no other effect than an obstinate and peremptory Persistance in their Disobedience with an Aggravation of it by their rejecting
ulla a Rege Vindic. Ever 105. yet as Father Ponce confesses or rather boasts they were endeavouring all they could to resort to their first Confederacy without any regard to the King But as soon as the Assembly understood the Lord-Lieutenant's Resolution to leave the Kingdom without appointing a Deputy they sent the Lords Clanrickard and Dillon and two more to him with the following Publick Act and Declaration of the Assembly The General Assembly's Publick Act and Declaration Dated at Loghreogh the 17th of December same Year 1650 upon and some few Days after Receipt of the precedent Letter from the Marquess of Ormond then Lord-Lieutenant of Ireland WHereas the Archbishops and Bishops met at this Assembly have of their own free accords for removing of Jealousies that any might apprehend of their Proceedings declared and protested That by their Excommunication and Declaration at Jamestown in August last they had no other Aim than the Preservation of the Catholick Religion and People and did not propose to make any Vsurpation on his Majesty's Authority or on the Liberties of the People confessing it belongs not to their Jurisdiction so to do upon consideration of which their Declaration and Protestation and their Professions to that purpose in this Assembly and of his Excellency's Letter dated the 16th of November last recommending unto us as the chief ends for which this Assembly was called the removing of all Divisions as the best way for our Preservation We the Lords Spiritual and Temporal and Gentry met in this Assembly conceiving that there is no better Foundation and Ground for our Vnion than the holding to and obeying his Majesty's Authority to which we owe and ought to pay all dutiful Obedience do hereby declare and protest That our Allegiance to his Majesty is so inherent in us that we cannot be withdrawn from the same nor is there any power or authority in the Lords Spiritual or Temporal Gentry or People Clergy or Laity of the Kingdom that can alter change or take away his Majesty's Authority we holding that to be the chief Flower of the Crown and the Support of the Peoples Liberty which we hereby protest declare and avow and also do esteem the same essentially inviolably and justly due from us and the chiefest Mean under GOD to uphold our Vnion and Preservation And do unanimously beseech his Excellency in his great Affections to the Advancement of his Majesty's Service and his hearty desires to this Nation 's preservation to which he hath relation of highest Concernments in Blood Alliance and Interest to leave that Authority with us in some person faithful to his Majesty and acceptable to the Nation To which person when made known unto us we will not only afford all due Obedience but will also offer and propose the best Ways and Means that God will please to direct us to for preservation of his Majesty's Rights and Peoples Interests and Liberties and for begetting ready Obedience in all places and persons to his Majesty's Authority And we do farther declare That albeit Drogheda and all other places which were upon conclusion of the Peace in January 1648 in the Enemies power in this Kingdom the Cities of London Derry and Dublin only excepted were in his Excellency's time of Government and Conduct through many hazards in his person and loss in his Fortune reduced to his Majesty's Obedience God was pleased to bring us to the State and Condition we are at present yet we are fully satisfied that his Excellency had faithful Intentions and hearty Affections to advance his Majesty ' Interests and Service in this Kingdom Loghreogh 7th Decem. 1650. By Command of the Assembly Richard Blake Hereupon his Excellency sent them word That he had sent a Deputation to the Marquess of Clanrickard to Govern the Kingdom provided that their Declaration might be so far explained as to give the Marquess of Clanrickard full satisfaction that the Expressions they made touching the Obedience they owed and resolved to pay unto his Majesty's Authority was meant The Authority placed in his Lordship or any other Governour deriving or holding his Authority from his Majesty and that they esteem it not in the Power of any Person Congregation or Assembly whatsoever to discharge or set the People free from obeying his Lordship or any other such Governour during the continuance of the said Authority in him without which he said he could not in Duty to his Majesty leave his Authority subject to be tossed to and fro at the uncertain Fancies of any Man or Men and without any probability of saving the Nation which could be no otherwise effected than by an absolute chearful Obedience of the People unto the Authority placed over them And so having given charge to the Lord Clanrickard not to accept the Government upon other Terms and having refused a Pass from Ireton which a great Man yet living sollicitous of Excellency's safety had obtained and being accompanied with the Lord Insiquin and the Colonels Vaughan Wogan and Warren and about twenty more in a small Vessel of twenty eight Tun and four Guns he set sail for France about the middle of December leaving ULICK Marquess of CLANRICKARD Earl of Saint ALBANS Lord-Deputy to whom the Assembly applied themselves and besought him to assume the Government as Lord-Deputy of Ireland according to the Power left with him by the Lord-Lieutenant But the Marquess absolutely refused to do it except they satisfied the Proviso mentioned in the Lord-Lieutenant's Letter to them and that he saw such an Union amongst them as might free the King's Authority from the Affronts it had been exposed unto Whereupon they petitioned him again to assume that Authority without which the Nation as they said would be exposed to Ruine and they promised entire Obedience thereunto and for farther manifestation of the Sincerity of their Intentions they made the following Act By the General Assembly of the Kingdom of Ireland Logreogh 24th of Decemb. 1653. ALthough this Assembly have endeavoured by their Declaration of the 7th of this Month to give full Testimony of their Obedience to his Majesty's Authority yet for further Satisfaction and for removal of all Jealousies we do further declare That the Lords Spiritual or Temporal Gentry or People Clergy or Laity of this Kingdom shall not attempt labour endeavour or do any Act or Acts to set free or discharge the people from yeilding due and perfect Obedience to his Majesty's Authority invested in the Lord Marquess of Clanrickard or any other Governour or Governours of this Kingdom And in case of any such Labour Act or Endeavour by which any Mischief might ensue by seducing the people we declare That no person or persons shall or ought to be lead thereby but by their Disobedience on any such grounds are lyable and subject to the heavy Censures and Penalties of the Laws of the Land in force and practised in the Reign of Henry the Seventh and other Catholique Princes Nevertheless it is further
into my hands they have violated the Trust reposed in them by having cast off and declined the Commission and Instructions they had from me in the King my Master's behalf and all other Powers that cou'd by any other means be derived from him and pretend to make an Agreement with your Highness in the Name of the Kingdom and People of Ireland for which they had not nor could have any warrantable Authority and have abused your Highness by a counterfeit shew of a private Instrument fraudulently procured and signed as I am informed by some inconsiderable and factious Persons ill-affected to His Majesty's Authority without any knowledge or consent of the generality of the Nation or Persons of greatest Quality or Interest therein and who under a seeming zeal and pretence of Service to your Highness labour more to satisfie their private Ambition then the advantage of Religion or the Nation or the prosperous Success of your Highness's generous Undertakings and to manifest the clearness of mine own Proceedings and make such deceitful Practices more apparent I send your Highness herewith an Authentick Copy of my Instructions which accompanied their Commission when I imployed them to your Highness as a sufficient evidence to convince them And having thus fully manifested their breach of Publick Trust I am obliged in the King my Master's Name to protest against their unwarrantable proceedings and to declare all the Agreements and Acts whatsoever concluded by those Commissioners to be void and illegal being not derived from or consonant to His Majesty's Authority being in Duty bound thus far to vindicate the King my Master's Honour and Authority and to preserve his just and undoubted Rights from such deceitful and rebellious Practices as likewise with an humble and respective Care to prevent those prejudices that might befal your Highness in being deluded by counterfeit shews in doing you greater Honour where it is apparent that any Undertaking laid upon such false and ill-grounded Principles as have been smoothly digested and fixed upon that Nation as their desire and request must overthrow all those Heroick and Prince like Acts your Highness hath proposed to your self for God's Glory and Service the Restauration of oppressed Majesty and the Relief of his distressed Kingdom which would at length fall into intestine Broils and Divisions if not forcibly driven into desperation I shall now with a hopeful and cheerful importunity upon a clear score free from those Deceits propose to your Highness that for advancement of all those great Ends you aim at and in the King my Master's behalf and in the Name of all the Loyal Catholick Subjects in this Nation and for the preservation of those important cautionary Places that are Security for your Highness's past and present Disbursements you will be pleased to quicken and hasten those Aids and Assistances you intended for the Relief of Ireland and I have with my whole Power and through the greatest Hazards striven to defend them for you and to preserve all other Ports that may be at all times of Advantage and Safe-guard to your Fleets and Men of War having yet many good Harbours left and also engage in the King my Master's Name for whatsoever may prove to your Satisfaction that is any way consistent with his Honour and Authority and have made my Applications to the Queen's Majesty and my Lord-Lieutenant the King being in Scotland further to agree confirm and secure whatsoever may be of advantage to your Highness and if the last Galliot had but brought 10000 l. for this instant time ☜ it would have contributed more to the Recovery of this Kingdom than far greater Sums delayed by enabling our Forces to meet together for the Relief of Limerick which cannot but be in great distress after so long a Siege and which if lost although I shall endeavour to prevent it will cost much Treasure to be regained And if your Highness will be pleased to go on chearfully freely and seasonably with this great Work I make no question but God will give so great a blessing thereto as that myself and all the Loyal Subjects of this Kingdom may soon and justly proclaim and leave recorded to Posterity that your Highness was the grâ—â—t and glorious Restorer of our Religion Monarch and Nation and that your Highness may not be discouraged or diverted from this generous Enterprize by the Malice or Invectives of any ill-affected it is a necessary Duty in me to represent unto your Highness that the Bishop of Ferns who as I am informed hath gained some Interest in your favour is a Person that hath ever been violent against ☜ and malitious to His Majesty's Authority and Government and a fatal Instrument in contriving and fomenting all these Divisions and Differences that have rent asunder this Kingdom the Introduction to our present Miseries and weak Condition And that your Highness may clearly know his Disposition I send herewithal a Copy of part of a Letter written by him directed to the Lord Taaf Sir Nicholas Plunket and Jeffery Brown and humbly submitted to your Judgment whether those expressions be agreeable to the Temper of the Apostolical Spirit and considering whose Person and Authority I represent what ought to be the Reward of such a Crime I must therefore desire your Highness in the King my Master's behalf that he may not be countenanc'd or intrusted in any Affairs that have relation to His Majesty's Interest in this Kingdom where I have constantly endeavoured by all possible Service to deserve your Highness's good Opinion and obtaining that Favour to be a most faithful Acknowledger of it in the Capacity and under the Title of Your Highness's Most Humble and Obliged Servant CLANRICKARD Athenree 20th Octob. 1651. These Letters were as pat to the Duk 's purpose as could be for it justified him in not sending Succours until there should be a New and more Authentick * Null is suppetias missurus antequam alius tractatus concluderetur Vindiciae Eversae 139. Treaty and it also justified his Answer not to Treat any farther with the Agents without his Majesty's †Progredi in tractatu noluit donec de regis voluntate constaret Ibid. Approbation Which being made known to his Majesty he sent the Lord Goring with Letters of the 6th of February from Paris to thank his Highness for refusing farther Treaty with the Irish Agents and to propose to enter into a new Treaty with him about the Relief of Ireland but the Duke by this time had finished his Intrigue at Rome and therefore gave a very short answer That his Majesty had nothing in Ireland to treat for The Year 1651 1651. could not well be otherwise than successful for on the one side the Irish were distracted and divided and on the other side the English Army was rendered Immortal by those constant and seasonable Supplies both of Men and Necessaries that were sent them from England so that notwithstanding their frequent Expeditions
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
Sir Edward Deering Sir Edward Smith William Coventry Esq in whose stead came Sir Allen Brodrick Sir Winston Churchill and Collonel Cook Sat at the Kings Inus â—â—â—ral times but did not hear Causes till the 13 th of February because the Irish would not venture a Tryal until they had prepar'd Deeds Witnesses and other Conveniences and then in that Month the Commissioners declared thirty-eight Innocent and seven Nocent and in March adjudged fifty-three Innocent and seven Nocent and in April Voted Seventy-seven Innocent and five Nocent and in the remaining Months they decided Six hundred and thirty Claims to the great Loss and Disatisfaction of the Protestants In the Year 1663. Alexander Jepson Mr. Blood Collonel Abbot Major Warren and several others had formed a Plot to seize on the Castle of Dublin on the 21 th of May but the Lord Lieutenant had notice of it from the Earl of Orrery and others and so it was prevented and a Proclamation issued against the Conspirators in General on the 21 st of May and against several of them by Name on the 23 d of May and on the same day the Lord Lieutenant and Council gave an account of it to the Secretary of State and his Excellency Prorogued the Irish Parliament till the 21 st of July and so from time to time until the 26 th of October 1665. and then they Sat and by publick Declaration manifested their Abhorrence of that Plot. Hereupon all the People both Protestants and Papists were disarmed throughout the Kingdom some few only excepted in whom the Government could confide Nevertheless because several Dissenters refused to joyn in the late Plot the Lord Lieutenant on the 29 th of June continued the Indulgence to them until Christmas following And on the 31 st of July 1663. the Lord-Lieutenant and Council upon receipt of His Majesty's Letter in favour of the Lord of Antrim did by their Letter of that date signifie to His Majesty That the Marquess of Antrim did oppose both Peaces of 46 and 48 and did say in open Assembly That not a Man should go out of Vlster when the King expected 10000 out of Ireland And if this Letter takes place in so extraordinary manner it will infringe the Act of Settlement which is the fundamental Security and will hinder Reprisals for such as by Declaration the King is obliged to provide for And in April following His Excellency went for England and left his Son the Earl of Ossory Lord Deputy And about this time the Irish taking advantage of the mad Plot of Jepson 1664. c. aspers'd the English with disloyalty and cry'd up themselves for the only Loyal Subjects and they proceeded so far as to impeach Capt. Knight and Lieut. Salisbury of words which amounted to Treason in Judge Stockden's Opinion but upon strict Examination of the matter the Witnesses were found to faulter and afterwards confessed they were Suborn'd and begg'd Pardon In the beginning of September the Lord Lieutenant returned to Ireland 1665. He landed at Waterford and brought over with him the new Bill of Settlement afterwards called The Act of Explanation which passed into a Statute on the 15th of December and soon after his coming over he raised a Protestant Militia in Ireland and distributed 20000 Arms amongst them And it was this year that Pope Alexander VII issued his Bull to absolve the Irish from the Excommunication of the Nuntio in forma Ecclesiae consueta P. W. Epist to his Remonst xxxii that is as P. W. explains it upon their doing publick Penance for having returned but only so nigh their Obedience to their King as a bare Cessation of Arms in order to preserve His Majesty's Interest when their own could not subsist without it did amount unto On the 16th of December the Lord-Lieutenant did acquaint the Parliament with the great Preparations in France and Holland for War both by Sea and Land so that there was great danger of an Invasion whereupon the Commons voted Thanks to His Grace for the Advertisement and that they would stand by His Majesty with their Lives and Estates and would be assistant to His Grace against all the King's Enemies and to help bear the Expence of the War gave eight entire Subsidies and on the 30th of March they gave four more And indeed it was time to prepare for Defence P. W. Remonst 570. for P. W. assures us the Irish were tampering with France to back their Insurrection by an Invasion In May 1666. 1666. some Corporals and Soldiers of five Companies at Carrickfergus to the number of 200 seized on the King's Money in the hands of his Receiver and possessed themselves of the Gates and capitulated with the Earl of Donegall the Governour and refused to obey him but chose Corporal Dillon to be their Chief and Mann'd the Walls May 25th The Earl of Arran with four Companies of Guards went by Sea in the Dartmouth Frigat to Carrickfergus and arrived there the Sunday after The Mutineers desired time till afternoon to consider designing in the mean time to get Provisions into the Castle but Arran admitting no delay charged one way as Sir William Flower did another and forced the Mutineers into the Castle with the slaughter of Dillon and two of his Companions and the loss of two of the Earl of Arran's Soldiers and the next day in the afternoon the Lord-Lieutenant arrived with the Horse-Guards and then they surrendred at Mercy And this being a time when there was open War with France and Holland and an Invasion expected from France the Mutineers were try'd by Martial Law and ten of them condemned to die and the rest to be transported but upon their submission these last were all pardon'd On the 11th of June the Popish Clergy met in a sort of Convocation or National Synod in Dublin by connivance of the Lord-Lieutenant pursuant to His Majesty's Order and it was expected from them that they would have asked Pardon for the Rebellion in 1641. and have given the King new assurance of their Allegiance by taking an Oath to that purpose framed by their own Procurator Peter Welsh and called P. W. 10. The Loyal Formulary or The Irish Remonstrance But they were so far from doing so that one of their Bishops said They knew no Crime they were guilty of and therefore needed no Pardon and they not only refused to take the aforesaid Oath but prevailed with many that had subscribed that Remonstrance to withdraw their Subscriptions and to renounce that Oath But this matter as it is the greatest Demonstration of what sort of Allegiance the Popish Clergy of Ireland would pay to a Protestant King so it is well worthy of a Treatise by it self something more concise than that prolix else incomparable History which P. W. has afforded it But the Secret of this Affair was deeper than P. W. imagined for the Irish were then ready for a Rebellion and every day expected an Invasion from
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
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
Bryan mac William Farral John mac Edmond Farral John Farral Roger mac Bryne Farral Barnaby Farral James mac Teig Faral his Mark. Morgan mac Carbry Farral Donough mac Carbry Farral Richard mac Conel Farral William mac James Farral James Farral Taghna mac Rory Farral Cormack mac Rory Farral Conock mac Bryne Farral Readagh mac Lisagh Farral Connor oge mac Connor Farral Edmond mac Connor Farral Cahel mac Bryne Farral Appendix IV. A Letter from the Lords Justices and Council to King Charles the First to prevent a Peace with the Irish May it please your Most Excellent Majesty WE your Majesties Justices on the 30 th of January last Receiv'd your Majesties Letter of the 11 th of the same We being then in Council at this Board which Letters we then immediately communicated to the Council as we always do in all matters of Importance concerning your Majesties Affairs here By those Letters your Majesty declared that you had sent a Commission to our very good Lord the Lord Marquess of Ormond and others Authorizing them to receive in Writing what the Petitioners Catholicks of Ireland mentioned in those Letters would say or propound and to return the same to your Majesty And by the same Letters your Majesty Commanded us your Justices to give those Commissioners our best assistance and furtherance as there shall be occasion wherein as in all things else we have always done and shall ever do we shall most readily obey your Majesties Royal Commands with all humble Duty and Submission having nothing more in our Care and Endeavours in these perplexed times than to advance your Service and to preserve your Soveraign Rights and Interests here where so dangerous Attempts have of late been made against them by so Aniversal a Conspiracy of the Papists of this Kingdom We do with much Joy of heart Comfort our selves to see your Majesties gracious inclination to hear your Subjects whatsoever they be in themselves and as therein we behold your goodness so we to whose Care and Circumspection your Majesty hath committed the great Trust of this your Kingdom cannot but esteem it a great breach of Duty and Faith in us to be silent in such things as may give light in this important business and which cannot come to your Majesties knowledge but by your Ministers These Petitioners do affirm That they had recourse to Arms for Preservation of your Royal Rights and Prerogatives which if it were true we should be subject to the full Tax of Treachery if we should not with all Zeal and hearty Affection have joined with them And if that had been the true ground of their entring into quarrel with us it should cost little Mony or Blood to the Kingdom of England to reconcile us They well know that before this Rebellion in the Parliament held here and formerly we opposed them several times where we found them vehemently labour to abridge those Prerogatives and antient Rights of the Crown here and to derogate from your Royal Authority in many Parts thereof as by particulars will appear But we must upon full observation of their Courses and Actions since the First breaking out of this unnatural Rebellion unfeignedly affirm That they do but take up this for an excuse of their most odious breach of Faith and Duty to your Most Sacred Majesty their inward intent being as since hath appeared to deprive your Majesty of all those Prerogatives they spake of and even of your Crown and Kingdom resolving also to destroy and extirpate out of this Island as well the true Protestant Religion as also your Majesties most Loyal Brittish Subjects whom they hate chiefly because they Religiously love your Majesty and your Children and in that love were such leaders of them in all their late seeming Acts of Bounty and Duty towards your Majesty as without shameful bewraying their evil hearts they could not shun the same whereat they often shewed much reluctancy as appeared in reducing the subsidies and other things In Vlster where the Rebellion first broke forth it is testified upon Oath by a Gentleman that was a Prisoner amongst the Rebels that he heard one of the Rebels a man of Note amongst them say That if he had your Majesty where he than spake that he would flea you quick but they would have the Kingdom and their will of you Others there said that they had a King of their own in Ireland Others said that they would have an Irish King and regarded not King Charles the King of England Others that they had a new King and had Commission from him for what they did Others that Sir Phelim O Neal should be their King and that they would give a great sum of Mony to have King Charles his Head these Speeches were uttered in several Counties in that Province and by several Parties also those in Vlster devis'd false Prophesies and dispers'd and publish'd them and amongst others things so devis'd by them one Prophesie is said to be that Tyrone or Sir Phelim O Neal should drive your Majesty with your whole Posterity out of England and that You and your Posterity shall be hereafter Profugi in terra aliena in aeternum to which Phelim O Neal Regal Attributes have been given by some of the Rebels and he hath written in a Regal Stile and did Seal Letters with a Seal whereon there was a Regal Crown which we have seen When the Rebellious Lords and Gentry of the Pale and Leinster and after them those of Munster and Conaugh and the Irish in Leinster rose in Rebellion who appeared not in Arms until those in the Pale brake out those in the Pale declared to Assault your Majesties Castle and City of Dublin where reside your Officers of State and where are the Ensigns and Ornaments of your Royal Authority and Soveraignty here and all the Records of your Revenues and Interest which they purposed to Seize and by holding that Place to take away the means for arrival of English here other than by main force to which intent they Assembled in great numbers near this City within two or three Miles round about it having then also strongly Besieg'd your Majesties Port Town of Droghe da as a step to the gaining of this City presuming all this while that no succour should come out of England and all this done not only by the barbarous Rebels of Vlster but also by the degenerate ungrateful Lords and Gentry of the Pale and when by Gods blessing and your Majesties tender care of the remanant of your poor People left yet undestroyed in sending Forces hither we were enabled by your Majesties Forces to beat off those Multitudes and to raise the Siege of Drogheda then as well the Old English as the Irish all Papists and now Rebels which drew themselves farther off and finding that they had not so ready a way to rent the Kingdom out of your Majesties hands as they at first supposed they then found it necessary to fall
to new Consultations how yet to bring their wicked ends and contrivances to full effect making the Seats of their Assembly at the City of Kilkenny there with full advice of their Titular Clergy and Popish Lawyers Without any Authority derived from your Majesty they call a Parliament which being Assembled they turned into a National Assembly utterly strange to the Laws of England and Ireland and to your Majesties Royal Prerogative which they falsely pretend to maintain there they Enacted That no other Temporal Government or Jurisdiction shall be Assumed Kept or Exercised in this Kingdom save what shall be approved by the General Assembly or Supream Council There they set up a new Form of Government utterly opposite to the Laws of England and Ireland and your Royal Authority Ordering a Council for Governing in each County a Council in each Province and a Council for the Kingdom by the Name of The Supream Council of the Confederate Catholicks to be held at Kilkenny or elsewhere they appoint These Councils are to be the ordinary Judicatories to hear and determine all Causes as well touching Life and Member as amply as your Majesties Judges of Oyer and Terminer and Goal-delivery could do and accordingly they give Judgment of Death by Votes against your British Subjects whom otherwise also they Hang and Execute by Warrants of their Commanders and others without Process or other proceedings as also to Hear and Determin all Causes for Goods Chattels and Interests and to establish Rents and Possessions as if a right of Conquest were already vested in them And they Ordain that all Persons of all professions and degrees shall obey their Orders there they establish the Romish Clergy in all the Possessions of the Church throughout the Kingdom and appoint an Oath of Association to be taken in all the Parishes of the Realm there they form Armies and Commanders of all sorts to resist your Majesties Forces and if they may to perfect their intended Conquest of this your Kingdom They appoint Sheriffs Coroners Constables and other Officers in each County to execute their Orders they in some parts have caused their Captains Officers and others to take Oath before their Titular Clergy that they shall not suffer any English or Protestant to live in this Kingdom or bear any Office no not so much as a petty Constable they by their Popish Clergy sollicited with all industry and travel powerful Aids from Foreign parts to Assist them in this Conquest whereby they seem to disclaim all dependance on your Majesty either for Favour or Justice They did set up the Spanish Colours publickly at Wexford amongst the Old English but Papists and Captain Ashly as we are credibly informed did testifie that they had done the like at Gallaway They by the crafty delusion of the Popish Clergy and the contracted hatred of the Papists against the British and Protestants had got into their Possession the most part of the Sea Ports out of which they have murdered or expulsed the English and Protestants which Ports they use as Inlets to all their foreign Supplies having also devised to have Admirals and other Officers at Sea to the End to become Masters of these Seas to your Majesties disherison and prejudice Whether these Expressions and Actions being but a few gathered out of many which we know of them either considered in the barbarous Irish or your better educated Old English or both be natural Streams issuing from a Fountain of real Intention to preserve and maintain your Royal Rights and Prerogative we submit to any equal Judgment In their Petition they say that their Adversaries have misrepresented their Addresses to your Majesty your Majesty may be pleased to remember that we certified thither that their Petition came not hither till the Seventh of August last which we soon after sent thither they having spent all the preceding Winter and the then succeeding Summer in their Courses of Rebellion whilst they had hopes all that time by force to carry the Cause never in all that time making Application in that Nature either to your Majesties Army or your Majesties Ministers that we could hear of until they found your Majesties Forces so to spread and prevail against them as put them in great fear then they betook themselves to the way of Petition having formerly most contemptibly despised and disobeyed your Majesties Proclamation under your own Royal Signature and Privy signet commanding them to lay down Arms then presuming by the Old Irish shift of feigned Profession of Subjection to abuse your Majesties boundless Mercy as their Ancestors had done the Royal Clemency of many of your famous Predecessors in several Ages to the continual Disquiet fruitless Expence and as it fell out dishonour of themselves and their Subjects of England whereof Records and Histories are full And as to their Addresses by Read then a Rebel with them it is most fraudulently alledged for although it be true that in December 1641. a few of the Rebelli ous Noblemen and Gentry of the Pale framed a Petition and delivered it to Read seeming to intend to send him away with it to your Majesty yet he tarried with them unsent until March after at which Time after the Siege of Drogheda raised and that he could no longer live in those parts he rendered himself to the Lord Marquess of Ormond in the Field not coming as a Messenger from them in any such kind and in his Examination he declares that after he had received that Petition he demanded of them several Times when he should be sent away to which they only answered there would be time enough for that they then making account to carry all before them by strength of Arms. And as to their Charge against their Adversaries if thereby they mean us we do unanimously and in all Truth deny our selves to be their Adversaries farther than they are so to your Majesty your Crown and Royal Estate as they are of which their present Condition we are so well assured as we cannot without base Disloyalty shew our selves to them in that behalf other than Adversaries and it cannot be justified or made appear that ever we or any of us have had Contentions with or heart burning against any of them in respect of any our private Interest or Intercourse but have always treated them before this Rebellion as our Friends and your Majesties Loyal Subjects as we then took them to be And where they asperse those Adversaries with the Crime of Bloud committed on their Wives and Children We cannot deny but that in the Course of the War forced by them upon us for our own necessary Defence and for the Preservation of this your State and Kingdom some of their Blood hath been shed by your Majesties Army in Fights with them which we wish they had drawn upon themselves but if they look back upon their own Beginning and proceding in this horrid Rebellion they shall find themselves heavily loaden with the crying
here These things most Dread Sovereign are of so great and important consideration towards securing the future Peace and Safety of your Sacred Majesty your Royal Posterity your Kingdoms and good Subjects as we could not without breach of Faith and Loyalty to your Majesty forbear thus truly and plainly to represent them and howsoever the Rebels are pleased unjustly to traduce and calumniate us and our proceedings without any cause given on our parts other then our Faithfulness to you our most Dear and Gracious Lord and Master which Reproaches from them we are content for your sake to bear as we are ready to Sacrifice our Lives for you Yet we humbly beseech your Majesty to give us leave with the freedom of Faithful Servants to affirm to your Majesty in the presence of God to whom and to your Majesty we are accountable for uprightness in all our Councils and Actions that we fall upon no Expressions herein out of any hatred to the Persons of them or any of them or out of any sinister ends of advantage to our selves but only out of necessary duty to God and to your Majesty for whom we hope God hath reserved the high honour of that great work of full settlement and reformation of this your Kingdom to which none of your Royal Ancestors could attain although your Royal Father King James of Blessed memory made a fair entrance towards it by a sweet and peaceable way which glorious beginning of his the Rebels have quite overturned and defac'd And now having clearly and in zealous duty laid open our hearts to your Royal Majesty we in all humility submit and intirely depend on your Majesties Commands whether for Peace or War and shall with all fervency imploy our Bodies and Minds to execute whatsoever you shall in your high Wisdom prescribe humbly beseeching the Almighty Guider of all Humane Councils to grant you his Divine Assistance from the Wisdom which is ever about his Throne And so we humbly remain from your Majesties Castle of Dublin the 16th day of March 1642. Your Majesties most Loyal and most Faithful Subjects and Servants William Parsons Jo. Borlace La. Dublin Cha. Lambart Ad. Loftus Ge. Shurley Ger. Lowther J. Temple Tho. Rotheram Rob. Meredith Appendix V. An Abridgement of the Irish Remonstrance of Grievances THAT they being necessitated to take Arms for the Preservation of their Religion the Maintenance of His Majesties Rights and Prerogatives the natural and just Defence of their own Lives and Estates and the Liberties of their Country have often attempted to present their humble Complaints to His Majesty but were prevented therein by the Power and Vigilancy of the Lords Justices c. Who by the Assistance of the Malignant party now in Rebellion in England the better to accomplish the Extirpation of their Religion and Nation have hindred their Access to the Kings Justice which might have prevented much mischief and having notice now of a Commission to hear their Proposals in which are these words albeit we do extreamly detest the odious Rebellion which the Recusants of Ireland have without Ground or Colour raised against us our Crown and Dignity they conceive them to have proceeded from the misrepresentation of their Enemies and do protest they have been therein traduced to the King for that they never entertained any Rebellious thought against His Majesty his Crown or Dignity but are his faithful Loyal Subjects and desire to be owned so and as such they present the ensuing Grievances and Causes of the then present Distempers 1. That the Catholicks whom neither Reward nor Persecution could tempt from their Religion these 1300 Years are by the Statute of 2 Eliz. made incapable of Places of Honour or Trust their Nobles are become contemptible their Gentry debar'd from Learning in the Universities or Publick Schools and their younger Brothers for want of imployment are forced to live in Ignorance and Contempt at home or to their great discomfort and impoverishing of the Country to seek Education and Fortune abroad Misfortunes made incident to the Catholicks only their Number Quality and Loyalty considered of all the Nations in Christendom 2. That Men of mean Condition and Quality for the most part were placed in all Offices of Trust and Honour who being to begin a Fortune built it on the Ruines of the Catholicks and to ingratiate themselves scandalized the Papists and rendered them suspected and odious in England whereby arose the Opposition to the Graces promised or intended to the Natives by His Majesty or his Father and the false Inquisitions on feigned Titles against many Hundred years Possession and no Travers or Petition of Right admitted thereunto nor any Bar to it except Letters Patents which when produced were also declared void so that 150 of them were avoided in one Morning so little regard was had to the great Seal which is the publick Faith of the Kingdom And the Jurors were forced even by infamous Punishments to find such Inquisitions against their Consciences 3. That the Graces granted by the King and his Father were rendered unprofitable and fruitless to the Natives by the immortal Hatred of Sir William Parsons and the impeached Judges and their Adherents so that the publick Faith involved in those Grants was violated 4. That by the many wilful and erronious Decrees in the Court of Wards the Heirs of Catholicks were cruelly dealt with destroyed in their Estates and bred in Dissolution and Ignorance their Parents debts unsatisfied their Brothers and Sisters unprovided for Mesne Tenures unregarded Conveyances for valuable consideration avoided against Law and the whole Kingdom filled with Swarms of Escheators Feodaries Pursivants e. 5. That the Catholicks have without Reluctancy or repining contributed to all the Subsidies Loans and extraordinary Grants made to His Majesty amounting to Well near One Million of Pounds over and above his Revenue and thereunto were the most forward and thereof bore nine parts of Ten yet their Adversaries by the Opportunity of their continual Addresses to His Majesty to increase their Reputation in getting in of those Moneys and their Authority in distribution thereof to His Majesties great Disservice assumed to themselves to be procurers thereof and represented the Catholicks as obistnate and refractory 6. That the Army raised here with great charge was disbanded by the pressing importunity of the Malignant Party in England because they said it was Popish and therefore not to be trusted and although that Malignant Party did invade his Majesties Prerogative and Sir William Parsons and Sir Adam Loftus did declare that an Army of Ten Thousand Scots would come to Ireland to force the Catholicks to change their Religion and that Ireland would never do well without a Rebellion to extirpate the Remainder of the Natives and though Wagers were laid at the Assizes that within a Year no Catholick should be left in Ireland and though they saw the Irish Parliament unjustly incroach'd upon by the Acts and Orders of the Parliament of
England in sending for and impeaching one of the Members then sitting and that it was declared in Print by their order that Ireland if nam'd is bound by an English Statute which is against Law and Custom for Four Hundred Years past and though they had notice of the Protestation made by the English Parliament against Catholicks and their Intention to make Laws for the extirpation of that Religion in the Three Kingdoms and had notice of the cruel and bloody Execution of Priests in England meerly for being Priests and that his Majesty had not power enough left to save one condemned Priest and that the Catholicks of England being the Parliaments own Flesh and Blood must either suffer or depart the Land and much more must the Irish being not so nearly related to them if they should once get Jurisdiction in Ireland yet all this did not prevail with the Remonstrants to take Defensive much less Offensive Arms they still expecting that His Majesty in a short time might be able to yeild them Redress 7. That the Lords Justices c. by untrue Informations and other malicious Contrivances did endeavour to hinder His Majesty from granting Graces to the Irish Committee of Parliament but not prevailing in that they endeavoured to delay and stop them and by misconstruction and misrepresentations of the Irish Parliament endeavoured to possess His Majesty with an ill Opinion thereof and That it had not Jurisdiction in Capital Causes thereby aiming at the Impunity of those Impeached and the Destruction of the Parliament to which that power is essential and that the Lords Justices and their Adherents with the height of Malice envying their Union endeavour'd to sow Dissention in the Irish Parliament and to raise distinction of Nation and Religion and thereby made a Faction which to prevent the Graces passing into Acts Tumultuously cryed to Adjorn the House but being over-voted the Lords Justices said that if they did not Adjorn the Saturday themselves would Prorogue or Adjorn the Parliament on Monday by which means and the multitude of Proxies from Lords that have no Estate in Ireland which is destructive to the Liberty and freedom of Parliament here the Parliament was Adjorn'd on the 7 th of August and tho' the Graces were brought over soon after and the Committee desired the Lords Justices would give notice of them to the People to prevent misunderstanding or despair and an instrument was provided accordingly yet the Lord Justices willing to add Fuel to the Fire of the Subjects discontent did forbear to make such-Publication 8. That many Petitions containing matters Destructive to the Lives Estates and Religion of the Catholicks and directed to the House of Commons in England were promoted at publick Assizes to get hands unto them by Sir William Parsons Sir Adam Loftus Sir John Clotworthy and Arthur Hill Esq and others of the Malignant Party which were the more dreadful because of the said Clotworthy's power in the Parliament of England and his Barbarous and Inhuman expressions in that House against Catholicks and soon after an Order made by that Parliament Not to bow at the name of Jesus came to the knowledge of the Catholicks as also that the Malignant Party there did contrive and Plot to extingish the Irish Religion and Nation Hence some of them considered the deplorable condition they were in by a Statute of 2 Eliz. found amongst the Records but never executed in the Queens time nor discovered till most of the Members of that Parliament were dead which if executed no Catholick could enjoy his Life Liberty or Estate and yet nothing hindred but the Kings Prerogative which the Malignants endeavoured to destroy and then the Plot of Destruction by an Army out of Scotland and another of the Malignant Party in England must be executed the fear of these twofold Destructions and their ardent desire to assert the Prerogative Necessitated some Catholicks to take Arms in maintainance of Religion His Majesties Rights their own Lives Liberties and Estates and immediately thereupon took a solemn Oath and sent several Declarations to the Government and offered to submit to the Parliament of Ireland but the Offers were slighted and the Parliament Prorogued and a Declaration Issued on 23 October Accusing all Catholicks of Disloyalty but upon Application of Catholicks of Quality that the Prorogation was against Law and that a Session of Parliament was the only means to compose matters the Lords Justices knowing that but few would appear yielded to a short Session but limited it so that no Act of Grace or any thing for the Peoples satisfaction might pass that the few that met tho' disarm'd and not permitted a Servant and awed with Muskets presentto their Breasts yet desired leave to sit a short time to expect their fellows and to quiet the Insurrection and that the Graces might be Enacted but this was denied and instead of it a Declaration was propounded that these DISCONTENTED Gentlemen took Armâ— in Rebellious manner which was much resented by the best affected in both Houses but being informed that the Musqueteers had Order to shoot some of them at their going out they through terror gave way to that Declaration 9. However the greater part of the Catholicks and all Cities and Corporations and whole Provinces stood quiet and yet the Lords Justices knowing that many powerful Members of the English Parliament stood in opposition to his Majesty they sent their Addresses to that Parliament stuffed with Calumnies and propos'd to send over Forces to Conquer the Kingdom and they also Arm'd the Malignants in Ireland and the Catholicks even in Dublin and other Cities were not only denyed Arms for their Mony but also Disarm'd and when the Parliament had ordered a Pardon to all that should submit by a day limited Sir William Parsons contriv'd it so that it was publish'd only in two Counties and a short day prefix'd and Freeholders were therein excepted whereby it was manifest the Estates of Catholicks were first aimed at and then their Lives Moreover Sir Charles Coot was sent into Wicklow where he destroy'd Man Woman and Child that had neither Will nor Power to do hurt and others at Santry near Dublin Murdered innocent Husbandmen some whereof were Protestants mistaken for Catholicks meerly to force Fingal to Arms And tho' Complaint was made yet no Redress could be had and therefore the fear of being Murdered oblig'd the Catholicks to quit their Houses and to stand together in their own defence unprovided of Arms as they were hereupon a Proclamation issued 13 December not published till the 15 th requiring George King and others to come in and promising them Protection and another to summon the Lords of the Pale to meet at Council the 17 th But to prevent the effect of these Proclamations the same 15 th of December Sir Charles Coot was sent to burn Clantarf Mr. Kings House and use all acts of Hostility which he performed and this breach of Faith discourag'd the Lords of
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
even this was sent to the Lord Lieutenant and His Majesties Directions were prayed therein and the like was done by a Paper of Grievances sent by the Lord Mountgarret to the Earl of Ormand at the same time and in August 1642. the Remonstrants sent to the Earl of Ormond a Petition directed to His Majesty which accordingly the Lords Justices transmitted to him That the Lords Justices did endeavour to stop the spreading of the Rebellion and to reduce the Rebels to Obedience by fair means Viz. by their Proclamations of 23 d. of October and 1 st of November promising Mercy to all that should desist from force by imploying a Committee of Parliament to treat with them but they scornfully rejected the Message and contemptuously tore the Committees Letter and the Order of Parliament and by imploying Doctor Cale and some of their own Clergy to treat with them whom they likewise abused and by authorizing the Lord Moor and afterwards Sir Richard Barnwall and Patrick Barnwall to perswade them to Submission and by giving Commissions to the Lord Gormanstown and other of the Remonstrants but whilst they found Success they were deaf to all Perswasions and now that they are baffled they forge Causes of Complaint so that His Majesty is not misinformed nor the Remonstrants unjustly traduced nor misrepresented to the King To the first Article they say that it is too general and generally untrue that Popery is a New Religion midwived into the World by the Council of Trent which ended 1563 and therefore could not be professed by the Remonstrants nor their Ancestors for 1300 Years that the Irish were at first Protestants as Bishop Vsher hath proved at large and in Henry the Eight's Reign were averse to the Papal Usurpations and consented to Laws to suppress them and generally came to Church until 13 Eliz. some of them flew off upon the Bull of Piut V. and 30 Eliz. upon the Arrival of some Spaniards shipwrackt on the Coast of Ireland the Apostasie became more common however the Recâ—sancy of coming to Church was not general until about the middle of King James his Reign But however that be this is certain that the Papists were so far from being persecuted that all Laws against them were suspended and they enjoyed a Connivance little differing from a Toleration so that even their Ecclesiastical Heirarchy publickly executed their Functions and the Clergy swarmed to that Degree that Paul Harris wrote to Pope Vrban 8ht That it was as difficult to number the Friers in Dublin as to reckon the Frogs in the second Plague of Egypt That notwithstanding the Statute of 2 Eliz. there have been ten chief Judges successively and all the inferior Judges of Irish Birth and Education that the first English Judge that came over after that Statute was Sir Robert Gardiner 29 Eliz. That several Irish Papists had commands in the Queen's Army and were Governors of Counties as the Earl of Thomond Clanrickard c. And even now at the Time of the Insurrection Papists were admitted to be High Sheriffs of Counties Justices of Peace Magistrates of Corporations Marshals upon Occasion Councellors at Law Doctors of Physick Clerks Attornies and Sollicitors c. so that none go abroad but for their Improvement as the Gentry of all Countries do or to Seminaries to become Clergymen And these Popish Natives have had their share of His Majesties Favour in dispensing of Honour several of them having been made Lords Baronets and Knights and such as were capable of it by Conformity and Education were preferred in the Church and even those that were unfit for it and were Papists were nevertheless upon an external and partial Conformity only continued in their Spiritual Dignities by Queen Elizabeth notwithstanding the Statute of 2 Eliz. Their Nobility had all the respect and priviledge which good manners and the Law gives to their Quality and by the industry and improvements of their English Tenants lived more Regularly Plentifully and Gentilely than any of their Ancestors ever did or could and that the Popish Youth were never denied admittance into any Free-School nor into the University nor any Question made about their Religion only when they come to be Graduates they must then conform to the Laws of the Land and the Statutes of the Colledge and the Answerers think that the Remonstrants have small reason to complain whilst they enjoy those Liberties and Favours which are denied to the Popish Natives of England who though less in number are much superior to the Remonstrants in Quality Loyalty and Riches But if the Laws of the Land do exclude Recusants from Offices of Trust and Honour they ought to have patience till his Majesty shall think fit to consent to a Repeal of them nay if their Oppressions were without Law their proper Remedy were by Supplication and Petition to the King and not by Murther Rebellion and Depredation To the Second they say it is an aspersion on the King for the ill choice of his Officers and is so undutiful that no Person of Honour will appear in it it was devised by the Popish Clergy and the Jesuited Lawyers who are the Firebrands of these horrible Flames which have almost consumed the Kingdom and it is notoriously false for the chief Government hath been placed either in Men of Nobility or great Estate or in Men of great Merit and in a high Station none of which ever built their Fortune on the Ruine of the Kings Subjects but some of them have been undone by the unjust clamour of the Irish who never endure long any English Governor that endeavours their legal obedience to the Crown So that of One and Twenty chief Governours successively Thirty Privy Councellors Twelve chief Judges and several inferior Judges sent out of England since the Statute of 2 Eliz. not one of them left any Estate there nor were enriched by that Service and even the Earl of Strafford paid great Sums of Mony for what he bought there whereas such of the Natives of that Kingdom as were Judges have left great and visible estates whereby it will appear who built most upon the Ruines of the Natives That the Natives became suspected and odious in England not by any scandals cast upon them but by their degeneracy and frequent Rebellions whereby Ireland whilst managed by them was always in disorder and so poor that it was a continual charge to England whereas since the management of it by English the dependancy of the People is placed in the Crown Legal Properties are secured the Irish pernicious Customs abolished Civility introduced the Kingdom improved so that it was better able to give Ten Subsidies now than one in former times Trade and Commerce increased the Revenue advanced from 8000 to 85000 l. per Annum the Laws duly administred Religion propagated the Army maintained without oppressing the Subject and a Navy kept to guard the Coasts the People are grown Rich and Numerous the breed of Cattle bettered and
contribution was worth And the Subsidies were not only First proposed by the Protestants but would never have been consented to by the Papists if they had not found the number of the Protestant Members sufficient to out-vote them and therefore when several of the Protestants were absent with the new Army near Carrigfergus and upon several pretences excluded and Popish Members chosen in their Room so that the Popish Party was most numerous Then the Subsidies which before were One and Forty Thousand Pound apiece were by them reduced to Twelve Thousand Two Hundred Pound apiece whereby the forwardness they boast of sufficiently appears to be untrue And as to Proportion the Protestants besides what the Clergy contributed paid above a Third part of the whole and how it was disposed of appears by the Accounts of the Officers and very much contrary to what the Remonstrants have scandalously suggested And if they were as well devoted to the Crown as the Protestants are his Majesty would soon reap considerable profit out of so fruitful and Flourishing a Kingdom to be disposed of as he should think fit To the 6 th that there was an absolute necessity of Disbanding the new Army there being neither Victuals nor Mony left for them and the charge being too great upon the Kingdom as the Remonstrants declared in Parliament when they were moved to contribute towards it however the Lords Justices did not Disband them without his Majesties Warrant for it and they had also the Kings approbation when it was done And now the Reason is manifest why some of the Remonstrants who were engaged in the Conspiracy were so loath to have that Army disbanded viz. because they saw themselves disappointed of such a help and those Arms with a more full hand to execute their Bloody Design upon the Protestants wherein many of that Army concurred and for the same reason they opposed the Transportation of any of those Forces to Spain and the Priests disswaded the Soldiers from going else certainly they would not be backward to rid the Country of those loose Idle Men nor to assist a Catholick Prince of whom soon after they implored Aid against his Majesty But they had another use of those Soldiers in prospect and which is since executed on the Protestants to the full and their fiction that one of the Earl of Strafford's Servants had threatned to blow them up whereupon a Committee was appointed to search under the Parliament House for Powder was only a Trick to discover the Stores for when they found none there they continued their importunity to see where the Magazine was and were discontented at the denial As for the Chimera of bringing Ten Thousand Scots to force the Papists to change Religion and the Speech that Ireland would never be well without a Rebellion to the end the Natives might be Extirpated it is no wonder the Remonstrants whose thoughts were full of Extirpations which they have too fully effected should think the like designed by others but that it is incredible that the Persons named whose Estates are in Ireland and Families are setled there should disturb that Peace they have so long endeavoured to Establish or should desire a Rebellion which would be doubtfull in Success but certain in Desolation And in like manner ridiculous is the Story of Wagers the truth of which is that at the Sheriffs Table at Wexford Assizes a Protestant proposed to a Papist that he would give him Five Pounds and the other should give him Fifty Pounds for it if he did not come to Church within a Twelve Month whereat the Papist not understanding the Joke seemed surprized and protested he would not come to Church within that time why then says a Third Person you will lose the Fifty Pound for it is to be paid if you dont whereat the Jest was understood and it became matter of laughter there though it be one of the Grievances here pickt up to stuff this Remonstrance and one of the Grounds to justifie their bloody Rebellion The Position that Ireland if named is obliged by an English Parliament affects the Protestants as much as the Papists of that Kingdom however it ought to be decided by Arguments and not by Arms Nor should the Resolution of that Point be written in the Blood of so many murthered Innocents but how the Remonstrants should before their Rebellion have notice of any Intention or Protestation of the Parliament of England to introduce a Law for extirpation of Popery is very unaccountable because the Vote that did pass was subsequent to the Insurrections of the Irish and in Detestation of their inhuman Cruelties Nor in truth were the Irish afraid of any Hardships from the English who lived amongst them even with such kindness and confidence as hath proved fatal to the whole party And though now they pretend that the Priviledges of Parliament are violated by sending for a Sitting Member to answer an Impeachment in England yet when that Point was debated in the Case of Sir George Ratcliff who craved the Aid and Protection of the House then one of these Remonstrants could advise the House to take no notice of it lest any variance should arise between the two Parliaments but when the Protestant was sent over then indeed they instructed their Committee to sollice and settle that Point for the future To the seventh the readiness in His Majesty to hear their Grievances which they confess should have obliged them to Loyalty and Obedience to him and at least Neighbourlike Demeanour to his Subjects and not to scandalize His Majesty through his Ministers by false Accusations against them for the Lords Justices did neither hinder the going of the Irish Committee to England nor send any after them to cross or impede their Design nor in any Case misinform His Majesty But on the contrary when they received a Commission dated the 4 th of January 1640 to continue ptorogue or determine the Parliament as they thought fit they believing that the Parliament designed the general good of the Kingdom not only continued it but also gave it all the Countenance they could So that a Noble Peer moved in the Lord's House That it might be recorded to remain to Posterity That the Lords Justices had always ohearfully received their Requests and Messages and wers ready to comply with them and since the Remonstrants by His Majesties Order had view of all the Private Letters if they could have found any such misinformation as they complained of they would have instanced it to His Majesty and not give him Suppositions for Gertainties And as to the Power of Judicature of the House of Lords in Cases Capital His Majesty wrote to know whether there were any Presidents of it and the Lords Justices having consulted the Upper House returned a true Answer that none were to be found nor do the Remonstrants regard that Power but at that Juncture their party being prevalent they thought they had an Opportunity to get
rid of some of His Majesties English Judges and Officers whom they cannot endure to bear rule over them though they saw the Kingdom prospered above any former Times under their Labour and Travel And it is untrue that the Protestants did envy the good Union of both Houses on the contrary they laboured to cherish and confirm it but if any Protestant opposed the Remonstrants upon any point how reasonable soever they presently clamour that it is done out of Malice against them and the Nation which is an unjust Obloquy and though the Pupists made daily Cabals yet the Protestant Members never had but one private Meeting and that without the Lords Justices knowledge and at that Meeting there were some Papists and the Design of it was to prevent an Impeachment intended by some of the Irish against those that were concerned in the Grand Inquisition of the Kings Title to Conaugth the Plantation of which Province with English the Natives abhorred as that which would have frustrated all their Evil Designs And as to the Session of the 11 th of May 1641 it continued very long viz. to the 7 th of August and was unprofitably spent in Protestations Declarations Votes upon Queries the Stay of Soldiers from going over Seas and private Petitions and it is untrue that there was any Certainty of the Committees being at the Water-side at the Time of Adjornment so on the 14 th of July the Lords Justices sent to both Houses to consider of a Time of Adjornment because the Harvest was approaching and the House was thin and on the 30 th of July the Commons desired the Adjornment might be delayed till the 7 th of August and on the 2 d. of August the Lords licensed the Judges to go their Circuits and the same Day the Commons desired the Adjornment might be from the 7 th of August to the 9 th of November to which the Lords agreed and on the 5 th of August a Committee of both Houses attended the Lords Justices with notice thereof and they consented thereunto by Order to be entred in the Houses as by their consent On the 6 th of August there arrived the Earl of Roscomon with a Letter from the Committee importing that they were busie about their Dispatch at London whereupon the Lords sent to the Commons that they continued their Opinion for the Adjornment and accordingly they did adjourn the next Day so that there is no Ground for the Calumny on the Lords Justices that they threatned to prorogue them or purposed to prevent the passing the Graces not then arrived into Acts. But those Remonstrants having broken Faith with His Majesty and all his faithful Subjects do take liberty to asperse his Governors and well affected Officers whom they desire for ill Ends to make odious to the People Lastly They close this Article with an Untruth for the Lords Justices did immediatly after the Arrival of the Committee write to all the Ports of the Kingdom with Briefs of the Graces concerning matters of Customs commanding the Officers to obey those Directions they also published Proclamations for transporting Wool and what Customs were payable for the same They sent Warrants for free Entries of Tobacco and what Customs were payable for it they gave Order for a Bill to be drawn for a Repeal of the preamble of the Act of Subsidies they also desired Sir James Mongomery and Sir William Cole to give notice to the Undertakers of Vlster of the Graces intended to them and they had formerly sent over the Bill for a General pardon and most of the rest of the Graces were to be executed in Dublin and respected the Regulation of the Courts there for which the Approaching Term was the proper Season But the Remonstrants had not patience to expect that but resolved to be their own Carvers and dispose of the King's Revenue and the Protestants Estates as they thought fit As to the Eighth Article the prodigious Tale of the Petition is untrue And but that these Remonstrants care not what Detractions how untrue and improbable soever they print or publish against those they hate they would not have averred this Story without producing a Copy of a Petition signed by so many Thousands but the Truth is the four Persous named had no hand in any Petition but there was indeed a Petition which reflected more upon the Protestant than the Popish Clergy but as soon as the Lords Justices had notice of it they got the Original into the Clerk of the Councils Office where it still lies What Sir John Clotworthy did or said in the Parliament of England was not known to the Protestants of Ireland nor is it material nor do they believe that any thing was then moved plotted or contrived against the Remonstrants or that the English Parliament resolved any destructive Course against them till after the Rebellion begun though the Remonstrants by confounding Times would use it as a Cover for their inhuman Perpetrations As for the Statute of 2 Eliz. the Remonstrants find fault with it because by repealing by Queen Mary's Act of Repeal it revives the necessary Statutes made by Henry 8 th against Papal Incroachments and Usurpations without which the Papists being dissolved from their dependence on the King's Auchority in matters Ecclesiastical would transfer that half of his Sovereignty to the Pope who might discharge their Allegiance in civil Causes as he hath often done here and elsewhere for as to the Penal part that Statute mitigates the Crime of Advancing foreign Jurisdiction which being Treason before is by that Act not made Treason till the third Offence after two Convictions and as to that part of the Statute about Officers and suers of Livery to take the Oath of Supremacy they have found so many Instances of His Majesties indulgence to them in that particular that it is ingratitude in them to complain And if they mean the second Chapter of secundo Eliz. it is answered that what Noise soever that Statute hath made yet it hath done very little Execution but the Complaint as if those Statutes were forged or had lain dormant till most of the Members of that Parliament were dead is of all other the most shameless for those Statutes were published in print with the rest Anno 16 Eliz. and were soon after too sparingly indeed put in Execution as appears by the Records but 't is true the second Chapter could not be executed because the Papists universally came to Church till of later Days and the Name of Recusant was not then known But afterwards when Popery became more bold and dangerous that Act was sometimes put in Execution but without danger to any Man's Life or Estate for the Penalty was but Nine Pence a Sunday and the Laws in England against Popery are very much more severe and yet upon this slender Ground and the vile Fiction of sending 10000 Scots which was never thought of till long after the Rebellion broke out do these
Remonstrants pretend to justify their Insurrection which nevertheless themselves in their Declaration in Parliament the 16 th of November 1641. have confessed to be traiterous and rebellions and at the same time pretended an Abhorrence of the abominable Murthers and Outrages of the Rebels which now they palliate as a forced taking up of Arms in their own own Defence by discontented Gentlemen Neither was that Declaration forced from them but passed in due course and order and at their own request tho' some of them would have couch'd it in softer terms for fear the Rebels might recriminate but they were outvoted without either violence or threatnings as is most falsly suggested Neither is it true that the Northern Rebels ever sent any Address to the State except the presumptuous Proposition from those of Cavan which was favourably received as hath been already related but it is wisely done of the Remonstrants to pass slightly over the Massacre in Vlster since it is not possible to justifie that barbarous Cruelty In the Proclamation of the 23 of October there is no mention of the Proroguing the Parliament and because some of the Pale did quarrel at the words Irish Papists as if themselves were included therein the Lords Justices issued a Second Proclamation to satisfie them in that Point and tho' there was a necessity of Proroguing the Parliament to avoid concourse to Dublin in that dangerous time yet it was not done without the Kings special Warrant for it who design'd that the Lord Lieutenant should be present at the Session and tho' the Kings Order was to Prorogue it to the latter end of February yet to comply with the Importunity of some of the Remonstrants who were then thought Faithful to the Government the Members were permitted to meet the 9 th of November and Adjorn'd to the 16 th and then Sat two days and shortned the Prorogation to the 11 th of January and tho' in that short Session and that troublesome time it was impossible to pass any of the Graces into Acts yet the Lords Justices did then acquaint the Houses That His Majesty would not depart from any of his former favours promised to them for setling their Estates to such as should remain faithful and Loyal That as to Armed men it was no other than hath been in all Parliaments there before and since viz. the Garrison of the Castle of Dublin in which the Parliament sits always makes a Guard for the Chief Governor and Members of Parliament but neither used Threats committed Violence or presented their Musquets as is unsincerly and untruly suggested nor could the Remonstrants apprehend any danger from this mark of respect shewn them by the Guard if their own inward Guilt had not begat Jealousies in them of what others never thought of for if the Lords Justices would have seiz'd the Persons of some of the Remonstrants upon just Suspitions and violent Presumptions what hindred them certainly nothing but a hopes by mildness and good usage to settle and fix their staggering Loyalty And it is strange that the Remonstrants pretend that any part of the Kingdom was quiet when it appears by Mac Mahon's Examination that the Conspiracy was universal and that the great Towns and Cities would revolt as soon after they did except where the Protestant Inhabitants or his Majesties Soldiers were too strong for them and Collonel Plunket aver'd That all the Catholick Lords had contracted under their hands to joyn in this Insurrection which indefinite expression must be understood to intend all those that did afterwards unite with the Rebels which were indeed all but a very few and he wrote to the Lord Abbot of Melifont that he had been a means to incite the Lords and Gentlemen of the Pale to appear in the blessed Cause then in hand and would use his endeavours night and day ad majorem Dei gloriam And it is to be observ'd that the Collonels John Barry Taaf Garret Barry and Porter who had Warrants to transport four Regiments and were therein Assisted by the Lords Justices did upon several pretences defer it till the 23 d. of October and soon after Garret Barret and his whole Regiment and most of the rest of the Soldiers went into Rebellion and if we add the general discourse amongst the Rebels in Vlster on the 23 d. and 24 th of October exfressing to the plunder'd English an assurance that Dublin was taken and the like mutterings in Munster and Conaught and the antecedent Threats of a general Rebellion and their Consultations at Multifernam mentioned in Doctor Jones his Examination it will be manifest that the Conspiracy was general and premeditated But the Remonstrants suggest that the Lords Justices applied themselves to such powerful Members of Parliament as opposed his Majesty which is like the rest for at that time the King was in Scotland and there was no difference between his Majesty and the Parliament except in relation to the Earl of Strafford whom the Remonstrants most violently prosecuted besides the Lords Justices did not sent to the Parliament at first but on the 25 th of October sent one Express to the King and another to the Lord Lieutenant according to his Majesties former Orders and seeing themselves by the generality of the Rebellion necessitated to invoke all Powers that could Assist them they did on the 5 th of November and not before write to the Privy Council and to the Speakers of both Houses and they sent Duplicates of those dispatches to his Majesty the very same day And tho' it was the highest reason that could be that the Lords Justices should first Arm the Protestant Subjects whom they might confidein for the defence of their own Lives and the Government yet they did also issue Arms to such Papists as they had any hope of and particularly 1700 Arms to those of the Pale some of which were recovered again but most of them were perfidiously made use of against the State neither were the Catholick Inhabitants of Dublin Disarm'd until those of the Pale had declared themselves in Rebellion and then their Alliance and Correspondence with the others made that Action necessary Arms were likewise sent to Wexford Waterford and Trim and Letters of Encouragement to those places and to Gallway The Order of Parliament to Pardon the Irish was publish'd in Print the 12 th of November and dispersed into all parts of the Kingdom but without any more effect than the Lords Justices Proclamation of Pardon of the 30 th of October met with and the Lords Justices Proclamation of the First of November to Pardon those of the Counties of Louth Westmeath Meath and Longford except Freeholders and Murderers was drawn by Mr. Nicholas Plunket and other Members of Parliament and thereupon some few submitted but never restor'd what they had plunder'd from the Protestants but soon after Apostatiz'd into Rebellion again neither did they shew any more respect to his Majesties own Proclamation under his Royal Signet nor
indeed had they any inclination to submit until they were baffled before Drogheda and his Majesties Army was Master of the Field why then should the Lords Justices who every day expected the Lord Lieutenant and had no Order to Pardon Murthers prostitute his Majesties mercy to those obstinate Rebels that did despise and affront it However as they were far from aiming at the Rebels Estates so they gave them demonstration of their Moderation and Indulgence even to a fault in their favours to the Earl of Westmeath Sir Morgan Cavenagh Sir Luke Fitz Girald Sir Robert Harpoole and O Farrell Sheriff of the County of Longford But with what Face can they complain of Sir Charles Coot's March to Wicklow to relieve that Castle Besieged by the Rebels since that was not till the 27 th of November before which time all the County was in open Rebellion and all the Englisb plunder'd and all the Castles and Towns surpriz'd two only excepted neither did he execute but one Woman who had some of the plunder'd goods about her and thirteen Men notoriously Guilty and what else were slain were killed in Battle and it is a wonder the Gentry of the Pale can so far forget their Birth as to express a concern for those antient Tories and old Enemies of Wicklow whose Incursions into the Pale were in a great measure prevented by this March certainly there would be no concern in this Case if it were not for the Confederacy And as to the Affair of Santry which the Remonstrants would Insinuate was sufficient to raise a whole County in Six hours that in six Weeks before could not raise Sixty men to serve the King or prevent the murder of Derrick Hubbert and other Protestants it was nakedly thus A Lieutenant without any Orders on the 5 th of December went out with Forty men upon information that some of the Murtherers of Hubbert were at Santry and finding there Four strangers with Arms newly come thither he slew them and went in farther search of the rest he expected to find thereabouts and he still affirms that these Four were Rebels tho' others say that one of them was a Protestant but at worst it was but an unlucky mistake and no cause of a general Rebellion especially since the Lords Justices on the 13 th of December sent them a true account of the matter Moreover Luke Netervills Summons and his Listing and Arraying of Soldiers was before this accident at Santry and it was impossible for Twelve hundred of them to meet in the posture they did on the 7 th of December at Swords if there had not been provision made beforehand for it however on the 9 th the Lords Justices sent them a civil Message to depart and Protection for Seven of them to come to them to Dublin but they kept the Messenger that night and sent a Mutinous Letter next morning demanding security of their Lives c. which being granted they despised and continued in that Seditious manner Robbing and Spoiling the Protestants until the 10 th destroying the Country and threatning even Dublin it self and in order to straiten the City they sent Parties to Clantarf Finglass and Santry at Clantarf they Robbed and Spoiled two English Barques and threatned to burn all the Vessels in the Harbour and the owner of the Town George King was in the Rebels Camp at Swords so that it was of absolute necessity to dislodge them thence and accordingly the 15 th of December Sir Charles Coot did defeat the Rebels and recovered some of the plundered Goods and burned the Village and on the 22 th of December the Rebels were likewise beaten from Finglass and Santry That the Lords Justices by their dispatch to the Parliament did suggest their Fears that the Massacre was design'd against the old English and that therefore the old English and even Irish that continued Loyal should be encouraged to raise Men in defence of the Kingdom by promises of Honourable Reward and by their Letter of the 2 d. of December they did Invite the Lords of the Pale to Dublin to consult of the best means to stop the Rebellion So far were they from putting any necessity upon those of the Pale to be Rebels themselves and what answer those Lords gave and what was done thereupon is mentioned at large in this History That Sir James Dillon who gathered near Two Thousand Men under pretence of carrying them to Spain and had at his own Request received Fifty Arms from the Government for his defence not only refused to suppress the Rebels of the County of Longford but also joyned with them himself and made use of his Majesties Arms against those that lent them to him Dundalk and a Foot Company in it Surrendered upon the First Summons and Drogheda had done the like if the Lord Moor had not prevented it and on the 10 th of November the Lord of Louth delivered up his Commission to Govern that County and soon after went into Rebellion The County of Wicklow broke out the 12 th of November as Wexford and Caterlagh did on the 21 th and the Country of Louth on the 24 th and Meath about the same time so that they were all engaged before any thing happened either at Clantarf or at Santry And as to Lieutenant Colonel Read it is true Three Lords and Four Gentlemen did joyn in a Petition in the beginning of January and did pretend to send Read with it to the King but though he pressed to be dispatched yet they delayed it Three Months expecting the success of the Siege of Tredagh which proving unfortunate to them Read was taken Prisoner and was not without president Racked for the discovery of things so highly conducing to the safety of a Kingdom To the Tenth the Lords Justices did never give any such direction to the Lord President of Munster as is untruly suggested much less would they do it whilst the Province was quiet the Peace whereof they sought by all means to provide for Neither would he have obeyed any such unrighteous and half Command himself being a Native of that Kingdom and allyed to the Old English and Irish and in all things lovingly affected to the People as long as they could be contained in their duty neither was he provided with Necessaries to begin a War nor would ever have entred into it if the Irish had not been the Aggressors On the contrary he constantly gave the Lords Justices notice of the Quiet condition of his Province and particularly of the Loyal Disposition of the Lord of Muskry who by reiterated Oaths had sworn to continue therein so that the Lords Justices sent particular Letters of Thanks and Encouragement to that Lord to whom the President likewise gave some Arms and there were Commissions of Government and Martial Law sent to the Natives of that Province as well as to those of the Pale The Leinster Rebels invaded the County of Waterford the beginning of December and though when
the President Routed them he found many of his Provincials amongst them yet he let them go as supposing they came to look after their Cattle But by the end of that Month the whole Province was in open Rebellion and yet it was not until February that the Lords Justices sent their positive Order to prosecute those wilful Rebels with Fire and Sword and in the latter end of February the President published his Majesties Proclamation under his own Hand and Signet but without effect for the Rebels said that it was Counterfeit and rejected it But Arguments are vain when the thing itself manifests the truth and if ever in any case certainly 't is in this that Res ipsa loquitur and that the President was not the Aggressor for he had neither Men Mony Ammunition or Arms or any other Provision of War fit to contest with so numerous an Enemy that were fledged with the Spoils and Riches of English and it is undeniable that the Irish began to plunder even in great Numbers and Armed in a War like manner and at Noon day but perhaps the Remonstrants think that is not a Commencement of War But in Conaught the case was far different from Munster though the Remonstrants not caring whether right or wrong have mingled both Provinces in the same accusation for the President of Conaught was then at Dublin and in the beginning of November when he went to Athlone he found many of his Provincials whereof some Gentry in open Rebellion who had committed many Murders and more Robberies he presently endeavoured a Treaty with the Gentry that had not yet declared presuming on his Alliance to some of them and his former private Friendship with them but all in vain so that his Case was miserable being surrounded with Multitudes of Rebels who took the Town and kept him Besieged in the Castle of Athlone all that Winter His whole force in the Province was but a Troop and a half of Horse most Irish and Six half Companies of Foot whereof One was Surprized and another sent to Dublin so that he was in no condition to rescue the Distresled English and much less to make any offensive War on the Irish or by any cruelty to force them into Rebellion as they have most untruly suggested The Lords Justices did also send Commissions of Government to the Lords of Clanrickard Mayo and Costilo and Commissions of Martial Law to some of the best of the Natives and the Lord Clanrickard did assure the Irish of his Majesties condescention to the Graces and yet all this could not prevent nor suppress their Rebellion To the Eleventh Whether the Parliament of Ireland have equal Power and Priviledges with the Parliament of England and whether an English Statute can bind Ireland is fitter to be disputed by Arguments than Arms but it is false that the Act of Adventurers in England was grounded or occasioned by any misinformations from Ireland Nor doth it extend to other Estates than those of the most Detestable and Sanguinolent Traitors that ever were heard of and therefore the Loyal Remonstrants should not be concerned but admitting the Act unjust yet it was subsequent to the Rebellion and so could not be a cause of it Nor can we believe it was forced upon his Majesty it being for his own advantage and for the benefit of his Beloved and ever Loving People and if his Majesty should lose by it at present yet he loses to Loyal and obedient Subjects who will in time reprize him as well by saving charge and preventing Danger and Rebellion as by straining themselves at any time for his Majesties Honour and Profit And since there is no Authority nor Command Civil or Military in Ireland but what is derived from his Majesties Authority and acts in obedience to it 't is strange that the Remonstrants should close this Article with a loud and known untruth to the contrary To the Twelfth That the Proclamations enjoyning Strangers to leave the City were issued not only upon sound Reasons and good cause since approved of by his Majesty but also were published at the request of the Popish Inhabitants of Dublin however no Person of Quality or Credit was affronted thereby but were civilly permitted to stay And the Third Proclamation viz. that of the 11 th of November was designed to send the Gentry home to keep the Country quiet unless they had cause of stay in the City however not so much as one Gentleman was either threatned or punished for disobedience thereunto But many and even some Citizens that had liberty to stay in Dublin went voluntarily and did joyn with the Rebels and now they cover their Treason with a pretence that they were forced to go And it is not true that any of the Rebels offered to submit until after the relief of Tredagh when his Majesties Army was Master of the Field nor that any of the Cizens were pillaged or their Goods seized until after the Remonstrants were in open Rebellion Nor then with the consent of the Government who did what it could to prevent and punish Pillaging as by their several Proclamations may appear And as the Lords Justices did nothing without the Council so neither did they countenance any disorder nevertheless they are not accountable for all the Irregular acts of an ill paid Army especially against Rebels that had given such barbarous provocations That the Lords Justices did give Commission to two Papists that desired it to treat with the Rebels but that indulgence as the rest was abused to base ends and produced nothing of the effect propos'd and that no Houses were willingly burnt unless they belonged to Persons in open Rebellion and for Protections the Government granted very few having found by Experience that Protections always turn'd to his Majesties disadvantage because the Protected underhand relieve the Rebels and when they find a fit opportunity do themselves relapse However those few Protections that were granted were punctually observed and the publick Faith never violated by the Lords Justices connivance or consent and when it was discovered that the Protected did Murther stragling Soldiers and carry Powder c. to the Rebels their Passes were revoked and superseded by publick Proclamation and timely notice given them and no man suffered quatenus a Catholick or Irish-man unless he were also a Rebel as they generally were Nor ought the Remonstrants to complain even of the unjustifiable insolence of the Soldiers since all inconveniences consequential to the Rebellion and occasioned by it are justly chargeable on those that begun it And as to such Slaughters as have happened amongst the Confederates in the course of a just War and in defence and necessary Preservation of an innocent People they are no Murthers but the just Chastisements of a Religious Prince on unnatural Rebels and do not amount to the Tenth part of the number they Murdered in cold Blood and without Provocation To the Thirteenth It is strange that those who are so
angry at the Sitting of the Parliament and the Courts of Justice and have overturn'd all Laws and plucked them up by the Roots should yet keep such a stir about Fundamental Laws or that they should think themselves genuine Members of Parliament which is a Court of Peace and Order who have rent asunder all Bonds of Peace Order and Humane Society can they imagine that because they will Rebel we must have no Courts of Justice will nothing satisfy them but an universal concurrence in Confusion and is it because they are guilty of so many crimes themselves that they take liberty to speak evil of all others If this be the Liberty they Fight for certainly they espouse a very bad cause however it is better than Liberty of extirpating the Protestants which is what they really aimed at But they have no reason to complain of the Protestant Members of Parliaments either of his Majesties or his Fathers time they have Repealed many Acts that were prejudicial to the Natives but never made any that were so Are not the Persons they complain to have been Indicted in the King's Bench guilty of the Crimes they are accused of Have not those Soldiers that were Jurors Free-hold in the proper Counties and are they not capable to be Jurors according to Law These Remonstrants cannot deny these things and that their Rebellion forced these Gentlemen to be Soldiers and yet they complain as if it were unjust and a grievance But the allegation that any body under Protection or the Publick Faith was tryed for his Life is not true nor can they instance one and their Protestation against the Proceedings of Parliament is frivilous and vain And their desire to have a New which they call a Free Parliament whereunto they may be chose hath infinite inconveniences in it for then these Criminals will be acquitted and manage the most weighty affairs and either exclude or outvote the Loyal Protestant Subjects which have stuck by the Crown in this time of danger But the truth is that the Rebels have Murdered and Banished so many of the Protestant Free-holders and Inhabitants of Corporations that there can be very few if any Protestants in a new Parliament at this time whereby it would happen that what Protestants are left undevoured by the Sword ☜ should be destroyed by colour of Justice pursuant to their Oath of Confederacy And as to the place Dublin wants no other convenience but that of giving opportunity to Awe or Surprize the Chief Governour and the Members of Parliament and as to the Person that Nation doth not yield a Person of more honour and fortune than the present Lord Lieutenant the Marquess of Ormond And as to Poynings Act the Repeal or Suspension of it is desired to deprive the King of the Advice of his Privy Councils of England and Ireland and if it were done perhaps they would without his Majesties Knowledge transfer the Spiritual half of his Sovereignty to the Pope and attaint his Protestant Subjects and establish their Supream Council and alter the very form of Government but to be sure they would acquit themselves and deprive his Majesty of all the Forfeitures belonging to him by their attainders and therefore it is unfit at this time by suspending that Act to make such criminous Parties their own Judges Lastly These Remonstrants who so loudly clamour against others have nevertheless violated their own Publick Faith ☜ in breach of their Articles of the Cessation by taking and detaining several Places and Estates they were to restore by that agreement and by not paying any part of 30800 l. payable by those Articles at the time stipulated and in not paying above half of it yet to the Ruine of the Army that wanted it and depended upon it Appendix VII The Substance of the Lord Macguires Examination HE Saith Burlace Appendix 2 this Examination at large That the Inhabitants of Lainster were first engaged in the Rebellion and that Mr. Roger Moor first moved it to him that the design was to maintain their Religion and recover their Estates that the Lord of Mayo was in the First Conspiracy that they sent to consult the Irish in Spain and Flanders and received assurance of their assistance that the Earl of Tyrone sent them a Message that Cardinal Richlieu had promised him Aid and they sent him word that they would rise Twelve or Fourteen days before Alhollontide that the Gentry of the Pale were very loath that any of the Irish Army should be sent to Spain and opposed what they could in both Houses and had several consultations about that and to prepare for an Insurrection and that Colonel Plunket and the rest that were to carry Four Thousand Men to Spain proposed to Seize the Castle of Dublin with those Men and consulted with the Lord Macguire about it That the Lord Gormanstown was acquainted with the Plot and consented to it that the 5 th of October was the First day appointed and because all were not then ready it was changed to the 23 d. That Owen Roe had his Agent Captain Brian O Neal to promote the Conspiracy that they were all to rise on the same day that Mr. Moor and the Lord Macguire and the Colonels Plunket and Birne were with Two Hundred Men to Seize the Castle of Dublin and Sir Philem O Neale was to Surprize Londonderry and Sir Henry O Neale was to do the like to Carigfergus and Sir Con mac genis was to Seize the Newry and all were to carry it fair to the Scots till the business should be secure That Captain Con O Neal came to Dublin with fresh assurance of assistance from Owen Roe and Cardinal Richlieu and that but Eighty of the Two Hundred were come to Dublin the 22 th and therefore they intended to defer their Attempt until the Afternoon of the next day Appendix VIII The Lord of Gormanstown's Commission By the Lords Justices and Council William Parsons John Borlase Right trusty and well-beloved We greet you well WHereas divers most disloyal and malignant Persons within this Kingdom have tratierously conspired against His Majesty his Peace Crown and Dignity and many of them in execution of their Conspiracy are traiterously assembled together In a Warlike manner and have most inhumanly made Destruction and Devastation of the Persons and Estates of divers of His Majesties good and loyal Subjects of this Kingdom and taken slain and imprisoned great Numbers of them We out of our Care and Zeal for the common good being desirous by all means to suppress the said Treasons and Traitors and to conserve the Persons and Fortunes of His Majesties loving Subjects here in Safety and to prevent the further Spoil and Devastation of His Majesties good People here do therefore hereby require and authorize you to Levy Raise and Assemble all every and any the Forces as well Footmen as Horsemen within the County of Meath giving you hereby the Command in chief of all the
said Forces and hereby further requiring and authorizing you as Commander of them in chief to arm array divide distribute dispose conduct lead and govern in chief the said Forces according to your best Discretion and with the said Forces to resist pursue follow apprehend and put to death slay and kill as well by Battel as other ways all and singular the said Conspirators Traitors and their Adherents according to your Discretion and according to your Conscience and Discretion to proceed against them or any of them by Martial Law by hanging them or any of them till they be dead according as it hath been accustomed in Time of open Rebellion and also to take waste and spoil their or any of their Castles Holds Forts Houses Goods and Territories or otherwise to preserve the Lives of them or any of them and to receive them into his Majesties Favour and Mercy and to forbear the Devastation of their or any of their Castles Forts Holds Goods and Territories aforementioned according to your discretion Further hereby requiring and authorizing you to do execute and perform all and singular such other thing for Examination of Persons suspected discovery of Traitors and their Adherents parlying with and granting Protections to them or any of them taking up of Carts Carriages and other Conveniences sending and retaining Espials victualling the said Forces and other things whatsoever conducing to the purpose aforementioned as you in your discretion shall think fit and the Necessity of the Service require further hereby requiring and authorizing you as Commander in chief to constitute and appoint such Officers and Ministers respectively for the better performance and execution of all and singular the Premises as you in your discretion shall think fit And we do hereby require and command all and singular His Majesties Sheriffs Officers and Ministers and loving Subjects of and within the County of Meath and the Borders thereof upon their Faith and Allegiance to His Majesty and to his Crown to be aiding helping and assisting to you in the doing and executing of all and singular the Premises This our Commission to continue during our pleasure only and for the so doing this shall be your sufficient Warrant Given at His Majesties Castle of Dublin November 2 d. 1641. To our very good Lord Nicholas Viscount Gormanstown R. Dillon Jo. Temple Ja. Ware Rob. Meredith Appendix IX The Deposition of Henry Jones Doctor in Divinity and Dean of Kilmore I Henry Jones Doctor in Divinity in obedience to His Majesties Commission requiring an Account of the Losses of his Loyal Subjects wherein they suffered by the present Rebellion in Ireland Requiring also a Declaration of what traiterous Words Projects or Actions were done said or plotted by the Actors or Abetters in that Rebellion do make and give in this following Report of the Premises to the best of my knowledge As for the present Rebellion howsoever the breaking out of this Fire into a Flame began first on the 23 d. of October yet was it smoking as may well be conjectured for many years before God having given us many and apparent Grounds for the Discovery of it had they been duly considered or fully prosecuted to a discovery of which kind we find these following four particulars 1. The first that about three or four years since amongst many Books brought into Limeriek from foreign yarts and seized upon by the Reverend Bishop of that See as probibited being thereunto authorized by the State One had a written Addition to the first part which was printed the Manuscript containing a Discourse of the Fryers of the Augustine Order sometimes seated in the Town of Armagh in Vlster but by reason of the Times at that present resident as that writing imported in the City of Limerick in Munster that while it flourished at Armagh it was protected and largely provided for by the then Earl of Tyrone Since whose expulsion out of Ireland that Convent was also decayed and driven to those distresses it did for the present undergo but that within three years this is as I remember the time limitied Ireland should find that he had a Son inheriting his Fathers Vertues who should restore that Kingdom to its former Liberty and that Convent to its first Lustre or words to that effect This was related unto me by that zealous and learned Prelate Doctor Webb now Bishop of Limerick who saw and read the said passage purposing as his Lordship told me to send that Book to the Lord President of Munster to be taken into further consideration 2. Hereunto was added a second passage about the same time at Limeriek aforesaid where a Popish Priest gave out that within three years there should not be a Protestant in Ireland or words to that purpose with some other material Circumstances which I do not now remember yet all so concurring with the former or the first to this for which preceeded I know not both being about one time that it was thought fitting to be considered of the said Priest being sent unto the Lords Justices at Dublin and he committed to the Castle 3. The third did agree with the two former and fell out about the same time in the Country of Westmeath in the Province of Linster where Walter Nugent of Rathaspeck in the said County Eldest Son the Walter Nugent Esquire a Man of great Fortunes upbraiding an Irish Protestant who was the Parish Clark of Rathaspeck aforesaid with his Religion and both speaking Latin the said Newgent uttered these words Infratres Annos veniet tempus potentia in Hibernia quando tu longe likely meaning diu pendebis in cruce propter Diabolicam vestram Religionem The party to which this was spoken feared the power of the man and durst not speak of it only in private yet being called upon and examined juridically upon Oath he deposed these words And being demanded whether the words were in Hiberniam or Hibernia the first importing an Invasion the other an Insurrection at home he deposed the latter having time given him to consider of it These Examination were sent to Sir George Ratcliff Newgent was sent for and committed to the Castle of Dublin and remained in long durance but after was dismissed 4. Hereunto was added the fourth about the same time near the Nass about Twelve Miles from Dublin where a Popish Preist newly arrived out of Flanders did make his Address to the then Lord-Deputy and informed his Lordship of an intercourse of Letters between the Earl of Tyrone with others in Flanders and the Popish Primate of Armagh Rely concerning an Invasion within a short time intended upon Ireland the said Priest offering so his Person might be secured to direct such as should be thereunto appointed to the place where the said Letters were in the Custody of the said Rely Rely was thereupon sent for together with the Popish Vicar General of Armagh as I remember it both were committed to the said Castle of Dublin but soon after
any of them shall joyn with us in this Act following J. A. B. Do in the Presence of Almighty God and all the Angels and Saints in Heaven and by the Contents of this Bible promise vow swear and protest to bear Faith and true Allegiance to Our Soveraign Lord King Charles and the Heirs and Successors of His Body begotten and will defend Him and Them as far as I may with my Life Power and Estate against all Persons that shall attempt any thing against His or Their Persons Honours Estates or Dignities and that I will in exposing my Self Power and Estate joyn with the Irish Army or any other to recover His Royal Prerogatives forcibly wrested from him by the Puritans in the Houses of Parliament in England and to maintain the same against all others that shall directly or indirectly endeavour to suppress or do any Act contrary to real Government as also to maintain Episcopal Jurisdictions and the Lawfulness thereof in the Church-Power Priviledges of Prelates the lawful Rights and Priviledges of the Subjects and I will do no Act or thing directly or indictly to prejudice the Publick Exercise of the Roman Catholick Religion in any of His Majesties Dominions and that I will joyn with and be assisting to the Members in the Common-weal for Redresses to be had of the Grievances and Pressures thereof in such Manner and Form as shall be thought fit by a lawful Parliament and to my Power as far as I may ☜ I will oppose and bring to condign Punishment even to the loss of Life and Liberty and Estate all such as shall either by Force or Practice Councels Plots Conspiracies or otherwise do or attempt any thing to the contrary of any Article clause or thing in this present Oath Vow and Protestatation contained and neither for Hope of Reward of Fear of Punishment nor any respect whatsoever shall relinquish this Oath and Protestation So help me God This Declaration and Oath was entred in the Counsel Book of Kilkeny and this a true Copy thereof Witness my Hand this Ninth of May 1644. Hierome Green Cler. Counsel Kilkeny Appendix XII The Protestation and Declaration of the Lords Spiritual and Temporal and Commons in Parliament Assembled against the Irish Rebellion the 17th of November 1641. WHereas the happy and peaceable Estate of this Realm hath been of late and is still interrupted by sundry Persons ill affected to the Peace and Tranquility thereof who contrary to their Duty and Loyalty to His Majesty and against the Laws of God and the fundamental Laws of this Realm have traiterously and rebelliously raised Arms seized upon His Majesties Forts and Castles and dispossessed many of his faithful Subjects of their Houses Lands and Goods and have slain many of them and committed other cruel and inhuman Outrages and Acts of Hostility within this Realm The said Lords and Commons in Parliament Assembled being justly moved with a right Sense of the said disloyal Rebellious Proceedings and Actions of the Peesons aforesaid do hereby protest and declare that the said Lords and Commons from their hearts do detest and abhor the said abominable Actions and that they shall and will to their utmost Power maitain the Rights of His Majesties Crown and Government of this Realm and the Peace and Safety thereof as well against the Persons aforesaid their Abbetters and Adherents as also against all foreign Princes Potentates and other Persons and Attempts whatsoever And in case the Persons aforesaid do not repent of their aforesad Actions and lay down Arms and become humble Suitors to His Majesty for Grace and Mercy in such convenient Time and in such manner and form as by His Majesty or the chief Governour or Governours and the Councel of this Realm shall be set down The said Lords and Commons do further protest and declare that they will take up Arms and will with their Lives and Fortunes suppress them and their Attempts in such a way as by the Authority of the Parliament of this Kingdom with the Approbation of his Excellent Majesty or of His Majesties chief Governour or Governours of this Kingdom shall be thought most effectual Appendix XIII His Majesties Proclamation against the Irish Rebellion By the KING WHeras divers lewd and wicked Persons have of late risen in Rebellion in our Kingdom of Ireland surprized divers of our Forts and Castles possessed themselves thereof surprized some of our Garrisons possessed themselves of some of our Magazines of Arms and Ammunition dispossessed many of our good and loyal Subjects of the British Nation and Protestants of their Houses and Lands robbed and spoiled many Thousands of our good Subjects of the British Nation and Protestants of their Goods to great values Massacred multitudes to them imprisoned many others and some who have the Honour to serve us as Privy Councellors of that our Kingdom We therefore having taken the same into our Royal consideration and abhorring the wicked Disloyalty and horrible Acts committed by those Persons do hereby not only declare our just Indignation thereof but also do declare them and their Adherents and Abettors and all those who shall hereafter joyn with them or commit the like Acts on any of our good Subjects in that Kingdom to be Rebels and Traitors against our Royal Person and Enemies to our Royal Crown of England and Ireland And we do hereby strictly charge and command all those Persons who have so presumed to rise in Arms against us and our Royal Authority which we cannot otherwise interpret than Acts of high Rebellion and detestable Disloyalty when therein they spoil and destroy our good and loyal Subjects of the British Nation and Protestants that they immediately lay down their Arms and forbear all further Acts of Hostility wherein if they fail we do let them know that we have authorized our Justices of Ireland and other our chief Governour or Governours and General or Lieutenant-General of our Army there and do hereby accordingly require and authorize them and every of them to prosecute the said Rebels and Traitors with Fire and Sword as Persons who by their high Disloyalty against us their lawful and undoubted King and Sovereign have made themselves unworthy of any Mercy or Favour whereinour said Justices or other Governour or Governours and General or Lieutenant-General of our said Army shall be countenanced and supported by us and by our powerful Succours of our good Subjects of England and Scotland that so they may reduce to Obedience those wicked Disturbers of that Peace which by the Blessing of God that Kingdom hath so long and so happily enjoyed under the Government of our Royal Father and Us. And this our Royal Pleasure We do hereby require our Justices or other chief Governour or Governours of that our Kingdom of Ireland to cause to be published and proclaimed in and throughout our said Kingdom of Ireland Given under our Signet at our Palace of Westminster the First Day of January in the 17 th Year of
by any Ships or other Vessels of what Country or Nation soever under their Power or Command or Waged Imployed or Contracted with on their behalf or by any Forts Garrisons or Forces within this Kingdom under their Power in their coming to this Kingdom or returning from thence 4. It is concluded and accorded and the said Lord Viscount Muskery and the rest of the above named Parties do promise and undertake for and in the behalf of those for whom they are Authorised as aforesaid that all Ships Barks and Vessels which shall bring Provisions to any Harbour in this Kingdom in the hands of such as shall obey the Articles of this Cessation from any Potts in the Kingdom of England having his Majesties Pass or the Pass of any who is or shall be His Majesties Admiral or Vice-Admiral or the Pass of any Governor or Governors of any the Ports in England in his Majesties Hands or which shall hereafter during this Cessation be in his Majesties Hands or the Pass of the said Marquess shall not be interrupted by any of those for whom the said Lord Viscount Muskery and the rest of the above named Persons are Authorised as aforesaid neither in their coming to this Kingdom or in their return so as they use not any acts of Hostility to any of their said Party And this to be a Rule until his Majesties Pleasure be further declared therein upon application of the Agents of the said Roman-Catholick Subjects now in Arms c. to His Majesty 5. It is concluded and accorded and the said James Marquess of Ormond doth promise and undertake for and in the Name of His Majesty that no interruption shall be given by any Ship or Ships under his Majesties Power and Command or Waged Imployed or Contracted with by or in the behalf of his Majesty or by any of his Majesties Forts Garrisons or Forces within this Kingdom to any Ship or Ships that shall Trade with any of the said Roman-Catholicks who are now in Arms c. or any of their Party or which shall come in or go out of any the Cities Towns Harbours Creeks or Ports of this Kingdom in the hands of the said Roman-Catholicks now in Arms c. with Arms Ammunition Merchandise Commodity or any thing whatsoever during this Cessation As on the other side the said Donogh Viscount Muskery and the rest above named of that Party do promise and undertake for and in the behalf of those by whom they are Authorised that no interruption shall be given by any Ship or other Vessel whatsoever under the Power and Command of their Party or Waged Imployed or Contracted with by or in the behalf of their Party or by any Forts Garrisons or Forces within this Kingdom in their Power to any Ship or ships that shall Trade with any of his Majesties Subjects obeying this Cessation or which shall come in or go out of any of the Cities Towns Harbours or Ports of this Kingdom which shall obey this Cessation with Arms Ammunition Merchandise Commodity or any other thing whatsoever during this Cessation Provided that no Ship or Ships shall be admitted free Trade by colour of this Article but such as are warranted by the precedent Articles 6. It is Concluded and Accorded that the Quarters in the Province of Leinster be as followeth viz. That the County of Dublin the County of the City of Dublin the County of the Town of Droghedagh and the County of Lowth shall remain and be during the Cessation in the possession of his Majesties Protestant Subjects and of such as adhere unto them respectively saving and excepting unto the said Roman-Catholick Subjects now in Arms c. and their Party all such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the said Fifteenth day of September 1643 at the Hour aforesaid are possessed in the said Counties or any of them by any of the said Party And it is further Concluded and Accorded that as much of the County of Meath as is on the East and South-side of the River of Boyne from Droghedagh to Trym and thence to the Lordship of Moylagh and thence to Moyglare and thence to Dublin shall during the said Cessation remain and be in the possession of His Majesties Protestant Subjects and of such as adhere unto them respectively saving and excepting to the said Roman-Catholick Subjects now in Arms and their Party all such Castles Towns Lands and Territories and the Lands and Hereditaments thereunto belonging which upon the said Fifteenth day of September 1643 at the Hour aforesaid are possessed by any of the said Roman-Catholick Subjects now in Arms c. and of their Party within the said Limits and Boundaries and that the Residue of the said County of Meath shall remain in the Hands and Possession of the said Roman-Catholick Subjects now in Arms c. and their Party except the Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the said Fifteenth day of September 1643 at the Hour aforesaid are possessed within the said last mentioned Quarters in the County of Meath by his Majesties Protestant Subjects and such as adhere unto them or by any of them respectively And that so much of the County of Kildare as is on this side of the Liffy where Naas is situate and on the other side of the Liffy from Dublin Westward into the County of Kildare so far as the Rye water at Kilcock and so far betwixt that and the Liffy as shall be at the same distance from Dublin as the said Rye Water is at Kilcock on that side of the Liffy shall during the said Cessation remain and be in the Hands and Possessions of his Majesties Protestant Subjects and their Adherents respectively except such Castles Towns Territories and the Lands and Hereditaments thereunto belonging which upon the said Fifteenth day of September 1643 at the Hour aforesaid are possessed within the said Quarters by the said Roman-Catholick Subjects who are now in Arms c. and their Party and that the residue of the said County of Kildare shall remain in the hands of the said Roman-Catholick Subjects now in Arms c. and their Party except such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the said Fifteenth day of September 1643 at the Hour aforesaid are possessed by his Majesties Protestant Subjects and their Adherents respectively within the said last mentioned Quarters in the said County of Kildare And that the several Counties of Wicklow West Meath Kings County Queens County Catherlagh Kilkenny County of the City of Kilkenny Wexford and Longford shall during the said Cessation remain in the Hands of the said Roman-Catholick Subjects now in Arms c. and their Party except such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the said Fifteenth day of September 1643 at the Hour aforesaid are possessed within the said County by
truly and inviolably observed fulfilled and kept 11. It is concluded and accorded that all Possessions and likewise all Goods and Chattles that shall be found in Specie taken by either party after the Hour of Twelve aforesaid and before Publication of this Cessation shall be restored to the Owners and after Publication all Possessions and Goods that shall be taken to be restored to the Owners upon demand or Damages for the same In witness whereof the said Marquess to the part of the said Articles remaining with the said Viscount Muskery and the rest of the above named Persons hath put his Hand and Seal And the said Viscount Muskery c. To that part of the Articles remaining with the said Marquess Ormond have put their Hands and Seals the Day and Year first above written Muskery Lucas Dillon Nic. Plunket Rob. Talbot Rich. Barnwell Torl o Neale Geffry Brown Ever Magennis Jo. Walsh An Instrument touching the manner of payment of 30800 Pounds Sterling by several Payments WHereas by an Instrument bearing date with these Presents we have in the behalf and by Authority from the Roman Catholicks of this Kingdom freely given unto His Majesty the Summ of Thirty Thousand Pounds Sterling wherein the times or manner of payments are not expressed We do therefore hereby agree that the same shall be paid in manner following viz. 5000 Pounds within one Month next after the date of these Presents the one half in Money and the other half in good and merchantable Beeves not under four or above ten years old at the Rate of 30 Pounds the score at the City of Dublin 5000 Pounds more within one Month next after the said first Month the one half in Money and the other half in Beeves as aforesaid at the like Rates at the City of Dublin aforesaid also within two Months next after Five Thousand Pounds more whereof one half in Beeves as aforesaid at the like Rates and the other half in Money One other Five Thousand Pounds at or before the last of February next and the Summ of 10000 Pounds being the last Payment of the said Thirty Thousand Pounds at or before the last Day of May next which shall be in the Year 1644. And we hereby further agree that Eight Hundred Pounds more shall be paid to His Majesties Use to whom the Lords Jnstlces shall appoint at the Garrison of Naas within two Months next ensuing the one half by one Months End next after the date hereof and the other half by the End of one Month more next after that First Month all other Payments in Money save the Eight Hundred Pounds shall be paid at Dublin and the rest of the Beeves save the said first two Payments to be paid within the several Provinces to His Majesties Use to such Persons as shall be appointed by His Majesties Lords Justices or other Chief Governor or Governors in this Kingdom they first giving notice to Us or any one or more of Us of their Pleasures therein In witness whereof We have hereunto put our Hands and Seals the sixteenth Day of September 1643. Muskery Lucas Dillon Nic. Plunket Rob. Talbot Rich. Barnwell Torl O Neale Geffry Brown Ever Magennis Jo. Walsh Appendix XVII The Lord of Insiquin's Complaints of the Breaches of the Cessation in Munster First THEY withhold from us the Fourth Sheaff in Barymore and Imokilly albeit those two intire Baronies were under the protection of our Army and most of them under particular Protection until Four or Five days before the Cessation during all which time they did contribute to our several Garrisons and were under our Command at the time of Sowing and for the most part at the time of Reaping the last Harvest and the Articles say That the places Sown under our Protection shall pay the Sheaff c. Secondly We being possessed of the whole Lands in Roches Country all the time before the Cessation they pretend to a Possession gain'd therein some days before the Treaty endedâ— by thrusting Three or Four men a piece into some old ruinous Castles or Houses deserted by us in a skulking manner it being very evident that they had no considerable Force drawn into all that Country save what they slipt into those deserted places as aforesaid whilst we had Two strong Garrisons at Mallow and Downeraile which would easily have repelled any Force that they brought into those parts if they had come in such sort as to be taken notice of Thirdly In like manner they have gained and do insist upon the Possession of Bally-begg near Buttivant and other places in Orrery Fourthly The Castle of Pilltown they entred into Four or Five days after the Cessation and do yet detain it and the Castle of Cloghleigh with others in Condons they gained as those in Roches Country Fifthly Several of the principal Gentry in Orrery as Mr. Robinson Stapleton Lombard and Magner with their Tenants having always adhered and contributed to our Party and never declared themselves against us by any publick Act have since the Cessation been drawn to join with their Party under pretence that they had past their private Promise to Mac Donogh and Donogh O Callaghane to join with them when the Cessation was concluded Sixthly Several of our Party being in actual Possession of sundry Tithes in Barrymore and Imokilly did make Sale thereof and contract for several Summs of Money in lieu of them for payment whereof they took Bills and other Security before we lost any part of our Interest there which Monies so contracted for they refused to pay Seventhly The Lord Roch by force and strong hand hath entred upon Mr. Cuishin of Farrihi's Lands and compelled him to the payment of Six or Seven Pounds and enforced divers of his People to Swear to further Payments Mr. Cuishin having been always of our Party both before and since the Cessation and not to be drawn to theirs by their vehement Perswasions since the Cessation and having for the most part a Ward in his Castle Eighthly Where by the Articles of Cessation competent proportions of Land ought to be allowed to all Garrisons and Wards Captain Garret Fitz Gerald hath entred upon the Liberties of the Town of Youghal and thereout expelled divers poor English by violent taking their distresses by placing Guards of Armed Men on the High-ways and enforcing the People to contribute to their Army Ninthly They have entred upon a Mill and Five Plow-Lands of Ballycrenan belonging to Robert Tynt Esquire since the beginning of April last which was formerly in his continual Possession Tenthly The Lord Roch hath violently taken away from Mr. Cuishin the Tithes belonging to Dean Boyl and by him contracted for and disposed of before the Cessation whilst the Barony of Fermoy was in our Hands Eleventhly Several other petty Injuries as Stealths of Cattle Detention of Corn Incroachments on Bounds and the like do daily occur touching which we cannot prevail with any of their Party to joyn or interpose in
without due process and Judgment of Law they have since then been put or kept out and may be answered of and for all the mean profits of the same in the interim and for all the time until they shall be so restored 19. That your Majesties said Protestant Subjects may also be restored to all their Monies Plate Jewels Houshold-stuff Goods and Chattels whatsoever which without due Process or Judgment of Law have been by the said Confederates taken or detained from them since the contriving of the said Rebellion which may be gained in kind or the full value thereof if the same may not be had in kind and the like restitution to be made for all such things which during the said time hath been delivered to any Person or Persons of the said Confederates in trust to be kept or preserv'd but are by colour thereof still withholden 20. That the establishment and maintenance of a compleat Protestant Army and sufficient Protestant Soldiers and Forces for the time to come be speedily taken into your Majesties Prudent Just and Gracious Consideration and such a course laid down and continued according to the Rules of good Government that your Majesties Right and Laws the Protestant Religion and Peace of that Kingdom be no more endangered by the like Rebellions in time to come 21. That whereas it appeareth in Print that the said Confederates amongst other things aim at the Repeal of Poyning's Law thereby to open an easy and ready way in the passing of Acts of Parliament in Ireland without having them first well considered of in England which may produce many dangerous consequences both to that Kingdom and to your Majesties other Dominions your Majesty would be pleased to resent and reject all propositions tending to introduce so great a diminution of your Royal and necessary Power for the confirmation of your Royal Estate and protection of your good Protestant Subjects both there and elsewhere 22. That your Majesty out of your grace and favour to your Protestant Subjects of Ireland would be pleased to consider effectually of answering them that you will not give order for or allow of the transmitting into Ireland any Act of general Oblivion Release or Discharge of Actions or Suits whereby your Majesties said Protestant Subjects there may be barred or deprived of their legal Remedies which by your Majesties Laws and Statutes of that Kingdom they may have against the said Confederates or any of them or any of their Party for and in respect of any wrongs done unto them or any of their Ancestors or Predecessors in or concerning their Lives Liberties Persons Lands Goods or Estates since the contriving and breaking forth of the said Rebellion 23. That some fit course may be considered of to prevent the filling or overlaying of the Commons House of Parliament in Irelaâ—d with Popish Recusants being ill affected Members and that provision be duly made that none shall vote or sit therein but such as shall first take the Oaths of Allegiance and Supremacy 24. That the proofs and manifestations of the truth of the several matters contained in the Petition of your Majesties Protestant Subjects of Ireland lately presented to your Majesty may be duly examined discussed and in that respect the final conclusion of things respited for a convenient time their Agents being ready to attend with proofs in that behalf as your Majesty shall appoint In Answer whereunto it was replyed by the Committee of Lords and others of Irish affairs at Oxford 1. THat their Lordships did not think that the Propositions presented by the Protestant Agents to his Majesty and that Morning read before their Lordships were the sense of the Protestants of Ireland 2. That those propositions were not agreeable to the Instructions given the said Agents by the Protestants of Ireland 3. That if â—hose Propositions were not withdrawn they would lay a prejudice on his Majesty and his Ministers to posterity these remaining on Record if a Treaty should go on and Peace follow which the Kings necessity did enforce and that the Lords of the Committee apprehended the said Agents did flatly oppose a Peace with the Irish 4. That it would be impossible for the King to grant the Protestants Agents desires and grant a Peace to the Irish 5. That the Lords of the Committee desired the Protestant Agents to propose a way to effect their desires either by Force or Treaty considering the condition of his Majesties affairs in England To the First Note the Paâ—â—liament of Iâ—eland was interogated on the point and did declare their concurrence with what their Agents had done the Protestant Agents replyed That they humbly conceived that the Propositions which they had presented to his Majesty were the sense of the Protestants of Ireland To the Second That the Propositions are agreeable to the instructions given to the said Agents by the Protestants of Ireland and conduced to the well settlement of that Kingdom To the Third that they had no thought to draw prejudice on his Majesty or their Lordships by putting in those Propositions neither had they so soon put in Propositions had not his Majesty by his Answer to the Protestant Petition directed the same To the Fourth The said Agents humbly conceived that they were imployed to make proof of the effect of the Protestant Petition to manifest the Inhumane Cruelties of the Rebels and then to offer such things as they they thought fit for the security of the Protestants in their Religion Lives Liberties and Fortunes that the said Protestants had not disaffection to Peace so as Punishment might be inflicted according to Law as in the Propositions are expressed and that the said Protestants might be repaired for their great Losses out of the Estates of the Rebels not formerly by any Acts of this present Parliament in England otherwise disposed of which the said Agents desired might be represented to his Majesty and the Lords of the Committee accordingly To the Fifth that the said Protestant Agents were Strangers to His Majesties affairs in England and conceived that part more proper for the Advice of his Councils than the said Agents and therefore desired to be excused for medling in the Treaty further than the manifesting of the Truth of the Protestant Petition and purposing in the behalf of the Protestants according to the Instructions given them which the said Agents were ready to perform whensoever they should be admitted thereunto Touching which and other particulars there were many motions but the proofs they would have insisted upon by the importunity of other affairs never came to their due discussion Appendix XXII Instructions for the Agents who are to attend His Most Sacred Majesty on the behalf of His Majesties Protestant Subjects of Ireland 1. FIrst most humbly to represent unto His Most Sacred Majesty the Remonstrance or Petition of his truly obedient and loyal Subjects the Protestants of this his Kingdom of Ireland intituled To the King 's Most Excâ—llent Majesty
The humble Petition of divers of your Majesties Protestant Subjects in your Kingdom of Ireland as well Commanders of your Majesties Army here as others whose Names are subscribed in the behalf of themselves and others your Protestant Subjects in this your Kingdom and to manifest by all good ways and means the Truths thereof in every particular and to solicite the obtaining the humble Desires therein requested and to refel and disprove the Untruths of the scandalous Aspersions laid by the confederate Roman Catholicks c. of Ireland upon the most gracious Governments of our most Royal late Sovereign Queen Elizaheth and King James of ever Blessed Memory and also of our most gracious and dread Sovereign King Charles and also the extream Falshoods by the said confederate Roman Catholicks published and imposed upon by His Majesties said Protestant Subjects of this Realm 2. And also to offer unto His Majesties Royal and most tender Consideration the barbarous Usage Inhumanity cruel Tortures and bloody Murthers committed and done upon His Majesties Protstant Subjects ☞ in the several parts of the Kingdom without Provocation and that commonly after Quarter given Passes Promises and Oaths for security or safe Convoy especially in that glorious Plantation of King James of ever Blessed Memory in the Province of Vlster which terrible Effusion of innocent Blood crieth to Almighty God and His Sacred Majesty for Justice 3. In like manner to present unto His Sacred Majesty the true and entire Faith and Allegiance of His Majesties Protestant Subjects of this Kingdom unto his Royal Person Crown and Dignity their cheerful and constant Acknowledgment of his Supremacy in all Causes and over all Persons their Universal Obedience to all his Laws and gracious Government and their continual Desires and Endeavours even to the uttermost hazard of their Lives and Fortunes for the preservation of all his Rights and just Prerogatives and to present to His Majesty in what Estate and Condition the Kingdom was in at the Time of the breaking out of this horrid Rebellion 4. And most humbly to desire the Preservation and Establishment of the true Protestant Religion in this Realm and the Suppression of Popery according to the Laws and Statutes to that End established 5. Most humbly to desire His Sacred Majesty that the great Losses of his Protestant Subjects now utterly ruined by the Rebellion of the said confederate Roman Catholicks c. may be repaired in such manner and measure as his Highness in his Princely Wisdom shall think fit whereby His Majesties said Protestant Subjects may be enabled to subsist and reinhabit in the said Kingdom 6. Most humbly to present to His Sacred Majesty all other things that may conduce to the Glory of God to the Advancement of the true Protestant Religion according to the Laws the Honour and Profit of His Majesty the just Prerogatives of his Crown the Preservation of the Laws and just Liberties of the Subject the securing of this Kingdom to His Majesty and His Royal Posterity and future Safety to His Majesties Protestant Subjects in their Religion Lives and Fortunes that they may no longer nor hereafter be liable to such and the like Evils and Destructions on them committed as they have now suffered from those who fell upon them spilt their Blood and destroyed their Estates unprovoked and even when they lived together in full Peace 7. And for avoiding mistakes that you present or propound nothing to His Majesty but what shall be first well debated amongst your selves and maturely considered of and agreed upon in writing by the major part of you and subscribed with your hands 8. That from time to time you give an Accompt of your proceedings unto those who are here appointed to negotiate this Affair Which said Instructions being read the Protestant Petitioners were required to withdraw who after debate had on the Instructions at the Council-board were called in again and exceptions were taken to the first second third fourth and sixth Articles of the Instructions and they were told by the Lords of the Council That they could nor would not recommend them as the Instructions were now drawn and while the third Article of the Instructions remained in respect that they knew that there were many Protestants in the Province of Vlster in Ireland that were not obedient to His Majesties Laws and the Lord Chancellor moved that these words in the second Article aforementioned might be omitted out of the Instructions viz. commonly committed after Quarter given Passes Promises and Oaths for security of safe Convoy especially in that glorious Plantation of King James of ever Blessed Memory in the Province of Ulster which effusion of innocent Blood crieth to Almighty God and His Sacred Majesty for Justice And the Lord Lieutenant and Council further gave the Protestant Petitioners the particulars in writing which they would have added and omitted in the said Instructions otherwise they would not recommend the Protestant Agents nor the Cause to His Majesty And thereupon the Protestant Petitioners consented to the Alteration of their Instructions as hereafter followeth In the second Article of the first Instruction Quarter given is left out In the former part of the third Article these words are left out Viz. In like manner to present unto His Sacred Majesty the true and entire Faith and Allegiance of His Majesties Protestant Subjects of this Kingdom unto His Royal Person Crown and Dignity their cheerful and constant Acknowledgment of his Supremacy in all Causes and over all Persons their Vniversal Obedience to all his Laws and gracious Government and their continued Desires and Endeavours even to the uttermost hazard of their Lives and Fortunes for the Preservation of all his Rights and just Prerogatives In the fourth is added in Doctrine and Discipline In the sixth is added and Statutes in this Kingdom established and now of force Appendix XXIII The Propositions of the Confederate Irish Agents at Oxford and the Answer of the Protestant Irish Agents thereunto 1. Prop. 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 Catholicks within the Kingdom of Ireland may be repealed and the said Catholicks to be allowed the Freedom of the Roman Catholick Religion Answ To the first we say that this hath been the pretence of almost all those who have entred into Rebellion in the Kingdom of Ireland at any time since the Reformation of Religion there which was setled by Acts of Parliament above eighty Years since and hath wrought good effects ever since for the Peace and Welfare both of the Church and Kingdom there and of the Church and Kingdom of England and Protestant party throughout all Christendom and so hath been found wholsome and necessary by long experience and the repealing of rhose Laws will set up Popery again both in Jurisdiction Profession and Practice as that was before the said Reformation and introduce among other
touching Universities and Inns of Court We humbly conceive that this part of the Proposition savoureth of some desire to become independant upon England or to make aspersion on the Religion and Laws of the Kingdom which can never be truly happy but in the good Unity of both in the true Protestant Religion and in the Laws of England for as for matter of charge such of the Natives that are desirous to breed their Sons for Learning in Divinity can be well content to send them to the Universities of Lovane Doway and other Popish places in foreign Kingdoms and for Civil Law or Physick to Padua and other places which draws great Treasure yearly out of your Majesties Dominions but will send few or none of them to Oxford or Cambridge where they might as cheeply be bred up and become as Learned which course I conceive is holden out of their Pride and Disaffection towards this Kingdom and the true Religion here professed And for the Laws of the Land which are for the Common Law agreable to England and so for the greatest part of the Statutes the Inns of Court in England are sufficient and the Protestants come thither without grudging and that is a means to civilize them after the English Customs to make them familiar and in love with the Language and Nation to preserve Law in the Purity when the Professors of it shall draw from one original Fountain and see the manner of the practice of that in the same great Channel where His Majesties Courts of Justice of England do flow most clearly whereas by separation of the Kingdoms in that place of their principal Instruction where their Foundations of Learning are to be laid a degenerate Corruption in Religion and Justice may happily be introduced and spread with much more difficulty to be corrected and restrained afterwards by any Discipline to be used in Ireland or punishment there to be inflicted for departing from the true Grounds of things which are best preserved in Unity when they grow out of the same Root than if such Universities and Inns of Court as are proposed should be granted all which we humbly submit to your Majesties most pious and prudent Consideration and Judgment 8. Prop. That the Offices and Places of Command Honour Profit and Trust within that Kingdom be conferred upon Roman Catholick Natives in equality and indifferency with your Majesties other Subjects Answ We humbly conceive that the Roman Catholicks Natives of Ireland may have the like Offices and Places as the Roman Catholicks Natives of England have here and not otherwise howbeit we conceive that in the generality they have not deserved so much by their late Rebellion therefore we see not why they should be endowed with any new or farther Capacities or Priviledges than they have by the Laws and Statutes now in force in that Kingdom 9. Prop. That the insupportable Oppression of your Subjects by reason of the Court of Wards and Respit of Homage be taken away and certain Revenue in Lieu thereof setled upon your Majesty without Diminution of your Majesties Profits Answ We know of no Oppression by reason of the Court of Wards and we humbly conceive that the Court of Wards is of great use for the raising of your Majesties Revenues the preservation of your Majesties Tenures and chiefly the Education of the Gentry in the Protestant Religion and in Civility and Learning and good Manners who otherwise would be brought up in Ignorance and Barbarism their Estates be ruined by their Kindred and Friends and continue their depending upon their Chieftains and Lords to the great prejudice of your Majesties Service and Protestant Subjects and there being no colour of exception to your Majesties just Title to Wardships we know not why the taking away of your Court concerning the same should be pressed unless it be to prevent the Education of the Lords and Gentry that fall Wards in the Protestant Religion For that part of this Proposition which concerns Respit of Homage We humbly conceive that reasonable that some way may be setled for that if that standeth with your Majesties good Pleasure without prejudice to your Majesty or your Majesties Protestant Subjects 10. Prop. That no Lord not estated in the Kingdom or estated and not resident shall have vote in the said Parliament by proxy or otherwise and none admitted to the House of Commons but such as shall be estated and resident within the Kingdom Answ We humbly conceive that in the Year 1641 by the Graces which your Majesty then granted to your Subjects of Ireland the matter of this Proposition was in a fair way regulated by your utter abolishing of blank Proxies and limiting Lords present and attending in the Parliament of Ireland that no one of them should be capable of more Proxies than two and prescribing the Peers of that Kingdom not there resident to purchase fitting Proportions of Land in Ireland within five Years from the last of July 1641 or else to lose their Votes till they should make such purchases which purchases by reason of the Troubles hapning in the Kingdom and which have continued for two years and a half have not peradventure yet been made and therefore your Majesty may now be pleased and may take just occasion to enlarge that time for five Years more from the time when that Kingdom may again be setled in a happy firm peace And as to Members of the House of Commons the same is most fit as we humbly conceive to be regulated by the Laws and Statutes of that Kingdom 11. Prop. That an Act be passed in the next Parliament declaratory that the Parliament of Ireland is a free Parliament of it self independant of and not subordinate to the Parliament of England and that the Subjects of Ireland are immediately subject to your Majesty as in right of your Revenue and that the Members of the said Parliament of Ireland and all other the Subjects of Ireland are independant and no way to be ordered or concluded by the Parliament of England and are only to be ordered and governed within that Kingdom by your Majesty and such Governours as are or shall be there appointed and by the Parliament of that Kingdom according to the Laws of the Land Answ This Proposition concerns your Majesties High Court of Parliament both of England and Ireland and is beyond our Abilities who are not acquainted with the Records and Presidents of this Nature to give an Answer thereunto and therefore we humbly desire your Majesties pardon for not answering unto the same 12. Prop. That the assumed Power or Jurisdiction in the Council Board of determining all Manner of Causes be limited to Matters of State and all Patents Estates and Grants illegally and extrajudicially avoided there or elsewhere be left in State as before and the Parties grieved their Heirs or Assigns till legal Eviction Answ The Council-Table hath always exercised Jurisdiction in some Cases ever since the English Government
in England provided that nothing shall be concluded by both or either of the said Houses of Parliament which may bring prejudice to any of His Majesties Protestant Party or their Adherents or to any of his Majesties Roman-Catholick Subjects Party or their Adherents other than such things as upon this Treaty shall be concluded to be done or such things as may be proper for the Committee of Priviledges of either or both Houses to take cognizance of as in such cases heretofore hath been accustomed and such other things as shall be propounded to either or both Houses by the Lord Lieutenant or other chief Governour or Governours for the time being during the said Parliament for the advancement of His Majesties Service and the Peace of the Kingdom which Clause is to admit no construction which may trench upon these Articles or any of them 3. It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased that all Acts Ordinances and Orders made by both or either Houses of Parliament to the blemish dishonour or prejudice of His Majesties Roman-Catholick Subjects of this Kingdom or any of them since the Seventh of August 1641 shall be vacated and that the same and all exemplifications and other Acts which may continue the memory of them be made void by Act of Parliament 4. It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased that all Indictments Attainders Outlawries in this Kingdom and all the Processes and other proceedings thereupon and all Letters Patents Grants Leases Custodiams Bonds Recognizances and all Records Act or Acts Office or Offices Inquisitions and all other things depending upon or taken by reason of the said Indictments Attainders or Outlawries since the Seventh of August 1641 in prejudice of the said Catholicks their Heirs Executors Administrators and Assigns or any of them or the Widows of them or any of them shall be vacated and made void in such sort as no memory shall remain thereof to the blemish dishonour or prejudice of the said Catholicks their Heirs Executors Administrators or Assigns or any of them or the Widows of them or any of them and that to be done immediately after concluding of these Articles and at furthest before the First day of October next or in case the said new Parliament be called sooner than the said last day of November then Forty days before the said Parliament And that all impediments which may hinder the said Roman-Catholicks to Sit or Vote in the next intended Parliament or to choose or to be chosen Knights and Burgesses to Sit or Vote there shall be removed before the said Parliament provided that no man shall be questioned by reason of this Article for mesne rates or wastes saving wilful wastes committed after the First of November 1645. 5. It is further concluded accorded and agreed upon by and between the said parties And His Majesty is further graciously pleased that all debts do stand in state as they were in the beginning of those troubles and that no grant or disposition made or to be made thereof by vertue or colour of any Attainder Outlawry Fugacy or other Forfeiture whatsoever or otherwise shall be of force and this to be passed as an Act in the said next Parliament 6. It is concluded accorded and agreed by and between the said parties and His Majesty is graciously pleased that for the securing of the Estates or reputed Estates of the Lords Knights Gentlemen and Freeholders or reputed Freeholders as well of Connaught and County of Clare or Country of Thomond as of the County of Limerick and Tipperary the same to be secured by Act of Parliament according to the intent of the Five and Twentieth Article of the Graces granted in the Fourth year of his Majesties Reign the Tenor whereof for so much as concerneth the said Proposition doth ensue in these words viz. We are Graciously pleased that for the securing of the Inhabitants of Connaught and Country of Thomond and County of Clare that their several Estates shall be confirmed unto them and their Heirs against Vs and our Heirs and Successors by Act to be passed in the next Parliament to be holden in Ireland to the end the same may never hereafter be brought into any further question by Vs Our Heirs and Successors in which Act of Parliament so to be passed you are to take care that all Tenures in Capite and all Rents and Services as are now due or which ought to be answered unto Vs out of the said Lands and Premises by any Letters Patents past thereof since the first year of King Henry the Eighht or found by any Office taken from the said first year of King Henry the Eighth until the One and Twentieth of July 1615 whereby our late dear Father or any His Predecessors actually received any profit by Wardship Liveries primer Seisins mesne rates Oâ—ster le mains or fines of alienations without licence be again reserved unto Vs Our Heirs and Successors And all the rest of the premises to be holden of Our Castle of Athloane by Knights Service according to our said late Fathers Letters notwithstanding any Tenures in Capite found for Vs by Office since the One and Twentieth of July 1615 and not appearing in any such Letters Patents or Offices within which rule it is His Majesties pleasure and it is so concluded and agreed that the said Lands in the Counties of Limerick and Tipperary be included but to be held by such Rents and Tenures only as they were in the Fourth Year of His Majesties Reign Provided always and it is the intention of the said parties to these presents that the said Lords Knights Gentlemen and Freeholders or reputed Freeholders of the said Province of Connaught County of Clare and Country of Thomond and Counties of Tipperary and Limerick shall have and enjoy the full benefit of such Composition and Agreement which shall be made with His most Excellent Majesty for the Court of Wards Tenures Respites and Issues of Homage any clause in this Article contained to the contrary notwithstanding And as for the Lands within the Counties of Kilkenny and Wickloe unto which His Majesty was Intituled by Offices taken or found in the time of the Earl of Strafford's Government in this Kingdom His Majesty is graciously pleased that the state thereof shall be considered in the next intended Parliament wâ—â—rein His Majesty will assent unto that which shall be Just and Honourable And it is further concluded and agreed by and between the said Parties and His Majesty is further graciously pleased that the like Act of Limitation of His Majesties Titles for the security of the Estates of His Subjects of this Kingdom be passed in the said Parliament as was Enacted in the One and Twentieth Year of His late Majesty King James His Reign in England 7. It is further concluded accorded and
take notice of and pursue the said Act of Oblivion without Pleading or Suit to be made for the same And that no Clerk or other Officers do make out or write out any manner of Writs Processes Summons or other Precepts for concerning or by reason of any Matter Cause or Thing whatsoever Released Forgiven Discharged or to be Forgiven by the said Act under pain of Twenty pound Sterling And that no Sheriff or other Officers do Execute any such Writ Process Summons or Precept and that no Record Writing or Memory do remain of any Offence or Offences Released or Forgiven or mentioned to be Forgiven by this Act And that all other causes usually inserted in Acts of General Pardon or Oblivion enlarging His Majesty's Grace and Mercy not herein particularized be inserted and comprized in the said Act when the Bill shall be drawn up with the Exceptions already expressed and none other Provided always that the said Act of oblivion shall not extend unto any Treason Felony or other Offence or Offences which shall be committed or done from or after the Date of these Articles until the First day of the before mentioned next Parliament to be held in this Kingdom Provided also that any Act or Acts which shall be done by vertue pretence or in persuance of these Articles or any of them after the Publication of the said Articles or any Act or Acts which shall be done by Vertue Colour or Pretence of the Power or Authority used or exercised by and amongst the confederate Roman Catholicks after the Date of these Articles and before the said Publication shall not be Accounted Taken Construed or be Treason Felony or other Offence to be excepted out of the said Act of Oblivion Provided likewise that the said Act of Oblivion shall not extend unto any Person or Persons that will not Obey and Submit unto the Peace Concluded and Argeed on by these Articles 16. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that an Act be Passed in the next Parliament prohibiting that neither the Lord Deputy or other Chief Governor Governors Lord Chancellor Lord High-Treasurer Vice-Treasurer Chancellor or any of the Barons of the Exchequer Privy Council or Judges of the four Courts be Farmours of His Majesty's Customs within this Kingdom 17. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that an Act of Parliament Pass in this Kingdom against Monopolies such as was Enacted in England 21. Jacobi Regis with a further clause of Repealing all Grants of Monopolies in this Kingdom and that Commissioners be Agreed upon by the said Lord Lieutenant and the Lord Viscount Mountgarret c. or any Five or more of them to set down the Rates for the Custom or Imposition to be laid on Aquavite Wine Oyl Yarn and Tobacco 18. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that such Persons asshall be Agreed on by the said Lord Lieutenant and the said Lord Viscount Mountgarret c. or any Five or more of them shall be upon conclusion of these Articles Authorized by Commission under the great Seal to Regulate the Court of Castle-Chamber and such causes as shall be brough into and censured in the said Court 19. It is further Concluded Accorded and Agreed by and between the said Parties and his Majesty is further graciously pleased that two Acts lately Passed in this Kingdom prohibiting the Plowing with Horses by the tail and the other prohibiting the burning of Oats in the Straw be Repealed 20. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that upon perfection of these Articles such course shall be taken against such who have disobeyed the Cessation and will not submit to the Peace if any shall Oppose it as shall be just and for the Peace of the Kingdom 21. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased forasmuch as upon application of Agents from this Kingdom unto His Majesty in the Fourth Year of his Reign and lately upon humble Suit made unto His Majesty by a Committee of both Houses of the Parliament of this Kingdom Order was given by His Majesty for redress of several Grievances and for so many of those as are not expressed in these Articles whereof both Houses in the next ensuing Parliament shall desire the benefit of His Majesty 's said former directions for Redresses therein that the same be afforded them yet so as for prevention of inconveniencies to His Majesties Service that the warning mentioned the 21 st Article of the Graces in the Fourth Year of His Majesties Reign be so understood that the Warning being left at the Persons dwelling Houses be held sufficient Warning and that as to the 22 d. Article of the said Graces the Process hitherto used in the Court of Wards do still continue as hitherto it hath done in that and hath been used in other English Courts but the Court of Wards being compounded for so much of the aforesaid Answer as concerns Warning and Process shall be omitted 22. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that Maritime causes may be determined in this Kingdom without driving of Merchants or others to Appeal and seek Justice elsewhere and if it shall fall out that there be cause of an Appeal the Party grieved is to Appeal to His Majesty in the Chancery of Ireland and the Sentence thereupon to be given by the Delegates to be Definitive and not to be questioned upon any further Appeal except it be in the Parliament of this Kingdom if the Parliament shall then be Sitting otherwise not This to be by Act of Parliament 23. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty out of His abundant Grace and Goodness to His Subjects of this Kingdom is graciously pleased to Assent that his said Subjects be eased of the increase of Rents lately raised on them upon the Commission of Defective Titles in the Earl of Straffords Government This to be by Act of Parliament 24. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that by Act to be Passed in the next Parliament all the arrears of Interest of Mony which did accrew or grow due by way Debt Mortgage or otherwise and yet not satisfied since the 23 d. of October 1641. until the perfection of these Articles shall be fully Forgiven and Released And that for and during the space of Three Years next ensuing no more shall be taken for Use or Interest or Mony than Five Pounds percent and in all Cases of Equity arising
through disability occasioned by the distempers of those Times the considerations of Equity to be alike unto both Parties 25. It is Concluded Accorded and Agreed by and between the said Parties and His Majesty is graciously pleased that the said Richard Lord Viscount Mountgarret c. shall be immediately upon conclusion of these Articles Authorized by Act of State to proceed in Hear Determine and Execute within the Cities corporate Towns Counties and parts of Counties now or late within the Quarters of the said confederate Catholicks the ensuing particulars and all matters thereupon depending and that the said Act of State and other the Authorities hereafter mentioned shall remain of Force without Revocation Alteration or Dimunition until Acts of Parliament be passed according to the Purport and Intent of these present Articles only in case of Death of any of the said Persons so to be Authorized the Lord Lieutenat or other Chief Governor or Governors of this Kingdom for the time being shall by the Advice and Consent of the Persons so to be Authorized then Living or any Five or more of them name others in the place of such who shall be so Dead and the Persons so to be named to be Authorized as the former and that the Persons to be Authorized as aforesaid or any Five or more of them be permitted without interruption to Applot Raise and Levy Means with Indifferency and Equality upon all His Majesties Roman Catholick Subjects of this Kingdom for the Raising Clothing and bringing to Sea-Ports and Maintaining there until they be Shipped Ten thousand Men promised by the confederate Catholicks of this Kingdom to assist His Majesty and to Levy the Arrears of all Excises and other Publick Taxes already Imposed by them and yet unpaid and to call all Receivers and other Accomptants of all former Taxes and Publick Dues to a just and strict Accompt either by themselves or by such as they or any Five or more of them shall Name and Appoint And that the said Persons to be Authorized as aforesaid or any Five or more of them shall have power to Applot Raise and Levy means with Indifferency and Equality by way of Excises otherwise in the several Cities Corporate Towns Conties and parts of Counties now within the Quarters of the said Confederate Catholicks towards the maintenance of such Army or Armies as shall be thought fit to continue and be in Pay for the defence of the Kingdom and towards the maintenace of all the Forts Castles and Garrisons within both or either of the now Quarters of either Party other than such of the said Garrisons Forts and Castles as from time to time until there be a settlement in Parliament shall be thought fit by His Majesty's chief Governor or Governors of this Kingdom for the time being by and with the Advice and Consent of the said Persons so to be Authorized or any Five or more of them not to be maintained at the charge of the Publick Provided that His Majesties Lieutenant or other chief Governors for the time being be first made acquainted with such Taxes Levies and Excises as shall be made and the manner of Levying thereof and that he approve the same and that the Persons to be Authorized as aforesaid or any Five or more of them shall be Authorized to appoint Receivers Collectors and all other Officers for such Monies as shall be so Assessed and for the Arrears of all former Applotments Taxes and other Publick Dues yet unpaid and that the Persons so to be Authorized or any Five or more of them in case of Refractoriness or Delinquency may Distrain and Imprison and cause such Delinquents to be Distrained or Imprisoned and that the profits of the Estates within the now Quarters of the confederate Catholicks of such as shall adhere to the Parliament and not submit to the Peace be accompted as Publick Dues and be converted to the maintenance of the Kings Army and that the said Persons to be Authorized as aforesaid or any Five or more of them shall have Power to Applot Raise and Levy means with Indifferency and Equality for the buying of Arms and Ammunition and for entertaining of Frigats in such proportion and manner as shall be thought fit by His Majesties Lieutenant or other chief Governor or Governors for the time being by and with the Advice and Consent of the said Richard Lord Viscount Mountgarret c. or any Five or more of them the said Arms and Ammunition to be laid up in such Magazines and under the charge of such Persons as shall be agreed by the said Lord Lieutenant and the said Persons to be authorised as aforesaid or any Five or more of them and to be issued and the said Frigats to be employed by the Lord Lieutenant or other chief Governor or Governors for the time being for the safety of the Kingdom by the advice and consent of the said Richard Lord Viscount Mountgarret c. or any Five or more of them and that the said Persons so to be authorised as aforesaid or any Five or more of them shall have power to Applot Raise and Levy Means with indifferency and equality by way of Excises or otherwise in the several Cities Corporate Towns Counties and parts of Counties now within the Quarters and upon the Estates of the said Confederate Catholicks all such Sum and Sums as shall appear unto the said Persons to be authorised as aforesaid or any Five or more of them to be really due for and in discharge of the publick ingagements of the said Confederate Catholicks incurred or grown due before the Conclusion of these Articles and that the said Persons to be authorised as aforesaid or any Five or more of them shall have power to Applot Raise and Levy Means with indifferency and equality by way of Excise or otherwise in the several Cities Corporate Towns Counties and parts of Counties now within the Quarters of the said Confederate Catholicks as well for the Persons to be authorised as aforesaid and also for such other Person and Persons as shall be imployed in publick Affairs within the several Cities Corporate Towns Counties and parts of Counties within the now Quarters of the said Confederate Catholicks from time to time until a settlement by Parliament and that the said Persons to be authorised as aforesaid or any Five or more of them make perfect Books of all such Monies as shall be Applotted Raised and Levied out of which Books they are to make several and respective Abstracts to be delivered unto their Hands or the Hands of any Five or more of them to the several and respective Collectors who shall be appointed to Levy and Receive the same and that a duplicate of the said Books under the Hands of the said Persons to be authorised as aforesaid be delivered unto his Majesties Lieutenant or other chief Governor or Govenors for the time being whereby a perfect accompt might be given 26. It is further concluded accorded and
agreed by and between the said Parties and his Majesty is graciously pleased that for the preservation of the Peace and Tranquility of the Kingdom That the said Lord Lieutenant and the said Lord Viscount Mountgarret c. or any Five or more of them shall for the present agree upon such persons who are to be authorised by Commission under the great Seal to be Commissioners of the Peace Oyer and Terminer and Goal delivery in the several Counties and parts of Counties within the now Quarters of the Confederate Catholicks with such power as Justices of the Peace Oyer and Teminer and Goal delivery in former times of Peace have usually had which is not to extend unto any Crime or Offence committed before the Fifteenth of September 1643. And to be qualified with Power to Hear and Determine all Civil Causes coming before them not exceeding Ten Pounds provided that they shall not intermeddle with Titles of Lands provided likewise the authority of such Commissioners shall not extend to question any Person or Persons for any Cattle or Goods heretofore taken by either Party from the other contrary to the Articles of Cessations but that the same shall be left to be determined in such way as by these Articles is already prescribed which Commissioners are to continue till settlement by Parliament Si tam diu se bene gesserint and if any who shall be so intrusted shall misbehave himself in the execution of such trust within that time that then such other person or persons shall be appointed in his or their place as shall be agreed on by His Majesties Chief Governour or Governors for the time being by the Advice and Consent of the said Persons so to be intrusted or any Five or more of them and the said Commissioners are to make their Estreats as accustomed in time of Peace and shall take the ensuing Oath Viz. You shall Swear that as Justice of the Peace Oyer and Terminer and Goal delivery in the Counties of A. B. C. in all Articles of the Kings Commission to you directed you shall do equal right to the Poor and to the Rich after your Cunning Wit and Power and after the Laws and Customs of the Realm and in pursuance of these Articles and you shall not be of Council of any Quarrel hanging before you and the Issues Fines and Amerciaments which shall happen to be made and all Forfeitures which shall happen before you you shall cause to be entred without any concealment or imbezeling and truly send to the Kings Exchequer You shall not let for gift or other cause but well and truly you shall do your Office of Justice of the Peace Oyer and Terminer and Gaol delivery in that behalf and that you take nothing for your Office of Justice of the Peace Oyer and Terminer and Gaol delivery to be done but of the King and Fees accustomed And you shall not direct or cause to be directed any Warrant by you to be made to the Parties but you shall direct them to the Sheriffs and Bayliffs of the said Counties respectively or other the King's Officers or Ministers or other indifferent Persons to do Execution thereof So help you God And that as well in the said Commission as in all other Commissions and Authorities to be issued in pursuance of 〈◊〉 Articles this Clause shall be inserted viz. That all 〈…〉 and Marshal shall be required to be â—iding and assisting 〈…〉 the said Commissioners and other persons to be Authoriâ—â—◠〈…〉 the execution of their respective Powers 27. It is further concluded accorded and agreed by and between the said Parties and his Majesty is further graciously pleased That none of the now Roman Catholick Party shall from henceforth untill there be a Settlement by Parliament Sue Implead or Arrest or be sued Impleaded 〈…〉 in any Court Place Judicature or Tribunal or before 〈…〉 Justice or Commissioner whatsoever other than 〈…〉 Commissioners aforesaid or in the several Corporations or other Judicatures within the now Quarters of the said Confederate Catholicks as hath or have Power derived from his Majesty 28. It is further concluded accorded and agreed by and between the said Parties and his Majesty is further graciously pleased that his Majesties Confederate Catholick Subjects do continue the possession of such of His Majesties Cities Garrisons Towns Forts and Castles which are within their now Quarters until settlement by Parliament and to be Commanded Ruled and Governed in chief by such as his Majesty or his chief Governor or Governors of this Kingdom for the time being shall Appoint and his Majesty his chief Governor or Governors of this Kingdom as aforesaid is to issue Commissions and appoint such Person and Persons as shall be named by his Majesties chief Governour of Governours for the time being by and with the Advice and Consent of the said Lord Viscount Mountgarret c. or any Five or more of them for the execution of such Command Rule or Government to continue until all the particulars in these present Articles agreed on to pass in Parliament shall be accordingly passed only in case of Death or Misbehaviour such other Person or Persons to be appointed for the said Command Rule and Government to be named and appointed in the place or places of him or them who shall so die or misbehave themselves as the chief Governor or Governors for the time being by the advice and consent of the said Lord Viscount Mountgarret and the rest of the above mentioned Parties to be authorised as aforesaid or any Five or more of them shall think fit and to be continued until settlement in Parliament as aforesaid 29. It is further concluded accorded and agreed by and between the said Parties and his Majesty is further graciously pleased that all Customs belonging to his Majesty which from the perfection of these present Articles shall fall due within this Kingdom shall be payed into his Majesties Receit and to his use any Request Clause or Demand in the Act of Oblivion or in any other former Propositions to the contrary notwithstanding Provided thet alliance very Person and Persons who are at the present intrusted within the now Quarters of the Confederate Catholicks by them the said Confederate Catholicks in the Entries Receits Collections or otherwise concerning the said Customs do continue their respective Imployments in the same until full settlement in Parliament other than as to such and so many of them as to the chief Governor or Governors for the time being by the advice and consent of the said Lord Viscount Mountgarret and the other Persons to be authorised as aforesaid or any Five or more of them shall be thought fit to be altered And then in such case or in case of Death or Misbehaviour or other alteration of any such Person or Persons such other Person or Persons to be imployed as shall be thought fit by the chief Governor or Governors for the time being by and with the advice and consent of
the said Lord Viscount Mountgarret and the rest of the Persons to be authorised as aforesaid or any Five or more of them and as to his Majesties Rents to grow due at Easter next and from thenceforth the same to be payable unto his Majesty notwithstanding any thing contained in the Article of the Act of Oblivion or in any other Article to the contrary but the same not to be written for or Lewed until a full settlement in Parliament as aforesaid 30. It is further concluded accorded and agreed by and between the said Parties and his Majesty is further graciously pleased That the Commissioners of Oâ—er and Terminer and Goal delivery to be named as aforesaid shall have power to hear and determine all Murthers Manslaughters Rapes Stealths Burning of Houses and Corn in Reek or Stacks Robberies Burglaries Forceable Entries Detainers of Possessions and other Offences committed or done and to be committed and â—one from the 15 th of September 1643 until the First day of the next Parliament These present Articles or any thing therein contained to the contrary notwithstanding Provided that the authority of the said Commissioners shall not extend to question any Person or Persons for doing or Committing any Act whatsoever before the conclusion of this Treaty by vertue or colour of any Warrant or Direction from those in pâ—ublick Authority among the Confederate Catholicks nor unto any Act which shall be done after the perfecting and concluding of these Articles by vertue or pretence of any authority which is now by these Articles agreed on Provided also the said Commission shall not continue longer than to the First day of the next Parliament In witness whereof his Excellency the Marquess of Ormond Lord Lieutenant of Iâ—eland his Majesties Commissioner to that part of these Articles remaining with the said Richard Lord Viscount Mountgarret c. and the said Lord Viscount Mountgarret c to that part of these Articles remaining with the said Lord Lieutenant have put their Hands and Seals at Dublin this 28 th day of March 1646 and in the Two and Twentieth Year of the Reign of our Sovereign King Charles King of Great Britain France and Ireland c. Appendix XXV The Petition of the Protestants of Munster against a Peace with the Irish to the Right Honourable the Lord Lieutenant General and Council of Ireland Humbly Sheweth THAT whereas after a long and happy enjoyment of the Peace and Prosperity under which by his Majesties Gracious Government this Land did lately flourish the Irish Papists of this Kingdom have on or about the Three and Twentieth day of October 1641 entred into a most Wicked and Treacherous Conspiracy to surprise the then Lords Justices and Council together with the City of Dublin and all other his Majesties Forts and Holds within this Kingdom intending thereby totally and at once to extirpate the Protestant Religion and English Nation from amongst them and consequently to alienate this Kingdom from the Crown and Government of England And for those ends although they were by the Divine Providence disappointed in the main point of that Bloody and Cruel design have pursued the same with indefatigable malice into Acts of open Rebellion and most inhumane Barbarism Robbing and Despoiling his Majesties good Subjects of their Lives and Fourtunes in all parts of the Kingdom insomuch as his Majesty for the Vindication of his Protestant Subjects from the cruel Rapines of the said Irish Papists was justly occasioned to denounce and undertake a War in this Kingdom the managing and support whereof he was graciously pleased to recommend to and entrust with his Parliament then sitting in England who having piously begun the great work of Suppressing the Cruelties of the aforesaid Irish were by the unhappy interposition of sundry fatal differences in England somented as may be greatly doubted by the Rebels of this Kingdom diverted from the careful and provident courses requisite in so important an affair By means whereof this Majesty who had undertaken the War for our defence was now constrained for our preservation to treat and conclude of a Cessation of Arms for Twelve Months space in which time he was made believe the aforesaid Irish Papists would submit to some 〈◊〉 and honourable conditions of Peace To when purpose Agents from the aforesaid Irish were admitted to have access to his Royal presence and his Majesty did not only in manifestation of his Pâ—ous and Paternal care of his Proteâ—â—ant Subjects command certain select persons welliâ—ensed and interested in the State and Affairs of this Kingâ—om to atâ—end his Royal Person and give information and assistance in the debate of so weighty a business but did also give admission to such Agents as his Protestant Subjects were able to imploy in representing their particular and general grievanced and sâ—fferings by the said Irish Papists who in the negotiation of that whole matter have endeavoured to make advantage of his Majesties 〈◊〉 and by sinister and corrupt means with a lavish expence of that treasure and those Estates which your Petitioners have been dispoled of by them to raise a Factious Party at the Court to seduce and misguide his Royal Majesty and to beguil his Judgment with a selfe opinion of their inclination to Peace and feigned forwardness to advanâ—â— his Service and to discountance and suppress those whose attendance his Majesty had required and those Agents whom your Petitioneâ—s imployed by which subtil and serpentine courses â—he said Irish Agents having quasht and deprest all opposers and accusers and removed all impediments to their 〈◊〉 ends of exâ—irpaâ—ing the English and before any equal debate of the cause proâ—â—red a transmission of the whole affair unto your Lordships with Power and Commission further to treat and conclude of such conditions as by those deceitful courses they had gained too great hope to be confirmed unto them which for some reasons was not thought fit to be done in England they do now with the same art and subtilty study to trick your Petitioners here before your Lordships and to compound for all their mischiefs multiplied upon the Heads of your Petitioners at their own rates And therefore at a time when neither your Petitioners nor any from them are present when the Agents imployed to his Sacred Majesty are unreturned to this Kingdom and whilst most of your Petitioners evidences of their detestable Treasons and horrible Barbarisms are remaining in England they endeavour to strike up the business with your Lordships upon such terms as your Petitioners who were once a considerable part of this late flourishing and now unhappy Kingdom have not the honour to be made privy unto or to be called or admitted to any debate of the business of that main influence upon themselves and their Posterity Wherefore your Petitioners having seen how far some Persons of Honour have been misguided and by secret and subtil contrivances drawn to become abused properties and instruments to accomplish the wicked designs of the aforesaid
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
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
Preston's Oath I Swear and Protest that I will adhere to the present Vnion of the Confederate Roman Catholicks that reject the Peace lately agreed and proclaimed at Dublin and will do nothing by Word Deed Writing Advice or otherwise to the prejudice of that Vnion and will to the uttermost of my Power advance and farther the good and preservation of it and of His Majesties Rights and the Priviledges of Free-born Subjects to the Natives of this Kingdom So help me God Appen XXXIII The Marquess of Clanrickard's Engagement on the renewal of the Peace of 1646. UPON the Engagement and Protestation of the Generals Nobility and Officers of the Confederate Catholick Forces hereunto annexed I Vlick Marquess of Clanrickard do on my part solemnly bind and engage my self unto them by the Reputation and Honour of a Peer and by the sacred Protestation upon the Faith of a Catholick in the Presence of Almighty God that I will procure the ensuing Undertakings to be made good unto them within such convenient time as Securities of that Nature which are to be fetcht from beyond Seas can be well procured or failing therein to unite my self to their party and never to sever from them and their Interests till I have secured them unto them First that there shall be a revocation by Act of Parliament of all the Laws in force within this Kingdom in as much as shall concern any Penalty Inhibition or Restraint upon Catholicks for the free Exercise of their Religion Secondly that they shall not be disturbed in the Enjoyment of their Churches or any others Ecclesiastical Possessions which were in their hands at the Publication of the last Peace until that matter with other referred already receive a Settlement upon a Declaration of His Majesties gracious intentions in a free Parliament held in this Kingdom His Majesty being a in free Condition himself And I do further engage my self never to consent to any thing that may bring them in hazard of being dispossessed and never to sever from them till I see them so secur'd therein either by Concession or by their Trust and Power from His Majesty in the Armies and Garrisons of this Kingdom as to put them out of all danger of being dispossessed of them And I do further engage my self that forthwith there shall be a Catholick Lieutenant-General of all the Forces of the Kingdom invested by His Majesties Authority that the Generals or either of them signing to the said Engagement shall be forthwith invested by His Majesties Authority with principal Commands worthy of them in the standing Army of this Kingdom and likewise in some important Garrison now under His Majesties Obedience and that a considerable Number of the Confederate Catholick Forces shall immediately be drawn into all the chief Garrisons under His Majesties Obedience And I do further assure proportionable Advantages to such of any other Armies in this Kingdom as shall in like manner submit uuto the Peace and His Majesties Authority That for security of as many of these particulars as shall not forthwith be performed and made good unto them by the Lord Marquess of Ormond I will procure them the King's Hand the Queens and Prince of Wales's Engagement and an Engagement of the Crown of France to see the same performed unto them and farther for their Assurance that my Lord Lieutenant shall engage himself punctually to observe such free Commands as he shall receive from His Majesty to the Advantage of the Catholicks of this Kingdom or during the King's want of Freedom from the Queen and Prince of Wales or such as shall be signified unto him to the samâ— effect to be the King 's positive Pleasure by the Lord Digby as principal Secretary of State and further that whilst the King shall be in an unfree Condition he will not obey any Orders which shall be procured from His Majesty by advantage of His Majesties want of Freedom to the Prejudice of what is undertaken And lastly I do protest that I shall never esteem my self discharged from this Engagement by any Power or Authority whatsoever Provided on both parts that this Engagement and Undertaking be not understood or extended to debar or hinder His Majesties Catholick Subjects of this Kingdom from the benefit of any further Graces and Favours which His Majesty may be graciously induced to concede unto them upon the Queens Mediation or any other Treaty abroad And I do farther engage my self to employ my utmost Endeavours and Power by way of Petition Solicitation and Perswasion to His Majesty to afford all the Subjects of this Kingdom that shall appear to have been injured in their Estates Redress in the next free Parliament I do also further undertake that all Persons joyning or that shall joyn in the present Engagement shall be included in the Act of Oblivion promised in the Articles of Peace for any Acts done by them since the Publication of the said Peace unto the Date of the said Engagement Dated November the Nineteenth 1646. Clanrickard Appen XXXIV The Engagement of General Preston and his Officers to the Lord Lieutenant WE the Generals Nobility and Officers of the Confederate Catholick Forces do solemnly bind and engage our selves by the Honour and Reputation of Gentlemen and Soldiers and by the sacred Protestation upon the Faith of Catholicks in the Presence of Almighty God both for our selves and as much as in us lies for all Persons that are or shall be under our Comand that we will from the Date hereof forward submit and conform our selves entirely and sincerely to the Peace concluded and proclaimed by His Majesties Lieutenant with such additional Concessions and Securities as the Right Honourable Vlick Lord Marquess of Clanrickard hath undertaken to procure and secure to us in such manner and upon such terms as is expressed in his Lordship's Undertakings and Protestation of the same Date hereunto annexed and signed by himself And we upon his Lordship's Undertaking engage our selves by the Bond of Honour and Conscience abovesaid to yield entire Obedience to His Majesties Lieutenant General and General Governour of this Kingdom and to all deriving Authority from them by Commission to command us in our several Degrees And that according to such Orders as we shall receive from them faithfully to serve His Majesty against all his Enemies or Rebels as well within this Kingdom as in any other part of his Dominions and against all Persons that shall not joyn with us upon these Terms in submission to the Peace of this Kingdom and to His Majesties Authority And we do further engage our selves under the said solemn Bonds that we will never either directly or indirectly make use of any Advantage or Power wherewith we shall be intrusted to the obliging of His Majesty or His Ministers by any kind of force to grant unto us any thing beyond the said Marquess of Clanrickard's undertaking but shall wholly rely upon His Majesties own free Goodness for what further Graces and
Favours he shall be graciously pleased to confer upon his faithful Catholick Subjects in this Kingdom according to their Obedience and Merit in his Service And we do further protest that we shall never esteem our selves disobliged from this Engagement by any Authority or Power whatsoever provided on both parties that this Engagement and Undertaking be not understood or extend to debar or hinder His Majesties Catholick Subjects of this Kingdom from the benefit of any further Graces and Favours which His Majesty may be graciously pleased to concede to them upon the Queens Majesties Mediation or any other Treaties abroad Appen XXXV The Declaration against the renewed Peace Anno 1646. By the Council and Congregation Kilkenny the 24th of November 1646. WE taking into consideration an Instrument intituled the Marquess of Clanrickard his Engagement of the Nineteenth of November 1646. Do first observe that his Lordship is qualified with no known Authority that might enable him to make good the undertaking therein expressed if they did contain advantagious Concessions as they do not and then let any Man judge that looks with an indifferent Eye whether the Peace of a Kingdom to follow thereupon be grounded on sufficient Foundation The next to be considered is the first Article where it is exprest that there shall be a Revocation of all the Laws in force in this Kingdom in as much as shall concern any Penalty Inhibition or Restraint upon Catholicks for the free Exercise of their Religion These words seem plausible but he that will look into the Statute of the Second of Elizabeth in the First Second Third and Fourth Chapters and other the Statutes of Force within this Kingdom will find that no Bishop can be made or consecrated or do the Office of a Bishop in conferring orders of Priesthood or granting Dispensations or Faculties or any Priest exercise his Function after the Rights of the Roman-Catholick Church by Authority of the See of Rome but that by express words of the said Statute of the Second of Elizabeth in one of the said Chapters the First offence of that nature is under pain of praemunire which extends to imprisonment during life and the Forfeiture of Goods and Lands the Second offence is Felony and the Third offence against that Law is High Treason in the Principals Abetters Relievers and Maintainers c. And the words of the said First Article do extend only to the revocation of the Penalties against the Exercise of Religion which will not take away the Branches of those Laws that are against the Exercise of Spiritual Jurisdictions or Functions so as all our Prelates and Priests are left subject to the former dangers which doubtless the Confederate Catholicks did intend to free them from upon the taking of their Oath of Association By one of the Chapters of that Statute of the Second of Elizabeth Catholick Service or Mass is excluded out of the Churches and the Common-Prayer Book which the Protestants used introduced and clearly for any thing mentioned in the said First Article no Mass can be said in any Church without incurring the Penalty ordained by that Law and those that are verâ—ed in the late Treaty with the Lord Lieutenant do well know and all others that saw an Instrument sent by the Lord Lieutenant in a Letter of the Seventh of August 1644 importing a Brief of Collections whereby the Singing Saying and Hearing of Mass was granted may observe that notwithstanding that Concession the Lord Lieutenant did add a Proviso that no Mass should be Said or Sung in Churches Cathedral or Parochial or Chappel thereunto belonging by means whereof and of an express denial to grant the Catholicks liberty to have a Catholick Bishop by any authority from the See of Rome and for want of other Concessions in matters of Religion without Provisoes or Clogs that would spoil them matters of Religion were referred by the late Articles to further or other Concessions And as we are taught by the Tenents of Catholick Doctrin that there can be no Catholick Religion nor essential parts thereof without Bishops who in matters of Religion depend and ought to depend of the See Apostolick and without Priests made by such Bishops or the Pope himself nor the Sacraments administred without such Prelates and Pastors therefore the Exercise of Religion as to those and several other particulars essential ought to made certain or else that the said Statutes of the Second of Elizabeth and the Statutes of Faculties in the Twenty Eighth of Henry the Eighth be totally Repealed as to his Majesties Roman-Catholick Subjects and a provision made by Act of Parliament for Roman-Catholick Bishops and Pastors to be and remain in this Kingdom with impunity Upon consideration of the Second Article where it is expressed that they shall not be disturbed in the enjoyment of their Churches or any other Ecclesiastical Possessions which were in their Hands at the publication of the late Peace until that matter with others referred already receive a settlement upon a Declaration of his Majesties gracious intentions in a free Parliament held in this Kingdom his Majesty being in a free condition himself It is apparent by this Second Article besides what is said before that the First Article concerning the Revocation of the Penal Laws is not intended by the undertaking of that engagement to extend to the taking away of the Penal Laws that prohibit Mass to be said in Churches and seemeth as to the Churches to put us by our own assent to this Proposition in worse condition than we were by the late rejected Peace for then and still we have the resolution of the General Assembly expressed in an order to hold our Churches always and not to part with them And now if this Second Article were agreed on we express only a promissive enjoying of them until Parliament and so are left as to that in a worse condition than before and even until Parliament it self there is no security at all for Churches or Church Livings within our Quarters other than the undertaking of the said Lord Marquess of Clanrickard who is subject to Mortality and Changes as other Mortal Men and who was never yet of our Vnion and admit this were an assurance till Parliament the same will fall on the Kings Declaration to the contrary if in a free condition which Declaration to be contrary may probably be expected so long as his Majesty is of a different Religion and before that Parliament be all Persons engaged or to be engaged are subject to Mortality Upon all which we see no security at all for Churches or Church-Livings As to the Third it containeth no concession and is but an engagement of the said Lord Marquess his Word which is uncertain and unsafe to rely on without mentioning what Garrisons and what Catholicks in them and what number and by whom they are to be commanded in regard the Commander in chief may by his Order remove or alter them as he sees cause
without looking after the Lord Marquess of Clanrickard for Advice or Consent and in effect if the number to be put into Garrisons be not so ascertained ☜ that it may master the rest there from the Protestant Party it is but to offer our Men to the Slaughter and expose our selves to what conditions they please our Army abroad being thereby diminished and the Party put into Garrison subject to be removed at the pleasure of him that shall command in chief As to the Fourth whether the Catholick Lord General be of the Catholick Union or faithful to the same and what Commands to be conferred on our Generals or Commanders or upon which of them or for what time to continue or to what chief Garrisons they shall be drawn or in what number or how long they shall continue there are wholly uncertain and all the particulars are alterable and subject to the Will and Pleasure of the Chief Governor for the time being The Fifth only is matter of Security and mends not the conditions granted if the same were obtained as is propounded and if our Union were dissolved by any agreement before performance what means is left us to expect or obtain performance And certainly where the Lord Marquess of Clanrickard grounds all he doth in this on his own undertaking without Warrant from his Majesty we cannot prudently suppose having no other Grounds for it but his Majesty will disavow it when he did disavow the undertaking of the Earl of Glamorgan to the Confederate Cathotholicks made more solemnly to the Persons wherewith the Government was entrusted and who had thus far an advantage beyond the Marquess of Clanrickard that his Lordships the Earl of Glamorgans Concessions were grounded on his Majesties known authority under his Seal Manual and attested with his Royal Signature whereas the Marquess of Clanrickard goeth only on his own undertaking As to the Sixth it containeth no certain command or order which may in future be had from his Majesty and being a certain contingency needeth no Answer As to the Seventh concerning his Lordships undertaking to sollicite for redress to be had in the next Parliament therein we find no manner of assurance for all those who unjustly lost their Estates in Ireland other than that the Lord Marquess of Clanrickard will Petition sollicite perswade and use his best endeavours whereof no man is Judge but himself and the event and engagement uncertain and the Act of Oblivion being only by that instrument of engagement to extend to those that shall joyn therein and which engagement is now suddenly expected to be concluded there all others of the Nation that are absent who cannot joyn therein so suddenly and are not privy are left open to the danger of the extremities of the Law both for their Lives and Estate And lastly we conclude that the General Assemby now at hand is the only means left to conclude a certain stable Peace in this Kingdom and no private or particular undertaking of any Subject unqualified with any appearing authority besides the former inducements to satisfy you you ought seriously to consider that the Earl of Glamorgans Concessions grounded on his Majesties authority and read in the General Assembly held in Lent last and on which they wholly relyed will by these propositions if accepted be absolutely waved contrary to the intention of the whole Kingdom which we desire may be seriously reflected on amongst the rest those Concessions by many degrees being more valuable and grounded on clearer authority than the offerings or undertakings now made John Baptista Archiepiscopus Firmanus Nuncius Apostolicus Jo. Clonfert Emer Clogherensis Louthe Fr. Pa. Plunket Alexander Mac Dnonel N. Plunket Robert Lynch Piers Butler Appen XXXVI A Declaration of the General Assembly against the Peace of 1646. THis Assembly having met to consider of the great affairs of the Kingdom and for the settlement thereof have seen and perused a Decree Dated the 12 of August 1646 made and published by the Congregation of the Clergy then convened at Waterford by which the Peace contained in Thirty Articles past betwixt the Lord Marquess of Ormond Lord Lieutenant of Ireland on his Majesties behalf and certain Commissioners intrusted by the Confederate Catholicks of Ireland was declared unsafe and under penalty of Censure not to be accepted or adhered unto by the said Confederate Catholicks and protested against as not containing security for the free exercise of the Catholick Religion and having likewise at large heard what the said Commissioners the late Supream Council and Committe of Instructions produced from the grounds they proceeded on do find as to that part which concerneth Religion the said Commissioners Council and Committee did not rely only on the said Thirty Articles but also on certain other Articles perâ—ected and agreed on between the said Commissioners of the one part and the Right Honourable the Earl of Glamorgan on the other part by Authority from his Majesty to the said Earl which Authority ensueth in haec verba and so recites it verbatim Which Articles contain so advantagious Concessions for matters of Religion together with such other strong motives and encouragements upon which the said Commissioners Council and Committee resolved to insist and upon breach thereof to call an Assembly and resume their former Power as by an Order of this House and other Orders of the Council did appear unto this Assembly as did induce the said Commissioners and Committee to conclude the said Peace though by reason of many Accidents happened since the said Agreement which were offered in the debate of this Cause in the House the said Agreement with the Earl of Glamorgan was and is held unsecured to be relied on for the free exercise of the Catholick Religion by the said Confederate Catholicks This Assembly therefore most humbly acknowledging his Majesties gracious and favourable intentions expressed in many particulars of the said Articles and Agreements yet forasmuch as the said Confederate Catholicks are not satisfied or secured by the said Peace in their Religion Lives Estates or Liberties therefore and for many other Important Reasons and Weighty Considerations the said General Assembly may not accept of nor submit unto the said Peace and do hereby protest against it and do declare the same Invalid and of no Force to all intents and purposes And do farther declare that this Nation will not accept of any Peace not containing sufficient and satisfactory security for their Religion Estates Lives and Liberties of the said Confederate Catholicks And this Assembly do likewise declare that the said Council Committee of Instructions and Commissioners of the Treaty have faithfully and sincerely carried and demeaned themselves in their said Negotiation pursuant and according to the trust reposed in them and gave thereof a due acceptable account to this Assembly Given at Kilkenny the Second of February 1646. Ex. per Phillip Carny Cl. Gen. Concil Hiberniae Appen XXXVII The Marquess of Clanrickard's Letter to Sir Luke
continue free Traffick and Commerce with all his Majesties good Subjects of England and that we will not in the least manner prejudice any of them that shall have recourse to our Harbours either in their Bodies Ships or Goods nor shall we take any thing from them without payment of ready mony for the same And now that by his Majesties said Command we have proceeded to re-enter upon the work of his service in this Province we conceive no higher Testimony can be be given of his Majesties acceptation or of the estimation we bear about us towards their proceeding than by resorting unto them in person with his Majesties Authority and exhibiting unto them the incouragement and satisfaction they may receive in this assurance that as we bear an especial regard to their present undertakings and performances accompanied with a real sense of their former sufferings so least there should any advantage be derived unto those who endeavour to improve all opportunities of sowing sedition and distrust by this suggestion that the former differences in judgement and opinion which have induced persons to serve diversly under his Majesty and the Parliament will occasion prejudice or ill resentments to arise towards such Persons as have not formerly concurred in judgment with others in his Majesties service We do declare that we are qualified with special Power and Authority from his Majesty to assure them that no distinction shall be made in any such consideration but that all persons now interested and engaged in this cause shall be reflected upon with equal favour and regard and that we shall make it our endeavours so to improve and confirm his Majesties Gracious disposure towards them as that we will never call to memory any past difference in Opinion Judgment Action or Profession to the prejudice of any Member of this Army or any person relating to it but on the contrary shall be very ready to attest our good affections towards them in the discharge of such good Offices as shall be in our power in return whereof we shall only expect their perseverance in their present ingagements for his Majesties service with such alacrity constancy and affection as may suit with their late publick Declaration and Professions To whom we desire this assurance also may be inculcated that as we shall in the future use our utmost care and diligence to provide for their preservation from the like hardships to those they have formerly undergone so we have already employed our best industry and endeavours for the settlement of such a course as we may with most reason hope will in these uncertain times produce a constant and competent subsistence for them enabling them to make such a progress in their present undertakings as may with the accomplishment of the great ends thereof establish their own Honour and content Thus much we have thought fit to publish unto the world to furnish it with an evidence of strong conviction against us if we ever swerve to the best of our power from the just ways of maintaining the true Protestant Religion the Honour and Interest of his Sacred Majesty the just Rights of Parliament the Liberties of the Subjects and the safety quiet and wellfare of the people instrusted to our Care At Cork 6 Octob. 1648 Append. XLIII Articles of Peace made concluded accorded and agreed upon by and between his Excellency James Lord Marquess of Ormond Lord Lieutenant General and General of his Majesties Kingdom of Ireland for and on the behalf of his most Excellent Majesty by vertue of the Authority wherewith the said Lord Lieutenant is instrusted on the one part And the General Assembly of the Roman Catholicks of the said Kingdom for and on the behalf of His Majesties Roman Catholick Subjects of the same on the other part HIs Majesties Roman Catholick Subjects as thereunto bound by allegiance duty and nature do most humbly and freely acknowledge and recognize their Soveraign Lord King Charles to be lawful and undoubted King of this Kingdom of Ireland and other his Highness ' s Realms and Dominions And his Majesties said Roman Catholick Subjects appreheuding with a deep sence the sad condition where unto His Majesty is reduced As a farther testimony of their Loyalty Do declare that they and their posterity for ever to the utmost of their power even to the expence of their blood and fortunes will maintain and uphold His Majesty His Heirs and lawful Successors their Rights Prerogatives Government and Authority and thereunto freely and heartily will render all due obedience Of which faithful and loyal recognition and declaration so seasonablly made by the said Roman Catholickes His Majesty is graciously pleased to accept and accordingly to own them His loyal and dutiful Subjects And is further graciously pleased to extend unto them the following graces and securities 1. IMprimis It is concluded accorded and agreed upon by and between the said Lord Lieutenant for and on the behalf of His most Excellent Majesty and the said General Assembly for and on the behalf of the said Roman Catholick Subjects and his Majesty is graciously pleased that it shall be enacted by Act to be passed in the next Parliament to be held in this Kingdom that all and every the Professors of the Roman Catholick Religion within the said Kingdom shall be free and exempt from all Mulcts Penalties Restraints and Inhibitions that are or may be imposed upon them by any Law Statute Usage or Custom whatsoever for or concerning the free exercise of the Roman Catholick Religion And that it shall be likewise enacted that the said Roman Catholicks or any of them shall not be questioned or molested in their Persons Goods or Estates for any matter or cause whatsoever for concerning or by reason of the free exercise of their Religion by vertue of any Power Authority Statute Law or Usage whatsoever And that it shall be further enacted That no Roman Catholick in this Kingdom shall be compelled to exercise any Religion Form of Devotion or Divine Service other than such as shall be agreeable to their Conscience and that they shall not be prejudiced or molested in their Persons Goods or Estates for not observing using or hearing the Book of Common-Prayer or any other Form of Devotion or Divine Service by vertue of any Colour or Statute made in the second Year of Queen Eliz. or by vertue or colour of any other Law Declaration of Law Statute Custom or Usage whatsoever made or declared or to be made or declared And that it shall be further enacted that the Professors of the Roman Catholick Religion or any of them be not bound or obliged to take the Oath commonly called the Oath of Supremacy expressed in the Stat. of 2 El. c. 1. or in any other Statute or Statutes And that the said Oath shall not be tendered 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 viz. I A. B. do hereby acknowledge profess testifie and declare in my Conscience before God and the World that our Sovereign Lord King Charles is lawful and rightful King of this Realm and of other his Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty and His Heirs and Successors and Him and them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against His or Their Crown and Dignity and do my best endeavour to disclose and make known to His Majesty His Heirs and Successors or to the Lord Deputy or other His Majesties chief Governor or Governors for the time being all Treason or Traiterous Conspiracies which I shall know or hear to be intended against His Majesty or any of Them And I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God c. Nevertheless the said Lord Lieutenant doth not hereby intend that any thing in these Concessions contained shall extend or be construed to extend to the granting of Churches ☞ Church-Livings or the exercise of Jurisdiction the authority of the said Lord Lieutenant not extending so far yet the said Lord Lieutenant is authorized to give the said Roman Catholicks full assurance as hereby the said L. Lieut. doth give unto the said Rom. Catholicks full assurance that they or any of them shall not be molested in the possession which they have at present of Churches and Church-Livings or of the exercise of their respactive Jurisdictions as they now exercise the same until such time as His Majesty upon a full consideration of the desires of the said Roman Catholicks in a Free Parliament to be held in this Kingdom shall declare his further Pleasure 2. Item It is concluded accorded and agreed upon by and between the said Parties and his Majesty is further graciously pleased that a Free Parliament shall be held in this Kingdom within six months after the Date of these Articles of Peace or as soon after as Thomas Lord Viscount Dillon of Costologh Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander Mac Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewal Baronet Jeffery Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerâ—ald Fennel Esquires or the major part of them will desire the same so that by possibility it may be held and that in the mean time and until the Articles of these Presents agreed to be passed in Parliament be accordingly passed the same shall be inviolably observed as to the matters therein contained as if they were enacted in Parliament And that in case a Parliament be not called and held in this Kingdom within two years next after the Date of these Articles of Peace then his Majesties Lord Lieutenant or other his Majesties chief Governor or Governors of this Kingdom for the time being will at the request of the said Thomas Lord Viscount Dillon c. or the major part of them call a General Assembly of the Lords and Commons of this Kingdom to attend upon the said Lord Lieutenant or other his Majesties chief Governor or Governors of this Kingdom for the time being in some convenient place for the better setling of the affairs of the Kingdom And it is further concluded accorded and agreed by and between the said parties that all matters that by these Articles are agreed upon to be passed in Parliament shall be transmitted into England according to the usual form to be passed in the said Parliament and that the said Acts so agreed upon and so to be passed shall receive no disjunction or alteration here or in England Provided that nothing shall be concluded by both or either of the said Houses of Parliament which may bring prejudice to any of his Majesties Protestant Party or their Adherents or to his Majesties Roman Catholick Subjects or their Adherents other than such things as upon this Treaty are concluded to be done or such things as may be proper for the Committee of Priviledges of either or both Houses to take cognizance of as in such cases heretofore hath been accustomed and other than such matters as his Majesty will be graciously pleased to declare his further pleasure in to be passed in Parliament for the satisfaction of his Subjects and other than such things as shall be propounded to either or both Houses by his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being during the said Parliament for the advancement of his Majesties Service and the Peace of the Kingdom which clause is to admit no construction which may trench upon the Articles of Peace or any of them and that both Houses of Parliament may consider what they shall think convenient touching the Repeal or Suspension of the Statute commonly called Poyning's Act Entituled An Act That no Parliament be holden in that Land until the Acts be certified into England 3. Item It is further concluded accorded and agreed upon by and between the said Parties and his Majesty is graciously pleased That all Acts Ordinances and Orders made by both or either Houses of Parliament to the blemish dishonour or prejudice of his Majesties Roman Catholick Subjects of this Kingdom or any of them sithence the seventh of August 1641. shall be vacated and that the same and all Exemplifications and other Acts which continue the memory of them be made void by Act to be past in the next Parliament to be held in this Kingdom and that in the mean time the said Acts or Ordinances or any of them shall be no prejudice to the said Roman Catholicks or any of them 4. Item It is also concluded and agreed upon and his Majesty is likewise graciously pleased that all indictments attainders outlawries in this Kingdom and all the processes and other proceedings thereupon and all Letters Patents Grants Leases Customs Bonds Recognizances and all Records Act or Acts Office or Offices Inquisitions and all other things depending upon or taken by reason of the said Indictments Attainders or outlawries sithence the seventh day of August 1641. in prejudice of the said Catholicks their Heires Executors Administrators or Assignes or any of them or the Widows of them or any of them shall be vacated and made void in such sort as no memory shall remain thereof to the blemish dishonour or prejudice of the said Catholicks their Heirs Executors Administrators or Assignes or any of them or the Widows of them or any of them and that to be done when the said Thomas Lord Viscount Dillon c. or the major part of them shall desire the same so that by possibility it may be done and in the mean time that no such indictments attainders outlawries processes or any other proceedings thereupon or any letters patents grants leases custodiums
bonds recognizances or any Record or acts office or offices inquisitions or any other thing depending upon or by reason of the said indictments attainders or outlawries shall in any sort prejudice the said Roman Catholicks or any of them but that they and every of them shall be forthwith upon perfection of these Articles restored to their respective possessions and hereditaments respectively provided that no man shall be questioned by reason hereof for measne rates or wastes saving wilful wastes committed after the first day of May last past 5. Item It is likewise concluded accorded and agreed and his Majesty is graciously pleased that as soon as possible may be all impediments which may hinder the said Roman Catholicks to sit or vote in the next intended Parliament or to choose or to be chosen Knights and Burgesses to sit or vote there shall be removed and that before the said Parliament 6. Item It is concluded accorded and agreed upon and his Majesty is further gratiously pleased that all debts shall remain as they were upon the 23. of October 1641. Notwithstanding any disposition made or to be made by vertue or colour of any attainder outlawry fugacy or other forfeiture and that no disposition or grant made or to be made of any such debts by vertue of any attainder outlawry fugacy or other forfeiture shall be of force and this to be passed as an act in the next Parliament 7. Item It is further concluded accorded and agreed upon and his Majesty is graciously pleased that for the securing of the Estates or reputed Estates of the Lords Knights Gentlemen and Free-holders or reputed Free holders as well of Connaght and County of Clare or Country of Thomond as of the Counties of Limerick and Tipperary the same be secured by Act of Parliament according to the intent of the 25. Article of the graces granted in the fourth year of his Majesties Reign the tenor whereof for so much as concerneth the same doth ensue in these words viz. We are graciously pleased that for the Inhabitants of Connaght and Country of Thomond and County of Clare that their several Estates shall be confirmed unto them and their Heirs against us and our Heirs and Successors by Act to be passed in the next Parliament to be holden in Ireland to the end the same may never hereafter be brought into any further question by Us or Our Heirs and Successors In which Act of Parliament so to be passed you are to take care that all tenures in capite and all Rents and Services as are now düe or which ought to be answered unto us out of the said Lands and premises by any Letters Pattents past thereof since the first year of King Henry the Eight or found by any Office taken from the said first year of King Henry the Eight until the 21. of July 1645. whereby our late dear Father or any his Predecessors actually received any profit by wardship liveries primer-seisins measne rates ousterlemains or fines of alienations without License be again reserved unto Us Our Heirs and Successors and all the rest of the premises to be holden of our Castle of Athlone by Knights service according to Our said late Fathers Letters notwithstanding any tenures in capite found for Us by Office since the 21. of July 1615. and not appearing in any such Letters Patents or Offices within which Rule his Majesty is likewise graciously pleased that the said Lands in the Counties of Limerick and Tipperarie be included but to be held by such Rents and Tenures only as they were in the fourth year of his Majesties Reign provided always that the said Lords Knights Gentlemen and Freeholders of the said Province of Connaght County of Clare and Country of Thoâ—â—â—â— and Counties of Tipperarie and Limerick shall have and enjoy the full benefit of such composition and agreement which shall be made with his most Excellent Majesty for the Court of Wards Tenures Respits and issues of Homage any clause in this Article to the contrary notwithstanding and as for the Lands within the Counties of Kilkennie and Wickloe unto which his Majesty was intituled by Offices taken or found in the time of the Earl of Straffords Government in this Kingdom his Majesty is further graciously pleased that the State thereof shall be considered in the next intended Parliament where his Majesty will assent unto that which shall be just and honourable and that the like act of Limitation of his Majesties Titles for the security of the Estates of his Subjects of this Kingdom be passed in the said Parliament as was enacted in the 21. year of his late Majesty King James his Reign in England 8. Item It is further concluded accorded and agreed upon and his Majesty is further graciously pleased that all incapacities imposed upon the Natives of this Kingdom or any of them as Natives by any Act of Parliament Provisoes in Patents or otherwise be taken away by Act to be passed in the said Parliament and that they may be enabled to erect one or more Innes of Court in or near the City of Dublin or elsewhere as shall be thought fit by his Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being and in case the said Innes of Court shall be erected before the first day of the next Parliament then the same shall be in such place as his Majesties Lord Lieutenant or other cheif Governour or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon or any seven or more of them shall think fit and that such Students Natives of this Kingdom as shall be therein may take and receive the usual degrees accustomed in any Inns of Court they taking the insuing Oath viz. I. A. B. Do hereby acknowledge profess testifie and declare in my Conscience before God and the world that our Sovereign Lord King Charles is lawful and rightful King of this Realm and of other His Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty and His Heirs and Successors and Him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever which shall be made against his or their Crown and Dignity and do my best endeavour to disclose and make known to His Majesty His Heirs and Successors or to the Lord Deputy or other His Majesties Chief Governour or Governours for the time being all Treasons or Traiterous conspiracies which I shall know or hear to be intended against His Majesty or any of them and I do make this Recognition and acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God c. And his Majesty is further graciously pleased that his Majesties Roman Catholick Subjects may erect and keep free-Schools for Education of youths in this Kingdom any Law or Statute to the contrary notwithstanding and that all
the matters assented unto in this Article be passed as Acts of Parliament in the said next Parliament 9. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that places of command honour profit and trust in his Majesties Armies in this Kingdom shall be upon perfection of these Articles actually and by particular instances conferred upon his Roman Catholick Subjects of this Kingdom and that upon the distribution conferring and disposing of the places of command honour profit and trust in his Majesties Armies in this Kingdom for the future no difference shall be made between the said Roman Catholicks and other his Majesties Subjects But that such distribution shall be made with equal indifferency according to their respective merits and abilities and that all his Majesties Subjects of this Kingdom as well Roman Catholicks as others may for his Majesties service and their own security arm themselves the best they may wherein they shall have all fitting incouragement and it is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that places of command honour profit and trust in the civil Government in this Kingdom shall be upon passing of the Bills in these Articles mentioned in the next Parliament actually and by particular instances conferred upon his Majesties Roman Catholick Subjects of this Kingdom and that in the distribution conferring and disposal of the places of command honour profit and trust in the civil Government for the future no difference shall be made between the said Roman Catholicks and other his Majesties Subjects but that such distribution shall be made with equal indifferences according to their respective merits and abilities and that in the distribution of ministerial offices or places which now are or hereafter shall be void in this Kingdom equality shall be used to the Roman Catholick Natives of this Kingdom as to others his Majesties Subjects and that the command of Forts Castles Garrisons Towns and other places of importance in this Kingdom shall be conferred upon his Majesties Roman Catholick Subjects of this Kingdom upon perfection of these Articles actually and by particular instances and that in the distribution conferring and disposal of the Forts Garrisons Towns and other places of importance in this Kingdom no difference shall be made between his Majesties Roman Catholick Subjects of this Kingdom and other his Majesties Subjects but that such distribution shall be made with equal indifferences according to their respective merits and abilities and that until full settlement in Parliament fifteen thousand foot and two thousand and five hundred Horse of the Roman Catholicks of this Kingdom shall be of the standing Army of this Kingdom And that until full settlement in Parliament as aforesaid the said Lord Lieutenant or other Chief Governour or Governours of this Kingdom for the time being and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall diminish or add unto the said number as they shall see cause from time to time 10. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that his Majesty will accept of the yearly rent or annual sum of of twelve thousand pounds sterling to be apploted with indifferencey and equality and consented to be paid to his Majesty his Heirs and Successors in Parliament for and in lieu of the Court of Wards in this Kingdom tenures in Capite Common Knights service and all other tenures within the cognizance of that Court and for and in lieu of all Wardships primer-seisins fines ousterlemains liveries intrusions alienations measne rates releases and all other profits within the cognizance of the said Court or incident to the said tenures or any of them or fines to accrew to his Majesty by reason of the said tenures or any of them and for and in lieu of respits and issues of homage and fines for the same And the said yearly rent being so applotted and consented unto in Parliament as aforesaid then a Bill is to be agreed on in the said Parliament to be passed as an Act for the securing of the said yearly Rent or annual sum of twelve thousand pounds to be applotted as aforesaid and for the extinction and taking away of the said Court and other matters aforesaid in this Article contained And it is further agreed that reasonable compositions shall be accepted for Wardships fallen since the 23 of October 1641. and already granted and that no wardships fallen and not granted or that shall fall shall be passed until the success of this Article shall appear and if his Majesty be secured as aforesaid than all Wardships fallen since the said 23 of Octob. are to be included in the agreement aforesaid upon composition to be made with such as have grants as aforesaid which composition to be made with the grantees since the time aforesaid is to be left to indifferent persons and the umpirage to the said Lord Lieutenant 11. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that no Nobleman or Peer of this Realm in Parliament shall be hereafter capable of more proxies than two and that blank proxies shall be hereafter totally dis-allowed and that if such Noble Men of Peers of this Realm as have no Estates in this Kingdom do not within five years to begin from the conclusion of these Articles purchase in this Kingdom as followeth viz. A Lord Baron 200 l. per annum a Lord Viscount 400 l. per annum and an Earl 600 l. per annum a Marquess 800 l. per annum a Duke 1000 l. per annum shall loose their Votes in Parliament until such time as they shall afterwards acquire such Estates respectively and that none be admitted in the House of Commons but such as shall be Estated and resident within this Kingdom 12. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that as for and concerning the independency of the Parliament of Ireland on the Parliament of England his Majesty will leave both houses of Parliament in this Kingdom to make Declaration therein as shall be agreeable to the Laws of the Kingdom of Ireland 13. Item It is further concluded and agreed upon by and between the said parties and his Majesty is further graciously pleased that the Council-Table shall contain it self within its proper bounds in handling matters of State and Weight fit for that place amongst which the Patents of plantation and the Offices whereupon those Grants are founded to be handled as matters of State and to be heard and determined by his Majesties Lord Lieutenant or other chief Governour or Governours for the time being and the Council publickly at the Counsel-Board and not otherwise but
Titles between party and party grown after these patents granted are to be left to the ordinary course of Law and that the Counsel-Table do not hereafter intermeddle with common business that is within the cognizance of the ordinary Courts nor with the altering of possessions of Lands nor make nor use private Orders hearings or references concerning any such matter nor grant any injunction or order for stay of any suits in any civil cause and that parties grieved for or by reason of any proceedings formerly had there may commence their suits and prosecute the same in any of his Majesties Courts of Justice or Equity for Remedy of their pretended rights without any restraint or interruption from his Majesty or otherwise by the chief Governour or Governours and Council of this Kingdom and that the proceedings in the respective Presidency Courts shall be pursuant and according to his Majesties printed Book of Instructious and that they shall contain themselves within the limits prescribed by that Book when the Kingdom shall be restored to such a degree of quietness as they be not necessarily enforced to exceed the same 14. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased That as for and concerning one Statute made in this Kingdom in the eleventh year of the Reign of Queen Elizabeth intituled led an Act for staying of Wool Flocks Tallow and other necessaries within this Realm and another Statute made in the said Kingdom in the twelfth year of the Reign of the said Queen intituled an Act c. And one other Statute made in the said Kingdom in the 13 year of the Reign of the said late Queen intituled an Exemplanation of the Act made in a Session of this Parliament for the staying of Wool Flocks Tallow and other wares and commodities mentioned in the said Act and certain Articles added to the same Act all concerning staple or native Commodities of this Kingdom shall be repealed if it shall be so thought fit in the Parliament excepting for Wool and Woolfels and that such indifferent persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon Esq c. or any seven or more of them shall be authorized by Commission under the great Seal to moderate and ascertain the rates of merchandize to be exported or imported out of or into this Kingdom as they shall think fit 15. Item It is concluded accorded and agreed by and between the said parties and his Majesty is graciously pleased that all and every person and persons within this Kingdom pretending to have suffered by Offices found of several Countries Territories Lands and Hereditaments in the Province of Ulster and other Provinces of this Kingdom in or since the first of King James his Reign or by Attainders or Forfeitures or by pretence and colour thereof since the said first year of King James or by other Acts depending on the said Offices attainders and forfeitures may petition his Majesty in Parliament for relief and redress and if after examination it shall appear to his Majesty the said persons or any of them have been injured then his Majesty will prescribe a course to repair the person or persons so suffering according to Justice and Honour 16. Item It is further concluded accorded and agreed upon by and between tht said parties and his Majesty is graciously pleased that as to the particular Cases of Maurice Lord Viscount de Rupe and Fermoy c. they may petition his Majesty in the next Parliament whereupon his Majesty will take such consideration of them as shall be just and fit 17. Item It is likewise concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased That the Citizens Free-men Burgesses and former Inhabitants of the City of Cork Towns of Youghal and Dungarven shall be forthwith upon perfection of these Articles restored to their respective possessions and estates in the said City and Towns respectively where the same extends not to the endangering of the said Garrisons in the said City and Towns In which case so many of the said Citizens and Inhabitants as shall not be admitted to the present possession of their houses within the said City and Towns shall be afforded a valuable annual Rent for the same until settlement in Parliament ☞ at which time they shall be restored to those their possessions And it is further agreed and his Majesty is graciously pleased That the said Citizens Free-men Burgesses and Inhabitants of the said City of Cork and Towns of Youghal and Dungarven respectively shall be enabled in convenient time before the next Parliament to be hold in this Kingdom to chuse and return Burgesses into the same Parliament 18. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that an Act of Oblivion be past in the next Parliament to extend to all his Majesties Subjects of this Kingdom and their Adherents of all Treasons and Offences capital criminal and personal and other Offences of what nature kind or quality soever in such manner as if those Treasons or Offences had never been committed perpertrated or done That the said Act do extend to the Heirs Children Kindred Executors Administrators Wives Widows Dowagers or Assigns of such of the said Subjects and their Adherents who died on before or since the 23d of Octob. 1641. That the said Act do relate to the first day of the next Parliament that the said Act do extend to all Bodies Politick and Corporate and their respective Successors and unto all Cities Boroughs Counties Baronies Hundreds Towns Villages Tithings and every of them within this Kingdom for and concerning all and every of the said Offences or any other Offence or Offences in them or any of them committed or done by his Majesties said Subjects or their Adherents or any of them before in or since the 23d of Octob. 1641. Provided this Act shall not extend to be construed to pardon any Offence or Offences for which any person or persons have been convicted or attainted of Record at any time before the 23d of Octob. in the year of our Lord 1641. That this Act shall extend to Piracies and all other Offences committed upon the Sea by his Majesties said Subjects or their Adherents or any of them That in this Act of Oblivion words of release acquittal and discharge be inserted that no person or persons Bodies politick or Corporate Counties Cities Burroughs Baronnies Hundreds Towns Villages Tithings or any of them within this Kingdom included within the said Act be troubled impeached sued inquieted or molested for or by reason of any offence matter or thing whatsoever comprised within the said Act and the said Act shall extend to all Rents Goods and Chattels taken detained or grown due to the Subjects of the one party from the other
since the 23d of Octob. 1641. to the date of these Articles of Peace and also to all Customs Rents Arrears of Rents Prizes Recognizances Bonds Fines Forfeitures Penalties and to all other Profits Perquisites and Dues which were due or did or should accrue to his Majesty on before or since the 23d of Octob. 1641. until the perfection of these Articles and likewise to all Measne Rates Fines of what nature soever Recognizances Judgments Executions thereupon and Penalties whatsoever and to all other Profits due to his Majesty since the said 23d of October and before until the perfection of these Articles for by reason or which lay within the survey or Cognizance of the Court of Wards and also to all Respits Issues of Homage and Fines for the same provided this shall not extend to discharge or remit any of the Kings Debts or Subsidies due before the said 23d of Octob. 1641. which were then or before levied or taken by the Sheriffs Commissioners Receivers or Collectors and not then or before accounted for or since disposed to the publick use of the said Rom. Catholick Subjects but that such persons may be brought to account for the same after full settlement in Parliament and not before unless by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them as the said L. Lieut. otherwise shall think fit Provided that such barbarous and inhumane Crimes as shall be particularized and agreed upon by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them as to the Actors and Procurers thereof be left to be tried and adjudged by such indifferent Commissioners as shall be agreed upon by the said Lord Lieutenant and the said Tho. Lord Viscount Dillon c. or any seven or more of them and that the power of the said Commissioners shall continue only for two years next ensuing the date of their Commission which Commission is to issue within six Months after the Date of these Articles Provided also that the Commissioners to be agreed on for the Trial of the said particular Crlnies to be excepted shall hear order and determine all Cases of Trust where relief may or ought in equity to be afforded against all manner of persons according to the Equity and Circumstances of every such Cases and his Majesties chief Governor or Governors and other Magistates for the time being in all his Majesties Courts of Justice and other his Majesties Officers of what condition or quality soever be bound and required to take notice of and pursue the said Act of Oblivion without pleading or suit to be made for the same and that no Clerk or other Officers do make out or write out any manner of Writs Processes Summons or other Precept for concerning or by reason of any matter cause or thing whatsoever released forgiven discharged or to be forgiven by the said act under pain of 20 l. sterling And that no Sheriff or other Officer do execute any such Writ Process Summons or Precept and that no Record Writing or Memory do remain of any Offence or Offences released or forgiven or mentioned to be forgiven by this Act and that all other clauses usually inserted in Acts of general pardon or oblivion enlarging his Majesties grace and mercy not herein particularised be inserted and comprised in the said Act when the Bill shall be drawn up with the exceptions already expressed and none other Provided always that the said Act of oblivion shall not extend to any Treason Felony or other Offence or Offences which shall be committed or done from or after the date of these Articles until the first day of the before mentioned next Parliament to be held in this Kingdom Provided also that any Act or Acts which shall be done by vertue pretence or in pursuance of these Articles of peace agreed upon or any Act or Acts which shall be done by vertue colour or pretence of the power or authority used or exercised by and amongst the Confederate Roman Catholicks after the date of the said Articles and before the said publication shall not be accounted taken or construed or to be Treason Felony or other Offence to be excepted out of the said Act of oblivion Provided likewise that the said Act of oblivion shall not extend unto any person or persons that will not obey and submit unto the peace concluded and agreed on by these Articles Provided further that the said Act of oblivion or any thing in this Article contained shall not hinder or interrupt the said Thomas Lord Viscount Dillon c. or any seven or more of them to call to an account and proceed against the Council and Congregation and the respective Supream Councels Commissioners general appointed hitherto from time to time by the Confederate Catholicks to manage their affairs or any other person or persons accomptable to an accompt for their respective receipts and disbursements since the beginning of their respective imployments under the said Confederate Catholicks or to acquit or release any arrears of Excises Customs or publick Taxes to be accounted for since the 23. of Octob. 1641. and not disposed of hitherto to the publick use but that the parties therein concerned may be called to an account for the same as aforesaid by the said Thomas Lord Viscount Dillon c. or any seven or more of them the said act or any thing therein contained to the contrary notwithstanding 19. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that an act be passed in the next Parliament prohibiting that neither the Lord Deputy or other chief Governor or Governors Lord Chancellor Lord High-Treasurer Vice-Treasurer Chancellor or any of the Barons of the Exchequer Privy-Councel or Judges of the four Courts be Farmers of his Majesties Customs within this Kingdom 20. Item It is likewise concluded accorded and agreed and his Majesty is graciously pleased that an act of Parliament pass in this Kingdom against Monopolies such as was enacted in England 21. Jacobi Regis with a further clause of repealing of all grants of Monopolies in this Kingdom and that Commissioners be agreed upon by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them to set down the rates for the Custom and Imposition to be laid on Aquavitae Wine Oile Yarn and Tobacco 21. Item It is concluded accorded and agreed and his Majesty is graciously pleased that such persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall be as soon as may be authorised by Commission under the great Seal to regulate the Court of Castle-Chamber and such Causes as shall be brought into and censured in the said Court 22. Item It is concluded accorded and agreed upon
and his Majesty is graciously pleased that two Acts lately passed in this Kingdom one prohibiting the Plowing with Horses by the Tail and the other prohibiting the burning of Oats in the Straw be repealed 23. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased for as much as upon application of Agents from this Kingdom unto his Majesty in the fourth year of his Reign and lately upon humble suit made unto his Majesty by a Committee of both Houses of the Parliament of this Kingdom order was given by his Majesty for redress of several grievances and for so many of those as are not expressed in the Articles whereof both Houses in the next ensuing Parliament shall desire the benefit of his Majesties said former directions for redress therein that the same be afforded them yet so as for prevention of inconveniences to his Majesties Service that the warning mentioned in the 24. Article of the graces in the fourth year of his Majesties Reign be so understood that the warning being left at the persons dwelling Houses be held sufficient warning and as to the 22. Article of the said graces the Process hitherto used in the Court of Wards do still continue as hitherto it hath done in that and hath been used in other English Courts but the Court of Wards being compounded for so much of the aforesaid answer as concerns warning and process shall be omitted 24. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that Maritine causes may be determined in this Kingdom without driving of Merchants or others to appeal and seek Justice elsewhere and if it shall fall out that there be cause of an appeal the party grieved is to appeal to his Majesty in the Chancery of Ireland and the sentence thereupon to be given by the deligates to be definitive and not to be questioned upon any further appeal except it be in the Parliament of this Kingdom if the Parliament shall then be sitting otherwise not this to be by Act of Parliament and until the said Parliament the Admiralty aâ—d Maritine causes shall be ordered and settled by the said Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dilion c. or any seven or more of them 25. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that his Majesties Subjects of this Kingdom be eased of all Rents and increase of Rents lately raised on the Commission of defective Titles in the Earl of Straffords Government this to be by Act of Parliament and that in the mean time the said Rents or increase of Rents shall not be written for by any process or the payment thereof in any sort procured 26. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that by Act to be passed in the next Parliament all the arrears of Interest mony which did accrue and grow due by way of debt mortagage or otherwise and yet not satisfied since the 23. of October 1641. until the perfection of these Articles shall be fully forgiven and be released and that for and during the space of three years next ensuing no more shall be taken for use or interest of mony then five pounds per centum And in cases of equity arising thro' disability occasioned by the Distempers of the times the considerations of equity to be a like unto both parties but as for mortgages contracted between his Majesties Roman Catholick Subjects and others of that party where entry hath been made by the mortgagers against Law and the condition of their mortgages and detained wrongfully by them without giving any satisfaction to the mortgages or where any such mortgagers have made profit of the lands mortgaged above country charges yet answer no rent or other consideration to the mortgagees the parties grieved respectively to be left for relief to a course of equity therein 27. Item It is further concluded accorded and agreed upon and His Majesty is further graciously pleased that immediately upon perfection of these Articles the said Thomas Lord Viscount Dillon c. shall be authorized by the said Lord Lieutenant to proceed in hear determine and execute in and throughout this Kingdom the ensuing particulars and all the matters thereupon depending and that such authority and other the authorities hereafter mentioned shall remain of force without revocation alteration or diminution until Acts of Parliament be passed according to the purport and intent of these Articles and that in case of death miscarriage disability to serve by reason of sickness or otherwise of any the said Thomas Lord Viscount Dillon c. His Majesties Lord Lieutenant or other Chief Governour or Governours of this Kingdom for the time being shall name and authorize another in the place of such as shall be so dead or shall miscarry himself or be so disabled and that the same shall be such person as shall be allowed of by the said Thomas Lord Viscount Dillon c. or any seven or more of them then living And that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to applot raise and leavy means with indifferency and equality by way of Exercise or otherwise upon all his Majesties Subjects within the said Kingdom their persons Estates and Goods towards the maintenance of such Army or Armies as shall be thought fit to continue and be in pay for his Majesties service the defence of the Kingdom and other the necessary publick charges thereof and towards the maintenance of the Forts Castles Garrisons and Towns of both or either party other than such of the said Forts Garrisons and Castles as from time to time until there shall be a settlement in Parliament shall be thought fit by his Majesties chief Governour or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them not to be maintained at the charge of the publick provided that his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being be first made acquainted with such Taxes Levies and Excises as shall be made and the manner of levying thereof and that he approve the same and to the end that such of the Protestant party as shall submit to the peace may in the several Counties where any of their Estates lieth have equality and indifferency in the Assessements and Levies that shall concern their Estates in the said several Counties It is concluded accorded and agreed upon and his Majesty is graciously pleased that in the
directions which shall issue to any such County for the applotting subdividing and levying of the said publick Assessements some of the said Protestant party shall be joyned with others of the Roman Catholick party to that purpose and for effecting that service and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to levy the arrears of all excises and other publick taxes imposed by the Confederate Roman Catholicks and yet unpaid and to call Receivers and other Accomptants of all former taxes and all publick dues to a just and strict account either by themselves or by such as they or any seven or more of them shall name or appoint and that the said Lord Lieutenant or any other chief Governour or Governours of this Kingdom for the time being shall from time to time issue Commissions to such person and persons as shall be named and appointed by the said Thomas Lord Viscount Dillon c. or any seven or more of them for letting setting and improving the Estates of all such person or persons as shall adhere to any party opposing his Majesties Authority and not submitting to the Peace and that the profits of such estates shall be converted by the said Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being to the maintenance of the Kings Army and other necessary charges until settlement by Parliament and that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to applot raise and levy means with indifferency and equality for the buying of Arms and Ammunition and for the entertaining of Frigots in such proportion as shall be thought fit by his Majesties Lord Lieutenant or other chief Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them the said Arms and Ammunition to be laid up in such Magazines and under the charge of such persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them and to be disposed of and the said Frigots to be imployed for his Majesties service and the publick use and benefit of this Kingdom of Ireland and that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to applot raise and levy means with indifferency and equality by way of Excise or otherwise in the several Cities Corporate Towns Counties and part of the Counties now within the Quarters and only upon the Estates of the said Confederate Roman Catholicks all such sum and sums of mony as shall appear to the said Thomas Lord Viscount Dillon c. or any seven or more of them to be really due for and in the discharge of the publick ingagements of the said Confederate Catholicks incurred or grown due before the conconclusion of these Artieles and that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall be authorized to appoint Receivers Collectors and all other Officers for such monies as shall be assessed taxed or applotted in pursuance of the authorities mentioned in this Article and for the Arrears of all former applotments Taxes and other publick dues yet unpaid and that the said Thomas Lord Viscount Dillon c. or any seven or more of them in case of refractoriness or delinquency may distrain and imprison and cause such Delinquents to be distrained and imprisoned And the said Thomas Lord Viscount Dillon c. or any seven or more of them make perfect books of all such monies as shall be applotted raised or levied out of which books they are to make several and respective abstracts to be delivered under their hands or the hands of any seven or more of them to the several and respective Collectors which shall be appointed to levy and receive the same And that a duplicate of the said books under the hands of the said Thomas Lord Viscount Dillon c. or any seven or more of them be delivered unto his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being whereby a perfect account may be given and that the said Thomas Lord Viscount Dillon c. or any seven or more of therâ—s shall have power to call the Councel and Congregation and the respective supream Councels and Commissioners General appointed hitherto from time to time by the said Confederate Roman Catholicks to manage their publick affairs and all other persons accountable to an account for all their Receipts and Disbursments since the beginning of their respective imployments under the Confederate Roman Catholicks 28. Item It is concluded accorded and agreed by and between the said parties and his Majesty is graciously pleased that for the preservation of the peace and tranquility of the Kingdom the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall for the present agree upon such persons who are to be authorized by Commission under the great Seal to be Commissioners of the Peace Oyer and Terminer Assises and Goal Delivery in and throughout the Kingdom to continue during pleasure with such power as Justices of the Peace Oyer and Terminer Assizes and Goal delivery in former time of Peace have usually had which is not to extend unto any crime or offence committed before the first of May last past and to be qualified with power to hear and determine all civil causes coming before them not exceeding ten pounds Provided that they shall not intermeddle with Titles of Lands provided likewise the authority of such Commissioners shall not extend to question any person or persons for any Shipping Cattle or Goods heretofore taken by either party from the other or other injuries done contrary to the Articles of Cessation concluded by and with the said Roman Catholick party in or since May last but that the same shall be determined by such indifferent persons as the Lord Lieutenant by the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them shall think fit to the end that speedy and equal Justice may be done to all parties grieved And the said Commissioners are to make their Estreats as accustomed of peace and shall take the ensuing Oath viz. You shall swear that as Justice of the Peace Oyer and Terminer Assizes and Goal delivery in the Counties of A. B. in all Articles of the Commission to you directed You shall do equal right to the Poor and to the Rich after your Cunning and Wit and Power and after the Laws and Customs of the Realm and in pursuance of these Articles and you shall not be of Councel of any quarrel hanging before you and the Issues Fines and Amercements which shall happen to be made and all
Forfeitures which shall happen before you you shall cause to be entred without any concealment or imbezling and send to the Court of Exchequer or to such other place as his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom shall appoint until there may be access unto the said Court of Exchequer You shall not let for gift or other cause but well and truly you shall do your office of Justice of the Peace Oyer and Terminer Assizes and Goal delivery in that behalf and that you take nothing for your office of Justice of the Peace Oyer and Terminer Assizes and Goal delivery to be done but of the King and Fees accustomed and you shall not direct or cause to be directed any Warrant by you to be made to the parties but you shall direct them to the Sheriffs and Bayliffs of the said Counties respectively or other the Kings Officers or Ministers or other indifferent persons to do execution thereof so help me God c. And that as well in the said Commission as in all other Commissions and Authorities to be issued in pursuance of the present Articles this clause shall be incerted viz. That all Officers Civil and Martial shall be required to be aiding and assisting and obedient unto the said Commissioners and other persons to be authorised as abovesaid in the execution of their respective powers 29. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that his Majesties Roman Catholick Subjects do continue the possession of such of his Majesties Cities Garrisons Towns Forts and Castles which are within their now Quarters until settlement by Parliament and to be commanded ruled and governed in cheif upon occasion of necessity as to the Martial and Military affairs lindx by such as his Majesty or his cheif Governour or Governors of this Kingdom for the time being shall appoint and the said appointment to be by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them and his Majesties cheif Governor or Governors is to issue Commissions accordingly to such persons as shall be so named and appointed as aforesaid for the executing of such Command Rule or Government to continue until all the particulars in these present Articles agreed on to pass in Parliament shall be accordingly passed only in case of death or misbehaviour such other person or persons to be appointed for the said Command Rule and Government to be named and appointed in the place or places of him or them who shall so dye or misbehave themselves as the cheif Governor or Governors for the time being by the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them shall think fit and to be continued until a settlement in Parliament as aforesaid 30. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that all Customs and Tenths of Prizes belonging to his Majesty which from the perfection of these Articles shall fall due within this Kingdom shall he paid unto his Majesties Receipt or until recourse may be had thereunto in the ordinary legal way unto such person or persons and in such place or places and under such Controuls as the Lord Lieutenant shall appoint to be disposed of in order to the defence and safety of the Kingdom and the defraying of other the necessary publick charges thereof for the ease of the Subjects in other their Levies Charges and Applotments And that all and every person or persons who are at present intrusted and employed by the said Roman Catholicks in the Entries Receipts Collections or otherwise concerning the said Customs and Tenths of Prizes do continue their respective employments in the same until full settlement in Parliament accountable to his Majesties Receipts or until recourse may be had thereunto as the said Lord Lieutenant shall appoint as aforesaid other than to such and so many of them as to the chief Governor or Governors for the time being by and with the advice and consent of the said Tho. Lord Viscount Dillon c. or any seven or more of them shall be thought fit to be altered and then and in such case or in case of death fraud or mis-behaviour or other alteration of any such person or persons than such other person or persons to be employed therein as shall be thought fit by the chief Governor or Governors for the time being by and with the advice and consent of the said Tho. Lord Visc Dillon c. or any seven or more of them And when it shall appear that any person or persons who shall be found faithful to his Majesty hath right to any of the Offices or Places about the said Customs whereunto he or they may not be admitted until settlement in Parliament as aforesaid that a reasonable compensation shall be afforded to such person or persons for the same 31. Item As for and concerning his Majesties Rents payable at Easter next and from thenceforth to grow due until a settlement in Parliament it is concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that the said Rents be not written for or levied until a full settlement in Parliament and in due time upon application to be made to the said Lord Lieutenant or other chief Governor or Governors of this Kingdom by the said Tho. Lord Viscount Dillon c. or any seven or more of them for remittal of those Rents the said Lord Lieutenant or any other chief Governor or Governors of this Kingdom for the time being shall intimate their desires and the reason thereof to his Majesty who upon consideration of the present condition of this Kingdom will declare his gracious pleasure therein as shall be just and honourable and satisfactory to the reasonable desires of his Subjects 32. Item It is concluded accorded and agreed by and between the said parties and his Majesty is graciously pleased that the Commissioners of Oyer and Terminer and Gaol delivery to be named as aforesaid shall have power to hear and determine all Murders Man-slaughters Rapes Stealths Burning of Houses and Corn in Rick or Stack Robberies Burglaries Forcible Entries Detainers of Possessions and other Offences committed or done and to be committed and done since the first day of May last past until the first day of the next Parliament these present Articles or any thing therein contained to the contrary notwithstanding Provided that the Authority of the said Commissioners shall not extend to question any person or persons for doing or committing any Act whatsoever before the conclusion of this Treaty by vertue or colour of any warrant or direction from those in publick Authority among the confederate Roman Catholick nor unto any Act which shall be done after the
perfecting and concluding of these Articles by vertue or pretence of any Authority which is now by these Articles agreed on Provided also that the said Commission shall not continue longer than the first day of the next Parliament 33. Item It is concluded ordered and agreed by and between the said parties and his Majesty is further graciously pleased that for the determining such differences which may arise between his Majesties Subjects within this Kingdom and the prevention of inconvenience and disquiet which through want of due remedy in several causes may happen there shall be Judicatures established in this Kingdom and that the persons to be authorized in them shall have power to do all such things as shall be proper and necessary for them to do and the said Lord Lieutenant by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them shall name the said persons so to be authorized and do all other things incident unto and necessary for the setling of the said intended Judicatures 34. Item At the instance humble suit and earnest desire of the General Assembly of the Confederate Roman Catholicks it is concluded accorded and agreed upon That the Roman Catholick Regular Clergy of this Kingdom behaving themselves conformable to these Articles of Peace shall not be molested in the possessions which at present they have of and in the Bodies Sites and Precincts of such Abbies and Monasteries belonging to any Roman Catholick within the said Kingdom until settlement by Parliament and that the said Clergy shall not be molested in the enjoying of such Pensions as hitherto since the Wars they enjoyed for their respective livelihoods from the said Roman Catholicks and the Sites and Precincts hereby intended are declared to be the Body of the Abby one Garden and Orchard to each Abby if any there be and what else is contained within the Walls Mears or ancient Fences or Ditch that doth supply the Wall thereof and no more 35. Item It is concluded accorded and agreed by and between the said parties that as to all other demands of the said Roman Catholicks for or concerning all or any the matters proposed by them not granted or assented unto in and by the foresaid Articles the said Roman Catholicks be referred to his Majesties gracious favour and further Concessions In witness whereof the said Lord Lieutenant for and on the behalf of his most excellent Majesty to the one part of these Articles remaining with the said Roman Catholicks hath put his Hand and Seal And Sir Richard Blake Knight in the Chair of the General Assembly of the said Roman Catholicks by order command and unanimous consent of the said Catholicks in full Assembly to the other part thereof remaining with the said Lord Lieutenant hath put his Hand and the publick Seal hitherto used by the said Roman Catholicks Jan. 17. 1641. and in the 24th year of the Reign of our Sovereign Lord CHARLES by the Grace of God King of Great Britain France and Ireland c. Appendix XLIV A Circular Letter from the Popish Clergy in Approbation of the Peace of 1648. SIRS AS a War undertaken principally for Religion gave us all the world over the reputation of a Catholick People even so the Peace now concluded between the Kings Lieutenant and us speak us a most Loyal Nation as complying with his Majesty in his greatest necessity though in our thoughts and occasions during these seven years Wars we have still this Loyalty and have oft publickly sworn it yet lay we under the suspicion of many men but by the present Agreement all blemish of that kind is taken away We are of opinion that our sense of this Peace would give you a confidence to receive and submit to it willingly and chearfully to which end we do hereby give you assurance we have by this Peace in the present Concessions and in the Expectations of further gracious Favours from his Majesties Goodness received a good satisfaction for the Being and Safety of Religion And the Substance thereof as to the Concessions for Religion is better than the Sound By the temporal Articles the Lives Liberties and Estates of men are provided for so as now you have a clear quarrel without thought or the least colour of suspicion for you fight purely against Sectaries and Rebels for God and Caesar and under those Banners you may well hope for Victories We do hereby pray you may with joy and much happiness wear his green Lawrel of happy Peace and so we remain Your Fathers and Servants in Christ Jesus Signed Johannes Archiepiscopus Tuamen David Ossoriens ThomasMiddens Franciscus Aladens Edwardus Limericens NicholausFernens Fa. Hugo Duacens Pat. Drumorens Andr. Finwarens Appendix XLV 13 March 1649. Remedies proposed to his Excellency for removing the Discontents and Distrusts of the People and for advancing his Majesties service presented by such of the Clergy as met at Lymerick the 8th of March 1649. and the Commissioners of Trust I. HAving joyned our selves in this meeting upon your Excellencies Summons and in compliance with your pleasure in delivering our sense how any life might be conserved in this gasping Kingdom The following considerations we thought fit to be represented to your Excellency II. It is generally thought that most of the present Distresses of the Kingdom did proceed from the want of a Privy Council as ever it was accustomed heretofore to assist the Government of this Land in War and Peace We conceive it essentially necessary that such a Council be framed of the Peers and others Natives of the Kingdom as well Spiritual and Temporal to sit with your Excellency daily and determine all weighty affairs of the Country by their Counsel The Commissioners of Trust being only instrusted for the due observation of the Articles of Peace had not the Authority of Counsellors and the affairs that intrench most upon the matters of State of the Kingdom were not their study or charge III. That there be an exact Establishment of the Forces forthwith settled and agreed on directing what numbers the Army of the Kingdom shall consist of Horse and Foot what each Province shall bear what number each Regiment Troop and Company shall consist of and laying down such Rules that no payments be made but according to the number of Forces that shall be visible and extant for service and the said establishment to be forthwith put in Execution and the said Army once established and made certain not to be multiplied or exceeded other than by solemn further establishment to be made with the consent and concurrence of the Commissioners of Trust if there be cause for it And in that Establishment a certain and sure course to be taken that all the Forces have the same assurance and the like equality of payment for all the Army And in that Establishment all preventions possible to be set down for avoiding the burthening of the People with thorough-fare
conventionem dicti Reverendissimus D. Nicolaus D. Hugo Procuratores nostri aut quilibet illorum aget concludet aut determinabit virtute hujus nostrae Commissionis Dat. Galuiae quinto Octobris anno Domini 1650. Franciscus Aladensis Episcopus Procurator D. Joannis Archiepiscopi Tuamensis Fr. Thomas Archiep. Dublimensis Hiberniae Primas Joan. Rapotensis Episcopus Procurator Primatis Ardmachani Walterus Clonfertensis Episcopus Procurator Lacghiniensis Episcopi Fr. Antonius Episcopus Clanmacnosensis Fr. Arthurus Dunen Coneren The Commission to the Bishop of Fernes and Sir James Preston In Dei Nomine Amen MEmorandum quod anno Domini 1651. die vero mensis Aprilis septimo nos infra scripti tam nostro quam omnium fere Procerum Nobilium ac Popularium Catholicorum Regni Hiberniae Nominâ— nominibus quorum sensuum in hac parte consensuum certam exploratam notitiam habemus nominavimus constituimus elegimus deputamus omnibus quibus possumus modo via jure ac ratione Procuratores Agentes negotiorum nostrorum Gestores generales speciales ita ut specialitas generalitati non deroget aut è contra conjunctim etiam divisim si ita opus fuerit in casu mortis aut alterius inevitabilis necessitatis Reverendissimum in Christo Patrem ac Dominum D. Episcopum Fernensem clarissimum ac nâ—bilissimum D. D. Jacobum Prestonium Equitem Auratum ut supra ad agendum tractandum consulendum ac firmiter concludendum cum serenissimo Principe Carolo Duce Lotharingiae quem in Regium Protectorem Regni Hiberniae eligimus nostro omniumque praefarorum nominibus ad agendum cum praefata sua Celsitudine tam in super negotio principâ—li Protectionis memoratae quam in de aliis articulis propositionibus postulatis nostris conventis non conventis tale negotium quomodo concernentibus cum omnibus annexis connexis emergentibus dependentibus aliqua ratione concernentibus generaliter omnia alia in praemissis agendi faciendi ac si nos ipsi praesentes essemus Et quicquid in praedictis fecerint concluserint tractaverint consenserint convenerint cum praefato serenissimo Duce Lotharingiae seu cum ejus haeredibus aut assignatis suis seu cum ejus eorumque agentibus legatis procuratoribus seu aliis quibuscunque mandatum potestatem ad id specialem habentibus uno vel pluribus nos ratum gratum aeceptum habituros promittimus per presentes Et ad id nos ipsos Successores Haeredes nostros aliosque quos possumus in perpetuum obligamus Datum sub signis sigillis nostris anno dieque quibus supra in Praesentia testium infra scriptorum Galviae in Provincia Conaciae Regno Hiberniae praesentis mansionis nostrae seu refugii loco Fr. Thomas Archiepiscopus Dubliniensis Hiberniae Primas Robertus Corcagien Cloanen Episcopus Fr. Antonius Clunamacnosensis Episc Procurator Primatis Hiberniae Walterus Cluanfertensis Procurator Laghlinensis Franciscus Aladensis Episcopus Et nos major seu praetor Galuiensis confirmamus nostris Suffragriis ratificamus praedictum procuratorium et personas in eo nominatas nostros etiam procuratores ut supra constituimus die anno quibus supra cum infra scriptis de concilio nostro Append. XLVIII The Declaration and Excommunication of the Popish Clergy at Jamestown A DECLARATION of the Archbishops and other Prelates and Dignitaries of the Secular and Regular Clergy of the Kingdom of Ireland against the Continuance of his Majesty's Authority in the Person of the Marquess of Ormond Lord Lieutenant of Ireland for the Misgovernment of the Subject the ill Conduct of his Majesty's Army and the Violation of the Articles of Peace Dated at Jamestown in the Convent of the Friars Minors August 12. 1650. THE Catholick People of Ireland in the Year 1641 forced to take up Arms for the Defence of Holy Religion their Lives and Liberties the Parliament of England having taken a Resolution to extinguish the Catholick Faith and pluck up the Nation root and branch a powerful Army being prepared and designed to execute their black rage and cruel Intention made a Peace and published the same the 17th of January 1648 with James Lord Marquess of Ormond Commissioner to that effect from his Majesty or from his Royal Queen and Son Prince of Wales now Charles II hereby manifesting their Loyal Thoughts to Royal Authority This Peace or Pacification being consented to by the Confederate Catholicks when his Majesty was in Restraint and neither He nor his Queen or Prince of Wales in condition to send any Supply or Relief to them when also the said Confederate Catholicks could have agreed with the Parliament of England upon as good or better Conditions for Religion and the Lives Liberties and Estates of the People than were obtained by the above Pacification and thereby freed themselves from the Danger of any Invasion or War to be made upon them by the Power or England where notwithstanding the Pacification with His Majesty they were to dispute and fight with their and his Enemies in the three Kingdoms Let the World judg if this be not an undeniable Argument of Loyalty This Peace being so concluded the Catholick Confederates ran sincerely and cheerfully under his Majesty's Authority in the Person of the said Marquess of Ormond Lord Lieutenant of Ireland plentifully providing vast Sums of Moneys well nigh half a Million of English Pounds besides several Magazines of Corn with a fair Train of Artillery great Quantity of Powder Match Amunition with other Materials for War After his Excellency the said Lord Lieutenant frustrating the Expectation the Nation had of his Fidelity Gallantry and Ability became the Author of almost losing the whole Kingdom to God King and Natives which he began by violating the Peace in many Parts thereof as may be clearly evidenced and made good to the World I. The foresaid Catholicks having furnished his Excellency with the aforesaid Sum of Mony which was sufficient to make up the Army of 15000 Foot and 2500 Horse agreed upon by the Peace for the preservation of the Catholick Religion our Sovereign's Interest and the Nation his Excellency gave Patents of Colonels and other Commanders over and above the Party under the Lord Baron of Inchiquin to Protestants and upon them consumed the Substance of the Kingdom who most of them afterwards betrayed or deserted us II. That the Holds and Ports of Munster as Cork Youghall Kingsale c. were put in the Hands of faithless Men of the Lord of Inchiquin's Party that betrayed the Places to the Enemy to the utter endangering of the King's Interest in the whole Kingdom This good Service they did his Majesty after soaking up the Sweat and Substance of his Catholick Subjects of Munster where it is remarkaable that upon making the Peace his Excellency would no way allow his Loyal Catholick Subjects of Cork Youghall Kingsale and other Garisons
to return to their own Homes or Houses III. Catholick Commanders instanced by the Commissioners of Trust according to the Pacification and hereupon by his Excellency's Commission receiving their Commands in the Army as Col. Patrick Purcel Major General of the Army and Col. Pierce Fitz-Gerald alias Mac. Thomas Commissary of the Horse were removed without the consent of the said Commissioners and by no demerit of the Gentlemen and the said Places that of Major General given to Daniel O-Neal Esq a Protestant and that of Commissary of the Horse to Sir William Vaughan Kt. and after the said Sir William's Death to Sir Thomas Armstrong Kt. both Protestants IV. A Judicature and legal way of administring Justice promised by the Articles of Peace was not performed but all Process and Proceedings done by Paper Petitions and thereby private Clerks and other corrupt Ministers inrich'd the Subject ruined and no Justice done V. The Navigation the great Support of Ireland quite beaten down his Excellency disheartning the Adventures Undertakers and Owners as Capt. Antonio and others favouring Hollanders and other Aliens by reversing of Judgments legally given and definitively concluded before his Commissioners Authority By which depressing of Maritime Affairs and not providing for an orderly and good Tribunal of Admiralty we have hardly a Bottom left to transmit a Letter to his Majesty or any other Prince VI. The Church of Cloyne in our possession at the time of making the Peace violently taken from us by the Lord of Inchiquin contrary to the Articles of Peace no Justice nor Redress was made upon Application or Complaint VII That Oblations Book-monies Interments and other Obventions in the Counties of Cork Waterford and Kerry were taken from the Catholick Priests and Pastors by the Ministers without any Redress or Restitution VIII That the Catholick Subjects of Munster lived in Slavery under the Presidency of the Lord of Inchiquin these being their Judges that before were their Enemies and none of the Catholick Nobility or Gentry admitted to be of the Tribunal IX The Conduct of the Army was improvident and unfortunate Nothing hapned in Christianity more shameful than the Disaster of Rathmines near Dublin where his Excellency as it seemed to Ancient Travellers and Men of Experience who viewed all kept rather a Mart of Wares a Tribunal of Pleadings or a great Inn of Play Drinking and Pleasure than a well-ordered Camp of Souldiers Drogheda unrelieved was lost by Storm with much Bloodshed and the loss of the Flower of Leinster Weâ—ford lost much by the unskilfulness of a Governor a young Man vain and unadvised Ross given up and that by his Excellency's Order without any Dispute by Col. Luke Taaffe having within near upon 2500 Souldiers desirous to fight After that the Enemy made a Bridg over the River of Ross a Wonder to all Men and understood by no Man without any Let or Interruption our Forces being within seven or eight Miles to the Place wherein 200 Musqueteers at Rossberkine being timely ordered had interrupted this stupendious Bridg and made the Enemy weary of the Town Carrig being betrayed by the Protestant Ward there our Army afterwards appearing before the Place the Souldiers were commanded to fight against the Walls and Armed Men without great Guns Ladders Petards Shovels Spades Pickaxes or other Necessaries there being killed upon the place above 500 Souldiers valiantly fighting yet near Thomas-Town our Souldiers being of tryed Foot two to one and well resolved were forbidden to fight in the open Field having advantage of Ground against the Enemy to the utter disheartning of the Souldiers and People After this the Enemy came like a Deluge upon Calan Feathard Cashell Kilmallock and other Corporations within the Provinces of Leinster and Munster and the Country about rendred Tributary Then followed the taking of Laghlin and Kilkenny then that of Clonmell where the Enemy met with Gallantry Loss and Resistance Lastly Tecrohan and Catherlough two great Pillars of Leinster shaken down that of Tecrohan to speak nothing for the present of all other Places was given up by Orders Waterford block'd up is in a sad Condition Duncannon the Key of the Kingdom unrelieved since the first of December is like to be given up and lost X. That the Prelates after the numerous Congregation at Cloanmacnoise where they made Declarations for the King 's great advantage after printed and after many other laborious Meetings and Consultations with the Expressions of their sincerity and earnestness were not allowed by his Excellency to have employed their Power and best diligence towards advancing the King's Interest but rather suspected and blamed as may appear by his own Letter to the Prelates then at James-Town written Aug. 2. And words were heard to fall from him dangerous as to the Persons of some Prelates XI That his Excellency represented to his Majesty some parts of this Kingdom disobedient which absolutely deny any such disobedience by them committed and thereby procured from his Majesty a Letter to withdraw his own Person and the Royal Authority if such Disobediences were multiplied and to leave the People without the benefit of the Peace This was the Reward his Excellency out of his Envy to a Catholick Loyal Nation prepared for our Loyalty and Obedience sealed by the shedding of our Blood and the loss of our Substance XII That his Excellency and the Lord of Inchiquin when Enemies to the Catholicks being very active in unnatural Executions against us and shedding the Blood of poor Priests and Churchmen have shewed little of Action since this Peace but for many Months kept themselves in Connaught and Thomond where no Danger or the Enemy appeared spending their time as most Men observed in Play Pleasure and great Merriment while the other parts of the Kingdom were bleeding under the Sword of the Enemy This was no great Argument of Sense or Grief in them to see a Kingdom lost to his Majesty XIII That his Excellency when prospering put no Trust of Places taken in into the Hands of Catholicks as that of Drogheda Dundalk Trim c. And by this his Diffidence in Catholicks and by other his Actions and Expressions the Catholick Army had no Heart to â—ight or to be under his Command and feared greatly if he had mastered the Enemy and with them the Commissioners of Trust or the greater part of them and many thousands of the Kingdom also feared he would have brought the Catholick Subjects and their Religion to the old Slavery XIV We will not speak of many Corruptions and Abuses as passing of a Custodium upon the Abby of Killbegain worth in past Years to the Confederates well nigh 400 l. per Annum to Secretary Lane for 40 l. or thereabouts per Annum nor of many other such like to Daniel O Neil and others at an undervalue to the great Prejudice of the Publick XV. We do also notify to the Catholicks of the Kingdom most of the above Grievances and Breaches of the Peace being
delivered to the Commissioners of Trust in February last that the Clergy and Laity receiving Redress or Justice the Discontent of the Subject might be removed no Amendment appeared after eight Months effluxed but the Evil still continued that occasioned the Ruine of the Nation And we also protest to the whole World having done our best we have no Power to remove the Jealousies and Fears of the People Besides the above Injuries and Violation of the Articles of the Peace against Religion the King's Interest and the Nation nothing appearing before the Eyes of the People but Desolation Waste Burning and the Destruction of the Kingdom three parts of four thereof being come under Contribution to the Enemy Cities Towns and strong Holds taken from them Altars pulled down Churches lost Priests killed and banished Sacraments and Sacrifices and all things holy profaned and almost utterly extinguished Armies and great numbers of Souldiers by them maintained and the Enemy not fought withal those that would fight for them born down and those that would betray them cherished and advanced finally no visible Army or Defence appearing they are come to despair of recovering what is lost or defending what they hold and some inclining for safety of their Lives and Estates do compound with the Parliament perswading themselves no Safety can be to any living under the Government of the LORD LIEUTENANT attended by Fate and Disaster For prevention of these Evils and that the Kingdom may not be utterly lost to his Majesty and his Catholick Subjects this Congregation of Archbishops Bishops and other Prelates and Dignitaries of both Clergies of this Kingdom found our selves bound in Conscience after great Deliberation to declare against the continuance of his Majesty's Authority in the Person of the said Lord Marquess of Ormond premitting this Protestation to the World ☞ that we had never come to such Declaration but that we and the People of this Kingdom generally despair of the Kingdom 's Recovery under his Government as hereby we do declare as well in our own Names and behalf as in the Names and behalf of the rest of the Catholicks of this Kingdom against him the said Marquess of Ormond having by his Misgovernment ill Conduct of his Majesy's Army and the Breach of Publick Faith with the People in several particulars of the Articles of the Peace render'd himself uncapable of continuing that great Trust any longer being questionable before his Majesy for the said Injuries and ill Government to which effect we will joyn with other Members of this Kingdom in drawing a Charge against him and we do hereby manifest to the People they are no longer obliged to obey the Orders and Commands of the said Lord Marquess of Ormond but are until a general Assembly of the Nation can be conveniently called together unanimously to serve against the common Enemy for the Defence of the Catholick Religion his Majesty's Interest their Liberties ☞ Lives and Fortunes in pursuance of the Oath of Association and to observe and obey in the mean time the Form of Government the said Congregation shall prescribe until it be otherwise ordered by an Assembly or until upon application to his Majesty he settle the same otherise And we do fulminate the annexed Excommunication of one Date with this Declaration against all the Opposers of the same Declaration All the good Christians and Catholicks that shall read this our said Declaration forced from us by the Affliction and Disaster of distressed Ireland be pleased to know that we well understand the present Condition of this Nation is more inclining to Ruin and Despair than Recovery yet will we relie upon the Mercy of God who can and will take off from us the heavy Judgment of his Anger War and Plague if we shall amend our wicked Lives and lean like little ones upon the Arms of his Mercy as we cry to him for Remedy let us confess with Tears our Sins saying with the Prophet Isaiah Câ—cidimus quasi folium universi iniquitates nostrae quasi ventus abstulerunt nos non est qui invocet nomen taum Domine non est qui consurgat teneat te abscondisti faciem tuam à nobis allisisti nos in manu iniquitatis nostrae This Language from the Heart will reconcile Heaven to us Et quiescat ira Dei erit placabilis super neâ—uitia populâ— sui Though this Noble-Man hath left us nothing but Weakness and Want and Desolation and that the Enemy is rich strong and powerful God is stronger and can help us and for his own Name-sake will deliver us Dominus Eliae the God of Wonders and Miracles erit etiam nunc apud Hibernos if our Faith prove strong and our Actions sound and sincere We will conclude with St. Paul that Ocean of Wisdom and Doctor of Nations Si Deus pro nobis quis contra nos quis accusabit adversus electos Dei Deus est qui justificat quis est qui condemnat quis ergo nos separabit à charitate Christi Tribulatio an Angustia an Fames an Nuditas an Periculum an Persecutio an Gladius sed in his omnibus superamus propter â—um qui dilexit nos Let nothing separate you from that burning Charity of Christianity and God will ever preserve protect and bless you H. Ardmacan Jo. Archiâ—p Tuam Jo. Rapotens Eugen. Killmor Fran. Aladen Nic. Fermens Procurator Dublin Fr. Anton. Clonmacnocens Walt. Clonfert Procurator Leighlinens Fr. Artur Dunens Connor Procurator Dromorens Fr. Hugo Duacensis Fr. Gul. de Burgo Provincialis Hiberniae Ordinis prâ—â—dicat Jac. Abbas de Conga Comiss generalis Canon Reg. S. Aug. Fr. Thom. Keran Abbas de Duellio Carol. Kelly S. Theologiae Doctor Decan Tuam Fr. Bernard Egan Procurator R. admodum P. Provincial fratrum minorum Fr. Ricar O Kelly Procur Vic. Generalis Kildare Prior Rathbran Ord. predicat Thad Eganus S. Th. D. praepos Tuam Luc. Plunket S. Th. D. Proton Apostolicus Rector Collegii de Kellecu exercitus Lageniâ— Capellan major Jo. Doulaeus juris Doc. Abbas de Kilmanach unus ex procuratoribus Capit. Cler. Tuam Gual Enos S. T. D. Protonot Apostolicus Theâ—aur Fernen procurator prepositi Ecclesiae Collegiaâ—ae Galviensis And we the under-named sitting at Galloway with the Committee authorized by the Congregation held at James-Town 6. Augusti currentis do concur with the above Arch-bishops Bishops and other Prelates and Dignitaries in the above Declaration and withal do now make firm the same as an Act of our own by our several Subscriptions this 23d of August 1650. Thomas Cashell J. Laonen Episcopus Edmun. Limiricen Rob. Corcag Cluan Fr. Teren. Immolâ—cen Jac. Fallon Vic. Apostolicus Acaden The Excommunication mentioned in the above Declaration WHereas we the underwritten Arch-bishops Bishops and other Prelates and Dignitaries sitting in this our present Congregation at James-Town with the Consent and Approbation of the rest through the Dangers of these distracted Times
superciliously or malitiously of those Actions whereunto they are willing Strangers And this being a Disadvantage whereunto all Commanders have been and ever will be subject we have no Reason to expect an Exemption from it and might therefore pass by this Grievance reserving Our self for an Account of Our Actions till it were required from Us by him to whom only in this Case We are obliged to render one But such is our desire to satisfy those that are faithful to the Cause We have laboured in and may have been stumbled at that Chance of War that We shall give them the Reason and Grounds of Our Undertaking and of the supposed Omission recited in what remains of these Grievances And first it is necessary it should be understood that a little before the time of that Defeat the Condition of Affairs in this Kingdom stood thus The Provinces of Leinster Munster and Connaught were entirely reduced to his Majesty's Obedience except the City of Dublin and Balishannon which were block'd up with a small Number of our Men. But in Vlster the Rebels by the Assistance of Owen O-Neil and the Interruption given to the Lord Viscount Mountgomery by the Scotish Clergy had raised the Seige of London-Derry and were become Masters of the Field About the same time also We had certain Intelligence that Cromwel with a very strong Army a vast Sum of Money and great plenty of all Provisions was ready ship'd for this Kingdom And it was from good Hands intimated unto Us that he purposed his Descent in Munster and that he had Intelligence with some Governour of the Sea-ports there Hereupon it was taken into Consideration at a Council of War whether the blocking up of Dublin should be continued or whether We should not retire from thence to Drogheda Trym and the Garisons adjacent and prepare our selves for securing Munster and making a defensive or offensive War as occasion should afterwards be offered And of this Opinion We were the rather because it was there also concluded that the Lord President of Munster with a good Party of our best Horse should go into Munster to secure it and that the very Day we rose from Finglass and marched to Rathmines Reynolds landed with 600 Horse and 1500 Foot Hereunto it was strongly objected That if We sent away Our heavy Cannon which we proposed should be done the more to facilitate an orderly Retreat the People would despair of the taking of Dublin that they would accompt all that was done as good as nothing unless that City were reduced That they would not consider that the City was to be reduced by distressing it by blocking up which might have securely been done the way We proposed but taking the Matter to be given over and consequently despairing of the Ease they expected by the total Reduction of the Kingdom would grow more and more backward in their Contribution and perhaps be seduced to a Conjunction with Owen O-Neil and a Rejection of the Peace and his Majesty's Authority thereby established over them which even then We found was though under-hand privately and under other Pretences aimed at by some that since have taken the Advantage of the time to declare themselves without Disguise It was also objected that unless Dublin were reduced before Cromwel's Landing with the Force and Treasure we were sure he had in Readiness at the Water-side that it was to be feared he would be able to corrupt many of the English which considering the Treasure he brought with him and the want We were in might as reasonably be apprehended as that Owen O-Neil and his Party should have become Mercenary to Sir Charles Coot Perswaded by these Arguments delivered by the whole Council of War We were resolved to continue before Dublin and to endeavour to approach near unto it to the end to take from them within the Conveniency of grazing betwixt Our Camp and their Works which if it had been effected their Horses being 1200 must in three days have starved and then the Benefit of the Sea would have been with much ease taken from them which would so much have discouraged all their Souldiers that it was probable they would in a few Days more have forced their Officers to a Treaty and Surrender of the City It was then conceived that Baggatrath was the fittest Place to be fortified But before We gave Order for it We sent the Earl of Castle-haven General Preston Sir Arthur Ashton and Major General Purcel to view it who returned unto Us approving the Place as in all Respects fit for our Purpose We then gave the Major General Order to command thither in the beginning of the Night 1500 Foot with Materials to fortify which was the Number advised to be sent by those Persons that had seen it In the Morning at Day-break we went thither and finding the Work not advanced to Our Expectation found fault therewith The Major General told Us That he was so misguided from the Camp thither which was not an English Mile that he came not to the Place till an Hour before Day Yet such was the natural Strength of the Place that being helped with a few Hours Work We conceived it might very well be made good against any Attempt of the Enemy But the better to secure it We put the whole Army in Arms and appointed it to be drawn down near Baggatrath shewing every General Officer where his Charge was and appointing the drawing down some Cannon to an Eminency of Ground commanding the same and some of the Fields leading from Dublin thither And then having been up all Night partly in writing of Dispatches and to be in the better Readiness in case the Enemy upon discovering Our Men marching should sally We retired to take a little Rest which was about nine of the Clock About ten We wakened with the Noise of Shot and before we could get on Horseback Our 1500 Men were beaten out of Baggatrath and soon after was Sir William Vaughan kill'd and the Horse with him routed Whereupon all those in the left Wing except Our Brothers and Colonel Miles Reyly's Regiments ran away without once facing the Enemy and as was alledged which we have not heard disproved against their Officers uttermost Endeavour In short The Rebels gained Field after Field till they came up to the Ordnance and thence into the Rear of Us standing in a Field with a Party of Foot commanded by Colonel Gifford who gave very good Fire upon them for a while but upon Discovery of another Party of the Rebels marching up to their Front some called for Quarter others threw down their Arms and some continued Shooting Then We quitted the Field and endeavoured but in vain several times to rally the Horse These are the Grounds for continuing the blocking up Dublin and this is briefly as much of the manner of the Defeat as We were Witness of and can readily call to mind That his Majesty's Army on that side the River attempted by
occasion and we believe there is nothing contained in that Letter but is well known to be Truth and will be justified by many of best Quality in that Assembly What the words were which were heard to fall from us dangerous to the Persons of some Prelates when we are particularly charged with them we shall deny nothing that is Truth In the mean time let it be judged if we had such a desire of doing them hurt in their Persons whether in the Person of the Bishop of Killalloe who had signed this Declaration We had not in our Power a Subject whereon to have manifested our Disposition to revenge Whom yet the Bishops in a Letter of theirs to the Earl of Westmeath the Bishop of Leighlin and others which Letter is before recited upon another occasion do acknowledge to have been preserved by Our means Ante pag. 33. Part 2. though in the said Letter they untruly charge those they call Cavaliers with any Attempt or Purpose of doing the said Bishop's Person any further prejudice than to apprehend him and bring him before Us. As to the 11th Article Answer to the 11th Article We acknowledg to have represented to His Majesty That divers Places in this Kingdom were in disobedience to his Authority And that there were and are such places is a Truth as well known to these Declarers as any Work is known to the Workman that made it Which to have concealed from his Majesty had been to have betrayed the Trust by Him reposed in Us and to have taken upon Our Self the blame due to them We also acknowledg to have humbly desired his Majesty's leave to withdraw Our own Person out of the Kingdom in case those Disobediences were multiplied Which having received and those Disobediences being multiplied We had withdrawn Our Self from being an idle Witness of the loss of the Kingdom and the Ruin of many of Our Friends had not divers of these Declarers several times but more especially at Loghreagh disswaded Us from going and promised to do their uttermost endeavour to procure Us the Obedience We desired without which it was plain to all Men We could attempt nothing for the preservation of the Kingdom with hope of Success But We were not so bold as to direct his Majesty to remove his Authority or how else to dispose of it as the Declarers are But how really troubled they are that the People should be deprived of the King's Authority and the benefit of the Articles of Peace is apparent by this Declaration and Excommunication wherein they direct the People to return to their Association which is inconsistent with both And by the Answer of the Bishops at Galloway to the Commissioners whereof We shall have occasion to speak hereafter And where they charge Us with Envy to the Nation for doing Our Duty to the King We hope to have given such proof of the contrary as hath satisfied the most interested Men in the Nation And We conceive We could not have manifested Our Affection to it by a more Signal Instance than by offering to leave his Majesty's Authority in the Person of the Lord Marquess of Clanrickard and to withdraw Our Self to sollicite for Supplies when it was most probable they might be got finding that our being a Protestant gave these Declarers some advantage to withdraw the People from their Obedience to Us. As to the 12th Article Answer to the 12th Article we are not willing to look back so far as to the time when by his Majesties Command and Commission We bore Arms in the War against the Confederates but must justify Our Self that We were never active in unnatural execution against them but have many times suffered much Calumny for Our desire of preserving many of them that fell into our Hands as some in that Assembly can witness who were by Our means preserved and if they think fit may testify as much But if the Declarers oppose Our being active then to Our unactivity this last Summer as an Argument of Our want of desire to oppose the Enemy We answer That in the time they mention We had free election of Officers the absolute Power of Dublin and other Garrisons where We caused the Soldiers to be continually exercised their Arms kept in order and could in a short time when We pleased have drawn the Army together and marched with it where We pleased Advantages which rendred the Victories We gained full as easy as those gotten by the Enemy against Us have been upon the like advantage on their part It is true that all this last Summer We and the Lord Inchiquin have continued in Connaught and Thomond where there was no Enemy But it is also true ☜ that We were not suffered to have the means of preparing an Army fit to seek or oppose an Enemy as We have set down in Our Letter of the Second of August to the Bishops at James-Town recited formerly upon another Occasion And since they here mention the Lord Inchiquin with Us We think fit to mind divers in that Assembly to whom it is well known that many of the Bishops did long since upon several Occasions declare that all their Suspicion and the Suspicion the People held of Us was by reason of the Power the Lord Inchiquin had with Us. And that during his continuance in Imployment or the continuance of any of his Party in the Army it was not possible for them to remove that Suspicion out of the Minds of the People But that if his Lordship were once out of Command and his Party removed they doubted not full and chearful Obedience would be given Us. Hereupon his Lordship voluntarily withdrew himself from having to do with the Conduct of the Army ☜ yet is he by these Men charged for want of Activity When his Lordship had thus waved his Imployment and his Party were gone off and that they had wrought the like distrust of the remainder of the Party that came off to Us from Dublin and other Parts so that nâ—w We were forced likewise to send them away then they judgâ—â—â—t a fit time for them to declare also against Us. Then divers â—â—â—ops and other Church-men changed their Note and dealt undeâ—â—â—and with the Lord Inchiquin to stay in the Kingdom though We should go saying That the distrust and dislike of the People was only against Us and not against him Then they fell first to call their Meeting at James-Town and then to publish this Declaration from which they were with-held for fear all the time the foresaid Parties were with Us. This We suspected would be the issue of their working away the Protestant Party and of all their Promises Yet to leave them wholly without Excuse and to satisfy some that believed better of them We consented to part with those Men of whose Courage and Fidelity to his Majesty and Affection to Us We had good Experience and cast our Self wholly upon the Assurances these Bishops and
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