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A85090 The false and scandalous remonstrance of the inhumane and bloody rebells of Ireland, delivered to the Earl of St. Albans and Clanrickard, the Earl of Roscomon, Sir Maurice Eustace Knight, and other His Majesties Commissioners at Trim, the 17. of March, 1642. to be presented to His Majesty, by the name of The remonstrance of grievances presented to His Majestie in the behalf of the Catholicks of Ireland. ... Together with an answer thereunto, on behalf of the Protestants of Ireland. Also a true narration of all the passages concerning the petition of the Protestants of Ireland. ... August 27. 1644. It is this day ordered by the Committee of the House of Commons in Parliament concerning Printing, that the books, intituled, An answer presented to His Majestie at Oxford, unto the false and scandalous remonstrance of the inhumane and bloody rebells of Ireland; together with A narration of the proceedings at Oxon, be forthwith printed and published: John White. 1644 (1644) Wing F343; Thomason E255_2; ESTC R210053 139,001 137

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be adjudged and put in possession without any Office or Inquisition to be had 18. That your Majesties protestant Subjects may be restbred to the quiet possession of all their Castles Houses Mannors Lands Tenements and Hereditaments and Leases and to the quiet possession of the rents thereof as they had the same before and at the time of the breaking forth of this rebellion and from whence without due processe and judgement of Law they have since then been put or kept cut and may be answered of and for all the meane profits of the same in the interim and for all the time untill they shall be so restored 19. That your Majesties said protestant subjects may also be restored to all their Moneys Plate Jewels Houshouldstuffe Goods and Chattels whatsoever which without due processe or judgement in Law have by the said Confederates been 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 have been delivered any person or persons of the said Confederates in trust to be kept or preserved but are by colour thereof still withholden 20. That the establishment and maintenance of a competent Protestant Army and sufficient Protestant souldiers 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 tules of good government that your Majesties rights and Laws the Protestant religion and peace of that Kingdome 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 ayme at the repeale of Poynings Law thereby to open an easie and ready way for the passing of acts of Parliament in Ireland without having them first well confidered of in England which may produce many dangerous consequences both to that Kingdome and to your Majesties other Dominions your Majesty would be pleased to recent and reject all propositions tending to introduce so great a diminution of your Royall and necessary power for the confirmation of your Royall 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 assuring them that you will not give order for or allow of the transmitting into Ireland any act of generall Oblivion release or discharge of Actions or Suits whereby your Majesties said Protestant Subjects there may be barred or deprived of their legall remedies which by your Majesties Laws and Statutes of that Kingdome they may have against the said Confederates or any of them or any of their party for or 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 or 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 Ireland with popish Recusants being ill affected members and that provision be duely made that none shall vote or sit therein but such as shall first take the Oaths of Supremacy and Allegiance 24. That the proofes and manifestations of the truth of the severall matters contained in the Petition of your Majesties Protestant subjects of Ireland lately presented to your Majesty may be duely examined discussed and in that respect the finall conclusion of things respited for a convenient time their Agents being ready to attend with their proofes in that behalfe as your Majesty shall appoint Which Remonstrance Answer and Propositions His Majesty received from the said Agents the 27 of Aprill 1644. and the same delivered to Master Secretary Nicholas and then the said Agents desired him to move his Majesty that nothing might be concluded with the Irish Agents untill the said protestant Agents were fully heard and that they might have a Copy of the Propositions of the Irish The next day after Master Secretary Nicholas told them that his Majesty had referred the protestants petition their answer to the rebells Remonstrance and their propositions to the Committee for Irish affaires The 29th of April the protestant Agents were told by one of the Committee for the Irish affaires at Oxford that such of the Committee who were at the reading of the Answer to the Rebells Remonstrance and the Propositions of the protestant Agent said That those Propositions were drawne by the close Committee of London and that they wondered that His Majesty would receive so mutinous a Petition The same day the Protestant Agents being informed by divers persons of quality that the rebells Agents were upon dispatch they waited on the Lord Cottington chiefe of the Committee and desired his Lordship to be a meanes that they might have a Copy of the Rebells Propositions to His Majesty his Lordship seemed a stranger to the businesse and said he knew not any Propositions the Rebells had made and said further that he conceived they meant the Irish Remonstance whereunto they answered that the same was long since printed and that they were not strangers thereunto To which his Lordship replyed that if any such Propositions were made it were fit the same should be made knowne unto them but that he knew of none such Notwithstanding the said Lord Cottington was present at the Committee appointed by His Majesty for Irish affaires the 19 of April when the said Propositions from the Rebells of Ireland were read and by his Lordship and the rest on inviolable secrecy delivered unto Sir William Stewart and Sir Gerard Lowther Sir Philip Percivall and Mr. Justice Donuelland who were sent for out of Ireland and appointed by His Majesty to advise with him upon the Treaty and who received command from their Lordships not to communicate the said Propositions to any body which Injunction of secrecy was a great prejudice to the Protestant cause that those persons being persons of ability and integrity should be restrained from a free communication of all occurrences concerning that affaire with the said Protestant Agents and both they and the Agents were thereby prevented of satisfying severall persons that on false grounds and misinformation of the Rebells and their party who tooke liberty to discourse of the reasonablenesse of the Rebells desires and of the motives inducing the same were deluded with an opinion of the moderatnesse of the Rebells propositions and other their proceedings The same day the Protestant Agents being much troubled with the said Lord Cottingtons answer repaired unto Sir William Stewart Sir Gerard Lowther Sir Philip Percivall and Justice Donuellan and unto Sir George Radcliffe and Sir William Sambach who were added to them for that affaire and acquainted them that they were attending
Letters under his privie Signet for the passing and securing of the estates of his subjects here by Letters Patents under the great Seal and Letters Patents accordingly were thereof passed fines payed old rents increased and new rents reserved to the Crown And the said late King was further graciously pleased at severall times to send divers honorable persons of integrity knowledge and experience to examine the grievances of this kingdom and to settle and establish a course for redresse thereof And whereas your Majesty was graciously pleased in the fourth yeare of your raign to vouchsafe a favourable hearing to the grievances presented unto you by agents from this kingdom and thereupon did grant many graces and favours unto your subjects thereof for security of their estates and redresses or remove off those heavy pressures under which they have long groaned which acts of Iustice and grace extended to this people by your Majesty and your said Royall Father did afford them great content yet such was and is yet the immortall hatred of some of the said Ministers of Sate and especially of the said Sir William Parsons the said impeached Iudges and their adherents to any welfare and happinesse of this Nation and their ambition to make themselves still greater and richer by the totall ruine and extirpation of this people that under pretence of your Majesties service the publike faith involved in those grants was violated and the grace and goodnesse intended by two glorious Kings successively to a faithfull people made unprofitable 4 The illegall arbitrary and unlawfull proceedings of the said Sir William-Parsons and of the said impeached Iudges and their adherents and instruments in the Court of Wards and the many willfull erroneous decrees and Iudgements of that Court by which the heires of Catholick Noblemen and other Catholicks were most cruelly and tyranically dealt withall destroyed in their estates and bred in dissolution and ignorance their Parents debts unsatisfied their Sisters and younger brothers left wholy unprovided for the Ancient and appearing Tenures of Mesne Lords unregarded estates valued in Law and made for valuable considerations avoyded against Law and the whole Land filled up with the frequent swarmes of Escheators Feodaries Pursevants and others by authority of that Court. 5 The said Catholicks notwithstanding the heavy pressures before mentioned and other grievances in part represented to your Majesty by the late Committees of both houses of Parliament of this kingdom whereunto they humbly desire that relation be had and redresse obtayned therein did readily and without reluctation or repyning contribute to all the Subsidies Loanes and other extraordinary grants made to your Majesty in this kingdom since the begining of your Raign amounting unto well neer on Million of pounds over and above your Majesties Revenue both certain and casuall And although the said Catholicks were in Parliament and otherwise the most forward in granting the said sums and did bear nine parts of ten in the payments thereof yet such was the power of their adversaries and the advantage they gained by the opportunity of their continuall addresses to your Majesty to increase their reputation in getting in of those Moneys and their authority in the distribution thereof to your Majesties great disservice that they assumed to themselves to be procurers thereof and represented the said Catholicks as obstinate and refractary 6 The Army raised for your Majesties service here at the great charge of the kingdom was disbanded by the pressing importunity of the malignant party in England not giving way that your Majesty should take advice therein with the Parliament here alleadging the said Army was Popish and therefore not to be trusted And although the world could witnesse the unwarrantable and unexempled invasion made by the malignant party of the Parliament in England upon your Majesties Honour Rights Prerogatives and principall Flower of your Crown And that the said Sir William Parsons Sir Adam Loftus Knight your Majesties Vice-Treasurer of this kingdom and other their adherents did declare that an Army of ten Thousand Scots was to arrive in this kingdom to force the said Catholicks to change their Religion And that Ireland could never doe well without a Rebellion to the end the remain of the Natives thereof might be extirpated and wagers were laid at generall Assizes and publike meetings by some of them then and now imployed in places of great profit and trust in this kingdom that within one year no Catholick should be left in Ireland that they saw the ancient and unquestionable priviledges of the Parliament of Ireland unjustly and against Law incroached upon by the orders Acts and proceedings of both houses of Parliament in England in sending for and questioning to and in that Parliament the Members of the Parliament of this kingdom sitting the Parliament here And that by speeches and orders Printed by the authority of both houses in England it was declared that Ireland was bound by the Statutes made in England if named which is contrary to known truth and the Laws here setled for four hundred yeares and upwards And that the said Catholicks were throughly informed of the protestation made by both houses of Parliament of England against Catholicks and their intentions to traduce Laws for the extirpation of Catholick Religion in the three kingdoms and that they had certain notice of the cruell and bloudy execution of priests there only for being priests and that your Majesties mercy and power could not prevail with them to save the life of one condemned priest and that the Catholicks of England being of their own flesh and bloud must suffer or depart the Land and consequently others not of so neer a relation to them if bound by their Statutes and within their power These motives although very strong and powerfull to produce apprehensions and feares in the said Catholicks did not prevail with them to take defensive Armes much lesse offensive they still expecting that your Majesty in your high wisdom might be able in a short time to apply seasonable cures apt remedies unto those evils and innovations 7 That the Committees of the Lords and Commons of this Kingdome having attended your Majesty for the space of nine Moneths your Majesty was graciously pleased notwithstanding your then weighty and urgent affaires in England and Scotland to receive and very often with great patience to heare their grievances and many debates thereof at large during which debates the said Lords-Iustices and some of your privy Counsell of this Kingdom and their adherents by their malicious and untrue informations conveyed to some Ministers of state in England who since are declared of the malignant party and by the continuall solicitation of others of the said privy Counsell gone to England of purpose to crosse and give impediment unto the justice and grace your Majesty was inclined to afford to your subjects of this Realm did as much as in them lay hinder the obtaining of any redresse for the said grievances and
of their affaires and humbly to beseech relief and redresse therein the said Lieutenant Colonel though your Majesties servant and imployed in publike trust in which case the Law of Nations affords safety and protection was without regard to either not only stopped from proceeding in his imployment but also tortured on the racke at Dublin 10 The Lord-president of Munster by direction of the said Lords-Iustices that province being quiet with his accomplices burnt preyed and put to death Men Women and children without making any difference of quality condition age or sex in severall parts of that province The Catholicks Nobles and Gentlemen there mistrusted and threatned and others of inferior quality trusted and furnished with Armes and Ammunition The province of Connaght was used in the like measure whereupon most of the considerable Catholicks in both the said provinces were inforced without Arms or ammunition to looke after safety and to that end to stand on their defence still expecting your Maiesties pleasure and alwayes ready to obey your commands Now the plot of the said ministers of State and their adherents being very ripe applications were incessantly by them made to the malignant party in England to deprive this people of all hopes of your Majesties justice or mercy and to plant a perpetuall enmity between the English and Scottish Nation and your subjects of this kingdom 11 That whereas this your Maiesties kingdom of Ireland in all successions of ages since the raign of King Henry the second sometimes King of England Lord of Ireland had a Parliament of their own composed of Lords and Commons in the same manner and forme qualified with equall liberties powers priviledges and immunities with the Parliament of England and only dependant of the King and Crown of England and Ireland and for all that time no prevalent Record or authentick president can be found that any Statute made in England could or did bind this kingdom before the same were here established by Parliament yet upon untrue suggestions and informations given of your subiects of Ireland an act of Parliament intituled An Act for the speedy and effectuall reducing of the Rebells in his Maiesties kingdom of Ireland to their due obedience to his Maiesty and the Crown of England and another Act intituled An Act for adding unto explaining the said former Act was procured to be enacted in the said Parliament of England in the 18. yeare of your Maiesties raign by which Acts and other proclamations your Maiesties subiects unsummoned unheard were declared Rebels and two Millions and a halfe of Acres arrable meadow and profitable pasture within this kingdom were sold to undertakers for certain sums of money and the Edifices Loghes Woods Bogs wastes and their appurtenances were thereby mentioned to be granted and past gratis which Acts the said Catholicks doe conceive to have been forced upon your Maiesty and although voyd and uniust in themselves to all purposes yet continue matters of evill consequence and extreame preiudice to your Maiesty and totally destructive to this Nation The scope seeming to ayme at Rebels only and at the disposition of a certain quantity of Land but in effect and substance all the Lands in the kingdom by the words of the said Acts may be distributed in whose possession soever they were without respect to age condition or quality and all your Maiesties Tenures and the greatest part of your Maiesties standing Revenue in this kingdom taken away and by the said Act if it were of force all power of pardoning and of granting those Lands is taken from your Maiesty a president that no age can instance the like against this Act the said Catholicks do protest as an Act against the fundamentall Laws of this kingdom and as an Act destructive to your Maiesties right and prerogatives by colour whereof most of the forces sent hither to infest this kingdom by Sea and Land disavowed any authority form your Maiesty but doe depend upon the Parliament of England 12 All strangers and such as were not inhabitants of the city of Dublin being commanded by the said Lord-Iustices in and since the said Moneth of November 1641. to depart the said city were no sooner departed then they were by the direction of the said Lords-Iustices pillaged abroad their goods seized upon and confiscated in Dublin and they desiring to returne under the protection and safety of the state before their appearance in any action were denyed the same and divers other persons of ranke and quality by the said Lords-Iustices imployed in publick service and others keeping close within their doores without annoying any man or siding then with any of the said Catholicks in Arms and others in severall parts of the kingdom living under and having the protection and safety of the state were sooner pillaged their houses burnt themselves their Tenants and servants killed and destroyed then any other by directions from the said Lords-Iustices and by the like direction when any Commander in cheif of the Army promised or gave quarter or protection the same was in all Cases violated and many persons of quality who obtained the same were ruined before others Others that came into Dublin voluntarily and that could not be justly suspected of any crime if Irishmen or Catholicks by the like direction were imprisoned in Dublin robbed and pillaged abroad and brought to their tryall for their lives The city of Dublin and Cork and the ancient Corporate Townes of Drogheda Yeoghell and Kinsale who voluntarily received garrisons in your Majesties name and the adjacent countries who relieved them were worse used and now live in worse condition than the Israelites did in Aegipt So that it will be made appeare that more murthers breaches of publick faith and quarter more destruction and desolation more cruelly not fit to be named were committed in Ireland by the direction and advice of the said Lords-Justices and their party of the said Counsell in lesse then eighteen Moneths then can pe paraleld to have been done by any Christian people 13 The said Lord-Justices and their adherents have against the fundamentall Lawes of the Land procured the sitting of both houses of Parliament for severall Sessions nine parts of ten of the naturall and genuine Members thereof being absent it standing not with their safety to come under their power and made up a considerable number in the house of Commons of Clerks Souldiers Serving-men and others not legally or not chosen at all or returned and having no manner of estate within the kingdom in which sitting sundry Orders were conceived and dismisse obtained of persons before impeached of Treason in full Parliament and passed or might have passed some Acts against Law and to the prejudice of your Majesty and this whole Nation and during these troubles Tearmes were kept and your Majesties Court of chief place and other Courts sate at Dublin to no other end or purpose but by false and illegall Iudgements Outlawries and other Capitall proceedings to
be maintained by her owne Clergy and her senants of impropriate Parsonages and Viccaridges Thirdly Your Maiesty and Your Royall Father in all the Plantations erected many Free Schooles and endowed them Fourthly many Protestants have built and endowed Free Schooles in speciall places whereas before there were few and those only in some Townes supported by very small salaries not able to give the Teachers subsistance and so in a manner discontinued as well appeared by the ill iteratenes and indeed barbarisme of the people in former times and it cannot be shewed that any Papist there has built or endowed any Schoole nay which is worse all the Popish Clergy and all other Popish Laiety from whom that Clergy can draw any such charity much being so gotten doe send all that can be so gathered to Schooles and Universities beyond the seas whereby that Kingdome is much impoverished and the love and dependency of the people much translated from Your Crowne to forraigne Princes and Potentates To the second Article As they have not spared scandalous and untrue aspersions against Your Maiesty and your Government and against Your Officers and Ministers Arti. 2. which is no other then Art used to cover or if it were possible excuse their odious murthers and other cruelties now committed upon Your Majesties Protestant Subjects so they have presumed to taxe Your gracious Majesty and Your glorious predecessors with want of love and care of their Subjects of that Kingdome by placing as the Remonstrants pretend in the seate of Government and other Offices of eminency men of mean condition and quality who were to begin their fortunes upon the ruines of the Catholique Natives which taxe untrue in it selfe is so undutifull to those Soveraign and gracous Princes as no person of honour will appeare in it but it must be devised by the Romish adversaries of the Clergy or Iesuited Lawyers who now appeare to have been the chiefe firebrands of all these horrible flames which have almost consumed that Kingdome for it cannot be denyed that Your Royall Majesty and the other excellent Princes Your predecessors have since the said Statute of Secundo sent thither to governe Earles Barons and others of noble extraction and plentifull esTates in England and when in intervalls for short times Iustices were appointed they were sometimes Noble men and otherwise men of the best ranke sufficiency and ability to undergoe that charge and it cannot be shewed that many of them have built their fortunes on the ruines of Your Majesties Subjects either Protestants or Preists to whom they 〈…〉 equally in all things but on the contrary some of them have lost themselves and have been much damnified in their estates by their imployment there partly by the unjust clamours and maliciou accusations of of some of those Catholique Natives never enduring long any English Governour or other servants of the King of England that endeavoured the peaceable and legall obedience to the Crowne And it is manifest that of 21 Lieutenants Deputies and Iustices successively Thirty Privy Counsellors and Twelve prime Iudges and several inferior Iudges sent thither out of England since the Statute of 2 do no one of them hath left any Estate there neither were they inriched by that service And though some others and not many left esTates it onely was for the most part by bounty of the Crowne and very few or none by their purchase except the Earle of Strafford who paid great summes of money for all he bought whereas on the other side of eleven prime Iudges and many inferiour Iudges of the birth of Ireland imployed there since the Statute of 2 do every one of them left visible and valuable estates many of them equall at least with the prime Gentry and severall of them in themselves or their posteritie since advanced to titles of honour by the favour of your Majestie and your Royall Ancestors whereby your Majestie may be pleased to judge whether the English or Irish officers have most built their fortunes on the ruines of Catholique Natives It is true that no Natives have been imployed as Chiefe Governours there since the 27. of King Henry the 8. but in former times many of them were untill the last of them gave cause to the King to alter that course And yet since that time most of the prime and inferiour Iudges and the Officers were of the Natives even untill towards the latter end of the Reigne of Queen Eliz. as is before said Vid. the Stat. of 10 H. 7. c. 8. and other Statutes for the prosperitie of Ireland while the English lawes were executed and how it decaied afterwards And if times be compared it will appeare by good records and histories that from the end of the first 90 yeares after the first comming of King Henry the 2d. in which time of 90 yeares the English Colonies spread over all the then most habitable parts of the Kingdome the Townes being also wholly English and the English lawes then only used and obeyed throughout all the English Colonies The Irish then and many yeares after declared enemies and aliens did encroach and prevaile strangely against the English Colonies which happened by reason of the unwise and irregular behaviour of many of the English Lords and Chieftaines of Irish birth who then and after degenerated into Irish manners and usages cast off the English lawes subjected themselves to the Brehon and Irish customes The English Lords falling into mortall quarrels among themselves called in and waged the Irish in their contentions who formerly lived in mountaines bogs were of no force whereby the Irish grew powerfull and bold and so wrested out the English freeholders by allowance of the English Lords which hapned chiefly in the times or by occasion of the civill wars in England joyned with the Irish in marriage fostering gossoprick and all other things even against their own fellow conquerors the English freeholders almost to their utter ruine The Governours also and otehr Officers being for the most part of those old English gave way perhaps necessitated in some times to the Irish encroachments and customes though some of them at severall times behaved themselves nobly and dutifully yet others raised Coyne and Livery and other Irish exactions upon the remaining English Colonies and all other Inferiors All which by the English governours and officers were after taken away insomuch as before the end of the Reigne of King Henry the 8. even al lthe Kingdome except the sive Shires of the Pale walled Townes and som small parts about them which also were much degenerated were turned Irish except a few of prime Nobility the English Law renounced Irish Captainships advanced many of the old English Lores turned Irish Captaines All which Captainships and all exactions coyne and taxes belonging thereunto were after taken away by Act of Parliament And all the Inferiors for the most part wholly reduced into Irish slaverie having neither lands nor goods but at the
them to introduce law for the extirpation of Catholique Religion in the three Kingdomes at any time before these Remonstrants openly entred into this actuall Rebellion and bloudy assacination though those Remonstrants draw it in amongst their provocations to take up Armes Neither indeed did those Remonstrants feare any violence or sharpe prosecution from their quiet Neighbours the Protestants in Ireland there having been very great and as now appeares very dangerous patience used towards the Remonstrants aswell by Governours as all Officers and Protestants who would have beene glad to live among them in peace if the Remonstrants could have endured their company Lastly whereas they seeme grieved That the Parliament of England encroached against law and unjustly upon the Priviledges of Parliament in Ireland in sending for and questioning too and in the English Parliament the members of that Parliament They do wel now to expresse sence of it amongst the rest of their pretexts for their wicked acts But when Protestant members of this Parliament against whom that pretended encroachment most extended were sent for they imploring the aid of the Parliament of Ireland to defend them and their priviledges were not holpen therin by the Commons house but were answered by a leading Member of the Cōmons house now a Remonstrant that the House should do well not to take notice thereof least any variance should arise betweene the two Parliaments so unwilling they were to assist the Protestants or maintaine that right which now they so stoutly challenge though a good while afterwards both Houses tooke occasion to write to their Committee in England to sollicite concerning that particular And so little feare had they then of any pernicious purposes in that Parliament against them though they now make mention of that Parliaments unwarrantable invasion since made on your Majesties Rights and Prerogatives as a pretence for their wicked and abominable actions long before that begun In the seventh Article Those Remonstrants doe justly acknowledge your Majesties grace and Princely patience in hearing their grievances 7. Article which would have wrought upon any loyall or dutifull heart to returne love and obedience to so gracious a Soveraigne and at least neighbour-like demeanour towards your Majesties faithfull Subjects the Brittish and Protestants which how they performed their then immediately ensuing acts doe demonstrate But in this Article also they continue their untrue and malicious calumniations against your Majestie in your Governours and Officers who did never give any of them just cause of offence It cannot appeare that the Lords Justices and Counsell did give any untrue Information against them or the Committees of that Parliament neither is it true that any such thing was done for that they know the Counsell of whom the Lords Justices then were gave all the furtherance they could to the going of that Committee Hoping that what your Majestie should be pleased to grant might redound to the common benefit of your people Neither did any Privie Counsellours goe into England of purpose to crosse or give impediment to your Majesties Justice and graces But it is true that the late Lord Dillon afterwards Earle of Roscomon and Sir Adam Loftus your Majesties Vice-Treasurer were about that time sent for by your Majestie upon the motion of your Parliament of England as it seemed to testifie in the cause moved in that Parliament against the Earle of Strafford And if in their attendance there their advice or knowledge concerning any thing there propounded or handled by the Committee were required by your Majestie doubtlesse those Counsellours did faithfully discharge the duty of good servants to your Majestie and true wel-wishers to that Kingdome being both Natives thereof and members of that Parliament Neither did your Majesties Justices and Counsell transmit unto your Majestie or any of the State of England any misconstructions or misrepresentations of the proceedings and actions of that Parliament but rather it may justly be beleeved that those Remonstrants doe worke upon their owne evill imaginations in this as in the former Articles they have presumed to avouch severall knowne untruths Nay the Lords Justices were so farce from any such malevolence to that Parliament or any Members thereof as when they received your Majesties Commission dated the sourth of Ianuary 1640. authorizing them to continue prorogue or determine the Parliamnent as they thought fit They in confidence that the intent of all the Members of the Parliament was for the generall good of the Kingdome and your Majesties service did willingly continue it and gave all countenance and assistance to it which well appeares by a motion made by a noble Peere in the Lords House That the Lords Justices had alwayes chearfully received their requests and Messages and were ready to comply with them desiring it might be entred to the end it might remaine to posteritie It is also conceived that when your Majestie had given direction that all Letters from thence should be kept apart to the end the Committee might have recourse unto them if any such misrepresentations could have appeared to them they would have instanced the same in this Remonstrance and not have offered to your Majestie suppositions for certainties And touching the Parliament of Irelands power of Judicature in matters Capitall there was nothing written from thence concerning that matter untill your Majestie being advertized of the impeachment of the Lord Chancellour and others in the Lords House required the Lords Justices to search and certifie whether any presidents might be found there for such a proceeding Your Majestie then also graciously declaring that as your Majestie intended not to prejudice the Rights of the Lords House so your Majestie did expect that they should nto introduce any new president for that cause Thereupon the Lords Justices having searched and demanded of the two Houses of Parliament if any such presidents they could shew none were produced which the Lords Justices certified backe to your Majesties principall Secretarie as in duty they ought And it is beleeved that those Remonstrants would not now more earnestly presse for that power in Judicature then heretofore was done were it not by the exercise or terrour thereof if their partie could have prevailed to rid themselves of your Majesties English Judges and Officers whom they cannot endure to beare rule amongst them though they clearly saw the Kingdome prospered above any former times under their great labour and travell It is most untrue that your Majesties Protestant officers or subjects did envy the good union betweene the two Houses But the truth is they did labour to cherish and confirme it by their uttermost skill and industry And if your Majesties servants or your Protestant subjects did happen to oppose those Remonstrants in any their undutifull motions and projects either concerning Religion or your Majesties Protestant Clergie or concerning the derogation of your Majesties Prerogatives Rites and authories or malicious practise against your Majesties Officers Those Remonstrants did and now
Protestant Religion in Ireland according to the Laws and Statutes in the said Kingdome now in force 2. That the Popish titular Archbishops Bishops Jesuits Friers and Priests and all others of the Roman Clergy be banished out of Ireland because they have been the stirrers up of all rebellions and while they continue there there can be no hope of safety for your Maiesties Protestant Subjects And that all the Laws and Statutes established in that Kingdome against propery and popish Recusants may continue of force and be put in due execution 3. That restitution may be made of all our Churches and Church-rights and revenues and all our Churches and Chappels re-edified and put in as good estate as they were at the breaking out of the rebellion and as they ought to be at the charge of the confederate Roman Catholiques as they call themselves who have been the occasion of the destruction of the said Churches and possessed themselves of the profits and revenues thereof 4. That the Parliament now sitting in Ireland may be continued there for the better settlement of the Kingdome And that all persons duely indicted in the said Kingdome of Treason Felony or other heynous crimes may be duely and legally proceeded against out-lawed tryed and adjudged according to Law And that all persons lawfully convicted and attainted or to be convicted and attainted for the same may receive due punishment accordingly 5. That no man may take upon him or execute the Office of a Major or Magistrate in any Corporation or the Office of a Sheriffe or Justice of peace in any City or County in the said Kingdom untill he have first taken the Oaths of Supremacy and Allegiance 6. That all popish Lawyers who refuse to take the Oaths of Supremacy and Allegiance may be suppressed and restrained from practice in that Kingdome the rather because the Lawyers in England doe not here practice untill they take the Oath of Supremacy and it hath been found by wofull experience that the advice of popish Lawyers to the people of Ireland hath been a great cause of their continued disobedience 7. That there may be a present absolute suppression and dissolution of all the assumed arbitrary and tyrannicall power which the said confederates exercise over your Majesties subjects both in causes Ecclesiasticall and Temporall 8. That all the Armes and Ammunition of the said Confederates be speedily brought in to your Majesties stores 9. That your Majesties protestant Subjects ruined and destroyed by the said Confederates may be repaired for their great losses out of the estates of the said Confederates not formerly by any Acts of this present Parliament in England otherwise disposed of whereby they may the better be enabled to reinhabit and defend the said Kingdome of Ireland 10. That the said Confederates may rebuild the severall plantation houses and castles destroyed by them in Ireland in at good state as they we eat the breaking out of the rebellion which your Majesties protestant subjects slave beene bound by their severall Patents to build and maintaine for your Majesties service 11. That the great arreares of rent due to your Majesty out of the estates of your Majesties protestant subjects at and since Michaealmas 1641 may be paid unto your Majesty by such of the said Confederates who have 〈…〉 the said rents to the uses of the said Confederates or dessroyed the same by disabling your Majesties protestant subjects to pay the same and have also destroyed all or the most part of all other rents or meanes of support belonging to your said protestant subjects And that your said protestant Subjects may be discharged of all such arreares of rents to your Majesty 12. That the said Confederates may give satisfaction to the Army for the great arreares due unto them since the rebellion and that 〈◊〉 Communcers as have raised forces at their owne charges and laid forth great famines of money out of their owne purses and engaged themselves for money and provisions to keepe themselves their holds and souldiers under their commands in the due and necessary defence of your Majesties right and Laws may be in due sort satisfied to the encouragement of others in like times and cases which may happen 13. That touching such parts of the said Confederates estates as being forfeited for their Treasons are come or shall duely come into your Majesties hands and possession by that Title your Majesty after due satisfaction first made to such as claime by former acts of Parliament would be pleased to take the same into your own hands and possession and for the necessary encrease of your Majesties revenue and better security of your said Kingdome of Ireland and protestant Subjects living under your gracious government thereto plant the same with Brittish and Protestants upon reasonable and honourable tearmes 14. That one good walled Town may be built and kept repaired in every County of the said Kingdome of Ireland and endowed and furnished with necessary and sufficient meanes of legall and just government and defence for the better security of your Majesties Lawes and rights more especially the true Protestant Religion in times of danger In any of which Townes no papist may be permitted to dwell or inhabit 15. That for the better satisfaction of justice and your Majesties honour and for the future security of the said Kingdome and your Majesties Protestant subjects there exemplary punishment according to Law may be inflicted upon such as have there traiterously leavyed warre and taken up Armes against your Majestles protestant Subjects and Laws and therein against your Majesty especially upon such as have had their hands in the shedding of innocent blood or had to doe with the first plot or conspiracy or since that time have done any notorious murder or overt act of Treason 16. That all your Majesties Townes Forts and places of strength destroyed by the said Confederates since the said rebellion may be by them and at their charges re-edified and delivered up into your Majesties hands to be duely put into the government under your Majesty and your Laws of good Protestants and that all strengths and fortifications made and set up by the said Confederate since the said rebellion may be slighted and throwne down or else delivered up and disposed of for Protestant government and security as aforesaid 17. That according to the presidents of former times in cases of generall rebellions in Ireland the attainders which have been duely had by Outlary for Treason done in this rebellion may be established and confirmed by act of Parliament to be in due forme of Law transmitted and passed in Ireland and that such Traitors as for want of Protestant and indifferent Jurors to indict them in the proper County are not yet indicted nor convicted or attainted by Outlary or otherwise may upon due proofe of their offences be by like act of Parliament convicted and attainted and all such offenders forfeit their estates as to Law appertaineth and your Majesty to
with instructions from His Majesties protestant subjects of Ireland and had exhibited a petition and propositions to his Majesty who had promised them a gracious hearing and that they heard that the Rebells Agents were somewhat neare a dispatch and therefore entreated them who as they understood were to be admitted to attend the Lords of the Committee for Irish affairs that afternoone that they would move their Lordship that the protestant Agents who had diver a things of great consequence to offer to their Lordships might be admitted to a full hearing before matters proceeded too farce His Majesty having promised them a gracious hearing and they having attempted many other meanes to obtaine the same and that their Lordships would admit the said protestants Agents to see a copy of what was moved by the rebells being also ready to deliver a Copy of the Protestants Agents propositions The next day Sir George Radcliff sent for the Protestant Agents and in the presence of Sir William Stewart and the rest of the Gentlemen aforenamed he told them that they had acquainted the Lords of the Committee with their desires and that their Lordships commanded them to returne this answer that their Lordships tooke it ill that the said Agents were so forward in prejudicating the Kings Justice and their Lordships and that they should be heard at large before any conclusion were and said further that themselves were thought too forward to present such a request but as to the Protestants Agents desire of having a coppy of the rebells propositions they received no answer The first of May the Protestant Agents were commanded to attend the said Committee for Irish affaires at the audit Chamber in Oxford which accordingly they did The Lords of the Committee then present being the Lord Cottington the Earle of Bristol the Earle of Portland the Lord George Dagby Sir Edward Nicholas Sir Iohn Culpepper and Sir Edward Hade At which time their Lordships caused to be read the Protestants Petition and their propositions presented to His Majesty and the Instructions from the Protestants of Ireland and the order of the Commons house of the Parliament of Ireland of the 17 of February 1643. Declaring the concurrence of that house to the said petition but the Collections made in answer of the Remonstrance of the Irish which would have disproved their untrue pretences was not read Then the E. of Bristol told the said Agents that both the King and themselves were sensible of the prejudicate opinion which the said Agents had of their Iustice by their pressures to be heard and by their beliefe of vulgar reports That the said Agents could not be more carefull of the Protestants and Protestant Religion then their Lordships were To which the said Agents answered that if they had erred in pressing to be heard it was but out of their zeale to the service and for the preservation of the remnant of the poore Protestants of Ireland who intrusted them and out of a desire that His Majesty and their Lordships might be rightly informed of the past sufferings and present deplorable condition of the Protestants there which the said Agents humbly desired might be no otherwise represented to his Majesty and that they might be admitted to the proofe of the particulars contained in the said Protestant Petition which they humbly conceived to be of greatest concernment to them in discharge of their trust whereupon the said Agents were bidden to withdraw and soone after were called in againe and commanded to subscribe the propositions which they had formerly presented to His Majesty and were that day read before their Lordships which they did and the same day they were appointe in the afternoone to attend the Lord Priimate the Lord Bishop of Downe Sir Geo. Radcliff and others and there Sir George Radcliff cold them that they were commanded by the Committee for Irish affaires to let them know how ill they tooke the height and unreasonablenesse of their said Propositions and to deliver them this ensuing message First that their Lordships did not think that the Propositions presented by the pretestant Agents to His Majesty and that morning read before their Lordships were the sence of the Protestants of Ireland Secondly That those Propositions were not agreeable to the Instructions given the said Agents by the protestants of Ireland Thirdly That as those Propositions were drawn they would lay a prejudice on His Majesty and His Ministers to posterity these remaining on record if a Treaty should go on and a 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 Fourthly That it would be impossible for the King to grant the Protestant Agents desires and grant a Peace to the Irish Fifthly 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 affaires in England To which Message the Protestant Agents gave Answer to this effect TO the first 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 were agreeable to the Instructions given to the said Agents by the protestants of Ireland and conduced to the well settlement of that Kingdome 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 soone 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 proofe of the effect of the protestants Petition to manifest the inhumane Cruelties of the Rebells and then to offer such things as they thought fit for the security of the protestants in their Religion lives liberties and fortunes That the said Protestants had no disaffection to peace so as punishment be inflicted according to law as in the propositions are expressed and that the said pretestants might be repaired for their great losses out of the estates of the rebells 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 affaires in England and conceived that part more proper for the advice of his Councells then the said Agents and therefore desired to be excused from medling in the Treaty further then the manifesting of the truth of the protestant petition and proposing in the behalfe of the protestants according to the Instructions given them which the said Agents were ready to preforme whensoever they should be admitted thereunto And having read them before their Lordships c. Sir George Radcliff told the said Agents that while they continued so
in that Kingdome for the encrease of Your Majesties revenues towards the defraying of Your Majesties necessary chage of that Kingdome the satisfying in some measure the arreares of Your Army in Ireland especially those who have laid great sums of money out of their owne purses and deeply engaged themselves for money and provisions to keepe themselves their holds and Souldiers under their commands in the necessary defence of Your Majesties rights and lawes and for the encouragement of others in like times and cases which may happen who otherwise will be totally ruined by their great engagements which we humbly submit to Your Majesties consideration And likewise that Your Majesty will be graciously pleased in the said plantations to erect and build some walled Townes in the said Kingdome of Ireland and endow and furnish them with necessary and sufficient meanes of legall and just government and defence for the better security of Your Majesties lawes and rights more especially the Protestant Religion in time of danger 11. That for the better satisfaction of Justice and Your Majesties honour and for the future security of the said Kingdome and Your Maiesties protestant subiects there exemplary punishment may be inflicted upon such of the principall offenders as have had their hands in the shedding of innocent blood or had to doe with the first plot or conspiracy or since that time have done any notorious murthers 12. That Your Maiesties Townes forts and places of strength destroyed by the said confederates since the said rebellion may be by them and at their charge reedified and delivered up into Your Maiesties hands to be duly put into the government under Your Maiesty and Your lawes of good protestants and that all strengths and fortifications made and set up by the said confederates since the said rebellion may be slighted and thrown down or else delivered up and disposed of for Protestant government as aforesaid 13. That Your Maiesties Protestant subiects may be restored to the quiet and peaceable possession of all their Castles Houses mannors lands Tenements hereditaments and leases as they had the same before and at the time of the breaking forth of this rebellion and from whence without due processe and Judgement in law they have since then been put out and kept 14. That Your Maiesties said Protestant subiects may also be restored to or satisfied for all their monies plate Jewells houshold Stuffe Goods or Chattells whatsoever which during the Rebellion have been delivered to any person or persons of of the confederates in trust to be kept and preserved which are yet detained from them without colour of law or Justice 15. That the establishment and maintenance of a compleat protestant Army and sufficient protestant Souldiers and forces for the time to come in Ireland be speedly taken into Your Majesties Prudent Just and Gracious confideration and such a course laid down and continued therein according to the rules of good government that Your Majesties rights and lawes and the protestant Religion and Peace of that Kingdome be no more endangered by the like Rebellion in time to come 16. That whereas it appeareth in print that the said confederates amongst other things aime at the repeale of Poynings Act thereby to open an easie and ready way for 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 Kingdome and to Your Majesties other Dominions Your Majesty would be pleased to recent and reject all propositions tending to introduce so great a Diminution of Your royall and necessary power for the conservation of Your royall estate and protection of Your good protestant subjects both there and elsewhere 17. That Your Majesty out of Your abundant grace and favour to Your Protestant subjects of Ireland will be pleased to consider effectually of assuring them that if your Majesty shall thinke fit for the furtherance of your service to grant to the said confederates an Act of oblivion that your Majesty will not allow of discharge or release any actions suites debts or interests whereby your Majesties protestant subjects of Ireland may be barred or deprived or any of their party in respect of any wrongs done unto them or any of their ancestors or predecessors in and concerning their lands goods or estates since the contriving or breaking forth of the said rebellion 18. That some fit course may be considered of to prevent the filling or overlaying the Commons house of Parliament in Ireland with popish recusants and unlesse some course shall by due meanes be settled the popish faction may at some time or other get such an over-ruling power in that house as may endanger both your Majesties rights and royall prerogatives and the Protestants of that Kingdome And that provision may be made that none shall Vote or sit in any Parliament there but such as shall first take the Oaths of Supremacy and Alleageance 19. That the proofs and manifestation of the Truth of the severall matters contained in the Petition of your Majesties protestant subjects of Ireland and the collections made to disprove the scandalous aspersions cast on your Majesties gracious government and on your good and loyall protestant subjects by the confederates may be duly examined and discussed The seventh of May Sir William St Leger came from His Majesties Army to Oxford and being with the protestant Agents told them That that party of the Army that came out of Munster in Ireland were much discontented to heare that the protestant Agents received no better countenance and that he had told the Lord Digby so much and that the Lord Digby on discourse with the said Sir William said That The greatest favour he could doe the Protestants Agents was to call them mad men that he might not call them roundheads for that the said Agents had proposed mad propositions and wished him to prevaile with some of the Agents to come to him that he might confer with them which the said Agents did not the L. Digbies expressions then and before so little encouraging them thereunto The same day there was a report in Oxford grounded upon a letter that came out of Ireland signifying that it went for currant newes in Dublin that the Irish Agents were dispatched at Court and that they staid to procure the protestants pardons This being told to the L. Digby by the said Sir William St Leger his Lordship answered That the Protestant Agents had raised that report of purpose to cast an aspersion upon the King The eighth of May the Protestant Agents waited on Mr. Secretary Nicholas desiring to know what resolution was taken upon their second propositions who told them That the Lords sate not that day according to their appointment And the said Agents heard by others that some of the Lords desired to avoid sitting in counsell when the businesse of Ireland was debated The ninth of May the protestant Agents were commanded to wait at the
Councell board which they did and His Majesty being present told them That they were sent over by his Protestant subjects to move him in their behalfe and desired to know in what condition the Protestants were to defend themselves in case a peace should not be concluded which was answered by the Protestant Agents That they humbly conceived they were imployed first to make proofe of the effect of the protestants petition and disprove the scandalous aspersions which the Rebells had cast on His Majesties government and the protestants of Ireland The King said that needed not for to what purpose is it to prove the Sun shines this day when we all see it The Agents said they found not His Majesty satisfyed but that the five severall Counties called the English Pale were forced into Rebellion by his governours To which His Majesty answered That that was but an assertion of the Irish Then the King againe defired to know in what condition the protestants were in to defend themselves in case he should not make a peace with the Irish The said Agents desired some time to make an answer to that Question but His Maiesty answered That he thought they had come prepared to declare the whole condition of that Kingdome And further asked whether they would have Peace or no. To which it was answered by the Agents That peace was the thing they had been bred up in and that they were not against peace so it might stand with His Majesties honour and safety of his protestant subjects in their Religion Lives Liberties and Fortunes Then the Lord Digby told His Majesty That they desired Peace The Duke of Richmond and the Earle of Linsie replied it is true the Agents have expressed that they are not against Peace so that it may be with honour to His Majesty and safety to His Majesties Protestant Subjects of Ireland Then the King said he had rather they should have their Throates cut by Warre then that they should suffer by a Peace of His making And that hee would take a care that the Protestants of Ireland should be preserved His Majesty told the said Agents that they should have a Copy of the Propositions of the Irish and wished them to make an answer to them And the said Agents being wished to withdraw and being sent for in againe His Majesty told them That for the cleering of the matter he must tell them two things the first was That he could not relieve his Protestant subjects in Ireland either with Men Money Armes Ammunition or Victuals And secondly That he could not allow them to joyne with the new Scots or any others that had taken the Covenant with them And on the same day about one of the clocke the Protestant Agents received a copy of the Rebels high and destructive propositions from Secretary Nicholas who wisht them from His Majesty to put in their answers thereunto within two daies On which the Agents desired two daies longer which was granted And on the 13 of May 1644. at the Councell-board the King Prince and Duke of Yorke with many of the Lords there sitting the Protestant Agents presented unto His Majesty their answers to the Rebels propositions both which hereafter follow in haec verba The Propositions of the Roman Catholiques of Ireland humbly presented to His sacred Majestie in pursuance of their Remonstrance of grievances and to be annexed to the said Remonstrance Together with the humble Answer of the Agents for the Protestants of Ireland to the said Propositions made in pursuance of your Majesties directions of the ninth of May 1644. requiring the same 1. Proposition THat all acts made against the Professors of the Roman Catholique Faith whereby any restraint penalty mulct or incapacity may be laid upon any Roman Catholique within the Kingdome of Ireland may be repealed and the said Catholiques to be allowed the freedome of the Roman Catholiqus Religion Answer To the first We say that this hath been the pretence of almost all those who have entered into rebellion in the Kingdome of Ireland at any time since the Reformation of Religion there which was setled by Acts of Parliament above 80 yeeres since and hath wrought good effects ever since for the peace and welfare both of the Church and Kingdome there and of the Church and Kingdome of England and Protestant party throughout all Christendome and so hath been found wholsome and necessary by long experience And the repealing of those Laws will set up Popery againe both in jurisdiction profession and practice as it was before the Reformation and introduce amongst other inconveniences the Supremacy of Rome and take away or much endanger your Majesties supreame and just authority in causes Ecclesiasticall a diminution of honour and power not to be endured the said Acts extending as well to seditious sectaries as to popish recusants so as by the repeale thereof every man may seeme to be left to choose his owne Religion in that Kingdome which must needs beget great confusion and the abounding of the Roman Clergy there hath been one of the greatest occasions of this late rebellion Besides it is humbly desired that your Majesty will be pleased to take into your gracious consideration a clause in the Act of Parliament passed by your Majestis Royall assent in England in the seventeenth yeere of your Reigne touching punishment to be inflicted upon those that shall introduce the authority of the See of Rome in any case whatsoever 2. Proposition That your Majesty will be pleased to call a free Parliament in the said Kingdome to be held and continued as in the Remonstrance is expressed And the Statute of the tenth yeere of King H 7. called Poynings Act and all Acts explaining or enlarging the same be suspended during that Parliament for the speedy settlement of the present affaires and the repeale thereof to be there further considered of Answer Whereas they desire to have a free Parliament called reflecteth by secret and cunning implication upon your Majesties present Parliament in Ireland as if it were not a free Parliament we humbly beseech your Majesty to resent how dangerous it is to make such insinuation or intimation to your people of that Kingdome touching that Parliament wherein severall Acts of Parliament have already past the validity whereof may be endangered if the Parliament should not be approved as a free Parliament and it is a point of so high nature as we humbly conceive it not properly to be discussed but in Parliament and your Majesties said Parliament now sitting is a free Parliament in law holden before a person of honour and fortune in that Kingdome composed of good loyall and well affected subjects to your Majesty who doubtlesse will be ready to comply in all things that shall appeare to be pious and just for the good of the true Protestant religion and for your Majesties service and the good of that Church and State That if this present Parliament should be dissolved it would
and Trust within that Kingdome be conferred upon Romane Catholiques Natives in equallity and indifferencis with your Majesties other Subjects Answ We humbly conceive that the Romane Catholique Natives in Ireland may have the like Offices and Places as the Romane Catholiques Natives of England here have and not otherwise Howbeit we conceive that in the generallity they have not deserved so much by their late Rebellion Therefore wee see not why they should be endowed with any new or further Capacities or Priviledges then they have by the Laws and Statutes now in force in that Kingdome 9. Propos That the insupportable oppression of your Subjects by reason of the Court of Wards and respit of homage be taken away and a certain Revenew in lieu thereof fetled upon your Majestie without diminution of your Majesties profits Answ We know of no oppression by reason of the Court of Wards and we humbly conceive that the Court of Wards is of great use for theraising of your Majesties Revenews the preservation of your Majesties Tenures and chiefly the education of the Gentry in the Protestant Religion and in civility of learning and good manners who otherwise would be brought up in ignorance and barbarisme their estates be ruined by their kindred and friends and continue their dependencie on the chief Lords to the great prejudice of your Majesties service and Protestant Subjects And there being no colour of exception to your Majesties just Title to Wardships we know not why the taking away of your Court concerning the same should be so pressed unlesse it bee to prevent the education of the Lords and Gentry that fall Wards in the Protestant Religion For that part of this Proposition which concerneth respit of Homage we humbly conceive it reasonable that some way may be setled for that if it stand with your Majesties good pleasure without prejudice to your Majestie or your Protestant Subjects 10. Propos That no Lord not estated in that Kingdome or estated and not resident shall have Vote in the said Parliament by proxie or otherwise and none admitted to the House of Commons but such as shall be estated and resident within the Kingdome Answ Wee humbly conceive that in the year 1641. by the graces which your Majestie then granted to your Subjects of Ireland the matter of this Proposition was in a fair way regulated by your utter abolishing of blank Proxies and limitting Lords present and attending in the Parliament of Ireland that no one of them should bee capable of more Proxies then two and prescribing the Peers of that Kingdome not there resident to purchase fitting proportions of Land in Ireland within five years from the last of July 1641. or else to lose their Votes till they should make such purchases which purchases by reason of the troubles happening in that Kingdome and which have continued for two years and a half have not peradventure yet been made And therefore your Majestie may now bee pleased and may take just occasion to enlarge the time for five years from the time when that Kingdome may again bee setled in a happy and firme peace And as to Members of the House of Commons the same is most fit as wee humbly conceive to be regulated by the Laws and Statutes of that Kingdome 11. Propos That an Act bée passed in the next Parliament declaratory that the Parliament of Ireland is a frée Parliament of it self independent of and not subordinate to the Parliament of England And that the Subjects of Ireland are immediatly subject to your Majesty as in right of your Crown And that the Members of the said Parliament of Ireland and all other the Subjects of Ireland are independent and no way to bée ordered or concluded by the Parliament of England and are onely to bée ordered and governed within that Kingdome by your Majestie and such Governors as are or shall be there appointed and by the Parliament of that Kingdome according to the Laws of the Land Answ This Proposition concerns your Majesties high Courts of Parliament both of England and Ireland and is beyond our abilities who are not acquainted with the Records and Presidents of this nature to give any answer unto and therefore we humbly desire your Majesties pardon for not answering unto the same 12. Propos That the assumed power of jurisdiction in the Councell boatd of determining of all manner of Causes be limitted to matters of State and all Pattents Estates and Grants illegally and extrajudicially avoyded there or elsewhere bée left in state as before and the parties grieved their heirs or assignes till legall eviction Answ The Councell-Table hath alwaies exercised jurisdiction in some cases ever since the English Government was setled in that Kingdome and is of so long continuance in cases of some natures as the beginning thereof appeareth not which seemeth to be by prescription and hath always been armed with power to examine upon Oath as a Court of Justice or in nature of a Court of Justice in Cases of some natures and may bee very necessary still in many Cases especially for the present till your Majesties Lawes may more generally bee received in that Kingdome And we conceive that Board is so well limitted by Printed Instructions in your Majesties Royall Fathers time and by your Majesties graces in the 17. year of your Reign that it needeth for the present little or no further Regulating at all howbeit they humbly refer it to your Majesties great wisdome and goodnesse to do therein as to Law and Justice shall appertaine Propos 13. That the Statute of the 11.12 and 13. yéer of Quéen Elizabeth concerning Staple commodities be repealed reserving to his Majesty lawfull and just poundage and a book of Rates to be setled by an indifferent Committée of both Houses for all Commodities Answ The matter of this Proposition is setled in a fitting and good way by your Majestie already as we conceive amongst the graces granted by your Majesty to your people of Ireland in the 17 year of your Majesties Reign to which we humbly refer our selves Propos 14. That in as much as the long continuance of the chief Governour or Governours of that Kingdome in that place of so great eminency and power hath béen a principall occasion that much Tyranny and oppression hath béen exercised upon the Subjects of that Kingdome That your Majestie will be pleased to continue such Governours hereafter but for thrée years And that none once imployed therein be appointed for the same again until the expiration of six years next after the end of the said thrée yéers And that an Act passe to dis-inhable such Governour or Governours during their Government directly or indirectly in Vse Trust or other wise to make any manner of purchase or Acquisition of any Manners Lands Tenements or Hereditaments within that Kingdome other then from your Majesty your heirs or successors Ans We humbly conceive that this Proposition tendeth to lay a fals and scandalous
aspersion upon your Majesties gracious government over Ireland and that it trencheth very high upon your Wisdome Justice and Power and under colour of supposed corruptions pretended to be in the greatest Officer that Commandeth under your Majestie there if he continue so long in his government as may well enable him to finde out and discover the true state of that Kingdome and the dangerous dispositions and designes of the Popish party there to prevent him therein and to turn him out from doing service before or assoon as he is throughly informed and experienced how to do the same and then to hold him excluded so long that in all likelihood he shall not live to come to that place the second time which we humbly conceive will be a great discouragement to any person of honour and fortune to serve your Majesty in that high trust And for their purchasing Lands in that Kingdome your Majesty may be pleased to leave them to the Lawes and punish them severely if they commit any offence or exercise any oppressions under colour of purchasing of any lands or estates whatsoever Prop. 15. That an Act may be passed in the next Parliament for the raising and setling of Trained Bands within the severall Counties of that Kingdome aswell to prevent forraign invasions as to render them the more serviceable and ready for your Majesties occasions as cause shall require Answ The having of Trained bands in Ireland for the present cannot under favour be for your Majesties service or the safety of that Kingdome for that the Protestants by the sad effects of the late Rebellion are so much destroyed that the said Bands must consist in effect altogether of the confederate Catholiques and to continue them in Armes stored with Ammunition and made ready for service by mustering and often Trayning will prove under colour of advancing your Majesties service against forraign invasion a meet guard and power of Popish Forces alwayes in readinesse to protect the Popish confederates and by force and Armes according to their late oathes and Protestations to execute all their cruell designs for extirpation of the Protestant Religion and English Government both which they mortally hate howsoever in cunning they dissemble it and to prevent the setling an Army of good Protestants without which your Majesties good Subject cannot live securely there Propos 16. That an Act of Oblivion be passed in the next frée Parliament to extend to all your Majesties said Catholique Subjects and their adherents for all manner of offences Capitall Criminall and Personall and the said Act to extend to all Goods and Chattels Customes Measne Profits Prizes Arrears of Rents taken received or incurred since these troubles Answ We humbly pray that the Laws of force be taken into consideration and do humbly conceive that your Majesty in honour and Justice may forbear to discharge or release any Actions Suits Debts or Interests whereby your Majesties Protestant Subjects who have committed no offence against your Majestie or your Laws should be barred or deprived of any of their Legall remedies or just demands which by any of your Majesties Laws and Statutes they may have against the Popish confederates who are the onely delinquents or any of their party for or in respect of any wrongs done unto them or any of their Ancestors or Predecessours in or concerning their Lands Goods or Estates since the contriving or breaking forth of Rebellion The said confederates having without provocation shed so much innocent blood and acted so many cruelties as cannot be parallel'd in any story And we conceive it to be high presumption in them upon so weak grounds to propound an Act of Oblivion in such generall termes some of the confederates having been contrivers or Actors of such cruell Murthers and other Acts of Inhumanity as cry to God and your Sacred Majesty for Justice and they having of your Majesties Revenues Customes Subsidies and other rights of your Crown in their hands or destroyed by them to the value of 200000. l. and more Propos 17. Forasmuch as your Majesties said Catholique Subjects have béen taxed with many Inhumane cruelties which they never committed Your Majesties said suppliants therefore for their vindication and to manifest to all the world their desire to have such hainous offences punished and the Offenders brought to Austice Do desire that in next the Parliament all notorious murthers breaches of Quarter and Inhumane cruelties committed of either side may be questioned in the said Parliament if your Majesty so think fit And such as shall appear to be guilty to be excepted out of the said Act of Oblivion and punished according to their deserts Forasmuch Dread Soveraign as the ways of our addresse unto your Majesty for apt remedies unto our grievances were hither to debarred us but now at length through your benign grace and favour laid open We do humbly present these in pursuance of the said Remonstrance which granted your said subjects are ready to contribute the 10000. Men as in their Remonstrance is specified towards the suppressing of the unnaturall Rebellion now in this Kingdome and will further expose their lives and fortunes to serve your Majestie as occasion shall require Answer We conceive this Proposition is made but for a flourish and if the confederates be so desirous to try their innocency as they pretend they need not stay for another Parliament in Ireland but submit to that which is now in being which is an equall and just Parliament as in some of our reasons touching that point is expressed And the offering to draw it to a new Parliament is in effect to desire that they may be their own Judges for as that Kingdome is now imbroiled and wasted the chief delinquents or their confederates will be so prevalent a faction in the next Parliament that they will be able and doubtlesse will clear all the Popish party how guilty soever and condemn the Protestants how Innocent soever These Answers to the High and unexpected demands of the confederate Rebels we have framed in humble obedience to your Majesties directions but being very sensible as of the weight and great importance of the businesse so also of our own weaknesse and want of time and well knowing that some of your Majesties Privy Councellours Judges and Officers of that Kingdome are now in Town sent for over and here attending by your Majesties command who by their long observation and experience of the affairs and state of Ireland are better able to give your Majesty more full and satisfactory answers touching the premisses then we can and conceiving that the Collections in answere to the said confederates Remonstrance which we humbly presented to your Majesty the 29. of the last Moneth of April may in many things give your Majestie more light then these our Answers do or can We humbly beseech your Majestie that the said Privy Councellours Judges and Officers as occasion shall require may be called upon and heard to give your
not prevayling therein with your Majesty as they expected have by their Letters and instruments labored with many leading Members of the Parliament there to give stop and interruption thereunto and likewise transmitted unto your Majesty and some of the state of England sundry misconstructions and misrepresentations of the proceedings and actions of your Parliament of this your Kingdom and thereby endeavoured to possesse your Majesty of an evill opinion thereof and that the said Parliament had no power of Iudicature in Capitall causes which is an essentiall part of Parliament thereby ayming at the impunity of some of them and others who were then impeached of high Treason and at the destruction of this Parliament But the said Lords-Iustices and privy counsell observing that no art or practise of theirs could be powerfull to withdraw your Majesties grace and good intentions from this people and that the redresse granted of some principall grievances was to be passed as Acts in Parliament The said Lords Iustices and their adherents with the height of malice envying the good union long before setled and continued between the Members of the house of Commons and their good correspondency with the Lords left nothing unattempted which might raise discord and disunion in the said house and by some of themselves and some instruments of theirs in the said Commons house private meetings of great numbers of the said house were appointed of purpose to raise distinction of Nation and Religion by meanes whereof a faction was made there which tended much to the disquiet of the house and disturbance of your Majesties and the publicke service And after certaine knowledge that the said Committees were by the waterside in England with sundry important and beneficiall Bills and other graces to be passed as Acts in that Parliament of purpose to prevent the same the said faction by the practise of the said Lords-Iustices and some of the said privy Counsell and their adherents in tumultuous and disorderly manner on the seventh of August 1641. and on severall dayes before cryed for an adjournment of the house and being over-voted by the voyces of the more moderate part the said Lords-Iustices and their adherents told severall honorable Peeres that if they did not adjourne the Lords house on that day being Saturday that they would themselves prorogue or adjourne the Parliament on the next Monday following by meanes whereof and of great numbers of proxies of Noblemen not estated nor at any time resident in this Kingdom which is destructive to the liberty and freedome of Parliament here the Lords house was on the said seventh day of August adjourned and the house of Commons by occasion thereof and of the faction aforesaid adjourned soone after by which meanes those Bills and graces according your Majesties intention and the great expectation and the longing desires of your people could not then passe as Acts of Parliament Within a few dayes after this fatall and inforced adjournment the said Committees arrived at Dublin with their dispatch from your Majesty and presented the same to the said Lords-Iustices and Councell expressing a right sense of the said adjournment and besought their Lordships for the satisfaction of the people to require short heads of that part of the dispatch wherein your Majesty did appeare in the best manner unto your people might be suddainly conveyed unto all the parts of the Kingdom attested by the said Lords-Iustices to prevent dispayre or misunderstanding this was promised to be done and an instrument drawn and presented unto them for this purpose and yet as it seemes desiring rather to adde fuell to the fire of the subjects discontent than quench the same they did forbeare to give any notice thereof to the people 8 After this certain dangerous and pernicious petitions contrived by the advice and Counsell of the said Sir William Parsons Sir Adam Loftus Sir Iohn Clotworthy knights Arthur Hill Esquier and sundry others of the malignant party and signed by many thousands of the malignant party in the City of Dublin in the province of Vlster and in sundry other parts in this kingdom directed to the Commons house in England were at publick Assizes and other publick places ' made known and read to many persons of quality in this kingdom which petitions contayned matters destructive to the said Catholicks their Religion lives and estates and were the more to be feared by reason of the active power of the said Sir Iohn Clotworthy in the Commons house in England in opposition to your Majesty and his barbarous and inhumane expressions in that house against Catholick Religion and the professors thereof Soon after an order conceived in the Commons house of England that no man should bow unto the name of IESVS at the sacred sound whereof all knees should bend came to the knowledge of the said Catholicks and that the said malignant party did contrive and plot to extinguish their Religion and Nation hence it did arise that some of the said Catholicks begun to consider the deplorable and desperate condition they were in by a Statute Law here found among the records of this kingdom of the second yeare of the raigne of the late Queen Elizabeth but never executed in her time nor discovered till most of the Members of that Parliament were dead no Catholick of this kingdom could injoy his life estate or libertie if the said statute were executed whereunto no impediment remained but your Majesties prerogative and power which were indeavoured to be clipped or taken away as is before rehearsed then the plot of destruction by any Army out of Scotland and another of the malignant party in England must be executed the feares of those twofold destructions and their ardent desire to maintain that just prerogative which might encounter and remove it did necessitate some Catholicks in the North about the two and twentieth of October 1641. to take Armes in maintenance of their Religion your Maiesties rights and the preservation of life estate and liberty and immediately thereupon tooke a solemne Oath and sent severall Declarations to the Lords-Iustices and Counsell to that effect and humbly desired they might be heard in Parliament unto the determination whereof they were ready to submit themselves and their demands which Declarations being received were slighted by the said Lords-Iustices who with the swaying part of the said Counsell and by the advice of the said two impeached Iudges glad of any occasion to put off the Parliament which by the former adjournment was to meet soon after caused a Proclamation to be published on the three and twentieth of the said Moneth of October 1641. therein accusing all the Catholicks of Ireland of disloyalty and therby declaring that the Parliament was prorogued untill the six and twentieth of February following within a few dayes after the said three and twentieth day of October 1641. many Lords and other persons of rank and quality made their humble addresse to the Lords-Iustices and counsel made
it evidently appear unto them that the said prorogation was against Law and humbly besought the Parliament might sit according to the former adiournment which was then the only expedient to compose or remove the then growing discontents and troubles of the land And the said Lords-Iustices and their party of the Counsell then well knowing that the Members of both houses throughout the kingdom a few in and about Dublin only excepted would stay from the meeting of both houses by reason of the said prorogation by proclamation two dayes before the time gave way the Parliament might sit but so limited that no Act of grace or any thing else for the peoples quiet or satisfaction might be propounded or passed and thereupon a few of the Lords and Commons appeared in the Parliament house who in their entrance at the Castle-bridge and gate and within the yard to the Parliament-house door and recesse from thence were invironed with a great number of Armed men with their match lighted and Muskets presented even to the breasts of the members of both houses none being admitted to bring one servant to attend him or any weapon about him within the Castle-bridge yet how thin soever the houses were or how much over-awed they both did supplicate the Lords-Iustices and Counsell that they might continue for a time together and expect the coming of the rest of both houses to the end they might quiet the troubles in full Parliament and that some Acts of security granted by your Maiesty and transmitted under the great Seale of England might passe to settle the minds of your Maiesties subiects To these requests so much conducing to your Maiesties service and the settlement of your people a flat denyall was given and the said Lords-Iustices and their party of the Counsell by their working with their party in both houses of Parliament being then very thin as aforesaid propounded an order should be conceived in Parliament that the said discontented Gentlemen took Arms in rebellious manner which was resented much by the best affected of both houses but being awed as aforesaid and credibly informed of some particular persons amongst them stood in opposition thereunto that the said Musquetiers were directed to shoot them at their going out of the Parliament house through which terrour way was given to that order Notwithstanding all the before mentioned provocations pressures and indignities the far greater and more considerable party of the Catholicks and all the Cities and Corporations of Ireland and whole provinces stood quiet in their houses whereupon the Lords-Iustices and their adherents well knowing that many powerfull Members of the Parliament of England stood in opposition to your Majesty made their principall application and addressed their dispatches full fraught with calumnies and false suggestions against the Catholicks of this kingdom to them and propounded unto them to send severall great forces to Conquer the kingdom those of the malignant party here were by them armed the Catholicks were not only denyed Arms but were disarmed even in the City of Dublin which in all successions of ages past continued as loyall to the Crown of England as any City or place whatsoever all other ancient and usuall Cities and Corporate Townes of the kingdom by means whereof principally the kingdom was preserved in former times were denyed arms for their money to defend themselves and expresse order given by the said Lords-Iustices to disarme all Catholicks in some of the said Cities and Towns others disfurnished were inhibited to provide Arms for their defence and the said Lords-Justices and Counsell having received an order of both houses of Parliament in England to publish a proclamation of pardon unto all those who were then in rebellion as they tearmed it in this kingdom if they did submit by a day to be limited The said Sir William Parsons contrary to this order so wrought with his party of the Counsell that a proclamation was published of pardon only in two Counties and a very short day prefixed and therein all free-holders were excepted through which every man saw that the estates of Catholicks were first aimed at and their lives next The said Lords-Iustices and their party having advanced their design thus far and not finding the successe answerable to their desires commanded Sir Charles Coot Knight and Baronet deceased to march to the County of Wickloe where he burnt killed and destroyed all in his way And in a most cruell manner man woman and child persons that had no appearing wills to doe hurt nor power to execute it soon after some foot-companies did march in the night by direction of the said Lords-Iustices and their said party to the Town of Sawntry in Fingall three miles off Dublin a Country that neither then nor for the space of four or five hundred yeares before did feel what troubles were or war meant but it was too sweet and too neare and therefore fit to be forced to armes in that town innocent husband-men some of them being Catholicks and some Protestants taken for Catholicks were murthered in their Inne and their heads carried triumphant into Dublin next morning complaint being made of this no redresse was obtained therein whereupon some Gentlemen of quality and others the inhabitants of the Country seeing what was then acted and what passed in the said last march towards the County of Wickloe and justly fearing to be all murthered forsook their houses and were constrained to stand together in their own defence though ill provided of Arms or Ammunition Hereupon a proclamation was agreed upon at the Counsell board on the thirteenth of December 1641. and not published or printed till the fifteenth of December by which the said Gentlemen and George King by name were required to come in by or upon the eighteenth of the said Moneth a safety was therein promised them On the same day another proclamation was published summoning the Lords dwelling in the English-pale near Dublin to a Grand-Counsell on the seventeeth of the said Moneth but the Lords-Justices and their party of the Counsell to take away all hope of Accommodation gave direction to the said Sir Charles Coote the said fifteenth day of the said Moneth of December to march to Clontarff being the house and Town of the said George King and two miles from Dublin to pillage burn kill and destroy all that there was to be found which direction was readily and particularly observed in manifest breach of publike faith by meanes whereof the meeting of the said Grand-Counsell was diverted the Lords not daring to come within the power of such notorious faith-breakers the consideration whereof and of other matters aforesaid made the Nobility and Gentry of the English-pale and other parts of the province of Leinster sensible of the present danger and put themselves in the best posture they could for their naturall defence and imployed Lieutenant Colonel Read to present their humble Remonstrance to your Sacred Majesty and to declare unto you the state
attaynt many thousands of your Majesties most faithfull subiects of this kingdom they being never summoned nor having notice of those proceedings and Sheriffs made of obscure mean persons by the like practise appointed of purpose and poore Artificers common souldiers and mecanicall servants returned Iurors to passe upon the lives and estates of those who came in upon protection and publick faith 14 Therefore the said Catholicks in the behalfe of themselves and of the whole kingdom of Ireland Do protest and declare against the said proceedings in the nature of Parliaments and in the other Courts aforesaid and every of them as being heynous crimes against Law destructive to the Parliaments and your Majesties prerogatives and authority and to the rights and just liberties of your most faithfull subjects Forasmuch Dread Soveraign as the speedy application of apt remedies unto these grievances and heavy pressures will tend to the settlement and improvement of your Majesties revenue the prevention of further effusion of bloud the preservation of this kingdom from desolation and the content and satisfaction of your said subjects who in manifestation of their duty and zeale to your Majesties service will be most willing and ready to imploy 10000. men under the conduct of wel-experienced Commanders in defence of your Royall rights and prerogatives They therefore most humbly beseech your Majesty That you will vouchsafe gracious answers to these their humble and just complaints And for the establishment of your people in a lasting peace and security The said Catholicks do most humbly pray that your Majesty may be further graciously pleased to call a free Parliament in this kingdom in such convenient time as your Majesty in your high wisdome shall think fit and the urgencie of the present affaires of the said kingdom doth require and that the said Parliaments be held in an indifferent place summoned by and continued before some person or persons of honour and fortune of approved faith to your Majesty and acceptable to your people here and to be timely placed by your Majesty in this government which is most necessary for the advancement of your service and present condition of the kingdom in which Parliament the said Catholicks doe humbly pray these and other their grievances may be redressed and that in the said Parliament a statute made in this kingdom in the 10. yeare of K. Henry the 7. commonly called Poynings Act and all acts explayning or inlarging the same be by a particular Act suspended during that Parliament as it hath been already done in the 11. yeare of Q. Eliz. upon occasions of far lesse moment then now do offer themselves And that your Majesty with the advise of the said Parliament will be pleased to take a course for the repealing or further continuance of the said Statutes as may best conduce to the advancement of your service here and peace of this your Realme and that no matter wherof Complaint is made in this Remonstrance may debarre Catholicks or give interruption to their free votes or sitting in the said Parliament And as in duty bound they will ever pray for your Majesties long and prosperous Raign over them FINIS THis Remonstrance was delivered by the Lord Viscount Gormonstown Sir Lucas Dillon Knight Sir Robert Talbot Baronet and John Walsh Esquire thereunto authorised by the Confederate Catholicks of Ireland to His Majesties Commissioners at the Town of Trim in the County of Meath on the 17. of March 1642. to be presented to His most Excellent Majestie Printed at Waterford by Thomas Bourke Printer to the Confederate Catholicks of IRELAND Anno Dom. 1643. To the Kings most excellent Majestie YOur Majesties most loyall and obedient Protestant Subjects of Ireland groaning under the heavy pressures of the confederate Romane Catholiques of Ireland who to adde to all their other injuries have printed a booke intituled A Remonstrance delivered by the Lord Viscount Gormanstowne and others authorised by the said confederate Catholiques to Your Majesties Commissioners at Trym the 17. of March 1642. which came not to the knowledge of Your Majesties Protestant Subjects of Ireland till of late wherein they have endeavored by confounding of times and by other subtile conveyances to put a shew of reason upon their wicked and unnaturall acts We therefore beseech Your most sacred Majestie to cast your eye upon the ensuing Collection of some passages and unknown truths wherein will appeare part of the grievances of Your Majesties said Protestant subjects and part of the many untruths and scandalous aspersions by the said Remonstrants cast upon Your Majesties gracious government and upon Your said Protestant subjects And although these Collections in some measure answer the Remonstrance and come attired in round and plaine expressions as the wofull case requireth the just vindication of Your Majesties gracious government pressing also that all vizards and palliations be laid aside yet it is humbly prayed that nothing herein may be construed as to proceed of malice or desire of aggravation against any person therein concerned how intollerable soever the projects and actions of many of them have been or to be contrived to avert foreclose or shorten Your Majesties grace or clemencie which Your Majestie shall extend to any of them in Your Majesties abundant indulgence as a Princely parent to your people and may stand with Your Majesties honour and soveraignty and the peace and future security of Your Majesties Kingdome and good people of Ireland First to the Preface THat the Remonstrants were no way necessitated to take Armes for the preservation of their Religion for which long time before their taking arms they were not troubled nor so much as questioned having also in their actions varied from the rules of all Christiā Religion nor for maintenance of your Maties rights prerogatives there being no opponents in the kingdom of Ireland in that matter except the Remōstrants themselves who knew that Governours and Officers there have with all zeale and constancy from time to time maintained and with extreame hazard of their lives to maintaine the same and that none in the said Kingdome hath offered to oppose or diminish them save what these Remonstrants have done by laying aspersions on your Majesty in your Goverement and striving to abridge both your profit and Authority under that popular and specious pretence of grievances which is one of their maine ends in all their unruly actions and now having possessed themselves almost of all your Majesties Revenues both certaine and casuall and also of the estates of your Protestant Subjects doe undutifully assume unto themselves and exercise a Papall Iurisdiction in that Church and a tyrannicall power in that Common-wealth as well by sea as by land a presumption never adventured upon in any former rebellious times and which can be nothing but a ground-plot of insurrections hereafter They publish new Lawes for Government erect new Courts and Tribunalls of all kind of Iudicature they ordaine Magistrates Iudges and Officers of all
to the notice of all Our will and pleasure is that any whatsoever Copies or Transumpts whether written or printed that are subscribed with the hand of a publick notary and which have the seale of some eminent Person in Ecclesiasticall dignity affired thereunto be of the same force power and authority and have the like credit in every respect given unto them as would be to these our principall Letters if they were shewen and exhibited Dated at Rome in the Vatican or St. Peters Palace the 25 of May 1643 and in the twentieth year of our Pontificat M. A. Maraldus THe Recusant Lawyers on the other side secretly infusing into the credulous Irish and many old English pretended grievances and quarrells against your Majestie and your Government and the English Iudges and officers which pretended grievances even those Lawyers themselves knew to be of no importance towards any prejudice to the Kingdome in generall and which they well faw the English Iudges and Officers were most earnest to redresse and did it as fast as could be being to strive against such irregularities and reluctances as they found when they began And to prepare for this Rebellion they did in the present Parliament declare that killing in rebellion was no forfaiture of lands though the Law was heretofore held other wayes and much of your Majesties revenew stands upon that Title And for petitionary wayes and some other illegall parts in the Government the Popish Lawyers now chief leaders of the Remonstrants were the chiefe practizers at Councell board and most solicitous to lead the people into those wayes to flatter the Governours All which they did of purpose as it now appeares to poyson the minds of the people and to heape up matter whereout to gather discontent in them against your Majesty and your Government that when the Clergy could worke in them a grounded hatred to the Protestants and gaine in their hearts a further loathing of English Government how just and profitable soever both might meete towards destruction of the Kingdome in a Warre as they have now brought to passe And yet if a thorough Scrutiny were made and the state of that Realme with other Kingdomes notwithstanding their loud clamors of pretended Grievances no such enormities or abuses will be found to have been there when the Rebellion began as do exceede others in forraigne Kingdomes but rather farre lesse and not any such as might stirre up such implacable malice and hatred against your Majesty and the English Government and nation as now they shew Besides it is observable that in the Protestation and Declaration of the Lords and Comons in this Parliament of Ireland they do protest and declare that that Kingdome at the Earle of Straffords first comming to that Government was in a flourishing wealthy and happy estate and that for many yeares past before his coming the Government was Laudable Mild and Legall and yet in some Prints they now call it Tyrannicall for forty yeares past Touching the opposing of the graces this is as untrue as the rest for as to the graces in the fourth yeare of your Majesties raigne they were allowed the benefit of them for the most part as in particular THe placing of the Souldiers in Garrisons and ordering them so as they were no burthen to the Country neither were they from thenceforth used to collect Your Maiesties rents other then those graces allowed and that rarely The licences for retailing Ale and Beere were called in and so remained till setled by Law Orders were made for regulating the Clarke of the Market The imposition upon the short Plowes ceased untill a Law was made for it and the penalty of that Law also forborne at the motion of the Lords in Parliament Limitation for Tanning of Leather quite taken away Free Libertie given for Transportation of Corne Tallow Hides Beefe and other Commodities Bishops and Abby Liberties in Townes did contribute with the Townes Creation money allowed to Lords who had it graunted to them by Patent Liveries Ouster Lemaines c. past without Oath of Supremacy notwithstanding the Lawes then and now in force otherwayes ordeyned Divers Lands in Connaught put out of charge on those graces Rates of Compositions observed Commissioners of the Country appointed to ioyne with officers for inquiry and all other directions mentioned in the graces concerning the Court of Wards were obeyed The ordering of Fees of Officers in Court was left to the Parliament who tooke paines in it through not fully finished Estates of undertakers in Vlster were confirmed according to the graces and no man denied it that sued for it The Recusant Lawyers without taking the Oath of Supremacy admitted to the barre and all others to practize as Protestants were The Plantations of Longford Leytrim c. had their allowance of two years for performance of Covenants as was required The towne of Athlone had time given them as in the graces was commanded The Iudges were required to take order for summoning of convenient numbers of Iurors at Assizes and Kings Bench Not to allow accusation and testimony of infamous persons convicted of treason for evidence Not to bind over Iurors in case of tryall betweene subiects To dispatch poore mens causes in Courts Not to assesse Recompence upon robberies Not to bind over Witnesses upon Tryalls and to forbeare Reprivalls except upon case of necessity All which were observed by the Iudges as farre as might be The Bishops were required to take care that Pluralities should not be bestowed on unqualified or unworthy persons which was observed generally Provost Marshalls were forborne in all places except upon rare occasions of necessity and commonly at the suite of the Country while the necessity required and then to cease The Scottish men were generally made Dennizens either by Patent or Act of Parliament and none were refused it and now lately all the residue naturalized by Act of Parliament Strict course was taken to recover Vicaridges out of Impropriators and Laymens hands many recovered and where no Vicars were the Impropriators compelled to give good maintenance to Curates Protections against Iudgments in Courts and Decrees in Chancery very rarely graunted Corporations were Assessed towards contributions and other Country charges Order was given for Sherifes Fees as well in Leets as for removing possession and for effecting their Fines by Iustices of peace which was observed so as it was not complained of The Exchequer was commanded to proceed touching Custodiaries as was required by the graces and not to compell possessours to plead to charges upon Patents graunted to strangers All which was observed Warrants of Assistance to the Clergie were wholly forborne only in one Diocesse of Downe foure yeares since or thereabouts which was called in And in effect all those graces were yeilded unto and allowed as fast as the times could permit Except the enrolling the surrenders of Connaught and granting away those lands and Tenures and except the limitation of Your Majesties Titles above sixty
yeares which were staid by the then Lord Deputy and Counsell upon great and waighty reasons of state as they then represented to your Majesty till your Majesty might be well informed of the truth of the case yet afterwards by your Majesties command Bills for Acts of Parliament to resettle all those lands in the Natives and other possessours and their heires were sent over under the great Seale of Ireland and returned under the great Seale of England according to Poynings Act and were ready to passe by Parliament there at the then next session and three other Acts parcell of those graces if the confederate Catholiques had not raised this fearfull Rebellion before the beginning of that Session which was appointed to be in November following And where in one of those graces it was desired that all distinctions betweene the Natives and Brittish might be taken away That was a thing most desired by the Brittish and Protestants But these Remonstrants have now shewed that they never so intended They were so farre from that as they have to their uttermost extirpated all the Brittish and Protestants although the English Governours in the Raigne of your Majesty and your royall father had by Statutes repealed thirteen severall old Statutes against Irish many of which were penall to them in a high degree and tended to destruction Touching the Complaints of false Inquisitions taken upon faigned titles and no traverses or petition of right admitted It is a faigned and scandalous information for when any particular Inquisitions were found either for tenures or title of land no traverses or petition of right as farre as Law would allow Vide the statute of 10 Caroli Cap 3 for the benefit of plantations were ever denied to the subject But where generall Inquisitions were found for Plantations in Irish Countries in respect they were for setling the people in a full peace And because the Deputy many of the Counsell your Majesties learned Counsell and chiefe Officers of eminent trust were Commissioners and alwayes present And that the lurors were alwayes the prime men in each Territory and the Offices most publiquely found by their free consent all parties fully heard And that those people had neither legall title nor evidences whereon to to ground traverses And by reason of the great difficulty to obteine indifferency of tryall for the Crowne In these cases which could at best but breed disturbance contrary to the true intent of those publique and beneficiall workes It was thought fit for quieting of those estates by Patents that traverses should not be admitted unto those graund Officers upon every light surmise but only upon good just and legall causes first made knowne and well considered of by your Majesties Counsell neither were ever Jurors sentenced for not finding any of those Offices except in the County of Galway in the Province of Connaught where the Iurors upon only willfullnesse would not find upon just and full evidence as appeared after in the Starrechamber And upon the same evidence Informations being filed in the Exchequor for those lands the prime Lawyers and many of the Gentry of that Countrey in their answers upon oath confessed your Majesties Title and so Judgment passed for your Majestie and seizures issued And afterwards in a Petition signed and preferred by all the Prime Inhabitants in that County your Majesties Title was acknowledged and a plantation desired besides in the Lord Faulklands time many of the prime men Lords and others in three other Counties of that Province tendred to your Majesty a Plantation upon certaine conditions appearing under their hands they well knowing the benefits arising by plantations and your Majesties just Title to those lands and being conscious to themselves of their unjust intrusion into them And touching the illegall avoyding 150 Patents in a morning by underhand working It is an untruth and as to their naming Sir William Parsons in this Article he was none of the Committee that considered of the Patents in Connaught or Munster where this must be meant neither had any thing to doe in that part of the proceedings neither were any thing neere so many Pattents ever questioned in Connaught and the Territories in Munster lately found for your Majestie which must be the places intended by this Article the debate wherof continued several moneths neither was any such course continued or intended to avoid other Patents except what was done by the means of one Iames Cusack Esquire on of his Majesties Counsell at law and Clark of the Commission for defective tytles A Papist Lawyer now a Remonstrant but where the parties in that intended Plantations brought in their Pattents as was required A Committee of some of the prime Judges your Majesties learned Counsel were appointed by the E. of Straford late Lord Lievtenant to view them And where they found them good as many were they were allowed where they conceived them void in law Counsel was fully heard where they confessed the same it was so agreed where they doubted they were left to tryall if they would stand upon it as few did This was done for avoiding of trouble needlesse charge neither was it a new course for in the Vlster Plantation the like course was found fittest and books of the Cases sent to his then Majestie and by him referred to the Judges of England and by them agreed unto and certified back and so the lands passed and in many other cases aswell for pretended grants of Customes Franchises and other things in former times the Cases were ruled by opinion of the Judges directed by the Deputies and in this Parliament both Houses required the Judges opinions on certaine Queries concerning the Government tendred to the House of Lords by the House of Commons but in most of all the other Plantations all Pattents whether void or otherwayes being not many were allowed and the Pattentees had regraunts for the most part of the same lands or if the necessity of the service so required it of others of like quantitie and value as neere as might be sometimes of better value paying only the old Pattent Rents and services except in some cases when generall Pattents being void in themselves were in Queene Elizabeths time made to Irish Lords of whole Countries upon false surrenders where possession did never runne according to their Pattents And in those cases also so much as they were possessed of were repassed unto them at the former rents and services And if these confederates had had as much care of the honour of the great Seale the publique Faith and just duty and service to your Majestie and your Crowne as those Governours Counsellours and Officers alwayes had they would never have broken out into this unnaturall and horrid rebellion having no just ground or cause for any such act Neither were the Ministers of State like to be advanced or like to be benefited by what was done or to be done towards that Plantation of Connaught and the
and the other wilde fiction of 10000 Scots then not so much as thought on to come thither but long after agreed on after your Majesty under your owne royall signature had appointed and authorised severall persons of quality to be Collonels to prosecute Rebells and sent upon necessity to preserve your Majesties Crowne and Kingdome against those confederats most unnaturall and horrid attempts take the boldnesse to avow the Acts of the Northerne Rebels on the 23 of October 1641 as necessitated thereto for preservation of their Lives Liberties and Estates for maintenance of their religion and for your Majesties rights which none there except themselves ever moved or offered to oppose or impeach which Northerne rising is by Declaration made by many of themselves in Parliament in November 1641 and by their advice printed professed and published to be a traiterous and rebellious taking up of Armes against your Majesty they then seeming to detest and abhorre their abhominable and inhumaine actions of murthers and other outrages therein specified therein also protesting to maintaine the rights of your Majesties Crowne and Government against the said Rebels whom they then acknowledged to be Rebels and to fight against your Majesties Rights and Government and whom now they palliate with the attribute of discontented Gentlemen Neither was that Declaration enforced from the Parliament as they suggest but by due course passed as well appeares by the passages thereof appearing in the bookes And in further presumption those Remonstrants affirme that those Northerne Traitors did send Declarations to the Lords Justices and Counsell humbly desiring to be heard in Parliament which is most untrue there never comming any Declaration or other motion from any of them to the Lords Justices and Counsell other then a presumptuous proposition from those of Cavan which their Lordships answered and certified to the then Lord Leivtenant as is before mentioned Neither is it to be wondred at that these consederats passe over so slightly the cruell murders and massacres acted upon your Majesties Protestant Subjects in Vlster and else where in time of full peace your Majesties Protestant Subjects not being in any posture of defence by reason of the suddennesse of their surprise considering the little defence the confederats are able to make against those knowne massacres And as to the Proclamation on the 23 of October 1641 published by the Lords Justices and Counsell to make knowne the preservation of your Majesties Castle and City of Dublin and to publish the discovery of the conspiracy of some evill affected Irish Papists wherein all good Subjects are admonished to take comfort to stand one their defence and preserve the peace There is in that Proclamation no mention at all of any Prorogation and whereas afterwards divers of the pale and other old English petitioned the Lords Justices and Counsell taking offence at the words Irish Papists wherein there being no distinction they might doubt themselves involved The Lords Justices and Counsell being tender least they in whose fidelity their Lordships then rested confident should take umbrage at any their expressions did by their printed Declaration dated the 29 of the same October publish and proclaime That by the words Irish Papists they intended the meere old Irish in the Province of Vlster and none of the old English of the Pale or other parts True it is that on the 27 of October 1641. The Lords Justices by advice of the Counsell and for the necessity of the time many members of those houses being then in Rebellion and many slayne or hanged by the Rebels and some imprisoned and some beseiged in their houses by them did proclaime a prorogation of the Parliament from the dayes of the former adjournment in November 1641 till the 24 of February following yet that Proclamation not to stand for a prorogation as conceived not fully warranted by Law but was done in those dangerous times to prevent concourse at Dublin to preserve the members of the houses from danger of travaile and to the end they shall not be drawne from defence of the Country In which Proclamation there is no word of Irish Papists or of the Catholiques of Ireland or of the Rebellion raised for which prorogation the Lords Justices received your Majesties expresse command because your Majesty desired the Lord Leivtenant should be then there And the Lords Justices act was therein approved by your Majesty as concurring with the advice of your Counsell And to shew that it was not intended for the full prorogation when afterwards before the day of the former adjournement some of the houses came to the Lords Justices and Counsell and seeming to doubt of the legality of that manner of prorogation desired that the houses might meete and for clearing of all doubts might fit on the 9 day of November and adjourne to the 16 day of that November and at the 16 day of November might sit for a day or two to make some publike Declaration of their loyalties and that a shorter time for their next meeting then the 24 of February aforesaid might be appointed The Lords Justices and Counsell-freely-yeilded unto them in all their requests and on the 17 day of Nouember towards night the Parliament was prorogued in the houses but till the 11 of Ianuary after though your Majesties warrant was till the end of February It is most untrue that the Lords Justices and Counsell limmited them that no Acts of grace or other thing for the peoples quiet and satisfaction should passe For the houses during those two daies did make and publish the Declaration above mentioned and some other ordinance for the provision security and comfort of the Country as farre as might be But they neither did nor could then at the very beginning of of the rebellion move or offer to passe any acts of grace The Lords iustices by his Mjesties directions did make knowne to the Parliament that his Maiesty would not depart frō any his former favours promised to them for setling their estares to such as should remain faithfull and loyall or were denyed the same many of their intentions being fixed as soone after appeared to come by their end another way which proceedings of the Lords Justices and Counsell in that businesse doth appeare by Proclamation then published by the Lords Justices and Counsell with the privity of the houses And as to their being invironed with a great number of armed men in their accesse and recesse to and from the house with their matches lighted and Muskets presented even to the breasts of the members of both houses First they should tell that those guards were put into your Majesties Castle where before none were except the ordinary retinue of a few warders under the Constables Command for guard and preservation of the said Castle against the said confederats wicked plots and conspiracies then discovered And that those guards did but stand in their Armes in the Castle yard meerely as in observance to that eminent assembly
themselves Rebels and of the Conspiracy They blocked him up in the Castle of Athlone by the helpe of the Conspirators of Westmeath They burnt his Towne of Roscomon and the Bishops Towne of Elphin and many other English mens habitations They surprized severall Castles of the Earle of Clonrickards in the County of Galway notwithstanding that on their surmise that they doubted they should not have the benefit of the graces his Lordship wrote to your Majestie and received assurance in their behalfes of the same which he published together with severall other Declarations of your Majesties And so the Lord President continued in Athlone till your Majesties Lieutenant Generall of your Army carryed downe 2000. foot and some Troopes of horse by all which appeares that neither the Lords Justices and Councell nor the Lord President nor any other in that Province did any thing to provoke them much lesse to put them to defence till they had murthered robbed and spoyled all the Brittish and Protestants and committed all other Rebellious and hostile Acts that lay within their lust or power To the eleventh Article IT is confessed that Parliaments have beene held in Ireland very many yeares often for the benefit of the King Art 11. and the good people of the Kingdome But how long Parliaments have beene held there or whether with equall liberties powers and immunities with the Parliament of England and how farre lawes made in England may bind in Ireland will best appeare in the Records Rowles and Authentick Presidents of both Kingdomes and will be fittest for the dispute and judgement of such learned in the Law and other Antiquities as your Majestie in your high wisedome shall appoint thereunto Neither is it true that untrue suggestions and informations out of Ireland moved the Parliament of England to make such Lawes as in this Article are mentioned neither can it be conceived the words or intent of those Acts if they have force in Ireland doe ayme at or can reach unto any the lands or possessions of any your Majesties good Subjects in that Kingdome but onely to the lands and rights of those that have most disloyally lifted up themselves against their most gracious Soveraigne Lord their lawfull and naturall King and committed the most detestable treasons against your person Crown and Dignity and the most sanguinolent outragious and abominable Acts upon the persons and estates of your Majesties obedient peaceable and innocent Subjects so farre as possibly they could that ever were read or heard of without provocation or the least motive neither can those Acts in any respects be the occasion or grounds of those hideous perpetrations Those Acts in their first conception being derived onely from fearefull rebellion raised by the Confederates and long after the horrible Acts of that rebellion by your Majestie and your Parliament advised of and considered in England as the most speedy and effectuall way to raise meanes for the releefe of the remnant of your Majesties miserable despoyled Subjects ready every day to be swallowed up by the deluge of that universall rebellion and to maintaine some being in your Majesties just Soveraingty rights and interest in that Kingdome wholly despised and troden under foot by the Confederates as before appeares Neither can it be beleeved that your Majestie was inforced thereunto it being your owne cause and the cause of your beloved and ever loving people And if any losse should thereon happen to your Majestie which is not beleeved yet would your Majestie be largely recompenced in setling those lands except where your Majesty shall find cause to shew mercy in the hands of a peaceable and faithfull people who will not repine or be slow to straine themselves every way to your Majesties profit and honour who will be willingly taught that rebellion is Treason and so hate and abhorre it and who will for ever free your Majestie and your posterity from those dangers travels and expences which have in many ages lien heavy upon the Kings and Kingdome of England by meanes of the undutifull behaviour and strange seducements of many of the Inhabitants of that Kingdome of Ireland and for which your Majesties gracious and pious provision for your Majesties good people both your Kingdomes will now and in all succeeding ages blesse and pray for your sacred Majestie and your Royall posterity and for ever acknowledge your Majesties rare piety and Princely goodnesse Neither is there any truth in that malicious traducement that your Majesties forces in Ireland disavowed any authority from your Majestie all their authority and command being intirely derived from your Majestie and your immediate Ministers and they wholly disclaiming any other service the contrary whereof could never be heard out of the mouthes of any of them To the twelfth Article IT is true that the Lords Justices and Councell in just and lawfull grounds Artic. 12. and for great and weighty reasons of State for common safety published severall Proclamations as shall here appeare but not with wicked intent or evill event as in this Article is with malice insinuated On the 23 of October 1641. when the houre approached which was designed for surprizing your Majesties Castle of Dublin great numbers of strangers were observed to come to towne in great parties severall wayes who not finding admittance at the gates stayed in the Suburbs and fields and there grew numerous to the terrour of the Inhabitants Insomuch as the Magistrates of the City came to the Councell board with much feare and astonishment declaring that those mighty numbers in the fields and Suburbs still increasing did threaten high present danger in respect whereof and considering the great numbers of desperate and loose persons who were the night before and that morning stolne into the City and Suburbs from severall parts of the Kingdome who were secretly harbored amongst the Papist Inhabitants the Lords Justices and Councell first caused as many of them so harboured in town as could be readily found to be apprehended and secondly sought for the rest considering also that in so sudden and great a distemper and confusion something of extraordinary was of necessity to bee done for terrour to disperse those multitudes so to rid the Town of them and to resettle in some degree the mindes of the terrifyed and distracted inhabitants which the Lords Justices and Councell did chuse rather to do the same by some sharpe Proclamation then by falling upon them by violence which must needs have increased the tumult and therefore the Lords Justices and Councell did then instantly publish a Proclamation in your Majesties Name Commanding all persons not dwellers in the City or Suburbs to depart within one houre after publishing by Proclamation and that upon paine of death This Proclamation did not so much as intend or aime at any known Inhabitants of the Pale or Countries adjacent or any of known credit or good subsistence neither did any such qualified persons then take the least ill apprehension
themselves and that not upon particular quarrels or pretended grievances which your Majesty could easily have redressed whatsoever they could bee but upon prepensed resolution and designe to extirpate all the British and Protestants If these bee the Liberties that they fight for doubtlesse they are not justifyable by the Laws of God or Man but utterly inconsistent with the loyalty of Subjects to a Religious Monarch now by the mercy of God granted to that Nation They complaine of persons impeached in Parliament to bee dismissed by the Parliament now sitting This wee conceive to bee a just act they having fully answered their charge and no crime appearing against them And it is upon good reason believed that the same was set on foote against those impeached Judges rather out of dis-affection to the Government and because they were observed carefull Servants to your Majesty then out of any crime that could bee truely objected and proved against them It is confessed that the Parliament since the beginning of that Rebellion have made divers Orders and Declarations for the advancement of your Majesties Service and the Publick good and declaration of the Truth and if there had been any Acts ready which might have been good for the Kingdome they might have beene passed with as much authority as at any other time neither can it appeare that ever the Protestants did or ever offered to passe any Acts prejudiciall to your Majesty or harmefull to the Nation wherein themselves by Gods Providence were incorporated both in habitation alliance and interest Nay rather their ill requited love to the Nation will appeare in that as is before herein set down they freely joyned as well in this Parliament as in the last Parliament and in that held in the Reigne of the blessed King James to repeale all Acts that were offensive or penall to the Nation It is confessed that since the beginning of Hillary Terme 1641. Termes have been kept in Dublin as legally and justly they ought to bee and in the Kings Bench many known Traytors and Rebels have been upon just and full evidence indicted and many outlawed by a legall and due course but no known faithfull Subjects were then indicted nor ever intended to bee neither were any Sheriffes appointed but men of known-credit and subsistence competent for such a trust as now the State of the Kingdome standeth most of the Sheriffes formerly appointed having openly joyned in the conspiracy and action of rebellion against your Majesty your Government and Laws And where these Remonstrants seeme offended that Souldiers are members of the Parliament and have been Jurors on those indictments and some tryals They should have considered that their Rebellion forced many of those men to forsake their Estates and undergoe that honourable profession to stand in your Majesties just quarrell against the Remonstrants and to defend the residue of your Majesties distressed Subjects and the Government and Laws of the Kingdom Those Confederates well knowing that many of those men had and yet have full interests in as good estates as themselves and aswell in point of Interest as other abilities of education are as fit as any of them were to bee partakers of the best trust in the Common-wealth And whereas they say that divers who came in upon protection and publick faith were so tryed for their Lives and Estates It is a most notorious untruth and can onely befit the Remonstrants to averre but can never gaine credit with any that know Ireland or will duly weigh what is here before truely specified And for their Protestation against the Parliament and the Acts of it and of other your Majesties Ministers it can be of no better value And for the Remonstrants desire that your Majesty would bee graciously pleased to call a free Parliament in Ireland in such convenient time as your Majesty in your High Wisdome shall thinke fit and the urgency of the present affaires of that Kingdome doth require and that the said Parliament bee held in an indifferent place summoned by and continued before some Person or Persons of Honour and Fortune of approved faith to your Majesty and acceptable to your people there By this their desire your Majesties Protestant Subjects doe evidently perceive that the Remonstrants thereby intend the dissolving of that Parliament which your Majestie hath now sitting and which hath on weighty reasons been continued thus long and how dangerous this may prove to your Majestie and your Majesties Protestant Subjects they most humbly beseech your Majestie in your High Wisdome to judge First they being Parties criminous will gaine the acquitall of their owne ill done actions and the management of the most weighty affaires of the Common-wealth and wholly exclude your Majesties Protestant Subjects who with all reall fidelity have served your Majesty this present Parliament and they seeme not willing to have any of your Majesties Protestant Subjects amongst them assuring themselves that if any thing shall bee there propounded to the dishonour of God the prejudice of your Majestie or any of your good Subjects there that your Majesties Protestant Subjects will stand in opposition to their intentions The Remonstrants well knowing that by their cruell actions they have either murthered or banished most of your Majesties Freeholders so as no votes are left either in Counties or Corporations for the electing of your Majesties Protestant Subjects by which they intend no other then a Parliament of Roman Catholiques who we doubt not will take care to vindicate themselves And as for those of your Majesties Protestant Subjects that these Remonstrants have left undestroyed by the Sword they now desire to destroy or banish them out of that Kingdome by colour of Justice as may appeare by this following Oath by them generally taken The oath of the Confederate Romane Catholiques of IRELAND c. I A. B. Doe in the presence of Almighty God and all the Angels and Saints in Heaven promise vow sweare and protest to maintaine and defend as farre as I may with my life power and Estate the publike and free exercise of the true and Catholique Romane Religion against all persons that shall oppose the same I further sweare That I will beare Faith and Allegiance to our Soveraigne Lord King CHARLES his Heires and Successors And that I will defend him and them as farre as I may with my life power and estate against all such persons as shall attempt any thing against their Royall Persons Honours and Estates or Dignities And against all such as shall directly or indirectly endeavour to suppresse their Royall Prerogatives or do any act or acts contrary to Regall Government as also the power and priviledges of Parliament the lawfull Rights and Priviledges of the Subject And every person that makes this Vow Oath and Pretestation in whatsoever hee shall doe in the lawfull pursuance of the same And to my Power as farre as I may I will oppose and by all wayes and meanes endeavour to bring to condigne
high and unreasonable in their propositions they must expect nothing but War To which the Agents answered that they were ill furnished for a War but had rather undergoe the hazard of a War then consent to a dishonorable and destructive peace and they further answered that they should betray the trust reposed in them by the Protestants of Ireland if they did admit of any further alterations of the said propositions then as is hereafter mentioned which the said Agents were resolved upon no terms to doe Then Sir George Radcliffe said that he was sure that if the said Agents would fall three parts of foure of the said Propositions that the fourth part would not be consented unto And afterwards Sir George Radclieffe seeing he could no way further prevaile with the said Agents to alter their propositions told them that they were sent over by the Protestants of Ireland to preserve them ☞ and unlesse the said Agents consented to a peace His Majesty being in no condition to send them any reliefe the Irish upon their Agents returne home would destroy the remnant of the Protestants of Ireland and therfore desired the said Agents to consider of some way to secure them To which it was answered by the Protestant Agents that there were five more he yet to come to the end of the Cessation within which time meanes might be found for their reliefe and that it were better that the Protestants should quit Ireland for a time then consent to a destructive peace Then Sir George asked how they could get the Protestants from thence To which it was answered by one of them that His Majesty might make stay of the Irish Agents in England untill the protestants were brought out of Ireland Sir George Radcliff replied that be had rather advise the King to lose that Kingdom then that he should violate his word with the Irish Agents who were come to Treate with His Majesty and had his Majesties promise for their safe returne And the said Sir George said further ☞ that if the Irish had not good conditions it was not likely that they would forbeare Armes untill the end of the time limited by the Articles of Cessation The next day the Protestant Agents delivered the aforesaid propositions unto Secretary Nicholas to be presented to his Majesty or to the Lords of the Committee which he thought fittest which propositions follow in haec verba The humble Propositions of Your Majesties Protestant Agents of Ireland in pursuance of the humble Petition of Your Majesties Protestant subjects aswell Commanders of Your Majesties Army there as others presented to Your Majesty the 18. day of April 1644. and answered by Your Majesty the 25 of the same 1. WE most humbly desire the establishment of the true Protestant Religion in Ireland according to the Lawes and Statutes in the said Kingdome now in force 2. That popery and popish recusants may be suppressed according to the lawes and statutes established in Ireland 3. That the Parliament now sitting in Ireland may be continued for the better setlement of that Kingdome for if that Parliament should be dissolved there would be few or no protestant freeholders found in that Kingdome they being either killed or banished by this rebellion to elect or chuse any of Your Majesties protestant subjects to sit in Parliament hereafter which by consequence may be destructive to Your Majesties rights and prerogatives and protestant subjects in their lives liberties and fortunes 4. That all such lawyers who refuse to take the Oathes of supremacy and alleageance may be suppressed and restrained from practise in that Kingdom the rather because the lawyers in England doe not here practise untill they take the Oath of supremacy And it hath beene found by wofull experience that the advice of the popish lawyers to the people of Ireland hath been a great cause of their continued disobedience 5. That there may be a present absolute suppression and dissolution of all the assumed arbitrary and tyrannicall power which the said confederate Roman Catholiques as they call themselves exercise over Your Majesties subjects both in causes Ecclesiasticall and Temporall 6. That all the Armet and Ammunition of the said confederates may be brought into Your Majesties hands when any conclusion shall be made 7. That Your Majesties protestant subjects ruined and destoyed by the said confederates may be repaired for their great losses out of the estates of the said confederates not formerly by any Act of Parliament in England otherwise disposed of in such manner and measure as Your Majesty in Your high Wisdome shall think fit whereby they may the better be enabled to reinhabit and defend the said Kingdome of Ireland 8. That the said confederates may rebuild the severall Plantation Houses and Castles destroyed by them in Ireland in as good state as they were at the breaking out of the rebellion which Your Majesties protestant subjects have beene bound by their severall patents to build and maintaine for Your Majesties service or otherwise that Your Majesty will discharge Your said protestant subjects of that Covenant or condition in their severall patents and that an Act be passed in this present Parliament to that purpose And whereas severall Castles and Houses were surrendered upon Quarter upon Articles under their hands with solemne Oathes or otherwise to preserve the said Castles and houses from being defaced or demolished That the said confederates who have so Articled with any of Your Majesties protestant subjects may rebuild the said Castles or Houses in as good state as they were at the time of surrendring up of the same upon Articles as aforesaid or such a considerable fine may be levied out of the Estates of the said confederates as may rebuild the said Houses as Your Majesty in your high Wisdome shall think fit 9. That the great arrears of rent due to Your Majesty out of the Estates of Your Majesties protestant subjects at and since Michaelmas 1641. may be paid unto Your Majesty by the said confederates who have either received the said Rents to the uses of he confederates or destroyed the same by disabling Your Majesties protestant subjects to pay the same and have also destroyed all or the most part of all other rents or meanes of support belonging to Your said protestant subjects or that Your said protestant subjects may be discharged of all such arrerages of rents to Your Majesty And that Your Majesty will be further graciously pleased to give an abatement of the great yearly rents payable from Your protestant subjects for some reasonable time as in Your Majesties high wisdome shall be thought fit for their encouragement and enablement to replant that Your Kingdome in respect the said lands for the most part depopulated by the said confederates will not be worth Your Majesties rents for a long time 10. That Your Majesty will be graciously pleased to take into Your Majesties hands so much of the confederates estates as are necessary to be planted
be a great tenour and discontent to all your Majesties protestant Subjects of that Kingdome and may be also a meanes to 〈◊〉 many of your Majesties subjects to quit that Kingdome or peradventure to adhere to some other party there in opposition to the Roman Irish confederates rather then be lyable to their power which effects may prove of most dangerous consequence And we humbly offer unto your Majesties consideration your owne gracious expression mentioned in the grounds and motives inducing your Majesty to agree to a Cessation of Armes for one whole yeere which the Roman Catholiques of Ireland printed at Oxford 19 Octob. 1643. viz. And let all Our good subjects be assured that as we have for these reasons and with this caution and deliberation consented to this preparation to peace and to that purpose doe continue Our Parliament there so we shall proceed in the accomplishing thereof with that care and circumspection that we shall not admit even peace it selfe otherwise then as it may be agreeable to conscience honour and justice We also humbly desire that such Lawes as your Majesty shall thinke fit to passe may be transmitted according to Poynings Law and other Laws of explanation thereof or of addition thereunto now in force with great contentment and security to your Majesties protestant Subjects But if the present Parliament be dissolved we humbly represent unto your Maiesty that so many of your ablest and best protestant Subjects have been murthered or banished by this rebellion that few or no protestant Free-holders will be found in the Counties Citles and Burroughs to elect and choose Knights Citizens and Burgesses which will be most dangerous to your Majesties rights and prerogatives and good subjects and may begēt great disputes in after-tmes For the repealing of Poynings act notwithstanding their feigned expressions of their loyalty yet it plainly appeares they doe not repose so much trust in your Majesties Justice as it becommeth loyall Subjects to doe and such they pretend themselves to be for that they seeke thereby to prevent your Majesty and your Councell of England and Ireland of so full a view and time of mature consideration to be had of Acts of Parliament of Ireland before they passe as in prudence is requisite and hath been found necessary by the experience of well neere 200 yeeres and if their intentions were so cleare as they professe we know not why they should avoyd the strictest view and try all of your Majesty and Councels of both Kingdomes this their desire tending to introduce a great diminution of your Royall and necessary power for the conservation of your Regall State and protection of your good protestant Subjects there and elsewhere And what speciall use they aime at in seeking such repeale your protestant Subjects as they know not the particulars so can they coniecture of none unlesse the said confederates have some designe by way of surprize to obtrude upon your Majesty in their new desired Parliament some Acts in justification of their ill done actions and for condemning such of your protestant Subjects as have in their severall degrees most faithfully served your Majesty there which we the rather believe seelng they have vowed by their Oath of association and the Bull lately published in Ireland since the cessation the destruction of the Protestants there when they have their Swords in their hands to put the same in execution 3. Proposition That all Acts and Ordinances made and passed in the now pretended Parliament in that Kingdome since the seventh day of August 1641. be clearely annulled and declared voyd and taken off the file Answer We humbly desire that they may particularize those Ordinances which may prejudice your Majesties service for we are well assured that the Parliament now sitting in Ireland on signification of your Majesties pleasure therein will either give your Majesty full satisfaction or repeale any unjust Orders or Ordinances whatsoever which may be prejudiciall to your Majesty And there may be some Orders or Ordinances which may concerne particular persons in their lives liberties or fortunes that may suffer unheard by the admitting of so generall a Proposition which is meerly proposed as we humbly conceive to put a scorne on your Majesties Parliament now sitting there and to discourage your Majesties Protestant Subjects who have faithfully served your Majesty in that Parliament 4. Proposition That all Indictments Attainders Outlaries in the Kings Bench or elsewhere since the said seventh day of August 1641. and all Leters Patents Grants Leases Custod Bends Recognizances and all other Records Act or Acts depending thereupon or in prejudice of the said Catholiques or any of them be taken off the file annulled and declared voyd first by your Majesties Proclamation and after by Act to be passed in a free Parliament Answer This we conceive to be a very bold Proposition not warranted as we also conceive by any example and tending to introduce an ill president in after times for it was never seene that Records were taken off the file but where there was some corruption or fraud or some illegall or unjust carriage used in and concerning the procuring or making up of such Records and the same first well proved upon due examination And it may not onely conceale but in some sort seeme to justifie their abominable treasons murthers cruelties massacres and plunders acted against your Majesties Person Crowne and Dignity upon the persons of your Majesties most loyall protestant Subjects in that Kingdome and encourage the papists there to doe the like againe besides the discouragement it may beget in your Majesties Officers and Subjects to doe their duties in the like insurrections which may happen hereafter which also may prove very prejudiciall to your Majesties rights and revenues if the Records to support the forfeitures wherein many of them are or may be grounded should be taken off the file and cancelled 5. Proposition That inasmuch as under colour of such Outlaries and Attainders debts due unto the said Catholiques have been granted levyed and disposed of and of the other side that debts due upon the said Catholiques to those of the adverse party have beene levyed and disposed to publique use That therefore all debts be by Act of Parliament mutually released or all to stand in statu quo notwithstanding any grant or disposition Answer We humbly conceive that in times of peace and most setled government when the course of Law and Justice is most open and best observed that the debts due to the Crowne and actually levied and payd in to your Majesties use ought not to be restored though the Records of the forfeitures should be legally reversed which is farre from the present case and this proposition tendeth to crosse that just right of your Majesty and to make the disposition by the confederate popish Rebels of debts due to Protestants and by the said Rebels by fraud and force levyed and disposed in maintenance of their Rebellion which cunningly they
call by the name of publique uses to be in equall degree to the debts owing by the Rebels and by them all forfeited and many of them by Law duely levyed which is a most unequall and unjust thing and the said Proposition cannot nor doth make offer to have the popish Confederates cut off from the debts due to them which they have justly forfeited but onely for a colour of consideration to have the Protestants lose such debts justly due to them as have been unjustly taken from them who have done no act at all to forfeit them 6. Proposition That the late Offices taken or found upon feigned or old titles since the yeere 1634. to entitle your Majestie to severall Countreys in Connaught Thomond and in the Counties of Typperarie Limrick Kilkenny and Wickloe be vacated and taken off the file and the possessors setled and secured in their ancient estates by Act of Parliament And that the like Act of limitation of your Majesties titles for the security of the estates of your Subjects in that Kingdom be passed in the said Parliament as was enacted in the 21 yeere of His late Majesties Raigne in this Kingdom Ans Wee know not of any Offices found on feigned Titles nor what the Confederates may demand in respect of any graces promised by your Majestie which we intend not nor have any occasion to dispute but wee humbly conceive that all those who have committed Treason in the late Rebellion subsequent to your Majesties promise of those graces have thereby forfeited the benefit thereof together with the Lands to which the said graces might else have related and so their whole estates are now justly fallen to your Majesty by their Rebellion which wee conceive is of great importance for your Majesties service to be taken into consideration As first with regard to the Statutes made in the present Parliament of England Secondly by the necessary encrease of your Revenue decayed by the present Rebellion Thirdly the abolishing of the evill customes of the Irish and preservation of Religion Laws and Government there Fourthly the satisfaction of your Protestant Subjects losses in some measure Fiftly the Arrers of your Majesties Army and other debts contracted for that warre and for preservation of that Kingdome to your Majestie Sixtly the bringing in of more Brittish upon the Plantations Seventhly the building of some walled Towns in remote and desolate places for the security of that Kingdome and your good Subjects there Eightly the taking of the Natives from their former dependencie on their Chieftains who usurped an absolute power over them to the diminution of your Regall Power and to the oppression of the Inferiours 7. Propos That all marks of incapacity imposed upon the Natives of that Kingdome to purchase or acquire Lands Leases Offices or Hereditaments be taken away by act of Parliament and the same to extend to the securing of Purchases Leases or Grants already made And that for the education of Youth an Act be passed in the next Parliament for the erecting of one or more Inns of Court Vniversities Frée and Common Schools Ans This we conceive concerneth some of the late Plantations and no other part of that Kingdome and that the restriction herein mentioned is found to bee of great use especially for the indifferencie of Trialls strength of the Government and for Trade and Traffique And we humbly conceive that if other Plantations shall not proceed for the setling and securing of that Kingdome and that no restraint be made of Papists buying or purchasing of the Protestants out of their former Plantations where they were prudently setled though now cast out of their estates by the late Rebellion and unable to Plant the same again for want of meanes and therefore probably upon easie termes will part with their estates to the Confederates that those Plantations will be destroyed to the great prejudice of your Majesties service and endangering of the safety of that Kingdome Touching bearing of Offices wee humbly conceive that their non-conformity to the Laws and Statutes of that Kingdome is the onely mark of incapacity imposed upon them and wee humbly conceive that they ought not to expect to bee more capable there then the English Natives are here in England in like case For Schooles in Ireland there are divers setled in all parts of that Kingdome already by the Laws and Statutes of that Realme And if any person well affected shall erect and endow any more Schooles there at their own charges so that the School-master and schollers may be governed according to the Laws Customs and orders of England and the best of Free-schools here wee cannot apprehend any just exceptions thereunto But touching Universities and Inns of Court we humbly conceive that this part of the Proposition savoureth of some desire to become Independant upon England or to make a separation in the Religion and Laws of the Kingdome which can never bee truely happie but in the good unitie of both in the true Protestant Religion and in the Laws of England For as for matter of charge such of the Natives as are desirous to breed their sonnes for learning in Divinity can bee well contented to send them to the Universitie of Lovain Doway and other Popish places in Forraign Kingdomes And for Civill-law or Physick to Padua and other places which draws a great treasure yearly out of your Majesties Dominions but will send few or none of them to Oxford or Cambridge where they might as cheaply be bred up and become as learned which course we conceive is holden out of their pride and disaffection towards this Kingdome and the true Religion here professed And for the Laws of the Land which are for the Common-law agreeable to England and so for the greatest part of the Statutes the Innes of Court in England are sufficient and the Protestants came thither without grudging And it is a means to civilize them after the English Customes to make them familiar and in love with the Language and Nation to preserve the Law in the purity when the Professours of it shall draw from one originall fountain and see the manner of the practise of it in the same great Channells where his Majesties Courts of Justice of England do flow most clearly whereas by separation of the Kingdoms in the places of their principall instruction when their foundations in learning are to be laid a degenerate corruption in Religion and Justice may happily be introduced and spread with much more difficulty to be corrected and restrained afterwards by any discipline to be used in Ireland or punishments there to be inflicted for departing from the true grounds of things which are best preserved in unity when they grow out of the same root then if such Universities and Innes of Court as are proposed should be granted All which we humbly submit to your Majesties most pious and prudent confideration and judgement 8. Propos That the Offices and places of Command Honour Profit